Skip to main content

Commons Chamber

Volume 107: debated on Tuesday 2 July 1918

The text on this page has been created from Hansard archive content, it may contain typographical errors.

House Of Commons

Tuesday, 2nd July, 1918.

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

Private Business

Private Bills (Standing Orders not previously inquired into complied with),—Mr. SPEAKER Laid upon the Table Report from one of the Examiners of Petitions for Private Bills, That, in the case of the following Bills, referred on the Second Reading thereof, the Standing Orders not previously inquired into, which are applicable thereto, have been complied with, namely:

  • Maidenhead Gas Bill.
  • South Suburban Gas Bill.

Ordered, That the Bills be committed.

Private Bills [ Lords] (Standing Orders not previously inquired into complied with),—Mr. SPEAKER Laid upon the Table Report from one of the Examiners of Petitions for Private Bills, That, in the case of the following Bill, originating in the Lords, and referred on the First Reading thereof, the Standing Orders not previously inquired into, and which are applicable thereto, have been complied with, namely:

  • Bristol Corporation Bill [Lords].

Ordered, That the Bill be read a second time.

Private Bills [ Lords] (no Standing Orders applicable),—Mr. SPEAKER Laid upon the Table Report from one of the Examiners of Petitions for Private Bills, That, in the case of the following Bills, originating in the Lords, and referred on the First Reading thereof, no Standing Orders are applicable, namely:

  • Calthorpe Estate Bill [Lords].
  • Scarisbrick Estate Bill [Lords].

Ordered, That the Bills be read a second time.

Gas Bills

Brentford Gas Bill (by Order),

Adjourned Debate on Second Reading [ 20th March] further adjourned till Tuesday, 23rd July.

Cannock Gas Bill (by Order),

Hampton Court Gas Bill (by Order),

Second Reading deferred till Tuesday, 23rd July.

Liverpool Gas Bill (by Order),

Second Reading deferred till Tuesday, 16th July.

Longwood and Slaithwaite Gas Bill (by Order),

Yeadon and Guiseley Gas Bill (by Order),

Cardiff Gas Bill (by Order),

Second Reading deferred till Tuesday, 23rd July.

Commercial Gas Bill (by Order),

Gas Light and Coke Company Bill (by Order),

Second Reading deferred till Tuesday, 16th July.

Hastings and St. Leonard's Gas Bill (by Order),

Newcastle-upon-Tyne and Gateshead Gas Bill (by Order),

Plymouth and Stonehouse Gas Bill (by Order),

Second Reading deferred till Tuesday, 23rd July.

Portsea Island Gas Light Bill (by Order),

Second Reading deferred till Tuesday, 16th July.

Richmond Gas Bill (by Order),

Southampton Gas Bill (by Order),

Second Reading deferred till Tuesday, 23rd July.

South Metropolitan Gas Bill

Order for Second Reading read.

Motion made and Question proposed, "That the Bill be now read a second time."

I do not know if my hon. Friend who has objected to this Bill notices the Motion which is down in the name of the Chairman of Ways and Means on page 206 of the Order Paper. It is a matter of agreement that the Bill should go forward with all these disputed gas Clauses cut out. I do not know whether in those circumstances the hon. Gentleman will withdraw his objection and allow the Bill to proceed.

I understood that all these London Gas Bills were to be considered together. I understood that from what was said regarding two other Bills which affect London—the Commercial Gas Bill and the Gas Light and Coke Company Bill—which were postponed till 16th July. We Member who are connected with London certainly thought that all the London Bills would be taken together and not split up.

The promoters of this Bill have agreed that these disputed Clauses should be struck out. They have one or two other domestic matters in the Bill, and I hope that on that understanding the hon. Gentleman will allow the Bill to proceed.

Second Reading deferred till Tuesday, 16th July.

South Shields Gas Bill (by Order),

Second Reading deferred till Tuesday, 16th July.

Swansea Gas Bill (by Order),

York Gas Bill (by Order),

Basingstoke Gas Bill (by Order),

Rhymney and Aber Valleys Gas and Water Bill (by Order),

Second Reading deferred till Tuesday, 23rd July.

Alliance and Dublin Gas Bill (by Order),

Second Reading deferred till Tuesday, 16th July.

Electric Lighting Provisional Orders Bill,

Local Government (Ireland) Provisional Order (No. 2) Bill,

Pier and Harbour Provisional Orders Bill,

Read the third time, and passed.

Glasgow Corporation Order Confirmation Bill [ Lords] (by Order),

Glasgow and South-Western Railway Order Confirmation Bill (by Order).

Read a second time; to be considered To-morrow.

Shops Act, 1912

Copy presented of Order made by the Council of the undermentioned local authority, and confirmed by the Secretary of State for the Home Department:

  • City of Nottingham

[by Act]; to lie upon the Table.

National Health Insurance (Joint Committee) Regulations

Copies presented of Regulations made by the Commissioners, and dated 28th June, 1918, entitled the—

  • National Health Insurance (Inquiries as to Medical Practitioners and Chemists) Regulations, 1918;
  • National Health Insurance (Associations of Approved Societies) Regulations, 1918;
  • National Health Insurance (Unclaimed Proceeds of Stamp Sales) Regulations, 1918;
  • National Health Insurance (Reserve and Transfer Values) Regulations, 1918;
  • National Health Insurance (Exempt Persons) Consolidated Regulations, 1918;
  • National Health Insurance (War Occupations) Regulations, 1918;
  • National Health Insurance (Arrears) Regulations, 1918,

[by Act]; to lie upon the Table.

National Health Insurance Commission (England) Regulations

Copy presented of Regulations, dated 28th June, 1918, made by the Insurance Commissioners, entitled the National Health Insurance (Appeal from Insurance Committee Audit) Regulations, 1918 [by Act; to lie upon the Table.

Selection (Standing Committees)

Sir Daniel Goddard reported from the Committee of Selection, That they had discharged the following Members from Standing Committee B; The Attorney- General for Ireland, Mr. William Boyle, Mr. Dawes, Mr. Grant, Captain Bennett-Goldney, Colonel Sir Samuel Hoare, Colonel Sir John Hope, Major Hunt, Mr. Ernest Jardine, Major Lane-Fox, Sir Francis Lowe, Colonel Wheler, and Colonel Penry Williams; and had appointed in substitution: Sir Montague Barlow, Colonel Boles, Mr. Bridgeman, Mr. Ernest Craig, Mr. Denniss, Mr. Holt, Colonel McCalmont, Mr. Neville, Colonel Orde-Powlett, Mr. Pulley, Mr. Runciman, The Solicitor-General for Scotland, and Captain Wright.

Sir Daniel Goddard further reported from the Committee, That they had added to Standing Committee B the following Fifteen Members (in respect of the Trade Boards Bill): Major Barnston, Sir Rowland Barran, Colonel Bathurst, Lord Henry Cavendish-Bentinck, Mr. Denman, Mr. Charles Duncan, Mr. Keating, Mr. James Mason, Sir Maurice Levy, Sir Robert Newman, Mr. Perkins, Mr. George Roberts, Mr. Rowntree, Mr. Scanlan, and Mr. Somervell.

Sir Daniel Goddard further reported from the Committee, That they bad added to the Standing Committee on Scottish Bills the following Fifteen Members (in respect of the Education (Scotland) Bill): Colonel Ashley, Mr. Boland, Mr. Broughton, Mr. Dillon, Colonel Du Pre, Mr. Goldstone, Major Sir Charles Hunter, Sir Joseph Larmor, Mr. Butler Lloyd, Mr. Macmaster, Sir Philip Magnus, Mr. Marriott, Mr. Alexander Richardson, Colonel Staveley Hill, and Colonel Weston.

Reports to lie upon the Table.

Oral Answers To Questions

War

Steel Exports To France

1 and 2.

asked the Secretary of State for Foreign Affairs (1) whether, in connection with the supply to France of tin-plates and steel, the system of having only one buyer, the Comité des Forges, for all British exports from this country to France was initiated and maintained at the request of the British Government; if so, whether the policy will be reconsidered, in view of the dissatisfaction being expressed amongst manufacturers and merchants both in this country and in France regarding the monopoly at present enjoyed by the Comité des Forges; (2) whether he is aware that the activities of the Comité des Forges de France are giving concern to manufacturers in this country; that this body, which is a private association of the principal French steel works, holds the monopoly of imports into France; that British merchants were, and are now, able to supply tin-plates and steel at much lower prices than the Comité des Forges are now charging the French consumer; and whether he is prepared to receive and consider the views of British merchants on this matter!

I venture to refer the hon. Member to the reply given to my hon. and gallant Friend the Member for Mansfield on the 13th of June, to which I have nothing to add.

Polish National Committee

Representative In London

3.

asked the Secretary of State for Foreign Affairs whether he is aware that Mr. Ladis-Sobanski is exercising the functions of a Consular Agent for the Polish National Committee at 2, Upper Montagu Street, Russell Square: whether the Foreign Office acknowledge Mr. Sobanski's right to act in respect of enrolling Poles for the Army, legalising documents requiring Consular attestation, and granting or visaing permits or passoports to leave England; if so, what Polish Government does this gentleman represent; and whether there exists now any Polish Government not under enemy domination?

Count Ladislas Sobanski is the representative in London of the Polish National Committee, which has been recognised by all the Allied Governments as the most practicable channel through which to deal with Polish communities and interests in each country. The Committee has for this purpose been granted the right, subject generally to the control of the British authorities, of exercising certain functions in some degree analogous to those exercised by Consuls. It does not claim to represent any Polish Government. The answer to the last part of the question is in the negative.

Are Russian subjects of Polish origin or domicile allowed to enlist under the auspices of Mr. Sobanski rather than under ordinary military authorities here?

I am afraid I do not in the least understand the question. Perhaps the hon. Member will put it down.

China

Iron-Mining Concession

4.

asked the Secretary of State for Foreign Affairs whether a Japanese syndicate have obtained possession or control of an important iron-mining concession in the Yangtse River area; whether this area is one more particularly reserved for British enterprises; and, if so, whether the British Ambassador or Foreign Office were consulted before the concession was asked for or granted?

His Majesty's Government are aware that negotiations are proceeding for the acquisition by a Japanese syndicate of the Feng Huang Shan Iron Mines near Nanking, but they have no official information that the negotiations have been concluded. The mines are situated in the Yangtse River area, which His Majesty's Government have always regarded as their special sphere of interest in China, in the sense that British subjects possess a prior claim to the favounrable consideration by the Chinese authorities of applications which they may make for industrial concessions in that region; but they are of opinion that neither British nor any other foreign claims to spheres of interest in China should be pressed so far as to be inconsistent with the principle of the "open door." The anwer to the last part of the question is in the negative.

As no prior favourable consideration has been given to British interests, will my Noble Friend make such representations to the Chinese Government as will ensure delay in the final grant of this concession until full consideration of British interests has been assured?

I will certainly consider that. Of course, British interests do not vitally affect this arrangement.

Territorial Force

Reconstitution Of Units

5.

asked the Undersecretary of State for War whether the decision was made known on the 2nd May, 1916, that first-line Territorial units temporarily disbanded under pressure of military necessity would be reconstituted as units on the termination of hostilities and would be brought home as units, has been communicated to the Yeomanry regiments which have been broken up in order to strengthen Regular Cavalry regiments; and, if not, will he have that decision communicated to them without delay?

The statement made by my predecessor on the 2nd May, 1916, to which I presume my hon. and gallant Friend refers, was made at a time when only a comparatively few Territorial Force units had been disbanded. As I informed my hon. and gallant Friend the Member for Epping on the 11th June, it is impossible to give any pledge in this matter until we are in a position to come to a decision as to the composition of the Army which it will be necessary to maintain after the War. It is, however, the intention that first-line Territorial Force units which have been broken up should be reformed at the end of the War, if the circumstances obtaining at that time permit of such a course.

Will the right hon. Gentleman make it quite clear to these men what their position really is, because there is a great deal of misapprehension?

Will consideration be given to the fact that when the first line Territorial units were called up, on the outbreak of war, they had no time to put their affairs in order—will that be considered in any matter of demobilisation?

That fact will certainly be taken into consideration. With regard to the supplementary question of my hon. Friend behind me (Mr. T. Wilson), I cannot say anything more definite than I have said on this question.

Will due consideration be given to this on the termination of hostilities?

As I pointed out in my answer to the original question, I do not think the pledge was more than what I have just stated—that if it were at all possible these units would be reconstituted and reformed after the War.

Military Service

Malta (Compulsory Service)

6.

asked the Undersecretary of State for War whether the Army Council have yet come to a decision on the question of the introduction of compulsory service into Malta and the calling out of all men there of military age for service, either in combatant units or Labour Battalions, as may be deemed best?

It is not proposed at present to introduce compulsory service into Malta.

If compulsory service has been introduced in the Channel Islands, is there any reason why it should not be introduced in the Mediterranean islands?

I am told that all the facts were considered by the various Departments concerned, and that is the conclusion at which they arrived.

Has the right hon. Gentleman had brought to his attention the speech of the Governor of Malta on the 15th March to two battalions of the Malta Militia, asking them to come forward and represent the honour of their country at the front, and to the miserable response given to that speech; and will the right hon. Gentleman not take steps to enforce it?

I have not seen that speech, but I am quite prepared to consider it.

Women Doctors

8.

asked the Under-Secretary of State for War whether he is aware that women serving as whole-time doctors in, the Army and doing precisely the same work as their male colleagues receive neither military rank nor status, thereby being deprived of equal pay, ration, and travelling allowances, as well as a gratuity; that they have their letters censored and suffer under many disabilities owing to their not holding commissioned rank; and whether, under these circumstances, steps will be taken to grant women temporary commissioned rank, thus removing these grievances and at the same time showing a just appreciation of the services rendered by women doctors in connection with the War?

My hon. Friend has been misinformed. Women serving as whole-time doctors in the Army for service at home and abroad receive the same pay, ration, travelling allowances, and gratuity, as temporary commissioned officers of the Royal Army Medical Corps. Those serving for home duty only on temporary engagements are treated in the same way as civilian medical men similarly employed. All officers have their letters censored. It is not proposed to grant commissions to women doctors.

Does not the right hon. Gentleman consider it advisable to give the same rank or commission to the women who are rendering such excellent service and are doing men's work?

I do not quite follow my hon. Friend. I have just said that in regard to pay, ration, travelling allowances, and gratuity they do get the same.

Has the hon. Gentleman received any communication from the Medical Women's Federation, who have unanimously decided to press the Government by all means in their power to grant temporary rank to medical women serving in the War?

Recruiting (Ireland)

13.

asked the Undersecretary of State for War whether the amount of the recruiting reward which is to be paid for each recruit obtained in Ireland under the recent voluntary recruiting scheme has been settled; and have arrangements been come to between the War Office and the Irish Government as to who actually is to get the money, whether the officials appointed by the Irish Government or the present, staff engaged on the work of recruiting?

The details of the new voluntary recruiting scheme in Ireland are still a matter of consideration between the civil and military authorities in Ireland, and no doubt the question of the payment of rewards for recruits obtained is one of the points receiving consideration.

Can the right hon. Gentleman say when this recruiting scheme is actually to be put into operation?

May we know exactly what Department or Departments it is that is responsible—is it the National Service Ministry or the Irish Office?

Are we to understand that recruiting in Ireland is being left in the hands of the War Office on account of the success with which it dealt with recruiting in Ireland in 1915?

37.

asked the Minister of National Service what provisional arrangements he has already made for applying the Military Service (No. 2) Act, 1918, to Ireland in the event of the equitable ratio of recruits from Ireland not being obtained under the voluntary scheme; and if, considering the arrangements which he has already made, he can estimate the period which must still elapse between any final decision of the Government to apply the Military Service Act to Ireland and the actual posting to units of the first Irish recruits under a compulsory system?

In view of the decision of the Government that Ireland should be asked to obtain a certain quota of recruits by voluntary enlistment, the application of the Military Service Acts to Ireland has been postponed. In the meantime no useful purpose will be served by stating what arrangements have been or will be made for the application of the Military Service Acts to Ireland in the event of the voluntary enlistment not providing the required number of recruits.

Have any steps been taken to reduce the period which the Prime Minister said, on the 9th of April, it would take to apply the Military Service Act to Ireland?

I think my hon. Friend had better address that question to the Leader of the House.

What hopes have the Government of raising 50,000 men in Ireland between now and the 1st of October?

Are we to understand that the Department of National Service have nothing to do with recruiting in Ireland? If it has, cannot the hon. Gentleman tell us whether the necessary preliminary steps, which are bound to take some time, are being taken by the Government, in view of the possibility of the failure of voluntary efforts?

I had better have notice. We have nothing to do with voluntary recruiting in Ireland.

Agricultural Volunteers

36.

asked the Minister of National Service whether the intimation that men over forty-five years of age can enrol for agricultural work will be made retrospective and to apply to all men of over forty-five who have not actually been posted to a unit on 22nd June, in view of the shortage of labour for agriculture?

Men over forty-five years of age in any grade are eligible to apply to enrol as War Agricultural Volunteers up to and including 6th July, even if they are actually under call for military service. The only exception is in the case of men who have exercised all their tribunal rights and been finally refused exemption.

What rates of pay will they be paid, and will they receive separation allowances?

Recruiting Appointments (Ireland)

39.

asked the Chief Secretary for Ireland if any salary, and, if so, its amount, is attached to the various recruiting appointments which are from time to time notified as being made by the Irish Government; and will he say if the gazetting to military rank of civilians to aid in Irish recruiting carries with it the regulation pay and emoluments?

Salaries will be paid in the case of some of the appointments to the staff of the Irish Recruiting Council, although most of those who are acting are doing so voluntarily. The personnel of the staff and the salaries that may be paid to its civilian and military members have not been yet fully arranged.

If an hon. Member or anybody else is gazetted a colonel for Irish recruiting purposes, is he paid the full salary of a colonel?

16Th Manchester Regiment

2.

asked the Under-Secretary of State for War if he will make inquiries into the case of certain men belonging to the 16th Manchesters, now stationed at Cowshott Camp; and in particular if he will ascertain whether these men, who were all category B 2 men, were marched past the doctor and all marked as fit for general service, without undergoing any individual medical examination; whether he is aware that these men include some who are practically cripples and others who are subject to epileptic fits; and whether he will take any action in the matter?

Soldiers' Leave

7.

asked the Undersecretary of State for War whether he is aware that there are men at present serving in Salonika who have been absent from home for over three years; and whether arrangements can be immediately made to see that these men are given leave?

As I stated on Thursday last, in reply to a question by my hon. and gallant Friend the Member for Bishop Auckland, owing to the restricted facilities for transportation, leave for troops serving at Salonika and other theatres of war in the East is necessarily limited. I can, however, assure my hon. and gallant Friend that everything possible, consistent with the military situation, is being done to increase the numbers to whom leave is granted. Preference is given to men who have served longest without leave.

9.

asked the Under-Secretary of State for War whether he will consider the possibility of granting greater facilities for leave to the men of the Yeomanry Division now serving in France who left England more than two years ago, and have not since had an opportunity of visiting their homes?

As my hon. Friend will realise, the military exigencies of the moment only allow a limited number of troops being granted leave. When the situation permits of a resumption of this privilege, I am sure the Field-Marshal will give every consideration to cases, such as those mentioned, where leave has necessarily been postponed.

Yes, Sir; I will make a point of placing it before the Field-Marshal.

10.

asked the Under-Secretary of State for War whether he will consider the possibility of arranging that Driver C. Rawson, No. 19015, Royal Field Artillery, should be sent home, his mother having recently lost her husband and three sons, of whom two were killed on active service, Driver Rawson being her only surviving adult son?

This case will be forwarded to the Commander-in-Chief concerned for his consideration.

This is the case of a pledge being given in this House—is it not?

Yes; I believe it is such a case. I am bringing it before the notice of the Field-Marshal Commanding-in-Chief.

General Sir F Maurice

11.

asked what were the emoluments of General Sir F. Maurice as Director of Military Operations; and what is his present allowance from Army funds?

As Director of Military Operations General Sir Frederick Maurice received £1,500 per annum. He is now in receipt of £225 per annum retired pay.

Are we to understand that that is the price of General Maurice for telling the truth?

Food Supplies

Harvesting (Labour)

12.

asked the Undersecretary of State for War if he will consent to the release of skilled agricultural labour recently called to the Colours for the purpose of securing the harvest?

Are we to take it that it is the final decision of the Government that no men are to be released for the harvest?

Tea

24 and 35.

asked the Secretary to the Treasury (1) whether the Department has had a scheme laid before it by China tea importers representing the trade for the purchase of a further 3,000,000 lbs. of tea of the present crop; whether the firm offers to undertake the entire financing of the scheme; whether he will, in view of the shortness of the time in which this transaction can be carried out, state the decision of the Department in the matter.

The hon. Member also asked the Parliamentary Secretary to the Ministry of Food (2) whether his Department has had before it a scheme for the purchase of a further 3,000,000 lbs. of China tea; and, if so, whether it has approved of it?

I have been asked to reply to these questions. A proposal of the character indicated by the hon. Member has been considered, but in view of the difficulties of tonnage and exchange, it is not thought desirable to sanction further purchases of China tea until those already authorised have been completed and shipped.

Imported Goods

33 and 34.

asked the Parliamentary Secretary to the Ministry of Food (1) if it is the intention of the Government to provide steamers for the coming season for the transport of dates from the Persian Gulf to the United Kingdom or the Continent; is he aware that the shipping season commences at the end of September, and that it is important for the merchants to know what arrangements are being made on account of advances to the natives; and is he aware that the cost of packing is nearly 1½d. a lb. as against id. a lb. in normal times; (2) whether, in view of the shortage of tea and sugar in this country, he will consider the advisability of devoting the 26,000 tons of space which were last year devoted to the carriage of dates from the Persian Gulf to the transport of tea from Ceylon and India to the United Kingdom, or sugar from Java to the United Kingdom; and is he aware that sugar can be purchased to-day at about 12s. a cwt. in Java?

I understand that the quantity of dates shipped last year from the Persian Gulf to the United Kingdom was approximately 11,400 tons. The fact that the cost of packing has materially increased will not be allowed to stand in the way of securing a limited quantity of next season's dates, if the necessary transport is available, and this will be decided in time to make the requisite arrangements. The paramount importance of essential foodstuffs is always borne in mind in settling subsidiary purchases.

Who was it shipped the balance of the dates? Was it the military authorities, or what Department shipped the balance over and above the 11,000 tons?

I have no knowledge of any balance being shipped other than the 5,000 tons.

Army Officers (Pensions)

14.

asked the Financial Secretary to the War Office whether, considering that officers are liable to be detained in the Service for the duration of the War although they have completed their time for full pension, there is any Warrant that authorises the withholding from such officers thus detained the pension or the deferred pay that is due to them on completion of the prescribed period of service; and, if so, will he quote the words of that Warrant?

The authority is Article 498 of the Pay Warrant, the words of which are as follow:

"Officers who shall, during a time of national emergency, be retained by our Army Council beyond the time when they are liable to retire from our Army, and officers taken into employment before the occurrence of a national emergency and retained in such employment during such emergency, shall not be deemed to be employed under the conditions of Article 496, and shall continue to serve under the conditions of pay, etc., previously applicable to them."

Is there anything in that that deprives the officer of the deferred pay to which he is entitled?

Small Holdings (Ex-Service Men)

18.

asked the President of the Board of Agriculture whether it is intended to take over any more of the Crown lands in the East Riding of Yorkshire for the formation of farm colonies under the Small Holding Colonies (Amendment) Act; and, if so, if he will arrange that the tenants who are to be dispossessed of their holdings shall be given at least eighteen months' notice of such intention?

The suggestion of the hon. and gallant Member will be carefully considered if and when the Small Holdings Colonies (Amendment) Bill becomes law.

King Charles' Statue

19.

asked the First Commissioner of Works why the statue of King Charles at Charing Cross has been sandbagged and covered with staging, and what the estimated cost of this work will be; if he will say if it is proposed to deal with other public statues in London in the same way; and, if so, how many and what statues they are?

I would refer the hon. Member to the answer I gave on the 19th June to the hon Member for Portsmouth for the reasons for this work, the estimated cost of which is £450. It is not my present intention to have any other statutes similarly treated.

Will the hon. Gentleman not consider the claims of Oliver Cromwell for similar protection?

Is it the case that this £450 was paid, not by the State but by the donor?

May I inquire whether this particular statue has been chosen as an indication of the Government's sympathy with statesmen who lose their heads?

The beautiful statue of the distinguished sovereign that I am protecting is one of the finest works of art in the Metropolis.

Why has the right hon. Gentleman not taken the same precaution with regard to Westminster Hall?

Representation Of The People Act

Soldiers' Votes (Proxy Areas)

25.

asked the President of the Local Government Board if forms have been provided for proxy voters which their wives or other persons appointed as proxy voters may send for signature to soldiers serving in proxy areas?

The Order in Council on this subject prescribing the forms to be used and making Regulations as to the mode in which proxy papers may be issued and cancelled was made last week, and will be obtainable in the course of a few days. The necessary forms are now being printed.

Will not the delay mean that the soldiers in the proxy areas will not be on the first register of voters?

I do not quite understand what the hon. and gallant Gentleman means by delay. No delay in this matter has taken place beyond what was unavoidable in the conditions under which the work was done.

Will the soldiers in the proxy areas be on the first register of voters?

It is very likely. Of course, the distance to be traversed and the whole of the conditions under which proxies have to be obtained, and guaranteed, are very difficult indeed, as the hon. and gallant Gentleman probably understands; still, it is very likely indeed that vast numbers of the soldiers will be on the first register.

Well, the proxy areas, of course, can only be understood to be those very distant areas in which it is very difficult indeed for soldiers to come home to vote, Salonika, Palestine, Egypt, and East Africa—these areas strike one at once as being areas from which proxy votes will probably be exercised.

I think so. Undoubtedly, where there are soldiers who cannot get home to vote, there must necessarily be, if possible, arrangements made for them to record their votes.

Will the soldiers in France and Belgium not be treated as absent voters—that is a very important matter?

The hon. Gentleman had better give notice of that. The question only deals with proxy forms.

Local Government Elections

28.

asked the President of the Local Government Board whether his attention has been drawn to the increased cost of elections for local government purposes that will arise in London under the Representation of the People Act; whether he has received any representations on the matter from any of the London authorities; and whether he has considered, or will consider, the point with a view of introducing a short Bill in order to reduce the cost of all municipal and local elections in the county of London?

My right hon. Friend has received from the London County Council a communication with respect to the expenses of candidates at county council elections. The matter is receiving his consideration in relation not only to London County Council elections, but to county and municipal borough elections generally.

Railway Traffic (Demurrage)

20.

asked the President of the Board of Trade whether his attention has been drawn by the Incorporated Swansea and District Freighters' Association to the action of the Great Western Railway Company and other railway companies in demanding an undertaking from senders of any traffic to London waterside stations to pay any demurrage incurred upon railway trucks and sheets and barges detained under load beyond the free period; and whether, in view of the fact that when manufacturers have placed traffic on rail they have no further control and their liability is ended, he will make representations to the Railway Executive Committee on the matter?

My attention has been called to this matter, and inquiries are being made.

Coal Supplies

21.

asked the President of the Board of Trade whether his attention had been drawn to the dearth of coal in Cornwall, and to the fact that, in consequence of this shortage, many merchants are closing down their businesses; and whether he will enable his zone representative to remedy this state of affairs and provide him with information as to what supplies may be expected during the coming weeks in preparation for winter needs?

I understand that the Controller of Coal Mines has received representations on the subject of coal for the South-Western Counties. The immediate cause of the shortage which has been felt in certain localities is the "comb-out" of miners, the effect on which has been accentuated in the South-Western Counties by the recent strike in South Wales. My hon. Friend will be aware that a rationing scheme is to be introduced shortly, and while the amount of coal available for consumption will necessarily be reduced, I have every reason to hope that the arrangements which have been made will ensure a reasonable supply throughout the country. The Controller will be glad to look into any specific case of difficulty, if precise particulars can be furnished.

Cottage Property (Sub-Letting)

26.

asked the President of the Local Government Board whether his attention has been called to the profits made by the tenants of small house and cottage property by sub-letting portions of their houses; and whether, in view of this method of profiteering, he is prepared either to propose an Amendment to the Increase of Rent and Mortgage Interest Acts to enable the landlords of such properties proportionately to increase their rents or to limit the right of the tenants to profiteer by under-letting at increased rentals?

My right hon. Friend's attention has been drawn to a few cases of the kind referred to, but he cannot undertake to promise further legislation on this subject at the present time.

Naval And Military Pensions And Grants

27.

asked whether dependant's allowance is still being paid to the wives of Russian subjects who left this country ostensibly to bear arms against the Central Powers; and, if so, is it his intention to discontinue this payment except where the wife is a woman of British birth?

As I have previously informed my hon. and gallant Friend, the allowances to the dependants of Russians who returned to Russia for military service in compliance with the terms of the Anglo-Russian Military Service Convention are only paid in necessitous cases, and His Majesty's Government agreed to provide the necessary funds on the understanding that the sums expended will be recovered from Russia at a later date. It is not proposed for the present to discontinue the existing arrangements.

Ministry Of Health

29.

asked the Minister for Reconstruction when he will be in a position to introduce a Bill setting up a Ministry of Health?

A Bill on the subject is under the consideration of the Government, but I am not able to make any statement as to its introduction.

If an agreement as to departmental reorganisation is not arrived at soon, will the right hon. Gentleman refer the matter to the Cabinet for decision?

Munitions

Glycerine

30.

asked the Minister of Munitions whether it will now be possible to arrange for the release of a suitable quantity of glycerine for the preparation of medicines of which it is an ingredient and meet a want which is pressing?

Glycerine is released for medicinal purposes where it is indispensable, competent medical advice being taken in doubtful cases.

Army Reserve

31.

asked the Minister of Munitions whether he is aware that J. W. Hulin, of 2, Heywood Terrace, Pill, Somerset, was an Army Reserve munition worker, and, though graded C 1, sent to work seven days a week in a Lincolnshire iron mine, walking two and a half miles night and morning to and from work, till after eight months' work he completely broke down; that J. W. Hulin has since then suffered from disseminated sclerosis, is a helpless cripple, without means, with a dependent wife and child, and has received no pension nor compensation for this work resulting in his physical ruin; and whether he will make a suitable allowance in this case?

No representations whatever as to this workman's health or the difficult circumstances under which he is stated to have been working reached the Ministry of Munitions until a few days ago. Inquiry is being made into the case, and I will communicate the result to the hon. Member as soon as possible.

Special Educational Paper

32.

asked the Parliamentary Secretary to the Ministry of Food the number of copies sent out of the special educational paper by the instructions of his Department; if they were paid for, the cost of the same and also of the postage to each school in the country; can he state what quantity of paper was released in order to enable this paper to be issued; whether it was paid for by his Department; whether the special feature of the paper to which his Department attached so much importance was not in the original number submitted, but was supplied by his office to this paper; if he can state if any of the staff of his Department are or have been members of the staff of this journal; and if he will give an undertaking that this special favouring of one competitive professional paper shall not occur again?

The cost of printing the 28,043 copies sent out to schools was borne by the educational paper. These copies were sent post free, and the only direct cost to the Government was for the paper, the exact amount of which cannot at present be separated from other returns. I am not clear what was the special feature of the paper to which the hon. Member refers in the fifth part of his question; the answer to the sixth part is in the negative. Any similar application on behalf of any other educational journal will be dealt with on its merits in a similar fashion.

Raw Materials (War Conference Decisions)

40.

asked the Prime Minister whether his attention has been called to the resolution sent by the British Empire Producers' Organisation to His Majesty's Government urging the desirability of co-operation between the Government and the United States for the immediate purchase of raw materials necessary for industry during the period of reconstruction; and whether he can make any statement on this subject?

The answer to the first part of the question is in the affirmative. The question of the best methods of securing command of essential raw materials produced within the Empire with a view to safeguarding the industries of the Empire and the Allies during the reconstruction period has been considered by the Imperial War Conference now sitting, which has arrived at important decisions thereon. I hope that these decisions will in due course form the basis of discussions with our Allies and will lead to that co-operation which the hon. and gallant Member desires.

Will the decisions arrived at by the Imperial War Conference be published?

I cannot give an answer to that. I am not acquainted exactly with what is being done.

Aliens (Government Departments)

41.

asked the Prime Minister whether a Return can be laid before the House of all men of German parentage at present in Government employ, stating if and when naturalised?

I can add nothing to the reply which I gave to the hon. Member for East Herts on the 26th June, to which I would refer my hon. and gallant Friend.

Lord Rothermere

42.

asked the Prime Minister whether Lord Rothermere has received a fresh appointment under the Government; if so, what is the nature of the appointment; and on what date was it conferred upon Lord Rothermere?

Lord Rothermere has been acting since 1st June in an advisory capacity in connection with the American and British overseas section of the Ministry of Information.

Trade Boards Bill

43.

asked the Prime Minister when it is intended to take the Committee stage of the Trade Boards Bill?

I understand that the Grand Committee to which the Trade Boards Bill has been committed will probably take it next week.

Alien Enemies In United Kingdom

(by Private Notice) asked the Chancellor of the Exchequer whether he will consider the advisability of providing an early opportunity to the House for a discussion of the method of control of alien enemies in this country?

I know how strong the feeling on this subject is in the House, and the sooner it is discussed the better from every point of view. I hope that it may be possible to arrange for it next week.

What Vote will be taken on Thursday? Could not the discussion take place on the same Vote?

That is a matter for consideration. Probably the best form would be the Home Office Vote, but that must depend whether or not it is the wish of the House that the Vote should be taken.

If the discussion takes place on the Home Office Vote, will it not shut out other questions which ought to be raised on that Vote?

Are we to understand that this question will be taken in the absence of the Home Secretary?

Orders Of The Day

Business Of The House

May I ask the right hon. Gentleman what Supply will be taken on Thursday?

We propose to take the Scottish Estimates on Thursday.

Ordered, That the Proceedings in Committee on the Education Bill, if under discussion at Eleven o'clock this night, be not interrupted under the Standing Order (Sittings of the House).—[Mr. Bonar Law.]

Education Bill

Considered in Committee.—[ Progress, 1 st July.]

[Mr. WHITLEY in the Chair.]

Clause 22—(Abolition Of Fees In Public Elementary Schools)

(1) No fees shall be charged or other charges of any kind made in any public elementary school, except as provided by the Education (Provision of Meals) Act, 1906, and the Local Education Authorities (Medical Treatment) Act, 1909.

(2) During a period of five years from the appointed day the Board of Education shall in each year, out of moneys provided by Parliament, pay to the managers of a school maintained but not provided by a local education authority, in which fees were charged immediately before the appointed day, the average yearly sum paid to the managers under Section fourteen of the Education Act, 1902, during the five years immediately preceding the appointed day.

(3) Nothing in this Act shall affect the provisions of Section nine of the Elementary Education (Blind and Deaf Children) Act, 1893, or of Section eight of the Elementary Education (Defective and Epileptic Children) Act, 1899.

The first Amendment—to leave out Sub-section (1), standing in the name of the hon. Member for Cambridge University (Sir J. Larmor)—is equivalent to a negative of the whole Clause. The next four Amendments—in Sub-section (1), after the word "elementary," to insert the words "or secondary"; leave out the word "elementary"; after the word "school" to insert the words "or secondary school"; and at the end of Sub-section (1) to add the words "nor in any secondary school provided by a local education authority, or which is in receipt of Grants from the Board of Education"—standing in the names of the hon. Members for the Haggerston Division (Mr. Chancellor), for North Somerset (Mr. King), for Sunder-land (Mr. Goldstone), and for Mid-Lanark (Mr. Whitehouse), raised the question of secondary schools, which was dealt with on Clause 1, when an Amendment was proposed to the same effect by the hon. Member for North Somerset and was negatived on a Division.

On a point of Order. When this subject was discussed it had reference to the establishment of schools in the future, whereas the present Amendment deals with existing schools.

In any case it would not come on this Clause, but, if a new Clause is brought up, I will consider it. It would not be appropriate on this Clause.

I beg to move, at the end of Sub-section (1), to add the words "and as hereunder mentioned."

This Amendment must be taken in conjunction with a later and somewhat lengthy Amendment, which requires some little explanation. Under Sub-section (2) of Clause 22, exception is made with regard to matters under Section 14 of the Education Act, 1902, and it is rather necessary that we should go back in order that the Committee may understand what Section 14 of the Act of 1902 did. It really carried out an agreement that was entered into at that time with schools where fees were charged prior to 1902, and whereby those fees were to be allowed to be continued. There is a feeling of injustice on the part of many of the managers of these schools on account of their treatment under this Clause. The Bill has been kept pre-eminently free from all those questions of religion and all those old troubles between different classes of education which were so rampant in 1902, but this Clause rather introduces contentious matter which is felt very keenly in certain parts of the country. The Committee are probably aware that fee-paying schools were not at all prevalent in the South of England. They were built and carried on very largely in one part of Lancashire and Cheshire, but outside Manchester, Chester, Liverpool, Birkenhead, and a few other Lancashire towns, there were very few fee-paying schools. I should like to state one reason why some of these fee-paying schools were established. Those who really valued education found that there were a number of private schools that were very inefficient, but parents felt strongly that they should be at liberty to choose the school to which they sent their children, and they were prepared to pay a reasonable price to make the selection. These advanced workers in educational matters saw that if they erected suitable buildings and obtained the Government Grant and charged the parents fees, they could give a really good education. That was how some of these schools were started. Others were provided schools, in the ordinary sense of the term, whether Church of England, Roman Catholic, or belonging to the Free Church bodies. They were erected by people in the belief that they were really serving the best interests of national progress. In 1902 an agreement was arrived at between the Government and the managers of these schools. The agreement carried two points. In the first place, the managers of the schools granted the local education committee the use of their buildings for six days in the week, provided that they might have the use of them on the Sunday, and for such portions of the week when the education committee did not require them.

That was a real compromise and a real bargain. In addition to that, the managers of the schools were allowed to continue the fees, with the proviso that the local education committees were to take charge of those fees and, in consultation, were to divide the amount in such proportions as might be mutually agreed. If they would not come to an agreement, the matter was to be referred to the President of the Board of Education to decide what proportion they should have. This led to an amicable arrangement, under which the managers of these schools receive about half the money paid in the form of fees. The other half is spent in this way: The managers of the schools meet after they have collected the fees, and where permanent alterations to buildings are required they still fall to the lot of the managers. Out of those fees the managers keep their buildings in repair from the capital point of view, while the local education authority keep the buildings in repair so far as ordinary painting and cleaning are concerned. The providers of these unprovided schools did a great national service when they erected these buildings and then practically handed them over to the country, free of charge, for educational purposes.

I know that in the town I represent many of the inhabitants subscribed thousands of pounds in order to put up these schools for the children of that town, even before free education was considered, and they performed a national service.

Is it not the case that ever since the free Education Act they have been receiving thousands of pounds from the taxpayers in lieu of fees, as well as the fees from the scholars? Of course they have!

I was about to explain to the Committee what happens with regard to these fees. Out of the amount of money received in my Constituency—I can speak with absolute knowledge—they have spent since 1902 on keeping up the actual fabric of the buildings £11,000, and they have received £2,800 from the portion of the fees which the local education committee handed back to the managers of those schools. In view of that, in common fairness and justice, those fees should be continued. The consequential Amendment which stands in my name reads:

"In any school of the higher-grade type or in which fees have been charged of not less than threepence per week, fees may continue to be charged, and, if a non-provided school, the local authority shall repay to the managers such portion of the fees as may be necessary to cover the cost of the up-keep of the buildings and other expenses of maintenance which have hitherto been borne by them."
That answers the hon. Member for North Somerset (Mr. King) as to how the money that is going to be paid out of the fees to the managers is to be spent by them on these schools. The Amendment further reads:
"This arrangement shall continue as long as the schools are carried on to the satisfaction of His Majesty's inspector, and, in the event of any dispute, the decision of the Board of Education to be final. The local authority shall also have power to charge fees in any new school where they think fees will be for the educational benefit of the district, subject to the approval of the Board of Education."
I ask myself and the President why Clause 22 should be introduced at all? It is only going to make friction in the country. There is no object to be gained, except the questionable object of equality. Some of us do not believe that in matters of education we should all be reduced to one plain, straight line of uniformity. We believe that in variety, such as is found in these schools, you have a little local friendly competition in the matter and the manner of administering the Education Acts. It is a good thing that there is this slight variety, and it should continue. I know that the President has no desire whatever to raise again the religious question in this House or in connection with this Bill, but I want to tell him that this Clause does raise that question in this way: The managers of these unprovided schools are the men who, in the past, have stood for religious teaching in all schools, and they have a constant fear that, if we weaken the position of these unprovided schools and gradually wipe them out of existence, the bulwark against the idea of secular education, which was so prevalent and may come to the front again, will be removed. I put it to my right hon. Friend that the fair and generous usage of the unprovided schools should be continued, and I sincerely trust he will accept this Amendment with a view to doing what I call simple justice. In 1902 it was agreed between the Government and the managers of these schools that these various matters should continue. The right is admitted in the Bill by the right hon. Gentleman saying that the payment of the money shall be continued for five years. If these managers are entitled to their money for five years, they are entitled to it as long as the buildings are used for the purpose for which they were handed over. I cannot conceive, seeing that the right hon. Gentleman acknowledges the justice of the claim by providing in the Bill that the same money shall be paid for the next five years as was paid for the last five years, why that should not continue, and why this Clause should be introduced at all. The President admits the justice of the managers receiving their share of these fees for five years. Why is it not just to say that they should continue to receive the money for a still longer and an indefinite period? I trust that the President of the Committee will see that this Amendment is not a casual one, but that it goes to the root of a very important and strong national feeling with regard to the suppression of unprovided schools.

The question that has been raised by the hon. Member for Birkenhead (Mr. Bigland) is by no means a new one in our educational discussions in this House. As I understand him, he has put forward practically two proposals. One is that there should be some means of differentiating between the higher grade schools where no fees will be charged and the schools where fees will be charged, and that mainly, I understand, on social grounds. The feeling in favour of having schools where fees are charged is based almost entirely, in the various towns where the practice still exists, on the desire of some parents to have their children taught in schools which they regard as of rather better social class than others.

My hon. Friend (Mr. King) is no more justified in speaking for them than I am. I express it as my opinion and as a result of the experience I have had. Perhaps my hon. Friend will allow me to speak on behalf of a sphere of national activity with which I am just as closely connected as he is. I am only stating what is the fact. I do not say they are justified in their view. What I observe is that although that may be the view of large numbers of parents, and a view supported by some Members of this House, it is not the view now held by the Board of Education, for they have in their proposals definitely adopted a doctrine which has often been preached here in the past and been pretty generally though not unanimously supported, that it is better to get rid of fees altogether in this class of school. With opinion such as it is in the country, I cannot see that much is gained by a continuance of the old practice. The minority which is in favour of this differential treatment of their or other people's children is a comparatively small one, and although we must recognise it as a social fact, it cannot be justified on purely educational grounds. I think the Board of Education has been well advised in ignoring these social grounds, and on purely educational grounds deciding once and for all that they are against the continuance of the practice, even in the higher grade schools. For that reason, in the first place, I would support the proposal which is put forward by the Government, and oppose that put forward by the hon. Member (Mr. Bigland).

There is a second point, and here I think he was leading us on to most dangerous ground. He was quite frank about it that immediately you have raised the question of compensation for the absence of fees in schools which are denominational we get into the region of religious controversy. I appeal to the hon. Member, and those who support him, not to let us get a single hair's breadth into the religious region. The only possibility of our getting this Bill through with any degree of general support is that we should keep away from all religious controversy. This does not of necessity directly raise our old religious controversies, but anyone who has been in the House for any length of time and heard the discussions on other educational Bills knows that immediately you come to the question of compensation for fees to denominational schools you will have the right of the denominational school to exist as a separate entity at once challenged, I hold particularly strong views on that subject, but they are not as extreme as those held by some of my hon. Friends, and I was not unprepared to come to an arrangement on the subject. But if you do open the question, you have to remember that you will arouse a pretty strong controversy. It will be urged, as nearly all our religious controversies are, with a good deal of bitterness, and the only hope of the right hon. Gentleman getting his Bill rapidly through with the degree of general support which we all desire is that he should not be tempted on to any of this familiar ground of the past. I therefore suggest, although there may be a good deal to be said on the subject of differential schools, that to raise in any degree the second part of the discussion suggested by the hon. Member would take us into a sphere that we had much better avoid, and on that ground I appeal to him not to press his Amendment.

There is an Amendment standing in my name of a more comprehensive character than this, and I greatly prefer it, but in the meantime, in case the right hon. Gentleman should decline ultimately to accept my Amendment, I should like very strongly to support the Amendment of my hon. friend (Mr. Bigland). I do not think anyone who approaches this question can be insensible to the very strong appeal, which I believe will be endorsed in all parts of the House, which has just been made by the right hon. Gentleman (Mr. Runciman). None of us desires to introduce the bitterness of religious controversy into the Education Bill, which we hoped might be entirely free from any such considerations, but I am bound to ask who is responsible for the raising of that question, if unfortunately it be raised? What, in the name of fortune, induced the President of the Board of Education to insert this Clause, with the hope of avoiding the controversy which we all desire to avoid, I cannot imagine! We who object to the Clause cannot, therefore, take any iota of responsibility for any controversy which in this connection may be raised.

I foreshadowed on the Second Reading an intention to amend, and, if possible, omit, this Clause, and since then I have received an accumulating mass of testimony to what I can only describe as the dismay which has been excited in all parts of the country by the proposals contained in this Clause. I sometimes wonder whether the President of the Board of Education himself is aware of the extent to which this system of fee-paying schools, though their aggregate number is, I admit, not very large, permeates the provision of public education in this country. I differ a little from the hon. Member (Mr. Bigland). I think he underestimates very seriously their extent in other parts of the country. I have here a Return, for which the hon. Member (Mr. King) moved in 1914, of those fee-paying schools, and they do not at all bear out the description of their geographical distribution which has been suggested by the hon. Member (Mr. Bigland). There are altogether 430 of them, very widely distributed, and the total fees taken amount to about £66,500 a year, of which only a small proportion, about £14,000 a year, is returned by the local authorities to the managers. I am perfectly prepared to be told that those figures, both of the schools and of the fees, are, in relation To the statistics of public education, quite insignificant. They are by no means insignificant in certain localities. For example, here is a Midland town. In Kidderminster, out of nine schools no fewer than four are fee-paying.

There are nine free schools and four fee-paying schools. The hon. Member must explain my Return correctly.

Perhaps I may rely on the hon. Member for North Somerset to give the figures correctly later on. The point I was endeavouring to make is that the geographical distribution of these fee-paying schools is very much wider than that suggested by the Mover of the Amendment. What do you propose to do about these schools? You are proposing, as I understand the meaning of this twenty-second Clause, in these towns and counties—there are about 120 of them, I think—to prevent those parents who deliberately prefer to pay fees for their children from exercising what I regard as the elementary right of paying fees for the education of their children if they prefer to do so. I am totally at a loss to understand the reasons which have inspired the introduction of this Clause. Is it that you desire deliberately to upset—I cannot think it is—the compromise which was embodied in the Acts of 1870, 1891, and 1902, because the existence of these fee-paying schools is an essential part of the compromise embodied in that series of Education Acts? You are deliberately proposing by Clause 22 to reopen the basis of the compromise embodied in these Acts. Further, by the Amendment which has been put into the second or third edition of the Bill, you are proposing to hang up this matter for a period of five years. I quite understand the motive of that Amendment. I understand you desire to give a period of grace to these schools to arrange their affairs before they are finally extinguished. But there is an unfortunate side to that concession. You give notice that in five years' time these schools are to cease. Anyone who has any knowledge at all of human nature can foresee that in that period of five years you give a very ample opportunity for the reopening of the floodgates of controversy, which we all desire not to see reopened, but which we all desire to close.

First, I suggest then that you are disturbing the basis of the compromise, and, in the second place, I desire to point out that the fact of the existence of these fee-paying schools does not in any way interfere with the right of free education which has been established and which we all desire to extend by this Bill. That right of free education was procured by the Act of 1891. Any parent desiring free education for his children can claim it and obtain it as a right, and it is only a minority of parents who for one reason or another—not only for the reasons adumbrated by my right hon. Friend (Mr. Runciman), but for many other reasons very much more complex in some cases—prefer to pay and to make use of these fee-paying schools. May I remind the Committee that by the 14th Section of the Education Act of 1902 the local education authorities have full control over the fees charged in these non-provided schools? That is a point of very great importance which ought to be emphasised. Power is given to them to continue or discontinue such fees, and there is given to them under the same Section a limited power of dividing with the managers the fees so received. As a matter of fact, only a small proportion of fees are actually returned to the managers—about £14,000 out of £67,000. The amount which is so returned to the managers of non-provided schools is expended by them on the improvement of the premises and on equipment. All the money, therefore, which comes back to the managers is spent by them for the benefit of the children in their charge. That being so, I ask myself in whose interest is it that this change is proposed in Clause 22. Cui bono?

4.0 P.M.

Is it in the interests of the parents? They do not seem to think so. Parents, many of the best, most thoughtful and most considerate parents, feel themselves, and, in my opinion, rightly feel themselves, insulted by the proposal in this Bill, a proposal which I beg the Committee to observe is to prevent the parents from exercising a choice between free and fee-paying schools. I have received an enormous amount of testimony on this point. Some write to me to say that the fees are paid willingly. They are paid by that class of parent who can afford fees, such as foremen in works, small tradespeople, coachmen, gardeners, publicans, railway guards, and so on. Such parents welcome the fee-paying schools, because they know that their children will not have to associate with others whose homes are less satisfactory than they believe their own to be. These fee-paying schools are alwaysfull. In the majority of cases which are known to me the schools are not only full to overflowing, but there is in some cases a waiting list for admission to these popular schools that you propose to abolish. There are some districts, and here I am speaking of the South of England, where parents send their children a considerable distance by rail, bicycle, and so on, to obtain what they believe to be, rightly or wrongly, the benefits of these schools for which they are called upon to pay fees. I suggest, therefore, that it is not according to the wishes and it is not in deference to any claim of the parents that you are proposing this change. Are you proposing it in deference to the ratepayers? These non-provided fee-paying schools at the present time bring in a not inconsiderable revenue in relief of the rates. I think the hon. Member for Birkenhead told us that in Birkenhead alone since 1902 some £17,000 have been paid in relief of the rates. After that statement I think I need not pursue that point. Is this change desired by the local education authorities? If it were, they can adopt the change themselves. They need not come to this Bill for the power. The whole power is vested in the hands of the local education authorities. They can do what they please. It is for them to permit or to refuse the establishment or the maintenance of these fee-paying schools. They are entirely the masters of the situation, without any further legislation. And when they give permission let me remind the Committee they give it in deference to the very strong wishes of the parents. In Manchester, for example, the fees amount to something between £4,000 and £5,000 a year; in Liverpool the amount is £12,000 a year, and in Chester, a relatively small city, more than one-fifth of the whole of the children on the books are to be found in the higher grade schools of the city, and one-third of these, although in fee-paying schools, pay no fees. That is another point which should be borne in mind. In some cases a considerable portion of the accommodation in these fee-paying schools is by agreement with the local authority reserved for the free admission of children qualified by competitive examination to enter from other schools. So strongly do the local authorities realise the attractions of these fee-paying schools that I have heard of cases in which they have asked the permission of the Board of Education to charge fees themselves, in order to meet the competition of the fee-paying schools. If I had no other claim to urge on behalf of this Amendment it would be found in the parallel provision in the Education Bill for Scotland. I observe that in the seventh Clause of this Bill, Sub-section (a) of Section 1 runs as follows:
"A scheme for the adequate provision throughout the education area of the authority of all forms of primary, intermediate and secondary education in day schools without payment of fees, and if the authority thinks fit for the maintenance or support.…of a limited number of schools where fees are charged in some or all of the classes."
This includes, of course, secondary schools, but it is not confined to them. I suggest that you are legislating for England and Scotland on two different lines. You are proposing to prohibit these schools in five years' time in England, and you are going to permit their maintenance in Scotland. The right hon. Gentleman who spoke just now suggested that those of us who are moving on this Clause are not actuated by educational motives. I frankly admit that all fee-paying schools do not stand on precisely the same footing from the educational point of view. I quite agree with my hon. Friend who moved this Amendment that much the strongest case is that of the schools of the higher grade type, in which fees of 3d. per week or more have been charged. These higher grade schools are at this moment full to overflowing. The President perfectly well knows that, and it is ample proof, therefore, of their popularity. So far as I am aware the President of the Board, in the course of these Debates, has never said a single syllable to justify the Clause which he is now putting to the Committee. I think that that reticence on the part of the right hon. Gentleman is characteristic of the tact and skill with which he is piloting this Bill through the House of Commons. But the time for reticence has now gone by, and this Clause must be justified on its merits or it must be deleted, as I hope it may be. There may be something to be said from the point of view of administrative convenience and expediency. I do not for a moment deny that, but I cannot believe that that and that alone is the motive which has inspired the production of this Clause. What is the motive? Is it educational?

I intend my speech to be in support of the Amendment of the hon. Member for Birkenhead.

But the hon. Member is speaking about leaving out the Clause, whereas we are now on an Amendment. It is all right if we are not to have the speech twice over.

I can assure you the Committee will not have the speech twice over, but I thought it would, possibly save time if I now said all I have to say on the point. I was asking if the motive which underlies this Clause was an educational motive. If the President of the Board of Education will get up and say that, in his deliberate opinion, the sacrifice of these fee-paying schools is called for in the interests of educational efficiency, I will at once reconsider my own position in the matter. But I do not believe that he will do that. Then, if the motive be not educational, what is it? Is it anti-denominational? Is it a covert attack on the religious compromise? I hope not. The President has been most careful and most scrupulous to avoid raising, in any shape or form, this controversy, and by so doing he has earned the respect and gratitude of everyone who shares his own pure zeal for education. But I do not think he can expect those of us who believe as I believe, that in the end we cannot divorce religion from education, to take this Clause lying down. In its intentions it may have nothing to do with an attack on religious education, but I venture to submit that whatever the intention there can be no doubt whatever as to the result. After five years from the appointed day we shall have to surrender all the non-provided schools or forego those improvements and additions which are demanded, and rightly demanded, by the progressive claims of educational efficiency, or we shall have to reimpose the intolerable strain from which we were partially relieved by the Act of 1902. If the President of the Board of Education will repudiate the suggestion of motive, will he deny the effect? If the motive is neither anti-denominational nor educational, what is it? I can only attribute is, as previous speakers have done, to a desire for what I would venture to call pedantic uniformity—either that or a sort of inverted snobbery—a compulsory mechanical equality that no one shall be permitted to pay for education. How far are you going to carry that principle? Are you going to apply it to the rich? Or are you going to confine your prohibition to the poor, to the most honourable and self-sacrificing parents among the poorer classes? If that is the intention of the Clause, I venture to say it is class legislation of the most malignant type. It is not equality but sheer tyranny, and I for one will not be a party to its passing.

I hope the right hon. Gentleman will resist the appeal of the hon. Member who has just spoken. No one recognises more than I do the hon. Member's enthusiasm and sincerity for education, but I cannot help thinking he has been living in a rather secluded atmosphere, and has got out of touch with the general desire of the population in reference to education. I think myself that this Clause is essential to carry out the purposes of this Bill, which has for its object the establishment of a national system of education, and as long, as we have these isolated survivals of the old system of special schools cut off from the general national system, so long are we prevented having a really national system of education. In London in 1904, when the Education Act, so far as it affects London, came into force, the county council had to face this problem, and there was very strong feeling, just as there is in some areas at the present time, that these schools should be retained. There was a campaign amongst certain interests for retaining them. However, the London County Council, under the guidance, I think, of the Member for Derby, took up a strong line and determined to abolish fees, and that course was taken. There was considerable discontent at the time, but I think I am entitled to say after fourteen years' experience there is now general acceptance of the principle and that those who were loudest on the insistence of the dropping of fees are now generally agreed that on the whole they have been fairly met, and that the children who attend their schools are placed on an equality with those who go to the schools provided by the county council. Therefore, I think that the fears which have been expressed are groundless, and in practice it will be found not only to be popular but to the general interests of the school which will be affected by this Clause. The President has, indeed, made a very generous provision to ensure that these schools shall be let down lightly, and I think the hon. Member for Oxford City will agree that the financial considerations are not considerable. Although the schools may now give some relief to the ratepayers in most parts of the country, at any rate the relief is infinitesimal. The hon. Member mentioned the case of Liverpool, which he suggested was deriving £12,000 from this source; but obviously in a large area like Liverpool that is not a matter of very serious consideration.

These fees really are a survival of class divisions, and the hon. Member who last spoke in fact admitted that when he cited the cases of the publicans and railway foremen and other people who claim class superiority and prefer to keep themselves apart from their fellow workers. I know there are a certain number of black-coated working men who do not like to have their children associate with the children of the so-called working classes. What we want to build up is a national system which will appeal to all classes, bring people together, and make them realise that they belong to the same nation and have the same interests. To bring that about we want most of all to avoid the ideal of class war, and the notion that the interests of the various sections of the community are opposed. The Member for the City of Oxford spoke about hardship. He said that many of the parents want their children to go to these schools, but in many towns I have reason to know that the present system causes hardship. It is necessary often for the parents to send the younger children to the nearest school. The dangers involved in crossing the roads make that essential.

I can assure the hon. Member that wherever that happens they have the right to call for free places.

The question of distance is a very vexed one. We have the same problem in London. Even where there are schools the natural instinct of the parent is to send the child, even though it involves some cost, to the most adjacent school, so as to save the child from the danger of crossing the road. In practice it does compel parents to send children very often to a fee-paying school. The Member for Oxford City who stated that these schools were not confined to the North of England is perfectly right. They are scattered about various areas all over the country. That makes it much more objectionable. If you had one national system providing for all types of schools, on the one hand, schools of entirely free places, and, on the other hand, a certain number of schools requiring fees, that could be defended. But the very fact that this system does not work out uniformly all over the country, but depends on the accident of local elections, and whether there should happen to be such schools provided by some private benevolence or some church or institution, makes the system unsatisfactory. The working man finds that one area is provided with this sort of school, and that in the next area, 20 or 30 miles off, owing to the policy of the education authority, no such schools are allowed and fees are abolished. If you are going to have a new national system, the Board of Education must take a firm line, and insist that the same system shall apply throughout the country. It will not appeal to English Members to be told that because Scotland is reactionary in this respect, England must necessarily follow that example. I admit that in many things Scotland leads the way, but sometimes it is penny wise and pound foolish, and in reference to the retention of school fees, I am certain that its parsimony is mistaken. We need not look to Scotland in this matter. Let us rather look to the Colonies, and the Dominions beyond the seas, where they have gone in for what is, in America, called the common school, where all children go irrespective of class, with the result that you have there a true democratic feeling. You do not have that class consciousness which survives in this country, and which, if in some respects good, is certainly a harm to our education system. We want rather to apply the principle of the old grammar school, where all classes worked together, and you had the squire's son and the labourer's son getting the common benefit of the same education. I hope that the President of the Board of Education will resist not only the proposal to omit the Clause, but also this rather subtle Amendment, and keep the Clause as it stands in the Bill.

The Committee will have observed that this Clause is subjected to a cross-fire of criticism. On the one hand it is attacked, as going too far. On the other hand it is assailed as not going far enough. Some Members have urged that fees should be abolished in secondary schools. Others argue that they should be retained in elementary schools. The Bill follows a middle path. It retains fees in secondary schools, it abolishes fees in elementary schools, and it provides for free education in continuation schools. In other words, it takes this line: Where education is compulsory it should be given without charge to the parent, but where it is voluntary, where the parent has the option whether or not to send his child to a particular type of school, there the parent shall be at liberty to pay fees. But it is from no desire for mechanical uniformity that the Government has proposed this Clause. The consideration of the question of fees was forced upon us by two circumstances. In the first place, the Committee will have observed that in Clause 38 we are proposing the consolidation of the elementary school grant. This involves the abolition of the fee grant. The foe grant, which was established in 1891, is the instrument which enables the Board to put pressure upon a local education authority who may desire to charge exorbitant fees. It is to sanction from time to time the regulation of fees in those schools which continue to charge them, and consequently it follows that if you abolish the fee grant you are compelled to consider in what way you should deal with the fee question. It brings the fee question up as a necessary consequence. Then there is a second reason, that in the Bill we are proposing very greatly to improve higher elementary education. We are proposing to make higher elementary education and practical education in the higher elementary schools mandatory upon the authorities. In other words, we are proposing to ask the local education authority to make such provision for higher elementary education as is now generally made—not universally—in fee-paying schools, and generally regarded as a consideration in respect of which fees are charged.

I am not arguing the question. Those are, at any rate, two circumstances which appear to me to necessitate the consideration of the question of fees. As has already been pointed out, this question is a comparatively small one. There are at the present moment 437 elementary schools in the country, out of over 20,000, which continue to charge fees. It seems to be assumed that they are all denominational schools or schools of a particular denomination. That is not so. There is no denominational question involved. There are ninety-five council schools, thirty-one denominational schools, forty-one Wesleyan schools, one Congregational school, one Presbyterian school, fifteen Roman Catholic schools, and some 250 Church of England schools in which fees are paid. There, again, I think that the hon. Member for Birkenhead (Mr. Bigland) was under the impression that, in raising the question of fees in this way, we were tearing up a solemn treaty contracted in 1902. I admit that if you could satisfy me on this point, I should be the last person to desire to press this Clause. But what has happened since 1902? My hon. Friend the Member for Oxford City, who is so well versed in this question, knows very well that under the settlement of 1902 it was within the discretion of the local education authorities to require the surrender at any time of this power of charging fees. In pursuance of that power a very large number of schools which charged fees in 1902 have ceased to charge fees now. For instance, in 1902, 610,000 children were being educated in schools which were charging fees exceeding 10s. a year in 1891, whereas in 1913–14 that number had sunk to 128,000. This means, as the hon. Member has pointed out, that without legislation, and simply in pursuance and in execution of the powers confided to local education authorities by the Act of 1902, fee-paying schools are constantly being converted into non-fee-paying schools. My hon. Friend the Member for Oxford City seemed to assume that at the end of five years the Church of England schools—I think he was referring principally to them—which at present charge fees, would be extinguished as a result of the action of this Clause, but there is no precedent in the past and recent history of our schools for the extinction of fee-paying schools as a result of the action of the local education authority in withdrawing the power to charge fees.

I really think that my hon. Friend has exaggerated, if I may say so, the results likely to flow from the passing of this Clause. I merely mention these circumstances in order to clear the air of what may be called the denominational issue. I do not raise, and I do not think anyone wishes to raise, the denominational issue in connection with this Clause. In order to be perfectly frank with the Committee, I may say that I have taken into consideration this question without parti pris, and my instruction as to the drafting of the Clause was that it was to be drafted in a way which might preserve the fee in those schools where it could be proved that the charging of fees was attended by educational advantage. Closer inspection of the whole problem, however, modified my views, and I will give to the Committee, quite frankly, what the conclusions are at which I arrived. As the Committee probably are aware, there are three classes of schools which charge fees. There are, first of all, the schools which refused the fee grant in 1891. They stood outside. They are a very small number of schools, I think there are not sixty at the present moment; it is a small number, and is very rapidly diminishing, and it seems to me quite certain, with respect to this particular class of schools, that the Bill is only anticipating by a few years their extinction. Then we have a much more numerous class of school. Those are the schools which charged fees in excess of 10s. in 1891, and they were empowered to retain those excess fees after the Act passed. The fees charged in those schools have no educational justification, and they are merely the result of historical accident. I may inform the Member for the City of Oxford that I have carefully gone into this question, and the Board have never thought it fair to urge upon the managers of those schools that they should undertake any special teaching in consequence of the excess fees charged in 1891. Therefore, in regard to the 1891 schools, if I may so call them, there is no distinct educational justification for the fees charged.

We come to the third class of schools. Under Section 4 of the Elementary Education Act of 1891, it was provided under certain conditions relating to school accommodation, or educational benefit, that a fee might be charged in such schools provided that the ordinary fee did not exceed 6d. a week. Under this Section a considerable number of schools have in the past been allowed to charge fees, and in 1912 there were seventy such schools. When I began to consider this problem I felt that educational advantage should be the ground for such fees, and that if it could be proved clearly that educational advantage resulted from such fees, then there was a case for considering their retention. Fees are charged for two different reasons. In the first place, they are charged in certain schools that have a curriculum which is supposed to be superior to the curriculum provided in the ordinary elementary schools. I do not deny that in that class of schools there are several which have done excellent educational pioneer work in the higher grades. No one can deny that admirable service has been rendered by many schools in the district which the hon. Member for Birkenhead represents. In the second place, fees may be charged—I do not in any way deny their importance—in what are called the select schools. But when I began to balance the educational argument for the retention of fees, the case seemed to me to be thin—indeed, almost diaphanous.

I have myself called attention to several cases of an increase in these schools.

I am dealing with what we may call the strictly educational argument for retaining fee-paying schools. The real educational difficulty lies in the fact that if you have fee-paying schools they are supposed to be, and ought to be, higher grade schools, and the higher grade schools are the schools which provide a more advanced type of education than the type of education provided generally in schools. I put it to the Committee, Is it desirable that the higher type of elementary education should be confined to the children of those parents who can afford to pay the fees?

It is the opinion of the inspectors of the Board that the existence of fee-paying schools militates against the proper organisation of higher grade education in an area. In order to have higher grade education properly organised it is obvious that you want a system by which the cleverest children, irrespective of the means of their parents, may be given the advantage of that higher education. There is another difficulty. We find by experience that in these fee-paying schools education is very largely disorganised. The children attend the elementary schools until eleven or twelve years of age, and then the parents, in order to obtain some social advantage, pass the children on to the higher grade fee-paying school, with the result that we find it very difficult to organise. Further, the classification of children according to their abilities, which, after all, is a fundamental fact in school organsation, is made very much more difficult by the existence of fee-paying schools, for the reason that the children in those higher grade schools are there by virtue of the fact that their parents can afford to pay the fee, whereas in higher grade schools in a non-fee-paying area they are organised for children of a uniform level of ability, and consequently it is much more difficult to organise higher education.

Then, again, I think it is very difficult for the Board to make a demand upon the local education authority to provide higher elementary education and to continue to sanction the existence of fee-paying schools. The case for the fee-paying school was that it provided exceptional opportunities for higher education, and if it is found that those opportunities are not exceptional, then surely the special case for fee-paying schools becomes very greatly weakened? It is said that the fee-paying school should be retained as a select school. There is a good deal of force in the argument of those who say, "Why should not parents be allowed to send their children to schools where they are certain of being immune from dirt or from bad language, and where they are likely to be with children from respectable homes?" In the first place, let me observe that ever since the establishment of the school medical service in 1907 there have been enormous improvements in the cleanliness of our schools, and, in the second place, you are giving security for the children being kept in more respectable homes. I am assuming—though it is not always true—that the children from the cleaner and more respectable homes are from the homes of the better-to-do parents; but, assuming it to be true, surely, then, you are losing one of the more important levers for social improvement if you take the children of respect able parents and prevent those parents from using their influence to improve the conditions in the ordinary schools? I do feel that there is a very great deal of force in that argument, but if we were to accept the Amendment we should be carried very much further than the hon. Member who moved the Amendment imagined. If we were to accept it we should be practically saying to the managers of these fee-paying schools, who at present have no vested rights in their fees and who might have their fees taken away at any moment by the local education authorities, "We are giving you a vested right, a statutory right." That is a great advance on the Act of 1902. The Mover of the Amendment accused me of having torn up the Act of 1902, but he surely is tearing it up on his side. The truth is that the abolition of the fee grant and the consolidation of our elementary finance does necessitate a review of this question, and I believe that any impartial mind, without a desire to advance either this interest or that interest, but solely actuated by a zeal for the progress of education, surveying the facts with the information which can be supplied by the officers of the Board of Education, would come to the conclusion to which I have come. As I have said to the Committee, I started without parti pris, but I have come to the conclusion which I have indicated as the right course to pursue, and I hope I shall carry the consent of the Committee.

I cordially accept what was put forward by the right hon. Gentleman the Member for Dewsbury (Mr. Runciman) in deprecating the introduction of the denominational religious element in the discussion of this matter at all. I regret it was brought in, and I think the matter should be settled without the intrusion of any such question. I may also say that I most fully agree that the case put forward by the managers of non-provided schools is neither a very forcible nor a very important one. The financial question is a very small question in dealing with this discussion, and I have no wish to appear as the champion of certain non-provided schools which by some circumstance in the past have retained fees or a portion of fees. I do desire to look at it solely from the point of view of education and of the advantage of the children attending the schools. I have followed the arguments of the right hon. Gentleman the President of the Board of Education just now, adduced with his usual ability and forcefulness, but they have failed to persuade me, although my past experience enabled me to see how his mind was working in each step of his argument. He spoke of three classes of fee-paying schools—first, those who refused the fee grant in 1891; secondly, those who continued to charge an excess fee over the 10s. a year; and, thirdly, and they were the important class, the new fee-paying schools which were established because they were felt to be educationally useful. If they were not felt to be educationally useful, how could the Department over which the right hon. Gentleman presides permit them to be established? I think he will find if he looks into the matter that even since 1912 they have increased in number, and that does not look as if they were a useless or an unsuitable class of schools. It is these schools, and much more the social adaptation that they represent, to which I, from the educational point of view, attach importance. The right hon. Gentleman spoke of the danger that these schools might represent in having educational advantage over schools in which no fees are charged. If the Board of Education has permitted or sanctioned fee-paying schools on the ground that they favour education of a higher type than that which was open to schools where no fees were charged, I say that they acted wrongly in condoning the action of the local education authority. There ought to be, and there is, in fact, in my own country, no educational advantage attached to the payment of fees. The fee-paying schools ought to be just as good as the others. The hon. Member for Leicester (Mr. Ramsay Macdonald) was good enough to speak of my country and its reactionary tendencies as something which should be avoided as dangerous to England. I am not afraid of the reactionary tendencies of my country with regard to education, for more than once the Southern Saxon has taken some good examples from Scotland in the matter of education. We are not an anti-democratic country, and we are not likely to have to go to the hon. Member for Leicester to be taught the true doctrines of democracy. In the Scottish Education Bill, brought forward by the same Government—and surely the Government must be guided by certain broad general principles—these fee-paying schools are not only allowed but are expressly pointed out as one of the duties that may devolve upon the educational authority. They are to give maintenance and support "to a limited number of schools where fees are charged in some or all the classes."

Certainly. They are established by the local authorities themselves. I remember in 1889, when I had charge of the measure by which free education was set up in Scotland—it was one of those lessons which we have given to the South, and it anticipated the legislation in England—there was then a small band of people, extremely fond of abstract opinions and allowing no deviation from them, who insisted that when we established in 1889 the right of every child to free education we should at the same time abolish the right of paying fees where the parents chose to pay them. There was a considerable fight over it. My own opinion was perfectly clear, knowing Scotland as I did, that it met a need and a desire of the country. We held out against the disciples of an abstract opinion, and we permitted certain fee-paying schools. After two or three years the cry for the universal abolition of fees absolutely died out, and I am perfectly certain now that if you canvassed Scotland all over you would find no such desire as has been expressed by Members of the type of the hon. Member for Leicester. Democratic as Scotland is, she knows there are phases—I am not going to call them genteel or social or select, or anything of that sort—but there are phases and differences between the various grades in the same class of society, and if you wish your schools to correspond to these and to be really national, you must make your system agree with these phases and gradations.

5.0 P.M.

I remember in the year 1889 there was a very prominent leader of the Labour party in Glasgow who was a very remarkable man, and one of the pioneers of the Labour party. I remember him coming to me and saying, "You must keep up these fee-paying schools. Remember that we working men have just as clear divisions between the lower and the upper grades of our class as there is between the highest aristocracy and the lowest in the country. If you are going to make your schools suited to the population of Glasgow, you must have a few schools to which we parents who are ready to to make a small sacrifice in order to pay fees to keep our children amongst the class to which we belong can send them." This whole question of social education, of genteel education, and of selection, is really a desire to make your education suit the phases of the life of the country as it really is. What would be the result of abolishing fee-paying schools in extending your national system? Do you think you are going to force people at the point of the bayonet into these free schools whether they will or not? The hon. Member for Leicester spoke of the decision of the London County Council to abolish fees in all their schools, but what was the result? It was that an immense deal of the elementary education and of higher grade schools in London are outside the scope of the London County Council altogether, and are in the hands of endowed managers or other independent bodies which can charge fees. We have not got that in Scotland, and we do not want it. We wish to limit this independence of managers. We know quite well that if we drive out the type of schools presented by the fee-paying schools we shall only drive the children into other schools and segregate them much more from those who come under the general public system. It is far better to have a public system with two or three different grades of schools, all of which are wide and comprehensive in their scope, than to say, "We will have only in our public system one narrow, strict, absolutely defined type of school in which we absolutely prohibit the paying of fees, and if people cannot stand that they can go elsewhere." Is there not more danger of the segregation of classes by such a system than by allowing your national system to adapt itself to the various phases of society, and if there are a small number of people who are prepared to make a small sacrifice for what they, rightly or wrongly, at all events in the exercise of their parental discretion, consider to be an advantage, why do you prevent them from doing it? It is, therefore, not on denominational grounds, not on social grounds, not on financial grounds least of all—because I think the financial ground is a very small one—but it is on purely educational grounds that I am obliged to differ from the President of the Board of Education, and that, pursuing, as he does, a strictly educational argument, I am led to the opposite conclusion which he has expressed, and must vote accordingly.

I am glad to learn that the President of the Board of Education is not prepared to accept the Amendment, and I venture to express the hope that the Committee will accept the invitation of the right hon. Gentleman to view and discuss this question purely and exclusively from the standpoint of education. I listened to the address of the Mover of the Amendment, and also to the speech that was delivered in support by the hon. Member for Oxford City, and I respectfully suggest that, in the course of those two speeches, not a single argument was submitted to the Committee on educational grounds. The right hon. Gentleman the Member for Glasgow and Aberdeen Universities (Sir H. Craik) did say in his closing words that he approached this question from the standpoint of education, but I think that the arguments he used in the course of his speech were not educational, but that he at considerable pains laboured the suggestion as to the social conditions of fee-paying schools. The hon. Member took us back to the year 1889, and he referred to some gentleman whom he claimed as the leader of the Labour party in Scotland.

Or in Glasgow, and he told the Committee that his friend urged upon him the importance of keeping in mind that there were sections of the working classes who, because of social reasons, were anxious that their children should have the opportunity of attending a school that in the social sense would be just a little bit above the average of the rank and file of the children of the working classes. There are two comments I want to make upon that observation, and the first is to remind the right hon. Gentleman that, not only in Scotland, but in Britain as a whole, we have travelled quite a long way since the year 1889, and there are other Members in this House who will bear me out when I say that there does come a mandate from the organised workers in Scotland demanding from this House the right of a complete and an efficient system of free education. I venture to suggest to the right hon. Member—and I feel quite certain the President of the Board of Education has a knowledge of the fact—that, so far as Labour has expressed any opinion on this issue before the Committee this afternoon, it has spoken with absolute unanimity as to the desirability and the urgency of the abolition of that social dis-diction which, I think, has militated very much against education. If I may, I would just ask to be allowed to supplement one of the arguments of the President of the Board of Education, when he pointed out that, since the passing of the 1902 Education Act, by a natural process, the number of non-provided schools has diminished at, I think, a ratio of something like four-fifths or five-sixths, and that that process is still going on. I think I should be right in saying that but for this world War the number would be even much less than what they are to-day. Has that affected the standard of education in the districts or counties where that process of elimination of fee-paying schools has been going on? I think I am right in saying that in my native county of Durham that process has teen as pronounced as, or more pronounced than, in any county of England, and I would challenge the defenders of this fee-paying system, not only on social but on educational grounds, to question or dispute my statement when I say, speaking generally in Durham county, it is an admitted fact, even by those who are most jealous and sometimes hostile to the abolition of fee-paying schools, that the standard of education has been substantially raised as a result of that process of elimination that has gone on in Durham county, and did go on for seven, eight, or nine years after the passing of the 1902 Act.

There is one other fact that I think the Committee would be well to keep in mind in this connection, and that is that the physical conditions, the structural arrangements, in the provided as against the non-provided schools—not only elementary but higher elementary—is very much higher. I want to resent the suggestion that there is any volume of opinion amongst the working classes of this country for the continuation of the system of fee-paying schools. I would refer to one other point made by the President of the Board of Education which is very relevant, when he pointed out that the fee-paying schools in certain restricted areas were a real hindrance. I speak with some knowledge of this question, as I had the honour to be a member of the Durham Education Committee for some years, and occupied the position of vice-chairman of that important education committee for three or four years, and we had repeated instances in certain specific districts where, because of the existence of a fee-paying school of the higher elementary or secondary type, our desire to institute a provided, publicly-owned and controlled system of free education was very substantially hindered, and I have no doubt in my own mind that the policy which is expressed in the Bill is the wise policy, is essential to an efficient national system of education, and I sincerely hope that the Committee will strongly resist the Amendment that is now being considered.

No one who has listened to the Debate this afternoon can help realising that the matter brought forward in this Amendment does give rise to very sharp differences of opinion, and no speech to which we have listened this afternoon has been more emphatic than that just delivered by my hon. Friend the Member for Whitehaven (Mr. T. Richardson). But what occurred to me while listening to him was that if this strong feeling he began by asserting, on behalf of the working classes of Scotland, and subsequently for the wage earners of this country, does exist, and with the strength he asserts, then these schools, if they are allowed to continue, will die out of themselves, because if pupils do not go to them because parents are not willing to pay the fees, there will very shortly be none of these schools in existence.

I was very careful to point out that in my own county I knew more particularly that process had been going on, but I would observe that this Bill wants to give statutory right and power to the principles of fee-paying schools.

As I understand—and it is the ground on which I support this Amendment—this Bill is trying to interfere with facilities which at present exist, and it seems to me the onus is upon those who ask that facilities which do exist, and are serving useful purposes, should be removed. It has to be shown that there is some reason why those facilities should be taken away. The general assertion of the desire that they should be taken away may be one reason, but, if that desire does exist, presumably they will be taken away automatically, and, therefore, there is no good purpose in debating the subject with a certain amount of heat in this House. But the real point is that unless something is done, these facilities will continue to exist, and people will take advantage of them, and it is there I join issue with some members of the Committee, because I feel—and it is the ground on which I have opposed other Clauses in the Bill—that this is an attempt—an unjustifiable attempt in my opinion—to interfere with the liberty of parents in deciding what advantages their children shall enjoy if they are prepared to make sacrifices to give them those advantages. That, to my mind, is the plain issue.

I entirely agree with my right hon. Friend the Member for Glasgow and Aberdeen Universities that the financial question is not an important one. My right hon. Friend the President of the Board of Education tells us that when he considered this question, the first matter to which he paid attention was the financial question. He had a financial scheme, and because he could not fit, or found a difficulty in fitting, the continued existence of those schools into his financial scheme—well, it was not the financial scheme that had to be altered; it was the schools that had to go. I should have thought that if the choice had to be taken, the first thing was to see whether a financial scheme, which, after all, is only machinery, could not be modified to fit the circumstances. We could not take a financial scheme and build education upon it. It seems to me to be reversing the order. Therefore, I attach far less importance to that aspect of the speech of the President of the Board of Education than to those portions of it which related to education pure and simple, and I am glad to find that there has been, certainly this afternoon, and on other occasions, a consensus of desire on the part of this House to avoid all introduction of the religious question. With that I am entirely in agreement. I think that the arguments addressed to the House by the President of the Board were to some extent inconsistent. He admitted that at the present time the education given in these schools is, perhaps, of a somewhat superior type to the education which can be found in the ordinary non-fee-paying schools.

No; I did not admit that. The hon. Gentleman misunderstood me. I said that in a very limited number of schools, about seventy, it might be possible to say that the education was superior.

For the purposes of my argument it is sufficient that there is a substantial number. It is admitted that in a number of these schools the education is superior, and the right hon. Gentleman went on to express a very laudable desire to bring up the standard education in all these higher elementary schools to the standard of the best of these fee-paying schools. That is a very laudable desire, but I think it would be bound to have the effect that the standard of the fee-paying schools, if continued, would certainly be raised again. I do not know why anyone should object to the standard being continually raised, and if the standard of the less expensive school is to be spurred ahead by reason of the fact that a good standard exists for other schools so much the better. It is this constant desire to level everything, to go by rule of thumb, to cut to the same pattern, that I think is likely to exercise a most devastating influence on the future life of this country. We have attained such success as we enjoy by the development of initiative on a number of different lines, and the idea that everything is to be of the same character is not my idea of what it is we ought to try and establish in this country. I do not pay much attention to the social aspect of this question. I do not think we need inquire why parents wish their children to go to a particular school. If they do wish them to go to a particular school, and the educational standards of that school are sufficient to ensure that they will receive a proper education, I do not think we need inquire further in any class of the community. I hold that the parents should in these circumstances be entitled to give the advantages they desire to their children, and that if they are prepared to make the sacrifices which that course of conduct entails, it is a very praiseworthy attitude on their part, and one which, in the interests of the community, should be very much encouraged and certainly not discouraged. There was one argument of the President which I think was unworthy of him. He has told us already that the number of the fee-paying schools is, I think, 430, and that the number of the non-fee-paying schools is 10,000.

Twenty-one thousand. These schools do certainly represent a very small proportion of the whole. Surely he need not attach so much importance to the ewe lambs that go to these schools that he must have them in his own flocks, that with the object of getting everybody into the same fold and on the same level as the 21,000 he must lay violent hands on the pupils of the 430 and bring them all in! If he cannot give education in manners, refinement, and so

Division No. 58.]

AYES.

[5.21 p.m.

Banbury, Rt. Hon. Sir FrederickFletcher, John S.Newman, Sir Robert (Exeter)
Barlow, Sir Montague (Salford, South)Foster, Philip StaveleyPennefather, De Fonblanque
Barnston, Major HarryGanzoni, Francis J. C.Perkins, Walter Frank
Bathurst, Col. Hon. A. B. (Glouc, E.)Gardner, ErnestRawlinson, John Frederick Peal
Beach, William F. H.Gretton, JohnRoberts, Sir S. (Sheffield, Ecclesall)
Beckett, Hon. GervassHardy, Rt. Hon. Laurence (Ashford)Rutherford, Col. Sir J. (Darwen)
Benn, Sir Arthur S. (Plymouth)Harmood-Banner, Sir J. S.Watson, Hon. W. (Lanark, S.)
Burgoyne, Alan HughesHenderson, J. M. (Aberdeen, W.)Wheler, Major Granville C. H.
Carew, Charles R. S. (Tiverton)Hickman, Brig.-Gen. Thomas E.Williams, Col. Sir R. (Dorset, W.)
Cator, JohnHope, Lt.-Col. J. A. (Midlothian)Willoughby, Lieut.-Col, Hon. Claud
Cautley, Horary StrotherHunter, Maj. Sir Chas. Rodk.Wilson-Fox, Henry (Tamworth)
Cecil, Rt. Hon. Evelyn (Aston Manor)Jackson, Lt.-Col. Hon. F. S. (York)Wood, Sir John (Stalybridge)
Cheyne, Sir William W.Joynson-Hicks, WilliamYate, Col. Charles Edward
Cooper, Sir Richard AshmoleLarmor, Sir JosephYounger, Sir George
Craik, Rt. Hon. Sir HenryLloyd, George Butler (Shrewsbury)
Denniss, Edmund R. BartleyMagnus, Sir Philip

TELLERS FOR THE AYES.—Mr.

Du Pre, Maj. W. B.Mason, James F. (Windsor)Bigland and Mr. Marriott.
Fell, Sir ArthurMount, William Arthur

NOES.

Agnew, Sir GeorgeDavies, Timothy (Louth)Helme, Sir Norval Watson
Allen, Arthur A. (Dumbartonshire)Davies, Sir W. Howell (Bristol, S.)Henry, Sir Charles (Shropshire)
Arnold, SydneyDavies, M. Vaughan- (Cardigan)Hewart, Rt. Hon. Sir Gordon
Asquith, Rt. Hon. Herbert HenryDawes, James ArthurHibbert, Sir Henry
Baker, Rt. Hon. H. T. (Accrington)Denman, Hon. Richard DouglasHigham, John Sharp
Barran, Sir John N. (Hawick, B.)Dougherty, Rt. Hon. Sir James B.Hinds, John
Barran, Sir Rowland H. (Leeds, N.)Duncan, Sir J. Hastings (Otley)Hohler, Gerald Fitzroy
Beale, Sir William PhipsonEdge, Capt. WilliamHolmes, D. T.
Beauchamp, Sir EdwardEdwards, J. H. (Glam., Mid)Holt, Richard Durning
Bentinck, Lord HenryEssex, Sir Richard WalterHope, Harry (Bute)
Bethell, Sir John HenryFerens, Rt. Hon. Thomas RobinsonHope, James Fitzalan (Sheffield)
Bird, AlfredFisher, Rt. Hon. H. A. L. (Hallam)Hope, John Deans (Haddington)
Black, Sir Arthur W.Flannery, Sir J. FortescueHudson, Walter
Booth, Frederick HandelGibbs, Col. George AbrahamHughes, Spencer Leigh
Brunner, John F. L.Gilmour, Lt.-Col. JohnIllingworth, Rt. Hon. Albert H.
Bryce, John AnnanGlanville, Harold JamesJacobsen, Thomas Owen
Carr-Gomm, H. W.Goddard, Rt. Hon. Sir Daniel FordJohn, Edward Thomas
Chancellor. Henry GeorgeGoldstone, FrankJones, Henry Haydn (Merioneth)
Churchill, Rt. Hon. Winston S.Goulding, Rt. Hon. Sir Edward AlfredJones, J. Towyn (Carmarthen, E.)
Clough, WilliamGreenwood, Sir G. G. (Peterborough)Jones, Rt. Hon. Leif (Rushcliffe)
Collins, Sir Stephan (Lambeth)Greenwood, Sir Hamar (Sunderland)Jones, Wm. Kennedy (Hornsey)
Collins, Sir William (Derby)Greig, Colonel James WilliamJowett, Frederick William
Cory, James H. (Cardiff)Gulland, Rt. Hon. John WilliamKenyon, Barnet
Cowan, Sir William HenryHamilton, Rt. Hon. Lord C. J.King, Joseph
Craig, Col. Sir James (Down, E.)Hancock, John GeorgeKnight, Capt. Eric Ayshford
Crooks, Rt. Hon. WilliamHanson, Charles AugustinLambert, Richard (Cricklade)
Dalziel, Davison (Brixton)Harcourt, Robert V. (Montrose)Levy, Sir Maurice
Dalziel, Rt. Hon. Sir J. H. (Kirk'dy)Harris, Sir H. P. (Paddington, S.)Lewis, Rt. Hon. John Herbert
Davies, Ellis William (Elffon)Harris, Percy A. (Leicester, South)Lindsay, William Arthur

on in the schools in which he has a free hand to organise, he is not likely to get it by dragging into them, against the wishes of their parents, this comparatively small number of children who are scattered throughout the country. That is not an argument to which we should be asked to pay much attention, or to gain that problematical advantage by riding rough-shod over the liberties of these self-sacrificing parents. In these circumstances, if the Amendment is pressed, I shall feel bound to vote in favour of it. I shall do so as a protest against this continuous interference by the Board of Education with the legitimate rights of the parents of the children.

Question put, "That those words be there inserted."

The Committee divided: Ayes, 51; Noes, 157.

Lonsdale, James R.Price, Sir Robert J. (Norfolk, E.)Strauss, E. A. (Southwark, W.)
Macdonald, J. R. (Leicester)Pringle, William M. R.Taylor, Theodore C. (Radcliffe)
M'Kean, JohnPryce-Jones, Col. Sir E.Tennant, Rt. Hon. Harold John
Macleod, John M.Rea, Walter RussellThomas, Sir G. (Monmouth, S.)
Macmaster, DonaldRendall, AthelstanThorne, G. R. (Wolverhampton)
McMicking, Major GilbertRichardson, Albion (Peckham)Tickler, Thomas George
Mason, David M. (Coventry)Richardson, Arthur (Rotherham)Tootill, Robert
Mason, RobertRichardson, Thomas (Whitehaven)Toulmin, Sir George
Morgan, George HayRoberts, Charles H. (Lincoln)Turton, Edmund Russborough
Morison, Thomas B. (Inverness)Robinson, SidneyWalsh, Stephen (Lancashire, Ince)
Nicholson, Sir Chas. N. (Doncaster)Roch, Walter F.Wardle, George J.
Norman, Rt. Hon. Major Sir H.Rowlands, JamesWatt, Henry A.
Nuttall, HarryRowntree, ArnoldWhitehouse, John Howard
Ogden, FredRunciman, Rt. Hon. Walter (D'sbury)Whittaker, Rt. Hon. Sir Thomas P.
Orde-Powlett, Hon. W. G. A.Samuel, Rt. Hon. Sir Harry (N' wood)Williams, Thomas J. (Swansea)
Outhwalte, R. L.Samuel, Rt. Hon. H. L. (Cleveland)Williamson, Rt. Hon. Sir Archibald
Parker, James (Halifax)Sanders, Col. Robert ArthurWilson, W. T. (Westhoughton)
Partington, Hon. OswaldSherwell, Arthur JamesWinfrey, Sir R.
Pearce, Sir Robert (Leek)Smith, Albert (Clitheroe)Wing, Thomas Edward
Pease, Rt. Hon. H. P. (Darlington)Smith, Rt. Hon. Sir F. E. (Liverpool)Worthington-Evans, Major Sir L.
Peel, Major Hon. G. (Spalding)Spear, Sir John WardYoxall, Sir James Henry
Ponsonby, Arthur A. W. H.Spicer, Rt. Hon. Sir Albert
Pratt, John W.Stanton, Charles Butt

TELLERS FOR THE NOES—Lord

Price, C. E. (Edinburgh, Central)Stoker, R. B.Edmund Talbot and Capt. Guest.

I beg to move to leave out Sub-section (2).

We have had a very interesting discussion for just two hours now upon a reactionary proposal, which I am pleased to say was adequately defeated. I now ask the indulgence of the Committee for only two minutes while I put forward a progressive one, a practical, progressive, simple, and, I believe, thoroughly reasonable, proposal—namely, that we should strike out altogether Sub-section (2), which imposes a heavy charge upon the Exchequer, amounting to more than £300,000. The President of the Board of Education will save me the trouble of making a speech if he will intimate at once that he will accept my Amendment. He will not only save the time of the Committee, but he will save the taxpayers of this country more than £300,000. I know in these days, when we are spending with a light heart and a gay confidence £7,750,000 a day, an economy of £300,000 on education does not seem much to offer. But I think it is worth getting. Not only will he save this money if he adopts the course I suggest, but he will save an amount of administration, of statistics, and of calculations, because everybody who looks at this second Sub-section will see that after five years from the appointed day—it may be ten years or fewer, or even more years ahead—we have got to pay what is proposed. If you adopt my proposal, and leave out the whole of this Sub-section, you do away with the whole of these calculations, statistics, and all the administration connected therewith, and in addition to the saving of money I am sure it will be a saving to the offices concerned in paper and ink, and all the rest of it, of at least £20,000. That is, perhaps, a very little consideration in these days, but it is a consideration to me, and, I believe, to many others. My proposal is that these people who have been drawing large amounts of money from the school fees without any adequate educational return shall not be compensated.

I am unable to accept the Amendment proposed by the hon Gentleman the Member for North Somerset. Although it is perfectly true what he has said, yet it must not be forgotten that those concerned have been receiving a proportion of revenue with the consent of the local education authorities, and in accordance with the settlement reached in 1902. Therefore, it does not seem fair that the Board of Education should step in, and, while abolishing these schools, and depriving them of a source of income which they have enjoyed for a considerable number of years, should not offer some compensation. Time, too, should be allowed in order that they may adapt themselves to the altered conditions, and to make good their deficiency in revenue. For that reason I think it is only fair that some Clause providing for compensation should be retained.

The proposal of the hon. Member for North Somerset is one which, in my opinion, will be nothing short of robbery. I do not think the hon. Member realises that the public who subscribed money for this land and these buildings gave them to the nation on certain conditions, including the condition that they should have the use of the buildings during certain hours of the week, and that they were to be allowed to continue this right of charging fees. I say it would be national dishonesty if the Amendment were passed. I feel this matter very strongly. Men that I know personally have subscribed thousands and thousands of pounds, voluntarily to buy land on which to erect these buildings and to put up schools. There was a national settlement in 1902. I remember in that year the fierce controversy that arose as to whether these people would withdraw their buildings from public use altogether and devote them to other purposes. I can assure the hon. Member for North Somerset that in my town of Birkenhead we had then accommodation for 11,000 children in this kind of school. If these had been withdrawn it would have cost the Crown an enormous sum of money to buy other sites on which to erect other schools in place of these to which I refer. An enormous national asset came to the nation by agreement in 1902, and it would be nothing more than confiscation if this House now set it down that no compensation should be given and that this Clause should be wiped out of the Bill.

I should not like the appeal of the hon. Member who has just spoken to pass unobserved through the House. We may support the Government in their wrong-doing, because, I gather, this is not one of the principal features of the Bill, but it is a very different thing to say that we are convinced by the arguments. The hon. Member who has just sat down has charged the hon. Member for North Somerset with robbery. That hon. Gentleman does not propose to rob the public till.

Yes; robbery of the till from which the money is coming, which is the public purse. It is quite clear that this means grants of public money. The hon. Member for North Somerset does not propose that any friends of his should put their hands into the public purse. It is the hon. Member for Birkenhead that wants that. He wants money from the public Exchequer. Therefore, if there is any robbery in this, it is to devote public money to vested interests. If there were any Radical economy party left in this House, such as was here in our young days, this would have been fought to the death. There is no doubt about that! It is against all the principles that were adopted, not only by the Radical party, but even by some of the Conservatives a generation ago. You are actually going to take public money at a time like this when it is so badly needed for the War—and for afterwards, too! You are going in a time of scarcity to demand public funds to give to these people.

Take the matter of confiscation—confiscation of what? You cannot confiscate unless you confiscate property. These people have certain buildings. Who is going to take them or to sell them? We all know how these properties came into existence. The argument used in the constituency of the hon. Member for Birkenhead, and in our constituencies, too, was: put up one of these schools and so save the school board rate. The thing was done as a matter of business. I could give instances of township after township where words of this nature were addressed to owners of property, who were induced to attend meetings, and the appeal to property owners was, if they came forward and subscribed voluntarily, and put up one of these schools, they would avoid the council school system of national education "prepared to be thrust," as it was said, "on an unwilling district." At these meetings calculations were put before those present as to what they would have to pay under a rate; and limited firms, who did not care anything about denominational education—who cared for nothing but dividends—had calculations made by their secretaries for their boards of directors as to the amount of money they would pay under a rate, and whether or not it would be better and a saving to give a subscription to the proposed schools. One, therefore, accepts arguments in this matter with a good deal of hesitation. I am not for the moment speaking on the main question, but on the extraordinary reasons given to the House by the Government for their action in this matter. I understand the Minister for Education has made what he considers a promise in order to get over the difficulty. I wish he had found some other way. I do not think he can justify compensation in this case out of public funds. I should have, thought it was a case for private subscription. A good many would be prepared to contribute. At any rate, if there are many people, as suggested in the speeches on the last proposed Amendment, or if there is anything in the case presented for it. There are not only rich people who have avoided the rates all these years by keeping education back, but there is the better class of poor people who are dying to pay so much per week school fees. If the Government think that the way they suggest is the best way out of the difficulty, I suppose we shall have to agree, but I could have wished some other means had been found, for this may easily lead to other and greater dangers.

I do not think the last speech should be allowed to pass unnoticed. The hon. Member for Pontefract has attacked my hon. Friend opposite (Mr. Bigland). Does the hon. Member realise what he says? What are the facts? Take a school put up—rightly or wrongly—in 1902.

Take any time or date you like. I will not press that point. A school is put up. I do not for the moment bother about the motives. The sanction of the Government is obtained under terms that if the school provides an education which satisfies the Government they will allow fees or pence to be taken from the children. That is a business transaction. The hon. Gentleman who has just sat down would be one of the first to appreciate the importation of a business transaction. Now the suggestion is to break that agreement, and so injuriously affect the people who put up this school. What is the answer to that? It is suggested that there are those who will be eager to subscribe, working-class people as well as others. For what? The school will no longer be able to carry on on the basis of a fee-paying school. What is to become of the school? It has either to go on or to be taken entirely over by the local education authority, or else be shut up. In those circumstances some sort of compensation should be granted. The hon. Member opposite says there is nothing wrong in breaking a contract for compensation.

It is perfectly obvious that the contract was made with the Government sanction, and it provided that if those concerned make provision for certain education they would be allowed to charge fees. That is in existence under Statute. Of course, it is open now to the Government under this Bill, if they like, to seize these schools on terms by an extraordinary compensation Clause to which we will come later. I do not think it will be adequate compensation to the owner of the bricks and the mortar. But the hon. Gentleman opposite, I think, should consider those who are anxious to support these schools, and so long as they give the kind of education which has been arranged that they should receive what they have been promised by the Government. Of course, I am not going to apply the term "robber" to the hon. Member for North Somerset, and I will not use any word of that kind.

I propose to say a few words to the Committee upon this Amendment. The last Amendment took two hours, and was of a most reactionary character, and this has only taken ten minutes, and it is of a most progressive character. The claim I put forward that my Amendment is going to save a great deal of public money has not been denied. The hon. Member for Birkenhead says that by this proposal I shall be robbing him and his friends. I think this is about the first time that private interests, including those of the hon. Member opposite, have been put forward in the form of a claim that they should receive such generous and free gifts from the public purse. I wish to call attention to the facts as they obtain in the constituency represented by the hon. Member for Birkenhead. In Birkenhead you have the voluntary schools charging fees, and they are in such a condition of entrenched privilege as you do not find in any other constituency.

Hon. Members will recollect a series of questions which I put shortly before we went to war, and they will remember that I very much upset the people of Birkenhead, because I drew from the Board of Education the fact that these schools, which were receiving large sums in fees from the children, had been condemned as insanitary and inefficient and without playgrounds for years past, although these voluntary school managers had been receiving £1,000 a year from the school pence out of £2,190, the other larger part going to the local education authority. These schools, although they were getting £1,000 a year and more for something like twenty years, were still condemned as insanitary. In the first days of the War these schools had to be commandeered in Birkenhead, and when the military authorities went into these fee-paying schools, which the hon. Member for Birkenhead stands up here and represents as wonderfully superior schools, they said we would sooner put our soldiers into a pigsty." When the hon. Member for Birkenhead gets up here and wastes the time of the Committee, pleading that he ought to be compensated and that his constituency and his friends should be compensated, and I stand up for the integrity of public life and protecting the public purse from such unjust rates, I leave the Committee to judge where the justice is. I am not sorry that I intervened, and although I stand alone, I shall stand for the purity of public life, and I protest against these constant raids on the public purse.

Amendment negatived.

I beg to move, in Subsection (2), to leave out the word "five" ["During a period of five years from the appointed day"], and to insert instead thereof the word "three."

I move this Amendment in order to get a pledge from the President of the Board of Education, and if the right hon. Gentleman would say that he is going to stand fast by the free education Clause, I will not move any more Amendments on this Clause. If he is not willing to give me that pledge, then we shall have to have some more discussion.

I cannot accept this Amendment, and I believe what we have done represents a very fair arrangement.

I only move my Amendment in order to get a pledge, but, that pledge has been refused.

The attitude taken up by the President has given rise to a good deal of friction. He has allowed a reactionary Debate, and we want to know whether he is going to keep these things in the Bill as they are. I ask him if he is going to keep this Clause in at all costs. As a democrat I consider that this is one of the best Clauses in the Bill. I know there is going to be great force brought against it, and unless he is going to give us a pledge to keep this Clause in, I shall have to move my Amendments.

I wish to enter a protest against the form of Parliamentary threat adopted by the hon. Member for North Somerset. We can only decide a particular thing, and is it fair to ask the Government to pledge themselves that, whatever happens on the Report stage, they will not listen to the arguments? Further, if in another place an alteration is made, are we to expect the Government to pledge themselves not to entertain such alteration, and to keep in a particular Clause? The hon. Member for North Somerset says that he stands alone in speaking for the purity and integrity of the House of Commons. I am sure that he is as anxious as I am that the Debate here should be real and genuine, and, therefore, it is unfair to suggest that the Government should give a pledge of this kind, in spite of what may happen on the Report stage in another place.

I always thought that the supporters of democracy believed in the people having a full opportunity of discussing things. Now we have just had an object lesson in what the hon. Member for North Somerset desires. What ha wants is that this particular view should be taken, and unless his view is taken he threatens the Government with more discussion. That is not my definition of freedom or liberty of speech in this House.

Amendment negatived.

Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."

I think a protest must be made against this proposal being added to the Bill. I listened to the Debate with great attention. At first I approached the question with an unprejudiced mind, but the more I have heard the more I am obliged to part company with my right hon. Friend the President of the Board of Education. I have strong views that this is a retrograde step. The hon. Member for North Somerset seems to think that he alone represents the views of a large majority of the public. I do not view this as a matter raising largely he denominational question, and I do not speak from that point of view. I did not anticipate that that subject would be raised, but I have other objections which I should like to state to the House.

In the first instance, I do feel strongly that where parents who have clean and tidy homes and respectable children find themselves forced to send those children among dirty children—and such cases have occurred and are likely to occur—I say that in such cases the parents ought to be allowed to remove their children and send them to a fee-paying school if they desire. That is not asking for very much. We all agitate for improvements in the conditions of public health, and some Members ask for a Ministry of Public Health. We desire to make the habits of the population more cleanly, and are we going to object to the parents who desire to remove their children from dirty to more healthy sorroundings? Although this Clause does not affect more than 437 schools, if the number is so small as that, why not leave those schools alone and allow the parents this privilege? There might be a school the children in which are notoriously addicted to bad language. I can fancy myself in the position of desiring to take away a child if I thought it was attending a school where the children were constantly using bad language. I do net see why I should not be allowed to remove my child to a fee-paying school, and, if there was such a school in the district, why should I not be allowed to make use of it? These are strong reasons for maintaining the opposite course to what my right hon. Friend has adopted.

6.0 P.M.

We hear a good deal about public economy. I have long taken an interest in national economy in this House, and I do think in small matters as in great we ought not to lose sight of that aspect of the question. In the educational world I was five years a member of the London School Board, and I know that some people are inclined to run away with the idea that other people are fanatics, and one has to be a little careful in one's keenness for education. In a matter of this kind, surely it is somewhat gratuitous to abolish all fees at the expense of the national taxpayer. Some parents not only can afford to pay the fees, but they are desirous of doing so. After all, local authorities can do as they like in the matter already. They are popularly elected bodies. Why should we contest their authority? Why should we contest their action in any particular district with which they are familiar? If they have found, or if they should find, it desirable to maintain certain fee-paying schools, the presumption is that there is a popular demand for those schools, and I do not see why they should not be granted. I am not condemning the whole system of free education. I want to make it perfectly plain that I am supporting this Bill as a whole keenly because I desire to improve education for all classes alike and not for one section only, but in every locality there are plenty of free schools, so that the continuance of a certain number of fee-paying schools is really a hardship upon no one, and the money paid by willing parents is some relief to the public purse. Why should not that be done? It is going to be done under the Scottish Education Bill, and, as has been so eloquently and forcibly pointed out, I do not see why the whole of Great Britain should not take the same line in this matter. I have always welcomed the elasticity in our educational system. I think that is one of the reasons why in so many admirable respects and in so many directions it has succeeded so well, and why you should abolish so many of the fee-paying schools and destroy that elasticity is to me a matter which I cannot altogether understand. I believe those fee-paying schools have set a high level for education. They have enabled children to go to cleanly and healthy surroundings to which, perhaps, otherwise it would not have been possible for their parents to send them. Parents have been able to withdraw their children from a school, perhaps in a certain very restricted locality, where bad language and bad habits go on, and to put them into a better school, and consequently give them a better education, to the benefit of the nation at large. I cannot refrain from making this protest at this stage against the passing of this Clause, and I feel that I have done my duty in putting it forward. After the recent Division I do not, propose again to divide the House.

I wish to make my position clear. It does not seem to me either unreasonable or difficult to understand it. I want to see free education carried through as it was really intended to be carried through when the Free Education Bill was brought in by Mr. Chamberlain and the Conservatives in 1891. The few exceptions which were then made were supposed to be temporary, and were only put into the Bill as an afterthought in response to strong denominational interests at the time. That is the pure fact of the matter. They have existed now for thirty years. In some cases those fee have been actually increased. We are now going to abolish them. If there were a Labour party in every local education area where they exist, they would be abolished without any compensation before this Bill came into operation. By the time that this, Bill comes into force there may have been new municipal elections throughout the country, and there may have been a wave of democratic and Liberal policy. We may find that in every area these schools have already been abolished by a single resolution of the local education authority. I should like to see that, and I think it may likely occur in a great many cases. Will the right hon. Gentleman, therefore, tell us that this is an essential part of the Bill? There are some essential parts of the Bill, and this is and ought to be considered one of them. If other parts have to be thrown overboard or have to be negotiated away, this Clause ought not to be. I would like to call the attention of the Committee to the fact that in 1916 we passed the Elementary Education (Fee Grant) Act. We have therefore interfered by legislation during the War with the basis on which these fees are granted, and we are not now dealing with an old settled matter which has never been touched for many years. We have altered the basis in one particular matter. I remember speaking at the time. I believe I was the only Member of the House outside the Treasury Bench who spoke on the Bill, and I pointed out in July, 1916, that this old settlement about fees in schools had broken down during the course of the War owing to the changed conditions. That being so, it is absurd to talk about unsettling an old policy. It was broken and unsettled two years ago without any protest from anyone. I therefore earnestly hope that the Committee will not only pass this Clause, but that on any future occasion when discussions come up they will regard it as an essential part of the Bill that is not to be weakened and that must stand.

A wrong impression has been given to the Committee about the Scottish Education Bill. I am not going to follow my hon. Friend in his arguments about the preservation of these schools, because I think they were wholly destroyed by the admirable argument of the President of the Board of Education that it is far better that there should be the pressure of the parents of children whose homes are clean and tidy to bring the whole of the schools up to the best standard. We have always had our separate conditions of education in Scotland, but in explaining how the schools in which fees are paid are dealt with under Clause 7 of the Scottish Bill the hon. Member for Glasgow and Aberdeen Universities (Sir H. Craik) was not quite fair. If the Committee will follow that Clause they will see what it does, and that it is quite different from the impression created by the hon. Member:

"It shall be the duty of every local education authority within twelve months after the appointed day to prepare and submit for the approval of the Department—"
That is, the Scottish Education Department. This, as far as I have read it, lays it down as a primary and overriding obligation upon the local authority to prepare and submit
"a scheme for the adequate provision throughout the education area of the authority of all forms of primary, intermediate, and secondary education in day schools without the payment of fees—"

Not in this form. I am going on to give the rest of the Clause, and I am going to be perfectly frank. It is made a primary, overriding, and statutory obligation upon every education authority in Scotland to provide an absolutely free system from top to bottom. That is supported by another Clause in the Bill which even gives the education authority power to pay for the maintenance and subsistence of pupils attending the secondary schools—

"and if the authority—"
this is the only point that can be made—
"Think fit for the maintenance or support (in addition and without prejudice to such adequate provision as aforesaid) of a limited number of schools where fees are paid charged in some or all of the classes."
If I may take the legal view of it, it is a primary obligation to provide a free system from top to bottom. There happen to be some schools in Scotland where fees are paid, and if the local education authority, after having fully discharged their statutory duty, think that it is advisable to maintain fees in certain schools, well and good they can do it. It is left entirely to the local authority, but if the local authority refuses or declines to fulfil their major obligation, not a penny can go to the fee schools at all. That is the position under the Bill. I am aware that the Bill has still to go through the Committee upstairs, but I do not suppose that anyone will attack it upon that point. We are not behind England in education ideas; as a matter of fact, we are giving England a lead, and it is not fair to us in Scotland to cite a Bill of this sort, which does impose this major and overriding obligation, as if it were a reactionary measure.

May I say, in answer to my hon. and gallant Friend, that I have never heard any speech in more complete justification of the attitude taken up by myself and my Friends? We ask that there should be a complete and general system of free education, and that the local education authority, where it thinks proper, should have a limited number of schools where fees are paid in answer to the popular demand. That is exactly what is provided in the Scottish Bill, that is what the hon. Member has been defending, and that is what we ask.

I thank the hon. and gallant Member for explaining that point with regard to the Scottish Bill. I was certainly under a total misapprehension, and he has shown that the Committee have a right to complain that the English and Scottish Bills are entirely different on this point. I am not prepared to say that this is an advance on the Scottish Bill, but the Government for their own convenience have brought the English Bill down here and have sent the Scottish Bill upstairs. We ought to have before us both these Bills, which on many of the main points are rather contradictory. They are contradictory on this particular Clause, but whether the Amendment which has just been disposed of brought this Bill nearer, or took it further away from the Scottish system, is a matter for argument. We have, however, a right to complain that the Government should bring in two Education Bills at the same time and should not have the courage to bring them both on the floor of the House. I warn the Government that if they have the courage to bring in two absolutely contradictory Bills on many vital points, they must be prepared to have discussions from time to time on the differences in those Bills.

Question put, and agreed to.

Clause 23 (Voluntary Inspection of Schools) ordered to stand part of the Bill.

Clause 24—(Collection Of Information Respecting Schools)

(1) In order that full information may be available as to the provision for education and the use made of such provision in England and Wales—

  • (a) It shall be the duty of the responsible person as hereinafter defined in respect of every school or educational institution not in receipt of Grants from the Board of Education to furnish to the Board of Education in a form prescribed by the Board—
  • (i) in the case of a school or educational institution existing at the appointed day, within three months of that day;
  • (ii) in the case of a school or educational institution opened after the appointed day, within three months of the opening thereof;
  • the name and address of the school or institution and a short description of the school or institution
  • (b) It shall be the duty of every such responsible person when required by the Board of Education to furnish to the Board such further particulars with respect to the school or institution as may be prescribed by Regulations made by the Board:
  • Provided that the Board may exempt from both or either of the above obligations any schools or educational institutions with respect to which the necessary information is already in the possession of the Board or is otherwise available.

    (2) If the responsible person fails to furnish any information required by this Section, he shall be liable on summary conviction to a penalty not exceeding ten pounds, and to a penalty not exceeding five pounds for every, day on which the failure continues after conviction therefor.

    (3) For the purpose of this Section "the responsible person" means the secretary or person performing the duty of secretary to the governing body of the school or institution, or if there is no governing body the headmaster or person responsible for the management of the school or institution.

    (4) Any Regulations made by the Board of Education under this Section with respect to the particulars to be furnished shall be laid before Parliament as soon as may be after they are made.

    I beg to move, in Subsection (1, b), after the word "particulars" ["furnish to the Board such further particulars"], to insert the words "relating to educational matters."

    The President will recognise that this is an Amendment of an entirely reasonable character. It restricts the right of the Board of Education, in interrogating the responsible heads of non-provided schools, to matters which have to do with education only. It is quite conceivable that these interrogations may be extended by one so minded to inquiries as to endowments, trustees, and so forth, and vexatious correspondence might ensue which would be of no advantage and would lead nowhere. This is only a reasonable protection to be extended in the circumstances. I should be very glad if the President will say whether he would be willing to publish a form of inquiry which could be laid before this House, which could be criticised and which would give sufficient protection to the managers and those responsible for non-provided schools.

    I quite understand the anxiety of my hon. Friend that voluntary institutions should be protected from inquisitorial demands or unreasonable requests for information, but I think that this protection is provided in the Clause itself. If the hon. Member will look at Sub-section (4) he will see it states—

    "Any Regulations made by the Board of Education under this Section with respect to the particulars to be furnished shall be laid before Parliament as soon as may be after they are made."
    The effect of these words is to incorporate the Rules Publication Act. I would observe that the Regulations must, in the first place, be published in draft, and an opportunity afforded to all persons interested to offer objections or representations. This will ensure full investigation of the question and, if the Board has made extravagant demands for information, means will be found for discussing the matter in Parliament. I hope that will satisfy my hon. Friend?

    Amendment negatived.

    I beg to move, at the end of Sub-section (1), to add the words,

    "Provided also that in the case of institutions certified by the Board of Control under the Mental Deficiency Act such information and particulars shall be furnished by the Board of Control."
    We shall all be in thorough agreement with the object of this Clause. Certainly the Board of Education are entitled to ascertain what places there are in England and Wales which are carrying on the work of education, and what kind of education is therein given. The object of this Amendment is not to prevent that in any way, but, as the Government has introduced the following provision—
    "Provided that the Board may exempt from both or either of the above obligations any schools or educational institutions in respect to which the necessary information is already in the possession of the Board or is otherwise available"—
    I would ask that there should be a clear understanding with regard to those institutions which are under the Board of Control. There are such charitable institutions as, for instance, the Royal Albert Institution at Lancaster, which is doing great work on behalf of the six northern counties. While we in that institution are desirous of adapting its educational processes to the wishes of the Board of Education, an arrangement has already been come to with the Board of Control and the Board of Education that such work shall be done through the Board of Control. As that arrangement has already been completed, the Committee will agree that it is not an improper request to urge that the Board of Control should be the authority through which the inquiry is made. In asking for the insertion of these words I am not taking the risk of opening the question to wider issues. It might be suggested that other boards, such as the Board of Agriculture, might come in, but I would point out that where a Statute limits the object prescribed within its terms, there is no need whatever, when a Bill is passed, to fear that other institutions might be affected by it.

    I would submit to my hon. Friend and the Committee that the Amendment is unnecessary. I do not take the same view of the agreement referred to by my hon. Friend in regard to this particular matter. The Board of Control themselves have not expressed any desire that this Amendment should be passed. I can assure my hon. Friend that the Board of Education will consult the Board of Control as to the method by which the information desired under this Clause with regard to educational matters shall be obtained.

    The Amendment was not put down at the request of the Board of Control in any way. As the Government are unwilling to accept the suggestion I have offered, I ask leave to withdraw the Amendment.

    Amendment, by leave, withdrawn.

    Clause ordered to stand part of the Bill.

    Clause 25—(Provisions With Respect To Appointment Of Certain Classes Of Teachers)

    (1) Notwithstanding anything in the Education Act, 1902, the appointment of all teachers of secular subjects not attached to the staff of any particular public elementary school, and teachers appointed for the purpose of giving practical instruction, pupil teachers and student teachers, shall be made by the local education authority, and it is hereby declared that the local education authority have power to direct the managers of any public elementary schools not provided by them to make arrangements for the admission of any such teachers to the schools.

    (2) The provisions of Sub-section (3) of Section seven of the Education Act, 1902, shall apply to any question which arises under this Section between the local education authority and the managers of a school.

    The first Amendment, standing in the name of the hon. Member for West Bradford (Mr. Jowett)—[in Subsection (1), after the word "all," to insert the words "caretakers and assistants and all"]—is not within the scope of this Clause. The second Amendment, in the name of the hon. Member for North Somerset (Mr. King)—to leave out the word "not" in Sub-section (1)—["not attached to the staff"]—would amount to a large Amendment of the Act of 1902 relating to the appointment of all teachers by the local education authority. I do not say that it is out of order in the Bill, but it should be brought up as a separate Clause.

    I beg to move, in Subsection (1), to leave out the words "pupil teachers and student teachers."

    This is a very serious matter. It involves the question whether the agreement of 1902 is being observed in this Bill. The question of pupil teachers and student teachers being exempted from the Clause is considered a very important matter indeed by those who have the responsibility for a large number of non-provided schools. I know that this matter has been laid before their experts, who have expressed themselves as very strongly of the opinion that unless the words "pupil teachers and student teachers" are cut out of the Clause it would be an infringement of the settlement of 1902. I know that the President of the Board of Education is most anxious to do all he can to meet any fair and reasonable representations from those responsible for the voluntary schools. I had a conversation with him on the whole subject some months ago, in which he gave me very satisfactory assurances. I trust he will consider that if I am not one of those who have approached him on this subject, yet I speak with full responsibility when I say that those in charge of voluntary schools in this country are very much exercised upon this point. They feel very strongly that it would be inimical to the interests of those schools if these words were retained in the Clause. I therefore trust that he will give this matter his careful consideration, and, if possible, meet those whom I represent in regard to it. I would not urge this point so strongly unless I felt that the results would be very serious. I hope that he will give me some encouragement, and that the representations I have made will not fail of their effect.

    The reason why the Bill proposes that pupil teachers and student teachers should be appointed by local education authorities is not that the authorities are anxious to extend their control over voluntary schools or that the Bill desires to alter the denominational system. But, in view of the dearth of teachers, it is of the first importance that there should be no obstacle to the adequate training of those who intend to adopt the teaching profession. Pupil teachers and student teachers receive elementary school, and it is essential that elementary school, and it is essential that the local education authority should be able to put them into the school which is most fitted to receive them. The present law upon the subject is that, in cases where there are more candidates for the post of pupil teachers than there are places to be filled, the appointment is to be made by the local education authority. The Clause therefore introduces only a very slight change. As things are at present, local education authorities are constantly, in virtue of the provisions of the existing law, sending pupil teachers and student teachers into voluntary schools, and it is generally regarded as a great compliment by the school that the school should be selected as being a school in which student teachers and pupil teachers may receive an admirable training in the principles and methods of their art. I think I am right in saying that in no single case has a local education authority used its power to introduce a Protestant student teacher or pupil teacher into a Catholic school, or, vice versa, to introduce a Catholic pupil teacher or student teacher into a Protestant school. The discretion which the local education authorities have shown hitherto in that respect will, I believe, be extended in the future. My hon. Friend said that this Clause was giving considerable alarm to the supporters of voluntary schools. All that I can say is that I have received no representations upon the subject from the representatives of Church of England schools. It is generally felt that it is very desirable that good schools should be open to student teachers and pupil teachers, so that our intending teachers should receive the best possible opportunities for development in education which are open to them. I may add that it very seldom happens that the manager of a voluntary school is so unreasonable as to resist the local education authority which desires to send a pupil teacher or student teacher into the school. Such cases are rare, but when they do occur they are sometimes unreasonable and extremely unjust to the pupil teacher or student teacher, who is thereby deprived of his best chance of receiving instruction in the art of teaching. I therefore feel, although I am very anxious to preserve with every possible respect the existing settlement, that it is in the interests of education that these words should be retained in the Clause.

    Would the right hon. Gentleman be willing to consider some words on the Report stage which would perhaps introduce the safeguards that we desire?

    Before giving a pledge I should like to know what safeguards the hon. Member proposes.

    Amendment negatived.

    The next Amendment—at the end, to add the words,

    "In making arrangements with respect to the appointment of teachers the local education authority shall not make or authorise any diffentiation as regards salary on the ground of sex"—
    is out of place on this Clause, which does not deal with salaries of teachers at all.

    As there is a very great deal of interest in the matter, may I ask you, Sir, whether it will be better to put it down as a new Clause?

    I take it the hon. Member's purpose is to try to make statutory a matter which can now be dealt with by Regulation. If that is so, it should be brought up in the form of a new Clause.

    Motion made, and Question proposed, "That the Clause stand part of the Bill."

    Can the right hon. Gentleman state in what respects this Clause alters the Education Act of 1902 other than with regard to pupil teachers and students entering into elementary schools? The Clause begins, "Notwithstanding anything in the Education Act," and then follow a number of things which may be done.

    I think it is a little uncertain whether, in accordance with the terms of the Education Act of 1902, the managers of a voluntary school could be compelled—I do not think they could be compelled—to accept a teacher of cookery, let us say, or dairy work, or housecraft, or a peripatetic teacher of physical exercises not regularly attached to the staff. I think the Act of 1902, when it deals with teachers, contemplates permanent members of the staff. But the recent development in practical education has produced a body of teachers who are only part-time teachers, sometimes for only an hour a week, and it is very desirable that local education authorities should have power to compel school managers to receive such teachers.

    Would the right hon. Gentleman allow me to ask how far he proposes to proceed this afternoon and whether he intends to take new Clauses—in fact, what he proposes to do?

    It is a very large power to put a particular teacher into a particular school even in its limited form. Is the right hon. Gentleman prepared to consider, between now and Report, some power of veto on the part of the managers, if that could be done without spoiling the scheme of the Bill? Friction has occurred before and may occur again, and this power might be used very harshly against particular school managers. If a person is known to hold views possibly obnoxious or objectionable to the manager of the school there should be some power of veto, possibly with a right of appeal, as a safeguard to the managers.

    Question put, and agreed to.

    Clause 26 ( Provisions as to Closing of Schools) ordered to stand part of the Bill.

    Clause 27—(Grouping Of Non-Provided Schools Of The Same Denominational Character)

    Where there are two or more public elementary schools not provided by the local education authority of the same denominational character in the same locality, the local education authority, if they consider that it is expedient for the purpose of educational efficiency and economy, may, with the approval of the Board of Education, give directions for the distribution of the children in those schools according to age, sex, or attainments, and otherwise with respect to the organisation of the schools; and for the grouping of the schools under one body of managers constituted in the manner provided by Sub-section (2) of Section twelve of the Education Act, 1902:

    Provided that, if the constitution of the body of managers falls to be determined by the Board of Education under that Section, the Board shall observe the principles and proportions prescribed by Sections six and eleven of that Act; and that, if the managers of a school affected by any directions given under this Section request a public inquiry, the Board shall hold a public inquiry before approving those directions.

    I beg to move to leave out the words

    "not provided by the local education authority of the same denominational character."
    If the right hon. Gentleman cannot accept the Amendment I will not press it.

    Amendment negatived.

    I beg to move, after "1902," to insert the words

    "and for closing any one or more of the grouped schools and the transfer of the scholars therein to other schools."
    This Clause deals with the grouping of schools, and I believe it is a very valuable and a very necessary power. A great number of very small schools are being carried on at great expense, and there is a very unfortunate provision in the Act of 1902 which gives a sort of permanent right to live to schools with very small numbers. There are many schools where there are only about twenty or thirty children where, if you provide one good teacher, the cost is very high, but if you have, say, thirty children varying from three or four, certainly from five up to thirteen, it wants really two or three teachers to teach the children adequately. I look upon the grouping of schools as most essential if you are to carry on education in sparse country or in some of our smaller towns where a number of very small denominational schools have been established. In Torquay, for instance, you have a very large number of very small schools. They are very costly indeed. They are very poorly staffed and equipped, and if you were to combine them and group them together and close several of them you would have much better schools at much less expense and you would be able to treat the teachers much better and give the children a very much better opportunity. The whole of the future of our elementary schools in certain places depends upon the grouping of schools. Fortunately this is a matter where we need not talk about denominational or vested interests. All we can direct our attention to is the efficiency of education, and I believe by this Amendment we shall be strengthening the Clause, making it simpler and more cogent, and we shall be assisting the President of the Board of Education.

    While I realise that there may quite possibly be educational advantages in certain cases in the Amendment, I feel that it raises very contentious issues and that it would be regarded, with some degree of justice, as a departure from the basis on which we are working in this Bill. The grouping of schools would very often mean the closing of small schools, and I feel that the champions of voluntaryism would look with very great suspicion on any use of Clause 27, which might lead to the extinction, as distinguished from the grouping, of any such small schools. The object of the Clause is to facilitate grouping, but not to permit the extinction of schools, and because the Amendment would, I think, lead to the extinction of schools I feel bound in the interests of the party truce to refuse it.

    Of course, if any contentious question arose I should be the last to press for the acceptance of the Amendment, but I fail to see, if the local education authorities do their duty in regard to the susceptibilities and the best educational interests of those under their administration, why any such difficulty should arise. When first reading the Clause I rather assumed that, without these words which the hon. Member seeks to introduce, it was intended to mean not merely that the grouping might take place under one body of managers, but, if thought desirable, in one building. No doubt in such a county as that which I represent in an educational sense we have very great difficulties as to the efficiency of education owing to the scattered nature of the schools in some of the rural districts, where, of course, a large number of standards are very often taken together under a single teacher, and there is no doubt that in those schools educational progress is comparatively slow. Moreover, the amount of money expended in their upkeep is unduly large. The present system in such areas does not conduce, I am sure, either to educational efficiency or to financial economy. I had hoped the right hon. Gentleman would be able to fell us that powers already exist, either in the local education authority, or, failing that, in the Board, to enable such grouping to take place so as to bring the children together from several schools into one school, as well as under one board of managers, in order to increase the efficiency of such schools. This is a direction in which the Gloucester Education Committee have been pressing for improvement for some time past, and, subject only to the difficulty which I think can be overcome of providing proper means of transportation for the children from their homes to the central school, it seems to be quite within the bounds of practicability, and will tend to increase educational efficiency. I am at issue with the right hon. Gentleman when he thinks there is likely to be any contoversy as to the grouping in any single building. There is likely to be as much controversy in grouping under one competent board of managers. I should not think that the element of controversy would enter more into one case than the other. Purely from the point of view of efficiency, the grouping advocated by the hon. Member for North Somerset is one which ought to receive the favourable consideration of the Board of Education.

    I should have thought the night hon. Gentleman might have been willing to accept one part of the Amendment—namely, "and for closing any one or more of the grouped schools." If that were done with the consent of the managers I think it would be desirable, and it would tend to efficiency and economy. It-would seem feasible if there is a number of small schools not giving adequate or sufficient education not only to group these schools, but to close one or more of the schools if they are found to be unnecessary in a particular neighbourhood. But I should be very sorry to see that done, except with the consent of the managers. I should have thought that part of the Amendment might have been accepted.

    I very much hope that the President of the Board of Education will reconsider the attitude he has adopted. The hon. Member for North Somerset proposes many Amendments with which we cannot agree; but when he proposes one which meets with the acceptance of Members of all parties, as this Amendment does, I think he ought to be encouraged, and I hope the President of the Board of Education will encourage him. The hon. Member for Wiltshire (Sir C. Bathurst), who knows a great deal about the education system in Gloucestershire, has spoken of the need for something of this kind being done. All of us who live in the West of England and have to deal with large scattered areas feel the need of some power of this kind, and we think it might be given to the local education authority so long as the Board are able to make proper inquiries before any Order is made. I think the President of the Board of Education is unduly sensitive as to denominational feeling in this matter. I think it has been shown that there is a great desire for equity and fairness with regard to education among all parties, and I think we might safely give this power which the hon. Member for North Somerset asked for in his Amendment.

    I have had at least two eminent educationists on my side, one of whom can speak for more than one county. I have not had a single Member opposing the Amendment. The only opposition comes from the President of the Board of Education, who really is with me at heart. His only objection is that he suspects someone will raise the denominational issue. We have heard from the hon. Member for Wilton that it is not likely to be raised in this connection, and I do think the right hon. Gentleman might accept the Amendment or give me an assurance that he will consider it very carefully and make inquiries about it before the Report stage. He ought to do one or the other. If not, I shall find it necessary to go to a Division.

    I have considered this matter very carefully, and in view of all the interests involved. The object of this Clause is to provide for a better grouping in schools of the same denomination. We do not propose under the operations of this Clause to close schools against the wishes of the managers. Of course, if the managers of any one school affected by the grouping desire or consent to the closing of the school, then the school can be closed. The question which the Committee has to consider is whether we are prepared to say that we will, in pursuance of this policy of grouping, confer upon the local education authority the power of closing a voluntary school without the consent of the managers of that voluntary school. That is the issue, and I contend that that is an issue which raises the denominational question. Therefore, I hope the Committee will support me in opposing this Amendment.

    Has the right hon. Gentleman power, or does he take power in this Bill, to effect the closure of these schools experimentally, or when it is once done do the managers know that it is done once and for all? You might induce a great many persons to permit such a closure if they felt that they could withdraw if on experience the closure proved to be undesirable. Is there that power?

    Amendment negatived.

    Clause ordered to stand part of the Bill.

    Clause 28—(Provisions Relating To Central Schools And Classes)

    (1) Notwithstanding the provisions of Section six of the Education Act, 1902, or, in the case of London, Sub-section (1) of Section two of the Education (London) Act, 1903, as to the appointment of managers, any public elementary school which in the opinion of the Board is organised for the sole purpose of giving advanced instruction to older children may be managed in such manner as may be approved by the local education authority, and, in the case of a school not provided by that authority, also by the managers of the school.

    (2) Notwithstanding anything contained in Sections six and eight of the Education Act, 1902, or in Section two of the Education (London) Act, 1903, the provision of premises for classes in practical or advanced instruction for children attending from more than one public elementary school shall not be deemed to be the provision of a new public elementary school, and any class conducted in such premises may be managed in such manner as may be approved by the local education authority.

    I beg to move to leave out Sub-section (1).

    This is a very important Clause. It deals with the provisions relating to central schools and classes. What I propose to do is to leave out the first Sub-section, which practically abolishes managers in certain cases. That will overthrow one of the principles of the settlement of 1902. The President of the Board of Education invokes that sacrosanct Act of Parliament when it is convenient to him, but he lays unholy hands upon it here. He is going in future, under the scheme which will have to be put forward, with the driving impetus of certain special grants and awards which he will be able to give, to single out certain schools which will be of a higher grade and organised for the purpose of giving advanced instruction. These schools will no longer be managed in the old way. If you have one elementary school which is teaching advanced subjects that is all to the good, but in a place where there are three or four schools it is most undesirable, as often happens in towns, that those schools should be going parallel and doing the same work exactly side by side. It would be a great advantage if you could get one school to go ahead and to have advanced education and higher classes, continuing education for children up to an age where they will not be attracted to the unsuitable instruction given in other schools in the same locality. That would be entirely to the good; but why should you take away the old managerial status and right? Supposing there is a Church school and a Roman Catholic school, and under the scheme the Church school is singled out to give higher instruction. Though I have no great faith or veneration for the so-called truce and compromise that has been arrived at, such as it is, for denominational schools, I do not want to take away the managerial status of that Church school and put it under the local authority; but that is what, under the circumstances I am describing, will be the effect of this Clause.

    It is a Clause which I do not believe will work well, and for the objects which the right hon. Gentleman has in view I believe it will be an obstacle rather than a help. He is doing away with the managerial status in the very schools where it is most desirable to be a manager. If I wanted to leave the activities of this House and to become a school manager, the school that I should choose would be one where they were doing advanced, higher, and better work. But that is the place where you are not going to allow anyone to become a manager except the managers who are appointed by the local authority. You will not allow a person to become a manager in the ordinary way, either through local interests or because he subscribes, or perhaps through the parish council when it is a provided school. You are taking away the management from the popular and democratic person and giving it to the superior person appointed by the local education authority. I entirely object to that policy. I believe it will not assist the good educational objects which the Clause has in view

    7.0 P.M.

    A central school is primarily a school giving advanced instruction which collects its pupils from a wider area than the ordinary public elementary school. We have had considerable difficulty in devising any formal machinery for the management of such a central school within the four corners of Section 6 of the Education Act of 1902. Under that Section a provided school in a county has a body of managers consisting of four persons appointed by the county council, together with two appointed by minor local authorities, who are generally the parish council or the parish meeting. Let us suppose that you have a central school serving a group of twelve country parishes. It is a matter of very great difficulty to devise any formal machinery whereby two managers can be appointed to represent the twelve parish councils. It seems to be a much simpler plan to give to the county council a free hand in providing for the management of such a school as it thinks fit. I submit to the Committee that that is a rational aim.

    Amendment negatived.

    Clause ordered to stand part of the Bill.

    Clause 29—(Saving For Non-Provided Schools)

    Except as expressly provided by this Act, nothing in this Act shall affect the provisions of the Education Acts relating to public elementary schools not provided by the local education authority.

    I beg to move, at the end, to add the words "or the provisions of Part II. of the Education Act, 1902."

    This Clause deals with public elementary schools not provided by the local education authority, and the proposal is to extend to them the provisions of Part II. of the Education Act, 1902.

    I think the Committee is entitled to a more definite explanation than that. As I understand it the proposal brings in a totally different set of schools, and I am perfectly sure the Movers of this Amendment did not put it down with the idea that it was a purely technical point. Up to the present the Amendments they have put forward have been of great substance, and I assume that this is of a like character. I do suggest to the hon. Member who proposed it that it is not sufficient for him to satisfy the Government, he ought also to satisfy the members of the Committee generally.

    Perhaps I may explain to the Committee the precise effect of the acceptance of the Amendment. It is nil. The Act of 1902 has not been repealed and consequently its provisions are still valid, except in so far as they have been modified in small details by the present Bill. Consequently, there is no need for Clause 29 at all. It simply reaffirms the fact that the Act of 1902 is unrepealed. But there were apprehensions expressed in various quarters that the Bill we are submitting to. Parliament would materially change the settlement of 1902, and it was in order to reaffirm the principle—a course which my legal advisers tell me is quite unnecessary—that Clause 29 was inserted in the Bill. I think the broad matter which interests my hon. Friend who moved this Amendment is probably to be found in Subsection (2) of Section 2 of the Act of 1902, which provides that the council, in exercising their powers in this part of the Act, shall have regard to the existing schools established under the Technical Instruction Act.

    I have not the slightest objection to carrying that out, but the Amendment does not seem to do it. I am always rather jealous of Amendments that are put to the House in this way. The Clause reads that "except as expressly provided by this Act nothing in this Act shall affect the provisions of the Education Act relating to public elementary schools not provided by the local education authority," and then it is proposed to add the words "or the provisions of Part II. of the Education Act of 1902." Why is it necessary to insert these words? Why not leave the Clause as it is? I am always suspicious of putting in words that mean nothing. The right hon. Gentleman says the Clause means nothing, and I therefore do not quite follow the object in putting it in.

    I am sorry I have not made myself quite clear. If the lion, and learned Member will refer to Clause 29 he will see that it deals with public elementary schools—

    Yes; non-provided public elementary schools, and it was felt that if we had a Clause in the Bill stating that nothing in this Act shall affect the provisions of the Education Act relating to public elementary schools not provided by the local education authority the inference might be drawn that higher education would not be similarly protected, and that the provisions in respect of the higher education in the Act of 1902 would no longer be valid. These words will emphasise the fact that these provisions will still apply.

    I understand that this is an unnecessary Amendment to a superfluous Clause, and the whole thing is based upon a misapprehension. Under the circumstances I think we may pass it.

    Amendment agreed to.

    Clause, as amended, ordered to stand part of the Bill.

    Clause 30—(Acquisition Of Land By Local Education Authority)

    (1) A local education authority may be authorised to purchase land compulsorily for the purpose of any of their powers or duties under the Education Acts, by means of an Order submitted to the Board of Education and confirmed by the Board in accordance with the provisions contained in paragraphs (1) to (13) of the First Schedule to the Housing, Town Planning, Etc., Act, 1909, and those provisions shall have effect for the purpose, with the substitution of the Board of Education for the Local Government Board, of the local education authority for the local authority, and of references to the Education Acts for references to "this Act":

    Provided that the Board of Education shall not confirm any such Order even when unopposed if they are of opinion that the land is unsuited for the purpose for which it is proposed to be acquired.

    (2) The powers given by this Section in relation to the compulsory purchase of land by the local education authority shall be in substitution for any other powers existing for that purpose.

    I beg to move, in Subsection (1), after the word "authority" ["A local education authority"], to insert the words "subject to the provisions of the Housing, Town Planning, Etc., Act, 1900."

    This Clause proposes to give to the local education authority power to acquire land compulsorily for the building of schools, and it gives them the powers contained in paragraphs (1) to (13) of the First Schedule of the Housing and Town Planning Act, 1909. That Schedule, as far as I can understand it, will give the Board of Education power to take land on its own authority in a rural district, but it requires that if the land is situated in London, or in an urban district, or borough, the Board shall appoint an impartial person to hold an inquiry, and if the result of the inquiry is adverse, then the Board can only proceed by means of a Provisional Order. These are the powers which the Board of Education propose to take, but in the Housing and Town Planning Act there is a very considerable saving power, not in the Schedule incorporated in the Act, but in the body of the Act. The words to which I refer are these:
    "Nothing in the Housing Acts shall authorise the acquisition for the purposes of those Acts of any land which is the site of an ancient monument or other object of archaeological interest, or the compulsory acquisition for the purposes of Part III. of the Housing of the Working Classes Act, 1890, of any laud which is the property of any local authority or has been acquired by any corporation or company for the purposes of a railway, dock, canal, or other public undertaking, or which at the date of the Order forms part of any park, garden, or pleasure ground, or is otherwise required for the amenity or convenience of any dwelling-house."
    Many who are very much interested in these public authorities and public companies strongly object that land which has been acquired by them under the provisions of an Act of Parliament being taken from them by a mere Order of a Government Department. These corporations referred to in the Clause which I have read are corporations existing under statutory authority which have acquired land, frequently compulsorily, by means of a special Act of Parliament; and I submit that it is not right that land so acquired under the provisions of an Act of Parliament should be taken from the person who acquired it merely by the Order of a Government authority. The object of my Amendment is to preserve the proper possession of the property.

    My hon. Friend, in a very moderate speech, has called attention to a point in the proposal of the Government as to which he and his Friends require some assurance, and it is not impossible we may be able to suggest a course which will allay the misapprehensions which they entertain. It may not be inconvenient for the Committee if, in dealing with the point made by my hon. Friend, I give some general explanation of the Clause so far as the Amendment is directed to it. This Clause 30 was not adopted without very careful consideration of the history of the matter, and I am sure my hon. Friend will do the Department the justice to believe that they examined very carefully into previous disputes and grounds of controversy in order to ascertain whether the proposal contained in this Clause was likely to lead either to disputes or to inconvenience. I may tell the Committee the object of the Clause, because it is very important, and I am hoping it will recommend itself to the Committee on that ground. The existing system of compulsory purchase, which everyone agrees it is necessary to improve if the new Education Act is to be carried out efficiently, is contained in Section 20 of the Elementary Education Act, 1870. That Section is very well known. It provides for compulsory purchase by Provisional Order under the procedure contempated by the Lands Clauses Acts. The objections to procedure in these and cognate matters under the Lands Clauses Acts are so numerous and so universally admitted that if I were to spend time in dwelling upon them I should rapidly exhaust the patience of the Committee. We are all familiar with the 10 per cent., with the tribunal, with the two arbitrators, which are apt to develop qualities which in other tribunals would be regarded with great suspicion. I do not think I am exaggerating when I say that even before the War those who had had, as I have had, to deal with proceedings under the Lands Clauses Acts had come to the conclusion that a very drastic reform of those Acts was required if the acquisition of land is to be carried on smoothly and expeditiously in the future.

    For the purposes of this Act it was necessary at the middle of the War to acquire public property, and it was necessary not to introduce a new method, because that would have been to anticipate a very important act of reconstruction and one to which I am glad to say attention has already been given. It was necessary, therefore, to adopt for the purposes of this Act some other form of purchase. It was, therefore, decided to make the only choice we could among the existing systems by taking what was the most suitable, and we selected the procedure under the Housing and Town Planning Act of 1909. Under that procedure should an authority require land for educational purposes it would be able to make an order for the compulsory acquisition of the land which requires confirmation by the Board of Education. Then as to the safeguards. In the first place, if the authority which requires land for educational purposes makes an order for the compulsory purchase, such order requires confirmation in every case by the Board of Education, and if such order is opposed the Board of Education must hold a public inquiry before confirmation, and many precautions are taken to see that the inquiry shall be an effective inquiry. If the site is in London or in or about an urban district a public inquiry must be held by an impartial person unconnected with any Government Department, and if the impartial person, when you discover him, reports unfavourably the order cannot be made except with the approval of Parliament under the ordinary Provisional Order system, and this procedure is adopted practically under the present Bill without any modification.

    My hon. Friend is apprehensive that in the case of dock companies—and another hon. Friend has the same apprehension with regard to railway companies—the compulsory purchases under this present proposal may apply to certain lands belonging to these undertakings which up to the present were not liable to be dealt with in this particular way. I may explain the real position. The Board of Education have power at present under Section 20 of the Elementary Education Act of 1870 to authorise the acquisition of any land of that description by compulsory purchase, but my hon. Friend is right in stating that while this is the case the application of compulsory powers to the kind of property which he has in mind does require confirmation by Parliament. But, subject to that, the power exists and extends to that property. I think that my hon. Friend is entitled to say when we are not dealing with the whole question of the acquisition of property in a complete manner we ought not to deprive these people of the protection which they have always enjoyed by the operation of Section 20 of the Elementary Education Act, 1870. It is conceded that we are not precluded from authorising the compulsory acquisition of land, and I do not gather that my hon. Friend denies to us the exercise of the powers which we have always enjoyed, but he says that we ought not to continue to exercise these powers unless these people enjoy the right of appeal which they have always enjoyed. If my hon. Friend accepts that view, I propose to move the following Amendment:
    "(c) An Order for the compulsory purchase of land of the nature which by Section 45 of the Housing and Town Planning Act, 1909, is exempt from compulsory acquisition for the purposes of Part III. of the Housing of the Working Classes Act, 1890, shall be provisional only and shall not have effect unless and until it is confirmed by Parliament."
    The effect of that is that all the protection which is enjoyed by dock boards and railway companies under the existing Clause will be secured by them when this Bill becomes law, and at the same time the education authority shall have preserved the rights which they have at present.

    I had an Amendment down which I understood the President was going to accept, and I would ask my right hon. and learned Friend if he will allow me to move the Amendment which he foreshadows in a somewhat different form—

    "(b) An Order for the compulsory purchase of land in the administrative County of London shall be subject to the provisions of Sub-section (2) Section 2 of the Education (London) Act, 1903,"
    and then come the words which my right hon. Friend has just read out.

    On the point of Order. If that is a possible course, I have no objection. I have very carefully considered the point put by my right hon. Friend the Member for the City of London, and I am not adverse from the words in which he seeks to carry out his views—

    "(b) An Order for the compulsory purchase of land shall be subject to the provisions of Sub-section (2) of Section 2 of the Education (London) Act, 1903."
    If Mr. Whitley tells me that that is in order, I will move that Clause.

    Two questions have been brought up together, the question of London, and the question of the docks and railway companies, and I think that the Committee may agree to deal with them together in the form suggested. Meantime it is best to see if the Committee is agreed on that point.

    I have an Amendment at the end of the first paragraph of Subsection (1), to add the words,

    "Provided that nothing in this Act shall authorise the compulsory purchase of land exempt from compulsory purchase under the Housing Acts and—"
    It seems to me that my wording is free from a great deal of the technicality to which the Attorney-General has referred and in many respects might be the simpler wording to accept, but if the Board of Education adhere strictly to their privileges under Section 20 of the Education Act of 1870, of course I realise that my Amendment is somewhat circumscribing their previous power. On the other hand, if the Committee agree to the Amendment which the Government propose, I think that it would be reasonable to ask them to say that the Board of Education do not intend or contemplate the acquisition of any of the kinds of land defined in Section 45 of the Housing and Town Planning Act of 1909—that is to say, the Board of Education do not contemplate the acquisition of any ancient monument of archaeological interest, or the property of any local authority or any railway, dock, or canal company, or land used by the public for the purpose of a park or garden or pleasure ground without its being approved of by Parliament. If that is the effect of the Attorney-General's proposal, I think we would all agree.

    That is certainly not only the intention of the Government, but that is the effect of the Amendment which I have suggested. I am sorry that it seems technical to my right hon. Friend (Mr. Evelyn Cecil), but it is not more technical than it has to be to carry out the exact object which is aimed at. If that is the view taken the Amendment proposed can be withdrawn by the leave.

    Is there anything in the Bill which, on an application by the Board of Education for the compulsory acquisition of land, prevents counsel or solicitors being heard on the part of owners of land proposed to be taken? If there is nothing to prevent counsel or solicitors being heard on such application, I have nothing more to say, but if the effect of the Clause is to prevent professional advice being taken I would like to say a few words, because it is very much in the interest of the public and of the landowner that when the land is going to be taken compulsorily he should have the right of being represented professionally. Compulsion is quite right for public purposes, but when a man is not allowed to present his ease through proper legal authority, compulsion, I think, is tyranny.

    My hon. and learned Friend ought to know me far too well to imagine that I should have associated myself in any way with such a proposal as he has indicated.

    Then there is no objection to the course suggested, and I must only apologise for having even thought my right hon. Friend capable of such an injustice.

    I believe that my hon. Friend has been guilty unintentionally of that ghastly crime which he has just disclaimed, because the Clause provides that a local educational authority may, by means of an Order submitted to the Board of Education and confirmed by the Board in accordance with the provision contained in paragraphs (1) to (13) of the First Schedule to the Housing, Town Planning, etc., Act, 1909, and so on. Under Clause 8 of those rules it is provided that the arbitrator shall not, except in such cases as the Board otherwise direct, hear counsel or expert witnesses. This perpetrates the ghastly crime which my right hon. Friend declared was not committed. This Clause should be reconsidered by the Government from the landowners' point of view. Suppose that the local education authority desire to take a piece of land by compulsory purchase, subject to the approval of the Board of Education, and suppose that the landowner resists—and there have been unreasonable applications by local education authorities in respect of particular sites—he is entitled to a local inquiry, and in the country that need not be by an impartial man at all, but may be by a member of the Board sent down to hold the inquiry; and if the man sent down to hold the inquiry thinks the site all right he can order the unfortunate landowner to give security for costs, and after that he may order him to pay the costs of the inquiry.

    The next step is that after the Order goes through the land is taken compulsorily, and how is it to be paid for? Not under the Lands Clauses Act, but under a method by which the matter is laid before the arbitrator, who is not to give anything extra for compulsory removal, and who further shall not hear counsel or expert witnesses at the inquiry. If the local landowner goes in against the Government Department to get what compensation he can, he is not to have the advantage of expert witnesses; and if he bring other people who are not expert witnesses, the arbitrator is to decide what costs the landlord is to have, if any. That is the broad application of this Clause. I assure the Committee that I have often gone into these matters before, but I am not going to rake up bygone troubles. I have seen some very bitter fighting on this subject, and I hope the former condition of things will never come up again. Under this Clause, what is the position? Supposing there is a private enterprise school carried on with nothing sectarian about it at all, the local education authority can, for some reason of their own, effect the removal of that school, and all they have got to do is to schedule the land, and take the school away. I do not think that the present Board would act in that way, but they have the power to take over the land. I do not say for a moment that they would do it, but I do point out that the Board of Education, at any time, would have the power to step in, and by simply scheduling the land, and buying the school, take it away. It is only fair to say to the Committee that the Clause contains such a power, and I am afraid hon. Members have been led away rather by the form in which the Attorney-General has put the matter before them. I do not know what Amendment is now before the House, but I have an Amendment which I might move.

    I promise not to make my speech over again, but, as a matter of fact, I think the Amendment which the Attorney-General has put forward has not yet been formally moved. However, I urge the Government to read this Clause from beginning to end, because I can assure the Committee that it contains the vices I have indicated of legislation by reference, as does the Amendment of the Attorney-General.

    After the speech of the Attorney-General, who has in a friendly way met my Amendment on the Paper, I ask the leave of the Committee to with draw it, without, however, expressing any opinion on that which has been moved by the right hon. and learned Gentleman.

    Amendment, by leave, withdrawn.

    I beg to move, in Subsection (1), after the word "acquired" ["proposed to be acquired"], to insert the words,

    (b) An Order for the compulsory purchase of land in the administrative county of London shall be subject to the provisions of Sub-section (2), Section 2, of the Education (London) Act, 1903."
    "(c) An Order for the compulsory purchase of land of the nature which, by Section 45 of the Housing and Town Planning Act, 1909, is exempt from compulsory acquisition for the purposes of Part III. of the Housing of the Working Classes Act, 1890, shall be provisional only, and shall not have effect unless and until it is confirmed by Parliament."

    That the Amendment has not appeared on the Paper is perhaps due to the fact that the Attorney-General did not anticipate that this Clause would be reached so early, or it may be that he was under the pressure of other work. I am sure, however, that the right hon. and learned Gentleman will realise that, where possible, it is better to have Amendments of this description on the Paper.

    Amendment agreed to.

    Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."

    I have explained the reasons why I object to this Clause. This Clause contains legislation by reference, and in its amended form it very largely contains legislation by reference. I oppose this Clause because I am convinced that it really requires further consideration from the House.

    I have been endeavouring to understand what the Clause means in its original shape, and now that it has been reformed, and possesses added virtues or vices, it is really difficult to understand what it really means. I think that there is in this Clause a good deal of possible injustice that the Committee is not aware of, and I ask for some assurance from the Government that they will reconsider and redraft the provision before the Third Reading.

    I do not desire to enter into the merits of the case put forward so lucidly by the hon. and learned Member for Cambridge University, but I do venture to suggest that, before the Report stage, this Amendment moved by the Attorney-General should be drafted in a form so plain that it can be understood by the man in the street. I can assure the Committee that local education authorities have launched many maledictions against this House because of the mode in which it legislates by reference to Acts of Parliament. After all, hon. Members in this Committee are not all lawyers, and are very far from all having legal minds, and they want Acts of Parliament that can be easily interpreted. For that reason, and no other, I suggest that, before the Report stage, the Attorney-General should endeavour to see his way to couch his Amendment in somewhat clearer language.

    I desire to associate myself entirely with my hon. and learned Friend the Member for Cambridge University on this question of legislating by reference. I do not think the Committee could have had a more forcible illustration, not only of the objections, but of the grave dangers of the system of legislation by reference. Here you have a Clause for the compulsory acquisition of land. That is not an unimportant matter either to landlords or the general public, and until the hon. and learned Member for Cambridge University explained what is in the recesses of this Clause, perhaps not two men in the House, or even one, knew what we were doing. The Attorney-General himself repudiated with indignation the suggestion I put forward as to what is contained in this Clause, but I submit that this dangerous system of legislation ought not to be allowed, and the Committee ought not to be asked to pass legislation without knowing in the least what is contained in the mysterious recesses of this Clause. I think my hon. and learned Friend the Member for Cambridge University has said enough to satisfy the Minister of Education and the Attorney-General that the Clause will require reconsideration. The method by which land is taken compulsorily by the local education authority is open to the severest objection. I will not go into the matter again, as it has been dealt with in detail; but I am convinced the Attorney-General will realise that this question ought not to be allowed to stand where it is. The local education authority ought not to be allowed to acquire land by the sort of method by which it can take it now. Further, the landowner ought certainly to be allowed, without requiring any legal permission which may or may not be granted, to contest the matter when it is sought to take his land.

    I have had considerably over twenty years' experience of the application of the Lands Clauses Act, and perhaps I may be allowed to say a word to clear up the position. I quite agree, and we all know, that great abuses have crept in under the unfortunate practice which has grown up in connection with the acquisition of land compulsorily. This practice has been built up upon the traditions of the surveyors and people who were appointed arbitrators. The idea that you must pay a certain sum where land is purchased compulsorily is not to be found in the Act, yet that seems to be the practice. The effect of this sort of modified legislation became such that new rules were adopted, and they went to the other extreme. Clause 8 of the Act is rather pernicious, for it prohibits the arbitrator from hearing what are called expert witnesses, which means that it is not to be informed by anybody who is in a position to form a better opinion and who knows the fact. I will not say anything with regard to the professional point of view, as to representation by counsel, because my day is rather over except for sympathy with the young men who are coming on, but I do not want any bad legislation or any unnecessary costs for acquiring land for the public. I agree that this way of legislating by reference and of trying to engraft on to a bad principle a number of new Clauses does lead to confusion. I suggest to the Attorney-General that he might on the Report stage suggest some short adaptation of what we now find in the Clause.

    Nothing as a rule appeals to the House of Commons more than a denunciation of legislation by reference, and it is not surprising that the observations made by the hon. and learned Member for Cambridge University (Mr. Rawlinson) should have found an echo in different quarters of the House, but so far as this Clause in its original form is concerned I do not think it is open to objection on that ground. What is the position? The Lands Clauses Acts used to be the only means of enabling public authorities to obtain land compulsorily. Those Acts have become a public scandal, and it was recognised on all hands that their procedure was most costly and cumbersome and that it involved local authorities in the expenditure of immense sums of money whenever they wished to purchase land compulsorily. As a consequence they had to submit to the purchase of land by agreement on practically whatever terms the owners chose to ask. Parliament took the matter into consideration, and when dealing comprehensively with the housing of the working classes in 1909 it devised a new system which was carefully considered and which passed both Houses. That is embodied in the Housing and Town Planning Act of 1909. The matter having been carefully dealt with by Parliament in that year, the Government now say, "Let us apply to the purchase of land for schools the same provisions which Parliament has enacted for the purchase of land for the housing of the working classes." What could be more reasonable? The land is just as much needed for schools as for housing, and therefore the Government say in their Clause that in place of the old cumbersome procedure for the purchase of land for schools they will adopt the new procedure enacted by Parliament nine years ago, and it seems to me that the course they are taking is perfectly right. Certain Amendments have been made which are of a somewhat complicated character, and have in some degree impaired the pellucid clarity of the previous Clause, and perhaps it may be that when the matter comes again before the Attorney-General and the President of the Board of Education, between now and the Report stage they may be able in some degree to simplify their language. That is a matter which is perhaps worthy of their consideration, but I desire to dissociate myself from the attacks which have been made on the Clause itself.

    It is clear that the Government have not realised the full effect of their Clause, and I do not suppose anybody exactly agrees with the Clause as it is now drawn.

    Would it not be fairer if the Government were to withdraw the Clause now, I giving an assurance for my part that I shall be exceedingly reasonable on the Report stage when the new Clause cornea up? The dangers which have been pointed out have not been answered by the Government at all; the danger, for instance, of buying an opposition school, or anything of that kind. I do not believe the Government mean that that power shall be given by this Act, but not a word has been said by the President upon this question. I shall certainly divide on the question of the Clause remaining in unless some sort of assurance is given by the Government. The Attorney-General, I am sure, will not think I am criticising him unduly, because when he inadvertently gave an answer to an hon. Member he showed that none of us realised the effect of the Clause in regard to the question of hearing counsel. The Clause is faulty in two respects—first, in the method of taking compulsorily; and, secondly, in regard to compensation. I do not think it is fair to the Committee that there should be all this criticism, and that the Government should in effect say, "You can do what you like on the Report stage."

    My hon. and learned Friend has indulged the Committee with two extremely long speeches, and if the subject is obscure, which I entirely deny, he has not illuminated it or contributed to its elucidation. He has been good enough to say once or twice that the Government do not understand their own Clause, to which I reply that we understand it very well, and that I am quite capable of explaining it very clearly.

    My hon. and learned Friend selected as an illustration that the Government does not understand the Clause the fact that I informed my hon. Friend that solicitors and counsel could be heard. I was speaking without the terms of the earlier Bill before me, but I remembered very clearly that there was a provision that they should be heard through their agents, and I should have risen if I had had an opportunity earlier to say that it is not our intention, if it is the desire of the Committee, that they should be prevented from having the use of counsel and of solicitors. That shall be very carefully considered, with the advantage to the Government of knowing what certain hon. Members have said, between now and the Report stage. The Schedule in question permits of the appearance of parties by their agents. On the other point there is no doubt some ground for difference of opinion. The proposals of the Government are extremely simple. When you come to these particular Amendments, they were not on the Paper, but that is not through the fault of the Government, because some discussion was necessary between the representatives of the Government and those who had grievances to complain of, and when those discussions had taken place it was necessary to draw up the Amendments. There is not any obscurity in them at all, and my hon. and learned Friend has not read aloud the Section, merely making the charge that the Government's drafting is obscure. This is the Section:

    "A local education authority may be authorised to purchase land compulsorily for the purpose of any of their powers or duties.…in accordance with the provisions contained in paragraphs (1) to (13) of the First Schedule to the Housing and Town Planning, etc, Act, 1909."
    As the late Home Secretary has pointed out, so recently as 1909 this House gave the greatest consideration to the question of what was the most convenient, economical, and efficient method of purchasing land for the purpose of the Town Planning Act, and it is certain that Parliament arrived at a clear conclusion after the fullest possible discussion, and there is no lack of lucidity in this Section as it stands until these Amendments are introduced, because all it says is that paragraphs (1) to (13) of the First Schedule of the Housing and Town Planning Act shall be the method by which the education authorities may acquire land. There may be other objections to it, but at any rate it is not obscure. Now it is said that these Amendments are obscure. I make the fullest possible allowance for any member of the Committee who has not had the opportunity of seeing the Amendments because they are not on the Paper, and I say at once that if any objection of form, or even of substance, emerges between now and Report, and if any of my hon. Friends can point out any respect in which they prove to be obscure, I shall be delighted to reconsider them, and to reconsider the form in which they are expressed; but when my hon. and learned Friend asks me to withdraw the Clause, the answer is that it is utterly impossible to do so, because it is the considered expression of the policy and object of the Government, and we have no intention whatever of withdrawing it. As to the form of the two Amendments, substantial considerations were put before us by highly representative and respected Members of this House. One of them has every claim to speak on behalf of the great dock boards, particularly that of Liverpool, and another of my hon. Friends was entitled to speak with authority in regard to the railway companies, and he pointed out that, although we had, under Section 20 of the old Education Act, the very power which we claim here in respect to the properties of the dock and railway companies, we could not, under Section 20, exercise those powers without coming to Parliament, and their case to us was that we ought not, by taking the powers of the Town Planning Act, to enfranchise ourselves from the obligation attached when we are dealing with their land. That seemed to be reasonable, and in these Amendments we have obliged the House of Commons, wherever we avail ourselves of the powers of the old Section 20, to be bound by the conditions of that Section. If any hon. Member will approach me privately between now and the Report stage they will find me not only willing but anxious to meet and consider any objections which they raise, but they must not expect us to abandon the Clause.

    Question put, and agreed to.

    Clause 31 ( Power to Provide Elementary Schools Outside Area) ordered to stand part of the Bill.

    Clause 32—(Amendment With Respect To The Allocation Of Expenses To Particular Areas)

    It shall not be obligatory on a county council to charge on or raise within particular areas any portion of such expenses as are mentioned in paragraph ( c) or paragraph ( d) of Sub-section (1) of Section eighteen of the Education Act, 1902, and accordingly each of those paragraphs shall have effect as if for the word "shall" there was substituted the word "may" and as if the words "less than one-half or" were omitted therefrom; and, where before the passing of this Act any portion of such expenses has been charged on or allocated to any area, the county council may cancel or vary the charge or allocation.

    I beg to move to leave out the words "obligatory on," and to insert instead thereof the words "lawful for."

    8.0 P.M.

    We now come to a very important matter. The problem of paying for new schools has always been a difficult one, and the way in which it was settled in the Act of 1902 is very unsatisfactory, because while it made the county in large county areas responsible for new schools, it really put the great burden of the expense upon the locality or parish, and it has been owing to the way in which the question was met in the Act of 1902 that there has not been a greater amount of building of proper schools as required in the local districts, especially in the counties. The Board of Education, of course, quite realises that this condition of things, which is unsatisfactory to county authorities generally, and to all educationists who desire to see progress, cannot be maintained, and the way that it meets it in this Clause is not at all courageous. It proposes that whereas at present when a new charge is made upon a locality the county council can charge such portion as they think fit on the parish or parishes which in the opinion of the council are served, they can charge anything not less than one-half or more than three-quarters. That is the present law. It is contained in Section 18 of the Act of 1902. What they now propose is that it shall not be obligatory on a council to charge less than one-half or more than three-quarters of the expenses, but they do not give a direct instruction that the cost of new schools in counties shall be taken over largely by the central authority. That is what I want them to do, and the Amendment I propose would have that effect. The effect of my Amendment is, in fact, as will be seen by a consequential Amendment, to repeal the old provisions in Section 18 of the Act of 1902, and to give liberty to the county council to erect schools without the great difficulty and burden of putting the larger part of the expenses on the locality.

    There is a good deal to be said both for and against the principle of differential rating. The course which is pursued in this Clause is, however, I believe, the course which is most agreeable to the county councils. So far as the Board of Education have been able to ascertain, there is very great difference of opinion among county councils on this subject. Some county councils object to differential rating altogether, and will no doubt avail themselves of the opportunity to abolish it which is afforded by Clause 32. Other county councils wish differential rating to be maintained, and they can produce very strong arguments in favour of it. The Clause gives to the county councils an option, and I believe that that middle course which has been followed in this Clause is the course which will be most acceptable to them on the whole. But the argument, of course, for the abolition of differential rating is that it will facilitate the provision of new schools by the local education authority, and I think it is undoubtedly the case that the heavy burden which is put at present on parishes by differential rating has the effect of discouraging school provision, but in future this argument will not have so much force as in the past. The scheme of procedure established by the Bill will put the Board in a better position to insist on an adequate supply of public school accommodation throughout the whole country, and if a county council is backward in providing the accommodation required it will no longer be able to urge in its favour that the provision involves excessive strain on the local ratepayers, because it will rest with the county council to determine whether there shall be any strain upon the local ratepayers or not. For these reasons, I feel myself unable to accept the Amendment.

    I will say in reply to that, that I have the same complaint here as before. The President of the Board of Education will not look at these things first from an educational point of view. He will take the line of least resistance, like a cowardly man does on every occasion. Do let him give us some educational ground for the position he takes up, and I shall respect him even more than I do at present. Under the circumstances, I must ask leave to withdraw my Amendment.

    Amendment, by leave, withdrawn.

    Motion made, and Question proposed, "That the Clause stand part of the Bill."

    I do feel it incumbent upon me to utter a protest against the verbiage of this particular Clause. We have talked about the inadvisability of legislation by reference, but here you have a masterpiece of verbose obscurity, and what you have to bear in mind is that the unfortunate people who have to administer this Act of Parliament are least able to understand what such a Clause means. They are absolutely in the hands of the clerk to the county council or the local education authority, and very often he is not a trained lawyer, and, as I have found on more than one occasion, he is wholly unable himself to explain at a moment's notice what a Section in an Act of Parliament such as this means. More and more, as time goes on, you are going to have working-class representatives upon your local education authorities, and other popularly elected bodies. Surely we ought to aim in this House, as far as we can, to express our Acts of Parliament in such a way that the workers of this country can clearly understand what it is intended they should do. I do not wish to press this unduly, but I suggest that the ordinary bucolic intellect is wholly unable to cope with the meaning of these Acts of Parliament. I should like to have seen this Act, while amending previous Education Acts, at the same time codifying the law, and so avoiding these absurd references to legislation. But I do ask the Committee to have some little pity upon those unfortunate people who have to administer the legislation they pass. Here is as good an instance as you will over find of this system carried to an extreme. I venture to say that the time is come when we might reasonably call a halt. Might I appeal to the right hon. Gentleman to consider whether, before we reach the Report stage, this can be expressed in clearer form?

    Question put, and agreed to.

    Clause 33 ( Provisions as to Expenses of Provisional Orders, etc.) ordered to stand part of the Bill.

    Clause 34—(Expenses Of Education Meetings, Conferences, Etc)

    Any council having powers under the Education Acts may, subject to Regulations made by the Board of Education, defray as part of their expenses under those Acts any reasonable expenses incurred by them in paying subscriptions towards the cost of, or otherwise in connection with, meetings or conferences held for the purpose of discussing the promotion and organisation of education or educational administration, and attendance of persons nominated by the council at any such meeting or conference: Provided that—

  • (a) the expenses of more than three persons in connection with any meeting or conference shall not be paid except with the previous sanction of the Board of Education;
  • (b) payments for travelling expenses and subsistence shall be in accordance with the scale adopted by the council:
  • (c) expenses shall not be paid in respect of any meeting or conference outside the United Kingdom unless the Board of Education have sanctioned the attendance of persons nominated by the council at the meeting or the conference; and
  • (d) no expenses for any purpose shall be paid under this Section without the approval of the Board of Education, unless expenditure for the purpose has been specially authorised or ratified by resolution of the council, after special notice has been given to members of the council of the proposal to authorise or ratify the expenditure, or, where a council has delegated its powers under this Section to the education committee, by resolution of that committee after like notice has been given to the members thereof.
  • I beg to move, after the word "with" ["in connexion with, meetings or conferences"], to insert the words,

    "joint committees and joint bodies of managers and federations established under Section six, and."
    I formally move this Amendment, but I hope it may not be necessary to press it. The object of this Clause is to allow the expenses to be paid for promoting meetings and conferences "held for the purpose of discussing the promotion and organisation of education or educational administration." In connection with that there is sure to be a considerable amount of committee work Probably some of the most valuable work will be done by committees, and the object of my Amendment is to make quite sure that expenses can be allowed for that purpose. If the President will give me an assurance on that point, I have no desire to take up time any further.

    I am in a position to give my hon. Friend the assurance he desires to have. I have been in consultation with the Local Government Board on this matter, and they assure me that it has long been their view that any joint body might claim a reasonable amount of expenses incurred by any members attending such meetings.

    The right hon. Gentleman's statement is entirely satisfactory, and I beg to withdraw the Amendment.

    Amendment, by leave, withdrawn.

    Clause ordered to stand part of the Bill.

    Clause 35—(Power To Pay Expenses Of Prosecution For Cruelty, 8 Edw 7, C 76)

    The powers of a local education authority for the purposes of Part III. of the Education Act, 1002, shall include a power to prosecute any person for an offence of cruelty to children under Section twelve of the Children Act, 1908, and to pay any expenses incidental to the prosecution.

    Amendments made: Leave out the words "for an offence of cruelty to children."

    After "1908," insert the words

    "where the person against whom the offence was committed was a child within the meaning of this Act."—[Mr. Fisher.]

    Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."

    These Amendments are little more than drafting Amendments. As the Clause stands in the Bill it confers on the local education authority, for the purposes of Part III. of the Education Act, 1902, power to prosecute any person for an offence of cruelty to children, but it is not clear whether the word "child" as used in that Clause means a child as defined by the Education Act or a child as defined by the Children Act, and, in order to remove doubt, the present Amendments have been inserted.

    Question put, and agreed to.

    Clause 36—(Public Inquiries By Hoard Of Education)

    (1) The Board of Education may hold a public inquiry for the purpose of the exercise of any of their powers or the performance of any of their duties under the Education Acts.

    (2) The following provisions shall (except as otherwise provided by the Education Acts) apply to any public inquiry held by the Board of Education—

  • (a) The Board shall appoint a person or persons to hold the inquiry;
  • (b) The person or persons so appointed shall hold a sitting or sittings in some convenient place in the neighbourhood to which the subject of the inquiry relates and thereat shall hear, receive, and examine any evidence and information offered and hear and inquire into the objections or representations made respecting the subject-matter of the inquiry with power from time to time to adjourn any sitting;
  • (c) Notice shall be published in such manner as the Board direct of every such sitting, except an adjourned sitting, seven days at least before the holding thereof;
  • (d) The person or person so appointed shall make a report in writing to the Board setting forth the result of the inquiry and the objections and representations, if any, made thereat, and any opinion or recommendations submitted by him or them to the Board;
  • (e) The Board shall furnish a copy or the report to any local education authority concerned with the subject-matter of the inquiry, and, on payment of such fee as may be fixed by the Board, to any person interested;
  • (f) The Board may, where it appears to them reasonable that such an Order should be made, order the payment of the whole or any part of the costs of the inquiry either by the local education authority, if the inquiry appears to the Board to be incidental to the administration of that authority, or by the applicant for the inquiry, and may require the applicant for an inquiry to give security for the costs thereof;
  • (g) Any Order so made shall certify the amount to be paid by the local education authority or the applicant, and any amount so certified shall, without prejudice to the recovery thereof as a debt due to the Crown, be recoverable by the Board summarily as a civil debt from the authority or the applicant as the case may be.
  • I beg to move, in Subsection (2, e), to leave out the words "person interested," and to insert instead thereof the words "ratepayer requiring it."

    What I would ask is, whether "any person interested" is an intelligible expression? Does it mean anybody who has interest enough in the subject to go and apply for a copy of this Report, because, if so, I am satisfied. If, on the other hand, it means only some person who may be interested in some particular way as a prospective teacher, or prospective scholar, or prospective ratepayer, I think the old principle of the Education Act, 1870, was that the ratepayers were the people who had the right to inquire. I move my Amendment, not because I wish to press it particularly, but to elicit a clear understanding what is meant by the words "any person interested." Is it a wide expression or not?

    I am under the impression that the insertion of my hon. Friend's Amendment would merely limit the effect of the Clause. He asked whether a wide interpretation would be given to the words "any person interested." I think he may rest assured on that point. If anyone can show he has any kind of interest, he may obtain a report.

    Amendment negatived.

    Motion made, and Question proposed, "That the Clause stand part of the Bill."

    I would like to make an appeal to the Parliamentary Secretary with regard to Sub-section (2, f). This is a provision which, I think, is most objectionable. If a public inquiry is necessary, people should not be deterred from either working for it or taking part in it by the fear of having to pay a large sum of money in the event of the Board of Education thinking they had put forward a case they were not able to sustain. In the course of my longish life I have attended an enormous number of public inquiries of this nature, but never in any of them have the costs been given one way or the other. The uniform practice in this country to my knowledge of the last forty years has been that in local inquiries each party bears their own costs. What is the result? Costs are insignificant. A man who, going to a public inquiry, has to pay the costs in any event, will incur only those costs which are necessary. It is just the same when you have an arbitration, when you say that the matter shall be referred to an arbitrator and whatever the event each party shall pay its own costs. The result is that each party is extremely careful not to spend more money than he can help. By this Clause there is a temptation, especially for the local education authority, to spend a large sum of money to engage counsel, expert witnesses to prepare all sorts of plans, to-have lengthy correspondence copied, in the hope, and probably the very confident hope, that the Board of Education will order the party who asked for the inquiry to pay the costs. I do not know whether my words have had any effect on the right hon. Gentleman who is now reading some notes (Mr. Lewis), but I do hope he will make some representations to the President of the Board of Education that this paragraph (f) is one that ought to be considered before the Report stage. It is such an objectionable thing that a man should be deterred from having a public inquiry where it is necessary in the public interest because he will be mulcted in costs which either he cannot pay or which would be a serious matter to him if the Board of Education came to the conclusion that he was wrong, that the local authority was right, and that simply for that reason—nobody can know until the inquiry is finished, and the evidence has been taken—he should have to bear the cost of that inquiry. This is a provision that makes the protection of a local inquiry almost nugatory, and I would ask the right hon. Gentleman if he would kindly bring the matter to the attention of the President and see whether that cannot be reconsidered before the Report stage.

    I am very glad the hon. Member for Oldham (Mr. Denniss) has raised this point. I had had my attention called to it, and I had Amendments on the Paper which I did not move because I did not know whether my opinion would be shared by others. I entirely agree with the tenor of his remarks, and I think it is most undesirable at this time when you are increasing the power of officialism in every way to put additional obstacles, fears, and difficulties in the way of holding public inquiries. I hope there will be no intention of pressing this power, which is a permissive power for the Board of Education, unduly. It was because I had had private assurances that such was the ease that I did not move my Amendment. I take this opportunity of endorsing what the hon. Gentleman said, and of expressing the hope that we shall have an assurance that this will not be made an objection or a difficulty.

    My hon. Friend (Mr. King) has rightly stated the intention of the Board of Education in this measure. They have no intention whatever of pressing this measure hardly or unreasonably against any individual who, having reasons, desires to have an inquiry. On the other hand, of course, there must be some power kept in reserve for the purpose of saddling the costs of the inquiry upon a person who on merely frivolous grounds seeks to have an inquiry. There are cases when it would be wholly unreasonable to bring forward matters of this sort, but as regards the general attitude of the Board of Education with regard to it I can assure my two hon. Friends that there is no intention on the part of the Board of Education of pressing unduly that power.

    The fact that this may happen will deter people. If you only need to enforce it in the case of frivolous applications, then it should be limited in the Bill, and persons could come forward with confidence in exercising a public right.

    Question put, and agreed to.

    Clause 37 ( Evidence of Certificates, Etc., Issued by Local Education Authorities) ordered to stand part of the Bill.

    Clause 38—(Education Grants)

    (1) The Board of Education shall subject to the provisions of this Act by regulations provide for the payment to local education authorities out of moneys provided by Parliament of annual substantive Grants in aid of education of such amount and subject to such conditions and limitations as may be prescribed in the regulation, and nothing in any Act of Parliament shall prevent the Board of Education from paying Grants to an authority in respect of any expenditure which the authority may lawfully incur.

    (2) Subject to the regulations made under the next succeeding Sub-section, the total sums paid to a local education authority out of moneys provided by Parliament and the local taxation account in aid of elementary education or education other than elementary as the case may be shall not be less than one-half of the net expenditure of the authority recognised by the Board of Education as expenditure in aid of which Parliamentary Grants should be made to the authority, and if the total sums so paid to an authority in respect of any year fall short of one-half of that expenditure there shall be paid to that authority out of moneys provided by Parliament a deficiency Grant equal to the amount of the deficiency, provided that a deficiency Grant shall not be so paid as to make good to the authority any deductions made from substantive Grant.

    (3) The Board of Education may make regulations for the purpose of determining how the amount of any deficiency Grant payable under this Section shall be ascertained, and those regulations shall, if the Treasury so direct, provide for the exclusion in the ascertainment of that amount of all or any sums paid by any Government department other than the Board of Education and of all or any expenditure which in the opinion of the Board of Education is attributable to a service in respect of which payments are made by a Government department other than the Board of Education.

    (4) The fee Grant under the Elementary Education Act, 1891, as amended by the Elementary Education (Fee Grant) Act, 1916, the Aid Grant under Section ten of the Education Act, 1902, and the small population Grant under Section nineteen of the Elementary Education Act, 1876, as amended by the Education Code (1890) Act, 1890, and the Education (Small Population Grants) Act, 1915, shall cease on the appointed day.

    (5) If, by reason of the failure of an authority to perform its duties under the Education Acts or to comply with the conditions on which Grants are made, the deficiency Grant is reduced or a deduction is made from any substantive Grant exceeding five hundred pounds or the amount which would be produced by a rate of a halfpenny in the pound whichever is the less, the Board of Education shall cause to be laid before Parliament a report stating the amount of and the reasons for the reduction or deduction.

    (6) Any regulations made by the Board of Education for the payment of Grants shall be laid before Parliament as soon as may be after they are made.

    I beg to move, in Subsection (1), after the word "of" ["in aid of education"], to insert the words "the provision of school premises and in aid of the."

    This raises the question of a building grant, but I suppose on this Amendment, Mr. Whitley, you will allow a rather wide discussion, as usual, on the Clause. I shall endeavour not to recur again and again—

    No; the hon. Member must not say "as usual." It is rather usual for Members to attempt it, but, I hope, not for the Chairman to permit it. We will take the points one by one, discuss the particular point, and have no discussion on the Clause until we come to the end.

    I only wish to conform to your wishes, Mr. Whitley. The first point of this very important Clause, which I greatly regret is reached just at dinnertime when the attendance will be inadequate, is this definite proposal that there should be a building grant. There ought, I think, to be a grant for building which would enable local authorities to undertake what is now, or is going to be at an early date, one of the most difficult and pressing points in the whole of our educational system. We have nothing like buildings enough. For the ten years after the Act of 1902 there were repeated attempts at settling on a new basis the education of the country, and especially with a view to the question of providing buildings and additional school places and on what basis that provision should be made. There was one Bill after another introduced. The result was that the local authorities were always complaining that they could not build now because there was legislation immediately ahead. So we went on for ten or twelve years until the War came, and now the War is going to last for another period of years—there will be the demobilisation and reconstruction period—and then the time it will take to put this Bill into force. The result is that when you come to put this Bill into force as a working proposition, with the continuation schools and the nursery schools at the other end of child life, when you come to work this Bill as an education system you will have a great deficiency of school places and school buildings. My proposal is to begin here with the new system of grants you are elaborating by this Clause, and to say that these local authorities who put up new buildings shall have a definite grant towards them. I know there are provisions for granting loans to local authorities, but I want a definite building grant. There is provision for various purposes—land, and equipment. I want a definite system of the encouragement of local authorities to have new buildings, or buildings which will be so transformed and brought up to date that they may be capable of receiving the building grant. The first six years after 1902, with the six complete years before, showed that there was an actual decrease of buildings throughout the country. That is very remarkable. On the other hand, at the same time building funds were granted for training colleges, and you had as the result training colleges put up by local authorities. The training college difficulty is one of the few difficulties that really were settled and brought into a distinctly better position in the years following 1902.

    Many questions of education were left unsolved by the Act of 1902. The training college question was practically solved by the training colleges of the local authorities. The latter were encouraged by the building grant to a policy which has been a great success. Here is a very good instance—in fact, I am sure no one on the Treasury Bench will deny that that policy of the building grant is one which has a good deal to recommend it. We may be told that there is a difficulty in the Act of 1870. Some people may say, "If you give a building grant to the local authorities you must give also to the voluntary schools." That might be said; but it could be seriously met, because building at the present time is not being done at all by those connected with the voluntary associations or schools. All that the voluntary schools ask, all that was intended by the Act of 1902, was that they should retain what they had got, and not add to it. The new buildings have always been considered to be the work of the local authority, and though it does not prevent the voluntary schools being met, yet it was definitely contemplated and understood—as the result actually proved to be case!—that the new building is the affair of the local authority. The new schools are provided schools. Not only so, but a large number of the non-provided schools are being handed over. I could give a good deal more of fact and suggestion in support of my contention, but I think I have said enough to make what I have said worthy of a serious reply from the Treasury Bench.

    I confess I look upon this proposition with some misgiving. The so-called compromise of 1902, to which my hon. Friend has referred, left all the denominational schools in this difficulty, that for the purpose of teaching any religious instruction whatever under denominational auspices the denominations themselves had to provide the building, whilst the people who had to do that were also payers of rates, which rates were used for the purpose of supporting council schools. They also, in addition to paying their rates like others, had to subscribe out of their own pockets for the land to build upon and subsequently to support the fabric of the different schools which were used for denominational purposes. I am one of those who have always believed in religious instruction for the young. No system of education is ever satisfactory, and certainly it is not complete, unless it includes some reasonable amount of religious instruction. I confess that I think the owners of denominational schools were rather unfairly treated in the compromise of 1902. Be that as it may, the position we now see to-day under this Bill is that there are certain special schools—which are indicated: there are continuation schools and there are central schools in addition to the ordinary primary schools. How is it going to be possible for a body like the Church of England, the Catholics, the Wesleyans, or any other denominational body, to have their schools in any towns, such, say, as Liverpool, in order to insist upon the carrying out of the continuity of their religious instruction; to acquire land and to bear the expenditure of large sums of money on the building of these special schools, in order that they may safeguard the continuance of religious instruction for the members of those bodies? I do not see how it is going to be done.

    I have been in communication with the President of the Board of Education. I have a letter on this subject from him to-night in reply to my communication. It is very difficult, in a few moments, to grasp the contents of a letter of three or four pages like this in my hand, because I understand that there was no intention in this Bill anywhere to interfere with the compromise of 1902. I certainly think that if these Grants, which are the subject of the present Amendment, are to be made, or authorised, from national or Imperial funds for the special purposes of building and repairing buildings which are to be used by one class of students, the thing ought certainly to be enlarged, so that they may include other classes, including those people who attach such importance to religious instruction. If in any reply to this Amendment we were given any assurance upon this point that perhaps we are looking at matters and are being suspicious of the intentions of the Bill, and that no such intentions exist, then, of course, I do not want to stand here and be a party to raising any unnecessary difficulty or wasting the time of the House. I confess that the subject does present to my mind some very considerable difficulties. The financial difficulty of denominations seems to be likely to be very much accentuated and increased in the whole scope of the Bill unless there is some power or authority under which the denominational people can participate in some reasonable manner in these special schools, such as continuation and central schools, which are now part of the system embodied in the Bill. I do not see anything in Clause 38 or in this Amendment now before the Committee which helps to solve this particular difficulty. It seems to me that the Amendment the hon. Member has proposed would make matters worse. He wants to secure by this Amendment the statutory-right to the central education authority of the Kingdom to give special Grants in favour of buildings that would be used for one class of school only. We have in Liverpool an important Jewish community. They have their own schools, and they attach great importance to their own views of religion in these matters. I do not see that they would have any protection in connection with any of the special schools indicated. It is suggested that there would be power anywhere to give them a Grant either towards their school buildings or towards erecting and maintaining either a department or a special school of the kind indicated. The same applies to Roman Catholics, the Church, and the Wesleyans.

    I hear rumours that certain Members of this House who are authorised far more than I am in any way to represent some particular religious denomination have had interviews with the Board of Education, and have received assurances which have satisfied them on this subject. I have had no satisfactory communications, although I have written to the Board of Education about it, and it seems to me to be just one of those points in reference to this financial difficulty which all denominations find themselves in to-day. It is one of the points, when we are discussing a Clause of this kind, which bears directly upon authorising Grants from the national funds, and it is a question which calls for an authoritative statement on the part of the Government as to what they really intend by the Clause, what the scope of it is, what the Regulations suggested are going to embody, and the general body of Members of Parliament should be able to get here and in public the assurances which certain other Members have received privately. So far as I can see the Amendment proposed would be a great mistake.

    I hope that this Clause will give local authorities like the Borough of West Ham and other places of a similar character some real financial help. The education rate in West Ham is most intolerable. At present we have a rate of 3s. 6d.—3s. 1½d. for elementary and 5d. for higher education. The teachers are asking for an advance of salaries, and that will amount to anything between £70,000 or £80,000, which will mean an extra 1s. rate so far as the Borough of West Ham is concerned. If a broad interpretation is placed upon this Clause, I think many local education authorities will get substantial relief. The Clause says

    "and nothing in any Act of Parliament shall prevent the Board of Education from paying Grant to an authority in respect of any expenditure which the authority may lawfully incur."
    Surely if you advance the salaries of the teachers and the caretakers and incur other expenditure, I should say that that is lawful expenditure! If that is so, surely we should be entitled to appeal to the Board of Education to give some substantial Grants in connection with the expenditure that will be incurred.

    Will the hon. and gallant Member say what he thinks of my Amendment which is in favour of building grants?

    I am not concerned so much whether it is in favour of building grants or any other grants, so long as we can get the cash from the Government. As long as the President of the Board of Education will give a broad interpretation of this particular Clause, I am convinced that many local education authorities will get some substantial relief. We thank the Board of Education for giving the Borough of West Ham the grant of £35,000, which has helped us very considerably; but, in spite of that, we are labouring under great difficulties in consequence of the extraordinary rate that has to be levied. The result is that the grants which have been made to some of the local education authorities have been devoted absolutely to increasing the salaries of the teachers, and the effect of that has been in a number of cases the drawing away of teachers. I hope the Board of Education will place a broad interpretation upon this particular Clause.

    My hon. Friend who moved this Amendment has taken the keenest interest in the question of school buildings and their equipment ever since he entered Parliament, and I am not surprised that he should have hit upon Clause 38 to raise at the commencement a question in which he takes so deep an interest. I am doubtful, however, whether his Amendment, if inserted in the Bill, would have any effect whatever in the direction he desires. It would impose upon the Board of Education a duty by Regulations to provide for the payment to local education authorities of annual Grants in aid of the provision of school premises of such an amount as may have been prescribed. But really this cannot confer any security upon local authorities, because the amount might be so small as to be of no account whatever. May I say, also, that the words "school premises" referred to in the Amendment are of a rather vague character? My hon. Friend behind me has raised a general question upon which I think it would be more fitting that the President of the Board of Education should speak, and I hope there will be an opportunity later on for him to do so.

    He has raised the question of the building provision for continuation schools, and for the new buildings which will be generally required under the provisions of the present Bill. There can be no doubt that the bulk of the building provision to be made for continuation schools will fall upon the local education authorities. I imagine that almost the whole of it will fall upon the local education authorities, but the Clause provides, and it has always been understood from the outset, that is to be expenditure which can be recognised by the Board of Education as expenditure in aid of which Parliamentary Grants may be made to the authority. The amount of the Parliamentary Grant has not yet been settled, but my right hon. Friend has indicated in general terms what is the attitude of the Treasury towards it, and there can be no doubt that a provision of this kind will be expenditure in respect of which Parliamentary Grants may be made. With regard to the voluntary provision that may be made for continuation schools, that stands upon the same footing as the provision which is made at the present time for education higher than elementary by voluntary associations. They receive help towards the maintenance of that education. They do not receive building grants, but on the other hand they have the right of private control, and it has all along been understood that the right is balanced to some extent by the additional provision which private bodies have to make. I have pointed out to my hon. Friend that the effect of his Amendment might be so small as to be negligible, and I put it to him that under the circumstances it is one which ought not to be pressed further.

    Amendment, by leave, withdrawn.

    No; it raises a different point. I am not quite sure that it reads correctly. There should be the word "the" inserted before the word "education" ["in aid of education"]. Then the words on the Paper—after the word "education" insert the words "of each scholar in average attendance or on the roll of the schools and"—would follow as a consequential Amendment, making the Clause read—

    "Annual substantive Grants in aid of the education of each scholar in average attendance or on the roll of the schools, etc."
    I beg to move, after the word "of" ["in aid of education"], to insert the word "the."

    It will be seen at once that this Amendment raises quite a, different principle. It raises the principle that the Grants which are to be given by the Board of Education should be on the basis of the number of children educated—per capita Grants. This is quite different from the question of Grants towards buildings which was raised by the last Amendment. I look upon this Amendment as one of the most important, certainly upon this Clause, and one of the most important that has been moved or that can be moved upon the Bill, because by this Amendment I want to restore a principle that has governed the Grants that have been given to local authorities ever since the Act of 1870. Those Grants have been given on the basis of the number of children in average attendance. The number of children on the roll has therefore always been a question of primary importance to the local authorities. The whole idea of our education has been based upon this broad principle that the Government gives to each child who ought to be in school a definite minimum sum which can be increased under certain circumstances. It is increased if there is efficiency and so on, but for each child there is a definite sum. That principle now is to be given away. There is to be what is called the Block Grant and that Block Grant will be determined without any reference to the number of children.

    I am wrong in saying without any consideration to the number of children, but, of course, it will be indirectly and not directly determined by the number of children. The Block Grant, in other words, will be given to the school. It is going to be to the advantage of the local authority, having got the school, to let the stupid, the dunce, and the troublesome child go and never bring it to school at all. It will be an actual incentive to teachers and authorities to let the unwelcome child alone. They are not going to derive any advantage from having an increased number in regular attendance. That principle, which has been one of the definite principles of our policy—there is a great deal to be said for it—is to go. The per capita Grant is going to be a thing of the past. It is the one Grant which has been definite and clear. It has been the regular basis of Grants for public elementary schools, and this is a point upon which the House of Commons ought to stand up. I shall be very glad to go to a Division if the President of the Board of Education cannot give way. He is breaking with a long tradition of Parliamentary Grants by doing away with the per capita Grant. He is also doing away with a great deal of the control both of Parliament and of the local authority. It has always been a good thing for the local authority to be able to say, "We have got so many children, and if we only have places for them we get definite support for having brought them in." That has had a double effect. It has increased their vigilance in regard to school attendance. The truant and the dunce who are liable to become criminal children have been brought into school and have been looked after, and, if necessary, they have been sent to industrial and reformatory schools. They have been looked after from the very first, because it has been to the financial interests of the local authorities. In future it is not going to be to the interests of the local authorities to look after them. That is a very serious question, though, of course, a great deal will be said and a great deal can be said in favour of Block Grants from the administrative point of view, and also certain educational points of view. I like the principle of the Block Grants, but, on the broad democratic view of attempting to get a good education for all, with every child in its place and a place for every child, you are striking a great blow at that principle by doing away with the per capita Grants. You are doing away with a great principle of Parliamentary control. There are other points I might bring out. For instance, I might take certain localities, and show how it would work there. I am quite sure this is a new departure, which must be justified if it is going to be adopted. Therefore I have no hesitation in moving this Amendment, and I hope that either this Amendment will be accepted or some concession will be made in the same direction.

    I hope the President of the Board of Education will not accept this Amendment. I have come to the conclusion, after hearing many speeches from the hon. Member who moved the Amendment, that he must have had a very unfortunate experience of education authorities. I have known a great many, but I have never known any who have systematically neglected the education of any child simply for the sake of earning money. I look upon it as a very great slur upon education authorities that any Member of this House should suggest such a thing. My personal view is that this Clause has been very wisely fashioned. It has been introduced to meet a very great financial difficulty, and I, for one, as the chairman of a large authority, very cordially welcome it.

    I am very much surprised at the statements made by the hon. Member for North Somerset (Mr. King), because, if the interpretation he has placed on this Clause is correct, I am amazed that none of the local education authorities are up in arms against it. So far as I know, not a single education authority has protested in the slightest degree against the Clause. I am convined that if such an interpretation could be placed on the Clause my own local authority would have protested against it. Therefore, I am not prepared to support the Amendment.

    9.0 P.M.

    My hon. Friend who moved this Amendment desires, it seems to me, to perpetuate and even to extend the system by which Grants in respect of elementary education are based on the number of scholars in average attendance The Amendment seems to extend the system, because the first Sub-section of Clause 38 relates to both elementary and higher education, and the effect of the Amendment seems to be to set up average attendance or numbers on the roll, not only as one basis of calculating Grants, but also as the only possible basis of calculating Grants. That is not the case now, even in the realm of elementary education For example, Grants in respect of medical treatment have no relation whatever to the number of scholars in average attendance. There are several forms of Grants at present, and it is possible that there may be even more in future, which cannot be based upon the numbers in attendance. For example, Grants might possibly be made in aid of scholarships and maintenance allowances. My hon. Friend said that there was a great deal to be said for this system and a good deal to be said against it. I cordially agree with him that there is a good deal to be said against it. The minds of educationists all over the country have been moving during the last few years in the direction which is indicated by this Clause. The system which we are altering is one which has been found undesirable both on educational and on administrative grounds. After all, educationally the question in connection with Grants is not only the number of children who attend, but the excellence and efficiency of the education that is given to the children who do attend. There should be a power to assess Grants not only with reference to what an authority does, but also with reference to what an authority has left undone and to the efficiency with which it has done what it has undertaken to do. I do not lay so much stress upon the administrative objections, although those are very serious, and, I need hardly say, particularly serious in time of war. The existing system involves both centrally and locally an enormous multiplication of clerical labour, because the authority has to make the most elaborate and exact calculations of average attendance on which to base its claim, and the central Department, in turn, has to take efficient measures for checking the correctness of the claims. I remember that on the first day I went to the Board of Education I was taken to see the various Departments, and among other interesting things which I saw were a number of calculating machines. Let me assure the Committee that there is every possible need for the lessening of labour so far as possible by means of calculating machines in the Board of Education owing to the existing system. If I remember rightly, my hon. Friend in the course of his speech expressed some apprehension that the law of school attendance would not be enforced in future so well as it has been in the past owing to this change. May I draw his attention to the Supplementary Grant Regulations, the principles of which are similar to those which are adopted in this particular Clause? In those Supplementary Grant Regulations the Board have expressly mentioned that the efficiency with which the law of school attendance is administered is one of the matters to which they will have regard in future in assessing Grants, so that my hon. Friend need not fear that the Board of Education in making the Supplementary Grant Regulations and in administering them and the law as it will be under this Clause are not taking due care to see that some of the salutary features of the law of school attendance at the present time are preserved. Average attendance, after all, is and must remain an essential factor in the calculation of Grants for elementary education. All the old inducements to maintain a high average are preserved, and, in addition, an encouragement is given, by the new system of Grants, to a liberal expenditure upon those children who do attend, and that is one of the most important features of this Clause.

    The Amendment may, perhaps, be carried a little further than my hon. Friend intended. I do not think he has in mind a system of Grants based upon average attendance alone, regardless of all the other factors, both of the character of the locality and of the efficiency of the education that is given. What he attaches importance to is that average attendance should be an element in whatever formula is adopted for calculating the Block Grant. My right hon. Friend (Mr. Lewis) tells us that will be the case, and average attendance will remain an element. That seems to contradict to some extent what he said previously as to the disadvantage of throwing upon local authorities the great burden of maintaining statistics of average attendance and so forth.

    These statistics will, of course, be enormously reduced under the new system. It will not be necessary in future to enter into the elaborate calculations which have been required.

    All simplification is an advantage, of course, but the point of importance which my hon. Friend and some others have in mind is this: Hitherto it has been a statutory requirement, as I understand, that Grants shall be based upon average attendance. I think it appears in Statutes.

    I am speaking of elementary schools. Now for the first time that is being struck out, and the matter is being left to administrative regulation. There is a certain risk that some education authorities may become a little slack in the resolute enforcement of the attendance of the children, always a very unpopular and disagreeable thing, if they are entirely relieved from any financial consequences. I do not want to cast any reflection upon education authorities in general, and I do not suggest that this will be the rule, or that it will become widespread. But there are some education authorities here and there who do not have that zeal for education which the more progressive ones have. If they saw an opportunity of relaxing the rules of attendance or giving the children more excuses for staying at home, and not prosecuting where prosecutions were necessary, and if the effect of it would be in the first place that they would not have to provide quite so many buildings for their children, and, the average attendance being less, their capital charges might be less heavy, or might be postponed, and, at the same time, there was no alteration made in their annual Grant from the Board of Education, you might have a spirit creeping into the administration of some of these authorities which would be very deleterious to the education or the children. My right hon. Friend (Mr. Lewis) says "we shall keep a watch on this, and we shall not give Supplementary Grants if the local education authorities become slack in that way." It is very difficult to detect, unless you do it statistically, how far these excuses which are given to the children are really valid. So long as there is a very direct financial penalty falling upon the local education authorities, if their average attendance falls below a certain point, the thing regulates itself almost automatically, and you have not to depend on your system of inspection to try to detect tendencies of that kind. My right hon. Friend says, "in any case this is going to be done. We are going to keep average attendance as one element among others in the Block Grant." I do not think we wish for more than that. The only question is whether that ought not to be implied in the Statute itself. That is the whole question now at issue. I do not attach importance, neither does my hon. Friend (Mr. King), to the particular words that he has chosen. The question is whether it might not be desirable to insert in the Bill some words which would indicate that the House of Commons is seised of the importance of maintaining in perpetuity average attendance as one of the elements of the Grants which it pays.

    I am in complete accord with the desire of the right hon. Gentleman, as I am sure the whole Committee will be. As I understand it, he is particularly keen that there shall be no slackening in the efforts of the local authorities to administer stringently their attendance by-laws. In my view the Clause which the Government now proposes will do more to achieve what the right hon. Gentleman desires than existing legislation can do. Under existing conditions it is possible for an authority to be slack in administering its attendance by-laws and suffer some diminution of the Grant, which does not, as it were, inflict that penalty upon them that it should. It is not a sufficient deterrent. But, under this new Clause, the local authorities, under the Regulations which the Board may make for supplementary Grants, may make such a reduction in excess of what the loss would be under existing enactments as will make it worth the while of the authority to keep up to the mark, and will punish it more than it is punished to-day if it falls below a proper standard in administering its attendance by-laws. What I hope the Board will do in administering the Clause is to keep a very strict eye indeed upon the way the local authorities administer their attendance by-laws. If I understand the attitude of the Board aright, that they will most certainly do, for that has been their disposition, so far as I have been able to observe, in recent years. The right hon. Gentleman appears to think statistics will not be available to the Board from which to draw the proper deductions as to whether a local authority is doing its duty adequately in the matter of attendance. He need have no fear of that, for there must be an annual return to the Board, which must include the amount of the average attendance for each local authority in respect, no doubt, of each one of its schools. What the Board of Education is going to save centrally is this compilation of enormous statistics and their examination, which, I believe, must absorb an enormous quantity of valuable and highly-paid labour, in addition to what the machines do for the Board.

    What will happen locally is this: It will save the teachers and the local authorities an enormous amount of labour in compiling these statistics as the result of the Chinese puzzle of the present Grants in aid of English elementary education. We all know what the right hon. Gentleman is able to do in departmental work, and if he devoted his attention to this question of the multiplicity of Grants to local authorities for elementary education he would be astounded. There are about eight separate Grants. The whole thing requires, and has required for a long time, proper consolidation. It gets it for the first time under this Bill. That is one of the enormous advantages of the Bill. Administratively Clause 38 is one of its best features. I hope proper regard will be had to this subject of attendance, which is vital, but after some experience of education and of compiling the enormous quantities of statistics which the Board requires, naturally, for the proper assessment of this multiplicity of Grants, I believe this Clause is going to operate advantageously, not only centrally for the Board but locally, in diminution of the enormous labour which is absorbed in compiling statistics in respect of the multiplicity of Grants. I think the fears which have been expressed by the hon. Member for North Somerset and the right hon. Member for Cleveland are ill-founded, and I hope the right hon. Gentleman will carry on with this Clause and have it passed through with the remainder of the Bill.

    I am quite convinced by what the hon. Member who has just spoken has said that this Clause means a simplification and an improvement. We are quite convinced on that point; but the point which the right hon. Member for Cleveland put is, I think, a real one. I think the hon. Member who has just spoken has explained that everything really will depend upon the administration of the Board of Education. If they choose to insist upon strict observance of attendance everything will go well, and so long as my right hon. Friend is at the Board of Education I have no fears; but we are substituting for automatic pressure in the direction of keeping up the attendance at school an arrangement which is flexible but not automatic, and depends upon the administration of the Board. When there is a different regime at the Board of Education and a desire to cut down things in view of what are sometimes called the swollen education estimates, it seems to me that a simple way to do it will be for the Board of Education to allow things to go lax, and thereby to reduce the expenditure, and in that way you might get a scaling down. I am not quite certain whether it is really safe to leave the matter to the administration of the day rather than to statutory Regulations, which have hitherto safeguarded attendance at school. I think that is the real point of what my right hon. Friend was saying.

    I should like to supplement what has been said from the Front Bench opposite. All those of us who have had experience in our own areas know that one thing that has led school attendance committees to be diligent was the feeling that it was not fair to neglect school attendance. As one who has had to map out committees, I know the difficulty of getting people to serve on school attendance committees, and those of us who have had experience on the Bench know the great disinclination of country magistrates to convict and fine. The one thing that has appealed to the school attendance committees has been the feeling that it was not fair that the Grant should be lost through any negligence on the part of the authority in the performance of a disagreeable task. I rather lean to the view of the right hon. Member for Cleveland in his suggestion that we should have some indication in the Statute if we can. That is a practical argument that always appeals to us, not so much from the pounds, shillings, and pence point of view, but from the feeling that it is not fair that the Grant should be lost through dilatoriness in regard to school attendance.

    I am afraid I cannot accept the hon. Member's Amendment. We have to remember that this Section deals with education in general and not merely with elementary education. It deals with secondary education as well; so that if the point of the right hon. Member for Cleveland was accepted it would not really be met by the acceptance of the Amendment of the hon. Member for Somerset. I think, perhaps, the right hon. Member for Cleveland did not sufficiently realise the extent to which, under the Regulations for Supplementary Grants, regard is had to the factor of school attendance. That is a factor which is as accurately and as carefully calculated in assessing the amount of Grant as I think any purist or enthusiast in school attendance could desire. It is the full intention of the Board that school attendance should be made a factor in the calculation of Grant. It is an error to suppose that there is a general statutory guarantee under the existing state of things for elementary Grants based upon school attendance. There is, it is perfectly true, in respect of two elementary school Grants, the Aid Grant and the Fee Grant, such a statutory provision, but only in respect of those two Grants. I think the right hon. Member for Cleveland may be confident that the Board of Education will have due regard to school attendance in its administration of Supplementary Grants.

    Amendment negatived.

    The next Amendment, standing in the name of the right hon. Member for Glasgow University (Sir H. Craik)—at the end of Subsection (1) insert the words

    "and the Board of Education may require that as a condition of receiving such Grants, the authority shall pay salaries to their teacher not less than those shown on a scale to be prescribed from time to time"—
    is not in order here. The succeeding Amendment, in the name of the hon. Member for the North-West Division of Lanarkshire (Mr. Whitehouse), and other hon. Members—at the end of Sub-section (l) insert the words,
    "Provided always that the local education authority to whom such Grants are payable gives no privilege or differentiation of salary to any teacher on the grounds of sex"—
    cannot be dealt with here at all. If the point it raises were to be dealt with it is outside the scope of the Bill to deal with it here.

    I beg to move, in Sub-section (2), to leave out the words,

    "Subject to the Regulations made under the next succeeding Sub-section."
    I do so not in any hostility to the Bill, as representing the municipalities of the Kingdom, all of whom are very warm supporters of the Bill and desire to make it as complete as possible. In their opinion, however, this Clause as it stands with the words which I propose to delete would allow the Board of Education to make Regulations which would override the provisions of the Clause. It is of great importance to the municipalities that the Clause should be quite clear as it provides for the minimum grant of one half the education committee's expenditure. I am sure the education authority do not wish to override the municipalities, but wish in every way to treat them fairly. There are certain Amendments which I propose subsequently to move, but even if the alterations were made the education authorities would have power to override the provisions of the Clause if the words which I am proposing to leave out were allowed to remain in the Clause. As the Clause at present stands the Grant by Parliament will be based on the expenditure of the two years previously. I venture to think that that is hardly a fair method of dealing with expenditure, and I propose to ask in subsequent Amendments that the Clause shall be altered by basing the Grant on the expenditure of the year, instead of the expenditure of the two years previously. We must all be of opinion that the two years previously would afford a false basis on which to found the Grants of this Education Bill. I will, therefore, move the first of my Amendments.

    I do not know whether the hon. Member who moved this Amendment has had an opportunity to acquaint himself with the Amendments which stand in my name to a later part of the Clause, but I have drafted these Amendments with a view to meeting his point of view, and if it be in order I will now explain my Amendments, which I think cover the point he had in view, and which, as a matter of drafting, are more acceptable to the Government. I take it the hon. Member's principal anxiety is to revise the system of calculation so that the Grants shall be payable in respect of the expenditure in the year in question.

    And it is the point aimed at by my Amendment. The intention of the Board is that the Grants payable within each year should be such as comply with the provisions of the Sub-section as to their minimum amount. It has, however, been pointed out that the Clause as drafted gives only the assurance that the Grants should be paid in respect of the year, and that a considerable time may elapse before the total amount can be arrived at in respect of that year. It is proposed therefore to alter the words so as to make the condition applicable to the sums payable within the year. The Amendment has this further advantage, that the period for which the subsequent Grants are made are not uniform. Some Grants are in respect of the financial year, and others in respect of the academic year, and while this difference between the Grants continues it is impossible to arrive at any true total of the Grants payable in respect of the financial year. The amount payable in the financial year is easier ascertained, as my Amendment makes the minimum condition applicable to the sums payable in the year rather than to the sums paid in the year. Under the present system there is a slight overlapping from one financial year to another, and I think my Amendments will provide a more steady basis for reckoning the Grant which can be more easily forecast. I may say that the whole of the ordinary Grants for elementary education have already for many years past been reckoned on this basis, and it is done for the purpose of calculating the new Supplementary Grants. The basis is one which is very well understood by the local education authorities, and I therefore submit that my Amendments will really meet the point raised by the hon. Member.

    I desire to support the Amendment moved by my hon. Friend, but I gather from the right hon. Gentleman that he considers his own proposals meet the wishes of my hon. Friend in a form more satisfactory to himself, and if that be the case probably my hon. Friend will not think it necessary to press his Amendment.

    I have some information which may help the Committee to understand the right hon. Gentleman's Amendments. In the case of my own authority in the financial year ending 31st March, 1917, Grants amounting to £11,712 were received in the year 1917–18, and for the financial year 1917–18 Grants amounting to £21,332 were received in the year 1918–19. If the figures were taken as applying to the expenditure of the year in which they were paid, it would affect the latter amount to the extent of some thousands of pounds. I think the right hon. Gentleman is suggesting an improved method of calculation.

    The suggested Amendments of the right hon. Gentleman deal quite satisfactorily with the question of period, but they do not touch the point raised by the hon. Member for Liverpool (Sir J. Harmood Banner) on the subject of the Regulations made in the Subsection, which lays it down that moneys provided by Parliament out of the local taxation account shall not be less than one-third of the net expenditure. The insertion of the first line of the Subsection leaves it an open question whether the Board of Education may not alter the whole effect of the Regulation and so deprive the local education authority of the money intended to be provided for it by Parliament.

    I think it is quite clear that the efficiency Grant must be calculated in accordance with certain Regulations, and consequently in the Clause establishing the efficiency Grant there must be some reference to the Regulations in accordance with which the Grant is to be calculated. The general character of these Regulations is indicated in Sub-section (3), and I do not see how the local education authority can have a more complete form of guarantee than that provided by the Clause.

    I am satisfied with the explanation of the right hon. Gentleman, and beg to ask leave to withdraw my Amendment.

    Amendment, by leave, withdrawn.

    I beg to move, to leave out the word "and" ["Parliament and"], and to insert instead thereof the words "exclusive of the sums paid out of."

    The object is to exclude in the calculation the amount paid out of the local taxation account, commonly known as the whisky money, which is the proceeds of certain additional Customs and Excise duties on spirits which were directed by the Act of 1890 to be carried to the local taxation account. The sum was originally used for technical education, and is now used for higher education, and if the right hon. Gentleman would meet us by letting us have this whisky money I shall be exceedingly obliged.

    I am afraid that I am unable to accept this Amendment. The deficiency Grant is strictly related to the expenditure on education. The whisky money has nothing to do with expenditure on education. This amount is determined by quite different considerations, and the effect of this Amendment would be that while one authority would get 50 per cent. of its net expenditure another authority would get a far larger percentage.

    Amendment negatived.

    Amendments made: Leave out the words "so paid," and insert instead thereof the words "payable out of those moneys."

    Leave out the words "respect of."

    After the word "paid" ["shall be paid"], insert the words "by the Board of Education."

    In Sub-section (3), after the word "ascertained," insert the words "and paid."—[ Mr. Fisher.]

    Clause, as amended, ordered to stand part of the Bill.

    Clauses 39 ( Power to Constitute Official Trustees of Educational Trust Property), 40 ( Exemption of Assurance of Property for Educational Purposes from Certain Restrictions under the Mortmain Acts), 41 ( Appointment of New Trustees under Scheme), 42 ( Definitions), 43 ( Extension of Certain Provisions of the Education Acts), and 44 ( Repeals) ordered to stand part of the Bill.

    Clause 45—(Short Title, Construction Extent, And Commencement)

    (1) This Act may be cited as the Education Act, 1918, and shall be read as one with the Education Acts, 1870 to 1916, and those Acts and this Act, may be cited together as the Education Acts, 1870 to 1918, and are in this Act referred to as "the Education Acts."

    (2) This Act shall not extend to Scotland or Ireland.

    (3) This Act shall come into operation on the appointed day, and the appointed day shall be such day as the Board of Education may appoint, and different days may be appointed for different purposes and for different provisions of this Act, for different areas or parts of areas, and for different persons or classes of persons.

    Motion made, and Question proposed, "That the Clause stand part of the Bill."

    There is a great number of emendations to other Acts which have now to be cited in this Bill, which, when an Act, will have to be construed with other Education Acts. I have frequently asked Departments to be good enough to codify and consolidate their Acts, and the Education Acts are now getting into such a tangle that an ordinary person finds it extraordinarily difficult to put them together. We have had to deal with Clauses in this Bill, the meaning of which we could not tell until we looked up three or four Acts of Parliament. I am certain that my right hon. Friend would sympathise with my desire to get this law written down in a clear form. Possibly he might consider whether, without putting undue strain on an overworked Department, he could make some arrangement at a later date to consolidate and codify the law on the subject, so that it might really be clear.

    May I ask the right hon. Gentleman whether a married woman could be a "young person" within the meaning of this Bill?

    On the point which has been raised by the hon. Member for Lincoln (Mr. C. Roberts), I may point out that codification is always a very long and very elaborate process, but we have found, in reference to other Acts of Parliament, that it was very convenient for the Government to issue a Command Paper, giving the portions of previous Acts that were still in force; and if that could be done with the Education Acts, it would be of very great assistance to us.

    I regret that I was not here when the Clause was called. I had put down an Amendment which was the result of an agreement arrived at earlier in the Committee stage, and I understood that the right hon. Gentleman would accept it in a slightly altered form.

    I apologise to the right hon. Gentleman. I fully intended to move the Amendment, but we proceeded so rapidly that the Clause was through before I had time to rise. I will promise that it will be inserted on Report.

    Sub-section (3) of this Clause provides that this Act shall come into operation on the appointed day, and the appointed day shall be such day as the Board of Education may appoint. Local education authorities are clamouring to know when this Act is likely to come into operation, because they have a great deal of administrative machinery to build up before they can administer this Act, and under this Clause it rests entirely within the discretion of the Board of Education to decide when the appointed day shall be. I suggest to the right hon. Gentleman that he should indicate the earliest possible moment what day he has in mind for bringing the Act into operation, in view of the fact that the Bill is, likely to become law at an early date—at any rate in the course of this Session. I hope that if the right hon. Gentleman is not prepared to give an indication to-night, he will do so at the earliest possible moment, in the best interests of those who have to administer the Act after it is passed.

    I quite appreciate the anxiety expressed by the hon. and gallant Member that some indication should be given to the local education authorities at the earliest possible opportunity as to the date at which the Act, or portions of the Act, will come into operation. It is quite clear that it is very desirable that some portions of the Act should come into operation at once, notably the financial portions just passed. We know there is anxiety on the part of the educational authorities that the financial Clauses should come into operation at once. On the other hand, there are Clauses such, for instance, as the Clauses relating to school attendance, which may not come into operation until the end of the War, and the Clause as to continuation schools, which may not come into operation until the local education authorities have had sufficient time to prepare their schemes. Consequently I am not able to give a definite indication as to the date, because it is quite clear that different parts of the Act must come into operation on different dates.

    Am I to understand the right hon. Gentleman that the only part he can say for certain will come into operation at once—and I presume he means by that after the Act has passed through both Houses and received the Royal Assent—will be that part which relates to finance?

    Will the right hon. Gentleman take into consideration the various Amendments in connection with those exempted from the continuation school for a sea-faring life?

    In the case of the Act of 1902 there was a date fixed, after eighteen months, for the Act to come into operation. It is quite clear that the Board must have greater freedom, owing to the War, than was given in connection with the Act of 1902, the circumstances now being abnormal. Still, I think it would be a great help to the authorities if some indication of a comprehensive character of what Clauses are to come into operation at once were given, and of what Clauses the operation is to be postponed. I do not want the right hon. Gentleman to do that to-night, but perhaps he can give us some assurance that before the Bill leaves this House he will give a general indication of what Clauses are to come into operation at once, and what Clauses are likely to be postponed for a considerable period?

    I shall have no difficulty in giving an indication of a general character.

    Can the right hon. Gentleman say anything about the matter to which I have referred, and on which there was a very long discussion?

    I am sorry I did not answer the hon. Member's question. He perhaps recollects that the Government did accept an Amendment dealing with the subject. It was an Amendment, if I remember aright, inserted in Clause 10 of the Bill, and we are in a fair way to arrive at a scheme which will carry out the provisions of that Amendment, if it becomes law.

    Question put, and agreed to.

    Committee report Progress; to sit again To-morrow.

    Summary Jurisdiction (Ireland) Bill

    Order for Second Reading read.

    Motion made, and Question proposed, "That the Bill be now read a second time."

    In view of the fact that we have reported Progress so early, in view, also, of the fact that the President of the Board of Education, only a few moments ago, said progress had been so rapid that he had forgotten an Amendment of mine, and in view of the further fact that there is no Member from Ireland present, I submit that really this Bill ought not to be taken now. I do not know what it is about, and I do not think anybody does.

    This is a quite unopposed Bill, and is merely to make a statutory Amendment.

    The Bill is to give jurisdiction to try offences in a portion of the county of Dublin. It is at the request of the magistrates that this Bill has been introduced, and I do not think there can be any objection to it.

    Question put, and agreed to.

    Bill accordingly read a second time, and committed to a Committee of the Whole House for Monday next.—[ Mr. J. Hope.]

    The remaining Orders were read, and postponed.

    Whereupon Mr. DEPUTY-SPEAKER, pursuant to the Order of the House of the 13th February, proposed the Question, "That this House do now adjourn."

    I have again searched in the Vote Office for the Report of Mr. Justice Atkin's Committee, but it has not yet arrived, and I take it that the Motion will, at least, not be taken before Thursday, and probably not before Monday. I wish also to ask whether the Eleven o'Clock Rule will be suspended to-morrow, whether it is the wish of the Government to dispose of the new Clauses and the Schedules of the Education Bill, and, if so, does that mean that we shall have a holiday on Friday?

    If we finish the new Clauses and the Schedules to-morrow, there will be no Friday sitting. With regard to Mr. Justice Atkin's Report, I am afraid it is still wanting. I cannot find it.

    Question put, and agreed to.

    Adjourned accordingly at Four minutes before Ten o'clock.