House of Commons
Wednesday, June 2, 1920
Private Business
Irvine Harbour Order Confirmation Bill,
Land Drainage (Ouse) Provisional Order Bill,
Read the Third time, and passed.
Dumbarton Burgh Gas Order Confirmation Bill,
"to confirm a Provisional Order under The Private Legislation Procedure (Scotland) Act, 1899, relating to Dumbarton Burgh Gas," presented by Mr. MUNRO; and ordered (under Section 7 of the Act) to be considered to-morrow.
Oral Answers to Questions
India
Census Report
asked the Secretary of State for India whether the Government of India has undertaken to distinguish between Sunnis and Shiahs and to give a rough approximation of the comparative numbers of Mohammedans descended from converts from Hinduism in the next Census Report?
As promised in the reply I gave on the 24th March to a question asked by my hon. Friend, I transmitted his suggestion to the Government of India for their consideration. I have not yet heard whether they propose to adopt it in the next Census.
Will the right hon. Gentleman kindly ask, as this is a matter of great importance, and the information has often of late been sought in vain.
Yes.
Amritsar Disturbances (Hunter Report)
asked the Prime Minister when a discussion will take place on the Hunter Report on the disturbances in the Punjab?
It has been arranged that the Vote on the salary of the Secretary of State for India shall be taken on Thursday of next week.
Afghanistan
asked the Secretary of State for India what is the present state of the relations between Great Britain and Afghanistan; and if he has any information as to what are the present relations between that country and Soviet Russia?
The House is aware, from the statement published on the 13th April, of the circumstances that led to the conference between British and Afghan representatives at Mussorie. The conference has not yet been brought to a conclusion. Until its results are known, I do not think it advisable to make any statement on the lines suggested in the question.
May I ask whether an Armistice still exists between this country and Afghanistan, or whether we are at peace with Afghanistan?
Peace was signed last year. The conference now proceeding is to discuss misunderstandings which have arisen since.
Are the discussions now proceeding, and has the conference met again, or is it still in suspension?
I told my hon. and gallant Friend a few weeks ago the conference was interrupted for reference to the two Governments, but I understand it has now been resumed.
Ex-Service Men
Devonport Dockyard (Discharges)
asked the First Lord of the Admiralty whether he is aware that the Devonport Dockyard Com- mittee has issued instructions to the effect that all ex-service men in receipt of a disability pension of over £1 per week are to be discharged from the dockyard before non-service men who entered before the Armistice and non-service men who entered during the War; and, seeing that this is a complete reversal of the Government's policy, what steps he proposes to take in the matter?
No such instructions as those referred to in the hon. and gallant Member's question have been issued at Devonport. I am forwarding to him a detailed statement giving the Admiralty instructions relative to the order of any necessary discharges.
Do I understand that men will not be discharged simply because they have disability pensions?
Certainly, but I am sending my hon. and gallant Friend full particulars as to the order of discharge.
Do I understand that this rule is to be applied all round?
rose —
I will send my two hon. Friends also full particulars.
Out-Of-Work Donation
asked the Minister of Labour whether any further scheme is to be brought into operation for providing out-of-work donation when the present scheme terminates at the end of July, and the coming into operation of the Unemployment Insurance Bill?
I am watching the situation very carefully, but I am not in a position to make a statement. I should add that donation will, in any event, continue after that date in a number of cases under the original scheme, under which donation is payable up to a certain number of weeks during the twelve months following the personal demobilisation of the ex-Service man or woman concerned.
Land Settlement (Scotland)
asked the Secretary for Scotland whether he can state how many acres have been acquired in Scotland for land settlement under the Land Settlement Act, 1919; the total cost of the land acquired; the number of ex-soldiers who have been settled on the land; and the average rental per acre at which the land has been let?
The Land Settlement (Scotland) Act became law on the 23rd December, 1919. Since 1st April, 1919, when the financial provisions of the Act became operative, the Board have acquired 17 estates (mainly arable) extending to 18,046 acres (including a gift of 167 acres and 2,513 acres leased or feued) at a cost of £367,677, together with rents or feu duties amounting to £2,387 per annum; and seven estates (mainly pastoral) extending to 205,69a acres at a cost of £157,350. 136 ex-service men have been settled on these lands. The average rent, in so far as at present fixed for the land with existing equipment, is approximately 26s. per acre (arable), and 1s. 9d. per acre (pastoral).
Royal Navy
Welfare Committee
asked the First Lord of the Admiralty whether he can now state when the Report of the First Welfare Committee and the Admiralty decision thereon will be promulgated to the Fleet; if it is the intention of the Admiralty to institute further meetings of the Welfare Committee; and, if so, when they will be held?
The Report of the First Welfare Committee is still under consideration, and it is not yet possible to say when decisions on the questions raised will be arrived at. The next Welfare Committee will assemble in October next, and this decision has been promulgated to the Fleet.
Can we have an assurance that the Report and Admiralty decision on the First Welfare Committee will be available to the Fleet before the Second Welfare Committee's election takes place, or the Second Welfare Committee is summoned?
I think so, certainly.
Russia
British Naval Mission, Baku
asked the First Lord of the Admiralty whether he can make any statement as to the members of the British naval mission captured by the Soviet forces at Baku; whether they are still held as captives and hostages; whether any negotiations have taken place or are taking place for their release; and, if so, with what result?
With reference to the first portion of the question, the British Naval Mission captured by the Soviet forces at Baku consisted of 5 officers and 26 ratings. They are reported to be detained three miles outside Baku, and as having been seen playing football by three Italian commercial men who left Baku on 20th May, 1920. The Foreign Office are taking steps to obtain their release, but, up to the present, with no result.
In the circumstances, is it still the intention of His Majesty's Government to continue negotiations with people who are keeping our men in prison?
That is a matter of policy beyond me.
Why was this mission sent to Baku?
That hardly arises out of this question.
Does the hon. and gallant Gentlemen know anything about civilian prisoners recently taken by the Bolshevists?
I was not aware of it. I will make inquiries.
Black Sea (British Naval Operations)
asked the First Lord of the Admiralty the occasions on which towns, villages, and buildings have been bombarded by His Majesty's ships and naval aircraft in the Black Sea during this year; what was the object of the bombardments; and whether warning was given beforehand to enable non-combatants to be removed?
With regard to the first and second portions of the question, there is nothing to add to the reply given to the hon. and gallant member on 28th April, 1920, with the exception that on 7th February, His Majesty's Ship "Ajax," whilst covering the evacuation of refugees from Odessa, fired a few rounds of shrapnel high over the suburbs. As regards the last part of the question, the answer is in the affirmative; so far as is known, opportunity is always taken, when circumstances permit, to warn non-combatants.
Persia
asked the Under-Secretary of State for Foreign Affairs what is the strength of the detachment of Indian officers and men now at Tabriz; and whether he has any information he can communicate regarding the situation in that city?
The force at Tabriz is a small one. The situation there is not at present in any way alarming, and no rising has taken place recently.
British Army
Bands (London Parks)
asked the Secretary of State for War what are the conditions under which Army bands play in the Royal parks in London; if these bands would be permitted to play in some of the other parks in London so that crowded and working-class districts in London could have an opportunity of hearing these bands; and if his Department will consider favourably applications from the London Parks Authority on the subject?
One band of the household Cavalry or Brigade of Guards plays every Sunday during the summer in both the Green Park and Hyde Park, at the request of the Office of Works. It would not be desirable, and would be to the detriment of military duties, if the custom were widely extended. If, however, application were made for a band to play in a particular park, it would be considered and, if possible, met.
Surely the right hon. Gentleman will admit that these bands require certain practice. Would it not be to the advantage of the public generally if this practice were given in public?
There is nothing I can add to the answer which I have given.
Territorial Army
asked the Prime Minister when the Bill providing for the organisation of the Territorial Force will be introduced?
My right hon. Friend has asked me to reply. I have nothing to add to my answer to the hon. Member on the 10th May.
When will my right hon. Friend be able to give any indication as to when this Bill is to be introduced: is he aware that the last time he answered he said he would be able to reply after the Whitsuntide Recess?
Well, the matter is under consideration at the present time: I cannot give a date.
Will the right hon. Gentleman promise not to buy any more uniforms until obtaining the permission of this House?
Transport
Fish Distribution
asked the Minister of Transport what steps are being taken to improve the arrangements for distributing fish from the coast ports to the inland districts during this summer?
The Ministry of Agriculture and Fisheries, after consultation with the Ministry of Transport, is in communication with the Trade Associations representing fishing interests for the purpose of obtaining information as to their difficulties, and of arranging a conference to explore the possibilities of improving the distribution of fish. An early meeting between the two Ministries and the Associations is proposed. If any hon. Members desire to attend this conference, and will communicate with me, I will inform them of the time and place. The Minister of Agriculture and Fisheries has sent an inspector to examine the situation at Hull.
Is the hon. Gentleman aware that warning was given of this congestion of fishing traffic last year, and why are the Departments concerned only now taking steps to deal with it?
I am not able to answer that question. No warning was given to me.
Is the hon. Gentleman aware of the very serious nature of this complaint? The trade is suffering very seriously, and will be brought to a standstill if something be not done.
I am aware that statements have been made indicating a somewhat serious position of affairs. It is with a view to ascertain the extent of that, and the possibility of remedying it, that this conference is to be held at the earliest date.
Is it not a fact that one of the great difficulties today is the shortage of necessary railway vehicles? If that were taken in hand, would not this congestion largely disappear?
I am not able to say whether there is a shortage of the particular class of vehicle required for this traffic.
Rolling Stock (Sales to Foreign Countries)
asked the Minister of Transport how many British locomotives and wagons have been disposed of to other countries since the Armistice, and to which countries; how many more are earmarked for disposal to other countries in the future; and how is this rolling stock being paid for?
I have been asked to reply. So far as the Disposal Board is concerned, 5,600 wagons have been sold to the French Northern Railway Co.; 18,000 wagons and 260 locomotives to the Belgian Government; and a certain quantity, of which I have at present no particulars, to the Greek Government. Of the above, 3,000 wagons and 35 locomotives were captured German vehicles. No further rolling stock has been assigned by the Board for sale to any foreign country. Payment in respect of the sales to the Northern Railway Co. has been made through Army accounts. Payment by the Belgian and Greek Governments is being made under arrangements sanctioned by the Treasury.
Is this railway stock unsuitable for British railways, and, if not so, why has it not been brought over?
Of course the Disposal Board sell only what they are told to sell by the Department who possess stock, but I believe the greater portion is unsuitable for British railway traffic. I will not say it all is.
Are we to understand from that that the Ministry of Transport requested the Ministry of Munitions to sell stock suitable for British railways?
I do not know this ever reached the Ministry of Transport. It would be under the control, presumably, of the Army, but the Ministry of Munitions can only sell material handed over to them by some other Government Department.
Will the Leader of the House see that the Ministry of Transport has an opportunity of seeing the material dealt with for disposal before it is finally sent away?
I shall certainly look into the question referred to by the hon. Gentleman.
Was not a great part of this material sent over to France from this country?
As a matter of fact, I believe a great proportion—I cannot say exactly how much—was sent over to France by America for their own purposes. But that question hardly arises. I would repeat that the Ministry of Munitions only sell what they are asked to sell; they have no further responsibility in that respect.
Railways (Wear and Tear)
asked the Minister of Transport whether any payment on account, or in settlement, has been made to the railway companies for extra wear and tear on railways, which was suggested on Command Paper 147, dated 30th April, 1919, and signed by Sir Auckland Geddes, Sir Albert W. Wyon, and Sir William Plender, might amount to £40,000,000 up to 31st December, 1918; and whether particulars of how this amount is made up can now be supplied?
The answer to the first part is in the negative. As regards the second part, the Government Accountants stated that the cost could not be estimated with any degree of accuracy and that there were factors tending to reduce their estimate. In present circumstances it is not possible to ascertain the extent to which the railway companies may be able to establish claims for abnormal wear and tear due to control.
Before any payment be made on account of this huge sum, £40,000,000, may I inquire whether the whole matter will be brought before the House for consideration?
I do not know that I can give that undertaking. The financial arrangements between the Government and the railway companies provide how these matters shall be adjusted.
Peace Treaties
German Indemnity
asked the Prime Minister whether the commission of experts set up at the Hythe Conference has yet fixed the amount of the German indemnity?
The hon. Member is under a misapprehension. The Hythe Conference did not establish any new financial commission. It referred certain proposals which had been discussed between the French and British Ministers to two experts—one French and one British—for further examination with instructions to report for the information of the French and British Governments. These experts have not yet reported, and it is no part of their duty to fix the amount to be paid by Germany.
Are we to have that Report shortly?
I am not at all sure that this is a Report which will ever be made public. It is a Report simply meant for the information of the Members of the two Governments who are conducting the negotiations.
As an arrangement was come to there that the British indemnity should be paid at a certain ratio to that of France, should we not know something?
That has nothing whatever to do with this arrangement. It was an arrangement made, first of all, with the Clemenceau Government, and that was confirmed by the present French Government.
Do the terms of reference to these experts include the amount and the method, and are we to have any knowledge on the subject?
I cannot say. They were not appointed with any idea of making a public report. They were appointed for the purpose of giving information to the replies of the Government who are conducting the negotiations. It may be possible to publish the Report. I cannot say.
Are we to understand that it is the intention of the Government to qualify the terms of the Peace Treaty in any way without asking for any direction from this House?
The appointment of these gentlemen has nothing whatever to do with any question of agreement.
Is it true that at Lympne it was decided that if Germany does not fulfil the Peace Terms, we are to share in a further occupation of German territory.
That does not arise out of the question.
Armenia
asked the Prime Minister whether President Wilson has accepted the invitation to delimit the boundaries of Armenia under the Turkish Treaty?
The answer is in the affirmative.
Turkey
asked the Prime Minister when the Treaty of Peace is likely to be signed with Turkey?
I regret that it is not possible to forecast the date at present.
Will the right hon. Gentleman say whether the United States have accepted the mandate for Armenia?
They certainly have not done so yet.
Will it be before the 30th of July?
It does not depend upon this Government. As the hon. Member probably knows, the Turkish Government have made a request for a longer time. Whether it will be granted or not, I do not know.
Will my right hon. Friend look into the question of the War Pensions Bill, where the end of the War is put down as July 30th?
Adriatic
asked the Prime Minister whether he can make a statement as to the present position of the Adriatic negotiations?
Owing to the Italian Cabinet crisis, the Pallanza negotiations were suspended. There is, therefore, nothing that I can say at present on the subject.
Questions
Licensing Bill
asked the Prime Minister when the Bill dealing with the liquor traffic will be introduced?
I am not in a position to give the date.
Can my right hon. Friend say whether this Bill will be introduced before we rise in August?
Certainly; we intend to introduce and to pass it this Session.
Can the right hon. Gentleman say when we may hope to know that the Liquor Control Board is going to be abolished?
Fishing Industry
asked the Prime Minister when the Bill for the encouragement of the fishing industry will be introduced?
I regret that I am not yet in a position to add anything to my previous replies on this subject.
May I ask the Leader of the House, in view of that answer, when he will be able to make a statement in regard to the general question of the introduction of these Government Bills?
We have not yet reached the stage of the Session when it is necessary to say what we expect to carry, and what we do not.
Church of Scotland
asked the Prime Minister whether his attention has been called to the fact that the Draft Articles Declaratory of the Constitution of the Church of Scotland in Matters Spiritual, to which it is proposed to give legislative effect, would set the Church free by a majority to change its government, doctrine, and worship, even to the extent of abandoning Presbyterianism, and becoming Episcopal, without the State having any voice in the matter, and at the same time to retain all the privileges and emoluments of an Established Church; and whether, in view of the fact that such legislation would render it possible for the funds which are the religious patrimony of the Scottish nation to be diverted from their present object without the consent of the State and devoted to the support of the religious views of a body which might by successive schisms be reduced to a small section of the nation, he will appoint a Committee to inquire into and report upon the nature and effect of these articles?
The Government are aware that a decision in regard to legislative proposals will necessarily include consideration of the criticisms indicated by my hon. Friend, but I am not prepared to accept his suggestion as to the appointment of a Committee of inquiry.
Is my right hon. Friend aware that no criticisms are embodied in the question: does he dispute that the Articles have the effect described in the question?
I do not dispute it, but I should be very sorry to admit it.
If it is proved to the satisfaction of the right hon. Gentleman that the Articles are correctly described in the question, will that modify his attitude towards the Bill?
I do not think it will be possible to do that.
Is the right hon. Gentleman aware of the feeling in Scotland on both branches of this subject mentioned in the question, namely, the Articles and the Endowments, that they should be treated in one Bill, so that the public can follow the matter and see exactly where we stand?
I do not know why my hon. and learned Friend speaks of the feeling "of" Scotland—
In Scotland.
Inasmuch as the two Assemblies specially affected here made it perfectly clear that they do not share that view.
Is the right hon, Gentleman aware that neither the Established Church nor the United Free Church Assemblies have laid it down that they do not share the general view that the subject should be treated in one Bill—that was the only point in the question?
I think my hon. and learned Friend is mistaken. The view of the Church of Scotland is well known. A resolution of the United Free Church contains words to this effect: "Hope that Parliament will carry the Bill."
Is my right hon. Friend aware that the Bill they hope Parliament will carry is a Bill not merely confined to the Articles, but a Bill taking up the whole position, Articles and Endowments?
That may be the intention, but that is not what they say.
Water Power
asked the Prime Minister when the Bill dealing with the development of water power will be introduced?
I have been asked to reply. I understand that the Water Power Resources Committee expect shortly to make a Second Interim Report, and it has been thought desirable to defer the introduction of a Water Power Bill until the Government have had an opportunity of considering that Report.
Military Missions
asked the Secretary of State for War how many military missions are in various parts of the former Russian Empire and in other countries; and what is the composition of each of these missions?
The number of British Military Missions in the former Russian Empire is three, and in other countries three. The composition of each mission is as follows:
In view of the fact that the Government is protecting the Baltic from a possible attack from the Soviet Government, will the military missions be withdrawn?
I understand that these missions are required for the purpose of information very largely, and I do not think it would be possible to withdraw them.
Will the right hon. Gentleman say why 389 men are required in the Black Sea for giving information to this country?
I was referring to missions in Warsaw and the Baltic States. The mission in the Crimea is on a different footing, and it has been reduced.
Is it intended that this large mission in the Crimea is going to be evacuated, or will it be kept on? Why is it still there?
A statement has been made that it has been reduced. I cannot say that it will be entirely withdrawn.
Engineering Draughtsmen and Designers
asked the Secretary to the Treasury what is the approximate number of mechanical engineering draughtsmen and designers continuously employed in Government Departments other than the Admiralty; what percentage of such officers are established; and to what Department are these Civil Service establishment posts allocated?
With the hon. Member's permission I will circulate the reply in the OFFICIAL REPORT.
The following is the reply referred to:
The number of mechanical engineering draughtsmen and designers continuously employed in Government Departments on the 1st May, other than the Admiralty, was as follows:—
Department. Numbers. Percentage established. Air Ministry 140 11 Munitions 284 6·3 General Post Office 47 63·8 Science and Research 12 nil. War Office 27 7·4 Office of Works 25 — Transports 2 —
Bar Council (Privilege)
asked the Attorney-General whether the Law Society grant as privileged a complaint lodged by a member of the public regarding the professional conduct of a solicitor, whereas the Bar Council refuse to treat as privi- leged a complaint made by a member of the public against a barrister's professional conduct; if so, whether this action of the Bar Council deprives the public of protection to which they are reasonably entitled; and whether he can take any action in the matter?
This question seems to arise out of a mistake. The law relating to privileged communications is not in any sense in the control either of the Law Society or of the Bar Council. They cannot grant privilege, nor can they take it away. No action of the Bar Council deprives the public of reasonable protection, nor are any steps required in the matter.
Will the right hon. Gentleman say whether persons in the position described in the question are privileged or not?
I should think that, upon the whole, a complaint made to the Bar Council with reference to a barrister's professional conduct is a privileged communication in the sense that it has qualified privilege, but a qualified privilege is got rid of by proving actual malice. I do not know whether the hon. Member thinks that communications which arise out of actual malice should be protected.
Law Officers (Salaries and Fees)
asked the Attorney-General what was the total amount received as salary, fees, and expenses by the Attorney-General for the year ending 31st March, 1920; and what was the amount of salaries, fees, and expenses received by the Solicitor-General during the same period? I addressed this question to the Prime Minister and it has been altered by somebody else.
The figures for the period referred to are, I am informed, as follows:—Attorney-General, salary £7,000 and fees £15,972, of which £3,439 represented fees earned in the preceding financial year; Solicitor-General, salary £6,000 and fees £6,901. The question appears to assume that the Law Officers of the Crown receive an allowance for expenses. That, however, is not the case. Perhaps I should add that in connection with the legal work of the Peace Conference, for which the Law Officers declined a fee, they shared in Paris, pre- cisely as other members of the British Delegation shared, the hospitality of the Government.
Who determines the question as to the necessity of the Attorney-General and the Solicitor General appearing in cases where fees outside their salaries are paid?
That matter is the subject of a Treasury Minute made many years ago.
As a matter of fact, do not the right hon. Gentlemen themselves determine as to what amount their income should be outside their salaries?
Not in the least. Neither my right hon. and learned Friend the Solicitor-General nor myself has a word to say on the amount of fees.
Is the figure given by the right hon. and learned Gentleman a greater or a less sum than would probably be received by barristers in private practice of equal eminence?
That is a very difficult question to answer, but, forming the best estimate I can, I should think that a barrister in private practice would probably receive at present twice the fees for work of a similar amount and difficulty.
Having regard to the fact that much of this work relates to war legislation, would this money be regarded as war profits, and is Super-tax paid upon it?
I do not answer the first part of the question, but as regards the second part I have a painful recollection that Super-tax is paid upon it.
Finance Bill
Income Tax and Excess Profits Duty
asked the Chancellor of the Exchequer whether inspectors or collectors of Income Tax and Excess Profits Duty are paid a commission on the amounts they collect; and can he say to what extent, if any, their promotion or remuneration depends on the revenue from these taxes obtained in their various districts?
The answer to the first part of the question is in the negative. As regards the amount of tax having any influence either on remuneration or promotion, the answer is also in the negative.
Is the hon. Gentleman aware that many business firms have been greatly inconvenienced lately by reason of the very unnecessary details which produce nothing to the Exchequer which they are asked to furnish before they are assessed for Income Tax and Super-tax?
:I am not aware of that.
Will the hon. Gentleman inquire? There is a widespread feeling among business people that the exactions of the tax gatherers are getting beyond all limit.
Anti-Dumping Bill
asked the Prime Minister when the Anti-Dumping Bill will be introduced?
I cannot at present name a time.
Minimum Wages
asked the Prime Minister when the Bill fixing minimum wages will be introduced.
I have been asked to reply to this question. I can only repeat what I said in reply to my hon. Friend the Member for Derbyshire, West, on 19th May last, that I am unable at the present stage to say whether the state of public business will permit of the Minimum Rates of Wages Commission Bill being passed into law this Session.
Is the right hon. Gentleman aware that this Bill was promised in the King's Speech this year, and are we to have another broken pledge?
The hon. Member must not assume that. We are well aware of the promise.
Will the right hon. Gentleman say whether it remains part of the policy of the Government to pass legislation on this matter?
Yes, certainly.
Indemnity Bill
( by Private Notice ) asked the Leader of the House whether in view of the importance of the Indemnity Bill, and of the extent to which certain persons and companies would be particularly affected by its provisions, he will take the necessary steps to ensure that the Select Committee shall have power to invite such persons and companies to appear before them by counsel?
The Select Committee has the usual power to send for persons, papers and records. It would, I think, be very undesirable to ask for the assistance of counsel, but the matter is within the discretion of the Committee.
Business of the House
Will the Leader of the House say what Orders of the Day will be taken should it be found convenient to stop proceedings on the Government of Ireland Bill before Eleven o'clock?
The Second Order only [Invergordon Harbour (Transfer) Bill.]
REPRESENTATION OF THE PEOPLE (No. 3) BILL
Reported, with Amendments, from Standing Committee A.
Report to lie upon the Table, and to be printed. [No. 107.]
Minutes of the Proceedings of the Standing Committee to be printed. [No. 107.]
Bill, as amended (in the Standing Committee), to be taken into consideration To-morrow, and to be printed. [Bill 134.]
DIVORCE BILLS [Lords]
Ordered, That a Message be sent to the Lords to request that their Lordships will be pleased to communicate to this House Copies of the Minutes of Evidence and Proceedings, together with the Documents deposited, in the case of Cooper's Divorce Bill [ Lords ] and in the case of Fife-Young's Divorce Bill [ Lords ].—[ Mr. Morison. ]
Selection (Standing Committees)
Standing Committee A
reported from the Committee of Selection; That they had discharged the following Member from Standing Committe A: Lieutenant-Colonel Jackson.
Report to lie upon the Table.
Duplicands of Feu-Duties (Scotland) Bill
Reported, without Amendment, from the Standing Committee on Scottish Bills.
Report to lie upon the Table, and to be printed. [No. 108.]
Minutes of the Proceedings of the Standing Committee to be printed. [No. 108.]
Bill, not amended (in the Standing Committee), to be taken into consideration to-morrow.
Poor Scotch Litigants (Ex-Penses) Bill (Changed to "Poor Litigants Expenses (Scotland) Bill ")
Reported, with an Amendment, from the Standing Committee on Scottish Bills.
Report to lie upon the Table, and to be printed. [No. 109.]
Minutes of the Proceedings of the Standing Committee to be printed. [No. 109.]
Bill, as amended (in the Standing Committee), to be taken into consideration to-morrow.
Orders of the Day
Government of Ireland Bill
Considered in Committee; [FOURTH DAY].
[Mr. WHITLEY in the Chair.]
CLAUSE 4.—(Legislative powers of Irish Parliament.)
Legislative Powers
(1) Subject to the provisions of this Act the Parliament of Southern Ireland and the Parliament of Northern Ireland shall respectively have power to make laws for the peace, order, and good government of Southern Ireland and Northern Ireland with the following limitations, namely, that they shall not have power to make laws except in respect of matters exclusively relating to the portion of Ireland within their jurisdiction, or some part thereof, and (without prejudice to that general limitation) that they shall not have power to make laws in respect of the following matters in particular, namely:
(1)The Crown or the succession to the Crown, or a regency, or the property of the Crown (including foreshore vested in the Crown), or the Lord Lieutenant, except as respects the exercise of his executive power in relation to Irish services as defined for the purposes of this Act; or
(2) The making of peace or war, or matters arising from a state of war; or the regulation of the conduct of any portion of His Majesty's subjects during the existence of hostilities between foreign states with which His Majesty is at peace, in relation to those hostilities; or
(3) The Navy, the Army, the Air Force, the Territorial Force, or any other naval, military, or air force, or the Defence of the Realm, or any other naval, military, or air force matter (including any pensions and allowances payable to persons who have been members of or in respect of service in any such force or their widows or dependants, and provision for the training, education, employment and assistance for the reinstatement in civil life of persons who have ceased to be members of any such force); or
(4) Treaties, or any relations with foreign states, or relations with other parts of His Majesty's Dominions, or matters involving the contravention of treaties or agreements with foreign states or any part of His Majesty's Dominions, or offences connected with any such treaties or relations, or procedure connected with the extradition of criminals under any treaty, or the
(5) Dignities or titles of honour; or
(6) Treason, treason felony, alienage, naturalisation, or aliens as such, or domicile; or
(7) Trade with any place out of the part of Ireland within their jurisdiction, except so far as trade may be affected by the exercise of the powers of taxation given to the said Parliaments, or by Regulations made for the sole purpose of preventing contagious disease, or by steps taken by means of inquiries or agencies out of the part of Ireland within their jurisdiction for the improvement of the trade of that part or for the protection of traders of that part from fraud; the granting of bounties on the export of goods; quarantine; navigation, including merchant shipping (except as respects inland waters, the regulation of harbours, and local health regulations); or
(8) Submarine cables; or
(9) Wireless telegraphy; or
(10) Aerial navigation; or
(11) Lighthouses, buoys, or beacons (except so far as they can consistently with any general Act of the Parliament of the United Kingdom be constructed or maintained by a local harbour authority); or
(12) Coinage; legal tender; or any change in the standard of weights and measures; or
(13) Trade marks, designs, merchandise marks, copyright, or patent rights; or
(14) Any matter which by this Act is declared to be a reserved matter, so long as it remains reserved.
Any law made in contravention of the limitations imposed by this section shall, so far as it contravenes those limitations, be void.
(2) The limitation on the powers of the said Parliaments to the making of laws with respect to matters exclusively relating to the portion of Ireland within their respective jurisdictions shall not be construed so as to prevent the said Parliaments by identical legislation making laws respecting matters affecting both Southern and Northern Ireland.
The first Amendment on the Paper proposes, I gather, to raise a question already dealt with on the preceding Clause.
I should like, if it be in Order, to move the Amendment which stands in the name of the hon. Member for Twickenham (Sir W. Joynson- Hicks) without reference to anything that has happened before. It raises, to my mind, a very important point.
You mean to leave out all the words after the words "Lord Lieutenant "?
Yes. I beg to move in Sub-section (1), paragraph (1), to leave out the words "except as respects the exercise of his executive power in relation to Irish services as defined for the purposes of this Act, or". We are now on the Clause which reserves certain executive powers to the Imperial Parliament. There are very important functions given to the Lord Lieutenant in his executive office, and I should like to ask my right hon. Friend who is in charge of the Bill whether it is proposed that either or both the Irish Parliaments shall have power to change their relations with the Lord Lieutenant or his executive powers over Irish services. Will it be possible for the Irish Parliaments to take from him any of his powers over Irish services? What, in fact, is the scope of this Amendment? This question came up in the Debates on the Bill which has become the Home Rule Act of 1914, and great weight was then attached to the fact that the Lord Lieutenant was to be the connecting link between this country and the Irish Parliaments in relation to these executive powers. Will the right hon. Gentleman tell me what it is contemplated the Irish Parliaments will be able to do in curtailing the powers of the Lord Lieutenant in this respect?
The point raised by my right hon. and learned Friend (Sir E. Carson) is a new one. I was not aware there was any possibility of such a construction being placed on these words. It certainly is not intended that there shall be any power conferred on the two Irish Parliaments to interfere with the duties or jurisdiction of the Lord Lieutenant, who will be the representative of the Sovereign in Ireland. I do not think these words bear any such construction, but I will promise to look into the matter very carefully from that point of view.
I hope my right hon. Friend will do so. Before we pass a Clause of this kind, we ought to know exactly the cases the Government have in contemplation in which the Irish local Parliaments would have a right to interfere with executive powers. I accept my right hon. Friend's assurance that he will look into the matter.
Before we pass this Sub-section, we might surely have the advice of the Attorney-General for Ireland. He should explain the Bill to hon. Members who are not lawyers, and tell us exactly what this Sub-section means. Candidly—it may be my own stupidity—I am in a complete fog as to what powers this Sub-section gives these local Parliaments over the Lord Lieutenant. This is very important. It is not as if this was a Gas or Water Bill, the negligent dealing with which might not cause much harm. As a matter of fact, this is one of the most important measures ever discussed in this Parliament, and if we leave in it anything vague or indefinite we are opening up a vista of quarrels and differences between this Parliament and the Parliaments we are proposing to set up in Ireland. Therefore, before we pass this Sub-section, we ought to have the advantage of the views of the Attorney-General for Ireland, and, if the reply is not satisfactory, then I hope my right hon. Friend will press his Amendment to a Division.
Amendment negatived.
The following Amendment stood on the Order Paper in the name of Captain Coote: "In Sub-section (1), leave out paragraph (3), and insert instead thereof,
(3) Pensions and allowances payable to persons who have been members of or in respect of service in the Imperial forces prior to the appointed day, or their widows or dependants, and provision for the training, education, employment, and assistance for the re-instatement in civil life of persons who have ceased to be members of the Imperial forces at any time prior to the appointed day; or.'"
This Amendment appears to be in the wrong form, and I am unable to comprehend what is its object.
Perhaps I had better move simply to leave out the paragraph.
That would mean the transfer of the administration of the Army and Navy to the Parliaments of Northern and Southern Ireland.
That is the object. I beg to move, in Sub-section (1), to leave out paragraph (3).
I wish to say one word about the general spirit in which this Amendment is moved, and I would ask the Committee to believe that it is not due to any lack of sincerity, nor to any desire to do something especially startling. It will save time later on if I may be allowed to say at this point that this Clause 4 is the whole crux of the Bill. Hon. Members who have moved Amendments previously have obviously been moved by a desire to increase the possibility and to create the probability, of Irish unity. They have proceeded to attempt to carry out their wishes by extending the powers of the Council of Ireland. I would suggest, with all deference, that there is another way of promoting the possibility of unity between the Northern and Southern Parliaments, and that is by giving those two Parliaments such amounts of power, and such a variety of powers, that, if they attempt to exercise them independently, they will arrive at an impossible situation, and, therefore, will be compelled, unless they wish to be reduced to an absurdity, to make a reality of that Council of Ireland, by delegating to it such powers as it may most suitably exercise in the general administration of Ireland as a whole. If we do not give these Northern and Southern Parliaments powers which are worth delegating, they will not be inclined to delegate anything at all. The main criticism of this Bill is that of the right hon. Gentleman the Member for Paisley (Mr. Asquith), to the effect that it is the greatest travesty and shadow of the offer of self-government ever made to an independent people. It is with the object of insisting upon that part of the Bill which really does create realities—namely, these two Parliaments, the Northern and the Southern—and with the object of infusing blood into the veins of those realities, that this and subsequent Amendments have been put down.
There is, however, a further object. I think it might be of service if we could get from the right hon. Gentleman who is in charge of this Bill some account of what I may call the general staff view of the military situation in Ireland to-day, and also some forecast of what the general staff think will be the military situation in Ireland after the passing of this Bill. To an outsider, who is not versed in the methods of the General Staff, and who does not possess the knowledge which the General Staff may be expected to possess, the situation appears sufficiently deplorable, and it seems calculated to become still more so in the future. Whether the right hon. Gentleman considers this Amendment seriously or not, he has to face this fact, that, whether or not he gives the Irish Parliaments control over the armed forces in Ireland, there is at the present time an Irish army in Ireland against this country. That army is not an ordered force, but a guerilla army—an army of murder, outrage and anarchy; and the problem we have to face is how that army is to be got rid of. To my mind there is only one way of getting rid of it, and that is by taking risks. Unless we are willing at this moment to take risks, we shall never even approach a settlement of this Irish question, and the whole of this Bill will fall to the ground through sheer inanition and unreality. The army which exists in Ireland to-day can only be done away with if there is created in Ireland a belief that this Bill will work; and the only way, to my mind, to make the Irish people believe that this Bill will work is to delegate to those two Parliaments sufficient powers to make them really and truly sovereign bodies. It may appear a little crude to start by delegating to them powers over armed forces. It may be asked what position will be taken up if there is an Irish Republic. I would suggest that this Amendment does not affect the question of an Irish Republic one way or the other, because the question whether or no an Irish Republic will be or can be set up is, to my mind, an economic and not a military question.
Therefore I would ask the Committee, and I would ask the right hon. Gentleman, to consider whether there is not something in the general idea of consolidating and increasing the powers of these two Parliaments, instead of attempting, as it were, to put flesh upon the skeleton of the Irish Council. If there is anything in that idea—and it is, as I believe, the only alternative way of making this Bill a success and of bringing nearer the actual day of Irish union —if there is anything in that idea, I do not say accept this Amendment, but I do say that the Committee would be well advised to accept some Amendment which would increase the powers of these local bodies and make them sovereign bodies, and so make the Irish people feel that they are really being governed by themselves. Let us get Englishmen out of it altogether, and make the question whether or no Irish union comes about a question to be decided and determined by Irishmen themselves. I believe that everyone in this Committee is anxious that in the future Ireland shall become, in a true and real sense, an integral part of the British Empire, that she shall take her place by our side as a defender of the British Empire in exactly the same way as our Dominions overseas have in the past, and will, as I believe, in the future. I believe that we must take risks, and that, in spite of the behaviour of a certain section of the Irish people at the present moment, we can afford to take risks at this time in a sense in which we have never been able to do so before, and in which the British people have never been asked to do so before.
I would add that there is in Ireland to-day a very large number of men who have served in the armed Forces of the Crown during the late War, who have deserved well of this country if ever men have, and who have fought, as I know from personal observation, with the greatest gallantry and devotion to duty. These men are being driven to turn against this country to-day, simply because there does not exist in Ireland a body of Irishmen who are responsible for the good order and the peace of that country. I believe that, unless the Government take steps to treat these men fairly, and see that they get a chance of managing their own affairs and taking part in the government of their own country, there will be a tragic sight in Ireland—the sight of men, who have fought for us in the past, turning against us, and possibly, in the future, even bearing arms against us. This Amendment is an attempt to put forward a new idea of the way in which Irish union may be achieved, namely, the idea that Irish union may be achieved through the agency of Irishmen themselves, and in particular through the agency of the Irish Parliaments which are being set up by this Bill.
My hon. and gallant Friend has made a very interesting speech in which he has covered a great deal of ground. He has invited me amongst other things to tell the Committee what are the views of the General Staff in regard to the present situation in Ireland and also in regard to the future. That by itself is a sufficiently wide request. It would hardly be possible on the discussion of a Bill like this for any Minister who does not represent the military department to be called upon to give the views of the General Staff of the War Office as to the present situation, but there is clear evidence of what their view is in the fact that an additional number of troops have recently been despatched to Ireland and are still being despatched to Ireland, giving proof of the determination of the Government that everything in their power will be done, by the full exercise of the forces they have, to restore order in Ireland. Then my hon. and gallant Friend produced as an argument in support of his Amendment a contention which seemed to me to be one of the most extraordinary I have had the privilege to listen to. He referred to the condition of the ex-service men. Their position is notorious. It is well known to everyone who has made the most cursory examination of the daily newspapers that it is a fact—and I say it with shame as a member of the United Kingdom—that those men, who gave their best services to the country and have suffered in the War, are to-day not honoured but dishonoured and hounded down in their own country. This is a fact which cannot be too widely known and of which everyone who loves his country, in whatever part of it he lives, must be heartily ashamed. But what is my hon. and gallant Friend's remedy? No one has denied, indeed the bulk of the opposition to this Bill proceeds from the conviction, very largely held, that if you have to set up a Parliament in Southern Ireland tomorrow its complexion will be largely that of the majority, which to-day is Sinn Fein. Who are responsible to-day for this treatment of ex-service men? Who are those who are to blame for the way in which ex-service men are treated? They are the majority, who could alter this position of things and secure the position of the ex-service men. Yet my hon. and gallant Friend proposes to transfer to a Parliament which he believes will be so constituted the entire control of the Navy, the Army and the Air Force in the interest of those ex-service men. I do not think that argument can be maintained. Of this I am pretty sure, that if it was put to the ex-service men themselves they would reject it as not in the least likely to add to their security. What is the proposal my hon. and gallant Friend makes? It is that you should give to the two Parliaments in Ireland the control of the military forces of the Crown. In this respect there is no comparison to be made between any of the Dominions of the Crown and Ireland. In the case of the other Dominions they lie thousands of miles from the centre and heart of the Empire. While we should deplore with all our hearts their defection we should not be faced by their defection with a military situation of the gravest possible kind. But in Ireland it is certainly different. Ireland lies along our western frontier. She is most important to us for means of both naval and military defence and for aircraft work, and any attempt to hand over the military forces of the Crown to a local Parliament, whether it be in Ireland, Scotland, or Wales, will be resisted with all the strength we can command.
I second the Amendment with as strong a sense of responsibility as any man can possibly have. No one can broach a subject such as we are broaching to-day, the subject of the condition of Ireland, without the deepest and most tragic sense of responsibility. Even during the Recess the condition has altered for the worse. From day to day, from hour to hour, this situation strikes down towards the abyss of anarchy, and things which might have been appropriate a few weeks ago are no longer appropriate today. Yet I am emboldened to support the Amendment by the very fact that anyone going about the country and meeting his constituents must have found that the first and last thing they asked was: What is going to be done about Ireland? It is felt as a running sore in the whole of the British Empire, and certainly in the whole of the island of Great Britain, and this is an attempt to deal with it in the only way it seems to us it is possible to deal with it, namely, to recognise that you have to give the Irish the utmost possible powers; that there is not one Ireland, but two Irelands; and it is an attempt to bring in Dominion Home Rule for the rival sections of the Irish people. The weakness which the Irish people are to the Empire just now cannot be over-estimated, and if we can deal with it in any way no sacrifice we can make is too great, no risks that we can run are too terrible. We are faced just now with the thing that smashed the Empire of Napoleon, national resistance on national soil; and when you have to deal with such a situation, you must come to terms with it or you must crush it out by armed force. The crushing of it out by armed force is not a thing which at this moment we intend to embark upon.
Why not?
All the old men sit round and say "Why not?" Why did we suffer four years of war if it was not to have peace and liberty to embark on this great experiment? Why did we march day after day towards the guns on the Somme, why did we march up to Cambrai and see the whole sky flushed with the guns at dawn if it was not that we should have peace to come back here and discuss these matters in orderly security? "Why not?" The old men have ten or fifteen years of life before them and then the situation will arise again. We have thirty or forty years to put in in this country and we do not propose to have this situation. It is a little difficult to say, but I am simply taking the lifetime that the younger generation may have to face this problem from. We have heard of this problem from our ancestors and we have seen it running through the whole of our public life, a running ulcer, and we want to amputate it and get it cut out of our public life. It is not sufficient to say that you can stamp it out just now or slur it over and be met with the problem again coming up in ten or fifteen years. This is a problem of the life of nations, which is counted by centuries and not by decades as the life of man is counted. We fought and won the War and smashed the German menace that we might have peace on the Atlantic so that we could discuss these matters dispassionately and embark, if we care, on the gravest and most dangerous experiment which this Empire has ever embarked upon, because I thoroughly agree with the right hon. Gentleman (Sir E. Carson) when he said if this Bill was persisted in in its present form it seemed to him it meant nothing less than the separation of Ireland from England. We are embarking upon a course which touches the tap roots of British power, and no discussion we can give to the subject on a summer's afternoon like this in Committee, when many Members are away, will be adequate. I deplore that deeply. Here and now we are dealing with the crux of the Bill. Clause 4 deals with the powers of the local Parliaments, which are the vital elements of the Bill. We know that one local Parliament, the North of Ireland Parliament, will work. We are now attempting, even at the eleventh hour, to secure that the second of these Parliaments, the Southern Irish Parliament, shall also work. We propose to take risks. We are asking the Southern Unionists to take a most gigantic risk to their hearths and homes. It is a small risk comparable to that that we are asking the people of the United Kingdom to take to-day. Undoubtedly we are asking the United Kingdom to take a risk. You cannot get away from the fact that entrusting Irish people with howitzers, aeroplanes and submarines is one of the gravest risks that the British Empire has ever been asked to undertake. [ Laughter. ] I do not think that laughter is appropriate on such an occasion. We are discussing nothing less than the permanence of the British Empire, and it cannot be dismissed in the few casual sentences with which the First Lord of the Admiralty has dealt with it. What is the point of bringing the First Lord down to carry through such a Bill if he is not prepared to give some sort of a forecast of the naval and military views which the General Staff holds on such a problem as this?
I did not do that. I have already said on three occasions that this Clause has the unqualified approval of both the Naval and Military advisers of the Government.
We are faced with the ipsi dixit of the First Lord of the Admiralty that this Clause has the unqualified approval of the General Staff. I should have thought that, in a House such as this, where the majority of Members have faced risks of actual war, with dangers fully as great as those which any members of the General Staff have faced, it might have been worth while to summarise the reasons which have led the General Staff to that conclusion. First, last, and all the time it is the naval and military argument that prevents the granting of full powers to these Irish Parliaments, and unless we have those arguments brought here, debated on the Floor of the Committee and threshed out, we cannot be supposed to come to an adequate verdict on the point. This House is composed very largely of soldiers. There is a great influx of the younger generation who are prepared to take risks, who have many years in front of them, and they know that if we are not intending to settle this problem now it will come up again and again, and we shall be faced with the horrible business of bloodshed and massacre and conflict with what are, after all, perfectly sincere idealists in their own line. The problem that beat Napoleon is a problem at least worthy of examination by the First Lord of the Admiralty. It is impossible for us to put too strongly before the Committee our sincerity and honesty in making this attempt, on Clause 4, to give these Parliaments such powers as will be worthy of being exercised by sovereign bodies. We must recognise the fact that we have an army in the North of Ireland and we have an army in the South of Ireland. To give recognition to these bodies is merely recognising a state of affairs which already exists, and to ride off this subject on the case of the ex-service men, as the First Lord has done, is not a sufficient answer to this enormous problem. It is not so much the case of the ex-service men who have been badly treated by Sinn Fein, but the case of the officers who, in perfect good faith, went to war and are now in gaol under arrest and are having their houses searched, because of their perfectly genuine honest belief that the British Parliament does not mean business and is once again playing with the matter.
We have huge problems before us in the next decade, and if they are to be distorted by this continual cry of two nationalities in Ireland, it will be utterly impossible for us to come to any solution whatever. Therefore we ask the Committee to consider this Amendment as a serious matter. It is not brought forward jestingly. We have a right to speak on these things, because we have bought the freedom of this House of Commons with our blood. We have a right to talk because the war that was won was won by the bodies of the younger generation, and the foundations of that victory rest upon the bones that are buried in cemeteries all over the world. When we bring forward an Amendment of this kind we ask you not to laugh, but to discuss it honestly and in all sincerity. Nemesis follows crime. The nemesis that followed the crime of the last century when Ireland was depopulated from eight millions to four millions has come upon us and upon this House, and we are faced with the necessity of finding a solution to a horrible problem. We have a right to say that the nemesis following up the crime of Sinn Fein has come here and now. It has come upon them. It is not we, but they who have partitioned Ireland. It is impossible to bring forward any solution that will coerce Ulster. You cannot force Ulster. We must leave it for the two Parliaments of Ireland to persuade mutually each other. Therefore, this Amendment, which is the first of a series of Amendments which we are bringing forward to deal with this problem, is worthy of all consideration. We have already granted Second Chambers to these two Parliaments, and we say that they should be raised, practically speaking, to Dominion status. That is a principle worthy of the consideration of this Committee and worthy of the most searching investigation which the Government can bring bear upon it.
4.0 P.M.
I can assure the hon. and gallant Members who have moved and seconded this Amendment that I look upon it as a very grave and serious one to be brought forward in this Committee. I do not for a moment doubt either the patriotism or the sincerity of either of these hon. and gallant Gentlemen. It would be a very idle thing to suggest that they are animated by any motives except those which are worthy of men who nave themselves taken a very honourable part in the late War. But the fact that two hon. and gallant Gentlemen of their high character and standing should put forward an Amendment of this kind ought to lead the Committee and the country to pause and consider where we are really going. Let us, as I said the other day, at all events, do it with our eyes open. We had an interesting discussion the other day well worthy of a fuller Committee. It was raised by my hon. Friend the Member for Oxford City (Mr. Marriott), who pointed out, as I attempted to point out as well as I could, that you have framed your Bill on entirely erroneous lines. You are setting up Parliaments to whom you are giving the residuum of powers after these reservations in this important section. You ought never to have done that. You ought to have done it by delegation of specific powers. These questions then would never have arisen. That would have been real federation; but, as I pointed out on that occasion, and as I must point out again, because this is a serious matter the moment you set up a kind of co-ordinate Parliaments—you may call them subordinate if you like, but they are co-ordinate—you can never stop until they get the fullest powers for which they ask. To me it is monstrous. You set them up, you call them Parliaments, and you say: "But for that which we have reserved, you have the same powers that we have ourselves." How on earth are you ever to dictate to such Parliaments as to what they shall do and what they shall not do? If they were delegated powers, you could take them to the Courts, and say that no such power was ever delegated. Supposing they do proceed to set up an Army, what are you going to do?
You have got one now.
There is a gang of murderers if you like. I do not call them an army. An army is a disciplined force prepared to take the risk in the open. What is to happen in such a case? I should like the opportunity of an occasion of this kind to be taken to let us know what will be the relation of the Army and the Navy to the new Government. I have tried to work it out in my own mind, and I have had many communications from friends and relatives in Ireland upon this subject. The new Government, after three years, will have their own police under this Bill. Hitherto, as I understand the Constitution, the Army, the Navy, and the other Forces of the Crown could be called in to assist the police in carrying out the laws of the land for the safety of persons and of property. Suppose the police are ordered by their Government to do something of which you disapprove, what is to happen? Suppose the Government say, "We do not want your Army over here to assist the police; we will not have it over here," what is to happen then? The whole of the theory laid down in this Bill, that you can establish a half-way house to separation and command your Parliament at any moment to stand still, "So far and no farther," is, to my mind, an impossible proposition. I am perfectly satisfied from what my right hon. Friend has said that the Government are not going to concede this matter, and I have only risen upon this occasion because there lies behind this Amendment a far deeper and greater question if hon. and gallant Members such as those who have already addressed the House—there may be many more, so far as I know—are going on to lay down the proposition that this Bill is only a step to separation. There is no other meaning in what the hon. and gallant Gentleman said. If hon. Members of their character and position are already preaching that doctrine—I am not dealing now with men who are always saying things in favour of the enemies of this country, but with highly patriotic men—I do want the House and the country to take more interest in this question, and, above all things, I do want to prevent this Bill simply going through merely to ease the political situation. It is fraught, I believe, with terrible possibilities to this country. Think what the two hon. and gallant Members have said in all sincerity! This country, they said, is taking the greatest risk that it has ever been asked to take. It is no use disguising the matter, no interest is being taken in the Bill. This country is so taken up with other great schemes affecting itself that political parties of various kinds—certainly in this House, though, as far as I know, they may be outside—are not taking an interest in the Bill.
I do in all sincerity appeal to the Government as to whether, under all the circumstances, the Bill may not be even yet changed into a measure delegating specific powers, which from day to day may be enlarged, leaving, as in my opinion you must, the real strength and power here, at all events until you had experience of the exercise of power as you tentatively try it on the other side. Do not at the very heart of the Empire create what may turn out to be the most wounding instrument in the hands of people who have proclaimed themselves your enemies. At all events, I shall have done my duty in pointing out time after time what I foresee is likely to happen under this Bill. The hon. and gallant Gentleman, I think, quoted me as saying that this Bill would lead to separation. I believe it more than ever now. I went to Ulster only last week, not for pleasure, but to try and carry on and see how we can meet the situation. We will do our best, as I told the Government before, in relation to the matter, but I do not find things, I must honestly say, improved there. When we talk to men there about the state of affairs likely to arise in consequence of this conspiracy of outrage, murder, and assassination of our brave police and others in Ireland and about what help we can give in the matter—I do not say it is deep down in their hearts; it may be merely on their tongues—they reply, "What are the Government doing to us? Kicking us out." I got that answer more than once when I was over there last week. We are making no headway in Ireland. I do not believe that we are making any friends in Ireland. God knows that the situation of those who have been loyal to the Constitution in the south and west of Ireland is not only deplorable and lamentable, but it is pitiable and disgraceful under a British Parliament, and I hope even yet that we may find this Bill framed on the lines that I have mentioned. We are heading straight for that separation which I do not for a moment believe any single Member in the Government would countenance, and I do not see how you are to prevent it in the face of such Amendments as this, which really emphasise what I have already during the course of these Debates attempted to press upon the consideration of the Committee.
We must not re-open in this discussion the decision at the last sitting of the Committee. We had then a Debate and a Division on the question whether Clause 4 was to proceed by delegation or by reservation, and the decision of the Committee was then taken. We must therefore confine ourselves to the Amendment before us, which is whether the Army, Navy and Air Force are to be reserved or transferred to the administration of the local Parliaments.
After the most powerful and eloquent speech of the right hon. and learned Gentleman the Member for Duncairn Division of Belfast (Sir E. Carson), which ought to be placarded up and down the length and breadth of the country, it is unnecessary for a humble Member like myself to say anything upon this Amendment, but I should like to say a couple of sentences with regard to something which fell from my hon. and gallant Friend (Captain Coote). He said that if the Army and Navy were handed over to the new Government the ex-service men would be in a better position. I most profoundly disagree with him. What does that mean? The Southern Parliament which is to be elected will obviously contain a majority of Sinn Feiners who have been bullying and ill-treating the ex-service men up and down the length and breadth of Ireland, and it is quite illogical to suppose that the ex-service men would be better off if those who are oppressing them now had the use of the Army and Navy and Air Force. It was also stated that the Government have done nothing for the ex-service men in Ireland. I often find myself in disagreement with things done by the Government in Ireland, but I gladly bear my testimony that in the past two years the Government have done all that they could under very difficult and hard conditions for the ex-service men in Ireland. They have voted substantial moneys for their benefit and to give them employment, and the Ministry of Pensions have done all that they could to over-ride the War Pensions Committees who have been abusing their powers Therefore, though I profoundly disagree with this Bill, I must say that the Government administratively have done all that they could for the ex-service men.
I should not have risen had it not been for certain remarks that have fallen from the lips of the hon. and gallant Gentleman (Captain Elliot) who supported the Amendment. The hon. and gallant Gentleman, in part of his speech spoke, as it appeared to me, rather bitterly as to the say of the young men of this country who fought during the War, and in regard to their right to have a say and be heard. I am in deep sympathy with the hon. and gallant Gentleman in that sentiment. We do intend to have a say and be heard in this country, but it is because the hon. and gallant Gentleman suggested a claim, that I do not think he should have suggested, that he was to any degree representing the considered opinion of the young men of this country that we are already going to add to the intensity of the danger, which I agree with him we are embarking upon in passing this particular Bill, that I take this opportunity, as representing a large body of the people, of saying that we do realise what we are doing when we support the Government in passing this Bill. We believe that it is a great danger, but I disagree respectfully with the right hon. Member for Duncairn. There is no lack of interest in this country in regard to this Bill. People in this country in regard to Ireland are in a state of despair. We have known of all that is happening in Ireland, and possibly we realise that there is something in the nature of a man committing suicide before our eyes. It is Ireland herself committing suicide. We are prepared to take great risks ourselves What can the Government do? They know and we know that there is only an off-chance of something coming from this Bill which is given to Ireland with the best wishes of the English people. We are running a danger, but we stand behind the Government and believe that the Government are right in bringing forward this Bill. Ireland under this Bill is being given great powers. We are trusting her now. Let her work the Bill for ten years or fifteen years. Then let her come and ask for added powers. But I could not allow it to be suggested that the hon. and gallant Gentlemen, whom I would like to support, are representing anything but a very small section of the opinion of the young men and of ex-service men in particular of this country.
If the two hon. and gallant Gentlemen who moved and seconded this Amendment had not protested their deep seriousness, we might be inclined to think that their effort was a farcical attempt to throw further ridicule upon this impossible Bill. I was amazed to hear one of the two hon. Gentlemen support this Amendment because he thought that if we would only allow these two Parliaments to persuade each other, all might ultimately go well. If this Amendment means anything, it means that we should give to those two Parliaments the persuasive powers of two well-disciplined armies, because there is no disguising the fact that under this Amend- ment we should give to the Southern Parliament an army, and to the Northern Parliament an army, and instead of the murder and rapine in Ireland going on to-day, we should have civil war on a colossal and well-ordered scale. This is the first time I have ventured to speak on this Bill. But we have had this Amendment supported most eloquently by an English gentleman and a Scottish gentleman, and I venture to say a few words on behalf of a few English people. We who sit in this House are taking little part in this Debate because we realise the farcical nature of it. We have only to look at the Liberal and Labour benches. Here is a Bill and here is an Amendment which, whatever we may say, may settle the fortunes and future of this country. Yet look upon that beggarly array of empty benches with but one gallant representative (Mr. G. Thorne) holding the front bench! The Amendment is one of such immense seriousness that it is an insult to the House of Commons that the whole of the Opposition should show their contempt in this way, and that even the Leader of the Opposition (Sir D. Maclean) should only have been drawn in at this moment by my remarks.
When the right hon. and learned Gentleman made some comment upon the paucity of the attendance of these hon. Gentlemen I tried to say a word for them, and I hinted at the Derby; but I was trying to make the best of it for them. They are not interested in this Bill. They care nothing for it, and when I heard these two Gentlemen making these preposterous and dangerous proposals, I looked round to see whether the voice was coming from some Sinn Fein Member behind. I give the hon. Members every credit for sincerity, but if they intended to cast lasting and inevitable ridicule on this Bill and on the proposals put forward by the Government they could not have done better than submit this Amendment. I would like hon. Gentlemen from Ireland to divide against this Amendment. I would like them to put on record that never, so long as there is a British Parliament, will we consent to hand over the loyal men of Ireland and put them under the heel of the men who to-day are making havoc of the country. Never will the British Government give up the Forces of the Crown to the robbers and murderers who are ruling that country. If the Government failed in their duty—as we know they will not fail—and for a moment entertained these proposals, they would not last a week, and we should have a Government of Heaven knows what. I would ask the Government to allow us to go to a Division on this Amendment, so that we may place on record our opposition to such a pernicious proposal.
I intervene for a few minutes to show something of the freedom which is prevailing at the present moment in the South and West of Ireland. I came to London this morning and was talking to a man who occupies a high position and is a great financier. He happened to talk in a tramcar about the state of affairs in Ireland, and on getting out of the tramcar he met a couple of men who told him that he must leave Ireland in a fortnight. He took no notice. A week later two men came to him again and told him that one week had gone by and that he should take care and leave the country in time. When the fortnight had elapsed, two other men came and said, "If you do not leave tomorrow you will suffer." That man and his family had to take everything to England. He went to the Chief of Police in Ireland and asked for protection, and the Chief of Police told him that he had better go, that he could not give him protection. That is in a country under Great Britain. I also met a veterinary surgeon who told me that a friend of his bought a property in the County Limerick to breed horses. He was in a train going to Holyhead and spoke of what he had done. At Holyhead he was warned by two men and told not to proceed. He went on to Kingstown, and when he got there two more men told him, "You have already been warned in Holyhead; do not go down to Limerick." At Limerick Junction he met a third party of men, and they frightened him so much that he went home and gave up the whole place.
My hon. and gallant Friend referred to the demobilised soldiers in Ireland. There are many gallant men, just as many from the South as from the North—I hear not quite so many but a good many—and they all know how to fight, and I am sorry that any friends of my hon. and gallant Friend are obliged to be taken up on suspicion, but if they are it must be that they have shown that they are liable to be taken up, for no man in Ireland is taken up unless the authorities have strong reason. Just consider what would happen in the south of Ireland as regards demobilised soldiers. Only the other day in one of the large towns in the south of Ireland, I notice that there was a resolution by the board of guardians that no demobilised soldier was to have the benefit of the workhouse hospital or the fever hospital. I am glad to say that the demobilised soldiers came in and turned these men out of the guardians' room and gave them a bit of their own back. In the south no demobilised soldier is allowed to join in any game of the Gaelic League. He is not allowed to move hand or foot under the orders of the Sinn Feiners. Those are the men who, under the Amendment, would be put under the control of these people.
Nowhere in the south is a soldier allowed to have land, or to obtain from the Government the benefits of the Act that has been passed. Several times the Estates Commissioners have bought land in the south and they have been given notice by the Sinn Feiners in that district that if they planted men there they would do so at the risk of their lives. An unfortunate man in the west of Ireland only three days ago, because he dared to work for his employer against the orders of the Sinn Feiners, had his brains battered out on the side of the road, and, because they could not quite kill him on the side of the road, they tied him to a tree and stoned him and his blood and brains were on the bark of the tree. Those are the men with whom we are supposed to wish to have to do in the north, and whom the hon. and gallant Gentleman wants to take over control of these men. It is a most impossible position. I do not know whether he wants to try the Kilkenny cats' business, and let everyone fight to a finish, though I believe it would be better to fight to a finish for the people in the south of Ireland than to go on with the tyranny that exists at present. They talk about giving freedom. What we want is freedom. No man in the south of Ireland is free.
This Debate, as I was afraid it might, is going on to the general condition of Ireland and the general proposals of the Bill. It should be confined to the question of the control of the Army, Navy and Air Force by the new Parliaments.
I apoligise. All I can say is that loyal people in Ireland trust the Army and Navy at the present time, and the burning of coastguard stations, and the burning of police barracks is not the way to encourage us to hand over control of the Army in Ireland.
Several hon. Members have said that they were speaking on behalf of ex-service men or for a proportion of them. I am not going to make that claim in this case, but I must say that when I fought the election at Hull, and was returned to this House, I expressed myself very plainly as in favour of the right of full self-determination for Ireland. My opponents made full use of that fact and tried to frighten the voters against supporting me, but I was returned here by those who knew that I stood for full self-determination as the only ultimate remedy. We have heard a great deal about outrages and murders. The right hon. Gentleman the Member for Duncairn (Sir E. Carson) poured great ridicule on the proposal for handing over the Army to the other Parliaments, and pointed out that the Government might be faced with the position that the Southern Parliament would begin to set up its own armed force. Perhaps I ought not to have done so, but I made an interjection and said they had an army already. The right hon. Gentleman then asked, did I mean a force of assassins and murderers? Do let us be quite frank and face the facts. Do hon. Members representing Irish constituencies in this House, honourable gentlemen all of them, really suggest that the whole of the Sinn Fein movement is summed up in the army of miserable, cowardly assassins? Do they think that all there is in the Sinn Fein movement is simply the murder of policemen from behind hedges? In all these movements, unfortunately, there is an extreme left wing, and I am afraid the Government is only playing into its hands in this case. This Amendment. I believe, is an attempt to play up to the moderate element in Ireland and an attempt to trust Irishmen. That is the only way to deal with the Irish people, at any rate with the Celtic portion of Ireland. I once commanded a ship manned entirely by Catholic Irishmen, a ship stationed on the coast of Ireland. [HON. MEMBERS: "Name."] It was before the War, Torpedo Boat No. 55, at Queenstown. I was the only officer on board. I trusted them and they never betrayed that trust, and they were exceptionally good in every way. That is the spirit in which my hon. and gallant Friends opposite have brought forward this Amendment, and it is the only spirit in which it is possible to settle the Irish question. There is an army in existence in Southern Ireland controlled by the Dail Eireann. There is also an army in Northern Ireland controlled by hon. Gentlemen opposite. [HON. MEMBERS: "No."] Have the Ulster Volunteers disbanded their whole organisation?
Yes, they have.
Then I congratulate them.
That is raising points quite irrelevant. We are not dealing with the administration of Ireland, but with the legal provisions of this Bill.
I wanted to point out that the only time when there has been real peace and order in recent months in the South and West of Ireland, has been when the constituted army which obeys the orders of the political body in the South, is in control. I will give two examples. The first is that when the Lord Mayor of Cork was murdered a tremendous public funeral was given to that unfortunate gentleman, and the whole of Cork turned out to attend. All work in the city stopped. The route was controlled by members of the Irish Volunteers. The police and the military were very wisely withdrawn, I presume on orders from London. There was no disorder of any sort, and the funeral took place with decorum and dignity.
The right hon. Gentleman the Attorney-General for Ireland, in answer to a question of mine, stated that the police and military were in full control of Cork during the funeral.
They were not in evidence, if I am correctly informed by the Press. I was not there at the time. They were not in sight anyhow, and very good order was kept by this organised and disciplined Irish force, which has been referred to, perhaps with exaggeration, by the right hon. Gentleman who was formerly the Chief Secretary for Ireland. The other example I would refer to is the case of the Mountjoy prison demonstrations when hunger striking was going on, and when, after the prisoners were released, the troops were withdrawn, very rightly I think, and order was kept in a time of great emotional stress, when thousands were ready for any violent outburst if occasion had arisen. Let us, therefore, realise that there is, at any rate in Southern Ireland, an organised force, illegal according to our lights but, nevertheless, a disciplined force. It is there and we have to recognise it. It is easy enough to talk, as some hon. Members do, of those who disagree with them as men who side with the enemies of their country. I do not mind that accusation at all. The accusation was no doubt made against hon. Members of this House at the time of the troubles with the American colonies, when we were in danger of losing those colonies and when hon. Members advocated a policy of conciliation towards our fellow colonists. The accusation was certainly made against hon. Members who protested in this House against the South African War. I do not mind at all being classed with men of that sort. The accusation leaves me quite cold. Neither do the voters of the country mind, as hon. Members opposite will find at the next election.
I would like to refer to one remark of the First Lord of the Admiralty. The right hon. Gentleman trotted out again the old, hackneyed, thread-bare argument about strategic necessity. It is an argument of which the world is sick to-day, and it ought not to be used in connection with this Irish question. The right hon. Gentleman talked about a hostile Ireland on our Western frontier. What about our Eastern and South-Eastern frontier? Are we to conquer and hold Belgium in order to safeguard the mouth of the Thames? I suppose that argument was used in Queen Mary's time when danger was threatening Calais. Are we to conquer and hold Portugal? From the strategic point of view at sea it would be much easier to convoy merchant vessels in war time, with submarines bases in Ireland, than it would be to guard against hostile submarine bases in Portugal. I wish the hon. Member for West Derby (Rear-Admiral Sir R. Hall) were here. He was Director of Intelligence during the War, and he knows, as I know, that it would have been easier to guard against submarine warfare waged from Ireland than to guard against submarine warfare waged from Spain and Portugal. If you are going to consider the strategical argument you may as well set out to conquer the whole of Europe. Ireland has a small population. As far as I know she has no iron and no coal. Without those two things and a great population she cannot threaten this country in a military sense. What are we afraid of? Are we a lot of old women? Cannot we trust them or trust ourselves and take our courage in our hands and do what a Liberal Government did in the case of South Africa, for that is what we shall have to do in the end? We shall settle this question only by negotiation with representatives of Irish opinion, north and south. Because I believe that this Amendment would be something in the way of a gesture that we mean to trust Ireland, I hope my hon. and gallant Friends will divide the House, and that they will be well supported.
I feel it is impossible to allow the last speech to go unanswered. I cannot, like the hon. and gallant Member, speak from a naval point of view, but I do at least know whether Ireland lies east or west of Greenwich, and I think that any naval man looking at the map would admit that, from a military or a naval point of view, it is impossible to allow military control to pass into the hands of anybody but the Central Government. I think the best authorities admit, and in his saner moments probably the hon. and gallant Member would admit, that if Ireland had been in the hands of the enemy during the War we should possibly have lost the War. I think it is unfair for the hon. and gallant Member to say that we are in the same position with regard to Ireland that we are in in regard to Belgium and Holland. If the Channel were stopped up, we still have the whole world under our control if we control Ireland. Even as great a man as the hon. and gallant Gentleman—I mean Napoleon—admitted that if he controlled Ireland he could control the whole of Europe. Every great naval man and soldier has admitted the same thing. I think the Government would make a most foolish mistake if they allowed either the Army or the Navy to be placed under the control of an Irish Government. Personally, I am sorry, especially as the First Lord is in charge of the Bill, that this Bill is going on, because I feel that with regard to Ireland it means simply our walking round in a circle.
We really cannot get back to a general discussion of the Bill. That was done on the Second Reading. We are now considering an Amendment.
I wanted to point out that with regard to the control of the Army or the Navy we are simply walking round in a circle. We begin with a subordinate Parliament that has not got control of the Army or Navy. Next we reach the insubordinate stage and insist on taking control of the Army and Navy. Then we reach the third stage, when Great Britain, the stronger Power, comes in and insists that we are not to be allowed to have this thing. We had in 1798 a rebellion. The same thing is going to happen to-day. I could not help thinking that the right hon. and gallant Gentleman was playing the part of Puck in "Midsummer Night's Dream" and was trying to create more trouble for the Government. Suppose you carried the Amendment and gave the control of the Army and Navy to the two Irish Governments. What we have got to do is to look at this question not from an imaginary point of view, but to consider what is really the present condition of things. Suppose you establish two armies and two navies, what is going to be the result? You are going to creat great trouble for this country. I never approach this question from the Ulster point of view only, and though I am an Ulster man. I have always approached it from the point of view of an Imperialist who believes in the British Empire. I believe if you start to carve up the British Empire and create three armies instead of one and three navies instead of one, you are going to destroy the Empire at its very heart. Therefore I for one object as strongly as I can to this demand. My hon. and gallant Friends said, "Take the risks." There are occasions when you can take risks when the risks are small, but can you afford to risk the British Empire, which in my humble judgment is the greatest instrument for good that has ever been produced in the history of the world. Are you going to risk that? My hon. and gallant Friend the Member for Central Hull says, "Trust the Irish people," and told us that they have got an army at present, an army of what—an army of murderers. Are you going to hand over the destinies of Ireland, to say nothing of the destinies of Great Britain, to an army of murderers? I for one protest against it, and am strongly opposed to this Amendment and shall, if there is a Division, vote against it.
This Debate has been of real interest. It certainly seems to me that there is this defect in the arguments that have been put forward by some of my hon. Friends. They are opposed to the Amendment allowing the Irish Parliaments to have navy, army and air forces of their own, and they argue that the Amendment ought not to be adopted because the Irish Parliaments will be perfectly untrustworthy and, as one hon. Member said, composed of robbers and murderers. This Amendment would undoubtedly substitute national powers for federal powers and would change the character of the settlement. That settlement is conceived on federal lines, and this would substitute a national settlement by giving powers which ordinarily are only given to independent nations. It is not a good argument as between a federal settlement and a national settlement that your Parliament to which these powers are going to be given will be a Parliament of robbers and murderers, since you cannot reasonable argue that a Parliament of robbers and murderers is a Parliament to be trusted with federal powers. If the House were better attended, I should say Members ought to make up their minds on the two points. If you want a federal settlement, then certainly you ought not to have this Amendment, because it is inconsistent with all conceptions of federalism. If you take the view of so many critics, that the Irish Parliaments are to be Parliaments of criminals, then you ought not to pass the Bill at all. It is becoming rather necessary that the House should make up its mind what it does think of this vital question. I cannot help hoping that before very long the Government will put on the Paper that Clause which is going to tell us what will happen if the Parliament refuses to take action. I shall vote against the Amendment, because I do not desire to see the organisation of the Navy, Army, and Air Forces broken up into several local organisations. I do not myself believe, if the Irish Parliaments were perfectly loyal, there would be any very great danger, but there would certainly be very great inconvenience. The danger arises from the general arguments against the whole Bill. I do think we ought to make up our minds whether we are going on the basis that the Parliament as a whole will be untrustworthy or that it will be trustworthy.
Amendment negatived.
I beg to move, in Sub-section (1), paragraph (4), after the word "States" ["relations with foreign States"], to insert the words "other than commercial treaties or relations."
I would suggest that we might have a general discussion on the trade powers of these two Parliaments on this the first of two Amendments dealing with the subject.
I concluded that the two Amendments must be read together, but I must repeat the caution—do not let us discuss the whole Bill on each Amendment which comes along.
This surely is an Amendment which may be discussed without heat or the general strategical arguments which were brought in to defeat the last Amendment. The question of trade relations is surely a thing which might be handed over to the Irish Parliaments if necessary, and if possible we should like to see it exercised by the Irish Council. You have to start with sovereign powers on this subject in the hope that they will subsequently be forced to come to an agreement together to delegate them to some central body. That is the way in which most of the successful Parliaments of the Anglo-Saxon races have been created. The United States arose on the basis of sovereign States gathering together to make arrangements with regard to trade. The Australian Parliament originally consisted of sovereign States, and the Central Parliament was brought into existence because they felt the need for delegating those powers to a central body. We have been told within the last few weeks by a distinguished Australian Statesman, that they are calling a Convention to recast the whole constitution of their country and to give still greater power to the central Parliament as against the now subordinate States. I would point out the very large powers which this Bill already proposes to give to these Irish Parliaments with regard to trade, and what hopeless confusion and constant friction will arise from the continual interference of the Imperial Parliament in such matters. Under Clause 7, both Irish Parliaments can interfere with trade by the exercise of powers of taxation, and by regulations as to contagious disease. One of the chief causes of the war between Austria and Serbia was that the Austrian Government found it possible, by regulations as to swine fever, to prohibit the export of Serbian pigs to Austria. The Irish Parliaments will have powers as to enquiries or agencies, and by granting bounties, and in the case of quarantine; and as to navigation, including merchant shipping. That is an attempt to enumerate things which they can do, a principle which has already been negatived by the Committee. On a previous Amendment it was admitted that to attempt to enumerate the things which these Parliaments could do would make an extraordinarily big book. Let us trust these Parliaments in this which is not such a vital matter as control of the armed forces. Merchandise is a very different thing from munitions. If a man or a nation makes a mistake in trade or commercial policy the mistake will make itself manifest and it does not mean the lives of men. There is not one thing which Ireland can do to us which we cannot throw back on their own heads with infinitely greater power. Compared with the question of the Army, Ireland is not in such an advantageous position in merchandise. We have got the coal and the ships and Irish agriculture lives on the British industrial market. In every case we have the power, if necessary, to wreck Irish trade from top to bottom. To suppose that we need in addition all these pettifogging powers of controlling what they may or may not do is unworthy of the merchants of this great country who have been able to force their will all over the world by the power of the pound sterling. That power can show itself in Ireland just as in the Argentine. We have got power, in the cattle trade and all the trades in which Ireland engages, to do much greater damage to Irish trade than Ireland can do to English trade. There is no danger in this Amendment to this Kingdom, and it cannot be said we are asking this country to take any undue risk. In addition, it is trusting the Irish people on the idea that they are not our foes, and it is giving Southern and Northern Parliaments alike powers which will make it worth a man s while to seek election to them. For these and other reasons which I need not detail now, I beg to move.
5.0 P.M.
I desire to support the Amendment. I should like to say how grateful I am to the Noble Lord the Member for Oxford University (Lord H. Cecil) for saying what he did on the last Amendment, because I think on the question of trade relations, as upon all these questions, the Committee must really make up its mind what opinion it holds of the probable character of these Irish Parliaments which are going to be set up. The attitude of the right hon. Gentleman the Member for Duncairn (Sir E. Carson), if I may say so with great deference, is that he would accept the Bill so far as it applied to Ulster and would try to work it, with a mental reservation as to the Southern Parliament being composed of blackguards, robbers and murderers. One is not going to get very far if that is really the conviction of this Committee as a whole. As regards the specific point raised in this Amendment, I should like to emphasise what was said by the mover, that there is no danger in the transfer of these trade powers to the two Parliaments, working upon the general principle, which I believe he and I still believe in, that the only way to make the two Irish Parliaments a reality is not to cut down in a parsimonious fashion the powers which you give to them, but to make those powers as full as possible. What would happen if control of trade relations were given to the northern and southern Parliaments? Let us suppose, for instance, they were so foolish as to put a heavy export duty upon all goods coming into the country and a heavy import duty on all goods coming from this country. Our economic weapons which we could use to counter that action would be so much stronger than any they could use against us that they would very soon find they were extremely foolish in endeavouring to fight this country with commercial weapons. Therefore, I believe this Amendment will not arouse in this Committee the same accusations of folly against my hon. and gallant Friend and myself as were provoked by the last. If I believed that any of these Amendments which we have on the Paper would in the long run take Ireland clean out of the British Empire, or make her in any less degree an integral part of the British Empire, I would not have put my name to them, but it is because we believe that the method which is being tried by the Government at present in Ireland has broken down that we think it necessary to find some new method, such as we have embodied in these Amendments. I beg to second the Amendment in the hope that the Committee will discuss it from the point of view that it is not so vital a question as was the last and that they will, therefore, give it more earnest consideration upon its merits, without attempting in any way to suggest that my hon. and gallant Friend and I are not wise and have not thought at some length and to some purpose of the proposals in question.
No one could have listened to the speeches of the Mover and Seconder of the Amendment without realising that a very great deal of thought must have been given to their proposal, and hon. Members when they go home and study that great book "Alice in Wonderland," will begin to see where they gathered their philosophy from, for more upside-down proposals than we have had put before us this afternoon in this and the preceding Amendment, I think it would be very difficult to find. I think we should be wrong to condemn the hon. and gallant Gentlemen for in any way being illogical. As a matter of fact, they are demanding that we should put into this Bill at once what in my opinion must inevitably arise, whether we think it wise or unwise, and I think it may be that they are long-sighted and see that by setting up a Republican Government in Dublin it will almost inevitably happen that that Government, reinforced, as it will be, with all the authority of a Parliament, will go on insist- ing that these fuller powers should be given to them.
On a point of Order. Is it suggested that a Republican Government should be set up in Dublin?
That is not quite a point of Order.
Some things are too obvious to be put into the Bill. Does not the mere fact that this Amendment is brought forward by supporters of the Coalition Government show how we are at present wandering in the wilderness in this House, and how very far we are from facts and realities? The hon. and gallant Gentleman who moved the Amendment secured his seat on the ground that he was a Unionist. One can understand a federal development within the Union which would not impair the authority of the Union, but the proposal of the hon. and gallant Gentleman this afternoon strikes fundamentally at the whole question of the Union of the Empire, and indeed if they were to start that policy it could lead only to one path, namely, to the ultimate break-up of the Empire. The hon. and gallant Gentleman who moved the Amendment quoted the Australian States and the United States of America as an argument in favour of the Amendment, but there, I think, one must say that he has not given great thought as to how the Union of the United States of America and the Union of the Commonwealth of Australia came about. It was precisely these confused hostile arrangements as between the various States in both those instances which led to union, and yet the hon. and gallant Gentleman would have us go in the opposite direction here, within the small circumference of these two islands, and suggest that there should be three powers to make their own separate commercial treaties.
I simply said that as these confused powers had led to the union of the United States, so they would lead to the union of the north and south Parliaments in the All-Ireland Parliament.
I do not easily follow the argument, but apparently the hon. and gallant Gentleman says that because it was found there was confusion in the United States and therefore they had one central system in order to deal with commercial treaties, therefore, in order to follow out that successful precedent, we should do the exact opposite in this country and give three different Parliaments powers to make commercial treaties. I think the Committee will not tolerate anything of this description. It clearly means that, whatever are the dangers to this country, they are enormously enhanced by any such proposals as these. You are going to have bickerings and international complications inevitably set up as a result, and I hope the Committee will vote against the Amendment. Further, is it not a real argument as to why we should ponder before we go any further with the Bill when we see those who are supporters of the Bill, which is repudiated by every single party in Ireland, demanding alterations of the Measure here which could have one effect, and one effect only, and that is to lead to the absolute and entire independence of Ireland as a foreign State? Therefore, I hope that before we go very much further with this Measure we shall consider very seriously whether by merely prolonging these Debates we are not merely making the task all the more difficult in the future, for if proposals such as these are heard in this House when hon. Gentlemen come here in order to defend the integrity and unity of the Empire, it can only add to the aggravation of the Irish question in future.
(Minister without Portfolio ): The mover and seconder of this Amendment have, if I may say so, spoken with great moderation in support of their views, and they have told us that they have considered them very carefully. I may say that the Government also have considered the Amendment carefully, and I regret that I am not able to hold out any hope of meeting either of my hon. and gallant Friends. They ask that the subordinate Parliaments in Ireland should have powers to make laws relating to commercial treaties and relations with foreign States and with other parts of His Majesty's Dominions, but this is a power which is incompatible with the reservation of Customs, already in the Bill. No commercial treaty powers would be of the least value to these two Parliaments unless they included a power to make arrangements which would be carried out by either an increase or a reduction in Customs duties. It is not intended to give these two Parliaments, at any rate while they are separate Parliaments, any powers over Customs, and therefore, until such time as their union is brought about, it will be quite useless, as well as impossible, to give the powers suggested in the Amendment. I listened carefully to the argument derived from Australia, but the experience of Australia seemed to me to be directed in favour of the course which the Government has taken, because when the Australian States had their separate Parliaments, each with the right to make commercial treaties and Customs duties, it was found so inconvenient that those powers were centralised in the Australian Commonwealth. These treaty powers are centralised to-day in this Parliament, and the Customs powers are centralised to-day in this Parliament. Why attempt to decentralise into these other two States actually in face of the Australian experience? Far from finding Australia any argument in favour of the Amendment, it is all in favour of the course proposed by the Government. Experience such as we have in the matter is clearly on the side of the proposals in the Bill, and I must therefore ask the Committee to reject the Amendment.
Amendment negatived.
I beg to move, in Sub-section (1), paragraph (7), to leave out the word "quarantine".
This is not such an important Amendment as those which have already been discussed. On the face of it, it looks rather a small Amendment, but I think it is more important than it looks, because it touches one of the chief principles of the Bill. After all, so far as I can understand it, the principle of this Clause is that we should hand over to the local Parliaments local affairs, and that we should withhold from them anything that could possibly jeopardise Imperial interests. Hon. Members will notice that in Clause 9 we are arranging to hand over to the Irish Parliaments directly they effect a union very important duties, such as the postal service, the Post Office savings bank and trustee savings banks, designs for stamps, whether for postal or revenue purposes, and the Public Record Office of Ireland, and we are also going to hand over to them under another Clause the whole of the Constabulary, which is an armed force, and the Dublin Metropolitan Police within three years. That is to say, we are going to hand over some very important powers indeed, but under this Clause we are reserving these powers for ever. According to the Bill, these powers are never going to be handed over to the Irish Parliaments, and in most cases quite rightly, because I am absolutely in favour of the principle of only handing over to these Parliaments powers which can strictly be described as local powers, but I do not understand why you are including in those powers which are not to be handed over the making of regulations with regard to quarantine, which seems to me a purely local question. You are going to leave the Irish Parliament to deal with labour questions—questions affecting strikes, which might very rightly influence Labour questions in this country—and also enable them to pass Acts of Parliament dealing with sedition, a most important question, which might very likely prejudicially affect Imperial interests in many parts of the world; but you are withholding from them this very local, and, it seems to me, harmless question of quarantine.
We have already agreed under paragraph (7) of Clause 4 to give them powers to pass Acts of Parliament, and make Regulations for the purpose of preventing contagious disease in connection with track with any place out of Ireland, and, that being so, I do not see why you should not allow them to make Regulations and pass Acts of Parliament with regard to quarantine, the chief object of which will be to prevent disease being brought into Ireland. I really move this Amendment in order to give the Government an opportunity of explaining really what they have in their minds. If the purpose of this Clause is really to give the Irish Parliaments power over local matters, it seems to me that nothing could be more local than powers to make Regulations with regard to quarantine. Under Clause 6 the Imperial Parliament will still retain power to pass Acts of Parliament dealing with purely local Irish affairs, and the Irish Parliaments will not be able to do anything which violates the Acts of Parliaments passed here. Therefore, supposing the Irish Parliament did do anything under this question of quarantine which was undesirable, we could immediately pass an Act of Parliament putting it right.
This Amendment is certainly not of the grave and far-reaching character of some of those which preceded it, I not think my hon. Friend has quite realised the importance of the laws of quarantine. In the first place, they affect not only the United Kingdom, but they affect foreign countries, and, further than that, it is, I am sure, self-evident that, in the interests of Ireland itself and the trade of Ireland, it is essential that these laws for the United Kingdom should be of a uniform character. Quarantine has always been reserved, and I should be very sorry to see it transferred to those Parliaments. We in this country-enjoy a privilege which I do not think we value sufficiently—the privilege that comes from our insular position, plus the admirable sanitary administration which has been now the rule of this country, certainly since 1870, and which has resulted in saving us from many of those inflictions which other countries have suffered, and I think it would be very dangerous indeed to tamper with the existing legislation. This is not a question of local Parliaments at all. The laws of quarantine are very unpopular laws and often extremely difficult to enforce, and it is not because the local Parliaments are not trusted, but because it is desirable that the law should be uniform in the whole of the United Kingdom, that we ask the Committee to allow the Clause to stand as it is.
I thought my hon. Friend was going to produce some argument with regard to questions of navigation.
It has nothing to do with navigation.
I do not intend to press this to a Division, but it does seem to me a most extraordinary thing that the local Parliaments should not be able to make their own regulations in regard to this question of quarantine.
Amendment negatived.
I beg to move, in Subsection (1), paragraph (7), to leave out the words, "the regulation of harbours."
I move this Amendment because I want to have some explanation as to how far this goes. The harbours, above all things, are a very necessary part of the defence of this country in time of war. During the late War, the harbours in Ireland played a very considerable part, and, if you take the coast of Donegal, there are harbours of vital strategic importance. I do not know whether the words, "except as respects inland waters, the regulation of harbours," mean harbours within the inland waters, or harbours generally, but if it means that either of the Irish Parliaments would have power in any wise to affect the regulations either as regards merchant shipping, or particularly as regards Admiralty ships, and the way in which these harbours could be used in respect to those, I think the matter would become of great importance. It may be there is some meaning behind these words which I do not understand, and that the matter is perfectly innocuous, but I would like to be assured by my right hon. Friend that these words have been, or will be, fully considered, and that it will be made certain, beyond all possible dispute, that no powers or regulations made by the Parliament in either the North or the South of Ireland can in any way affect the use of harbours for strategic purposes.
This Clause gave the Government, when the Bill was being prepared, very grave anxiety. There were certain technical or practical difficulties. That is to say, port authorities and local authorities have, by their private Acts of Parliament, certain powers over harbours and ports. We decided that the powers conferred in the Act of 1914 went too far, and that they exposed the country to some danger of conflicting administration, or even greater risk. We, therefore, narrowed the Clause down to the words as they now stand. They are intended only to apply to those local questions to which I have referred, and if my right hon. and learned Friend will look at Clause 65 he will see the proviso—
"For the reservation of power to His Majesty to confer on the naval, military or air force authorities of the United Kingdom control over any harbours, lighthouses, light vessels."
This may be done by Order in Council. But I can share my right hon. and learned Friend's anxiety. I have had enough experience of the Bill to know that one has to be extraordinarily careful as to phraseology, and, in the light of what he has said, I will have these words very carefully examined again, and if they weaken in any way the control over harbours by the Admiralty or by the commercial authorities here, I will see that they are altered so as to carry out the obvious intention of the Government. This Clause has been most carefully examined by all departments of the Admiralty, and they are quite satisfied that, so far as they are concerned, this Clause, taken with Clause 65, gives them all the powers they require.
I am quite satisfied, and I am obliged to my right hon. Friend. I ask leave to withdraw the. Amendment.
Amendment, by leave, withdrawn.
I beg to move in Subsection (1), paragraph (12), after the word "tender," to insert the words "negotiable instruments."
The commercial community in Ireland consider this Amendment of very considerable importance to themselves, and I think I can give some reasons why it should be accepted by the Government. In the first place, there is, of course, very considerable trade between England and Ireland—trade which we hope will be increased. It is, therefore, exceedingly undesirable that there should be separate laws, or even the possibility of separate laws, on this matter. Take the question of bills of exchange. Belfast and Dublin, like all other large towns, have a large foreign trade, and depend to a large extent on the London Money Market for the discounting of bills. Any difference in law affecting bills would almost certainly affect the negotiations on the London Market, and would cause difficulty and hamper the trade of Ireland. Apart from the purely local question, the law to a very large extent is even wider than that of the United Kingdom, and it is, therefore, very undesirable to tamper with it. The third reason is this: To deprive the local parliaments of power to legislate regarding negotiable instruments is not depriving them of a power of which they could make much use if they dealt wisely with the subject. The law of negotiable instruments has been almost entirely built up by judicial decisions which recognised commercial usages. The principal piece of legislation is the Bills of Exchange Act, which only codifies the decisions. Thus the subject is one in which the Imperial Parliament has found little reason for its intervention.
I know that the trading community in the constituency which I have the honour to represent attaches the greatest possible importance to this Amendment. I cannot understand, when "coinage, legal tender, or any change in the standard of weights and measures" are prohibited, how you can possibly refuse this Amendment, or to put into the same category "negotiable instruments." My hon. and learned Friend who moved this Amendment put the whole matter in a nutshell when he said that these negotiable instruments were really commercial currency. The whole foundation of credit and of business is done by negotiable instruments. You do not pass money to and fro between these different countries. The whole foundation of credit depends upon the validity of and the laws made for enforcing and giving strength to these methods of carrying on business. In Belfast, of which I speak with more knowledge, the whole business is really carried on with great firms in this country. Is it not absurd to say that if Belfast owes this country money you may have one standard of negotiable instruments, and if this country owes Belfast money you are to have another standard of negotiable instruments? Nothing could possibly lead to greater difficulties in carrying out trade between the two countries.
Let me give another instance. Quite recently the two great banks in the North of Ireland have amalgamated with two great banks in London, one of them with the Midland and the other with the London, Westminster and Parr's Bank. I know that in the South of Ireland that is looked upon as a terrible act—in any way courting these great banks, or letting them have anything to do with the trade of Ireland. But they are finding out that the amalgamation of these banks brings to their doors a great deal of money and credit which they otherwise would not have, and brings into closer connection the business between Belfast and this great centre. Would it not be absurd if those banks, in their dealings with each other, in the dealing with negotiable instruments which are put into the common stock as assets of the companies, were to have one state of the law in respect to negotiable instruments that were made in Belfast with some of the banks, and another if they were made in England with the same companies? I hope the Government will sympathetically consider this Amendment. We look upon it as of vital importance.
We will have difficulties enough when the Act passes, because we are greatly afraid of the way in which our credit will be shaken when we no longer have this Imperial Parliament dealing with the commercial affairs of the community. Everything possible ought to be done to support the confidence and the credit which are so essential to the new Parliament.
The Government will accept this Amendment. I quite agree that it will be extremely bad both for Ireland and for England if there should be any block put in the way of the free flow of credit between the two countries. It is possible that unless negotiable instruments are reserved in the manner suggested by this Amendment the fluidity of credit so essential may be jeopardised. Therefore the Government will accept the Amendment.
Amendment agreed to.
I beg to move, in Subsection (1), after paragraph (13), to insert then Postmaster-General. He based his decision frankly on one ground and one ground alone, and that was that the Irish Post Office was being run at a loss. He stated that in 1893 the annual loss on the Irish Post Office was £220,000; this had grown in 1912 to £256,000. The Post Office figures for the 12 months ending March, 1919, show that that loss had fallen to £27,000. The Committee will realise that the increased postal charges to which the House agreed in May, 1918, had only been in force for about nine months. T think it is a fair assumption that when we get the figures for the year ending 31st March, 1920, we will find that the Irish Post Office shows a profit. I wish, however, to discuss the matter from a wider standpoint than that merely of the question of profit and loss of the Irish Post Office.
Throughout all the discussions which have taken place in connection with this Bill the question of federalism has always been considered. I must confess that when I saw how the Post Office stood in relation to this Bill I was extremely surprised, because I understand the Bill had been drafted by a Committee presided over by the right hon. Gentleman the First Lord of the Admiralty. I have always regarded him as the high priest of federalism in this House. I want to suggest that this is the most anti-federal proposal in the Bill. In the United States and elsewhere, where there is an organised federal system, the Post Office is considered essentially a matter to he kept by the central Government. In the speech made by Mr. Herbert Samuel to which I have alluded, he made an unfortunate allusion to Germany, which was not, after all, in pre-War days, such a perfect example of the federal system. It seems to me that one great principle of federalism is that of symmetry. Every constituent State should be in the same relation to the central Government as any other State. That is admitted. This proposal in the Bill to have a separate Post Office will be exceedingly awkward if any system of devolution is carried out. I should like to read an extract from a speech made by the present First Lord of the Admiralty on 18th May last. On that occasion the right hon. Gentleman said: of a leased line the cable companies might be denied the use of another wire. If poles which carried both leased lines, and those belonging to the Irish Post Office, were blow down, a dispute might easily take place as to the responsibility of replacing them, and in any case the Imperial Post Office would have to maintain a staff in Ireland to look after the leased wires. The only other point to which I wish to refer is that of national defence. I am not personally qualified to express an opinion on this, and I shall therefore quote from a circular issued last September by a body which I am sure commands the respect of the First Lord of the Admiralty, that is the Navy League. This circular says:
I am not the least surprised that my hon. Friend has moved this Amendment, because it deals with a very important and extremely difficult question. First of all I should like to dispose of one question which he asked, but before doing so I should like to take this opportunity of expressing my gratitude to my hon. Friend and other critics for the remarkable self denial they have displayed in not quoting more from my speeches than they have done. Evidently they did not think they were worth quoting, but certainly there are enough of them to fortify them in the course they have taken on this Amendment.
My hon. Friend asked a very pertinent question. He pointed out that I have recommended on behalf of the Government the acceptance of this Bill upon what are called federal lines. Some criticisms have been passed by my Noble Friend upon our several proposals, but I will reserve what I have to say on that point for another occasion when he is present. I do not profess to be an authority upon these great constitutional questions or federal questions. I have done my best to study the federal constitutions. of the world, and to ascertain what are the definite basic principles upon which any plans which may properly be called federal plans should rest. Upon one thing I am quite clear. It is not only inconsistent with federalism, but it would in my opinion be destructive of federalism if you laid it down that each component part of the federated body should enjoy exactly the same powers. It is not necessary that their numbers should be exactly the same. My hon. Friend asked whether, if Scotland was granted a federal system to-morrow, the Government would propose to grant a separate Post Office for Scotland? My answer is that I should. reserve the reply of the Government until we were considering how to apply a federal plan for Scotland, and how we were to build the Scottish wing of the federal building.
When I first came to the consideration of this question, I confess that I was inclined to reserve the Post Office. I thought it was an Imperial Service and that there must be great practical difficulties in transferring it. I do not think it can be said that in our proposal there is anything which shakes the Imperial fabric or threatens it in the smallest degree. This is a question of practical every-day politics. It is a question whether you can have a Post Office, which is now one, divided up between the federal Parliaments without undue risk. I confess I was very much affected by what my hon. Friend said to the effect that the Post Office in Ireland, although it is part of the general postal system, is worked and manned almost exclusively on the advice of the Irish Ministers for the time being. It is a purely Irish body. All the officials are Irishmen, and any attempt to introduce outsiders would be very strongly resisted.
At the present moment the Irish Post Office is part of the Post Office of the United Kingdom and is under the Central Government. I do not hesitate to say that I think it is an impossible task for any Ministers to secure that the Post Office of Ireland can be properly worked even with the most vigorous control. I do not think you have any right to interfere with them in a purely domestic question. We have failed to, control the Post Office in Ireland, and I do not think we are justified in saying that control ought to remain in our hands. Perhaps the Committee will forgive me referring to my own personal position, which is not easy or pleasant, because I am exposed to the criticism of having changed my views. May I be permitted to say that I have not changed my views, but I realise that the whole situation has been changed by the passing of the Act of 1914. We have to consider in this Bill what we can do to set up Local Parliaments with sufficient power to justify their existence, with some dignity and authority, without peril to the Central Government and to the Empire. I think this is a service which can properly be transferred. May I point out that there is no proposal to transfer the Post Office at the present time. The difference between my hon. Friend and the Government is a difference of time. The question is whether it shall ever be possible or whether it should be reserved in perpetuity. My hon. Friend proposes the latter, and the Government, under Clause 10, propose that it should automatically pass when union between the two Parliaments takes place. Until then this service is reserved for the Central Parliament and will remain as it is now, and my hon. Friend suggests that it shall be reserved for all time.
On balance, the Government came to the conclusion that it would be wiser and quite secure to establish the Post Office as part of the Irish Government administration. This would involve a postal union between the two countries. That point has been considered by the Post Office, and the Postmaster-General authorises me to say that he thinks it is practicable. On these grounds, although my hon. Friend and others feel strongly on this question, I hope they will not press this Amendment. In all quarters of the House there are those who foretell all sorts of disasters for these Parliaments. I do not wonder at this, because of our past experience. As Parliament has decided almost unanimously that this attempt shall be made to set up two Parliaments, I confess that I wish it were possible to do this with more good will. I am satisfied if we are to bring these two Parliaments into existence with any chance of future success that we must, at all events, give them such powers as will justify them in feeling that they are to a very large extent in control of their own affairs. For these reasons I hope my hon. Friend will not press his Amendment. If he does press it, the Government must resist it.
I am sorry the Government have arrived at the decision which has just been explained by my right hon. Friend. I well remember the old controversy upon this point I do not think when Mr. Gladstone first brought in his Home Rule Bill that anybody, even on his side, would ever have thought for a moment of conferring a separate postal authority on Ireland, and he certainly omitted it from the first Home Rule Bill. I remember the controversy in regard to the last Home Rule Bill, and a compromise was come to under which the Irish Parliament would have a right to deal with postal matters within Ireland, but the Imperial Government reserved all postal matters outside Ireland. Now, as I understand this Bill, if there is a union between the North and the South, and they become one Parliament, there is to be an absolutely independent postal service under an absolutely independent authority in Ireland. I have met many of our friends from the Over seas Dominions, and the one thing above all others they have always said to me was, "How on earth could anybody ever dream of setting up a separate independent Post Office authority in Ireland from that existing in Great Britain?" What does the postal service mean? The House may not have looked at the definition. In includes
When you have set up your independent postal service what will it mean? It will mean that Ireland must immediately begin to enter into arrangements with foreign countries as regards her postal services proper, and not only that, but she will have to enter into arrangements with telegraphic and telephonic companies—entirely separate arrangements from those which are made by this country. By a decision of this House we have just pre- vented her entering into any sort of commercial treaties, but it seems to me that if she is to have her own postal service she will of necessity have to make commercial treaties of some kind with foreign countries, and we shall be driving her into a position separate from this country within the Postal Union which generally regulates all these matters. I cannot imagine anything more disastrous. Just fancy if we were at war and the Irish postal authorities proceeded to enter into arrangements entirely different from our own, so that we could not get our telegrams or posts through as we do now! What the object of this provision is I do not know. It does not seem to me to be a matter of sentiment. On the contrary it would appear to be an entirely business matter whether there should be one central postal authority for the country as a whole, or whether we should divide it into several parts, each to have the power of making arrangements for itself. I cannot imagine a worse method of carrying on business, and therefore I cannot think that the Government have come to a wise conclusion.
Perhaps I may be allowed to make this observation. So strongly will the North of Ireland feel the necessity of keeping up as close a connection as possible with this country through its postal services and its telegraphic and telephonic communications, that I cannot but believe that the very fact that this separate postal authority would be possible would be quite sufficient to bar any union between the two Irish Parliaments. You want to bring about union, but it does not seem to me it will be possible if you are to deprive them of the facilities they now enjoy of communication throughout the whole Empire. I do suggest that this is a matter which ought to receive further consideration. Again, what is going to happen when you set up these new postal authorities? You will immediately take away from the Post Office the administration of Old Age Pensions and National Health Insurance hitherto undertaken by the Postmaster-General, as well as of other duties of a similar character which may be excluded by Order in Council. What are you going to do then? Will you no longer trust the Post Office to carry out these things? This is a business arrangement after all. You will have to set up a new Imperial Department in Ireland to do the work which you will take away from the Post Office, and anything more unbusinesslike than that I cannot imagine. I think that the example which we have in Canada, with its one central postal authority for all its Parliaments, is a wise one to be followed in this Bill, and if my hon. Friend who proposed this Amendment should feel it necessary to press it to a Division, I shall be glad to support him.
I wish to deal rather with that part of the question which affects the communications of the armed forces of the Crown in Ireland with London. In considering this matter we must not think merely of to-day or to-morrow, or of three years' hence. We must look to the far distant future. There may arise in that future eventualities which we hope will not, as a result of which it would be of the utmost importance to the Empire to maintain our communication with Ireland, and particularly with the west coast. I am most strongly in favour of retaining the postal and telegraph services, quite as much as the submarine cable and wireless services. I am most anxious that these should remain in the hands of the Imperial Government for ever. We were told just now that there was nothing to be afraid of in setting up an independent Ireland with its own army and navy, and that the danger accruing from such an Ireland was less than the danger which might accrue from a hostile Portugal or Belgium, which have been our Allies for many years. But small as such a danger might be it is a poor argument for setting up a potential additional danger—
May I, with great respect, intervene in order to put forward a suggestion? The Committee are, of course, aware that a presentation is about to be made to the daughter of the Lord Privy Seal (Mr. Bonar Law), and it seems to me it might not be inconvenient, if the Committee thought fit, to suspend the sitting for half an hour in order that, by our presence, we may show our interest in the event.
As I understand it is a matter of interest to the whole of the Committee, I am sure that I shall have the assent of the Committee in adopting the right hon. Gentleman's suggestion. I therefore propose now to leave the Chair, and to resume my place at a quarter before seven.
Sitting suspended accordingly.
On resuming at a quarter before Seven
I appeal to the First Lord of the Admiralty not to shut out the possibility of taking another view of this question from that which he has taken already. I am sure he cannot have failed to have been impressed by the arguments that have been put forward, that if it is intended to set up federal bodies the Post Office should not be treated in the way proposed in this Bill. Speaking from the point of view of the North of Ireland, having made up our minds that we will not oppose this Bill, we naturally set ourselves to see what powers we should ask for. If we are to have a Parliament of our own we want to have as much power as we think we can reasonably ask from the Imperial Parliament, and if we felt that we should be better with the Post Office in our own hands we would agree with the Government in the provision that they have put into the Bill. We feel that the Post Office, divided up in the manner suggested in the Bill, will lead to a great deal of trouble, and will bring about a situation which I am sure is not contemplated by the Government, and one which in the end will create a great deal of inconvenience not only to the Imperial Parliament and the Post Office of this country, but also to the two Parliaments, and, finally, if it comes about, to the Parliament for the whole of Ireland. Therefore, I hope the right hon. Gentle-roan will see his way to reconsider this matter. If he could give us a promise or hold out a hope that between now and the Report stage the Government will look into this question again we shall be satisfied. I ask him not to shut the door or to tell us that the Government have finally made up their minds that the provision shall stand as it is in the Bill. If he would accede to our request it would obviate the necessity of a Division tonight. If the Government look into the matter I feel sure that they will come to the conclusion that the arguments put forward in favour of the Amendment are sound and that the Bill would be very much improved by adopting it.
I have endeavoured to find out how the Government think that it would be advantageous to a possible arrangement of federalism between this country and Ireland to treat the Post Office in the way suggested. The proposal appears to me to be absolutely opposed to the federal principle. If we. look to our Dominions, and to almost any other part of the world, we find that the postal arrangements are generally made as uniform as possible. The proposal to make the Post Office in one part. of the United Kingdom separate from the rest of the United Kingdom is unbusinesslike, and on that account I oppose it. I am a Home Ruler in principle, but I believe that Home Rule ought to be reserved for those subjects which can be most efficiently exercised in the federated parts of the United Kingdom. The Post Office and Customs and Excise are very much on the same lines in regard to real union between England and Ireland, and I trust that the Government will reconsider this matter and not decide it to-night. They would be more than justified in deferring a decision on a matter of such importance until we have had more time for consideration.
I join with other hon. Members in hoping that the Government will not persist in the proposal as it is in the Bill. If we look at this matter from the federal point of view, the proposal conflicts with every other system throughout the world, where we find that postal matters are reserved to the Central Government, the whole effort being to, promote the greatest possible co-ordination throughout the whole world in postal matters. Hence we have international control of them. Arguing from that point of view, I do not think we should split up the control as it is proposed in the Bill. I question one of the principles laid down by the First Lord when he said that he did not think that in a federal system it would be necessary to have a uniform devolution to the various federated parts. Unanimity is desirable, and the hon. Gentleman who moved this Amendment was right in putting the question, "What would you do if it came to allocating powers to Scotland and Wales? Would you give them a similar power over the Post Office, or withhold it? "The reason for unanimity lies in the fact that you have in the central power a Parliament in which the federated parts nave representation, but if you have a different postal system in Scotland from that in Ireland, then you would have Scottish Members excluded from consideration of the Irish postal question, while Irish Members in the Central Parliament would have a vote on the postal system to be applied to Scotland. That argument applies in other directions, and the only way to avoid that is to have a uniform system. If we are to adopt the Government proposal, the question raised by the mover of the Amendment is pertinent. I hope the Government will not persist in their proposal, which the right hon. Gentleman has told us is not vital from their point of view, but is put in to clothe these new Parliaments with a little extra power for the sake of satisfying expediency and not any point of principle.
In view of the strong opinions which have been expressed on both sides of the House, the Government will reconsider this matter before the Report Stage. My right hon. Friend the Member for Dun-cairn (Sir E. Carson) said that this proposal would be an absolute and positive barrier to union. I would point out that the two Parliaments now by the constituent Acts constituting a united Parliament can make special provision for the Post Office. We will see whether it may not be possible to remove any chance of the Post Office going over to the United Parliament and forming an actual barrier to union. If we can find a method whereby union can take place without the Post Office going over, if either of the two Parliaments prefer that the Post Office should continue to be reserved to the United Kingdom, we will do so. Without wishing to pledge the Government to the actual method of dealing with this question, I am authorised to say that we will try to deal with it before the Report Stage. There are practical reasons why, if it were possible, the Post Office should go over. The Post Office has an administrative side beyond that of merely carrying letters or dispatching telegrams. For instance, if the Irish Parliament wishes to raise a loan it will very likely wish to use the Post Office for the purpose of placing its bonds amongst the local subscribers. Other matters are now dealt with through the Post Office, and its use is one of the administrative elements, and there might be difficulty if that were entirely divorced from the Government of United Ireland. However, we will consider the matter before Report, and I hope my hon. Friend will withdraw his Amendment.
I am obliged to my right hon. Friend for saying that the Government will reconsider the matter. I do not quite understand one observation he made when he said that the two Parliaments can by identical Acts set up a postal service. I do not think that is so in the Bill, and I should be glad to be relieved of the idea that any such thing can happen. Clause 9 says:
"(a) The postal service (b) the Post Office Savings Bank and Trustee Savings Banks; (c) designs for stamps, whether for postal or revenue purposes … shall be reserved matters until the date of Irish union."
Therefore, even if they did pass identical Acts now in that way they would have no effect.
7.0 P.M.
It was in order to provide that union can take place if the two Parliaments desire it without necessarily bringing in the Post Office. I think my right hon. and learned Friend is right as the Clause now is, but it is upon those lines that we propose to consider whether something should not be brought in before the Report stage.
Clause 9, Sub-section (3), specially provides that if the two Irish Parliaments desire, the postal service can be transferred.
The right hon. Gentleman has stated that the Post Office is an administrative service, and that the Irish Government would use it in raising loans and so on. That equally applies in Scotland and Wales if there be devolution, but having regard to the assurance of my right hon. Friend, I will ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
I beg to move in Sub-section (1), after Paragraph (13), to insert
"(14) Dissolution and declaration of nullity of marriage."
These two matters are really separate, though both are, in the South of Ireland at least, of importance, because it is possible that religious differences might cause various difficulties. Divorce law in Ireland is different from what it is in this country. The Matrimonial Causes Act, 1857, does not apply. If people domiciled in Ireland wish to obtain divorce they have to come to Parliament for a private Bill, and before they can get that private Bill they have to get two different decrees. The first is a decree a mensa et thoro. That is the equivalent, I believe, of the judicial separation which is granted in this country. In addition they have to get another decree which is now obsolete in this country, a decree crim. con., and when they have got both those decrees they can apply to Parliament for a private Act. That is a very expensive process, but it is better than nothing. Under the Bill people in Ireland will have to rely on their local Parliament to pass some general law to deal with divorce as whole on the lines perhaps of the Act of 1857, or else to proceed by Private Bill legislation under the present system. There is not very much likelihood of divorce being looked upon favourably by a Parliament with a Catholic majority in the South of Ireland, because the Roman Catholic Church, I believe, does not recognise divorce, though it does recognise the annulment of marriage for reasons very different from those which are considered under the British divorce system, such reasons as consanguinity, and various matters quite unrelated to what we call divorce, and it would not be likely to have anything resembling a divorce a vinculo matrimonii. I hope that, in view of this difficulty, the Government will allow divorce to remain a reserved matter. The question of nullity is rather different. I do not think the fear is that decrees of nullity would be given with too much difficulty. The danger is rather that they might be given rather too freely, because there is what I understand is a ne temere decree under which, if a Catholic marries a Protestant, the marriage, unless it has been approved of previously by the Roman Catholic Church, may be declared null and void. I do not know whether there is any very great danger of it, but it is feared by certain people that they might possibly be hit by a Roman Catholic Parliament in the South of Ireland passing some special legislation as to the nullity of marriage. Therefore I hope that the Government will accept the Amendment as a safeguard against disabilities which might possibly arise from religious differences, especially in the South of Ireland.
I would Ike to deal with the last point first. As regards the suggestion that there is any question connected with the general decree within the power of an Irish Parliament, if my hon. and gallant Friend will refer to Clause 5 he will find that there is a provision that there shall be no power to make laws, to make any religious belief or religious ceremony a condition of the validity of any marriage. This fully meets the point put forward. With regard to his other point in reference to the dissolution of marriage, he is perfectly correct in stating that there is no power to dissolve a marriage in Ireland save by a private Act of this Parliament. There would be no difficulty at all in passing that Act still. People will have to get, as they got in the past, a decree which is tantamount to a judicial separation in this country, and will also have to get a verdict in an action for criminal conversation against the seducer of the wife—the other case would not arise. With those two they would still be able to get an Act of Parliament. If he looks at Clause 7 my hon. and gallant Friend will find that it is not an exclusive matter. The Council of Ireland can deal with Private Bills, but it does not exclude the Imperial Parliament, and I think he will find that the Amendment is unnecessary.
I do not think the Attorney-General has met the point. I accept entirely what he has stated as to what is the law at present in Ireland. It is quite true that this will remain after the Bill passes, but what is to prevent the Irish Parliament altering that l If the Attorney-General can satisfy the Committee that those rights will still be preserved, that will get rid of some of the objections that have been made by my hon. and gallant Friend, but I see nothing in the Bill which prevents either a Southern or a Northern Parliament putting an end to that state of affairs. That would be the abolition of divorce altogether. That I am quite sure the Government do not mean. I think that this really raises a larger question. I have had a great many years practice now in the Law Courts, and nothing to my mind is worse than the differences all through the Empire on this question of divorce—the reasons for granting it, and the effect of it. A divorce may be good in one place and bad in another; you have that all through America. I think it would be far wiser to have a central Parliament dealing with these laws than to give local powers which can create different grounds for annulment of marriage in different places. It is well worthy of consideration as to whether such an Amendment as this should be adopted. I think it a retrograde step, and that there will have to be greated intercommunication with the Colonies as to making these divorces general rather than having these local differences. I hope that the Government will reconsider the matter.
The Attorney-General has stated, I understand, that Clause 5 contains words rendering it unnecessary to insert the words proposed by my hon. and gallant Friend.
Dealing with the point of nullity.
I quite follow that, but it would not altogether dispose of the reasons which led my hon. and gallant Friend to move this Amendment, because the words contained in Clause 5 preventing the Parliament from making any religious belief or ceremony a condition of the validity of a marriage, would not prevent Parliament from passing a law saying that non-compliance with such a decree as the ne temere should be a ground for the dissolution of a marriage. In other words there is a difference between the validity of a marriage and the voidability of a marriage if the law permits the marriage to be voided. The words are either superfluous or are required in order to make it quite plain that this Parliament will not have power to make laws either decreasing or increasing the grounds on which a marriage may be void or declared null. I take the view that the Amendment is necessary to prevent laws of that character being passed, though, so far as they go, the words in Clause 5 do give some protection. But it is most undesirable when there are two countries in constant communication with each other to have a woman a wife in one country and a mistress in the other. That is likely to be the position unless it is made perfectly plain that only this Parliament is to have control over laws of divorce. I hope the right hon. Gentleman in charge of this measure will see that this is a point of substance, and will deal with it in view of the very strong opinion entertained by hon. Members.
I desire to enter a caveat against the theory propounded by my hon. and learned Friends who have just spoken. The law of marriage and of its dissolution is, surely, a purely local matter, and nothing can be more so. In Scotland, for example, we have long had a different marriage law and a different divorce law, and it would never be assented to that that law should be assimilated to a central pattern. The Irish, both north and south, should be allowed to deal with their own marriage law, the Catholics of the south just as much as those of a different persuasion in the north; but I think the right of petitioning for a Bill of Divorce should be maintained if the law in Ireland does not in itself recognise divorce. The right is exercised now only by Protestants in my experience, and they should be ensured a continuance of the right. Subject to that, I hope the Government will maintain the position they have taken up.
I think it necessary that some addition should be made to the excluded powers. Whatever is not excluded or reserved by this Bill falls under the power of the local Parliaments in Ireland. That being so, the local Parliament in Ireland will have the right to deal with and legislate on this subject. Clause 5 affords no answer whatever to the arguments that have been put forward It is merely a declaration that no one shall be prejudiced by reason of his religious belief and that the celebration of marriage shall not be affected by the fact of differences of religious belief between the parties. This subject should be either excluded or reserved. I should prefer exclusion. As far as I can recall the words in the British North America. Act, they are "marriage and divorce," and those are put amongst the specified powers reserved exclusively to the central legislature.
I would like the Attorney-General to clear up a misconception. I understood him to say that under this Bill the Irish Parliaments would have no power to deal with their own divorce laws, and that the system existing at present, by which a person has to get a private Act of Parliament through the House of Commonns and the House of Lords, would continue. Surely there is nothing to prevent either Parliament in Ireland from altering its divorce laws, if it chooses to do so. Might I call attention to Clause 6 of the Bill, which says that
"Neither the Parliament of Southern Ireland nor the Parliament of Northern Ireland shall have power to repeal or alter any provision of this Act (except as is specially provided by this Act) or of any Act passed by the Parliament of the United Kingdom after the appointed day."
Surely any Act passed before the appointed day could be dealt with by the local Parliaments. The right hon. Gentleman should let us know definitely, from a legal point of view, whether the Irish Parliaments will or will not be able to deal with the question of divorce under this Bill.
I thought I made it clear that we intend to insert words which will reserve to persons the right they have at present of promoting a private Bill in this House and the House of Lords, and that nothing in this legislation will affect that. That is, I understand, the object of the Amendment.
On the understanding that the right hon. Gentleman will introduce those words, I ask leave to withdraw the Amendment. I understood him to say that it was already provided in the Bill.
Amendment, by leave, withdrawn.
Question proposed, "That the Clause, as amended, stand part of the Bill."
Before this Clause is adopted I wish again to make a very earnest appeal to the Government to reconsider this portion of the Bill. I do not think it will be denied either by Members of the Government, and I am certain it will not be denied by Members in any other part of the House, that the whole course which this Debate has taken and every Amendment on this Clause which has been moved have tended to prove that this is the crucial and cardinal Clause of the Bill. All the Amendments moved this afternoon have illustrated in a very striking way the difficulty into which the Government have got by turning their Bill round in this way—that is to say, by reserving only certain powers to the Imperial Parliament and giving the whole residue of authority into the hands of the two provincial Parliaments. We have been told over and over again, and more particularly in this Debate on this Clause, that the Government have framed their Bill on a federal model, on Colonial models. The First Lord this afternoon rather plaintively complained that his speeches had not been quoted in the course of the Debate to-day. They have been very frequently quoted in earlier Debates, because it is he, more than any other Member of the Government, who has laid it down that in the framing of this Bill the Government have intended, whatever the result, to proceed on federal lines.
"What we have sought to do all through in the composition of this Bill is to follow as closely as we can the federal analogy which is to be found in our Dominions,"
That was said by the right hon. Gentleman, I think, on Second Reading. Again, on the last occasion on which this Clause was debated, when I moved an Amendment tending in a federal direction, the First Lord of the Admiralty said:
"The Government have tried since the introduction of this Bill to make it clear that in drawing up this scheme they have been governed absolutely by a desire to make it ultimately part of a federal scheme."
I make a very respectful appeal to the Government to indicate where these federal principles are to be found in the text of the Bill. If it had not been for the fact that we had been assured, I, at any rate, would not have been any party to the Second Reading of the Bill. I have spent a good part of the Whitsuntide recess with a microscope trying to discover a trace of this federal germ, and I confess that my researches so far have been entirely unrewarded by success. We were told before the recess by the Minister without portfolio (Sir L. Worthing ton-Evans) that it passed the wit of man, or, at any rate, the wit of the Cabinet Committee, to draft a list of delegated powers. Since that time, I daresay, some Members have had an opportunity of studying Mr. Speaker's Report of his Conference on Devolution. The Committee will remember that there were two Reports, one by Mr. Speaker and another by a Member of this House. In the Appendix I find a list. Of what? Of powers devolved on local legislatures. First there is the regulation of internal commercial undertakings. Then professions and societies, with a number of sub-heads; order and good government, with a number of sub-heads; ecclesiastical matters, with a couple of sub-heads; agricultural land; judicial and minor legal matters; education, primary, secondary, university; local government and municipal undertakings; public health, and so on. There you have a list of the powers which, under the scheme of Mr. Speaker's Conference on Devolution, it was proposed to devolve on the local legislatures. Then there is another list of powers reserved for the United Kingdom Parliament, and a sentence to which I would ask the careful attention of this Committee is the concluding sentence of this Appendix. It is printed in large type as follows:
"All other matters not expressly enumerated in the above list are reserved to the United Kingdom Parliament."
Precisely. It appears, therefore, that that which passes the wit of man or the wit of the Cabinet Committee to devise, has been devised by Mr. Speaker's Conference. This is not a matter which I began to think about since this Bill was introduced. I have given a good many years of my life to the study of the federal systems of the modern world, and I do not know a single federal system which proposed to do what is done under this Bill, not one. There are other Members who are entitled to speak with much greater authority than I am on this matter and they have spoken and with unanimity. I do not know that a single person has spoken on this Clause and controverted what I have ventured to say except those who speak on behalf of the Government from the Government Bench. Even at this relatively late hour in the fortunes of this Bill, I venture, before this Clause is ordered to stand part, to make a very earnest appeal to the Government. This is not a light matter, but a crucial question in connection with the Bill, and I request the Government to reconsider this vital point and to whether they cannot, in relation to this Clause, consent to reconsider the matter and proceed on the practical federal basis of delegating certain specific powers and reserving all other powers to the Parliament of the United Kingdom. I am perfectly confident, from such study of the question that I have been able to give to it, that that is the only said method of procedure in relation to this Bill. Every Amendment which has been moved on this Clause has only tended to confirm my opinion, and it is in that opinion and in that confirmation of it that I make this appeal for reconsideration of the Clause.
I am not going over the ground just covered by my hon. Friend, which I have put forward on a previous occasion, and also earlier to-day in the course of the discussion. I am sure every Amendment that is discussed will show that the Bill has been formed on an entirely wrong basis. It strikes out on a wholly and entirely new system which has no precedent in any country that I am aware of, or that my hon. Friend is aware of, and he has, perhaps more than any other man in the House, studied this question. I believe at every moment during the discussions you will see the great inconvenience of not having followed some-' thing like the British North America Act, which, after all, settled a tremendous controversy, and controversies just as great as the controversies between Ireland and Great Britain and between Southern Ireland and Northern Ireland. Canada had been divided up in a somewhat similar way, and eventually there was passed the British North America Act. That Act has now been in force since 1867, and it has been, on the whole, perhaps one of the most successful pieces of legislation that this House has ever brought forward. I have been myself at discussions in the Privy Council where questions arose under the Act, and, although no doubt there have been, as there must always be, difficulties under statutes of the kind, the Act has given the very greatest satisfaction to the Colonies, and under it Canada has risen into a great Dominion, of which we are all proud, and shows a cohesion which they may well be proud of. I cannot but think we ought to have followed the precedent of that Act far more closely in trying to solve our present difficulties in relation to Ireland. I have made that statement two or three times since the Bill commenced, and I am not now going to pursue the subject further. I should like to ask my right hon. Friend what the second Sub-section of this Clause means. Having given there a large number of matters which are excepted from the powers of these two Parliaments which we are setting up, that Sub-section states:
"The limitation on the powers of the said Parliaments to the making of laws with respect to matters exclusively relating to the portion of Ireland within their respective jurisdictions shall not be construed so as to prevent the said Parliaments by identical legislation making laws respecting matters affecting both Southern and Northern Ireland."
What does that mean? Does it mean that even as regards all these exceptions if you can get the two Parliaments to pass identical laws then those exceptions do not apply? If that is not the meaning, is this the meaning, that, notwithstanding anything we have said in this Clause, apart from these exceptions these two Parliaments shall have the power to pass laws? I do not see what the object of that can be, as you have already in the Bill given them the power to pass laws. My own view for what it is worth at the present moment is that there would be a very serious argument on this Sub-section that where you got the two Parliaments in agreement, and if they were prepared to pass identical laws, none of these exceptions take place at all. That is the only meaning I can put on it at present, and I should be much obliged if the right hon. Gentleman would tell me what is the construction he puts upon it.
With regard to the point made by the right hon. and learned Gentleman, I suggest that the clause would be impracticable in operation'? The Northern Parliament might pass one Act and the Southern Parliament another. Are the Acts of each of those separate Parliaments to run in the area over which they have jurisdiction, or is that of the South to run in the North, or that of the North to run in the Smith? My right hon. and learned Friend says we would have been wise to have followed the British North America Act. I myself have been practically born and bred under the operation of that Act, and I would say this in regard to it. Legislatures in Canada, in Quebec and Ontario, did attempt by identical concurrent legislation to pass Acts that would operate in both, but the Judicial Committee of the Privy Council in 1881, in the case of Dobie and the Temporalities Board, decided that they could not do anything of the kind by concurrent legislation. The scheme of this Bill is not based on the British North America Act, which is the oldest British experiment providing that if separate provinces come together certain powers should be assigned to the local legislatures and certain other powers should appertain to the central legislature, and that all powers not exclusively delegated to the local legislatures should be under the central legislature. This proposed legislation is the very reverse. It will not do to say that this proposal is not federal, because this legislation has authority in this respect. The British Colonies of the United States after their secession delegated certain powers to the Central Government and retained the residue, and in that respect there is something of an analogy. Saving that, in other systems the principle of this Bill is not followed. I am dealing with the proposal on the assumption that these are going to be workable Acts, and that they contain certain provisions for the working of the Acts. I say that this limiting Clause is unworkable, and I think that on the whole the question requires further consideration, and that the Government would be wise to give it that consideration.
I think this Clause requires greater consideration than has yet been given to it by the Government. The real gist of the constitutional machinery of the Bill is contained in this Clause. We are not satisfied with the explanations given by the Government on the Clause. There is one thing I may mention in connection with the British North America Act of 1867. No one can say that when the Canada Act was passed in 1867 the Government of the day were dealing with an easy situation; on the contrary, they were dealing with a very difficult situation, and I think that ought to be brought out in the Debate, because anyone looking at Canada to-day might be inclined to think that when the Canada Act was carried the situation was an easy one.
I do not think the dangers to be faced from the system of exceptions such as we have in this Clause with regard to the possibility of new inventions has been sufficiently considered by the Government. We live in a time when the whole of the machinery of life is being constantly overhauled by fresh scientific discoveries of all kinds. The example of wireless telegraphy is one, and aerial navigation is another, but is anyone bold enough to say that in the next ten years there will not be some discovery which will not revolutionise life? When I first came into the House, 16 years ago, such words as wireless telegraphy or aerial navigation were unknown in Acts of Parliament, and Parliament has since constantly been compelled to pass Acts dealing with those matters; but, to come from the principle to a mere detail, I am very doubtful whether the words wireless telegraphy would, for example, include wireless telephony. It is now possible by means of wireless telephony to extend the principle of wireless telegraphy, and I should be very doubtful whether paragraph (9) would deal with that. There is every chance that, in the next few years, there may be some fresh discovery of a fundamental kind which would make it necessary to bring in an amending Bill in order to deal with it, which might quite conceivably be a very difficult thing to do at that time. We had from my hon. Friend, who opened the discussion on the question that the Clause stand part (Mr. Marriott) and who is the greatest constitutional authority in the House, a very carefully reasoned speech in favour of the federal plan, and I am bound to confess that the suspicion rests in my mind that the Government are not entirely sincere in their treatment of the Committee over this Clause.
I am singularly unconvinced by the way in which the Government's spokesmen have dealt with the objections to proceeding on a federal basis. I know it is extremely difficult on a particular Clause without going beyond the rules of order to do more than refer to the whole question of the possibility of a federal plan for the whole of Great Britain, but I think it is in order to ask this question of the Government. Have they in mind that' there will eventually be introduced a federal plan for the whole of the United Kingdom, and do their proposals in this Clause, or do they not, bear any relation to that ultimate federal plan? The impression left on one's mind after listening to the speeches made by the Government is that this Clause is but a temporary expedient. I do not think it is possible to exaggerate the seriousness of the situation with which the Committee are faced in passing this Bill, if an impression arises in the minds of those few people who believe that the Bill ought to pass, that the Bill is founded on insincerity and is a mere make-shift plan, and having regard to the time which is known to have been spent by the Cabinet Committee and by the Minister without Portfolio upon this Bill and upon this Clause. I must say that I am astounded that such a poor defence has been put forward by the Government for the plan which is pro- duced in the Bill. I am led to believe that the Government do not much mind what plan is put in the Bill as long as an extremely easy-going Committee of the House of Commons is prepared to allow everything that the Government put forward to pass by a large majority composed largely of those who have not heard one word of the Debate.
I cannot help thinking the whole of this Debate proceeds on a total misunderstanding as to the nature of the distribution of the powers proposed in the Bill as between the United Kingdom Parliament and the two Irish Parliaments. It has been said that the Government ought to follow the model of the North America Act of 1867, and I assume that those who say that think the relation between this Parliament and the two Irish Parliaments is of the same kind as that now existing between the Dominion Parliament and the Provincial Parliaments in Canada. That is a complete misunderstanding of the whole position. I have a word to say in regard to the use of the word "federal" in regard to any scheme applicable to the countries of the United Kingdom, but first I wish to point out that the British North America Act assigns to the Provincial Legislatures certain powers over which these Provincial Legislatures have absolute and exclusive authority, and the Dominion Parliament cannot legislate on any of the matters so assigned to the Provincial Parliaments. I wonder what those hon. and right hon. Gentlemen who have been making these suggestions with regard to Clause 4 think of Clause 69 when they talk of a federal constitution as being the object that this House has in view in setting up the Irish Parliaments. By Clause 69, this Parliament continues to have absolute and complete control over every subject devolved upon the Irish Parliaments. That is to say, it could undo to-morrow everything that the Irish Parliament could do to-day. That is not true of any federal constitution in the world.
The Parliament of the United Kingdom is not restricted in the exercise of its legislative powers in respect of any of the self-governing Dominions of the Empire. Of course, it is understood that it will not exercise that power, but the statutory right exists.
That only means that as between this Parliament and every Dominion Parliament the relation is not a federal relation. In the case of a federal relation, legislative sovereignty should be divided, and the Dominion Parliament of Canada, for example, has not got power over the Provincial Parliaments, which my hon. Friend says this Parliament has over both the Dominion and Provincial Parliaments. This Parliament can pass measures that would over-ride any measure passed by the Dominion Parliament of Canada or by the Provincial Parliaments. It is a legal competence. The question of moral competence is totally different, but it is a legal competence, and when the hon. Member for Oxford (Mr. Marriott) says that we are embarking on a very dangerous experiment by leaving the residue of powers to the Irish Parliaments, he really is arguing as if we were setting up a real federal constitution and were handing over to the Irish Parliaments full sovereign legal powers to do what they chose with all the residue of subjects not specifically reserved in Clause 4. That is not true. We have got complete power, but we have also got in the Bill the power of vetoing any measure, whether it exceeds or is within the limit of the powers that are intended to be assigned. We could veto a Bill, on the ground of general policy, passed by a subordinate legislature, even if the subjects dealt with were fully and entirely within the competence of the Northern or the Southern Parliament in Ireland, as the case might be. We have got to remember that we are not setting up, either in Ireland or, should it be extended, in England and Scotland, a federal constitution. We have, I know, all been using the phrase, but it is not a federal constitution. We could not set up such a constitution if we desired. Nobody can take from the Parliament of the United Kingdom its full complete sovereignty over every portion of the Empire. It is indefeasible, it is unimpairable, and no Act of Parliament could impair it, even if the attempt were made. Parliament could undo to-morrow what it had attempted to do to-day, and that shows that the power is absolute and supreme, and we are not now embarking on the first stage of a really federal constitution.
8.0 P.M.
You could not, even if you did intend to, apply the federal principle to any scheme devolving sovereign powers. The supremacy of this Parliament must continue, and, even when we set up subordinate legislatures, must differentiate or constitution both in its spirit and its work from every federal constitution in the world. I hope the Government will adhere in its present purpose. I think the Member of the Government who said it passed the wit of man to draft a list of delegated powers referred to a real difficulty. So far as I know, it is a question merely of convenience and not of principle. It is obviously much more convenient under our system to specify the reserved powers than to specify the delegated powers. That would not be the case if we were handing over to the subordinate legislatures complete sovereign powers to deal with all the subjects that were devolved on them. I hope the Government will adhere strictly to the principle of the Bill. I think it has taken, from the point of view of Parliament, the right principle, and I am sure that if the proposal of my right hon. Friend the Member for Oxford were adopted, the time taken to debate this Bill would be enormous. There would not be a single specified power which you could not debate at length, and the number of powers you could specify and add to is practically indefinite. Anyone who cared to prolong discussion on the Bill could practically carry it on to the day of doom under a scheme of specified powers.
The very able speech of the right hon. Gentleman to which the Committee has just listened has absolved me from the duty of going into this matter at great length. The hon. Member for Oxford (Mr Marriott) has instituted two very interesting Debates upon a most interesting constitutional power, and has illuminated them with the light and warmth, I may say, of his academic knowledge. He has now invited us to reverse the decision to which the Committee came upon a previous occasion, and has invited us to reverse that decision by reason of the experience we have had. But what has been that experience? It has been that the Clause provides very little difficulty. I wonder how long we should be debating this Clause if the Bill had been drafted in the manner he suggests We should have been debating it till Doomsday. As it is, we have got through this Clause with very little difficulty, and that is because we have proceeded on a much more practical plan than that suggested by the hon. Member for Oxford. He has raised some objection in regard to the phrase "Federalism." After all, Federalism is a phrase which covers constitutions of very varying kinds, and, as my hon. Friend perfectly well knows, there are many important federal constitutions which have not been built up upon the principle which he advocates in this Bill. There are the federal systems of the United States, Australia and Germany. I quite concede that the historic circumstances which led to the growth of those federal constitutions are different from the circumstances with which we are confronted now. But all I wish to point out is that it is quite possible to have a very good federal constitution built up on the principle followed in this Bill.
In the cases which the right hon. Gentleman has just cited, and in all cases, the originating authority reserved to themselves the powers.
I quite realise that. All I wish to point out is that it is possible to get a federal constitution which, in actual working, is framed upon the principle of the local State having these powers. Then, apprehensions have been very widely felt in the Committee that the powers of reservation contained in this Bill are not sufficient. I think my right hon. Friend the Member for Stirling (Mr. M. Macdonald) has answered that, because Clause 69 does reserve in the fullest possible measure the powers of the Imperial Parliament.
Do I understand him to say that if, for example, in the case of wireless telephony, to which I referred, that were not covered by the phrase "wireless telegraphy," the Government intend to deal with that under Clause 69?
It would be quite competent for the Government to do so.
Is that what the plan will be? It seems to me the Government of this country might be involved in serious trouble with Ireland.
It is quite plain, on the face of the Bill, that military and naval power in Ireland is reserved to the Imperial Parliament, and the Government of the day presumably will take all necessary steps to give effect to that purpose. My hon. Friend the Member for Oxford referred to Mr. Speaker's Conference, and mentioned that it had been proposed to adopt the plan of enumerating the powers to be devolved, and he instanced "judicial and minor legal matters." Does the hon. Member for Oxford propose to introduce into the text of a Bill to be interpreted in the Law Courts so vague and general a phrase as "judicial and minor legal matters." What would be the result of such a course? The fact is, my hon. Friend is really advocating a scheme which would benefit nobody but the lawyers. If his scheme were carried out, lawyers would reap such a harvest of gold as they had never got since the legal profession was invented. The Government has been criticised for departing from precedent. But all history is unique. The circumstances with which we are confronted are unique. If we had copied strictly the Canadian or the Australian plan, or any other plan, I should have said that that would, in itself, have carried with it an absolute condemnation of our procedure. We have dealt with the circumstances with which we are confronted, and I quite admit that the constitution which will be given to Ireland under this scheme in all its features is not in accord with the features of any other constitution; but neither is the British constitution itself. The fact is, we have got to deal with the historical material we find before us. For these reasons the Government are unable to accept the invitations addressed to them to reverse the procedure of this Clause.
There is only one other matter to which I should like to advert, and that was dealt with in a speech of the right hon. and learned Gentleman the Member for Duncairn (Sir E. Carson). He asked the Government to give an interpretation of the meaning of Clause (4), Sub-section (2). If my right hon. and learned Friend will turn to Subsection (1) of Clause (4), at the bottom of page 3, he will see it reads:
I make no apology for saying a word or two on this Clause, because I think the Committee generally agrees that it is one of the most important, or the most important, point in the Bill. The right hon. Gentleman who has just sat down, and from whom we expected really some light and argument against the arguments which have been put forward by hon. Members who take an opposite view to him, apparently puts forward as his principal argument that the chief merits of this Clause lay in the fact that it had passed through the Committee stage in a very short space of time. That is a very excellent argument, no doubt, from the point of view of a Government which wishes to get a Bill quickly through. Looked at, how-aver, from the point of view of the country in which the subordinate Parliaments are going to be set up, I say it is a very poor argument indeed. The proper argument to be put forward is, Is the delegation or devolution of powers which have been adopted in the Bill good or bad? Is it a better one than the one proposed by my hon. Friend the Member for Oxford? I say that the sum total of the arguments put forward in this Debate have been entirely in favour of the view taken by the hon. Member for Oxford.
We were told by the right hon. Gentleman (Mr. Fisher) that the Government was criticised for departing from precedent. That is quite true. But it is not simply their departure from precedent that is being criticised, but because we believe that the precedent in this matter of the delegation of powers which has been followed by Great Britain in dealing with her Colonies is the right one. I feel considerable diffidence in dealing with these questions before such experts on the subject as are in the House now—not excepting my right hon. Friend sitting opposite (Mr. Macmaster). So far as I have studied this question, I have always been under the impression that when the American Constitution was set up the system adopted was adopted for the simple reason that the States which joined together to form the United States were already sovereign Powers, and only gave up a certain amount of their sovereignty. I was also led to understand that the inconveniences and difficulties which arose from the fact that the residue of power remained with the States instead of being in the hands of the superior Government have been very great indeed, and that the American law has had to be strained to its utmost limit on many occasions to prevent matters which obviously ought to be regulated by the superior Government being handed over and dealt with by the States themselves. I think that is a correct view of the situation. [An HON. MEMBER: "No!"] Well, I was always led to understand that when the British North American Act was passed the opposite system, that is to say, the delegation of direct powers to the subordinate bodies, was granted very largely, if not altogether, to avoid the difficulties which have arisen across the water in the United States. I think it is right to say that the British North America Act and the system adopted therein has been a great success. In any case, successful or not, it has, I believe I am right in saying, been adopted in practically every other case inside the British Dominions. If that is so, I submit to the Government that we have a very strong case when we ask for the same principle to be embodied in this Bill. I submit that the Government have put forward a very poor set of arguments in opposition to that claim on our part—in fact, no argument at all. The right hon. Gentleman, as I say, urged that the merits of this Clause were that it had been quickly got through the House of Commons, and, secondly, that if the system proposed by my hon. Friend were adopted it would be a gold mine for the lawyers. It is all very well to say that, but was the British North America Act a gold mine for lawyers? [HON. MEMBERS: "Yes!"] If so, why was the same system adopted in the British North America Act as was adopted in other colonies like Australia? Apparently that is not an insuperable objection.
They adopted the opposite system.
Not quite.
In any case, it seems that the arguments the right hon. Gentleman has adduced are not very strong, and, on the face of it, it is clear to all the speakers who have preceded me, with the exception of the right hon. Gentleman opposite (Mr. M. Macdonald), that the system of delegating powers direct is the more sensible one, and more likely to avoid difficulties in the future. The right hon. Gentleman commented on one of the subjects which it was proposed to delegate to the Parliaments which may be established in this country in case a devolution scheme is brought forward. The words used in this connection were somewhat loose, but they were only in a report and not in an Act of Parliament. The right hon. Gentleman opposite laid great stress upon Clause 69, but in my opinion that Clause will, to a large extent, be a dead letter. I do not know whether the same Clause was included in any of our colonial Acts, but I believe it is in the North America Act; but whether it is or not, it has proved to all intents and purposes a dead letter. Just as we would no more think of interfering seriously with Canada or Australia at the present moment, or over-riding the Acts of their constitutionally set up Parliaments, so I am quite convinced that this House, when it has set up two Parliaments in Ireland, will think very long and seriously before it interferes with anything they do. For these reasons I place very little reliance on Clause 69.
The only question is as to what are the powers of the subordinate parliaments? The dominion parliament has no power to interfere with the provincial parliaments. Under this Bill the powers of this Parliament are quite unimpaired.
My point is that this Parliament has precisely the same overriding powers with regard to the Dominion Parliament in Canada, and any other Parliament in our Colonies or Dominions, but it never uses that power, or very rarely, and every day that passes the desire to use that power becomes less and less. This will be so in the case of Ireland; in fact, in Ireland it will be much more marked, because the House must remember that when this Bill becomes an Act there will still be a number of Irish Members in this House who will raise their voices very strenuously against this House interfering with matters which they have more or less deliberately handed over to the Irish Parliament. I place very little reliance in the Clause upon which my right hon. Friend laid so much stress.
I would like to ask the Minister for Education why is the Government so adamant and determined to have their way on this point against the wishes of practically every hon. Member who has listened to this Debate? The Government have a large majority behind this Bill, and we all desire to make the best of it and make it as good as we possibly can. In view of that fact, and in view of the fact that we at any rate represent an important part of Ireland, and we are the only Irishmen here to speak, we feel very strongly that the Bill will be greatly improved by adopting the method suggested by the Member for Oxford (Mr. Marriott). I cannot see why the Government cannot reconsider the matter and bring up a fresh Clause, drafted on the other principle, when the Bill comes to the Report stage. There is no reason that I have been able to gather from the Debate to prevent that being done, and, so far as any injury to the amour propre of the Government is concerned, I am certain the House would not look at it in that way, and they would think the Government had very properly bowed to a very universal feeling existing in the House on this subject.
I wish to say a word on this important question, and that word is that I hope the Government will not give way on this Clause, because if they do they will vitiate the whole Bill in the eyes of the Irish people, and they will be conveying the idea in Ireland that the Government are not sincere in their action. That being so, I hold that it will be a very great mistake if they give way on this point. I think that this Clause particularly was a genuine attempt on the part of the Government to settle the Irish question, but when I sit here and listen to speeches from Members representing Ulster calling those in the West and South of Ireland murderers, scoundrels and such like—[HON. MEMBERS: "No!"] Those were the words used by the right hon. Gentleman the Member for the Duncairn Division (Sir E. Carson) in reply to the hon. Gentleman opposite.
I desire to point out that the hon. and gallant Gentleman has quite mistaken the observation that was made. There are hon. Members here who heard the observation, and it was a distinct allusion to what was called by the hon. Gentleman opposite the "Army of Ireland."
Say it referred to the Army of Ireland. I hold it is too sweeping a statement for any man to make even of Sinn Feiners, with whom I have no sympathy. It is too sweeping a statement to describe them as scoundrels and blackguards. Why even the right hon. Gentleman who made the statement knows full well that his own father-in-law is living in the West of Ireland under peaceable conditions among these so-called scoundrels. I have listened to a number of very loose and very wild statements. I am afraid from the spirit manifested by the speeches of to-day that the Government might as well tear up this Irish Bill, and throw it away, because such speeches and such statements are enough to drive Irishmen into the arms of Sinn Fein. It is the old usurpation policy, the old Ulster plantation policy which hon. Members are advocating at the present time, and they are carrying it out much too effectively for the Government. These people in the past have been governed under special laws, and they do not like now to submit to laws which are to apply to the whole of Ireland. Special laws were passed for them, and it was only in Mr. Gladstone's time that even the Ulster tenant right was extended to the rest of Ireland. I am very, very sorry to see the spirit they are displaying. I looked on this Bill as a genuine attempt on the part of the Government, provided it went through in a generous spirit. The people do not want to be spoon-fed as the Amendment proposed. They do not want to be told that they may do this or that little bit of work. The same policy has been pursued in municipal and local government work in this country. Here, too, we do not want to be spoon-fed by Whitehall. They give us powers and we exercise them so long as they are within reason, but if the spirit we have seen manifested to-day is the spirit displayed throughout Ireland, I do not wonder at the state of affairs which now exists.
I wish to ask the right hon Gentleman one or two questions about Sub-section (2). The right hon. Gentleman said he thought it perfectly clear, but I am very much afraid that my comprehension does not enable me to understand it clearly. What is the object of the Section? If the Northern Parliament passes an Act and the Southern Parliament passes a similar Act the law will be the same for Ireland generally; but is the law passed by the North of Ireland Parliament to operate in the South of Ireland, and is that passed by the South of Ireland Parliament to operate in the North of Ireland? Again, what is identical legislation? Is it to be identical in point of time? What is the difference between identical legislation and other legislation? If two Parliaments happen each to pass an Act applying to the same subject matter and on the same terms, is it the idea that that Act cannot be repealed by the Parliament which passed it? I have not the faintest idea of what all this means. If it is not something of that kind, what is the point of putting this Clause in at all? If they want to have the law the same in the North and in the South, surely each Parliament can pass its own Act and can apply it in its own area? In that case the law would be the same for the whole of Ireland. Would it be identical legislation if the Northern Parliament passed the Act one year and the Southern Parliament only passed it a year later? I listened carefully to the speech of the right hon. Member for Duncairn and to the explanations offered by the Minister for Education, and I confess that in face of it all this Clause is an absolute puzzle to me. I see the learned Attorney-General is present. I do not know whether he can throw any light on the matter, but I do suggest that, unless some clearer explanation is forthcoming, a wise course would be to strike it out on the Report Stage. The right hon. Gentleman, the Minister for Education, suggested that the object might be to enable the Parliaments to delegate their power to the Council of Ireland, but there is an express provision already for the two Parliaments to so delegate their power, and therefore the Clause cannot be necessary for that purpose.
The Government will be perfectly willing if, on consideration, they come to the conclusion that this Subsection is not necessary to take it out on the Report stage, but I am still inclined to the belief that it is necessary.
The Member for South Tottenham (Major Malone) began his speech by entreating the Government not to give way, but to stand fast in respect of this Clause, but he had not gone very far before he changed his tune, and in his next breath told them that they might just as well tear up the whole Bill. I would suggest that that is typical of the mental confusion with which he has approached the question. He was equally wrong in his history when he indicated that the plantation policy was practically the same to-day in Ulster as when it was first introduced. I do not know whether he has been in Ulster recently—
Yes.
Then I am sorry the hon. and gallant Member has not benefited by his experience there. He spoke of the Ulster custom as an example of the gross abuse of Government authority. What does he imagine is the Ulster custom? It was, may I tell him, an arrangement between landlord and tenant in respect of the tenant's right in the holding, and it was enjoyed by Roman Catholic tenants. as well as by Protestant.
I did not bring that matter in at all.
Well I will bring it in. In the South of Ireland the Protestant tenant in the same way as the Roman Catholic tenant had not Ulster custom. May I suggest to the hon. Member when he talks of usurpation and special laws that he would do well to consult some standard history—Froude's for instance—for on one page in that occurs a paragraph to this effect: one of the Irish Parliaments will be constantly encroaching upon the sovereignty of the Imperial Parliament?
What hope have we of escaping an avalanche of troubles if we leave a vast mass of powers quite undetermined? The Minister of Education thought to secure a debating point by suggesting that this was put forward really in the interests of lawyers. If he had been in his place I should have liked to ask him whether to leave a vast mass of material undetermined is not to invite constant quarrelling and litigation on the part of the two authorities. On the other hand, when you specify clearly and particularly that certain powers are to be devolved, and all other powers are to be retained, does not that seem to clear away the possibility of litigation rather than to invite it? My right hon. Friend said that if we desired we could prolong this discussion indefinitely, if we took the course suggested by the hon. Member for Oxford (Mr. Marriott). You could do precisely the same thing with the Bill as it stands. On every one of these questions there would be endless discussion if that were the mood of the Committee, but it is not the mood of the Commitee. When the Dominion Parliaments proceeded to deal with these matters, it did not lead to endless discussion, and I think there is nothing in the point that it would lead to endless discussion here. My right hon. Friend gave the whole case away when he said that this was a convenient method of getting rid of the whole business. In plain words, he wants to slur over the troubles now, and get the Government out of its difficulty by any method at all, leaving the future to take care of itself. It is the old cry, "Peace in our time, O. Lord!" Surely we are on much safer ground if we follow the example that has been afforded to us in every country where this experiment has been tried. It is flying in the face of all human experience to take a contrary course merely for the sake of convenience. You may secure convenience for the moment, but it is quite certain that, if the South of Ireland Parliament is set up, it will seize upon the Government's deliberate neglect to define clearly and specifically the ambit within which these Parliaments may operate, and this Government, and possibly its successors, will be involved in a constant wrangle, while sooner or later, as happened in the case of the Dominions, you will have to give them so much authority as they insist upon having.
I should like to add my voice to those of others who have pressed upon the Government the extreme desirability of adopting the course which has been suggested by my hon. Friend the Member for Oxford (Mr. Marriott), and the case for which was so eloquently put by the hon. Member who has just sat down. I think the whole of this Bill is bad but, if we are going to have a Bill at all, let us have one which has some reasonable prospect of working, and working amicably. As has been said by the hon. Member who has just spoken, if you leave, as in this Bill, a vast undetermined mass of subjects and fields of legislation to the unrestricted activities of the Northern and Southern Parliaments, you will not only afford immense possibilities for misunderstandings between them and this Parliament, which is supposed to be the overriding authority, but you will have great possibilities of friction between the Northern and the Southern Parliaments. The professed object of this Bill is to provide for the better government of Ireland, but it seems to me to be providing a tremendous source of sorrow and trouble for this country. I may be wrong in that, but no one can contend that the six Ulster Counties, with their friends who live just outside, and the vast majority of the people of the rest of Ireland, are on the most friendly terms and see eye to eye with each other in regard to religion, politics, or, in fact, in any single respect. Therefore, surely the object of statesmen bringing in this Bill should be to diminish all possible opportunities of friction between those two bodies. We definitely reserve to this House—how long we shall be able to keep them remains to be seen—certain matters, such as the Crown, the Army and Navy, trade, etc., and we leave everything else to the other two Parliaments. I can conceive of a Parliament set up in Dublin supporting a campaign of what I may call pin-pricks, to try and pass legislation which would impinge upon the authority of this House, and which we should have to veto. Then there would be trouble between the two Executives and between the two nations. Probably the Ulster Parliament would take the same view as we did, and would be loyal to the decision of the Imperial Parliament, and, therefore, at once a three-cornered fight would be set up. I am appalled at the prospects of interminable trouble under this Clause. They would be largely obviated if the Government would withdraw the Clause, and say definitely that they will give to these subordinate Parliaments—subordinate in theory, but in practice they will be co-equal, in my opinion—power over certain things, and that all the rest shall remain to this Parliament. I do press the Government to reconsider this, and I hope that our friends from Ulster will go to a Division on it if necessary.
Question put, and agreed to.
Clauses 5 (Prohibition of laws interfering with religious equality, etc.) and 6 (Conflict of laws) ordered to stand part of the Bill
CLAUSE 7.—(Powers of the Council of Ireland with regard to Private Bill legislation)
(1) The Council of Ireland shall have power to make orders with respect to matters affecting interests both in southern Ireland and northern Ireland, in any case where the matter—
(a) is of such a nature that if it had affected interests in one of those areas only it would have been within the powers of the Parliament for that area; and
(b) is a matter to affect which it would, apart from this provision, have been necessary to apply to the Parliament of the United Kingdom by petition for leave to bring in a private Bill.
(2) The provisions contained in the First Schedule to this Act shall have effect with respect to the procedure for making such orders.
(3) Any order so made by the Council of Ireland under this section shall be presented to the Lord Lieutenant for His Majesty's assent in like manner as a Bill passed by the House of Commons of southern Ireland or northern Ireland and on such assent being given the order shall have effect in southern and northern Ireland respectively as if enacted by the Parliament of southern Ireland or northern Ireland, as the case may be.
I beg to move, in Subsection (3), after the word "shall" ["shall be presented to the Lord Lieutenant"] to insert the words, "after receiving the assent of the Parliaments of Southern and Northern Ireland, respectively."
The purport of the Amendment is obvious. In our view the Bill as it stands could be and would be construed in this way, that the Council would have overriding authority over the two Parliaments from which that Council itself derives authority. [ Interruption. ] If it cannot be, we had better have it put clearly in the Bill, and this Amendment proposes to put it clearly. It would obviously be an outrage upon these two Parliaments that the Council should have the authority which we think it has as the Clause stands. What we desire to have made perfectly clear and remote from the arena of controversy is that when the Council has taken a course of action, that it should be referred back to the two Parliaments for their formal approval. I rather gather from what my right hon. Friend has said that he concurs in that view, therefore I do not feel called upon to argue the question.
I hope my interjection has not misled my hon. Friend, if he thinks I assented to his argument, because I do not. As I understand the Amendment, what he proposes is that when a Private Bill has passed through the Private Bill procedure detailed in a subsequent Schedule, and has had the assent of the Irish Council, it should be submitted to both the Parliaments before it becomes law. If that is what is meant, I obviously cannot accept it.
It means much more than Private Bill legislation. The Council has power to make Orders quite irrespective of Private Bills, and it is in respect of these Orders as much as of Private Bills that I move the Amendment.
But the Orders are to be made in connection with Private Bills. Does not the Amendment mean that every Private Bill—
No.
The Clause with the Amendment will read
"Any Order so made by the Council of Ireland under this Section shall, after receiving the assent of the Parliaments of Southern and Northern Ireland, be presented to the Lord Lieutenant."
Will my right hon. Friend point out where he gets authority for saying "after receiving the assent "?
I understand that is the Amendment my hon. Friend is now moving.
Exactly.
Then I say if I were to accept that Amendment, it would mean that a Private Bill which has gone through the Private Bill procedure, and has satisfied the Council of Ireland, should not have effect until it had been submitted and passed perhaps by both the Southern and the Northern Parliaments if it affected interests in both territories. That is an absurd handicap to put on Private Bill legislation—that it should not only have to pass the Council, but each House in addition. If I understand the Amendment aright, I cannot accept it.
I do not think my point has been met. May I call attention to the earlier part of the Clause—
"The Council of Ireland shall have power to make Orders with respect to matters affecting interests both in Southern Ireland and Northern Ireland, in any case where the matter is of such a nature that if it had affected interests in one of those areas only it would have been within the powers of the Parliament for that area."
My right hon. Friend has fallen into error in assuming that a Private Bill affecting, say, a railway that ran through the area of both Parliaments would have been in the first instance before those Parliaments. I do not know where he gets the right for that assumption. It is clearly contemplated here that, instead of going to the two. Parliaments, it should be referred to neither, but should go to the Council. So that the very case my right hon. Friend sought to make absolutely breaks down. If it goes to the Council in the first instance, and if he declines now to permit it to be referred back to the two Parliaments, it is never before the Parliaments at all, and that is the case I make. The whole elaborate edifice of argument my right hon. Friend has built up breaks down like a house of cards on his own construction. He has admitted that in the case of a Private Bill such as I have described it would go direct to the Council and no to the Parliaments. If he declines to permit it to go back to the Parliaments, how does he get the case that it was ever before the Parliaments? And is the Parliament to have no legislative authority in respect of such a matter? Let me take the case of the Great Northern Railway of Ireland, which is, as to about half of its mileage, in the area of the Northern Parliament, while the remainder will be in the area of the Southern Parliament. I will draw upon an actual experience to indicate what I mean. That railway brought a Bill before this House on one occasion. It was blocked, and the directors had this proposition made to them, that before the obstruction to the measure would be withdrawn they must concede to certain people certain appointments. Suppose a situation of that kind arose in this Council, and it was insisted upon that given appointments should be made in the area of the Northern Parliament. The thing would be a monstrous piece of tyranny, but unless some words such as we have suggested in this Amendment are put in, the Northern Parliament would be powerless in the matter. Equally it would be open to abuse upon the other side. My right hon. Friend treated the Amendment in a somewhat cavalier fashion, but I suggest there is great substance in it, and we who live in the country know the difficulties we shall be up against, and we want to see provision made for them. I suggest that my right hon. Friend ought to reconsider the Amendment.
9.0 P.M.
After hearing the speech of my hon. Friend, I think there is a great deal of substance in what he says. The Council consists of twenty members of the Northern Parliament to be elected by that Parliament, and twenty members of the Southern Parliament to be elected by that Parliament, with a nominated President, making forty-one members. The proposal, as far as I can understand it, is that the Private Bill legislation from all over Ireland should be the exclusive and absolute prerogative, and within the province, of the Council, and that the two Parliaments in Dublin and Belfast should have nothing to say to it whatever. Is that a very satisfactory way of dealing with these matters? In this House Scottish Private Bill legislation is dealt with entirely by Scottish Members. Under this Bill we have recognised, very regretfully, that there are two nations in Ireland, the Northern nation and the Southern nation, and the Government want us to say by this Clause that, though there are two nations, and though we have recognised that by giving them two Parliaments, yet, so far as their Private Bill legislation is concerned, we will not allow the North to decide its own Private Bill legislation, nor will we allow the South to decide its own Private Bill legislation; but we will refer the Private Bill legislation to a composite body which consists of twenty representatives from each of the two Parliaments, with a Chairman or President.
indicated dissent.
That is how I understand it, and here it seems to me that there is open an opportunity of offence between the North and the South. Here is a means whereby, if the South wants to annoy the North, they can instruct their representatives on the Council to do all they can to defeat a Bill that comes from Belfast, and if Belfast wants to annoy Cork they can instruct their representatives to do everything they can to block a Private Bill from Cork. It looks as if this Private Bill legislation is given to the Council in order that the Council may have something to do. It looks as if the Cabinet had racked their brains for something which they could decently hand over to the Council in order to afford an excuse for creating this body which is, in theory, going to bring the contending parties together under one roof. Surely it is a hardship not to allow the Northern Parliament to deal with its own Private Bill legislation, and the Southern Parliament to deal with its own Private Bill legislation. I can see an interminable vista of quarrels over Water Bils, Gas Bills, Drainage Bills and a hundred and one other Bills, unless some modification on the lines suggested is adopted.
My hon. and gallant Friend says it would be a hardship if a Bill affecting only the Northern area should not be dealt with by the Northern Parliament, but should have to go to the Council, where it might be blocked by Members representing the South. He has not really considered the Clause. The Clause provides that a Bill which solely affects the Northern Parliament should be dealt with by the Northern Parliament, and a Bill which solely affects the Southern Parliament should be dealt with by the Southern Parliament, but a Bill which would affect both areas alike, such as the Great Northern Railway Bill referred to by the hon. Member (Mr. Moles) should go to the Council of Ireland. This means nothing more than a speedier procedure for Private Bill legislation, which would otherwise have to come to this House. As in the Great Northern Railway case it would have to go to the Council, and if passed by the Council, which is constituted of equal numbers from the North and the South, then it would become law. The Amendment proposes that after having been passed by the Council, constituted of an equal number of representatives from the North and South, it should then be submitted to each of the Parliaments, to the Northern and the Southern Parliament. My hon. Friend (Mr. Moles) gave an instance of some blocking that had taken place in this Parliament. What would be the opportunities for lobbying if this Amendment were accepted: not merely lobbying in the Council, but in each Parliament? You would have lobbying in the Southern Parliament and lobbying in the Northern Parliament, if lobbying is to go on at all.
What protection do you offer?
We offer you something infinitely better than you have to-day. What you want is to simplify and expedite and cheapen Private Bill legislation, and we are allowing the Council, which is equally constituted of representatives from the two Parliaments, to deal with Private Bill legislation which affects interests both in the North and the South. If the Bill merely affects the North, then Northern Parliament can deal with it without consulting the Council or the South, and if, on the other hand, it merely affects the South, the Southern Parliament can deal with it without consulting the North or the Council. Surely, that is the cheapest and most efficacious procedure for dealing with Private Bill legislation. My hon. and gallant Friend (Colonel Ashley) was under an entire misapprehension, and the whole of his objection falls to the ground. The mover of the Amendment frankly says that he is not prepared to trust the Council, constituted half and half, with any Private Bill legislation unless that legislation is repeated both in the South and in the North. That is an issue, and I cannot meet him if he wants to put Private Bill legislation through, possibly, three assemblies, the Council and the Northern Parliament and the Southern Parliament. I cannot believe that the Great Northern Railway or any other railway company would like to have their Private Bill legislation subject to 'he delay and expense that would be caused if this Amendment were accepted.
I do not think the question before the Committee is quite so simple as my right hon. Friend would lead us to believe. It sounds very well to say that there will be an equal number of representatives from the Northern Parliament and the Southern Parliament, but that really is illusory, and for this reason. The Southern Parliament, unless there is a great change in Ireland after this Bill passes, will be composed of one complexion, who are in such a majority that any hopes of the minority being represented are absolutely nil at the present time. It is not so as regards the North of Ireland Parliament. The North of Ireland has a very large minority which will have considerable representation and it does not at all follow that the Members of the Council from the North of Ireland Parliament will be of one complexion as regards these matters. It will thus be seen that the matter is not so easy as the right hon. Gentleman seems to imagine. What I would like to put to him is this: having set up these two Parliaments, one for the north of Ireland and the other for the south of Ireland, does he mean that the Irish Council is to pass a Bill for the north, or it may be for the south, which either of these Parliaments objects to? If that be his intention nothing, it appears to me, could be more absurd. He says that this Council can pass a Bill without reference to either of these two Parliaments. That means that, even if the Northern Parliament or the Southern Parliament may have the greatest possible objection to the Bill as it affects their locality, they may be overriden by the Council. That would be the most peculiar Parliament I have heard of, one that would not have jurisdiction within its own areas. Something would be passed over its head that it never would have passed within its areas. Surely the Government cannot mean that to happen. I understood that the object of the Irish Council was that they should come together and be able to discuss matters as between the two of them and to see what was best for the whole of Ireland and give way to each other if it was thought best to carry out a proposal that was put forward. I never anticipated that the result would be that you could foist on either district something that their Parliament objected to. I think this Committee would be surprised if such a result could be carried out. My hon. Friend's Amendment means that if the Council comes to a decision as to what is good for the whole or part of Ireland, it will be sent to both Parliaments to see whether they agree to it. Surely that is a businesslike and right way of carrying it out. It would prevent the Council from foisting something on these two Parliaments, or either of them, which they did not want. Neither of them might want it or one of them might not want it. If some such Amendment is not carried the Government will find that Ireland will be placed in great difficulties and I think the proposal now made is a most reasonable one.
There is another question I would like to ask which has some importance and relevance to this subject. Would it be the effect of passing this section of this Clause that it would take away the right to promote private Bills from Ireland in this Parliament? Notwithstanding this section, if it became law, could you still come to this Parliament to promote a Private Irish Bill? Is this power given to the Irish Council to pass something not put forward by the Northern and Southern Parliaments to have the effect that our right to come here is placed in abeyance? I put these two points because I know how politics are worked in Ireland, and I do not forget even in this House the dilatory tactics that were adopted by certain Irish Members. I can give as an instance the Terenure Drainage Bill. The local council brought forward this Bill, and it was opposed on the ground that it was a Unionist district, and so the drainage has never yet been made. Hon. Members think that that is very strange, but it is true and it is very unfortunate. That Bill passed through Committee in both Houses, and then there was an adjournment, and on the last day on which the House sat when the Bill came before the House these tactics were adopted and the Bill was defeated. It was brought forward in a new House in the next Session, and was thrown out on the Second Reading. We are anxious to protect ourselves against such tactics. I would like to have an answer to the two questions which I have put forward: first, will a Bill passed by the Council override the wishes of either or both of these Parliaments in their own districts; and, secondly, if the Council refuses to pass a Bill which either or both of these Parliaments wish for, will we have the right to come to this Parliament? These are both germane questions relating to Private Bill legislation.
I believe I can give a satisfactory answer to the two questions which have been put by the right hon. Gentleman. Clause 7 provides that the Council of Ireland shall have certain powers in matters affecting the interests both of the North and the South. If the interest is exclusively northern the North of Ireland Parliament can deal with it, and if it is exclusively southern, the South of Ireland Parliament can deal with it. Hon. Members have put forward a suggestion, but I do not think they have suggested any better tribunal for matters affecting both interests than an equal number from both Parliaments to deal with such matters. If the Amendment were carried, the effect would be that after a Private Bill had been passed by the Council of Ireland, equally nominated by the Northern and Southern Parliaments, the Bill would have to be submitted again to the Northern Parliament and the Southern Parliament. If it were a contentious Bill it would be very much delayed, and I think we cannot do better than to set up the tribunal we propose, equally nominated by the two Parliaments and with the President nominated by this House, the Lord Chancellor of Ireland, who would have a casting vote. If this Amendment were passed, the Bill, after passing this equally representative body with the Irish Lord Chancellor as President, would be thrown into the melting pot again and sent back to the Northern and Southern Parliaments. I do not think that that would be a good procedure and I think the Amendment would be absolutely harmful. We have put forward what we think is the best we can do; we cannot find a tribunal which would be fairer to both North and South. The two constituent elements will nominate the Council. It is something like an ordinary reference to arbitrators with an umpire, and the Amendment seems to suggest that after a thing had been passed by the two arbitrators representing the two interests and the umpire, it should be sent back to the two interests to decide over again.
As to the other question with reference to Private Bill legislation may I call the right hon. Gentleman's attention to the fact that Private Bills are dealt with in Clause 7, which provides that the Council can deal with matters, such as Private Bills, in cases where it has been necessary to apply to the Parliament of the United Kingdom for leave to bring in a Private Bill? But it is an enabling Clause; it does not exclude the jurisdiction of the Imperial Parliament; and even if these words were not sufficient, Clause 69 is absolutely definite. It says:
The statement which has just been made hardly meets the case. I was more or less responsible for putting clown this Amendment, and am sorry that I was not here to move it. The Council of Ireland cannot be compared to a Committee of this House which is set up to adjudicate upon a private Bill. The Council is set up at the beginning of each Parliament and the Members have to serve, I think, for five years. It may be set up at a time when political feeling is running strongly in some particular direction, and it is quite possible, as the right hon. Member for Duncairn pointed out, that from the North of Ireland Parliament Unionists will not always be nominated as members of the Council and that it will be felt that in fairness to the complexion of the Northern Parliament persons differing in political views from the majority of that Parliament will probably be nominated to the Council. It is also con- ceivable and likely that this will give a Nationalist majority to the Council, and it is also quite conceivable that the Council may make orders and pass legislation which will not be approved of by the Parliament of Northern Ireland. Therefore we find ourselves in this position that this Parliament of Northern Ireland, which is supposed to be the supreme authority within the limits of the Bill for the North of Ireland will have to accept legislation forced on them by a Council, half of the members of which do not come from the North of Ireland. That is not only ridiculous but in practice it cannot work.
What would happen in such a contingency as I have suggested when an Act or an Order is made by the Council of Ireland to which the Parliament of Ireland object strenuously? There would be a deadlock at once. No self respecting Parliament would tolerate within the sphere of their own powers as laid down by this Bill an Act or Order of such a body being enforced. There is very much more in this Amendment than the right hon. Gentleman appears to have thought. It ought to be a fundamental principle of this Bill that each of these Parliaments should be absolutely supreme in its own domain. I submit also that the idea underlying the formation of the Council was that it should be the best means of settling these questions which were common to both Parliaments, but I am certain that it was never intended by the Government when drafting the Bill that the Council should be able to draft legislation which was entirely at variance with the wishes of one or other of both of the Parliaments concerned. If the hon. Gentleman and the Government desire that this Bill should work properly, they should get rid at once of the idea that this Council, or any other body superior to the two Parliaments except the Imperial Parliament, should be in the position of being able to dictate to either or both Parliaments.
Amendment negatived.
.Clause ordered to stand part of the Bill.
Executive Authority
CLAUSE 8.—(Executive powers.)
"(1) The executive power in Southern Ireland and in Northern Ireland shall continue vested in His Majesty the King, and nothing in this Act shall affect the exercise of that power, except as respects Irish services as defined for the purposes of this Act.
(2) As respects Irish services, the Lord Lieutenant or other chief executive officer or officers for the time being appointed in his place, on behalf of His Majesty, shall exercise any prerogative or other executive power of His Majesty the exercise of which may be delegated to him by His Majesty:
Provided that if any such power is delegated to the Lord Lieutenant in respect of Southern Ireland or Northern Ireland the power shall also be delegated to him in respect of Northern Ireland or Southern Ireland.
(3) Subject to the provisions of this Act relating to the Council of Ireland, powers so delegated shall be exercised—
(a) in Southern Ireland, through such Departments as may be established by Act of the Parliament of Southern Ireland, or, subject to any alteration by Act of that Parliament, by the Lord Lieutenant; and
(b) in Northern Ireland, through such Departments as may be established by Act of the Parliament of Northern Ireland, or, subject to any alteration by Act of that Parliament, by the Lord Lieutenant;
and the Lord Lieutenant may appoint officers to administer those Departments, and those officers shall hold office during the pleasure of the Lord Lieutenant.
(4) The persons who are for the time being heads of such Departments of the Government of Southern Ireland as may be determined by Act of the Parliament of Southern Ireland or, in the absence of -any such determination, by the Lord Lieutenant, and such other persons (if any) as the Lord Lieutenant may appoint, shall be the ministers of Southern Ireland:
The persons who are for the time being heads of such Departments of the Government of Northern Ireland as may be determined by Act of the Parliament of Northern Ireland, or in the absence of any such determination, by the Lord Lieutenant and such other persons (if any) as the Lord Lieutenant may appoint shall be the ministers of Northern Ireland:
Provided that—
(a) no such persons shall be a minister of Southern Ireland or a minister of Northern Ireland unless he is a member of the Privy Council of Ireland; and
(b) no such person shall hold office as a minister of Southern Ireland or as a minister of Northern Ireland for a longer period than six months, unless he is or becomes a member of the House of Commons of Southern Ireland or of Northern Ireland, as the case may be, but in reckoning those six months any time prior to the date of the first meeting of the Parliament of
(c) any such person not being the head of a Department of the Government of Southern Ireland or a Department of the Government of Northern Ireland shall hold office as a minister of Southern Ireland or a minister of Northern Ireland during the pleasure of the Lord Lieutenant in the same manner as the head of a Department of the Government of Southern Ireland or a Department of the Government of Northern Ireland holds his office.
(5) The persons who are ministers of Southern Ireland for the time being shall be an executive committee of the Privy Council of Ireland (to be called the Executive Committee of Southern Ireland) to aid and advise the Lord Lieutenant in the exercise of his executive power in relation to Irish services in Southern Ireland.
The persons who are Ministers of Northern Ireland for the time being shall be an Executive Committee of the Privy Council of Ireland (to be called the Executive Committee of Northern Ireland) to aid and advise the Lord Lieutenant in the exercise of his executive power in relation to Irish services in Northern Ireland.
(6) In the exercise of power delegated to the Lord Lieutenant in pursuance of this Section no preference, privilege, or advantage shall be given to, nor shall any disability or disadvantage be imposed on, any person on account of religious belief except where the nature of the case in which the power is exercised itself involves the giving of such preference, privilege, or advantage, or the imposing of such a disability or disadvantage.
(7) The seats of the Governments of Southern Ireland and Northern Ireland shall be at such places as the Parliaments of Southern Ireland and Northern Ireland may respectively determine.
(8) For the purposes of this Act, 'Irish services' in relation to Southern Ireland and Northern Ireland respectively are all public services in connection with the administration of civil government in Southern Ireland and Northern Ireland, except the administration of matters with respect to which the Parliament of Southern Ireland and the Parliament of Northern Ireland have under the provisions hereinbefore contained no power to make laws, including in this exception all public services in connection with the administration of matters by this Act declared to be reserved matters so long as they continue to be reserved; and the public services in connection with the matters so reserved are in this Act referred to as reserved services."
I beg to move, in Sub-section (4), paragraph (b), to leave out the words, "House of Commons" and to insert instead thereof the word "Parliament"
The Committee will remember that ten days ago the Government undertook to introduce a Clause for the constitution of Second Chambers in the Northern and Southern areas. That being so, I suggest that the proper course for the Committee to take would be to enable Ministers in the North and South to be Members not only of the House of Commons, but of the Senate. The right hon. Member for Duncairn emphasised with great justice the advantage that would accrue if Members in the North and South could be Members of the Senate. It would provide a means greatly needed for controlling administration by the Senates which, I would remind the Committee, will represent, as we hope, the minorities in the North and in the South. If minorities have any control over administration at all, it will be chiefly through the Senates, and if Ministers of the two Parliaments are Members of the Senate, it is much easier for the Senates to control administration. By accepting the Amendment the Government will agree to a proposal which they will find it necessary to insert in the Bill when they come to make their proposals for the establishment of Second Chambers.
The Amendment moved by my hon. and gallant Friend, or some other similar words, will, I think, be necessary when we come to put in the Senates as part of the Bill. But I think that on the whole it will probably be better for my hon. and gallant Friend not now to move the Amendment, because I would hesitate to accept the words or accept them in this place until the scheme which the Government has promised to bring in with regard to Second Chambers is drafted. I do not feel very strongly about it, and if my hon. and gallant Friend wishes to have this Amendment, I am prepared to accept it with this caution, that we may have to alter these words on Report in order to make them fit in with the scheme which is finally adopted, but on the whole, I think it better to let the words stand as they are until the scheme for the Second Chamber is before us.
I do not think the acceptance of my Amendment would make the Government's position more difficult. The better course would appear to be to carry the Amendment and leave the Government free to make some alteration later if necessary.
Amendment agreed to.
I beg to move to leave out Sub-section (5).
The sub-section appears to be quite unnecessary. Speaking generally, it is much better to cumber the Bill with as few details as possible. I cannot see why we should tell these two Parliaments that they must call their Government by some particular name. That appears to be unnecessary interference in their internal administration. I doubt if such a provision has been included in any previous Act. Why should they call themselves Executive Committees if they wish to call themselves Cabinets?
My hon. and gallant Friend is not quite right in saying that this is without precedents. It has more precedents than most of the Clauses of the Bill. It has got the precedents of Article 11 of the British North America Act, of Section 62 of the Australian Constitution and Section 12 of the South African Act. I hope the Amendment, therefore, will be withdrawn. I quite agree that we do not want to dictate in small matters to these Parliaments. We want to give them as much elasticity as we can. I confess I do not feel strongly about this matter, and if there is any opinion supporting the Amendment I should not oppose it.
Amendment negatived.
I beg to move, in Subsection (7) after the word "at," to insert the words" Dublin and Belfast, respectively, or" The sub-section as it stands reads:
"The seats of the Governments of Southern Ireland and Northern Ireland shall be at such places as the parliaments of Southern Ireland and Northern Ireland may respectively determine."
The Parliaments will have to be called together at some place before they determine that. I propose that it shall be at Dublin and Belfast respectively, or such places as the Parliaments may respectively determine. Otherwise we may find ourselves at some place where the Sinn Feiners were in occupation.
The Government can accept this Amendment. Indeed, I think it is an improvement on the Bill. It does not compel the Parliament to sit at Dublin or Belfast after it has once met.
May I ask whether, if we so determine, the North of Ireland Parliament can sit in Westminster?
My right hon. and learned Friend has made me consider whether some further Amendment to his Amendment is not necessary, and I beg leave to reserve the further consideration of that point between now and Report. It may be necessary to add words that they should meet and sit within the territories which they are respectively governing.
Amendment agreed to.
An Amendment to this Clause in the name of the hon. Member for East Down (Mr. Reid), providing that "until the date of Irish union the Lord Lieutenant shall in each year reside for not less than three calendar months in Northern Ireland," I think very likely interferes with the prerogative. The Lord Lieutenant represents His Majesty.
I did not know that that point was going to be raised and did not look up the case, but I would suggest that the Lord Lieutenant is not such a sacred person as His Majesty.
I will hear what the hon. Member has to say with regard to it before I rule the Amendment out of Order.
I beg to move after Subsection (7), to insert the words
"(8) Until the date of Irish union the Lord Lieutenant shall in each year reside for not less than three calendar months in Northern Ireland."
In both Northern and Southern Ireland the Lord Lieutenant will have to discharge a duty similar to the duties of a governor of a colony and of a deputy constitutional monarch. Those are somewhat difficult and sometimes delicate duties, and to carry them out properly it is absolutely essential that the Lord Lieutenant should know the kind of men with whom he is dealing. If the Lord Lieutenant is to settle in Dublin during the whole of his term, there is no possibility of his acquiring that kind of knowledge. He must know the people concerned personally. He must know the way they approach questions and their point of view. The only way in which he can acquire that knowledge is by residence for a certain period within the neighbourhood of the Ministers with whom he has to deal.
This imposes a rather curious obligation on the Lord Lieutenant. How is it to be enforced? It would mean that a residence must be provided by the Northern Parliament, and that is another question to be considered. I am perfectly satisfied that the Lord Lieutenant would be anxious to do anything he could to develop his knowledge of the Northern and Southern Parliaments, and it might be left to the holder of the Lord Lieutenancy to discharge his duties in the matter.
We are not at all satisfied that the Lord Lieutenant would come down to the North as much as my right hon. and learned Friend seems to think. We do not see very much of him at the present time. I think it would be a very good thing for him if he spent more of his time in the North than in Dublin. We have the feeling that the representative of His Majesty should not spend the great bulk of his time in Dublin, where there is another atmosphere from that which exists in the North. When we have separate Parliaments we have the tight to expect and to have it enacted that the representative of His Majesty, just as any other Governor of a Colony would have to do, should reside in the Dominions which he was administering on behalf of His Majesty, for a reasonable period in the year. This is a serious Amendment, pot intended for obstruction. We feel keenly on the subject, and that unless it is put into the Bill we will not have it done.
I think it should be enacted that the Lord Lieutenant should spend half the year in the North. If you are going to enact anything at all, surely you ought to secure absolutely equal treatment as between the Northern and Southern Parliaments. As the Bill is supposed to settle differences, it ought to be enacted that half of the time should be spent, not necessarily in Belfast, but in the jurisdiction of the Northern Parliament. Unless something of this kind is put in the Bill he will remain at the Vice-regal Lodge, and you will at once set up trouble by such a preference. The Vice-regal Court was strongly defended by many people in Dublin, on the ground that ii gave a status to Dublin and brought trade into the country and gave amusement to the inhabitants, which it still does in another sense, perhaps, and that in that way it would be harmful to Dublin if the office of Viceroy were done away with. Perhaps in the future under happier conditions social life will again centre round the' office of Viceroy. Why should we not take steps to ensure that Belfast, the great centre of industry in Ireland, should have an equal share of the Viceroy's favour with those who live in Dublin. As has been hinted by the Attorney-General, if present conditions in Dublin are to continue, and if the Viceroy cannot leave his residence unless under armed escort, then it is quite likely he will welcome this obligation to spend half the year in the happier, healthier and more robust atmosphere of the northern capital.
I desire to support this Amendment. This is a very grave and serious question. I believe a great deal of the misgovernment of Ireland by this country could be traced to the fact that the Lord Lieutenant goes over to Dublin, and knows less about Belfast than he knows about Moscow. It is not a question of any social hanging on about a Court, or anything of that kind. That is not what the Belfast people want. I think this is one of the most vital points in connection with the details of the Bill. It has been said that we have no residence for the Viceroy. I am perfectly certain there will be difficulty about that, and that he will be housed decently and speedily if this provision be passed.
Question put, "That those words be there inserted."
The Committee divided: Ayes, 31; Noes, 131.
Division No. 124.] AYES. [9.50 p.m. Allen, Lieut.-Colonel William James Butcher, Sir John George Hanna, George Boyle Archdale, Edward Mervyn Carson, Rt. Hon. Sir Edward H. Jesson, C. Balfour, George (Hampstead) Coote, William (Tyrone, South) Kerr-Smiley, Major Peter Kerr Banbury, Rt. Hon. Sir Frederick G. Davies, Thomas (Cirencester) Kidd, James Burn, Col. C. R. (Devon, Torquay) Doyle, N. Grattan Lindsay, William Arthur Burn, T. H. (Belfast, St. Anne's) Green, Joseph F. (Leicester, W.) Loseby, Captain C. E. Lynn, R. J. O'Neill, Major Hon. Robert W. H. Stewart, Gershom Macmaster, Donald Palmer, Charles Frederick (Wrekin) Whitla, Sir William Moles, Thomas Perkins, Walter Frank Williams, Lt.-Com. C. (Tavistock) Nall, Major Joseph Reid, D. D. Oman, Charles William C. Sprot, Colonel Sir Alexander TELLERS FOR THE AYES.— Captain Craig and Colonel Ashley.
NOES. Addison, Rt. Hon. Dr. C. Gregory, Holman Murray, Lt.-Col. C. D. (Edinburgh) Atkey, A. R. Greig, Colonel James William Neal, Arthur Baird, John Lawrence Hacking, Captain Douglas H. Newman, Sir R. H. S. D. L. (Exeter) Baldwin, Stanley Hailwood, Augustine Norris, Colonel Sir Henry G. Barlow, Sir Montague Hamilton, Major C. G. C. Norton-Griffiths, Lieut.-Col. Sir John Barrie, Charles Coupar Hanson, Sir Charles Augustin Parker, James Beckett, Hon. Gervase Harmsworth, C. B. (Bedford, Luton) Pease, Rt. Hon Herbert Pike Benn, Com. Ian H. (Greenwich) Haslam, Lewis Pollock, Sir Ernest M Betterton, Henry B. Henderson, Major V. L. (Tradeston) Pownall, Lieut.-Colone Assheton Blades, Capt. Sir George Rowland Hennessy, Major J. R. G. Pratt, John William Blake, Sir Francis Douglas Henry, Denis S. (Londonderry, S.) Prescott, Major W. H. Bowyer, Captain G. E. W. Hewart, Rt. Hon. Sir Gordon Purchase, H. G. Britton, G. B. Hinds, John Rae, H. Norman Broad, Thomas Tucker Hoare, Lieut.-Colonel Sir S. J. G. Ramsden, G. T. Brown, Captain D. C. Hohler, Gerald Fitzroy Renwick, George Bruton, Sir James Holbrook, Sir Arthur Richard Roberts, Sir S. (Sheffield, Ecclesall) Buckley, Lieut.-Colonel A. Holmes, J. Stanley Robinson, S. (Brecon and Radnor) Bull, Rt. Hon. Sir William James Hood, Joseph Robinson, Sir T. (Lancs., Stretford) Burdon, Colonel Rowland Hope, H. (Stirling & Cl'ckm'nn'n, W.) Rodger, A. K. Carter, R. A. D. (Man., Withington) Hope, James F. (Sheffield, Central) Sanders, Colonel Sir Robert A. Chadwick, R. Burton Hope, Lt.-Col. Sir J. A. (Midlothian) Seager, Sir William Chamberlain, N. (Birm., Ladywood) Hope, J. D. (Berwick & Haddington) Shortt, Rt. Hon. E. (N'castle-on-T.) Coates, Major Sir Edward F. Hurd, Percy A. Smith, Harold (Warrington) Coats, Sir Stuart Inskip, Thomas Walker H. Smithers, Sir Alfred W. Conway, Sir W. Martin James, Lieut.-Colonel Hon. Cuthbert Stanley, Major H. G. (Preston) Cope, Major Wm. Jameson, J. Gordon Steel, Major S. Strang Courthope, Major George L. Johnson, L. S. Sturrock, J. Leng Cowan, Sir H. (Aberdeen and Kinc.) Jones, Sir Edgar R. (Merthyr Tydvil) Sugden, W. H. Craig, Colonel Sir J. (Down, Mid) Jones, G. W. H. (Stoke Newington) Sutherland, Sir William Dawes, Commander Kenyon, Barnet Thomson, Sir W. Mitchell. (Maryhill) Edgar, Clifford B. Law, Alfred J. (Rochdale) Vickers, Douglas Edge, Captain William Lewis, T. A. (Glam., Pontypridd) Waddington, R. Edwards, Major J. (Aberavon) Lister, Sir R. Ashton Warren, Lieut.-Col. Sir Alfred H. Eyres-Monsell, Commander B. M. Long, Rt. Hon. Walter Watson, Captain John Bertrand Fell, Sir Arthur Lort-Williams, J. Wheler, Lieut.-Colonel C. H. Fildes, Henry Macdonald, Rt. Hon. John Murray White, Lieut.-Col. G. D. (Southport) Fisher, Rt. Hon. Herbert A. L. Macquisten, F. A. Wills, Lieut.-Colonel Sir Gilbert Ford, Patrick Johnston Mallalieu, F. W. Wilson, Daniel M. (Down, West) Forestier-Walker, L. Malone, Major P. B. (Tottenham, S.) Winterton, Major Earl Foxcroft, Captain Charles Talbot Middlebrook, Sir William Worthington-Evans, Rt. Hon. Sir L. Fraser, Major Sir Keith Mitchell, William Lane Young, Lieut.-Com. E. H (Norwich) Fremantle, Lieut.-Colonel Francis E. Molson, Major John Elsdale Gardiner, James Montagu, Rt. Hon. E. S. TELLERS FOR THE NOES.— Gibbs, Colonel George Abraham Moore, Major-General Sir Newton J. Lord E. Talbot and Mr. Dudley Gilmour, Lieut-Colonel John Morrison, Hugh Ward.
Clause, as amended, ordered to stand part of the Bill.
CLAUSE 9.—(Reserved Matters.)
"(1) The Royal Irish Constabulary and the Dublin Metropolitan Police and the management and control of those forces and the administration of the Acts relating thereto, including appointments, remuneration, and removal of magistrates thereunder, shall be reserved matters until such date, not being later than the expiration of three years after the appointed day, as His Majesty in Council may determine, and on the date so determined the public services in connection with the administration of those Acts and the management and control of those forces shall by virtue of this Act be transferred from the Government of the United Kingdom to the Government of Southern Ireland as respects Southern Ireland and to the Government of Northern Ireland as respects Northern Ireland, and shall then cease to be reserved services and become Irish services:
Provided that if the date of Irish union occurs before the said services are so transferred then, unless otherwise provided by the constituent Acts, those services shall as soon as may be after the date of Irish union be transferred from the Government of the United Kingdom to the Government of Ireland.
(2) For the purpose of the management and control of those forces whilst the services in connection therewith remain reserved services, there shall be constituted a body consisting of two persons appointed by a Secretary of State, the head of the appropriate Department of the Government of Southern Ireland or some person appointed by him, the head of the appropriate Department of the Government of Northern Ireland or some person appointed by him, and a person appointed by His Majesty, and that body shall have such powers in relation to the maintenance of law and order in Ireland as His Majesty in Council may by Order determine.
(3) The following matters, namely—
(a) the postal service;
(b) the Post Office Savings Bank and Trustee Savings Banks;
(c) designs for stamps, whether for postal or revenue purposes;
(d) the Public Record Office of Ireland;
shall be reserved matters until the date of Irish union, and on that date the public services in connection with the administration of those matters, except so far as they are matters with respect to which the Parliament of Ireland have not power to make laws, shall, by virtue of this Act, be transferred from the Government of the United Kingdom to the Government of Ireland, and shall then cease to be reserved services and become Irish services:
Provided that if before the date of Irish union the Parliaments of Southern Ireland and Northern Ireland by identical Acts make provision for the transfer of any of the said services to the Council of Ireland or otherwise for the exercise of the powers relating thereto by the Parliaments and Governments of Southern Ireland and Northern Ireland jointly, such services shall be transferred in accordance with those Acts, and shall on such transfer cease to be reserved services.
(4)The general subject-matter of the Acts relating to land purchase in Ireland shall be a reserved matter unless and until otherwise provided by any Act of the Parliament of the United Kingdom relating to land purchase in Ireland, passed in the present or any future session of that Parliament:
Provided that this reservation shall not include—
(a) the powers and duties of the Congested Districts Board for Ireland, other than the power of that Board to require advances to be made to them under Section seventy-two of the Irish Land Act, 1903; and
(b)the powers and duties of the Irish Land Commission with respect to the collection and recovery of purchase annuities.
(5)On any transfer under or by virtue of this Act of any reserved matter, the general provisions of this Act (so far as applicable) and the provisions of this Act as to existing Irish officers and existing pensions shall apply with respect to the transfer, with the substitution of the date of the transfer for the appointed day or the date of the passing of this Act."
I beg to move, in Subsection (1), to leave out the word "later" ["not being later than"], and to insert instead thereof the word "earlier"
The object that I have in view is that we should do the best we can for the Royal Irish Constabulary. It seems to me there is a certain ambiguity about the words "not being later than the expiration of three years," and that that ambiguity might produce the surrender of these men to their enemies within a shorter period than three years. My Amendment and a subsequent consequential Amendment would make it quite definite that these men shall not be surrendered till six years have passed. We cannot ever get rid of the real responsibility for maintaining law and order in Ireland unless the South and West are declared an independent Republic. I ask that the Committee should consider whether they are likely to improve the morale of the Irish Constabulary, which, in spite of the circumstances, is being maintained at a very high order, if they leave these men in an uncertain state as to what their future is going to be. Human nature being what it is, these men, having their families scattered all over Ireland, are naturally most anxious on this point, and their anxiety is very much increased by the fact that the ex-service men who are now in Ireland are suffering the very greatest hardships at the hands of the Sinn Fein party in that country. Therefore, if they find themselves turned loose from the Government service they may have a very gloomy outlook indeed. I have in my hand a recent return of the Irish police who have lost their lives or been severely wounded during the course of this year, and between 1st January and 4th May, I think 19 men have been killed, and 39 have been severely wounded, and very many of them have been shot at but have happily escaped, and since that return was made there have been several more murdered, and we have had the attack on the Kilmallock Barracks, where, out of a garrison of ten, two were killed and the whole of the rest were wounded.
10.0 P.M.
To those of us who really know and are fond of Ireland, the condition of things there is really heartbreaking at the present time. It is difficult to explain how such a condition of affairs can have arisen. I can only suggest that the psychology and mentality of the native Irish are different from ours. I do not know whether in pre-historic days, when Ireland broke off from England, she retained for a very long time her position of seclusion, so that her people maintained to some extent the feelings of almost pre-historic men, but it seems to me quite clear that they are subject to certain gusts of primitive passion, which are to the Anglo-Saxon mind absolutely incomprehensible. It is not entirely confmeed to Ireland, because those who know something about the Molly Maguire incidents in Pennsylvania will know that there there were Irishmen who put themselves down as members of that particular society, and who were drawn by lot to remove people who were antagonistic to their organisation, whom they had never seen, and against whom they had had no animosity before. They came by train from different places, completed the slaughter of their victims and disappeared altogether. The same spirit seems to exist in Ireland at the present moment. Many constables killed were quite strangers to the people who destroyed them, and there could have been no personal animosity between the assassins and the victims. In addition to that peculiar mental attitude, and the feeling towards England which exists in the bosoms of so many Irishmen, I think there is also a strong streak of Bolshevism in Ireland, and that is the reason why we see at the present moment episodes in Ireland which we hoped to see confined to Russia and places of that sort. And who are the chief offenders? They appear to be young men who avoided meeting the Germans face to face, and who are now trying to restore their shattered vanity by seeking to create an impression that they are brave men when they summon up courage to shoot policemen in the back. Therefore, I think the forbearance shown by the police is remarkable. We have not heard a breath of a suggestion of reprisals, although the provocation to which they have been subjected is coming now almost to the breaking point. It is for men such as these that I now ask the consideration of the Government and the favourable opinion of the Committee. Their future, in any case, is very much unsettled, and if we can help them by prolonging their term of service to the Crown, it is our duty to do so.
I beg to support the Amendment so ably proposed by my hon. Friend, and I do so as a friend of Ireland, who has spent some of the happiest days of his life there, although I retain no connection with Ireland other than that. But I have seen the Dublin Police and the Royal Irish Constabulary performing their duty under the most trying conditions, and I think it is up to us to do everything we can to protect them, more especially when we see the treatment they have received recently at the hands of the Sinn Fein party. Knowing what they have done, and the loyal and splendid way they have performed their duty, it is our duty to protect them so long as we are able to do so. I myself believe that the present movement is, as my hon. Friend has said, very closely connected with Bolshevism, and in a country where anarchy rages at the present time, I think we ought to do everything in our power, if this Bill becomes law, to protect those who have served the country well and truly.
For many reasons, it is desirable that I should at once state the reasons that lead the Government to put in the period of three years as the time during which the Royal Irish Constabulary should be a reserved power. There is no difference, so far as I know, in the House of Commons as to the way in which the Royal Irish Constabulary have discharged their duties, and are discharging them. Certainly, the tribute which has been paid by the mover and supporter of the Amendment proceed not only from the general knowledge they have acquired from the Press and other sources of the conduct of the Royal Irish Constabulary. Speaking for the Government, I want to say I do not believe—with a more intimate knowledge of all that has happened during the last few years of the wonderful heroism which has been found in the military annals of this country—that there is anything more remarkable or more brilliant than the record of the Royal Irish Constabulary within recent years. They have been called upon to discharge duties which are not only difficult and dangerous, but which are very often intensely distasteful. It is their duty to take active measures against their own kith and kin. Who are the Royal Irish Constabulary?
They are the sons of the peasants of Ireland. They are Protestant, Catholic, Presbyterian. Their fathers, mothers, and families have been, and are to-day, often closely associated with the various movements which have from time to time governed Ireland. These men are called upon in the discharge of their duty to take action against their own families—I said just now their own kith and kin. They have never hesitated to do their duty. During the last few months they have sacrificed their lives in a way which it is too mournful to think about; but they have never faltered. They have been shot down by the most cowardly miscreants who have ever disgraced the history of any country. They have been taken unawares—not shot down when they were discharging their duties as policemen, but shot down when walking in plain clothes or in uniform off duty, or digging in their gardens, or in some other quite ordinary occupation, when they never thought of protecting themselves. We had to ask ourselves if we could find any originating cause for this attack upon the Royal Irish Constabulary, because, as my hon. Friend who moved the Amendment most truly said, they are not only sprung from the people themselves—they are not an alien force, they are a locally-recruited force—they are in themselves not only not unpopular, they are popular and trusted. I remember the day, and so will many of my Irish friends in this Committee, when the local member of the Royal Irish Constabulary was not only called upon to do his duty under Government—which he always did fearlessly—but whenever there was a local disturbance as between individuals or factions, and the matter was settled in some quiet hidden part, invariably the constable was asked to hold the stakes, or to hold the watches of the combatants. I believe he was often asked to make the wills of people who did not know how to make their own. He was asked to advise them as to the management of their affairs. He was the most trusted person, and today he himself is not unpopular in the country.
Can we find a reason for this horrible vendetta against these splendid men? Where does it originate? I cannot find a reason for this extraordinary conduct in Ireland. I look back now for 55 years of intimate knowledge of Ireland, beginning when I was ten years old, and living in the place where Catholics were predominant. I go back over all those years, and through them all has rung this extraordinary mistrust, and in some cases hatred, of England. I do not know what is the reason. I know that in this House and the country we have striven our best to do justice to Ireland. I well remember the old grievances that existed when I was first a Member of this House. There was the question of the tenure of land, and a readiness on the part of certain landowners to take advantage of the love of land and home on the part of the people by rack-renting their tenants, although the cases were not nearly so numerous as the public were led to believe. There were, however, some of those cases.
I remember all those grievances. I remember the days of the old landlords, but all those things have been changed. I remember when the cottages in which the peasants lived were not inaccurately described as "not fit for pigs." To-day they are living in extraordinarily good houses, under greatly improved conditions. Mr. Gladstone once said that "every grievance under which Ireland had suffered had been removed by this Parliament and by the generosity of this country." We have poured money into the country, and done our best to remove her grievances. We have met her difficulties, and to-day we are forced to confess that we have not succeeded in winning her confidence. Is it the case—I am asking rather than stating a deliberate opinion, and I ask it with great earnestness—that to-day the members of the Royal Irish Constabulary are being murdered, because they are regarded as the garrison of the British nation. I am afraid there is something in that.
It is on my conscience, and it has caused me and my colleagues in the Government profound anxiety, as to why these men are being brutally murdered, as they are being brutally murdered. They are men connected with the Secret Service Police in Dublin, who are a splendid body of men, with great intelligence. Their devotion to duty has been as high as any human quality can be. Yet they have been brutally shot down. Only a remnant of them remains, and yet there is no personal hostility. They have not done their work in a provocative way. They have not done anything which justifies these recurring attacks, and yet steadily they have been, and are being, shot down. I will repeat the question. I ask the Committee, I ask those of my hon. Friends who believe as I do that we ought to do everything in our power to support the Royal Irish Constabulary, whether it is true—I do not say it is true—that they are regarded as the outposts of the British garrison in Ireland, and are being murdered for that reason. Let me tell the Committee what was the line the Government thought it best to take. We had to consider exactly the question which my hon. Friend has put in his Amendment to-night—whether the period of reservation shall be six years or three years.
I think my right hon. Friend is not quite correct in that. The object of the Amendment is that it is not to be earlier than a certain period, whereas the Bill as framed puts it at three years.
I am obliged to the right hon. Gentleman for his interruption. My hon. Friend moved the Amendment, and I think there was some discussion as to another Amendment on the Paper. I have been dealing with the general position. When we were originally drawing this Bill, we considered whether' the period should be three years or six years, or any other period. I am obliged to remind the Committee of the simple fact that, by reading this Bill a Second time, the House approved by an overwhelming majority the principle of the Bill, which is the establishment of two Parliaments. We propose to give to those two local Parliaments certain definite powers. Will the position of the police, if they are to remain under the Imperial Parliament, be really better if that period be prolonged than it will be if the period be made short, with every protection given to them? The conclusion we came to was this: We thought that if you are going to establish two Parliaments in Ireland, and at the same time retain your Imperial power here, you ought not to put the police, for a longer time than is absolutely necessary, in the position of being the target against which any local opposition will be directed.
One hon. Member in moving an Amendment earlier to-night said that one of the great objects in forming the federal plan was to do all one could to avoid conflict and controversy between the Federal Parliament and the local Parliament. You are here setting up two local Parliaments. You are calling upon them to maintain law and order in their respective areas. You cannot divorce them from the police altogether. You must give them the support of the police for the purpose of maintaining order, other wise they cannot maintain order. Which is the better—to prolong the period or—to meet the point raised by my right hon. and learned Friend (Sir E. Carson)—to make it quite clear that the period is to be a fixed one—be it three years or whatever the Committee thinks right—and to make it quite certain that, whatever happen to the police, each man in the Force is secure of absolutely just and even generous treatment? That is the course which the Government adopt. Our provisions are to be found in Clause 57, and I have taken some trouble to ascertain whether those provisions are in themselves satisfactory to the police. I believe they are. It seems to me that that really is the better way to meet the police difficulty. If Clause 57 does not cover the case, let us strengthen it. I very much doubt whether you are going to give the police immunity from attack, or greater confidence, by keeping them under the Imperial Government for longer than is necessary to enable the local governments to become settled in their administration.
This, in my judgment, is the gravest question which can be raised in a discussion on this Bill. I do not think it is possible to exaggerate the debt that we owe to the Royal Irish Constabulary. I remember, a few years ago, talking to the late Lord Roberts about this great Force. I said to him, "You have had a greater experience, probably, than any other living man of the various Forces of an irregular kind, and of Police Forces, raised in India and elsewhere. What do you think of the Royal Irish Constabulary? "He had just then returned from being Commander-in-Chief in Ireland, and he told me without any hesitation that he looked upon that Force as the finest Force he had ever known. I believe it is. Its most difficult time has not been the last two years, although it has been its most fateful time. I speak with an intimate knowledge of the Royal Irish Constabulary, and am proud to think that among them I have many personal friends. Their times have been profoundly difficult. They have had to be the machine by which order and law has been maintained, and they have often not been supported as they ought to have been supported by those who were dependent upon them, not only for the execution of their decrees, but for the safety of their own lives. They have often been turned down. They have often been treated with a want of respect and a want of gratitude which we who knew of it have bitterly resented. During the last two or three years they have had to face a new danger and a new trouble in Ireland, and they have faced them as they have faced all previous difficulties, with unfailing courage and with splendid loyalty. If I thought that any of our provisions were doing anything which would not lessen their difficulties, but would expose them to greater peril or greater difficulties, I can only say I would make any amendment in the Bill rather than do any injury to this splendid force. Whether we are right or wrong, we have made these proposals because we really believe that they are in the interests, not only of the Government, but of the police. If there are Amendments which do not destroy the principle on which we rest, the Government will be only too glad to consider them, but I would implore the Committee to consider the future of this great Force. Resort to arms may be the ultimate outcome of all this, but short of that you cannot protect them by merely extending the period during which they will be under the control of the Imperial Government. I hope I have said enough to satisfy the Committee that whatever may be our failings in drawing this Bill, we are not behind anybody in the House in our desire to do justice to the most loyal Force, in my judgment, which has ever served us.
I do not think any body who has ever been connected with Ireland, as my right hon. Friend has, will in the slightest degree consider that he has exaggerated the great services the Royal Irish Constabulary and the Dublin Metropolitan Police have conferred upon that country and this, and also the resident magistrates who are included in this same Clause, and everyone of whom, at the present moment in the South and West of Ireland, is carrying his life in his hands. But while we pay this great tribute to the Constabulary, we have been lavish in our praise, and very mean in our acts, and that is rather the tendency of this House. For instance, for many months the pensioners of the Royal Irish Constabulary have been abominably treated. They have been served with notices asking the most intimate questions as regards their condition and their affairs, so as to see whether they ought to get some addition to a pension which has left many men, who have served this country faithfully in a most difficult time, almost in a state of starvation. That is the kind of act we do. It is high time that this House should lay down that we are prepared to do something more than give praise to those who faithfully serve the Crown under difficult conditions such as exist in Ireland to-day. I know, of course, the difficulties which my right hon. Friend has felt in drawing the enactments with reference to the police. I agree with him that this is probably the most important Amendment that has come before the Committee, and that we ought to consider it in the most serious way.
A great deal of the initial difficulty comes again from the manner in which the Bill has been framed. If it had been, as it ought to have been, a delegation of authorities, there would have been really comparatively little difficulty. But the moment you depart from that and set up this kind of Parliament with a residuum of power, you are at once met with this: How can you have a Government which has no control over the police, and how can you have a police who are not under the particular Government they have to serve? A difficult problem is created when you try to frame this kind of legislation. If they are not under the control of these new Parliaments they will continue to be looked upon as the enemies of the people, as British emissaries of some kind, and will be, therefore, the target for the common, cowardly, dastardly assassin who is now prevailing the length and breadth of my native country. That is quite true; but let us look at what the Amendment tries to do and let us see whether it does not alleviate somewhat the lot of these men. As the Bill is at present drawn, you are bound to hand these police over to the local Parliaments in three years. That means that no matter what the state of the country may be, no matter what the hostility of a. Parliament may be, even if it is a Parliament that has declared a Republic, you are bound to hand these men over. Is the Committee going to submit to that?
All that the Amendment does is to give you a discretion. It says that you are not to hand them over earlier than three years, and that you are not obliged to hand them over after three years unless the circumstances are such that His Majesty in Council may determine that it is right and proper to hand them over. Let us not confuse this matter with the three years and the six years. I would far rather have the Amendment in this form, that it should not be earlier than the expiration of three years, which leaves you a discretion after three years, than to limit it and make it that they should be handed over in six years. The great thing is to hold the discretion in your own hands, to keep the power in your own hands, and to let the Parliaments know that it depends upon them and upon their conduct whether they will get the control of the police or not. Therefore this is a very limited Amendment, merely giving that discretion. If you are going to abide by this hard and fast rule that they must be handed over in three years, I look with the gravest misgiving as to what is going to happen in the next three years. How can you expect the police, pending that three years, to do their duty? It is a most alarming state of affairs to look forward to. You say to these men: "You will be handed over in three years to the the new Irish Parliament; meanwhile acts are being perpetrated which they approve of, and we call upon you to put them down." No man can do his duty, and no man ought to be asked to do his duty under such circumstances. What von are going to say to these men is this: "The men who we say now are criminals may be your masters in three years, but we Ask you to deal with them." I hope the Committee will never pass any such thing as that. We are not asking in this Amendment for any extension, but we are asking that you should see how this Parliament operates and works, and see whether after the end of the three years they are fit to be entrusted with the lives, destinies, and future existence of these honest, able men upon whom we have lavished so much praise to-night. If you do not do that you had better shut up the police altogether now. I do not think it is fair to ask them to go on under these circumstances. Far better withdraw them altogether.
There is another matter to which I would draw the attention of the right hon. Gentleman. There will be Imperial matters to be carried out in Ireland. It is so often forgotten in these discussions that you are going to tax Ireland; that you are going to collect Customs and Income Tax there, and that you are going to collect the same general revenue that you collect here. How are you going to do it without the police? Is it not necessary that you should see how the local Parliaments are going to deal with your legislation as regards taxation, and how they are going to allow you to collect the taxation before you give up the power to control the police? I can find no provision—and this seems to me to be one of the blots on this Bill—as to how you are to enforce decrees for taxation, and how you are going to protect your customs and excise without the police? It would be well, before you make up your minds that you must get rid of these men whether you like it or not within three years, to see how this matter is going to work out. I myself doubt whether it will work at all, but that is going too much into the general principle of the Bill. Therefore, I say that it is a moderate Amendment to substitute for the words, "not being later than three years, "the words" not being earlier than three years," and to give yourselves discretion afterwards.
My right hon. Friend prefers the provisions later in the Bill as to the terms upon which these police and magistrates can retire. The provisions in the Bill are not half generous enough. It is no use saying to these men, who have given years and years of service, "You can retire on a pension or you can go over to a hostile Parliament." What are they to do if they retire on a pension? What are those doing now who have retired on a pension? There is not one of them or one of their families in the South and West of Ireland who can get employment. If we mean all that we say about the Royal Irish Constabulary and the Dublin Metropolitan Police, the real solution is to say to these men, and to announce it now: "We will not give you the alternative of going upon a pension; you can go on full pay. We are not going to dock anything off you, because it is not your fault that we have been driven to pass a Bill of this kind." That is the only way that you will keep the confidence of these men. They would then feel that they would be in as good a position at the end of three, four, five, or six years if they faithfully served the country, and everyone admits that they do so. I do hope that the Government will at all events agree to this first Amendment.
I often wonder whether we ever succeed in this House in really bringing home to Members who are not fully acquainted with Ireland the kind of conditions under which these men have to live. When you go down to peaceful villages and quiet country districts in England you cannot find a policeman if you want one, and fortunately you never do want one. It seems so strange to an Irishman. A friend of mine told me only the other day that he said to a policeman: "When you were attacked in those barracks, surely you could have shot some of the men who attacked you." The policeman replied, "What, shoot some of them, and my wife and children living in this very town? What would become of them." That is the picture that you have to draw. My right hon. Friend said, and said rightly, that there was a time when a police constable in Ireland was looked upon as a friend of the people. There was until a regime of not supporting the police was started year after year, and over and over again it was brought to my own knowledge that, because the head constable, who was the best friend of the children and the people, had gone to parents and said I wish you to look after your boy, and not be letting him get into trouble: keep him at home of evenings or something of that kind," then complaint was made to the Government and that man was immediately removed. That was the sort of thing that sprang up over the country for five or ten years before the War broke out, and of course the whole confidence of the police departed and the whole method had to be changed. Let us be in earnest to-night about the police in Ireland, and have no camouflage and no make believe. The Government of Ireland may be right or wrong, but the men serving there ought to do their duty and they do their duty. Let us not mix up the two things for Heaven's sake, and at the same moment when we are giving them all this praise and commendation which they have so well earned let us do something substantial for them which will make them believe that the British Government do really appreciate them as honest and loyal servants of the Crown.
Of course I associate myself very thoroughly with everything that has been said as to the courage of the members of the Royal Irish Constabulary and the dastardly character of the attacks that are made upon them, but when I hear the right hon. Gentleman in charge of the Bill express surprise that the police are regarded in a different manner in Ireland from what they are in England I am amazed. I ask myself, even though I am alone, perhaps, in this House in the opinion at the moment, does anyone really pretend that the right hon. Gentleman does not know why the police in Ireland are in a different position from that of the police in England, why in an English village the police are friendly with everyone, and until recently in Ireland they were friendly with everyone, while now they are regarded as the "ambassadors of an alien Power "? The reason is this, that under the direction of the Castle, and under the direction largely of the right hon. Gentleman (Mr. Long) the police have abrogated their functions as keepers of order.
I have had nothing to do with Dublin Castle for twenty years.
The right hon. Gentleman will not deny that he has had a great deal to do with the Government of Ireland for the last two years.
No.
People in Ireland imagine it, and I think that they are right. The police, instead of pursuing criminals, are being turned into a political force. [HON. MEMBERS: "No!"] Who was it carried out the infamous policy of the Government of political proscription during the last two years, if not the police? [HON. MEMBERS: "No!" and "The rebellion of 1916!"] The rebellion of 1916 was a comparatively small affair. I would be quite willing to express my views on it if it were in order, but at present in Ireland the police are a political force. [HON. MEMBERS: "No!"] They are not used to maintain order. They do not carry out the maintenance of law and order in the ordinary sense of pursuing criminals. They have been used by the Castle as the agents of a scheme of political proscription. They are the people who sought out hundreds and imprisoned them without trial and without charge. I do not blame the police; they have to obey orders. I admire their courage. I do blame the people who give them the orders—orders to arrest little children for giving their names in Irish, to arrest little boys who carry Sinn Fein flags, to arrest people and put them in prison without charge or trial until they die—there have been two such cases, as is known. And then it is asked why the police in Ireland have not the support of public opinion, as in this country. The problem will not be solved until you get public opinion in Ireland in support of the Government, At present there is not a scintilla of opinion in South and West, Protestant or Catholic, Unionist or non-Unionist, in support of the Government.
Is this argument relevant to the Amendment?
The Debate has gone rather wide, but this question of the transfer of the police from the Imperial Government to the local governments necessarily raises the question of the causes of distrust.
The problem is to get the public opinion of the country in support of law and order. As long as you use the police for political proscription you cannot get the people to support them. If this Bill were a serious Bill—
Now the hon. and gallant Gentleman is going too far. He is discussing the whole Bill.
To put the forces of law and order under proper control is the obvious commonsense course. Their real sanction is the support of the public opinion of the country. As to the actual details, as an indication of how ridiculous the whole discussion is, it is necessary only to say that the police are to be handed over on the appointed day. Is there to be one appointed day for Northern Ireland and one for Southern Ireland? If there is only one appointed day and you get an Ulster Parliament set up and no Parliament set up in the south, what is to happen in the south? There is a body to be set up, half appointed by the north and half appointed by the south, to manage the police in the meantime. Suppose there is no Southern Parliament. Who is going to elect that half of the body?
I beg to move, "That the Chairman do report Progress, and ask leave to sit again."
It is quite evident that the discussion of this Amendment cannot be completed to-night. There is a very small Bill connected with the Admiralty which it is very important we should get through.
Question put, and agreed to.
Committee report Progress; to sit again to-morrow.
Invergordon Harbour (Transfer) Bill
Order for Second Reading read.
I beg to move, "That the Bill be now read a Second time." This is a. very small Bill of one Clause to legalise an agreement which was carried out when Invergordon was purchased by the Admiralty during the War, because it was found necessary for the purpose of our Fleet. The Bill imposes no charge on the public, because it was paid for under the Appropriation Act of November, 1918. It was found that the agreement had been entered into by the trustees who held the harbour property under an old Act of 1862, and that it was necessary to have an Act passed in order to confirm all the powers that were contained in that previous Act. It is proposed now to enter into negotiations for the sale of the property. We are advised by the Scottish law officers that it is necessary to have an Act passed in order to be in a position to negotiate a sale. If the Second Reading be carried, as I hope it will be, I propose to move that the Bill be referred to a Select Committee as mentioned on the Paper.
This is a very interesting Bill. If I take the meaning of the hon. Member's remarks right, we intend to sell this harbour, and this is for the purpose of legalising the purchase. As expenditure goes nowadays, I suppose the sum involved is not large. When I read the Bill the first thing that struck me was that it was rather extraordinary that we in 1920 should be buying this harbour of Invergordon as an Admiralty base. If we are bound to sell, why has that been announced in the House in this way? Surely it is a very unbusinesslike way of dealing with the matter to let it be known to the business world? In one or two cases there have been sales to firms which have not been in the public interest and in which properties have been disposed of at less than their real market value. It looks as if this will be one of them owing to the rather peculiar action of the hon. and learned Gentleman in saying we are going to sell this place. My second question is this. If there is any delay in the sale of this harbour, will there be any expenses in connection with keeping the harbour on? During the War, Invergordon harbour, which was without any naval establishment at all before 1914, was fitted up with a great many sheds, recreation places, and so forth, and there sprang up a merely temporary population of officials to administer the harbour. That is now, to-day, a luxury, and the Fleet does not need Invergordon in that way. But if there is any delay, are we going to be let in for any other expenses in administration and upkeep of this base which I suppose a few interested people would like to keep going? I ask these questions solely in the interests of public economy.
May I ask the hon. and gallant Member whether I am right in thinking that the consideration to be given for the harbour is £16,000, with interest thereon from the 4th August, 1917, at the rate of 5 per cent., and in asking whether any further consideration is to be given, or whether this is the whole of the consideration which will be given for the harbour and for the rights which are to be acquired?
The whole matter of our liability in the matter has been discharged, and there will be no further costs in connection with the matter. With regard to the questions of my hon. and gallant Friend opposite (Lieut.-Commander Kenworthy), I do not think any harm can be done in having the Act, because the Act makes the property more saleable. In fact, without the Act I doubt whether the property would be saleable.
Question put, and agreed to.
Bill accordingly read a Second time.
Bill committed to a Select Committee of Five Members. Three to be nominated by the House and Two by the Committee of Selection.
Ordered, That all Petitions against the Bill presented Three clear days before the meeting of the Committee be referred to the Committee; that the Petitioners praying to be heard by themselves, their Counsel, or Agents, be heard against the Bill, and Counsel heard in support of the Bill.
Ordered, That the Committee have power to send for persons, papers, and records.
Ordered, That Three be the quorum.—[ Sir J. Craig. ]
Government of Ireland [Money]
Committee to consider of authorising the payment, out of the Consolidated Fund and out of moneys provided by Parliament, of any charges which may be incurred under any Act of the present Session to provide for the better government of Ireland (King's Recommendation signified)—To-morrow.—[ Lord Edmund Talbot]. ]
The remaining Orders were read, and postponed.
ADJOURNMENT.—Resolved, "That this House do now adjourn."—[ Lieut.-Colonel Sir R. Sanders. ]
Adjourned accordingly at Two Minutes after Eleven o'Clock.