House of Commons
Monday, December 13, 1920
Private Business
London County Council (Tramways and Improvements) Bill,
Lords Amendments considered, and agreed to.
Port of London Authority (Consolidation) [Lords],
As amended, to be considered tomorrow.
Oral Answers to Questions
Trade and Commerce
Foreign Picture Postcards
asked the President of the Board of Trade if he is aware that millions of picture postcards have recently been imported into this country from the Continent which bear no in- dication that they are not of British manufacture; whether it is essential that each card should bear an imprint giving the name of the printer and the town and country in which it is produced; and will he state the steps that the Department are or contemplate taking to ensure fair competition as between British and foreign producers of postcards?
I am aware that picture postcards printed abroad are imported into this country without any indication that they are not of British manufacture, but as the law at present stands, such an indication is not required except, broadly speaking, where the goods bear a description which, without that indication, would be false or misleading. This matter was considered by the Merchandise Marks Committee, and, as I have already stated in this House, I hope to introduce early next Session a Bill giving effect to their unanimous recommendations.
Does that cover the point mentioned in the question?
Certainly. There is a definite recommendation of that character.
Latch Needles
asked the President of the Board of Trade whether hosiery latch needles will be included in the Bill dealing with key industries and dumping which is to be the first measure introduced in the new Session?
As I recently stated in the House, I do not think it would be practicable to discuss the details of this measure before its introduction.
Business Names (Register)
asked the President of the Board of Trade the number of firms who have been registered under the register of business names; whether any prosecutions have taken place for non-registration; how many convictions have been obtained; what is the approximate cost of carrying on this work per annum; what number of officials are engaged in the duties; and if any special offices or buildings are reserved for this Department?
The number of registrations in England and Wales up to the 10th December is 145,000. Prosecutions for non-registration have been instituted by the Board of Trade in 43 cases, of which 42 resulted in convictions. In addition, the Board have received information as to 19 prosecutions and convictions initiated by the local police authorities. The office for England and Wales is at 39, Russell Square; 3 permanent officials and 37 temporary clerks are employed. The approximate cost is £6,500 per annum, and the fees received since the Act came into operation in December, 1916, amount to £40,000. I have asked the registrars of business names in Scotland and Ireland to furnish me with a report as to their offices, the result of which I will communicate to the hon. Member.
Manufactured Goods Imported
asked the President of the Board of Trade if he will furnish detailed particulars of the imports this year of manufactured goods, respectively, from the different countries of Europe, similar to the Return which he recently issued of the imports from Germany for the first nine months of the present year?
Yes, Sir; I shall be glad to arrange for the publication of the information desired, covering the whole of the current calendar year. This information should be ready about the end of next January.
Dangerous Drugs Act (Import Restrictions)
asked the President of the Board of Trade whether any restrictions are now imposed by his Department on the import of any goods other than narcotics; and what kind of goods are included under the definition of narcotics?
No restrictions are at present imposed by the Board of Trade on the importation of any goods. The provisions of the Dangerous Drugs Act, 1920, under which the importation of the articles referred to in the Act is restricted, are administered by the Home Office.
Key Industries
asked the President of the Board of Trade whether he has now finally decided what branches of industry are to be regarded as key industries for the purposes of protection; and whether, in compiling the list, he is taking into special account the effect of the low rates of exchange existing in foreign competing countries?
As I have just stated in my answer to the hon. and gallant Member for the Melton Division (Colonel Yate), I do not think it would be practicable to discuss particulars of the Key Industries Bill before its introduction. As regards the second part of the question, the effect of depreciated foreign exchanges is not limited to key industries. The whole problem of the effect of collapsed exchanges is being carefully considered by His Majesty's Government.
Dyestuffs
asked the President of the Board of Trade whether measures are in force in France, Switzerland, and America for protecting the dye industry in those countries; and what in each case is the nature of the measure?
In France the tariff duties on chemical products were revised in November, 1919. The classification of coal-tar dyes was considerably elaborated, and the tariff rates on certain classes of such dyes increased. The same law sub- jected to import licence all colouring materials and chemical products coming into France from Germany in excess of the levy imposed by the Peace Treaty. In the United States of America an Act of 1916 revised the tariff duties on dye-stuffs and made provision for the imposition, for at least five years, of special and additional duties on dyes and intermediates. A prohibition of the importation of dyes (except under licence) was established during the War, and is still maintained in force. In Switzerland dyes of most descriptions are subject to a small duty under the ordinary customs tariff.
Export Trade Credits
asked the Prime Minister whether, in view of the large numbers of unemployed in this country, the Government will encourage export trade by guaranteeing the joint stock banks' credits at the Bank of England, so that those banks in turn could finance exporters to give a longer credit to foreign firms purchasing British goods?
Suggestions have been made and are now under consideration by which the Government might join in a general scheme of insurance through which credit could be extended.
Eastern Europe
asked the Prime Minister whether he is aware that over 2,000 skilled engineers and other workers engaged in the manufacture of sewing machines at Crayford have this week received their discharge; whether this is largely due to the fact that the anticipation of manufacturers that they would be able to dispose of these goods in Russia and elsewhere in Eastern Europe has not been realised; and whether, in view of the great distress caused by unemployment, he will take immediate steps to make these markets accessible to British goods?
I am aware that unfortunately there is an increase in unemployment, and that discharges have recently taken place at Crayford, but I cannot accept as accurate the contention that this is due to the cause mentioned by my Noble Friend. As regards the last part of the question, I would refer my Noble Friend to the answer given on Thursday last to a question by my hon. and gallant Friend the Member for Finchley.
Is it not a fact that a very grave mistake would be made in holding out any hopes to the unemployed of this country that trade relations with Russia might add substantially to their employment?
I agree with the hon. and gallant Gentleman that those hopes are considerably exaggerated. The figures I have seen are perfectly grotesque. In view of that fact, there is nothing which would impel me more to press for the conclusion of the agreement than to establish what are the real facts.
If we had made peace two years ago, should we not now have been doing a big trade?
That is a purely hypothetical question.
German Currency
asked the Prime Minister whether, in view of the fact that, as a result of the depreciated value of the mark, our industries are subjected to the unfair competition of imported German goods, and having regard to the fact that the value of the mark is affected by the crushing and uncertain amount of the indemnity and generally by the peace terms imposed upon Germany, he will take immediate steps to call an international conference by whose efforts, through the modification of the Treaty of Versailles or by other means, the currency may be stabilised?
I would refer my Noble Friend to the reply given by me on Thursday last on this subject.
Coal Industry
Miners' Strike
asked the President of the Board of Trade whether his Department intends to compile on the subject of the national loss caused by the coal strike reliable figures which are sufficiently comprehensive to convey a correct impression; whether such information is of the greatest value to the public in view of industrial troubles; and whether, if he has not made arrangements to supply it in all disputes of the kind, he will at once take steps to do so?
In order to form such an estimate, it would be necessary to obtain detailed particulars from every class of manufacture, trade, and business. Such an inquiry would inevitably be long, costly, and incomplete (nor have I any power to compel any person to reply), and I should certainly not feel justified in incurring the expense which would be involved.
Has not a good deal of this been made up by increased production of coal since the strike?
An infinitesimal portion.
Increased Output and Exports
asked the Secretary for Mines what is the last recorded weekly output of coal in the Yorkshire, Notts and Derby coalfields; what were the corresponding figures for the similar period last year; what is the estimated present consumption of coal by industry in this period of this year in the districts served by these fields; what is the present amount of coal allowed for export from the Humber ports; whether he contemplates allowing an increase of coal for export from these ports; and whether he is aware of the unemployment and loss of trade caused by the present severe restrictions on coal exports from the Humber?
The output of coal for the week ended 4th December was 820,500 tons in Yorkshire and 600,400 tons in Notts and Derby. The corresponding figures for last year were 781,300 tons and 591,300 tons, respectively. I regret that information is not available as to the quantities consumed by industry in the districts served by these fields. The amount of coal, exclusive of slurry and colliery pickings, hitherto allowed for export from the Humber has been 60,000 tons per month unwashed slack up to half-inch. Discretion has now been given to the committees of certain areas (including the three named in the question) to permit export of slack where they are satisfied that it cannot be disposed of inland. With regard to the last two portions of the question, I would refer the hon. and gallant Member to the reply which I gave on Thursday last to the hon. Member for Pontefract.
As there is a much less consumption of coal by the smelting and other industries in South Yorkshire at the present time, and in view of the increased production of the collieries, is it not time that coal other than slack should be allowed to be exported from these great ports?
One must take into consideration the fact that during the strike 14,000,000 tons of coal were lost to the country, and even with an increase of 400,000 tons per week it would require nine months to make that loss good.
Is it intended then to wait for the whole deficit to be made up before further exports are allowed?
I am watching the situation from day to day, and I shall permit the exports as soon as I possibly can with safety.
Peace Treaties
Capital Issues, Germany
asked the President of the Board of Trade whether his attention has been drawn to the heavy new issues of capital for the purpose of furthering industrial enterprises in Germany; whether such issues are met by increased issues of paper money whereby the German exchange is automatically reduced vis-à-vis the £ sterling; and whether anything will be done to prevent Germany evading her liabilities towards the Allies by depreciating her own exchange and so delaying the fulfilment of her liabilities under the Peace Treaty?
The figures of capital issues in Germany which I have seen, while large in nominal value, appear to be moderate if allow- ance be made for the depreciation of the mark. There appears to be no connection between such capital issues and the increased issues of paper money, and, accordingly, the last part of the question does not arise.
Agreements (Publication)
asked the Prime Minister when he will carry out his undertaking to publish all agreements, protocols, etc., relating to the execution of the Treaty of Versailles?
I am afraid I can still make no definite statement upon this matter. My hon. Friend may rely upon me to see that these documents are published at the earliest possible moment.
In view of the fact that documents similar to these are constantly published in Paris, and reach the British newspapers in a very few hours of their notification in the French Chamber, does the hon. Gentleman not think it unfair to the British public that these documents should be so long withheld, without, at any rate, any due or adequate reason being given to this House?
I do not think my right hon. Friend will expect me to enter into that rather delicate matter. I can only assure him I am most anxious that these documents should be published.
May I ask the Prime Minister whether he has noticed that this question has now been on the Paper nearly eight weeks, in response to a promise he himself gave in connection with a Debate which was held in this House, and cannot the Prime Minister use his influence to get these documents published?
Seeing that these are published in all, or nearly all, the French papers, how can it be a delicate matter to publish them in the English papers?
As a matter of fact, if they are published—
They are.
They ought not to be published. It is a most improper proceeding that they should be published in any papers without the consent of all parties. I do not say they are, but I have seen too much of this thing done. We are doing our best to get consent and, so far as we are concerned, we are all in favour of publication of these documents. There have been changes in the French Government during the last few weeks, and that may have been responsible for delay. We will make an effort to secure consent.
Will the right hon. Gentleman represent to the French Government the great dissatisfaction felt in this House with regard to the publication of these documents, to which he himself, as he has told us to-day, offers no objection?
May I put down the question this day week?
I will try, but I am afraid it is very little use unless I get personal interviews. Perhaps it would have been well had this been brought to my notice at the time the French Prime Minister was here. Then we could have settled it in a very short time.
Profiteering Acts
Building Materials
asked the President of the Board of Trade when the Reports of the Committees inquiring into the price of building materials may be expected?
Reports on bricks and timber, respectively, have already been published. A Report on cement and mortar has been presented to the Board of Trade, and will be published at an early date. I hope shortly to receive the Report on light castings. The Sub-Committee which reported on bricks is now investigating stone and clay ware. I am unable to say when this Report will be received.
Does the right hon. Gentleman contemplate taking any action arising out of these Reports?
Not on any Report which I have so far received.
Local Tribunals
asked the President of the Board of Trade how many local tribunals for inquiring into cases of profiteering by retailers are now sitting; what is the total number of cases investigated in this way; in how many cases the charge has been proved; what has been the penalty in each case; and what has been the total cost to date of these local tribunals?
The answer is a necessarily long one, and I propose therefore to print it in the OFFICIAL REPORT.
The following is the answer referred to:—
1,797 local committees established by local authorities under the Profiteering Acts are now sitting. 4,510 cases have been investigated, in 1,059 of which it was decided that an unreasonable profit had been made or sought, and the amount overcharged ordered to be refunded. In 144 cases prosecutions have been successfully undertaken and fines imposed as follows:—
In 3 cases fines of £100.
In 7 cases fines of £50.
In 1 case a fine of 30 guineas.
In 1 case a fine of 25 guineas.
In 17 cases fines of £25.
In 1 case a fine of £22.
In 6 cases fines of £20.
In 1 case a fine of £18.
In 5 cases fines of £15.
In 1 case a fine of £12.
In 19 cases fines of £10.
In 1 case a fine of £8.
In 3 cases fines of £7.
In 35 cases fines of £5.
In 3 cases fines of £4.
In 5 cases fines of £3.
In 1 case a fine of £2 10 s .
In 15 cases fines of £2.
In 1 case a fine of 1 guinea.
In 13 cases fines of £1.
In 5 cases fines of 10 s .
The expenses of local committees are defrayed out of the local rates, and I regret that I am unable to answer the last part of the question.
League of Nations
Armenia
asked the Prime Minister whether the Noble Lord the Member for Hitchin represents South Africa only at the Geneva Convention; and, if so, whether his expressions of sympathy with Armenia and the Armenians commit the Government in any way to the expenditure of public funds on their behalf?
The answer to the first part of the question is in the affirmative, and to the second part in the negative. He is only committing South Africa.
Is it not highly inconvenient to have two eminent Members of the Legislature at Geneva, and is the voice of the Noble Lord the Member for Hitchin (Lord Robert Cecil) that the League has been extremely successful not overridden by that of the right hon. Gentleman the Member for the City of London (Mr. Balfour) when he says that the League has at least done nothing of which it need be ashamed?
asked the Prime Minister whether it has been decided at a conference of heads of certain of the Allied Governments in London that Armenia should not be admitted to the League of Nations; whether the assembly of the League at Geneva has been considering the question of admittance of new States to membership; and with what body rests the power, under the Covenant of the League of Nations, to admit new members to the League?
The answer to the first and second parts of the question is in the affirmative. With regard to the last part, I would refer my hon. Friend to Article 4 of the Covenant of the League.
Council Decisions, Publication
asked the Lord Privy Seal whether the Government has yet come to a decision as to laying upon the Table of this House, at the conclusion of every meeting of the Council of the League of Nations, a Report of the decisions arrived at at the meeting in question?
asked the Lord Privy Seal whether, at the conclusion of the meeting of the Assembly of the League of Nations at Geneva, a Report of the proceedings will be laid upon the Table of this House?
As was stated by the Prime Minister on the 2nd inst., the Reports will be placed in the Library as soon as they are received from the Secretary-General of the League.
Can they be issued as a Parliamentary Paper? Is the right hon. Gentleman aware that a large number of Members of the House very much hope to get some of these papers for their own private use, and would be willing to pay for them?
It would entail a good deal of expense, and I think it would be a good plan to begin by placing them in the Library?
Cannot the Papers be issued subject to payment? Would not that be the better plan?
I think the best plan would be to put them in the Library first, and then we can see to what extent the Papers are required.
Lithuania and Armenia
asked the Under-Secretary of State for Foreign Affairs if he can give the House any information regarding the results of the intervention of the League of Nations in the situations obtaining in Armenia and in Lithuania?
asked the Under-Secretary of State for Foreign Affairs, what is the present position in Armenia; and whether instructions have been issued to representatives of Great Britain at the assembly of the League of Nations as to the policy of this country in view of the proclamation of a Soviet Republic?
The League of Nations has induced the Lithuanian Government and General Zeligowski to conclude an armistice. It has also secured the services of an international force, consisting of British, French, Spaniards, and Scandinavians, to police the Vilna district during the holding of the proposed plebiscite.
A Soviet Government has been formed in Armenia. Ten thousand Russian troops are reported to have entered the country, and the Russian representative is said to have assured the Armenian Government that Armenia will be independent. Peace negotiations with the Turkish Nationalists are continuing. No special instructions have been issued to the British representatives at Geneva in connection with the proclamation of a Soviet Republic in Armenia.
Do not the Government think that the time has come to let Armenia alone, it being a factor of no international importance, but one which is continually involving this country in expense and trouble?
I cannot agree with my hon. Friend that it is not a factor of international importance.
I did not catch the answer of the hon. Gentleman to the question which has just been put to him, but may I ask whether this country is not bound by expressions and statements and promises made over and over again by its representatives to protect the Armenians from further butchery; and also, as the Government in Armenia has been described as a Soviet Government, whether it is not true that the Government in Armenia cannot be described as a Soviet Government, since many of its-members are not Bolshevists at all, and whether it is not a Coalition Government forced upon the country by the condition of exposure to the attacks of Turkish forces into which the country has been forced by, I am afraid I must say, the neglect of the Powers to give it proper protection against further massacre?
As regards the first part of my hon. Friend's supplementary question, the sentiments of His Majesty's Government with regard to Armenia are very well known. As regards the second part, our information is that a Soviet Government has been established in Armenia, but I do not pretend that our knowledge in regard to the situation is exhaustive.
May I ask if the Armenians and the Turks signed an agreement at Alexandropol a few days-ago, under which Turkey is to take over, not only the district round Lake Van, but also a considerable amount of Persian territory up to the Araxis, and what the Government propose to do to remedy that?
I shall be glad to have notice of that question.
Are we to understand that 10,000 Russian soldiers have been imported into Armenia with a view to forcing upon Armenia the terms which Mustapha Kemal, who is the ally of the Bolshevists, wishes to dictate?
May I supplement that question by asking whether His Majesty's Government will give their assent and sanction to any treaty depriving Armenia of a large portion of the territory to which she is entitled on every ground when such treaty is forced by the troops either of the Bolshevists or of the Turkish Government upon a people that has been under the protection of the Powers of Europe?
In how much of the taxpayers' money are the sentiments of His Majesty's Government towards Armenia to be expressed?
I cannot remember all these supplementary questions. They seem to be questions which might be put on the Paper
Does my hon. Friend think the results of the Foreign Office policy in the Near East have been entirely satisfactory?
It would be difficult to say that with regard to any policy.
Russia
Trade Relations
asked the Prime Minister whether he can now make a statement with regard to permitting trade between the British Empire and Russia; whether he is aware of the great need of manufactured goods of all kinds in Russia and of the increasing unemployment in British industries at the present time due to the lack of markets; and does His Majesty's Government propose to assist British merchants and manufacturers to supply the Russian and Siberian markets with manufactured goods?
35 & 36.
asked the Prime Minister (1) whether he is aware that, owing to the trade agreement with the Soviet Government of Russia not being signed, £20,000,000 worth of goods sought to be placed in this country has now gone to Germany; whether he is aware that other large orders for goods are waiting to be placed here but are held up for the same reason; having regard to the numbers of unemployed in this country and to the general willingness of British traders to export goods to Russia, there is any intention on the part of His Majesty's Government to alter their policy in this matter;
(2) whether he is aware that at least £20,000,000 worth of orders for goods for Russia were sought to be placed in this country to be paid for in gold; and whether, having regard to the fact that a licence to export gold from Russia has been refused, he will state what steps, if any, the British Government intend to take to ensure that British traders shall be provided with an immediate opportunity to quote prices for and export goods to Russia?
asked the Prime Minister what is the present position of the negotiations between His Majesty's Government and the Russian Soviet Government regarding the proposed trade agreement; and when this House will be given an opportunity of debating the same?
As hon. Members are aware, negotiations are now proceeding with the Russian Trade Delegation with a view to establishing trade relations with Russia, and it would be inexpedient to make any statement as to the progress of these negotiations at the moment. So far as we are concerned, no licence is required to allow Russian gold to come to this country. I have no reliable information as to the reports of Russian purchases to which the hon. and gallant Member for South-East Leeds refers.
Will the Prime Minister promise that this matter shall be discussed in the House before any agreement is come to, and is there any possibility of this discussion taking place before we rise for Christmas?
We are not going to rise !
There will be an opportunity for discussing the matter on the Second and Third Readings of the Consolidated Fund Bill. As a matter of fact, I have been discussing the matter this morning with my right hon. Friend the President of the Board of Trade, and I think it is very desirable that we should have a discussion.
What is the cause of the delay, in view of the fact that on 7th July a practical agreement was come to between the Soviet Government and His Majesty's Government?
That is exactly what my right hon. Friend and I will explain to the House of Commons.
I am sorry to press the right hon. Gentleman, but can he say whether there is any chance of this matter being settled favourably to British merchants, in view of the unemployment—the growing unemployment—and the dissatisfaction of the country?
We stand absolutely by our bargain. I wish the same thing could be said by both sides.
Is the right hon. Gentleman aware that the Bank of France has purchased a large quantity of Russian gold through Stockholm and Reval without any limitation or restriction; and if that is so, why cannot the British purchase it in order to start the export of goods?
The British trader can purchase if he likes, but he cannot export without a licence. I am not sure that the statement with regard to France is accurate.
Is the right hon. Gentleman aware that permission to import gold from Russia is coupled with the condition that it must be sold at 77 —the pre-War price—whereas the price is now 115? If that is so, is it not a gross injustice to the importers?
Will the right hon. Gentleman bear in mind the promise given by the Leader of the House, that before any Debate takes place the whole of the correspondence on this subject should be circulated as a White Paper?
I should like to consider that very carefully; it depends upon the state of the negotiations. A very full statement was made in the Debate in the House, but nothing will be withdrawn from the cognisance, not merely of the House, but of those outside, for it is very important that where there is a possibility of trade with Russia providing employment, the whole of the facts should be known. In regard to the question of the hon. and gallant Gentleman opposite (Captain O'Grady), there is no prohibition of any imports. The prohibition with regard to the price at which gold can be exported applies to gold, whether Russian or other gold.
Is there not—as I understand—a stipulation laid down by the Treasury that this gold cannot be imported except at 77, which is the pre-War price, while the market price is now 115?
That is not so.
Will the right hon. Gentleman give his attention to two cases of Soviet propagandist literature that have come from Moscow?
If my hon. and gallant Friend can give me any information on that point I shall be glad.
Arising out of the answer of the Prime Minister to my supplementary question with regard to the promise that was given by the Leader of the House that this correspondence should be published. I do not wish to press for an immediate answer, but it is important that the House should have this correspondence in their possession before a decision is come to.
Whatever promise was given by the Leader of the House will be honoured.
Hostilities Against Poland
asked the Prime Minister whether His Majesty's Government have any information as to whether the Soviet Government is proposing to resume hostilities against Poland; if so, what action do the Allies intend to take; and, if a resumption of hostilities is undertaken by either side, will the Allies take joint action to compel the aggressor to cease hostilities?
Rumours to this effect have been received by His Majesty's Government, but I have no means of knowing what may be the intentions of the Soviet Government, nor can I say now what attitude in the hypothetical case put by my Noble Friend the Allied Governments may decide to adopt.
Can the right hon. Gentleman now state whether he proposes to guarantee the frontiers of Poland to the East of the Curzon line as laid down?
We have undertaken no responsibility for that country.
asked the Under-Secretary of State for Foreign Affairs whether the Government has received any information indicating that Soviet Russia is planning further aggression against Poland?
Rumours to this effect have reached His Majesty's Government, notably as the result of a statement. by the Soviet representative in Lithuania. In view of the fact that negotiations are still in progress at Riga between the Polish and Soviet representatives, His Majesty's Government cannot but hope that peace will shortly be arranged between the two countries.
General Wrangel's Army
asked the Prime Minister whether the surviving portions of the army of Baron Wrangel are being re-organised and re-equipped; whether this is being done on territory under the control of the Allies; whether these troops will be used for further attacks on Soviet Russia; and why they have not been disarmed and interned?
I have caused inquiries to be made by telegram with regard to the allegations referred to, but have not yet received any reply.
Surely the Prime Minister or his assistants know what is being done in regard to the remnants of this army? Why is it that the Government have to telegraph for this information?
To get the information.
May I press for an answer to the second part of my question, which does not necessitate any telegraphing, namely, whether these troops will be used for further attacks on Soviet Russia?
So far as we are concerned, we have nothing whatever to do with re-arming them or using them for any purpose.
Does the hon. and gallant Gentleman the Member for Central Hull think he should give advice to our French Allies?
Suez Canal (Train Ferry)
asked the Prime Minister whether the Suez Canal Company has demanded the removal of the swing railway bridge across the canal; whether the company has submitted alternative proposals for maintaining the railway link between Egypt and Palestine; and, if so, will he state the nature of those proposals?
The temporary swing bridge over the Suez Canal was erected to meet an urgent military need with the consent of the Canal Company, who stipulated that the bridge should be removed after hostilities had ceased. The question of replacing the makeshift bridge by some permanent means of crossing was considered by the International Technical Commission of the Suez Canal last month, who unanimously decided that any bridge would be objectionable, and that railway communication across the Canal should be assured by means of a train ferry.
Then it is not proposed to substitute a bridge for this train ferry?
So I understand.
Central Control Board (Liquor Traffic)
asked the Prime Minister, in view of the recent changes which have taken place, who are the present Members of the Central Control Board (Liquor Traffic) and what are their qualifications?
My right hon. Friend has asked me to reply to this question. The present Members of the Central Control Board are: Mr. W. Waters Butler, The Rev. Henry Carter, Dr. H. H. Dale, F.R.S., Colonel J. M. Denny, C.B., the Hon. Hugh Godley, Lord Leverhulme, Mr. R. S. Meiklejohn, C.B., Mr. Sydney O. Nevile, Sir John Pedder, K.B.E., C.B., the right hon. Gentleman the Member for Derby and the hon. Member for Plaistow, and Sir William Towle. Of these members, two are representatives of the brewing industry, one is a distinguished leader of the temperance party, two are large employers of labour, two are Members of this House who are Members of the Labour party, one is a distinguished scientist,' one is a man of great experience in the catering business, and three are Civil Servants.
Will my hon. Friend say what control, if any, this House has over that Board?
The hon. and gallant Member must give notice of that question?
Who is Chairman?
I understand that when Lord D'Abernon resigned, Sir John Pedder was elected Chairman by the Board.
Is the hon. Gentleman aware "that certain members of that Board, owing to Government action in discrediting the Board by introducing another Bill interfering with their powers, have taken no part in the deliberations for a long time now?
May I ask for the name of the Minister in this House responsible for the Board?
That does not arise. The hon. and gallant Gentleman should give notice.
Is the Sir John Pedder mentioned the Permanent Under-Secretary at the Home Office?
Sir John Pedder is a distinguished official at the Home Office, but he is not the Permanent Under-Secretary.
He is a permanent official?
Oh, yes; so are the other two.
Royal Navy
Capital Ships
asked the Prime Minister if, before any Cabinet decision is taken regarding the building of new capital ships for the Navy, he will cause the matter to be considered and reported upon by a Committee, formed upon the precedent of the Committee of 1904, containing representatives of civilian shipbuilding firms and civilian men of science?
The Committee of 1904, which is referred to by my hon. Friend, was not one appointed by His Majesty's Government, but was a purely technical Committee appointed by the Board of Admiralty to review the details of the fighting ships, the types of which had already been decided by the Board of Admiralty. In the event of its being decided that capital ships remain the basis of sea power, it will be at the discretion of the Admiralty to summon any assistance they require as regards details of design.
Can the right hon. Gentleman say whether any time limit will be imposed upon the Committee as to when they must give their decision?
Is it not a fact that the Chancellor of the Exchequer gave us to understand that the Committee of Imperial Defence was to set up this Committee, and does the right hon. Gentleman not see a great difference between such a Committee and one set up by the present Board of Admiralty, which would probably be coloured by their ideas?
In answer to my hon. Friend (Sir F. Flannery) we can hardly set a time limit to the consideration of this question. It is a matter of considerable importance, and it is only when you come to investigate the matter that you realise what its proportions are. Obviously it is of the utmost importance to this country that the question should be thoroughly sifted. It is a question of the best methods for the defence of this country, and this should be based upon a thorough consideration of the lessons of the War. With regard to the question put by the hon. and gallant Gentleman the Member for Central Hull {Lieut.-Commander Kenworthy), he is right in what he said about the speech of the Chancellor of the Exchequer. It is proposed that the investigation should be undertaken not by a Committee of the Committee of Imperial Defence, but but by the Committee of Imperial Defence itself, and, as a matter of fact, we shall sit to-morrow to begin the investigation.
Can the Prime Minister assure us that by whomsoever and under whatever circumstances this matter is considered, it will not be decided without the opinion of independent civilians being fully heard and considered?
Will the right hon. Gentleman also give an assurance that the Committee of Imperial Defence will summon to its assistance all the expert advice which the present Board of Admiralty can furnish?
The Board of Admiralty will be represented on the Committee of Imperial Defence, and I have no doubt at all that they will bring all the expert advice they possibly can to enable us to come to a right conclusion? Certainly, before a decision is taken on that question, civilian advice will be taken as well as naval advice.
Unknown Warrior
asked the Prime Minister who will be responsible for the terms of the final inscription on the tomb of the unknown warrior?
The question of an appropriate inscription on the tomb of the unknown warrior is a matter entirely for the Dean of Westminster, who alone has jurisdiction in the matter.
Ireland
Sinn Fein Pamphlet
asked the Prime Minister whether his attention has been called to a Sinn Fein pamphlet, entitled, " The unanimous declaration of the Episcopate of Ireland," which purports to be signed or issued with the authority of Cardinal Logue, the Catholic Archbishops of Dublin, Cashel, and Tuam, and 25 Irish Roman Catholic Bishops; whether, without making any allusion to Sinn Fein murders and other crimes, the said pamphlet charges the British Government with having established a reign of terror in Ireland, of being responsible for the assassination of guiltless persons, and generally of having organised atrocities similar to the atrocities of the Turkish terror or the excesses of the Red Bolshevik armies in Russia, while at the same time the Press has been gagged and public meetings suppressed; whether he is aware that translations of this pamphlet are being largely circulated in Belgium, France, and other foreign countries, and in the Colonies; whether he has ascertained whether Cardinal Logue and the other Roman Catholic Archbishops and Bishops have admitted their responsibility for the statements contained in the pamphlet; and whether our representative at the Vatican has made representations on the matter to the Pope, and with what result?
In view of the fact that the statements alluded to were made as long ago as 20th October, and that it is the policy of the Government, while sternly repressing crime on the one hand, to encourage every movement towards peace and better feeling on the other, the Government do not propose to take any action in this matter.
Attacks on Police Patrols
Fires, Cork
( by Private Notice ) asked the Chief Secretary for Ireland for full particulars of the fires at Cork; what were the number of buildings and the value of the property destroyed, and the number of persons who have been killed or wounded; whether the Government have discovered the authors of this series of crimes; whether any of them have been arrested; and whether the Government will undertake that they are brought to trial and to adequate punishment?
( by Private Notice ) asked the Chief Secretary for Ireland whether he has any information regarding the ambushing of a lorry load of auxiliary police near Cork, and the subsequent destruction by fire of a large portion of the city?
I have not yet received a full, or even a written, report regarding these occurrences in Cork, but the facts as reported to me by telegraph are as follow:
About 8 o'clock on Saturday night last a party of auxiliary police, returning to Victoria Barracks from Cork City, were ambushed at Dillon Cross, which is about half a mile from the centre of the city. Bombs were thrown into the lorries, and 12 of the auxiliaries were wounded—five or six seriously. One of the latter has since died of his wounds.
About the same time different attacks were made upon other parties of auxiliaries in different parts of the city, but fortunately no casualties were sustained in these other attacks. At 9.30 p.m. the police in Cork City received a message stating that a fire had broken out in the large premises of Messrs. Alexander Grant & Co., in Patrick Street, and shortly afterwards other fires were notified as having occurred in the premises of Messrs. Cash & Co., and of the Munster Arcade. The fire brigade was immediately brought up, under military escort, and a police force, collected from all the barracks in the city, was despatched to the scene under the command of a district inspector. Strenuous efforts were made by the fire brigade to extinguish the flames, but, despite their efforts, the fires spread to a number of other buildings, including the City Hall, the Carnegie Library and 15 other large business premises.
The full extent of the destruction and damage caused by the fires has not yet been ascertained. The police and military gave all possible assistance in the work of checking the flames. A certain amount of looting took place, and between 2 and 3 a.m. the police made a baton charge on a crowd of about 100 people, who were engaged in looting, and several arrests were effected. It is not known by whom the fires were started, but I can assure the House that no efforts will be spared to trace the perpetrators of these outrages.
Hear, hear!
I protest most vigorously against the suggestion that there is any evidence that these fires were started by forces of the Crown. There is no evidence to that effect, and it is obvious to anyone that fires of this kind are the only argument which is now used against the Government's policy in Ireland.
Is the right hon. Baronet aware that, following the terrible ambushing of this lorry, three civilians called Delany are stated in "The Times" to-day to have been dragged from their houses and shot, and will he also state if there is any truth at all in the other report in other papers, including papers friendly to the Government, that the hoses of the fire brigade were cut and that the fire brigade were fired at while extinguishing the fires'?
There is not an atom of evidence that I know of to that effect. Every available policeman and soldier in Cork was turned out at once, and without their assistance the fire brigade could not have got through the crowds and done the work they were trying to do. There is no evidence of hoses being cut, and there is no evidence of forces of the Crown being responsible for these outrages at all.
Who did them, then?
There is evidence that they were started by incendiary bombs. There are no incendiary bombs in the possession of the forces of the Crown in Ireland. There are incendiary bombs in the possession of Sinn Feiners, and we are seizing them in numbers every week.
Can the right hon. Gentleman say whether these fires started simultaneously, and also how long was it after the murderous attack on the Forces of the Crown that the fires took place?
Are not the people of this country and the Members of this House entitled to an impartial inquiry into all these events?
Is it not high time that these motor lorries were adequately protected by armour plate?
I agree with the hon. Member (Mr. Newbould), and as rapidly as we can we are protecting them.
It takes a long time.
It is being done now. We are protecting the lorries and these gallant men who are risking their lives. The whole area is under martial law. Of course, the House is entitled to all information.
An impartial inquiry, please.
I think the best inquiry and the most impartial inquiry would be that made by the General Officer Commanding on the spot.
Will the right hon. Gentleman answer my question? Can he say whether the fires were simultaneous, and was it in any way possible in the time which had elapsed since the murderous attacks for the troops to have organised such fires?
Not the troops.
The "Black and Tans."
The attack on the lorry, according to the evidence before me, took place at eight o'clock in a place called Dillon's Cross, which is not in the centre of Cork.
It is within half a mile.
Yes, within half a mile. There were certain houses from which the police alleged that bombs were thrown at them at Dillon's Cross. These houses were destroyed, and the police have authority to destroy houses from which they are fired at. The fires broke out more or less simultaneously last night about half-past nine, near the centre of the City of Cork, and my submission is that the fires in the centre had nothing to do with the attacks on the Auxiliary division half a mile from the centre.
Can the right hon. Gentleman say how long it will be before we have the result of the inquiry which he is now setting up?
The General Officer Commanding in Cork City and the Munster area under the martial law proclamation is now in sole command. He has already issued very drastic orders dealing with looting and burning. He is one of the most distinguished officers we have in the British Army, and I have every confidence in him with respect to this inquiry, and as soon as it is available I shall do my best—
How long will it be?
It is impossible for me to say.
Is this the same officer who, on being fired at in recent outrages, succeeded in preventing reprisals on the part of the troops?
The officer is General Strickland. Quite recently he was fired at by several assassins. He drove at once to his headquarters and issued orders that there should be no reprisals on the part of the troops. He is in command of over 10,000 troops, and that is a tribute to the splendid discipline of the troops.
Is the right hon. Gentleman aware that nobody has suggested that these fires were started by the military, but that they were started by the forces of the Crown. How is it that with martial law in operation in the city, and with so many thousands of troops concentrated there and thousands of Black and Tans and thousands of the Royal Irish Constabulary he is unable to detect the malefactors in any of the fires that were started?
There are not " thousands " of troops in Cork city. There are not " thousands " of Auxiliary men, and there are not " thousands " of the Royal Irish Constabulary.
How many are there?
I cannot state off-hand. All I can say is that it is obviously to the interests of the Government to find the perpetrators of this outrage, and I have every confidence in the General Officer Commanding doing so.
Has the right hon. Gentleman any information about an attack on police barracks in the north of Ireland last night, and the rumours of the very serious fighting that took place, and can he say how many lives were lost?
I regret to say that there was an attack on a barracks in Ireland last night, a very severe attack, in which one policeman was murdered and two others wounded. I am also glad to say, for the honour of this force and of the survivors at that barrack, that they did not surrender nor did they lose any of their arms.
At the end of Questions—
I beg to ask leave to move the Adjournment of the House for the purpose of discussing a definite matter of urgent public importance, namely, " the reprisals by burning and shooting in the city of Cork, following on the ambushing of a party of auxiliary police, within twenty-four hours of the declaration of martial law and the failure of His Majesty's Government to protect life and property in the city of Cork."
Is it in order for a Member of this House, in view of the answer which has just been given by the responsible Minister in charge of Ireland, to found a Motion for the Adjournment on the allegation that there have been reprisals, when all the evidence is that there were no reprisals?
May I also ask, Mr. Speaker, whether your attention has been drawn to the fact that it is announced everywhere that property of the value of between £2,000,000 and £3,000,000 was destroyed, and that the Government was unable to protect that property?
The hon. and gallant Member for Central Hull asks leave to move the Adjournment of the House for the purpose of discussing a definite matter of urgent public importance, namely, " the burning and shooting in the city of Cork, following on the ambushing of a party of auxiliary police, within twenty-four hours of the declaration of martial law, and the failure of His Majesty's Government to protect life and property in the city of Cork." Has the hon. Member the leave of the House?
The pleasure of the House not having been signified, Mr. SPEAKER called on those Members who supported the Motion to rise in their places, and forty Members having accordingly risen, the Motion stood over under Standing Order No. 10, until a quarter past Eight this evening.
Naval and Military Pensions and Grants
Administration (Departmental Committee)
asked the Prime Minister whether, in view of the expectation that large economy can be effected by the introduction of better machinery for the administration of the Pensions Department, he can arrange for the proceedings of the investigating Committee to be accelerated and to be carried on even during the Parliamentary Recess?
I fully appreciate the desirability of an early Report. I hope to be able to arrange that the intervention of the Recess shall interfere as little as possible with the progress of the inquiry. I may inform my hon. Friend that during the 15 week-days since its first sitting, the Departmental Committee and its Sub-Committees have held no less than ten formal meetings, and have, in addition, made various visits of inspection. For the present week, three meetings of the Main Committee and five meetings of Sub-Committee have so far been arranged.
Can the hon. and gallant Gentleman say when we may expect the Report of this Committee?
Obviously I cannot say within the first ten days of our researches, but we are anxious not only to give it at the earliest possible date, and not to make any error by undue haste. We want to examine it, and go over the vast range of this question. Not only is economy important, but we should endeavour to make sure that the pensioners get their pension at the proper time.
Ex-Service Men
Unemployment
asked the Prime Minister whether, in view of the fact that there are 2,200 ex-service men out of employment in Nottingham and that the arterial road scheme will only give employment to 600 men, he will consider a more far-reaching scheme to give useful employment to ex-service men such as alone at this juncture would express the gratitude of the nation for the services which these men have rendered to the State?
It was recognised by the Government that schemes for the construction of arterial roads which I announced on the 19th October could not provide employment for all ex-service men and other men unemployed who would be suitable for such work. I am unable at the moment to say definitely how many men can ultimately be employed on this work in Nottingham, but I am glad to know that the arterial road in question, which started only about three weeks ago, is already employing 400 men.
My Noble Friend will remember that my announcement on the 19th October referred also to other schemes. Grants which have been made by the Ministry of Transport for road maintenance, repair, re-surfacing, etc., in districts in which unemployment is heaviest will also be the means, to a steadily increasing extent, of providing additional employment for ex-service men; moreover, my right hon. Friend the Minister of Health has taken active steps to expedite, to the utmost extent, road and sewer work in connection with approved housing schemes, arid these measures, I am informed, are already employing considerable numbers of additional men for whom work has become possible only as a result of this special anticipation of work.
In addition to this action on measures already announced, the Cabinet Committee on Unemployment is continuing to examine numerous other proposals which have been submitted to it for consideration. It is not possible for me yet to make any forecast of further measures which may be adopted, but I trust that a further announcement on the matter will shortly become possible.
Beeer (Gravity)
asked the Lord Privy Seal if he is aware that Irish brewers are allowed to brew and export into this country beer of an average gravity of 1,051 degrees, whereas English brewers are confined to a gravity of 1,044 degrees; and if he will now remove this unfair restriction and give the English brewer the same privilege?
I have been asked to reply. The average permitted gravity of beers brewed in Ireland is 1,051 degrees, and the average permitted gravity of beers brewed in Great Britain is 1,044 degrees. This differentiation is in accordance with the actual practice in the years prior to control. Brewers are not restricted to these gravities either in Ireland or in Great Britain so long as the average gravity of all beers brewed by them does not exceed the specified figures.
Is the hon. Gentleman aware that the Liquor Control Board by granting this monopoly has put a huge fortune into the brewers' pockets?
Is the hon. Gentleman aware that during the War and to-day the English brewers have never brewed up to the allowance made by the Liquor Control Board?
I believe that is substantially the case.
Transport
Roads (Maintenance)
asked the Minister of Transport whether he is aware of the condition of the main road leading from Dudley, viâ Tipton, to Wednesbury; and, if so, whether he will communicate with the local authorities with a view to rendering financial assistance consequent upon its repair, and thereby find remunerative work for the unemployed?
I am informed that a short length of the road referred to in my hon. Friend's question is in poor condition owing to mining subsidences and damage caused by heavy haulage traffic. This portion of the road is at present under repair. Proposals for the improvement of this portion of the road surface were submitted to the Ministry of Transport some time ago, and substantial financial assistance towards the cost of re-surfacing was promised. I would point out, however, that road work of this character does not afford an outlet for the employment of much unskilled labour.
asked the Minister of Transport whether his attention has been called to the condition, speaking generally, of the main roads in the West Riding of Yorkshire, more especially with regard to the main road from Leeds, viâ Settle and Kirkby Lonsdale, to Carlisle; and what steps he proposes to take in order to enforce their proper upkeep by the West Hiding County Council?
I am aware that the condition of the main roads in the West Riding of Yorkshire leaves a good deal to be desired, but important works on a large scale are in hand; it must, however, be some months before the arrears of work can be overtaken. I am not aware that the main road from Leeds to Carlisle viâ Settle and Kirkby Lonsdale is in a worse condition than are equally important roads in other parts of the West Riding, but the hon. and gallant Member may be assured that everything possible is being done to assist the county council both financially and technically. I am arranging to have all the main roads under the charge of the county council inspected, and a report furnished to me as to the steps taken for their improvement.
Will the right hon. Gentleman also give his attention to the roads in Leicestershire, which are in a similar condition?
Yes, Sir; all the roads in the country are being attended to.
Nottingham Railway Station
asked the Minister of Transport whether the future powers of the State in relation to railways as set forth in his outline of proposals, which says that the State should have the right to require adequate services and adequate facilities, will be sufficient to enable him to instruct the Midland Railway Company to restore to the travelling public the pre-War services and facilities at present denied to them by reason of the closed exit from the Nottingham station opposite Trent Street?
I am afraid I cannot venture to anticipate in detail the effect of provisions of particular sections in a Bill which is not yet presented to Parliament.
Christmas Excursion Tickets
asked the Minister of Transport if the arrangements which have been announced about excursion tickets at Christmas apply to bookings between stations in Ireland and stations in Great Britain?
The arrangements for excursion trains at Christmas do not include any bookings to or from stations in Ireland. As indicated in the reply given to the hon. and gallant Member for Waterford on the 8th inst., the conditions of transport in Ireland are seriously disorganised in consequence of the action of certain of the railway men; and the time is therefore inopportune for the provision of special facilities. I am inquiring as to the possibility of running excursions on the portion of the route in Great Britain.
Does my right hon. Friend realise that some hundreds of men in Belfast will suffer great disabilities by reason of that decision? Is it fair thus to discriminate between them and people employed in Great Britain?
I very much regret to inconvenience them, but the condition of the railways in Ireland is, as my hon. Friend knows, very difficult indeed. However, if any particular cases can be given I will consider whether I can meet the case of the people in that part of Ireland.
Fares (Pleasure Parties)
asked the Minister of Transport whether he has considered the appeal of the Manchester Conference of Ramblers of the 8th December, and the evidence submitted by them (reference F.R. 4086) as to the re- instatement of walking tour and pleasure party fares and of Saturday and Sunday excursion rates; and whether he will accede to such an appeal?
The letter referred to has been received. The question of fares lower than the ordinary has been the subject of a public inquiry by the Rates Advisory Committee, and their Report which has recently been received is now under consideration.
London Railways (Overcrowding)
asked the Minister of Transport whether his attention has been called to the great shortage of third-class accommodation on most of the suburban railway companies' trains in and out of London; whether he is aware that on these overcrowded trains, if passengers travel either standing in first-class carriages, or even in the corridors of such carriages, they are charged first-class fares or are summoned for the difference in fare; and whether, in the interest of the travelling public, he can take any action to compel the railway companies to provide sufficient third-class carriages on all trains and to stop the persecution of railway passengers whose only object is to proceed to or from the destinations for which they have taken tickets?
I have inquired into particular instances of overcrowding from time to time, and have generally found that the railway companies are doing all they can to provide additional trains and to attach additional carriages to existing services with the object of dealing with the heavy suburban traffic during the business " rush " hours. They provide third-class and first-class accommodation in the proportions which experience has shown to be necessary to meet average requirements, subject to suitable rolling-stock being available. I am not prepared to press the railways to allow passengers paying third-class fares to travel in accommodation for which other passengers pay first-class fares.
Will the right hon. Gentleman consider whether he can ask the railway companies to supply on suburban services, one class of carriage only, namely, third class?
I regret that I could not enforce that.
Is it not possible to request the railway companies to put an extra third-class coach on to each suburban train, to assist in relieving congestion?
If they have an extra coach, and if the engine can haul it—and there is a limit in regard to both those points—I have no doubt that they will put it on if the train is overcrowded.
Is the right hon. Gentleman aware that people are travelling 24 in a compartment on these suburban trains?
I think that my reply covers that, but the strengthening of trains is limited by the coach stock available and the power of the locomotives.
Will the right hon. Gentleman take a trip one night from Aldgate to Barking, and experience for himself the way in which poor people have to travel?
I did not hear what I was to do when I got to Barking, but if my hon. Friend will come with me I shall be very glad to go.
Mr. Martin intimated that he would join the right hon. Gentleman.
Holyhead Harbour
asked the Minister of Transport if he has carefully investigated the proposed deepening of the inner harbour at Holyhead; if he is aware that a Report by Messrs. Harrison and Hayter dealing with Holyhead harbour was presented to the Board of Trade in 1895; if the scheme suggested in it would cost much less than that now proposed; and will he see that the large sum involved, namely, £300,000, is not expended without the most careful consideration?
The proposals of the London and North-Western Railway Company were carefully examined before my provisional approval was given to the capital expenditure by the company, estimated at £258,500, which the execution of the proposed works in the inner harbour at Holyhead would involve. I presume that my hon. Friend has in mind the Report made to the Board of Trade by Messrs. Hawkshaw and Hayter in 1895, in which the construction of a solid pier on the east side of Salt Island at Holyhead in substitution for the existing mail jetty was suggested. The cost of this scheme, which did not include any proposals with regard to the inner harbour, was originally estimated at £200,000, but the estimate was subsequently increased to £350,000 under pre-War conditions, and the cost at present-day prices would be greatly in excess. The proposal is to spend company's capital on State property, and I have no doubt that the company is well able to look after its own interests.
Can the right hon. Gentleman say whether any of this money will be paid by the taxpayer by way of guarantee to the railway company?
I have already replied to that at the end of my answer. It is the company's money that is being expended on State property. The only possible way in which the taxpayer could come in would be if any of that money were spent with the approval of the Ministry before the 15th August, 1921. That is highly improbable, and even in that event it would only be 5 per cent. for that short period
Cement
asked the Minister of Transport whether his attention has been called to the state of unemployment in Bournemouth, the tramway and road reconstruction works being closed down owing to lack of cement due to its being sent abroad; and whether he will take immediate steps to see that an adequate amount of cement is retained in this country before supplying foreign countries?
Yes, my attention has been called to the state of unemployment in Bournemouth, but I was not aware that the tramway and road construction works were being closed down owing to shortage of cement. I am informed that the reconstruction works are in the hands of contractors, who, of course, are responsible for the supply ,of the necessary materials for their contract works. Although I have no control over the manufacture and sale of cement, I am informed that the percentage of the output exported now is considerably less than was the case in pre-War days. I am in communication with the Bournemouth Council, and will do everything possible to help that Authority to keep its road and tramway works going. The general policy is steadily to withdraw from Government interference in ordinary operation of trade, and I do not desire to intervene if it can possibly be avoided.
Can the right hon. Gentleman tell me what Minister is responsible for any rationing of cement? Is there any rationing of cement at the present moment?
I do not think there is any at the present time.
Can the right hon. Gentleman say whether there is any truth in the statement that large quantities of British-produced cement are being exported abroad?
I have already said, in my reply to the question, that the percentage is lower than it was. I think that perhaps if a question were put to the Board of Trade on that point, they would be able to give an answer.
Does not the right hon. Gentleman agree that it is intolerable that works are being brought to a standstill, at this time of grave unemployment, if that state of affairs does exist?
I have no information that would lead me to suppose that cement is entirely unobtainable. There is no control of cement, so far as I know, to-day. As I have said, I will do all I can to help in the matter, but it is very desirable that contractors should stand on their own feet.
Is it not a fact that the export of cement is causing a big shortage in this country?
Will the right hon. Gentleman explain how we are to reestablish our foreign trade if all our exports are prohibited?
Let your men starve in this country; that is the way to do it.
Is there any ground for the suggestion that the state of unemployment in Bournemouth is caused by lack of cement?
I believe there is a shortage of cement. I should be very glad to arrange for the carriage of cement, but I am not responsible for its export, and as to that I would suggest that a question be put to the President of the Board of Trade.
Mesopotamia (Oil)
asked the Under-Secretary of State for Foreign Affairs whether the recent American Note relating to oil in Mesopotamia incidentally expresses the views of the American Oil Trust; and whether the answer of His Majesty's Government will take due note of the necessity for fighting any world monopoly in the interests of the consumer in this country?
Not being in the confidence of any of the American oil companies, I am unable to express any opinion in regard to the first part of my hon. Friend's question. The answer of His Majesty's Government to the American Note is under consideration, and Papers on the subject will be laid before the House in due course.
Does neither my hon. Friend nor anyone in the Foreign Office know anything of the views of the greatest companies in the world?
I have not full knowledge of all companies in the world.
Is nothing known of these companies which absolutely dominate the oil markets of the world?
I said we were not in the confidence of the oil companies.
Nor am I.
Has the American Note been officially published? I think there has only been a resumé in the Press.
I do not think it has been officially published.
Canadian Cattle (Embargo)
asked the Parliamentary Secretary to the Ministry of Agriculture if he is aware that the embargo on Canadian cattle is creating hardship both on the Canadian farmers and English traders and consumers alike; and, seeing that we have facilities for feeding such on arrival, is he now prepared to remove the embargo and so assist in reducing the cost of living?
I would refer the hon. Member to the reply which I gave to the hon. Member for the Brentford Division: on the 8th inst., and to the reply referred to therein which I gave to the hon. Member for Montrose Burghs on the 25th October last. I have nothing further now to add to these replies.
Is the right hon. Gentleman aware that there is a great amount of feeling on this subject in the country and that many retail traders in; particular feel that an intense hardship is being forced on them, and will he take some cognisance of this and prosecute an inquiry?
Is it not a fact that food can be brought into the country just as much by bringing them in dead as bringing them alive?
There has been a great deal of feeling about this matter. It has been inquired into for the last 25 years, and we have not the slightest intention of modifying our policy. My right hon. Friend is perfectly right The consumer is just as well served by the importation of cattle for slaughter as by the importation of livestock.
Is the right hon. Gentleman aware that the importation of live cattle provides the raw material for no fewer than 30 industries in this-country and also provides for food in the way of offal for the working classes, and having regard to these two outstanding facts, cannot this embargo be removed?
This point can be entirely met by the importation of cattle for slaughter at the ports.
My point was, is the right hon. Gentleman aware that the importation of live cattle for slaughter actually provides the raw materials for 30 industries? He has not answered? that point at all.
Yes, I am quite aware of that, and there is no objection whatever to the importation of live cattle for slaughter. The point put to me was the importation of Canadian store cattle.
Munitions
Copper, Bainbow Depot
asked the Parliamentary Secretary to the Ministry of Munitions whether a cargo of 800 tons of copper recently arrived by sea and was taken to the Bainbow depot, near Leeds, for disposal; and, if so, where the cargo came from, and why it was not sold there instead of being carried to Leeds?
The last cargo of copper delivered to the Bainbow depot was one of 499 tons ex SS. " Port Melbourne," which arrived at Hull last September and was transferred to Bainbow as being the depot nearest to the port of arrival. The copper was part of the War Contracts made with Australia, and was brought to the United Kingdom as being the best market for disposal, there being little or no manufactures of copper in Australia.
Business of the House
Bills to Be Carried Over
asked the Prime Minister what measures he proposes to abandon at the close of the present Session; and whether he intends to ask the House to carry any over by Resolution?
I will have printed in the OFFICIAL REPORT a list of the Bills for which the Government will not be able to find time. The answer to the second part of the question is in the negative.
The fallowing is the list promised: —
Liquor Control (Temporary Provisions)Bill.
Public Health (Tuberculosis) Bill.
Teinds Bill.
Factories and Workshops (Bakehouses)Bill.
Electricity (Supply) Bill.
Education (Ireland) Bill.
Milk and Dairies Bill.
Irish Land Bill.
Trusts (Scotland) Bill.
Land Tenure (Scotland) Bill.
Conveyancing (Scotland) Amendment Bill.
Suspension of Eleven O'clock Rule
Motion made, and Question proposed,
" That the Proceedings on the Motions relating to Government of India Act, 1919 (Draft Rules), on the Expiring Laws (Continuance) Bill, and the Roads Bill, and the Proceedings of the Committee of Supply he exempted at this day's Sitting from the provisions of the Standing Order (Sittings of the House)."—[ Mr. Bonar Law. ]
I beg to, ask the Leader of the House——
May I remind the right hon. Gentleman that we do not allow questions after the Motion for the Adjournment has been moved?
It was about the business of the House as well—a question which I was invited to put by the Government.
The right hon. Gentleman should have risen before the Leader of the House moved the Adjournment Motion. If, however, there is any misunderstanding, I will ask the right hon. Gentleman to put his question.
4.0 P.M.
It was for the convenience of the House, Sir, otherwise I would not have risen at all. May I ask the Leader of the House whether he can give us any information as to when, in his opinion, the House is likely to prorogue, and, further, may I ask him, with regard to the Motion standing in his name on the Paper, whether he does not think, on consideration, that it is unjust to the House to ask us to take in Committee for the first time Supplementary Estimates undoubtedly well after 12 o'clock at night? It must be after 12 o'clock at night. Will he not consider whether that item cannot be excised, or, at any rate, considered at a more convenient hour, in view of the general desire of the House to discuss these Estimates?
With regard to the Committee of Supply, which appears last of the Orders that we are taking to-day, if there were serious objection at the hour indicated, I do not think that it would be proceeded with in any case, but I might point out that my right hon. Friend's vote just now made a difference of three hours.
Are we not entitled to have a Debate regarding Cork?
It was not his vote, but your reprisals.
I am not making any complaint. My right hon. Friend is quite entitled to prefer a discussion of that subject to a discussion of the business of the day, but it is a fact that has delayed by three hours the business on the Paper. With regard to the Prorogation, that depends upon the House much more than upon the Government. I said last week that there was still hope of our adjourning before Christmas if the House, as it generally does, tries to help the Government to get through the necessary business. I hope that will still happen, but, if it should not, then the only alternative will be to move the Adjournment of the House on the Thursday before Christmas and to meet, again on the following Tuesday to finish the necessary business.
Question put,
" That the Proceedings on the Motions relating to Government of India Act, 1919 (Draft Rules), on the Expiring Laws (Continuance) Bill, and the Roads Bill, and the Proceedings of the Committee of Supply be exempted at this day's Sitting from the provisions of the Standing Order (Sittings of the House)."
The House divided: Ayes, 191; Noes, 42.
Division No. 402.] AYES. [4.5 p.m. Adair, Rear-Admiral Thomas B. S. Eyres-Monsell, Commander B. M. Lowther, Lt.-Col. Claude (Lancaster) Ainsworth, Captain Charles Falle, Major Sir Bertram G. Lyle-Samuel, Alexander Ashley, Colonel Wilfrid W. Farquharson, Major A. C. Lynn, R. J. Astbury, Lieut.-Commander F. W. Flannery, Sir James Fortescue Macdonald, Rt. Hon. John Murray Atkey, A. R. Gange, E. Stanley McLaren, Robert (Lanark, Northern) Bagley, Captain E. Ashton Ganzonl, Captain Francis John C. McMicking, Major Gilbert Baird, Sir John Lawrence Geddes, Rt. Hon. Sir E. (Camb'dge) McNeill, Ronald (Kent, Canterbury) Baldwin, Rt. Hon. Stanley George, Rt. Hon. David Lloyd Macpherson, Rt. Hon. James I. Balfour, George (Hampstead) Gibbs, Colonel George Abraham Magnus, Sir Philip Banbury, Rt. Hon. Sir Frederick G. Gilmour, Lieut.-Colonel John Malone, Major P. B. (Tottenham, S.) Banner, Sir John S. Harmood- Glyn, Major Ralph Manville, Edward Barlow, Sir Montague Goff, Sir R. Park Martin, Captain A. E. Barnett, Major R. W. Grant, James A. Mildmay, Colonel Rt. Hon. F. B. Barrand, A. R. Green, Joseph F. (Leicester, W.) Moles, Thomas Beckett, Hon. Gervase Greene, Lt.-Col. Sir R. (Hack'y, N.) Molson, Major John Elsdale Bellairs, Commander Carlyon W. Greenwood, Colonel Sir Hamar Mond, Rt. Hon. Sir Alfred M. Bentinck, Lord Henry Cavendish Greig, Colonel James William Moore-Brabazon, Lieut.-Col. J. T. C. Bethell, Sir John Henry Guinness, Lieut.-Col. Hon. W. E. Morris, Richard Betterton, Henry B. Hacking, Captain Douglas H. Mosley, Oswald Birchall, Major J. Dearman Hall, Rr-Adml Sir W. (Liv'p'I.W.D'by) Munro, Rt. Hon. Robert Bird, Sir A. (Wolverhampton, West) Hambro, Captain Angus Valdemar Murchison, C. K. Blake, Sir Francis Douglas Hamilton, Major C. G. C. Murray, Lieut.-Colonel A. (Aberdeen) Boscawen, Rt. Hon. Sir A. Griffith- Harmsworth, C. B. (Bedford, Luton) Murray, C. D. (Edinburgh) Bowyer, Captain G. E. W. Harris, Sir Henry Percy Murray, Major William (Dumfries) Boyd-Carpenter, Major A. Hennessy, Major J. R. G. Neal, Arthur Breese, Major Charles E. Henry, Denis S. (Londonderry, S.) Nicholl, Commander Sir Edward Bridgeman, William Clive Herbert, Colonel Hon. A. (Yeovil) Nicholson, Reginald (Doncaster) Briggs, Harold Hilder, Lieut.-Colonel Frank Norman, Major Rt. Hon. Sir Henry Brittain, Sir Harry Hinds, John Norris, Colonel Sir Henry G. Buchanan, Lieut.-Colonel A. L. H. Hoare, Lieut.-Colonel Sir S. J. G. O'Neill, Major Hon. Robert W. H. Buckley, Lieut.-Colonel A. Hope, James F. (Sheffield, Central) Ormsby-Gore, Captain Hon. W. Burn, Col. C. R. (Devon, Torquay) Hopkins, John W. W. Pearce, Sir William Burn, T. H. (Belfast, St. Anne's) Home, Sir R. S. (Glasgow, Hillhead) Pease, Rt. Hon. Herbert Pike Butcher, Sir John George Hunter, General Sir A. (Lancaster) Peel, Col. Hon. S. (Uxbridge, Mddx.) Carr, W. Theodore Hunter-Weston, Lieut.-Gen. Sir A. G. Philipps, Gen. Sir I. (Southampton) Carson, Rt. Hon. Sir Edward H. Hurd, Percy A. Philipps, Sir Owen C. (Chester, City) Cautley, Henry S. Hurst, Lieut.-Colonel Gerald B. Pickering, Lieut.-Colonel Emil W. Churchill, Rt. Hon. Winston S. Inskip, Thomas Walker H. Pollock, Sir Ernest M. Cockerill, Brigadier-General G. K. James, Lieut.-Colonel Hon. Cuthbert Pownall, Lieut.-Colonel Assheton Collins, Sir G. P. (Greenock) Jellett, William Morgan Pulley, Charles Thornton Colvin, Brig.-General Richard Beale Jesson, C. Purchase, H. G. Cowan, D. M. (Scottish Universities) Jodrell, Neville Paul Raeburn, Sir William H. Craig, Capt. C. C. (Antrim, South) Kellaway, Rt. Hon. Fredk. George Raw, Lieutenant-Colonel N. Craig, Colonel Sir J. (Down, Mid) King, Captain Henry Douglas Rees, Sir J. D. (Nottingham, East) Craik, Rt. Hon. Sir Henry Lane-Fox, G. R. Remnant, Sir James Croft, Lieut.-Colonel Henry Page Law, Rt. Hon. A. B. (Glasgow, C.) Roberts, Sir S. (Sheffield, Ecclesall) Curzon, Commander Viscount Lewis, Rt. Hon. J. H. (Univ., Wales) Robinson, Sir T. (Lanes, Stretford) Davidson.J. C. C. (Hemel Hempstead) Lindsay, William Arthur Roundell, Colonel R. F. Davison, Sir W. H. (Kensington, S.) Lloyd, George Butler Sassoon, Sir Philip Albert Gustave D. Donald, Thompson Lloyd-Greame, Major Sir P. Scott, A. M. (Glasgow, Bridgeton) Doyle, N. Grattan Locker-Lampson, Com. O. (H'tingd'n) Seely, Major-General Rt. Hon. John Edwards, Hugh (Glam., Neath) Lorden, John William Shaw, Hon. Alex. (Kilmarnock) Elliot, Capt. Walter E. (Lanark) Lowe. Sir Francis William Shaw, William T. (Forfar) Shortt, Rt. Hon. E. (N'castle-on-T.) Thomson, Sir W. Mitchell- (Maryhill) Wilson-Fox, Henry Stanley, Major Hon. G. (Preston) Townshend, Sir Charles Vere Ferrers Wood, Sir H. K. (Woolwich, West) Stevens, Marshall Tryon, Major George Clement Woolcock, William James U. Stewart, Gershom Waddington, R. Worthington-Evans, Rt. Hon. Sir L. Sugden, W. H. Walters, Rt. Hon. Sir John Tudor Yate, Colonel Charles Edward Sutherland, Sir William Ward, Col. J. (Stoke-upon-Trent) Yeo, Sir Alfred William Sykes, Colonel Sir A. J. (Knutsford) Ward, Col. L. (Kingston-upon-Hull) Young, Lieut.-Com. E. H. (Norwich) Taylor, J. Ward, William Dudley (Southampton) Young, W. (Perth & Kinross, Perth) Terrell, George (Wilts, Chippenham) Wason, John Cathcart Terrell, Captain R, (Oxford, Henley) Williams, Lt.-Com. C. (Tavistock) TELLERS FOR THE AYES.— Thomas-Stanford, Charles Wilson, Capt. A. S. (Holderness) Lord E. Talbot and Captain Guest. Thomson, F. C. (Aberdeen, South) Wilson, Colonel Leslie O. (Reading)
NOES. Adamson, Rt. Hon. William Hodge, Rt. Hon. John Short, Alfred (Wednesbury) Asquith, Rt. Hon. Herbert Henry Holmes, J. Stanley Spencer, George A. Barnes, Major H. (Newcastle, E.) Kenworthy, Lieut.-Commander J. M. Thomas, Rt. Hon. James H. (Derby) Bowerman, Rt. Hon. Charles W. Maclean, Rt. Hn. Sir D.(Midlothian) Thorne, G. R. (Wolverhampton, E.) Bramsdon. Sir Thomas MacVeagh, Jeremiah Thorne, W. (West Ham, Plaistow) Briant, Frank Murray, Dr. D. (Inverness & Ross) Waterson, A. E. Clynes, Rt. Hon. John R. Newbould, Alfred Ernest White, Charles F. (Derby, Western) Edwards, G. (Norfolk, South) O'Connor, Thomas P. Wignall, James Entwistle, Major C. F. O'Grady, Captain James Williams, Col. P. (Middlesbrough, E.) Glanville, Harold James Raffan, Peter Wilson Wilson, W. Tyson (Westhoughton) Graham, W. (Edinburgh, Central) Redmond, Captain William Archer Wintringham, Thomas Grundy, T. W. Rendall, Athelstan Wood, Major M. M. (Aberdeen, C.) Hayward, Major Evan Roberts, Frederick O. (W. Bromwich) Henderson, Rt. Hon. A. (Widnes) Robinson, S. (Brecon and Radnor) TELLERS FOR THE NOES.— Hirst, G. H. Shaw, Thomas (Preston) Mr. Hogge and Mr. Neil Maclean.
Message from the Lords
That they have agreed to,—
Isle of Man (Customs) Bill, without Amendment.
That they have passed a Bill, intituled, " An Act to provide for the inclusion in Orders made under the Summary Jurisdiction (Married Women) Act, 1895, of a provision for the maintenance of the children of the marriage under sixteen." [Married Women (Maintenance) Bill [ Lords. ]
MARRIED WOMEN (MAINTENANCE) BILL [Lords]
Read the First time; to be read a Second time To-morrow, and to be printed. [Bill 260.]
Orders of the Day
Defence of the Realm (Acquisition of Land) [Compensation]
Resolution reported,
" That it is expedient to make provision for the payment, out of moneys provided by Parliament, of any compensation payable under any Act of the present Session to amend The Defence of the Realm (Acquisition of Land) Act, 1916, and to continue certain bye-laws in respect of the disposal of land freed from restrictive covenants."
Resolution read a Second time.
I beg to move, at the end of the Question, to add the words " Provided that the amount to be so expended shall not exceed thirty thousand pounds."
I moved an Amendment in Committee limiting the expenditure to £30,000, and there was an agreement between my right hon. and learned Friend the Solicitor-General and myself that the amount involved could not be very large and that the sum of £50,000 was the limit to which the expenditure was at all likely to run. I move my Amendment now in the hope of getting a further reduction of the limit of £50,000 suggested, and I hope in the changed atmosphere which now prevails with regard to governmental expenditure that my right hon. and learned Friend will see his way to meet me. I do not fix myself to £30,000. It is important to get a limit inserted in the Resolution. The plea was quite fairly met by the Minister in charge of the matter when it was discussed on Thursday evening, but, owing to the fact that it was rather late and a Division was taken, the offer which was made went no further. I suggest to my right hon. Friend that he should agree to some reduction of that £50,000, which was the outside limit mentioned in the White Paper. It is useful to follow the precedent which has been so often established of fixing a sum in these Resolutions. Secondly, I would ask him to reduce the amount, say, to £40,000 or £30,000. I agree that it is not possible with anything like accuracy to say what the figure should be. We cannot tell what claims are going to be made, or, if any are made, how much will be involved. Experience has shown that under Section 4 of the main Act the amounts which are sought are not large, and the amounts which are obtained are smaller still. I would therefore ask for a limit, and I think that the amount might be £30,000.
Reference has been made to the Debate on last Thursday night, and my right hon. Friend will recollect that I was a great deal more impressed than he was by his own observations. An offer was made at that time which was not accepted. In those circumstances I am afraid that that offer has lapsed. If ever there was a Financial Resolution to which a limit was unnecessary it is this, because only in terms and technically, is it a Financial Resolution, since it does not involve any expenditure out of public funds. Compensation has to be made under the limited terms of Section 1, Sub-section (2), of the Defence of the Realm (Acquisition of Land) Bill. Under Section 4 of the Act of 1918 power was taken to occupy land for a certain purpose in spite of there being a restrictive covenant upon it against the use of the land for that particular purpose, and where the land was so taken compensation was granted to the owner of that restrictive covenant. Now the intention is to enable the State to reap the full value of the premises erected upon such land, and to enable the State to sell the houses or factories which it has erected on that land free from the restrictive covenant. In respect of the further user of the land free from the restrictive covenant, some possible claim for compensation may be made; but it will be only in cases where the State is going to be paid for the land which is to be transferred free from the restrictive covenant. In all those cases the sale price will be reserved to the State. In an ordinary business what would happen would be that the sale price would be entered, and against that there would be a cross entry in respect of the amount of ' compensation, and that amount would be deducted from the sale price. So, although a Financial Resolution, technically, is necessary, there is involved only the value of the deduction from the amount obtained by the sale, and it will not impose any charge at all. I hope that the sum will be very small, but if it be large it will only be because a larger value is obtained for the land.
I am sorry that my right hon. Friend has moved his Amendment in the form of a lesser sum than that which is mentioned in the Whit-Paper I think we ought to limit the amount to a given sum I myself would suggest £50,000, or even possibly £75,000, but I think there should be a limit. That is specially necessary because this Reso-lution is not limited to this particular Act. It is limited to any Act which the Government may pass this Session to amend the Defence of the Realm (Acquisition of Land) Act, and if we come back after Christmas they might bring in another Bill involving expenditure, and they would not have to have another Financial Resolution. If my right hon. Friend would amend his Amendment by inserting £50,000 instead of £30,000, I would have much pleasure in voting for it. This money is only going to be paid to people who are entitled to it. I think that £50,000 is the lowest that ought to be given, but if it is not enough it is easy to come to the House and ask for a larger sum. I think that I am the first Member who ever succeeded in getting a limit introduced in a Financial Resolution. I was told it was quite unnecessary, and that it had never been done before. I stuck to it, and eventually got a limiting Amendment passed. A good many limiting Amendments have been passed since then. I hold it a very good thing to put in some check so that the Government should not have power to spend the taxpayers' money in an unlimited manner.
If it is the pleasure of the House I am willing to amend my Amendment by inserting £50,000 instead of £30,000.
The right hon. Gentle man is not entitled to move an Amendment to his own Amendment.
May I move it?
No, the right hon. Gentleman has concluded his speech.
I beg to move, as an Amendment to the proposed Amendment, to leave out the word " thirty," and to insert instead thereof the word " fifty. '
If my right hon. Friend says £50,000, I am willing to renew the offer which was made on Thursday and accept the Amendment.
Amendment to proposed Amendment agreed to.
Proposed words, as amended, there inserted in the Resolution.
Resolution, as amended, agreed to.
Registrar-General (Scotland) Bill
Not amended (in the Standing Committee) considered.
Motion made, and Question proposed, " That the Bill be now read the Third time."
May I ask whether the passing of this Bill will involve any hope of a rearrangement of the Seisin Office? I hope that the matter will soon be settled. We do not often get a chance of attacking my right hon. Friend (Mr. Munro) on the subject.
This matter was raised on the Second Reading, and the reply we got was that the Scottish Office had again sent the matter to the Treasury, and were awaiting a reply. While my hon. Friend and myself are quite willing to facilitate the appointment of a Registrar-General at the salary proposed, we do not like to do so without the outstanding grievance of the staff being brought before his attention so that it may be settled, and we trust, if we agree to this appointment, one of the first matters to be attended to will be the settlement of this outstanding affair. I would also like to ask what has been done with the salaries of the local registrars? The Office previously was a combined Office. The Registrar-General is now to be a separate official, and presumably will supervise and be responsible for the work of local registrars in different parts of Scotland. I daresay a great many of my colleagues have had representations from the Association of Registrars with regard to their emoluments and position.
I do not complain of my hon. Friends raising these two questions upon the Third Reading of the Bill. Neither one or the other has anything to do with the Bill itself, but naturally they take the opportunity offered by the Third Reading of this Bill to obtain an assurance with regard to matters which at least are cognate to the Bill itself. With regard to the first question, I cannot add anything to what my hon. and learned Friend the Solicitor-General said on the Second Reading. It is quite true that this matter has taken a considerable time to adjust. It is also true that it is an exceedingly difficult matter, but I think I can assure my hon. Friends that progress has been made. The present stage, as I understand it, is that a definite scheme has been produced by the Keeper of the Register House, and that that scheme has been submitted for approval to the Treasury. I shall do everything in my power to expedite the approval of the scheme, and more than that I do not think I can say. There will be no avoidable delay. I have personally taken an interest in this question from the outset, and have endeavoured to meet my hon. Friends' wishes as far as possible. With regard to the local registrars, I answered a question in the House quite recently. I was asked if I would circularise the local authorities and request them to increase the salaries of these officials. Speaking from recollection, I am not quite sure whether the circular has gone out, but I believe it has been sent out as a reminder to local authorities, and they have been asked to reconsider the position of these officials in the light of the increased cost of living and the fact that their emoluments have not been raised for many years. I have great sympathy with both classes of officials, and anything I can do to ameliorate their lot will be done very gladly.
Question put, and agreed to.
Bill read the Third time, and passed.
Housing (Scotland) Bill
As amended (in the Standing Committee), considered.
had given notice of the following:—
NEW CLAUSE—(Cost of adapting houses to be a charge on housing account.)
For the purpose of carrying out the provisions of this Act any work which is done with* the approval of the Board of Health for Scotland for the purpose of adapting any house for habitable occupation shall be a charge upon the housing account as if it were part of a scheme made and approved under Section 1 of the Housing (Scotland) Act, 1919.—[Mr. W. Graham.]
The first Clause of this Bill provides for the compulsory hiring of houses in Scotland, and beyond that there is a provision for their reasonable reconstruction in order to put them into a habitable condition. On that point I have received representations as to the finance of the scheme, and the question is asked whether it is to form part of the ordinary financial system under the Housing Act of recent times, or whether this will be a burden falling particularly upon the local authorities? I think that the burden should fall in the way in which the present burden falls under the recent Housing Act, and if we can have an assurance to that effect in regard to this matter, either the new Clause will be unnecessary or we should not require to press it unduly.
Would not acceptance of the Clause involve a charge upon the Exchequer? Who is going to pay the extra cost which will be involved in adapting these houses?
My point is that the charge must fall somewhere, and that a Clause of this kind is necessary in order to clear up a matter which so far has not been made very plain, in Standing Committee or elsewhere, during the discussion of the Bill. I anticipate that the Secretary for Scotland will be able to give us some explanation.
On that point of Order, I do not in the least want to burke discussion, but I suggest that the effect of the new Clause would be to place a further charge upon the Exchequer. The object of the Clause is to secure that any expenditure incurred in adapting houses should be chargeable against the Housing scheme under the principal Act of 1919. Those houses rank, of course, for State subsidy. The State has to meet all the loss in excess of the sum of four-fifths of a penny, which is to be met by the local authority. In this Bill we are dealing only with hired houses. What the hon. Member desires is that the cost of adapting houses should also fall upon the Imperial Exchequer. Under the Bill it would fall upon the local authorities. Accordingly, I submit that the new Clause as drawn is out of order.
With great respect, may I ask a ruling as to whether this proposal was not covered by the Financial Resolution relating to this Bill, and how it is possible to operate this Clause of the Bill without a definite explanation?
Even assuming that it is within the Financial Resolution, we could not deal with it on Report. It ought to have been dealt with in Committee.
CLAUSE 1.—{Power to hire dwelling- houses compulsorily for housing of the working classes. 53 & 54 Vict., c. 70.)
(1) For the purpose of providing houses, any authority being a local authority within the meaning of Part III. of the Housing of the Working Classes Act, 1890, shall have power to hire compulsorily any house which is suitable with out reconstruction, and has not been in the bond fide occupation of any occupier at any time during a period of at least three months immediately preceding the date on which the local authority give notice of their intention to exercise their powers under this Section:
Provided that—
(c) the words " without reconstruction " shall not prevent the sub-division of any hired house and its adaptation for occupation by one or more families.
(2) The provisions set out in the First Schedule to this Act shall have effect with respect to the compulsory hiring of houses under this Section.
I beg to move, in Sub-section (1), to leave out paragraph (c) and to insert instead thereof a new paragraph—
" (c) Nothing herein contained shall prevent a local authority hiring compulsorily a house which may be adapted for occupation by more than one family at a reasonable cost having regard to the period of hiring."
My hon. Friend (Mr. W. Graham) proposed, in Standing Committee, an Amendment which I accepted, and it is embodied in the first Clause of the Bill as paragraph (c). I accepted that Amendment on the understanding that I should have the right between then and the Report stage to reconsider the wording and to alter it if necessary. My object in moving this Amendment in place of paragraph (e) already in the Bill is that it takes account of the cost of adaptation, which is a very vital question. I submit that my form of words is better than that in the Bill and at the same time it gives entire effect to the spirit of paragraph (c) and the object which that paragraph has in view.
I have no intention of opposing in any way the form of words which the right hon. Gentleman has moved in preference to the Amendment I introduced into the Bill, but I am bound to take this opportunity of directing attention to the position which has now arisen under the Clause. I think I am correct in saying that the local authorities, whether they were right or wrong, understood that the whole of this charge would not fall upon them, but at the most only a portion of it. It is now perfectly clear that, although it is definitely specified that the charge must be reasonable, the whole of it will fall upon the local authorities. With that in view I am bound to say that I think the Bill will be weaker than it now is. I do not wish to push the objection beyond that point or beyond making a strong protest that local authorities should be singled out in this manner. I think the Secretary for Scotland has departed from a principle in what may be a very important matter in providing house accommodation.
If I had thought that the Clause as it stood got any money out of the general fund, I should have been inclined to oppose this change, but I understand that that is not so and that in either case the local rates will be responsible. If that be the case, I certainly prefer the right hon. Gentleman's Amendment to the Bill as it stands. As rates are now, I am sure this House does not want to place on local authorities any burden that can possibly be avoided.
I confess that what the Secretary for Scotland has said rather puts me in a quandary. One of the difficulties in getting a Bill of this sort is the small amount of time at one's disposal in considering it. My right hon. Friend would not complain that he got his Second Reading with difficulty. As a fact, he got the Second Reading quite willingly from us downstairs, but upstairs in Standing Committee, owing to the exigencies of Friday's Parliamentary business and the fact that the Prime Minister made a statement on Ireland, the Standing Committee disposed of this Bill and another Bill inside five minutes. [HON. MEMBERS: " No, no; two days ! "] Then I am misinformed. Should we not, in connection with this Clause, bear in mind the extra words which are to be added, after this Amendment, to complete the Clause? Those extra words, which are to be moved later by the Secretary for Scotland, define bonâ-fide occupation of these houses. My right hon. Friend says that one week's occupation will be regarded as bonâ-fide occupation. I take it that this Bill was brought in in order to provide more quickly than by the ordinary methods of building new houses, accommodation for the people who want homes. If you can get the right type of house in any of our large towns in Scotland, I think the average Scottish Member would agree that the adaptation of such houses would very much more quickly provide accommodation than the building of new houses. If that be so, what is the likelihood of the local authority doing it as against the Government if the charge is to fall upon the local authority, bearing in mind that rates are increasing all over Scotland, particularly in our rural districts, on account of the extra cost of education? It is almost certain that every local authority will funk that duty and will not seek to take these houses and adapt them for the use of families. I would ask my right hon. Friend how we now stand with regard to securing fresh accommodation. I do not want to hold up the Bill, but I am seriously alarmed if it is true that the whole cost will fall on the local authorities and that any of these houses cannot be taken under the provisions of this Act so long as a single family has been inside that house for one single week in any three months. I honestly believe you will not get a single local authority in Scotland adding to the housing accommodation under this particular Clause
The Amendment we are now considering must be dissociated entirely from the one which follows. As the Bill stood, one was somewhat tightly tied in respect that it might be said that the words "without reconstruction " barred even expenditure upon minor alterations. That certainly was the view of the hon. Member for Central Edinburgh (Mr. W. Graham) when he brought the matter before the Committee. The Secretary for Scotland said he would do his best to deal with the point, and we are now upon that Amendment and that Amendment only. The one which follows deals with a totally alien subject, and that is an attempt to aid the housing scheme by, in certain respects, admittedly widening the content of the Bill. We are asked how does the matter stand at present. It stands thus. Prior to 1919 the financing powers of local authorities under the Housing Acts provided for the local authorities meeting the expenses of housing schemes out of the rates. So matters stood until 1919, when for the first time there was introduced a State guarantee, if you like, against loss, with reference, however, to one matter only, namely, an approved scheme. If the scheme was approved, a portion of the cost could be met by the State. Apart from such schemes, things remained, as before, a charge upon the ratepayers. My hon. Friend has said it might stimulate the object which this House has in view, namely, additional housing, if, although the Clause would be out of order, you were to be able to charge the compulsory schemes against the Government. That may be true, but the point at present is this, that where this is done, it is anticipated that so far as cost goes, if you spend money in that way, you expect to get it reflected in the rates, and that cannot be anything but advantageous, and it would by this Clause be up to a local authority to have regard to reasonable cost before they exercised the powers contained in the Clause. Apart from an approved scheme under the 1919 Act, this is the ordinary exercise by a local authority of its housing powers.
Amendment agreed to.
I beg to move, at the end of Sub-section (1, c ), to insert a new Sub-section—
" (2) For the purposes of this section a house shall be deemed not to have been in bonâ-fide occupation at any time during the period of three months as aforesaid, if such house has not been continuously inhabited as a dwelling-house for at least one week in the said period of three months."
This is the first of a series of Amendments designed to give effect to what I think was the unanimous desire of the Committee upstairs. The Bill as drawn did not include furnished houses, but it was put with great force from various parts of the Committee that there were many houses, for instance, on the Ayrshire coast, which are let for, say, two months in the year and which stand empty for 10 months, in towns where the demand for housing accommodation is considerable, and houses, which in many cases are the property of multiple owners or persons who not only have one house but a number of houses, and it was represented to me with considerable force that it was desirable that these houses should come within the ambit of this Bill. I thought that if that were done, two precautions at least should be taken. First, that the owner of the house should have an opportunity of being heard, and secondly, that the local authorities should consider the relative hardship to the owner of taking over the house, on the one hand, and, on the other hand, the need of providing accommodation for those who require it. The first step is taken by this Amendment, because apart from this Amendment the Bill would not cover a furnished house, and the design of this Amendment is to make it clear that, while the house may be furnished and while the occupier may be paying rates upon it, he must for a certain time, which I suggest should be one week, during the period of three months be in actual occupation of the house, if it is to be exempt from the operation of this Clause.
Again I want to be relieved from a dilemma. I suggest that if you read the new Sub-section which my right hon. Friend suggests, it does not refer specifically to a furnished house. It begins: "For the purposes of this Section." I submit that " this Section" means Sub-section (1) of Clause 1, and that it cannot mean paragraphs (a), (b), and (c). There is no reference in that Sub-section at all to furnished houses. I am quite in favour of making use of houses which are reserved by summer visitors for their own comfort at certain seaside resorts, if it is absolutely necessary that they should be taken, and I am not complaining at all about that, but what I would like to be quite clear about is the other type of house. If you put in the specific term " furnished house," there is no difficulty, otherwise you leave untouched the type of house which might belong to someone who did not want it to be disposed of to the local authority for the purpose of providing housing accommodation, although it was unoccupied, an unfurnished house, say, in Edinburgh, Glasgow, or Aberdeen, and all that the owner would require to do would be to occupy it continuously for one week in three months and that would prevent the local authority taking that house and reconstructing or adapting it for the purposes of the Act. The whole difficulty, as I say, could be got over by putting in the word " furnished."
My hon. Friend will observe that the words of my Amendment refer to a house which is continuously occupied as a dwelling-house for at least one week in three months. Surely it is not to be supposed that such a house would be an unfurnished house. But apart from that, if my hon. Friend will look at the Amendments which I am going to move in the First Schedule, he will see that they are three in number, all of them referring to the case of the furnished house. When you take the terms of this Clause and when you also find that reference is made in the First Schedule specifically to furnished houses, I think it is abundantly clear that my hon. Friend is wrong in his interpretation. He is also wrong in thinking the Amendment refers to Sub-section (1); it refers to the whole of Clause 1.
I think the Clause is perfectly clear, and I wish to thank my right hon. Friend for having dealt with the question which was brought before him so ably by my hon. and gallant Friend the Member for Bute and North Ayrshire (Lieut.-General Sir A. Hunter-Weston). This Amendment does not go quite so far, but it certainly goes a good long way, and I think there can no be doubt that it will cover the houses we really want to obtain.
5.0 P.M.
I think the House should reflect on what it is doing in this Clause. It is taking very wide and drastic powers, more than 5.0 P.M. the Minister of Health has taken in the English Bill. One objection which leaps to one's mind is the case of a seaside house which is hired by a local authority to a family. I put it to the consideration of the House, and particularly to the consideration of the Scottish Members, what will happen. In the summer there is tremendous congestion on account of the artizan families of Glasgow and other towns coming down to the coast, because in Scotland the summer house at the seaside is not confined to the upper classes. It is a general institution among all classes of society. A very probable result will be that the tenant will sub-let the house. I suggest to the Secretary for Scotland that he might possibly add at the end of his Amendment words which would safeguard against any such contingency. Unless we make some such provision it is extremely probable that all that will happen will be that the house will be handed over by the local authority, the tenant will let it again, and he will take the profit instead of the profit going to the person who most reasonably might expect to have it. Obviously there is a danger of grave hardship being done to a very worthy class of person. There is another question involved. The people who inhabit the swarming suburbs of Glasgow could not live if they did not get away in the summer to some house at the seaside. If we are going to close up this last safety valve of the swarming millions about Govan and Dalmarnock, and confine them to Glasgow all the year round, because there is no place for them at the seaside, we are going to interfere very materially with the public health of large congested areas of population.
May I point out that the objection of my hon. Friend opposite has been fully met in the Bill 1 It is specifically provided for in the Schedule, and the local authorities have power to deal with the matter.
I completely agree with the arguments of my hon. and gallant Friend the Member for Lanark (Captain Elliot). I think he raises very serious objections indeed, but I am surprised he should think it worth while to urge such arguments here. The House has made up its mind that the last thing that should be attended to is property, and that an extra amount of guilt attaches to the man who has purchased a house, and necessarily he should be treated as having done wrong and should have a penalty imposed upon him. Local authorities will not venture to put in any safeguards or any restrictions upon the person who gets possession of such a house, not being the owner of the house at all. He is the man who is to be preferred in front of the owner. My hon. and gallant Friend the Member for Lanark seems to show almost an innocent trust in the tender mercies of the right hon. Gentleman the Secretary for Scotland. The right hon. Gentleman has gone considerably further than his right hon. Friend the Minister of Health in the Clause which he now proposes. A man must occupy the house for at least a week in every three months. These men do not live in the lap of luxury. Very often they get a little relief by having a small house on the Ayrshire coast. It may be that the man's only time is a short week-end. If an epidemic springs up during that particular time, and he cannot get away for his usual week-end. he does not occupy his house, and when the epidemic is over and he more than ever wants to take his short respite, he comes down and finds that the property which he acquired in an absurd moment of trust in the rectitude and honesty of the administration of the law has been let and is occupied. Of course I object to this Clause. I think the right hon. Gentleman has made it very much worse. I completely agree, with the remarks of my hon. and gallant Friend the Member for Lanark as to the severe interference with what may be, in spite of his being a proprietor or an owner, a very deserving man, in favour of a man whose only merit is that he does not own the house, but I am afraid my hon. and gallant Friend urges his argument to no purpose upon the Secretary for Scotland. I tried it on the Second Beading and in Committee, but apparently the right hon. Gentleman has made up his mind that he must carry this Bill to its full drastic extent.
My right hon. Friend who has just sat down sadly realises that the Atlantic waves are too much for his mop. We have got too far in this Bill to pay too much attention to the prehistoric principles of my right hon. Friend. I do not quite agree with my hon. and gallant Friend opposite, the Member for Lanark. The object of this Bill is not so much to provide an airing for people in Glasgow as to provide housing accommodation for those who have no housing accommodation at all, either at these seaside resorts or anywhere else.
If I may interrupt, my point was that the house should not be sub-let. It should be a bona-fide house, and not a profit-making institution, as it might easily become.
I quite agree with my hon. Friend the Member for Ayr Burghs that the local authorities are really the best judges of these matters, and we must assume that at any rate in Scotland local authorities have some common sense, and they will look into these matters for themselves when disposing of the house. Therefore I think the fears of my hon. and gallant Friend are not justified. I do not agree with my hon. Friend the Member for East Edinburgh in his interpretation, because I think the Schedule specifically refers to furnished houses as well as unfurnished. I think that this is a Clause which should be taken within the ambit of ths Bill.
My right hon. Friend the Member for the Universities (Sir H. Craik) does not quite understand that this Clause has been rendered necessary. It is the desire of many of the owners and of the public authorities at these seaside resorts that they should be able to let permanently some of those houses which are occupied only for a short time in the year to a good tenant. I think the proviso which the Secretary for Scotland is putting in later is quite sufficient to ensure that none of the cases of hardship which have been referred to will be allowed to occur. Personally, I feel strongly in favour of the course taken by the right hon. Gentleman the Secretary for Scotland. He has given great attention to what is undoubtedly a great grievance and difficult problem.
As a Scottish Member I have a great deal of sympathy with what my two hon. Friends before me have said. I think it is a fact that too little attention is paid to the man who owns property.
He is a criminal.
But while I have that sympathy I admit that the Secretary for Scotland has taken his courage in both hands to deal with this question in a proper way. It is well known that in some of the towns at the coast there are a number of houses that are only occupied for a few months in the year, and very often they are owned by men and women who have got several of them and who make a trade of sub-letting. It is a fact that during the last few years the amount of profiteering done by these people has ben scandalous. While sympathising with the owners of property, we have got to understand that the houses are required,, not so much for people going to the coast to enjoy themselves as for people who have no houses at all. I think first consideration should be given to the people who are in need of houses, I suppose it will be the case that some-unscrupulous person will sub-let these houses, but you can scarcely prevent it I certainly do support very strongly the position taken up by the Secretary for Scotland on this Amendment. 1 think it goes a long way to meet the case, although, so far as I am concerned, I think it might go a little further.
I should like to ask the Secretary £or Scotland whether, under this Clause, a house could really be taken under such circumstances as have been mentioned. Supposing a Glasgow merchant has a cottage on the sea coast of Ayr, at Troon for instance, as many of them have, and does not occupy it for more than a short period of the year, is it really the case that that house can be taken under this Clause simply because the owner in Glasgow does not actually live in it, and sleep in it, for three months? If so, that seems an amazing inroad on the rights of private property. If it is not perfectly clear, I hope the Secretary for Scotland will make it perfectly clear, because, if it means what I have said, it would appear to be most-tyrannical.
It is perfectly clear.
I should like to have it from the Secretary for Scotland.
I should like to ask the Secretary for Scotland if it is possible, as I believe, for a caretaker to effect this occupancy.
I am sure my right hon. Friend the Secretary for Scotland will hardly be disappointed that he has failed to conciliate entirely the right hon. Member for the Scottish Universities (Sir H. Craik), but I should have thought some meed of gratitude, at least, might have been shown to him by the hon. and gallant Member for Lanark (Captain Elliot). It appears to me the hon. and gallant Member has entirely misconceived the purpose of this Clause. This Clause has been introduced, I think I may say, in deference to pressure brought to bear upon my right hon. Friend in the special circumstances of -many Scottish sea-coast towns. The whole condition of the argument is not the Glasgow people at all, so far as Ayrshire is concerned; neither is it the Edinburgh or Leith people so far as Fife is concerned. The condition of the argument is that you have a large number of houses—the number in itself is immaterial —furnished, if you like, or empty, and concurrently with that a local demand, large or small, it matters not. The point is that you have accommodation and a concurrent local demand. It was from "that point of view that my right hon. Friend was pressed to see whether some-thing could not be done to mitigate this evil. This is his endeavour to meet the wishes of Scottish Members. With regard to the other point of the hon. and gallant Member for Lanark, there is really nothing in it whatever. He fears some danger to health. It is quite visionary. If the circumstances arise under which the local authority, in their discretion, exercise powers which this House gives, they will be the masters of the situation, and they can impose such terms as they please.
With regard to the question that was put by the hon. Member for Nottingham (Sir J. D. Rees), my answer is this. As a matter of legal construction of the latter half of the Clause, it would be open to a local authority to commandeer the house of a Glasgow merchant which was furnished but unoccupied during the period which is contemplated, but, while that is so, I pray him to bear in mind that the power is already in the Act and is proposed to be further safeguarded. First, the house in itself must be suitable for the purpose; secondly, it must be suitable without reconstruction, which, in effect, means without structural alteration and the expenditure of a large sum of money; and, in the third place, if my hon. Friend will look at the proposed alteration in the Schedule, he will see that we are proposing a further safe guard, apart from the safeguard of con- firmation by the Board, that the Board must consider the very question to which he has addressed himself, which is that they may be satisfied in such a case that the relative hardship is in favour of, and not against, the Glasgow merchant. I am of opinion that occupation would be satisfied, provided there is actual physical occupation of the house by a caretaker or anybody else with the authority of the person who is the occupier.
Amendment agreed to.
I beg to move, at the end of Sub-section (2), to insert a new Sub-section—
Perhaps I can best illustrate it, and most briefly illustrate it, by taking the case of the city of Dunfermline, which is only one of several representations we have received. In the city of Dunfermline they have been attempting to provide house property, and for a certain time there has been in course of erection there a large theatre, involving a good deal of material, a fair amount of labour, and certainly a considerable amount of capital as well. They have tried to take steps to stop the building of that theatre in order to obtain preference for house property under the previous Act passed by this House. They have had various meetings; they have conducted certain negotiations; but, according to the Town Clerk of Dunfermline, they have taken the view that they could not provide such a case as would stand the test in the Appeal Tribunal. It appears to me to be a very serious position that if we cannot get a case in a representative, growing and powerful city like Dunfermline which will stand the test of the Appeal Tribunal in a matter of this kind, undeniably the powers we have conferred on Scottish local authorities are insufficient.
Can the hon. Gentleman explain?
The view they take, after full investigation, according to the letter I have received, is that their case will not stand the test of the Appeal Tribunal in view of decisions already given by the Tribunal. That leads me to say that the powers should be strengthened, and I have now, perhaps, all the more right to make that request, if I may say so, because I have never exaggerated the extent of the so-called luxury building in Scotland. I think it is a small part of the whole, and it has misled a great many people as to what is involved. But I do make this contention very strongly indeed, that now we have agreed upon priority for housing accommodation, we must make the priority real, and we must give the local authorities definite protection against other buildings not nearly so important which are being erected to-day. I understand that my right hon. Friend to-morrow is receiving an important deputation on the subject of building materials in Scotland, and it has been suggested that if we are going to attain any scheme of priority we had much better approach that task from the side of mate- rials than the passing of plans of actual buildings themselves,. The local authorities take the view that it will be very difficult indeed to establish any effective priority in building materials, apart from what has been attempted already. They seem to consider, without in any way prejudging to-morrow's issue, that it would be better on their part to rely upon a scheme of priority in this Bill. I suggest that there is nothing drastic or extreme in the proposed new Sub-section which I put forward. I believe there is agreement amongst Scottish Members generally regarding what I desire to effect by this new Sub-section. We should lay down for the local committees, joint committees, or for the appeal tribunals, the principle that housebuilding is to have a definite preference or priority—to make that binding upon these committees and upon the tribunals. If we do so, I venture to think that we shall in this matter have conferred real power not possessed at present, and one which will give certainly very much greater encouragement in the provision of houses than hitherto we have had in previous Acts relating to Scotland
I beg to second the Amendment.
I support heartily the Amendment proposed by the hon. Gentleman opposite. Priority is not a new thing in this country; it was very largely in vogue during the War in various industries, and to a very large extent it worked very well. We have at the present time a great shortage of material, especially bricks, and one is surprised to know that even in Dunfermline, where brick works are close at hand, their housing has not got on as well as it might simply because of luxury building. In many towns it is a fact that luxury building appears to be taking precedence, and the consequence is that cinemas for the purpose of giving entertainment to the people have been, or are being, put up, and yet the necessary houses are not being built. The people who want houses are, of course, very much incensed with this kind of building which is going on to the detriment of house building.
Glasgow, to some extent, furnishes an example of this sort of thing. The local authority tried their best to stop this cinema building, but they were turned down when they went to the Appeal Court. It is for the purpose of seeing to it that, in the case of certain luxury buildings which are projected, there should be some authority where, if this sort of building is going to be against the interests of housebuilding, a stoppage can be ordered and authority given to the committees to enforce this stoppage till such time as more houses are put up. I hold a very strong opinion that it was a mistake to confine the building of houses in Scotland to houses made with bricks. There are to my knowledge in various counties in Scotland—Aberdeenshire, Forfarshire, Dumfriesshire, and other places—a very large quantity of building material which might have been got at a very cheap rate.
That is a very long way away from the Amendment at present before us. The only question is that of priority.
I beg your pardon, Mr. Deputy-Speaker, I will not pursue that. But the whole question resolves itself into this, that there should be more definite instructions given to the various committees whereby they should have power to make various people. who are putting up these luxury buildings, cease for the time, so as to allow the houses to be gone on with.
I do hope my hon. Friend (Mr. Graham) will not press this Amendment. I have heard bureaucracy inveighed against in this House. I have heard control inveighed against in this House. This Amendment really is to enthrone bureaucracy; it is control run mad. If my hon. Friend will look at the Amendment, I think he will agree that I am not overstating the case. Look at the last part of it—
" it shall be the duty of the Board to prepare a scheme of priority in building operations, with preference for the erection and reconstruction of dwelling-houses, such scheme to be binding upon the committee, or joint committee, and upon the appeal tribunal."
My hon. Friend desires to put the Board of Health above the tribunal by this Amendment, and really to impose a system of control by the Board of Health upon the whole country on grounds which I hope to show quite briefly in a moment or two are quite insufficient. With respect to the Dunfermline case I have never heard of it, and I cannot understand it. My right hon. Friend opposite (Mr. Adam-son) will know all about it, and he will tell me if I am wrong, because he represents a part of that constituency. The hon. Gentleman opposite said that the local authority of Dunfermline thought they had no case with which to go to the tribunal. If they had no case they had no grievance. If they had a grievance, the case could have been made under the Act of 1919, which says that if any building of dwelling houses in the area is likely to be delayed by a deficiency of labour or material arising out of the employment of labour or material in the construction of other works, there is a right of appeal. Why did Dunfermline not exercise their right of appeal if they had any sort of case? If they have no case then there is really no grievance. Let me put this to my hon. Friend who— if he will allow me to say so—is always a fair-minded man. It is not really practicable to lay down a scheme of priority in building operations which would apply all over the country in Scotland. It really cannot be done. Each case has to be considered in the light of its own particular circumstances. I have great faith in the local authorities; in the sobriety, sanity, and common sense with which these local authorities will deal with this subject, and, if an appeal is taken to the tribunal, I have confidence in the manner in which the tribunal will deal with the matter. I quite agree with my hon. Friend that the demand for dwelling houses is paramount. But I think it would be an extremely dangerous thing that the Board of Health should lay down a cast-iron scheme and impose it willy-nilly upon every local authority in Scotland. If there is any grievance I should expect to have heard of it. There has been no representation to the Board of Health or to me on the subject.
Is it not the case that in Glasgow the Corporation had to protest against cinemas being built?
My hon. and gallant Friend is perfectly right. He will remember that I said on the Second Reading that 16 out of 18 appeals had been sustained in Glasgow, and that the Corporation had repeatedly remonstrated against the decision of the Appeal Tribunal. But my hon. and gallant Friend will also remember that the tribunal has been remodelled under this Bill. It has been set up on new lines, quite different lines from the existing tribunal. Really, however, so far as the ground on which this particular Amendment has been put, I am afraid it is one which I cannot entertain, and I hope my hon. Friend will not press it upon me.
I am glad my right hon. Friend opposite is resisting this Amendment in this form. Let it be said that there is a great deal of humbug being talked about the erection of what are called luxury buildings, and I shall with great willingness stand by what I am going to say: That in many parts of Scotland, in many parts of our big towns there, and in our mining villages, it is an absolute Godsend to build some sort of entertainment place before there is a single house put up. The one thing required in many of our country districts in Scotland is something to take the people out of the houses they are in and which they must inhabit for a long time before any better houses are put up. If we want to encourage a proper standard of living in our Scottish population, the sooner you get places of entertainment in many of these Black Holes the better. Therefore, I am one of those who am not in the least disturbed by all this cheap talk about luxury building interfering with the erection of dwelling houses. I do not believe it is as stated even for Glasgow.
I am glad my right hon. Friend is opposing this, because, although not a Labour man, I am very strongly in favour of the interests of the labourer. I should like my hon. Friend the Member for Central Edinburgh to say whether he will like to go this length in addition to the priority for the erection and the reconstruction of dwelling-houses, whether he would give the joint committees a rigid hard-and-fast power to make it incumbent upon certain types of labour—bricklayers, joiners, slaters, plasterers—to give their labour in priority to these essential schemes? Would he and his colleagues be willing, as representing labour, to handcuff and shackle particular labourers in any particular place to particular houses, and that the authority should have power to make them remain until the work was done? My hon. Friend shakes his head.
I do not want to interrupt, but my hon. Friend must remember that all I am proposing here is priority, and not interference with the local authority or anybody else.
Well, I make my hon. Friends an offer. If I agree with their Amendment, and bind myself to use all my influence with the local authority to build six dwelling-houses in Dunfermline before anybody builds anything else, will my hon. Friends bind themselves that their men shall work on these six houses until they are built? That is a fair and square offer! That is exactly to what this question of priority will lead. I say that this kind of thing is induced by a desire to excuse a great deal of the hindrances to building by stressing the fact of supposed luxury building. I asked the Secretary for Scotland in the Debate, but he did not answer at the time, and probably because he had not got the information—I do not know whether he has it now. I do not know whether my hon. Friends will be willing to stand by a census of the luxury buildings to-day in Scotland; buildings being put up, or where the foundations have been laid, since all this legislation was introduced? I am bound to say that there are not many. If we are going to have this kind of talk, let us put the blame on the right shoulders. There are many reasons why dwelling-houses cannot get priority. One of these causes has been referred to, and that is the dear-ness of building material.
And the scarcity!
Yes, also the troubles of labour—which I cannot go into, because it is not relevant. But I say quite sincerely that the troubles of labour are interfering with these things. When considering the question, let us face the real facts. I hope this Amendment will be resisted unless my right hon. Friend beside me (Mr. Adamson), with the authority of the leader of the Labour party, will change the face of the industry by an epoch-making speech in which priority will be fully dealt with!
Amendment negatived.
I beg to move to leave out Sub-section (3).
I am sorry to intervene in the Debate again, but it is only on rare occasions that we have a Scottish day. In proposing to delete this Sub-section I have all the more confidence because of the arguments used against me in the previous Debate. They were directed to restricting the power of interference and control, and I am now advocating the restriction of interference and control as far as one part of the community associated with the provision of housing is concerned. In Committee it was pointed out that this Subsection provided that the local authority should have power to interfere or delay the erection of any kind of property where it was shown that it would interfere with the erection of dwelling-houses, and where rates were being offered to workmen in excess of those agreed to between employer and employed. The whole case was the so-called jumping of the district rate or offering a bribe to workmen to get them to engage on this particular class of property. The right hon. Gentleman the Member for the Scottish Universities (Sir H. Craik) gave me a very severe warning in advance on this very principle, and he expressed the hope that we should strongly oppose it. But we indicated that we should support this Clause provided that the prevention of offering a bribe was applied to the employers on the one side and workmen on the other.
As regards the employers, the Secretary for Scotland said in Committee that it would be impossible to do anything at all; that it would really not have the effect of preventing a bribe, that it would be difficult to trace and that the effect of the Clause in its present form would be that the bribe would remain in the pockets of the employer if given, but at all events there would be a definite protection as far as special remuneration to the workers was concerned. That appears to me to miss the whole point, because behind all the discussion of this question the people whom we are trying to protect are those who desire houses. We are trying to protect them by getting the houses as speedily as possible, in the first place by removing all hindrances, and, secondly, by protecting them in the cost which will be greatly increased if special bribes are offered to the builders or the workmen. The Clause as it remains in the Bill simply gives a protection against a bribe to the workers but no protection against the payment which may be offered to builders which is in point of fact in Scotland regularly and frequently offered in order to give a preference to the erection of property other than dwelling-house accommodation. It is unfair to include one side of the building industry and exclude the other for the purpose of a Clause such as this.
May I indicate the attitude of Labour on this problem. It would be idle to pretend that labour is united. There is a division of opinion, but broadly and generally speaking labour, as represented by trade unions and others in the building trade in Scotland, is opposed to the jumping of the district rate. They are very anxious to get a general and uniform standard rate for the country and abide by that, with such improvements and changes as may be necessary from time to time. On this Clause certain advisers of the trade unions have taken the view that we must make the Clause watertight and apply it to both employers and workers through a joint industrial council or anything else, or we must delete the Clause altogether. I have taken the second course because I am satisfied that the Secretary for Scotland will not entertain the first, and I respect his attitude. That was apparently the attitude of the Scottish Grand Committee.
I now propose the deletion of this Sub-section on grounds which I think will appeal to those hon. Members who hitherto opposed it. As far as hindrances to the erection to house property are concerned we have now pretty full protection under the other Clauses of the Bill. If any class of property is suggested which is going to interfere with housing accommodation in Scotland then the local authorities, through these joint committees and the appeal tribunal, have power to prohibit it They have power to prohibit the erection of other property, and that appears to be clearly their remedy in this matter and the question of extra remuneration to the workers does not arise. I suggest to the right hon. Gentleman that with perfect safety he can delete this Sub-section, because of the admitted difficulties which it will introduce, the fact that it is unfair in its operation, and because adequate protection already exists. For these reasons I move the deletion of this Sub-section.
I beg to second the Amendment, but from different reasons to those which have been given by the mover. I think that a person should be permitted to sell his labour in the dearest market. I opposed this proposal in the English Bill and I must oppose it here. Nothing should be done to prevent any man getting the best wages he can.
I am somewhat surprised at the attitude which my hon. Friends have taken up on this question at this time of day. As far as I can discover the Labour party supported an identical Clause in the English Bill. In Committee on that Bill I think seven Members of the Labour party voted in favour of it. My hon. Friend (Mr. Graham) on the Second Reading of the Bill supported this Clause, and I did not understand from him that his support was conditional at all. I understand that he supported it on very general grounds which he argued in great detail. Then we came to the Committee stage when his Amendment was negatived without a division. Now my hon. Friend puts down this Amendment to delete the Clause, as I understand he desires to bring in employers as well as employed.
Theoretically this proposal stands all right, but practically it is impossible for the reason given by the hon. Member for Ayr Burghs (Sir G. Younger), who pointed out that there is no standard rate applicable to employers corresponding to that which is applicable to workmen, and therefore you cannot test a rate which is payable to any employer in the same way that you can test the rate paid to the employed. That seemed to me to be a fatal objection to the inclusion of the employers. My hon. Friend, having supported the Amendment on the English Bill, having supported this proposal on the Second Reading, and having had his Amendment negatived without a Division on the Committee, appears now on the Report stage and moves to leave out this Sub-section altogether. Personally I am not very keen about this Clause. If the House wants it deleted, let it be done, but what I want to point out is that I do not think in this matter my hon. Friend (Mr. Graham) has shown his customary consistency. Personally I am indifferent whether the Clause goes in or out, and if it is the wish of the House that this Amendment should be accepted, I offer no objection.
I think my right hon. Friend will be the first to admit that on the Second Reading I said that this Clause must apply to builders as well.
I want to point out that I think the Secretary for Scotland is entirely wrong when he states that my hon. Friend the Member for Central Edinburgh (Mr. Graham) did not deal with this point on the Second Reading.
I did not say that. I said that I did not understand the support which he gave to this Clause to be conditional upon the insertion of employers as well as employed.
Whatever the right hon. Gentleman understood, the Member" for Central Edinburgh raised the point on the Second Reading as to the fairness of putting both parties in an equal position. The Secretary for Scotland ha; made much of the fact that the Committee on the English Bill supported a" similar principle to the one contained in this Amendment. He was wrong in stating that the whole of the Labour Members on that Committee supported that principle, because there was at least one who objected to it. I think this is a point of some substance, and it contains a considerable amount of fairness. Surely if it is right to restrict the operations of the workmen and tie them to a certain rate, it is just as right to restrict the employers of labour and to prevent them from taking bribes for luxury buildings. I think the principle raised by the Amendment of my hon. Friend the Member for Central Edinburgh is a perfectly fair one, and worthy of the consideration both of the Secretary for Scotland and of the Committee.
Amendment agreed to.
First Schedule
Provisions as to the Compulsory Hiringe of Houses by Local Authorities
2. The Order shall be published, and twenty-one days' notice thereof shall be given to the owner and any tenant of the house in the prescribed manner.
3. The Order shall be submitted to the Board and shall be of no effect until it has been confirmed by them, and prior to such confirmation the owner and tenant, or either of them, shall be entitled to be heard by the Board in opposition to the confirmation of such Order; confirmation by the Board shall be conclusive evidence that the requirements of this Act have been complied with, and that the Order has been duly published and made and is within the powers, of this Act.
4. No compensation otherwise than by way of rent shall be payable in respect of the house compulsorily hired, and in determining the amount of the rent no additional allowance shall be made on account of the hiring being compulsory.
5. Notwithstanding that the amount of the rent has not been determined, the local authority shall be entitled to enter into possession of the house as soon as the Order has been confirmed by the Board.
6. In default of agreement as to the amount of rent to be paid by the local authority, or as to the other terms of the tenancy (including the delivery up of the house in proper condition), the amount of the rent or the other terms shall be fixed by an official arbiter appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919, and the provisions of that Act shall apply for the purpose, subject to such necessary adaptations as may be prescribed.
8. Where the amount which was originally estimated as sufficient to put the house into a state reasonably fit for human habitation subsequently appears to the local authority not to be sufficient for that purpose, the local authority may, with the consent of the Board, apply to have the rent payable reassessed by the official arbiter.
I beg to move, in paragraph 2, to leave out the words " the Order shall be published and."
After careful consideration it does not appear to me to be strictly necessary to have these words, and if this expense can be avoided, I think it is one which we should avoid in these times of economy.
I beg to second the Amendment.
6.0 P.M.
I agree with my hon. Friend that this is a small matter, but I hope he will not press his Amendment. The object is perfectly obvious; we want to secure that there shall be public advertisement, so that everybody concerned with the house may have full opportunity of considering the Order. It seems to be a reasonable proposal.
Amendment negatived.
I beg to move, in paragraph 3, after the word " Order " [" in opposition to the confirmation of such Order "], to insert the words
" Provided that in the case of a furnished house the Board shall not confirm the Order unless, after giving all parties concerned an opportunity of being heard, the Board are satisfied that greater hardship would be caused by refusing to confirm than by confirming the Order, and provided further that the Board shall not confirm any Order where the estimated cost of any alterations or adaptations (including cost of removal and storage of furniture) is, in the opinion of the Board, in excess of what is reasonable having regard to the period of hiring."
My right hon. Friend the Member for the Scottish Universities (Sir H. Craik), who is not here at the moment, spoke of owners of house property as criminals. Well, the owner is at least to have a trial, and under this provision it is provided that he shall be convened and his case heard. The second part of the Amendment provides that the Board before confirmation shall consider the estimated expenditure incurred by the local authority. That provision has been inserted in order to meet the wishes of the Committee upstairs that some control should be exercised, and that the authority shall not spend too much money.
Amendment agreed to.
I beg to move, in paragraph 4, after the word "hired" [" house compulsorily hired "] to insert the words
" and in the case of a furnished house no compensation otherwise than as after-mentioned shall be payable in respect of the furniture in the house or the loss of profit arising from the letting of the house as a furnished house."
This Amendment is necessary by reason of a subsequent Amendment, regarding compensation for the removal and storage of furniture, as provided for by another paragraph which I shall move later.
Amendment agreed to.
Further Amendments made: In paragraph 4, after the word "rent" ["the amount of the rent"] insert the words " or other sums payable."
In paragraph 5, after the word " rent " insert the words " or other sums payable."
In paragraph 6, after the word " rent " [" agreement as to the amount of rent"] insert the words " or other sums "; after the word " rent " [" rent or the other terms "] insert the words " or other sums payable."— [Mr. Munro.]
I beg to move, at the end of paragraph 8, to insert a new paragraph—
" 9. In the case of the compulsory hiring of a furnished house there shall be payable to the person to whom the furniture in the house belongs such compensation in respect of the removal and storage of the furniture as the official arbiter aforesaid shall, in default of agreement, determine; and if the furniture shall not have been removed prior to the date when the local authority enter into possession of the house the local authority may make arrangements for the removal and storage of the furniture."
This additional paragraph is necessary in order that the paragraph may apply to furnished houses. It provides that compensation shall be given for the removal and storage of furniture arising from letting the house furnished, and it empowers the local authority to remove and store furniture where the owner has not done so before the local authority enters. That is necessary in order to secure full possession.
Amendment agreed to.
Motion made, and Question, " That the Bill be now read the Third time," put and agreed to.
Bill read the Third time, and passed.
Gold and Silver (Export, Control, &c.) Bill
Considered in Committee. [Progress, 6th December.]
[Sir E. CORNWALL in the Chair.]
CLAUSE 1.—(Extension of 42 & 43 Vict. c. 21. s. 8, to gold and silver coin and bullion.)
(1) Section eight of the Customs and Inland Revenue Act, 1879 (which enables the exportation of certain articles to be prohibited), shall have effect as if, in addition to the articles therein mentioned, there were included the following articles, that is to say, gold or silver coin and gold or silver bullion.
(2) If any person acts in contravention of or fails to comply with any condition attached to a licence authorising the exportation of any goods prohibited to be exported by virtue of this Section, he shall for each offence, without prejudice to any other liability, be liable to a Customs penalty of one hundred pounds.
(3) In this Act the expression " gold or silver bullion " includes gold or silver partly manufactured and any mixture or alloy containing gold or silver.
Amendment proposed
" Provided, however, that any gold or silver coin and gold or silver bullion which may be imported after the passing of this Act may be re-exported at any time, whether in the same or in any remelted form or converted form, and a transferable licence to that effect shall be granted at the time of importation."— [Major-General Sir Newton Moore.]
Question again proposed, " That those words be there inserted."
This matter was discussed at our previous sitting. It may be for the convenience of the Committee if a decision is taken on these words, and if they are rejected, as I hope they will be, I shall then be in a position to move the Sub-section which I have down on the Paper and which covers the point completely of sanctioning the introduction and export from this country of gold brought here for the purpose of being refined. I said a few words on this subject on the previous meeting of this Committee, and I understand the words I propose to move completely meet the desire of all interested parties.
Do I understand that it is proposed to negative this Amendment?
Yes.
Amendment negatived.
I beg to move, at the end of Sub-section (2), to insert a new Sub-section—
"(3) Gold produced in any part of His Majesty's Dominions and imported into the United Kingdom under any arrangement approved by the Treasury may, notwithstanding anything in this Section, be exported in accordance with the terms of the arrangement."
It may be common knowledge to those who are interested in this subject that gold from certain of our Dominions and Colonies comes to London to be refined. Since the introduction of the Orders in Council referring to the prohibition of gold export, arrangements have been made with gold-producing companies under which the gold may come in and be refined and be taken out and sold at the ultimate destination for which the refined gold is intended. I have had the advantage of consulting the representatives of the industry concerned, and I am assured that these words completely meet their wishes and give statutory form to the continuance of agreement that has been made and has been working satisfactorily during the existence of the Orders in Council.
When the Amendment in the name of the hon. and gallant Member for North Islington (Major-General Sir Newton Moore) was under discussion in Committee, I understood the case he put was that where gold came to this country from any gold-producing part of the Empire, it was often here under what I may call " short-time arrangements," and what he feared was that under the powers given by this Bill those arrangements might be interfered with, or if not interfered with they might to a certain extent derange the previous arrangement, with the result that there might be damaging delay owing to the action of the Treasury. A question was asked in Committee—I rather fancy I asked it, but I forget—what arrangements other than those indicated by the hon. and gallant Member who spoke from his own experience there were of which the Treasury was cognisant, and I asked that we might have in general terms the nature of such arrangements so as to enable the Committee to come to a decision on the question. We wanted to make sure as to the real position which this Clause seeks to amend.
The Amendment which the right hon. Gentleman now proposes narrows down the previous Amendment. I think it omits the word " silver " altogether, and I would like to know what is the position with regard to silver bullion. We were told by the right hon. Gentleman when the Bill was under consideration in Committee that he would not bring in any Order regarding the re-export of silver; but the right hon. Gentleman will not always be at the Treasury, and I would suggest that some words should be introduced which will make it sure that the re-export of silver will not be prevented. I want the freedom of silver to be secured by Statute.
With reference to the point raised by the right hon. Member for Peebles (Sir D. Maclean) I would remind him that I accepted the Resolution to report progress, very largely, on the ground that I thought it desirable that Members of the Committee should be able to see these words and study them for themselves. I hope they have proved satisfactory to the hon. and gallant Member who moved the Sub-section which we have just negatived. The posi- tion is this. This Sub-section is designed to safeguard the trade in the refinement of gold, which has hitherto been carried on in London, which gold comes here from certain Dominions and Colonies that have hitherto used the London market. It applies almost entirely to South Africa, although there is a similar agreement in regard to the Niger district. With regard to Australia, in which my hon. and gallant Friend is mainly interested, the point does not arise, because they refine their own gold, and sell it direct in whatever world market may be the best for them at the moment—sometimes in the United States, sometimes in the East, or wherever they can get the best price. I think that my hon. and gallant Friend was, perhaps, under some little misapprehension when he commented on the time for export being limited. It is to the advantage of people who sell gold to get it exported as soon as possible, because it really only passes through London for the purpose of being refined, and they wish to hurry it out to whichever at the moment may be the best world market. The great danger of which those who are responsible for the guarding of the gold in this country are apprehensive, is this: If at any time in this country any accumulation of gold is allowed to grow up of which they have not complete control, it always increases the danger of smuggling gold, and makes the work of the melter of gold coinage much easier. The really effective protection against the melting of gold coin to-day is the impossibility of getting the gold out of the country. If there were any such relaxation as might make it more easy, by smuggling, for the melter of gold coins to get the melted gold out of the country, there would be the risk of a drain of gold. If that took place to any great extent, we should run the risk of having to suspend gold payments and fall back on unconvertible paper money, which, of course, would lead to the greatest panic in this country that ever was seen.
Would the right hon. Gentleman kindly explain, in order to relieve the minds of the gold producers, what are the arrangements with the Treasury which are referred to in this Amendment? There might be anxiety lest these arrangements might be terminated.
With all respect to my hon. and learned Friend, I do not see what his trouble is. These words are put in in order that the arrangements may go on, and they have been shown to the representatives of the gold industry, who are perfectly satisfied with them. The arrangements are in existence to-day. We have no desire to conclude them, and I do not think we could do so.
If any change in them were desired, what would happen?
I take it that no change would be made without negotiations with those interested. The arrangements are working perfectly satisfactorily, and we have no desire to change them. With regard to the point raised by the hon. Member for Wirral (Mr. Stewart), I cannot give any undertaking beyond that which I have given, and which, I think, ought to be perfectly satisfactory, namely, that, if this Bill becomes law, we shall, in the fresh Orders in Council, exclude silver bullion. I would remind my hon. Friend that later on the Paper there are two Amendments dealing with the continuance of the life of the measure, and I think that, when we come to them, he will find that I shall so far be able to meet the points raised as to remove the principal cause of his objection.
Amendment agreed to.
I beg to move, at the end of Sub-section (3), to insert a new Sub-section— Continuance Act, so that in each year it would be subject to revision. We know, however, that that revision is very often quite a formal Parliamentary matter, although sometimes instead of extending to a few minutes, during which questions are put from the Chair, it sometimes extends to what has been described as " a rather middle-aged lark"—in other words, an all-night sitting, and on such occasions very little serious attention is given to the subjects which from time to time arise in connection with that Act. What we really desire, in a matter of this kind, is that there should be a fixed term, and that, when that term comes to an end, it should be quite certain that there will be a really serious Parliamentary discussion of a most important question. Therefore I have dropped the idea of bringing this measure within the Expiring Laws Continuance Act, and now suggest to my right hon. Friend that it would be better to fix a term of three years, when the Government of the day can come back to the House for further legislative powers.
The first of the reasons upon which I found this Amendment is that this form of legislation is, in normal circumstances, undesirable. Everyone desires to get back again as swiftly as possible to the free market for gold in London, which carries with it the world-wide status of the bill on London. It is common ground that that position will never be obtained while there are artificial restrictions such as the Government seek in this Bill. The Second Reading has been passed, and we have now reached the last phase of the Committee stage, so that it is no use arguing the general question of the desirability or otherwise of this Bill. We are, therefore, brought down to the question whether, in all the circumstances, it is not more important that the business community in this country and throughout the world should know what is the limit of such a measure as this. The city of London is still the money pivot of the world, and I do not see any likelihood of that position being shifted for many years to come. London still remains, notwithstanding the shock of war, the money centre of the world. That being the case, how important it is that the financial world in all countries, looking towards the city of London as its centre, should know what is the fixed statutory position here with regard to the control of the export of gold. It was stated the other day in this Committee, by men of undoubted business status and experience, that the proposals of the Bill had been cabled, immediately it was presented, all over the world, and that the values of currency had been immediately affected That shows how sensitive the world is to the position of the money market in this country. If this Amendment is carried, the money markets of the world will know, for three years at any rate, exactly how we stand with regard to this intricate and important question.
Therefore, in the interests of stability, I suggest that this Amendment is one of real importance, not only to this country, but to the financial position the world over, and I would urge my right hon. Friend to meet me as far as he can. I think that, on the general proposition which I have ventured to lay down so far, I have carried him substantially with me. What is there to prevent him from accepting such an Amendment? It cannot be any suspicion of the House of Commons, because I am sure he will agree that the discussion on this Bill, both on the Second Reading and in Committee, has been carried on by those who are sincerely desirous of helping him and the Treasury in their overwhelming task of standardising the financial position of this country; and whatever Government comes back to the House on a question like this will receive the same consideration. There can, therefore, be no danger which can be foreseen at present of obstructive or unwise opposition to financial proposals of this kind made by any Government. That being the case, I am wondering what arguments my right hon. Friend will be able to put forward if he refuses to accept this Amendment. I do not pin myself to a period of three years, although I think that that is quite far enough to go. I am painfully aware of the fact that I cannot substantiate my arguments, however well-founded, by a sufficient number of votes in the Lobbies to carry the conviction which they sometimes deserve, and, there-fort, I am left to other wiles and artifices which I endeavour to exercise. I do hope that my right hon. Friend will recognise the soundness of the arguments which I have been trying to press upon him. I am quite certain that some such limit as this will react quite favourably in business circles and be welcomed not only in this country, but in other parts of the world.
It would be wise to have a time limit to the Bill, though I have no affection for this particular date. But if the Treasury entertains the proposal at all, I am sure any date they propose would be acceptable. I do not think the Bill at any rate should run for more than five years. I do not quite gather what my right hon. Friend's point was in putting down two Amendments with two separate dates.
I certainly think this Amendment is a more easy one for me to consider than the original one which stood in the right hon. Gentleman's name. I do not think I could have accepted the Amendment originally put down, and he himself has given the reason quite as well as I could have. But he was courteous enough to give me notice before the Amendment appeared on the Paper that he was going to put it down, so that I have had an opportunity of looking into it and considering it during the week-end. I hope the Committee will recognise that it is always my desire, as far as I can, to meet their wishes in these matters, and I am no fonder of pressing the powers of Orders in Council, even when made statutory, than any other Member in the House. I see no valid objection against a time limit to this Bill. I think it is a good thing that at the end of a period of years the House, as then constituted, may have an opportunity of reviewing the whole situation, and then, if it thinks fit, continuing these powers in a new Act, or some modification of them, as may be thought desirable when the time comes. The only thing I am a little apprehensive about is whether the right hon. Gentleman has suggested a sufficiently long period. I do not pretend to be an expert, and I do not suppose he would pretend that he is an expert in these matters, but I have had the advantage of consultation with those who are, and those who are responsible for the protection of our currency and similar matters in the city of London. If the right hon. Gentleman could see his way to make the three years five I would accept that, but I think that ought to be the shortest period. I am advised by those most competent to judge that five years should see us through the worst of our troubles. In five years I think we shall have gone under or be swimming. A further advantage from the right hon. Gentleman's point of view is that in five years it is much more likely that he will be on this Bench than in three. Then he will be able perhaps to recommend to the House at that time what steps they shall take. I hope he will see his way to meet me, as I can assure him that I had in my mind originally a longer period than five years. But I think five years would meet the general opinion in the Committee, and I should be very pleased to accept it.
:I shall be quite willing to accept the right hon. Gentleman's suggestion, particularly as he puts it in the perspective which he suggests, that I shall be on the other side of the Table in five years rather than in three. I would rather be there in five years than in three.
Amendment, by leave, withdrawn.
Amendment made: After Sub-section (3), insert a new Sub-section
" (4) This Section shall continue in force until the thirty-first day of December, nineteen hundred and twenty-five, and no longer, unless Parliament otherwise determines."— [Sir D. Maclean.]
Clause, as amended, ordered to stand part of the Bill.
Clauses 2 {Prohibition on Melting of Gold or Silver Coin) and 3 {Short Title) ordered to stand part of the Bill.
Bill reported.
As amended, considered.
I beg to move, " That the Bill be now read the Third time."
I should like on behalf of those for whom I can speak— and perhaps on this occasion I may be allowed to speak on behalf of the Committee as a whole—to thank my right hon. Friend (Mr. Baldwin) for the courtesy and care which he has shown in the conduct of this intricate and, to most of us, very difficult Bill. I am indebted to him for the way in which he has met the suggestions which from time to time I have made, and I congratulate him on getting the Bill through with as little trouble as has been the case. May I ask him one question on Sub-section (3) of Clause 1? I presume that the Revenue or Customs authorities have contemplated the original amount of machinery which may be necessary for enforcing this Regu- lation, because, naturally, certainly in normal times, there is a very large export of jewellery from this country which contains gold or silver partly made up in manufactured goods. To what extent has it been calculated that the enforcement of this Sub-section will entail a development of the staff or what additional cost is likely to be thrown upon the authorities in enforcing this part of the Bill? Then under Clause 2, the prohibition of melting of gold or silver coin, I only express wonderment that some such provision as that has not been long ago made statutory. I do not know how far there has been any recent development of crime in connection with this or whether there have been many attempts, successful or otherwise, to deface, melt down, break up, or otherwise use as currency any gold or silver coin. Any information on these two points I should be much obliged if the right hon. Gentleman Would give.
In Sub-section (3) of Clause 1 it says " Gold or silver bullion includes gold or silver partly manufactured and any mixture or alloy containing gold or silver." Does that mean in cognisable quantities? One can imagine an alloy containing a mere fragment of gold or silver, or is alloy a term implying the presence of gold or silver in certain cognisable quantities to make it worthy of attention in this connection?
We have all heard the reasons for this Bill, and I think it has been recognised by everyone that something of this sort was necessary. The exchanges and our currency are in a deplorable condition. I do not think very much can be done by-interfering with the gold and silver market of this country towards stabilising the exchanges between ourselves and other countries. I should like to know whether the Treasury are in continuous and, I hope, informal negotiations and discussion with the Treasury officials of other countries. We had one or two set meetings at Geneva and Brussels and elsewhere with currency and financial experts to deal with this grave question which this Bill is one small means of trying to solve, but I want to know whether a continuous exchange of views is going on between the right hon. Gentleman and his other officials and the corresponding statesmen and permanent Civil Servants in other countries, because really this question is most strictly an international question. With the exception of disease, it is the most international question with which we are faced to-day. On the whole question of exchange and currency and the inflation of the currency we are going to do very little by ourselves, and unless this matter is solved there are many financiers and economists of distinction who declare that a real disaster awaits the whole of Europe. It is a terrible winter, and something ought to have been done about it long since. We have nominally finished fighting for two years, and this grave problem has to be tackled at once, and all the restrictions on dealing with gold and bullion will not affect it very much. I hope the Treasury are alive to this and are making a move on the lines I indicate before some terrible crash overtakes us.
I see there is a penalty of £100 for exporting manufactured silver without a licence. I hope they will not be severe about making the penalties very heavy, because one knows so many people who move about the world and go from this country to the Colonies and other places. I understand if a man takes his family abroad and takes his family plate without a licence, he may be mulct in the sum of £100. I hope, should such a thing happen through inadvertence, the Treasury, who, I suppose, will be the prosecutor, will take a lenient view.
That penalty is not one which is likely to happen to my hon. Friend, because it is a penalty for melting down. In our view, it is a very light one, because melting down is a very grave offence. With regard to the two points raised by the right hon. Gentleman, the expression "gold or silver bullion" is used in that way because it is an expression that is perfectly well understood in the trade. It would be quite impossible to put in any close words of definition into the Act of Parliament. We have tried to find words, but it has been found impossible. My right hon. Friend need not be afraid that anyone will fail to understand what these words mean, or, on the other hand, that any extra work will be caused to any servant of the Crown in the administration of that Sub-section, because it merely continues the practice that has been in vogue throughout the War. The Board of Trade control the issue of licences, and the procedure is perfectly well known, and the use of these words is quite understood by the trades concerned and the officials.
There is this difference, that during the War this trade in articles made of gold and silver ceased. It is only just beginning again.
I do not think my right hon. Friend need be apprehensive there. In regard to melting, that problem did not arise until the value of the precious metal in the coin became less than the value of that precious metal when it came to be sold. That was why melting was not contemplated as an offence, because it did not pay people to do it. When the right hon. Gentleman asks to what extent melting is being done now, it is a difficult question to answer, and I do not think it is a subject on which I should like to say much in this House. It is, however, being practised. It is work that can be done in very small rooms in the crowded quarters of large towns, and is very difficult to detect, but we feel that with the powers given in this Bill, and with the active co-operation of the detective force, we are making it as difficult as it can be made for people to carry out that work. To go at any length into the subject raised by the hon. and gallant Member for Central Hull would be a long way outside the scope of this particular Bill, but, generally speaking, the answer to the question that he raised is in the affirmative.
Question put, and agreed to.
Bill read the Third time, and passed.
British Empire Exhibition (Guarantee) Bill
Not amended (in the Standing Committee), considered.
CLAUSE 1.—(Power to Guarantee Expenses.)
The Board of Trade may undertake, on such terms and conditions as they think fit and as the Treasury may approve, to guarantee, up to an amount not exceeding one hundred thousand pounds, any loss which may result from the holding of the exhibition, and any sums required for the fulfilment of such guarantee shall be paid out of moneys provided by Parliament:
Provided that it shall he made a condition of any such guarantee that the exhibition shall be conducted by an executive committee and a general manager approved by the Board, and that the executive committee shall furnish to the Board such information in relation to the exhibition at such time and in such manner as the Board may require.
I beg to move to leave out the words "one hundred" [" one hundred thousand pounds "], and to insert instead thereof the word "fifty."
Hon. Members will be aware that we guarantee £100,000 to this British Empire Exhibition, and the effect of my Amendment would be to reduce the amount of the guarantee from £100,000 to £50,000. In the event of the guarantee being called upon, that is, in the event of the exhibition being a failure, the overburdened taxpayer would be saved £50,000. The Prime Minister on Thursday last invited us, in the most friendly manner possible, to assist the Government in effecting economies, and frequently the Chancellor of the Exchequer has gone so far as to say that none of us could put our fingers on one spot where we could save £50,000. Here is one spot. I respond to the invitation of the Chancellor of the Exchequer and of the Prime Minister. I hope this Amendment will commend itself to the House, and that we shall save £50,000. This exhibition was going ahead very nicely under the auspices of a private company. A private company had already got a guarantee of £500,000 from different parts of the Empire. Then the Government came along, and they thought this was a very nice thing and that they must not be out of it. Therefore, my right hon. Friend, quite gratuitously I am informed, offered this guarantee of £100,000. This is no time for us to be giving guarantees to anyone, unless it is impossible to avoid it. We do not want to make any more liabilities for the taxpayer. I criticised this Bill on Second Beading, and gave my reasons for my opposition; but the Second Beading was passed. I am not now attacking the principle, but I am attacking the amount. If the promoters of the exhibition had sufficient faith to start their activities, and if they had sufficient patriotic ideas—we are told by the right hon. Gentleman that patriotism is behind this exhibition—the fact that the Government guarantee has been cut down by one-half should not affect them in the slightest, but it may affect the British taxpayer.
I beg to second the Amendment.
I was not present during the Second Reading Debate, and was not on the Committee, so I have not heard the reasons for the introduction of this Bill. I should like to ask the right hon. Gentleman a few questions about it. What gave rise to this guarantee of £100,000? Was it asked for originally by the promoters of the exhibition, or was it, as has been suggested by my hon. and gallant Friend, offered gratuitously by the Government? Are we to understand that if this particular sum of £100,000 is not granted, but is reduced to £50,000, that the exhibition would not take place and that it would be impossible for the promoters to go on with it? I suggest, with great respect, that that will not be the case. I understand that the amount that is being spent upon the exhibition is £500,000. Therefore, for a matter of £50,000, it is very unlikely that the promoters of the exhibition would be unable to carry out their project. While £50,000 may not be very important to them, at this moment it is a very substantial matter for the British taxpayer. How is the loss to be calculated? Clause 1, which grants the sum of £100,000, seems to be very indefinite and vague. It says: would materially help with some of the great problems with which we have to deal at the present time. Two days ago I put a question to the Secretary for Scotland with regard to the settlement of ex-service men upon the land in Scotland, and I was told that the funds at the disposal of the Treasury—
I do not think the question as to the destination of the money really comes into the matter. Possibly it might go towards increasing the salaries of Members of Parliament or in 100 other ways.
In the view of Members of Parliament, that might be a very desirable object, but I was not proposing to discuss that. What I had in view was to show my reasons for opposing the Vote of £100,000, and that by reducing the Vote to £50,000 the amount saved might be spent in a much more profitable way to the Empire than if expended on the objects which the right hon. Gentleman has in view. I suggest to the Government that £50,000 would be, in all the circumstances, quite sufficient for the purpose they have in view, and that the £50,000 that would be saved might be much more profitably spent upon schemes devoted to making the heart of the Empire sound.
I hope the House will refuse its assent to this Amendment. The hon. and gallant Gentleman who moved the Amendment stated that private individuals who had promoted the idea of the Empire Exhibition had secured a guarantee of £500,000, or were in the way to securing such guarantee. I should like some information as to where those gentlemen are. It is the first I have heard of them. There is no foundation for the statement. The Government did not intervene or butt in, but came forward in response to an invitation which was pressed upon them by those who are responsible for this idea of holding an Empire Exhibition to celebrate the part played by the Empire in the War, and to give a demonstration to the world of the resources of the Empire. It was felt that if they were able to say to the Dominions and to the great interests in this country whose object is to increase the volume of trade between this country and the Dominions:
7.0 P.M.
" This is no private concern, but it is a concern which has the approval of the Government, and the Government has shown its practical interest in a sub-stantial way by putting up a guarantee towards any possible loss," they would have a much greater chance of securing a response. I think that must be obvious to the House. It would be undesirable-that an exhibition which claims to represent the Empire as a whole should be entirely under private direction. The management is approved by the Government. The Government is represented on the management committee, but the day-to-day working of the exhibition is in private hands. We have secured that the broad lines on which the exhibition is conducted shall have the approval of the Government, but we have left it to business men and the representatives of the great Dominions to carry on the actual conduct of the exhibition.
Have the Dominion governments been approached to assist in this guarantee, and if so, what has been the response?
No, and I think it would have been unfair to expect that the Dominion governments, who will be put to the cost of sending their own exhibits to this exhibition, should have been asked in addition to share in the guarantee. But if the hon. Member is suggesting that the Dominion governments are not sympathetic, I would point out that on the general committee and amongst the vice-presidents are High Commissioners of all the Dominions. The proposal made is that we should reduce the guarantee from £100,000 to £50,000. I do not know on what principle the hon. and gallant Gentleman proceeded in suggesting that reduction. If it is economy, why not cut it down by £90,000? In fact, the Government would not be justified in making any offer in times like this unless there was some very large purpose to be served. The practical objection to that proposal is this: An appeal has been made privately for guarantees, and the condition of the payment of the guarantee of £100,000 is that a guarantee of £500,000 must be forthcoming from the general public before any part of the Government's guarantee can be called up. The sum of £140,000 has already been promised without any public appeal having been made, but that promise was made on the understanding that if a half million was forthcoming the Government's £100,000 would be forthcoming. In these circumstances I think the House will see that we should be open to a charge of breach of faith if we did not go forward.
Was the guarantee given by the Government be-fore the Bill was in the Committee stage?
Supposing the £500,000 does not fructify, will the Government liability still live?
Certainly not. No penny of this guarantee will be called for unless the £500,000 for which the public are to be appealed to is forthcoming. The promoters are hoping to get guarantees of a million. In any case, no part of this can be called up unless the half million is forthcoming from the public. I think that point is quite clear. This proposal that the Government should share in the guarantee was first submitted to the Treasury and approved by the Treasury. It was then discussed in the House on Second Reading, and it was after that that the appeal was made.
Before the Committee stage of the Bill?
Oh, yes. I think the House will see that in the circumstances it will now be impossible, without a serious charge of breach of faith, to make a reduction, and I think that on the merits it is undesirable to make a reduction. If we want this exhibition to be worthy of its object it must be well done. It has behind it representatives of the great Dominions and representatives of some of the greatest houses in this country interested in trade with the Dominions. The hon. and gallant Member who moved the Amendment is always impressing on the House the importance of getting the trade of the world re-established. I agree with him, and here is a practical way of doing it. There will be a great struggle going on in the world during the next few years for trade.
America has already shown that she is prepared to take very drastic action and embark on very extensive expenditure. This is a very modest proposal. It can only be justified in these times if there is a reasonable expectation that an adequate return will be secured for the Empire by increasing the amount of trade in the Empire, and I believe that result must ensue, and I am certain that it will be a penny wise and pound foolish policy to attempt to reduce the amount of the guarantee.
Even if the £500,000, or the larger sum of £1,000,000, were guaranteed, there might still be a loss, and this credit would then be available. I hope it will be an instruction to the Executive Committee that this is not in any case to be regarded as a credit against which they may draw. It is really very necessary to impress that upon them, because there is a disposition to treat a credit as if it were available cash. I should like my right hon. Friend (Mr. Kellaway) to assure me that that will be done, and that the Executive Committee shall furnish to the Board of Trade information in relation to expenditure, and that it shall also furnish accounts from time to time, and that the Board of Trade shall check and control them. There are two portions of the British Empire, one the largest, India, and one the smallest, Nyassaland. I want my right hon. Friend to assure me that he will provide an all-sufficient space for the exhibits of India, which is far the greatest trade unit in the Empire.
That matter would hardly seem to arise upon this Amendment. This is not the Third Reading.
No, Sir; that I quite see. I really thought the whole discussion was being brought in under the Amendment.
Question put, " That the words ' one hundred ' stand part of the Bill."
The House divided: Ayes, 188; Noes, 39.
Division No. 403.] AYES. [7.10 p.m. Agg-Gardner, Sir James Tynte Balfour, George (Hampstead) Birchall, Major J. Dearman Ainsworth, Captain Charles Banner, Sir John S. Harmood- Bird, Sir A. (Wolverhampton, West) Amery, Lieut.-Col. Leopold C. M. S. Barlow, Sir Montague Blades, Capt. Sir George Rowland Astbury, Lieut.-Commander F. W. Barnett, Major R. W. Boscawen, Rt. Hon. Sir A. Griffith- Atkey, A. R. Barnston, Major Harry Bowyer, Captain G. E. W. Bagley, Captain E. Ashton Beckett, Hon. Gervase Breese, Major Charles E. Baird, Sir John Lawrence Benn, Sir A. S. (Plymouth, Drake) Briggs, Harold Baldwin, Rt. Hon. Stanley Betterton, Henry B. Brown, Captain D. C Buchanan, Lieut.-Colonel A. L. H. Horne, Sir R. S. (Glasgow, Hillhead) Prescott, Major W. H. Buckley, Lieut.-Colonel A. Hotchkin, Captain Stafford Vere Purchase, H. G. Bull, Rt. Hon. Sir William James Hume-Williams, Sir W. Ellis Raw, Lieutenant-Colonel N. Burn, Col. C. R. (Devon, Torquay) Hunter, General Sir A. (Lancaster) Rees, Sir J. D. (Nottingham, East) Cairns, John Hunter-Weston, Lieut.-Gen. Sir A. G. Reid, D. D. Campion, Lieut.-Colonel W. R. Hurd, Percy A. Roberts, Rt. Hon. G. H. (Norwich) Carr, W. Theodore Illingworth, Rt. Hon. A. H. Robinson, S. (Brecon and Radnor) Casey, T. W. Inskip, Thomas Walker H. Robinson, Sir T. (Lancs, Stretford) Chamberlain, Rt. Hn. J. A. (Birm.,W.) Irving, Dan Royds, Lieut.-Colonel Edmund Chamberlain, N. (Birm., Ladywood) James, Lieut.-Colonel Hon. Cuthbert Samuel, A. M. (Surrey, Farnham) Churchill, Rt. Hon. Winston S. Jellett, William Morgan Samuel, Samuel (W'dsworth, Putney) Clynes, Rt. Hon. J. R. Jephcott, A. R. Sassoon, Sir Philip Albert Gustave D. Coates, Major Sir Edward F. Jesson, C. Scott, A. M. (Glasgow, Bridgeton) Coats, Sir Stuart Jodrell, Neville Paul Shaw, Hon. Alex. (Kilmarnock) Cobb, Sir Cyril Johnson, Sir Stanley Shaw, Thomas (Preston) Cockerill, Brigadier-General G. K. Johnstone, Joseph Shortt, Rt. Hon. E. (N'castle-on-T.) Colvin, Brig.-General Richard Beale Jones, Sir Edgar R. (Merthyr Tydvil) Simm, M. T. Conway, Sir W. Martin Jones, J. T. (Carmarthen, Llanelly) Smith, Harold (Warrington) Cowan, D. M. (Scottish Universities) Joynson-Hicks, Sir William Stanley, Major Hon. G. (Preston) Craig, Colonel Sir J. (Down, Mid) Kellaway, Rt. Hon. Fredk. George Stevens, Marshall Davidson, J. C. C.(Hemel Hempstead) King, Captain Henry Douglas Stewart, Gershom Davidson, Major-General Sir J. H. Lane-Fox, G. R. Strauss, Edward Anthony Davies, Alfred Thomas (Lincoln) Law, Rt. Hon. A. B. (Glasgow, C.) Sugden, W. H. Dean, Lieut.-Commander P. T. Lewis, Rt. Hon. J. H. (Univ., Wales) Sutherland, Sir William Denniss, Edmund R. B. (Oldham) Lindsay, William Arthur Terrell, George (Wilts, Chippenham) Edge, Captain William Lloyd, George Butler Thomas, Rt. Hon. James H. (Derby) Edwards, Allen C. (East Ham, S.) Lloyd-Greame, Major Sir P. Thomas-Stanford, Charles Edwards, Hugh (Glam., Neath) Locker-Lampson, Com. O. (H'tingd'n) Thomson, F. C. (Aberdeen, South) Eyres-Monsell, Commander B. M. Lonsdale, James Rolston Thomson, Sir W. Mitchell- (Maryhill) Falle, Major Sir Bertram G. Lorden, John William Thorne, W. (West Ham, Plaistow) Flannery, Sir James Fortescue Loseby, Captain C. E. Thorpe, Captain John Henry Fremantle, Lieut.-Colonel Francis E. Lowther, Lt.-Col. Claude (Lancaster) Tootill, Robert Gange, E. Stanley McLaren, Robert (Lanark, Northern) Vickers, Douglas Ganzonl, Captain Francis John C. Macnamara, Rt. Hon. Dr. T. J. Waddington, R. Geddes, Rt. Hon. Sir E. (Camb'dge) Manville, Edward Ward, Col. J. (Stoke-upon-Trent) George, Rt. Hon. David Lloyd Marriott, John Arthur Ransome Ward, Col. L. (Kingston-upon-Hull Gibbs, Colonel George Abraham Martin, Captain A. E. Ward, William Dudley (Southampton) Gilbert, James Daniel Molson, Major John Elsdale Warren, Lieut.-Col. Sir Alfred H. Gilmour, Lieut.-Colonel John Montagu, Rt. Hon. E. S. Watson, Captain John Bertrand Glyn, Major Ralph Moore-Brabazon, Lieut.-Col. J. T. C. Whitla, Sir William Green, Joseph F. (Leicester, W.) Munro, Rt. Hon. Robert Williams, Lt.-Com. C. (Tavistock) Greenwood, Colonel Sir Hamar Murchison, C. K. Williams, Lt.-Col. Sir R. (Banbury) Guinness, Lieut.-Col. Hon. W. E. Murray, C. D. (Edinburgh) Wills, Lieut.-Colonel Sir Gilbert Hall, Lieut.-Col. Sir F. (Dulwich) Murray, John (Leeds, West) Wilson, Daniel M. (Down, West) Hambro, Captain Angus Valdemar Murray, Major William (Dumfries) Wilson, Rt. Hon. J. W. (Stourbridge) Hanson, Sir Charles Augustin Neal, Arthur Wilson, W. Tyson (Westhoughton) Harmsworth, C. B. (Bedford, Luton) Norman, Major Rt. Hon. Sir Henry Wise, Frederick Henry, Denis S. (Londonderry, S.) Norris, Colonel Sir Henry G. Woolcock, William James U. Herbert, Dennis (Hertford, Watford) O'Neill. Major Hon. Robert W. H. Worthington-Evans, Rt. Hon. Sir L. Hewart, Rt. Hon. Sir Gordon Ormsby-Gore, Captain Hon. W. Yate, Colonel Charles Edward Hilder, Lieut.-Colonel Frank Parry, Lieut.-Colonel Thomas Henry Yeo, Sir Alfred William Hinds, John Peel, Col. Hon. S. (Uxbridge, Mddx.) Young, Lieut.-Com. E. H. (Norwich) Hohler, Gerald Fitzroy Perkins, Walter Frank Younger, Sir George Holbrook, Sir Arthur Richard Pinkham, Lieut.-Colonel Charles Hope, James F. (Sheffield, Central) Pollock, Sir Ernest M. TELLERS FOR THE AYES.— Hopkins, John W. W. Pownall, Lieut.-Colonel Assheton Lord E. Talbot and Captain Guest.
NOES. Adamson, Rt. Hon. William Henderson, Rt. Hon. A. (Widnes) Short, Alfred (Wednesbury) Banbury, Rt. Hon. Sir Frederick G. Herbert, Hon. A. (Somerset, Yeovil) Sitch, Charles H. Barnes, Major H. (Newcastle, E.) Hirst, G. H. Swan, J. E. Bramsdon, Sir Thomas Hodge, Rt. Hon. John Thorne, G. R. (Wolverhampton, E.) Cautley, Henry S. Hogge, James Myles Waterson, A. E. Doyle, N. Grattan Holmes, J. Stanley White, Charles F. (Derby, Western) Edwards, G. (Norfolk, South) Lyle-Samuel, Alexander Wignall, James Elliot, Capt. Walter E. (Lanark) Maclean, Neil (Glasgow, Govan) Williams, Aneurin (Durham, Consett) Entwistle, Major C. F. MacVeagh, Jeremiah Williams, Col. P. (Middlesbrough, E.) Glanville, Harold James Murray, Dr. D. (Inverness & Ross) Wintringham, T. Graham, W. (Edinburgh, Central) Newbould, Alfred Ernest Wood, Major M. M. (Aberdeen, C.) Grundy, T. W. Raffan, Peter Wilson Hancock, John George Rendall, Athelstan TELLERS FOR THE NOES.— Hayward, Major Evan Roberts, Frederick O. (W. Bromwich) Lieut.-Commander Kenworthy and Lieut.-Colonel Murray.
Bill to be read the Third time Tomorrow.
Government of India Act, 1919 (Draft Rules)
Debate resumed on Question [ 10th December].
" That the Draft Rules under Section 1 of the Government of India Act, 1919, which were presented on the 11th day of August be approved, subject, however, to the following modifications, namely:
Page 3, Rule 1 (2), at end, insert ' and for different provisions of these Rules.'
Page 7, Rule 15 (1), line 5, leave out from ' jurisdiction ' to the end of the sub-rule, and insert ' The share so allocated shall be three pies on each rupee brought under assessment under the said Act in respect of which the Income Tax assessed has been collected.'
Page 7, Rule 15 (2), line 6, leave out from ' equivalent ' to the end of the sub-rule, and insert ' Of the amount which would have accrued to the local government in the year 1920–21 (after deducting the provincial share of the cost of special Income Tax establishments in that year) had the pie-rate fixed under sub-rule (1) been applied in that year, due allowance being made for any abnormal delays in the collection of the tax.'
Page 9, Rule 20, after ' contributions,' insert ' and assignments.'
Page 11, Rule 27 (2), at end, insert,—
(3) The local government of a Governor's province shall have power to sanction any expenditure on transferred subjects which relates to the heads enumerated in Section 72D (3) of the Act, subject to the approval of the Secretary of State in Council or of the Governor-General in Council, if such approval is required by any rule for the time being in force.
Page 16, Rule 41, leave out from the beginning of the rule down to ' without,' and insert ' No allowance and no special or personal pay shall be sanctioned for any post or class of post or for any Government servant.'
Page 21, Schedule I., Part I., entry 44, at end, insert ' 45. The Public Service Commission,' and re-number entries 45 and 46 as 46 and 47.
Page 27, Schedule I., Part II., entry 47, leave out 'other public services within the province,' and insert ' public services within the province, other than all-India services.' "— [Mr. Montagu.]
Question again proposed.
I beg to move, at the end of the Question, to add the words "and subject to these Rules being made applicable to Burma."
The arguments for the application of these Rules to Burma are of a very weighty character. There is in Burma a uniformity of race and language instead of the differences which you have in India. There is also uniformity of religion. Practically the whole country is Buddhist, and you have not the great rivalry between Moslem, Hindu, and Brahmin that you have in India. There is none of the caste system which we were always told in the past was an obstacle of any self-government for India. There is a level of literacy higher than in India, as the right hon. Gentleman acknowledged in the passage of the main Bill through the House. There is no lawlessness or unconstitutional action in Burma. The agitation has been strictly constitutional. I believe that the Burmese are thoroughly patriotic. A most important reason is that Burma is one of the few countries in the Far East that have got natural deposits of oil. Therefore it is a prize for any who can stir up discontent and weaken our authority, and who look, possibly, one day to gain that prize. For that reason, it is most necessary that the people of Burma should be contented and happy, without any desire to break away from the British Empire. There is danger of war while the natural resources of the world are divided up as they are at present, which must be considered, and Burma may be a prize in the next war. We must make every effort to honour our pledges to the Burmese people by giving them the same measure of self-government as we are offering to India. I look upon them as one of the most progressive races among our Eastern fellow citizens, and worthy of the confidence of this House.
I beg to second the Amendment.
I should have imagined this Amendment was out of order, inasmuch as these rules cannot be made applicable to Burma until Burma has been declared a Governor's Province under Section 15 of the Government of India Act, 1919. I must be in error in this, Mr. Speaker, since you have allowed the Motion. I do not propose to follow the hon. Gentleman in his reasons, which are contained in a printed Paper, which, like him, I received from the legal deputation which has come from Burma. I do not know to what extent these half a dozen barristers from Rangoon really represent the Burmese people. It is very doubtful if they do. There is no means of determining their representative character. I admit freely that the people of Burma are as intellgent and as highly educated and in all respects as worthy to enjoy the benefits of government under the Government of India Act as any of the provinces of India proper, while if the influence and power of women be any test of civilisation, Burma is one of the most civilised countries in the world, for the influence of women is not only exerted, so to speak, behind the Chair, but on the Floor of the House, and in every walk of life they are not only the equals, but I should say the superiors of men, whom they far surpass in industry and, I think, in intelligence and most other respects. Education there is really advanced. That is due, I believe —I do not know how far these observations will be acceptable in all quarters of the House—chiefly to the close connection of education with the religion of the country. The result is that they are one of the most educated peoples in the world. I do not wish to go into what appears to me almost irrelevant for the reason that Burma is not a Governor's Province, but since you, Sir, allowed the hon. and gallant Member for Melton to refer to circumstances in India, I will not refrain from saying that the situation there has very much improved, and that the action of the Government in refraining from imprisoning Mr. Gandhi has led to his influence being enormously decreased, and I believe that there is a very fair prospect of peace. I should like to know from the Secretary of State whether it will be possible to make these rules applicable to Burma, but 1 should suppose that until he takes action to create Burma a Governor's Province that would be impossible.
The meaning of this Amendment is to extend to Burma that extraordinary system of government by diarchy which was brought in by the Secretary of State for India. I must protest against that in every way I can. I know the value of the British mind working in conjunction with the Indian, and I always said that there was no better thing for India than half a dozen Indians and half a dozen Englishmen sitting at a table alternately working out the problems of India. But a government half Government officials and the other half an Opposition of non-officials is perfectly absurd. I protest against the extension of such a system in Burma, and if the Secretary of State accepts this Amendment we ought to divide the House upon it. Lord Lytton in introducing these rules in the other House stated, speaking of the various problems that confronted the Committees in framing these rules, that the problem was to divide the revenues between the two halves of the provincial governments. We can imagine what a time the various financial members of the Governor's Councils in India will have in bringing in their accounts so as to allow one half to the official half of the Government and the other half to the unofficial Opposition. It is as if we asked the Chancellor of the Exchequer when bringing in his Budget here to give half the receipts to Ministers sitting on the Treasury Bench and the other half to the Opposition.
The point is that Burma is not India and that as this system of Diarchy has been applied to India we have to try to make a success of it; but to extend it to Burma would be a grave responsibility. If there is to be any new experiment in Burma I think that that country should be treated more like Egypt. Egypt is a small country with 12,000,000 inhabitants, and a special mission under Lord Milner was sent out to inquire as to the system of government that should be set up there, and if any new constitution is to be made for Burma a similar commission should be sent out to inquire what is right for Burma. We cannot extend this system of Diarchy on the mere ipse dixit of the Secretary of State without fresh inquiry. To do so would be ultra vires. I hope the Secretary of State will give us an assurance that no such system will be imposed by his simple word in Burma, but that when any question of a constitution differing from what now exists arises strict inquiry shall be made locally where all people and all classes can represent their views.
I do not think this Amendment can possibly be accepted, because it is an Amendment which in form is conditional upon rules being applied to Burma. All the other Amendments which have been proposed were Amendments to this set of rules, which are definite rules before the House, and this simply means referring the rules back to the authority from which they came, to have them altered so as to apply some indefinite powers to Burma. Apart from that, Burma is not a "Governor's province," and therefore these rules, which deal entirely with the form of constitution in a Governor's province, could not be applied. Burma could be made a Governor's province by notification under the Act. I am afraid I differ from the hon. Gentleman who has just spoken. After prolonged discussion and careful inquiry by my council and a committee appointed in the India Office we have come to the conclusion that, despite the efforts of the Governor of India and the Government of Burma, no constitution could be founded in Burma which in the long run will be satisfactory, except something similar to the constitutions of the provinces of India. I do not say that the same subjects should be transferred, and the same principles of election cannot be applied without inquiry. There being a difference of opinion between the Secretary of State in Council and the Government of India and the Government of Burma, I cannot contemplate that it would be possible to exercise the notification powers. What I propose, therefore, to do is not to deal with Burma at all to-night, but next Session to introduce a short Bill, the object of which would be to bring Burma into the scheme of constitutional reform.
I hope that at the beginning of next Session the House will carry out what has already been agreed to generally, namely, the appointment of a Standing Committee on India jointly with the other House. I hope that the Committee will consist of nine Members of each House, and I do not propose that any Member of the Government shall serve on it. If the Bill which I hope to introduce receive a Second Reading, I will propose to refer it to that Standing Committee, together with the schemes of the Government of India and the Local Government. Then it would be for Parliament and not for the Secretary of State to decide, but I hope to be able to convince the Committee that the principles of the scheme, as a transitional method, for the other provinces of India, is the best that could be found for Burma. I state that as a reason for not having included Burma in these rules, and for not having been able to accept the Amendment.
We have just had a very important announcement from the Secretary of State, and I hope I shall be allowed to put one or two questions with the idea of elucidating the matter further. I am one of those who regrets the continual delays in settling this Burmese question. I cannot agree with the hon. Member (Sir J. D. Bees) that the Burmese barristers represent no one but themselves. At any rate, we on the Joint Committee accepted them as entitled to speak for a considerable section of Bur- mese opinion when they appeared before the Committee and gave evidence. I am sure that, on the whole, there will be general satisfaction in Burma that Burma is to be the subject of a separate Bill. Many Burmese gentlemen have always held the view that the constitution of a Governor's Province in India was not ideally suitable to Burma, though they would take that rather than nothing at all. What they prefer is a separate constitution. The right hon. Gentleman says that the Bill to be introduced next Session will be submitted to a Joint Committee of both Houses, on which no Member of the Government is to sit. Do I gather from that that the Government will leave their Bill and the two possible alternatives, one the proposal of the Government of India and the other the proposal of the Government of Burma, entirely in the hands of the Committee without any guidance from the Government? If so, is the new Joint Committee to be a Select Committee? That is to say, is it to hear evidence? Is the Committee to be impartial, to send for the right hon. Gentleman or for any representative of the Burma Committee or anyone entitled to speak for the Government of India, and will the Committee be entitled to hear Burmese gentlemen who wish to put the pros and cons on any one of the possible constitutions to be considered? The status and constitution of that Committee are still rather in the air. A considerable number of people in Burma are watching this question very carefully. I receive weekly a Burmese paper, at which I occasionally look, and I know that the Burmese people are enormously interested in their fate.
The Secretary of State told us it was to be a constitution somewhat analogous to the constitution of a Governor's Province of India. Has he finally come to the conclusion, he and his Council, that it is right that Burma should be regarded as a quasi Governor's Province, that is to say, as an integral part of India, or has he decided that Burma is to be regarded as a separate entity from India? I have always taken the line that Burma should be detached as far as possible from India. I still hold the view that by dragging Burma to Delhi and mixing it up with Indian affairs, you are attempting to bring into India a people and an entity which had better be kept apart from India and be allowed to develop on its own lines separately. Of course, there are considerable numbers of Indians in Burma, and they present a separate problem, but if you take the Burmese politicians and officials out of Burma and they have to cross the sea to get to Simla and Delhi, I doubt whether you will be doing Burma a good turn. Could the Secretary of State tell us now whether this new Bill is to be on the lines of the further incorporation of Burma with India, or on the lines of the separation of Burma from India? I hope that the Bill will be introduced at the earliest possible moment next Session. There is a general feeling that this matter has been put off for a very long time, and that the continued disagreement, or rather differences of opinion, between the Government of India and the India Office, are not very helpful towards an amicable settlement of the question. The sooner differences of opinion of that kind can be cleared up in a constitutional manner, the less chance there is of trouble. Burma has been astonishingly free from trouble in the past. It is inhabited by a delightful people, and it is one of the most delightful countries of the Empire. I hope there will not be unnecessary delay in coming to the final decision on an outstanding question whch has been ventilated in Burma and this country ever since the right hon. Gentleman went on his trip to India.
I wish to support what the last speaker has said, for I have received representations similar to those mentioned. The statement made by the Secretary of State is very important and I believe it will be received with general gratification. Can the right hon. Gentleman give an assurance that the Bill will be introduced next Session at a sufficiently early stage for it to be passed into law during the Session?
I beg the House not to discuss the prospects or details of the Bill now. My object in making the statement I have made was that I wished to give the House an assurance that I had no intention of proceeding by notification with regard to the constitution of Burma, and that I hoped the Amendment then being considered would not be pressed. I do not think it would be in order for me to give the details suggested. It is repeating only what is fairly common knowledge to state that there is a difference of opinion between the Secretary of State in Council and the Government of India.
I cannot allow the statement of the right hon. Gentleman to pass without expressing my very sincere regret. I have not been to Burma, but I came across a good many Burmese officials in India, and one and all said, "Thank God, the Secretary of State has left us alone!" The Burmese people are most charming, and they happen to be extraordinarily contented, but I am confident that the statement made by the Secretary of State will not be as pleasing to the English community in Burma as has been suggested. The right hon. Gentleman said quite frankly that he will bring a Bill before the House for the Government of Burma. I feel that he might have taken Lord Melbourne's advice and left things alone for a year or two. Burma is contented to-day. The right hon. Gentleman admits that his proposal is contrary to the views of the Government of India and the Government of Burma. Therefore, it is exceedingly unlikely that the proposal will be carried con amore. India is in the throes of an election, and nobody knows what the result of the new constitution will be. I strongly urge the right hon. Gentleman to allow at least a year or two years to elapse in order that we may see how the new constitution inures, and that he should leave poor little Burma alone until he and the other rival governing powers in India can make up their minds as to what is best for Burma.
I beg to ask leave to withdrawn the Amendment.
Amendment, by leave, withdrawn.
Main Question put, and agreed to.
Resolved,
" That the Draft Rules under Section l of the Government of India Act, 1919, which were presented on the 11th day of August be approved, subject, however, to the following modifications, namely:
Page 3, Rule 1 (2), at end, insert ' and for different provisions of these rules.'
Page 7, Rule 15 (1), line 5, leave out from ' jurisdiction ' to the end of the sub-rule, and insert ' The share so allocated shall be three pies on each rupee brought under assessment under the said Act in respect of which the Income Tax assessed has been collected.'
Page 7, Rule 15 (2), line 6, leave out from ' equivalent ' to the end of the sub-rule, and insert ' Of the amount which would have accrued to the local government in the year 1920–21 (after deducting the provincial share of the cost of special Income Tax establishments in that year) had the pie-rate fixed under sub-rule (1) been applied in that year, due allowance being made for any abnormal delays in the collection of the tax.'
Page 9, Rule 20, after ' contributions,' insert ' and assignments.'
Page 11, Rule 27 (2), at end, insert,—
(3) The local government of a Governor's province shall have power to sanction any expenditure on transferred subjects which relates to the heads enumerated in Section 72D (3) of the Act, subject to the approval of the Secretary of State in Council or of the Governor-General in Council, if such approval is required by any Rule for the time being in force.
Page 16, Rule 41, leave out from the beginning of the Rule down to ' without,' and insert ' No allowance and no special or personal pay shall be sanctioned for any post or class of post or for any Government servant.'
Page 21, Schedule I., Part I., entry 44, at end, insert ' 45. The "Public Service Commission,' and re-number entries 45 and 46 as 46 and 47.
Page 27, Schedule I., Part II., entry 47, leave out ' other public services within the province,' and insert ' public services within the province, other than all-India services."
Resolved,
" That the Draft Rules under Sub-section (2) of Section 2 of the Government of India Act, 1919, which were presented on the 11th day of August, be approved."
Resolved,
" That the Draft Rules under Sub-section (3) of Section 4 of the Government of India Act, 1919, which were presented on the 11th day of August, be approved."
Resolved,
" That the Draft Rules under Sub-section (3) (a) of Section 10 of the Government of India Act, 1919, which were presented on the 11th day of August, be approved."
Resolved,
" That the Draft Rules under Sub-section (3) {h) of Section 10 of the Government of India Act, 1919, which were presented on the 11th day of August, be approved."
Resolved,
" That the Draft Rules under Sub-section (1) of Section 12 of the Government of India Act, 1919, which were presented on the 11th day of August, be approved."—[Mr. Montagu.'}
Roads Bill
Considered in Committee. [Progress, 10th December.]
[Sir E. CORNWALL in the Chair.]
CLAUSE 13.—(Penalties.)
(1)If any person uses any vehicle without having a licence under the Finance Act, 1920, as amended by this Act authorising the use of that vehicle, or being a holder of a general licence or general licences issued under this Act uses on any road at any one time a greater number of vehicles than he is authorised to use by virtue of that licence or those licences, he shall be liable to an excise penalty of twenty pounds, or an excise penalty equal to three times the amount of the duty payable in respect of the vehicle or vehicles, whichever is the greater.
Proceedings for a penalty under this Sub-section may be brought at any time within a period of three years from the date on which the offence was committed.
(2) If any person in connection with an application for a licence for a vehicle or a carriage makes a declaration which is false or which is misleading in any material respect, or if any person being required by virtue of this Act to furnish particulars in connection with a change of the registration of any vehicle furnishes any particulars which are false or which are misleading in any material respect, he shall be liable on summary conviction to a penalty not exceeding one hundred pounds, or to imprisonment with or without hard labour for a term not exceeding six months.
(3) If in any proceedings under this Section any question arises as to the number of vehicles used or as to the character, weight or horse-power of any vehicle or as to the number for persons seated by a vehicle, or as to the purpose for which any vehicle has been used, the burden of proof in respect of the matter in question shall lie on the defendant.
(4) All penalties and forfeitures recovered under or in pursuance of this Act, whether by a county council or by any other person, shall be paid into the Exchequer in such manner and in accordance with such directions as may be contained in any Order in Council made under this Act.
I beg to move, after Sub-section (3), to insert a new Sub-section—
" (4) If any person forges or fraudulently alters or uses or fraudulently lends or allows to be used by any other person any mark for identifying a vehicle or any licence or registration book under this Act, he shall be liable on summary conviction to a fine not exceeding £50, or to imprisonment, with or without hard labour, for a term not exceeding six months."
I wish briefly to thank the Government for moving this Amendment, which covers the point put by my right hon. Friend the -Member for Hammersmith (Sir W. Bull) and myself in a proposed new Clause later on the Paper.
Amendment agreed to.
I beg to move, in Sub-section (1), after the word "person" [" if any person "] to insert the words "keeping any vehicle."
Under the Clause as it stands, if any person uses any vehicle without a licence, I think a passenger might be liable. Suppose a vehicle is owned by my right hon. Friend and he lends it to me, and I borrow it in good faith and use it, and then find that my right hon. Friend has not taken out a licence, I should be liable to the penalties under this Clause. I therefore suggest that we should put in the words "keeping any vehicle."
I regret we cannot accept this Amendment. The object of the Government is to secure that a person using an unlicensed vehicle shall become liable. There might be cases where a man might own a car which was taken out against his wish, and in that case it should not be the owner who should be liable, but the person using it, if the car were not licensed. Further, I would point out that under these new proposals there is no excuse for a person using an unlicensed vehicle, because the licence has now to be placed conspicuously on the vehicle.
Amendment, by leave, withdrawn.
Further Amendments made: In Sub-section (1), leave out the words " without having," and insert instead thereof the words "for which."
Leave out the words " authorising the use of that vehicle," and insert instead thereof the words " is not in force."
Leave out the words "on any road."— [Mr. Neal.]
I beg to move, in Sub-section (1), to leave out the words " three years," and to insert instead thereof the words " twelve calendar months."
There are very heavy penalties in many directions under this Bill which are somewhat out of proportion with other offences against the law, and I therefore hope my right hon. Friend will see fit to accept this Amendment, which will secure that proceedings for a penalty under this Sub-section may be brought only within a period of twelve months from the date on which the offence was committed.
I am sorry we cannot meet my hon. Friend in this matter. This is a revenue collection Clause, and the precedents are all in favour of three years. The one which I have in my hand at the moment is taken from the Customs Laws Consolidation Act, 1876, Section 257, which reads:
" All suits, indictments, or informations brought or exhibited for any offence against the Customs Acts in any court or before any justice shall be brought or exhibited within three years next after the date of the offence committed."
I would point out also that in committing an offence under this Sub-section the individual is not only committing a fraud on the revenue, but on his brother motorists who are contributing their proper share towards the Road Fund.
I think it seems rather hard that the period of three years should be allowed to remain, especially in view of Sub-section' (3) of the Clause, which places a very heavy disability on certain people. I think the Amendment is reasonable, and I regret that it cannot be accepted.
Amendment negatived.
I beg to move, in Sub-section (2), after the word "is" [" declaration which is false or which is "], to insert the word "intentionally."
This raises a question which was discussed on Friday, but I think the word ought to be inserted here. If any person in connection with an application for a licence makes a declaration which is false or which is misleading in any material respect, he will be liable to a fine or imprisonment, and I think it is only right to put in the word " intentionally."
I will accept this Amendment.
The word surely ought to be made to apply to a false declaration; it should be " intentionally false," and not only " intentionally misleading." Could not the word "or" be made "and," so that it should cover both " false " and " misleading"?
I must pay the greatest deference to any suggestion from my hon. and learned Friend, but I think on consideration he will agree that what he suggests is not necessary. At any rate, that is what I am advised.
I certainly meant the word " intentionally " to come in before " false " and not only before " misleading." Supposing I am applying for a licence for my car, and perfectly bonâ-fide I say the horse-power is 26.5. It is a second-hand car, and the vendor told me it was 26.5. I fill up the form, and two months afterwards my right hon. Friend inspects the car and says it is 27.2. My declaration is therefore false, although made bonâ-fide on my part, and I should be liable to a fine or imprisonment unless you insert the word "intentionally."
I should not have accepted the Amendment if it had been moved before the word "false." If a declaration is false, it is implied that a criminal offence was intended, according to the best advice which I can obtain, but where you come to the word "misleading," I agree that you want the word " intentionally " in. In regard to the illustration given by my hon. Friend, who said that he might have made a certain statement as to the horse-power of a car, I would point out that if he was buying a car which is registered, the registration book would show him exactly what its capacity was, and therefore his statement would not only be false, but it could have been discovered to be false by the buyer taking reasonable care. I think there is no precedent for saying that if he were an innocent person there could be a conviction, for any defendant proving that he made a statement innocently would be entitled to be acquitted. I am advised that that is the case. As the Amendment stands I am ready to accept it, but I do not know that under the rules of the House it can be Amended on the earlier line.
8.0 P.M.
I am sorry I must appeal to my right hon. Friend the Minister against the view that has been expressed by the Parliamentary Secretary. What is the position? There is an alternative "or" that was suggested by my hon. and learned Friend should be changed into " and." The object my hon. and learned Friend had was this, that as the words stand, if a defendant is convicted of either of these offences, either making a false declaration or making an intentionally misleading declaration, he may be punished. If my hon. and learned Friend's suggestion is accepted he must be convicted of both. The suggestion of the hon. Baronet is that the maker of a false declaration must make it intentionally or knowing it to be false. I put it to the right hon. Gentleman that where the maker of that false declaration does not know it to be false he should be protected by the words " intentionally or knowing it to be false " being inserted in this paragraph. The statement of the Parliamentary Secretary comes to this, that the onus of proof would be shifted from the shoulders of the prosecution to the shoulders of the defendant. According to all principles of English law it is the duty of the prosecution to prove the guilt of the individual. Without the word "intentionally" the words as they stand will have the effect of convicting a man who has made a false declaration not knowing it to be false. But suppose I am wrong, and supposing the view of the Parliamentary Secretary is correct, then what harm is there in making it perfectly clear that you are only going to punish a man who makes a purposely false declaration? I hope that on reconsideration my right hon. Friend will see that the view I put forward is a reasonable one.
The way in which I should like the Sub-section to read is this: "… makes a declaration which is intentionally false or misleading in any material respect." That is plain English, it is perfectly simple, and it covers the right hon. Gentleman's idea. May I point out that if you are going to accept the Amendment of my hon. Friend, it would read in this way: " … which is false or intentionally misleading in any material respect." There you have the word " intentionally" in the one case and not in the other, and it will be at once said by anyone interpreting the Bill that you intended some distinction, and the result will be that all sorts of intricate difficulties will arise. It will be sufficient under this to produce an inaccurate declaration made without knowing, and a perfectly innocent person may be convicted. By Sub-section (3), if you take proceedings, the onus is upon the person to prove his innocence, which is entirely contrary to all principles of English law. I have some experience in these matters, and I do earnestly press the matter upon my right hon. Friend for his consideration.
He is rather a bold layman who intervenes in a dispute of this kind between lawyers, but since the point was raised, and while my hon. Friend the Parliamentary Secretary was replying, I had an opportunity of consulting my advisers on the subject, and I am told that it is quite clear that " false " means knowingly false. The hon. Baronet says, " Why not put it in? " My answer is, if you begin in matters of this kind putting in additional words for words whose meanings are well understood, you import a different meaning to them. I am also told that the principles which my hon. and learned Friend who has just sat down enunciated as well as other hon. Members, that a man in this country is not assumed to be guilty until he has been proved guilty, do not apply. These words are, I believe, taken from various precedents in the Collection of Revenue. Acts, under which the onus of proof is placed upon the person accused of a false declaration. Whether I am right or not, what I suggest to the Committee, in order that we may get on, is this, that we adopt the Amendment of the hon. Baronet as moved, namely, after the word " is " insert " intentionally," which carries us so far, and then between now and the Report stage I will go into the thing and see what my advisers say. There is no intention of bringing in an unduly severe provision, but we believe we are right in following precedent.
Amendment agreed to.
I beg to move, in Sub-section (2), after the word "are" [" which are misleading "], to insert the word "intentionally."
The same point occurs here, but in an even worse form. Not only does it apply to a person who has applied for a licence, but to anybody who is required by virtue of this Bill to furnish particulars in connection with the change of registration, and if such a person inadvertently gives a wrong return to some registration authority, he would be liable under this Bill. Will my right hon. Friend reconsider this point as well between now and the Report stage?
We are willing to accept this Amendment. If I find I am incorrect, we can have it reversed.
Amendment agreed to.
I beg to move to leave out Sub-section (3).
I do not know whether this Sub-section will come under what the right hon. Gentleman has promised us on Report, because it goes to the root of the whole matter of British custom that a man is deemed to be innocent until he is proved guilty. The right hon. Gentleman said just now that there is a precedent for such a provision as this, but I do not think that a wrong, even if there is a precedent for it, should be perpetuated. In matters of this sort we are not dealing with criminals or persons of low moral sense. No persons stand higher in the moral sense than British business men, and here we do not give them the benefit of British law and practice. There is another point in connection with this Sub-section. It is made retrospective for a matter of three matters. It seems monstrous that after three years a defendant must prove his innocence. That seems to be a travesty of justice. This is a far wider provision, and I do not think we should accept a principle of this sort, however numerous the precedents may be. If necessary I shall press this to a Division. I do hope my right hon. Friend will see his way to delete the Clause altogether.
I desire to meet my hon. Friend in this matter if it is found possible, but the precedents are against it. The particular precedent to which I invite his attention is found in the Inland Revenue Duties Act, 1869, Section 27, which is the legislation dealing with these local taxation licences, of which motor licences are only one class, and it would be a somewhat extraordinary thing if we left the remaining licences in their present position and specially altered the Statute with reference to motor users. But the matter need not be finally concluded at this stage of the Bill, and if the Amendment is not pressed, my right hon. Friend will consult the Law Officers of the Crown, and see if it is possible to meet the views of the hon. Member.
I am very grateful to my hon. Friend for having given this view of the matter, but I should like to reserve the question for the Report stage.
Question put " That Amendment be, by leave, withdrawn."
I object to the Amendment being withdrawn.
Does the hon. Member for Whitehaven (Mr. Grant) withdraw the Amendment?
We shall have an opportunity on the Report stage of raising this matter.
On a point of Orders Surely an Amendment cannot be withdrawn by an hon. Member without the leave of the House?
I thought the hon. Baronet misunderstood the hon. Member in the sense that he had not withdrawn the Amendment. I understood the hon. Member to ask leave to withdraw the Amendment, and I put that to the Committee.
I rose to speak.
The hon. Baronet rose, I thought, because the hon. Baronet did not understand that the hon. Member had withdrawn the Amendment.
Amendment, by leave, withdrawn.
It being a Quarter past Eight of the Clock, and leave having been given to move the Adjournment of the House under Standing Order No. 10, further Proceeding was postponed, without Question put.
Mr. SPEAKER resumed the Chair.
Ireland
Disturbances (Cork)
I beg to move, "That this House do now adjourn." I rise to move the Adjournment of the House under very grave circumstances indeed, and I intend, if possible, to keep my remarks circumspect and, I hope, fitting to this extraordinary and serious state of affairs with which we are faced to-day in Ireland, and particularly in the City of Cork. The House, and, in fact, the whole world, is aware that on Friday the Prime Minister made a statement in this House in which, in one direction, he appeared to me to make a step forward, and to open a door to possible negotiations with the leaders of the majority of the Irish people, and, in the other direction, he made the grave declaration that martial law would be imposed in certain portions of Ireland. Let me say at once that, in a way, I welcomed both declarations of the Prime Minister. I do not wish to say anything about the first, except that it did seem to open up a road which might be followed towards negotiating some sort of peace. But with regard to the statement as to martial law, I must say, from what I know of recent events in Ireland, the strict application of martial law—law which was strict and just, and, above all, under the direction of humane, chivalrous, and experienced officers of the Regular Army—would be far superior to the anarchy and the negation of any sort of law which has been ruling since the late summer over the great part of the South and West of that country. Therefore I am not making any attack on the Government's step in declaring martial law.
On Saturday, the English newspapers contained the declaration that His Excellency the Viceroy had placed certain areas under martial law, in which the county of Cork and the city of Cork were included. A sermon was preached on on Sunday by the Bishop of Cork, a very distinguished divine, in which he denounced murders and violence on both sides. He particularly dwelt on the iniquity of ambushes and the sniping of the armed forces of the Crown. He also condemned violence and illegal reprisals on the other side. He was, of course, by no means the first ecclesiastic in Ireland to do this, as for many months past many ecclesiastics in Ireland—in fact, I believe, all ecclesiastics—have denounced murder in no light terms. I am glad my hon. and gallant Friend opposite agrees with me, that, in spite of the representations of unscrupulous organs in this country, and, I am afraid, unscrupulous organs in certain parts of Ireland, the hierarchy of Ireland have denounced murders for months past. But this was a particular sermon of the Bishop of Cork in denunciation of murders and reprisals On the Saturday afternoon, I think about 6 0'clock, near to Cork, a lorry load of auxiliary police was ambushed. The newspapers here say that bombs were thrown into the lorry by some young men behind a high wall. I want here to say, in the strongest possible terms, that the authors of that outrage were doing a grave dis-service to the cause of Irish peace, and those of us who have the real peace of Ireland at heart feel as strongly as, or possibly even stronger than other Members who claim to speak for Ireland, in horror at these acts, and are disheartened by these assaults on the armed forces of the Crown.
I think the policy of sending these single lorry loads of troops about Ireland for no apparent purpose, without armoured protection, in a hostile country, is questionable. I do not know why it is done. They are called patrols, and they indulge in a lot of reckless firing. There has been an unfortunate number of deaths as a result of this reckless firing. I do not want to go into that now, but I do wish to put this point, that these patrols of police, in unarmoured lorries, are unjustified, in view of the state of Ireland, and I do not see what good purpose they serve. If the idea is that they will terrorise the population, that is a policy which I do not think in its better mood even this House would commend. If it is the object to terrorise by sending these lorries full speed across the country, and recklessly firing, it has obviously not succeeded, because they are still being ambushed, and I think it is a grave reflection on whoever is responsible for the use of the police in Ireland that these apparently aimless patrols are still being allowed to proceed through a hostile country, with tragic results, such as that on Saturday at Dillon's Cross, near Cork. Following the bombing of this lorry, and the terrible woundings and, in fact, death of one of the police, according to "The Times" and other newspapers, three men called Delany were dragged from their houses and murdered. I hope when the right hon. Gentleman comes to reply that he will give us as full information about the murder of these three Sinn Feiners—because it is stated they were that—as he has had about the murder of the Cadets and the Auxiliary Police. It is stated in the papers that they were dragged from their houses and murdered. That night—that is, Saturday night— damage which, according to the papers, was estimated at £3,000,000 was committed by fire. That, together with the ambush of these unfortunate Auxiliary Police, is the main reason for my Motion to-night.
I need not go into the details of this. The newspapers very properly are filled with these events which cannot be hushed up even by the journals who are most friendly to the Government. According to these, the City Hall, the second biggest in Ireland, was gutted, and, according to the newspapers and from reports I have had, this is the third attempt that has been made to fire the City Hall. During the last three weeks when former attempts had been made to fire the City Hall, the firemen on each occasion have succeeded in extinguishing the flames. On this occasion—I am again quoting "The Times " newspaper—the firemen, who did their best, were driven out of the building at the point of the revolver. I would very much like to know who drove them out. It has been stated that they were officers of the Crown, but that is what we want to know! The Carnegie Free Library in Cork did not, perhaps, contain the priceless manuscripts that were in the library of Louvain, but the headlines of every newspaper in every city of the world will contain more about the Carnegie Free Library than even our newspapers did concerning the library of Louvain. There is less going on in the world at present.
The point, however, I wish to make at this juncture is this: that I have gone through a great many English newspapers this morning, and they apparently for the most part take it for granted that this burning was started by servants of the Crown. One of the staunchest supporters of the Government, and a paper which never loses an opportunity of making an attack upon myself, of which I do not complain—
Ah!
Oh no, I am not so sensitive to newspaper attacks as some of my hon. Friends—I refer now to the " Evening Standard " which in its leading article this evening apparently takes it for granted that there is a prima facie case for inquiry, as they do not take it that the burnings were done by Sinn Feiners resident in Cork. It is stated that the fire brigade were worn out by the many calls members have had night after night during the last three weeks owing to incendiary fires in Cork. Other newspapers declare that two of the houses opposite each other in the centre of the City where fire Was started were inhabited by notorious Sinn Feiners. It is said the fires were started by someone who tried to prevent them spreading. But apparently the wind, or something else, prevented the fire being put out, and the flames spread. However, you cannot get away from the fact that enormous damage has been done to the very heart of the third place in Ireland. In spite of all the right hon. Gentleman the Chief Secretary has said on previous occasions, and may say to-night, that it is impossible to find out the perpetrators, you cannot hide up the £3,000,000 damage, and we want to know who did it.
I have evidence that I am now going to produce before the House that this was done by officers of the Crown. I will very briefly produce some of the evidence. I could produce a very great deal more, but I will produce only a little. I hold in my hand a letter from a well-known priest in Ireland—well-known in hunting and racing circles. [HON. MEMBERS:" Name ! "] I will give the name in confidence to either my right hon. Friend opposite from Ulster (Mr. Moles), or to the hon. Gentleman sitting on the Front Bench opposite (Colonel Lowther), when I have finished my speech.
On a point of Order. Is the hon. and gallant Gentleman entitled to quote from a document the authenticity of which he will not disclose to the House?
There is no Rule compelling a Member to give the name of the writer of a letter which he reads.
This is a private letter, but I will show it to my hon. Friends immediately I sit down, if they wish it. It is from a well-known sporting priest whom I knew in happier days in Ireland—when I myself followed the hounds. He writes as follows:
" I make bold to forward you the enclosed cutting from the ' Cork Examiner.'"
This cutting is very short, and I will read it to the House later. He says:
" The people of this country are living in a state of terror that I cannot picture. In Cork City—murder every. night by forces of the Crown whom nobody dares to identify. There are no inquests, and if anyone gives evidence before a military tribunal you are a marked man, and death or destruction of your property will follow. Raids and looting in almost every case; and in very many cases the people will not. even mention the looting for fear of further reprisals."
He then goes on to say—well, a word of praise of myself which I do not propose to read to the House. [HON. MEMBERS: "Oh!"] Well, I will read it then. [HON. MEMBERS: "Hear, hear!"] The writer says:—
" If all Englishmen were as good as you there would be no Irish question to settle, for Dominion rule would satisfy all moderates and, I am confident, even Sinn Feiners."
The letter continues:—
" The only protection we have is Parliamentary publicity. Murders, arson, looting during Curfew hours during every night; Horrible! But invariable result—shot by some person or persons unknown, though no one dare show their face during those hours but forces of the Crown. Cork citizens do not shoot one another during Curfew or any other hours, nor do they burn their neighbours' houses. I will make bold to ask you to call the attention of the House to those cases."
The writer goes on to deal with the shooting of a man named Fleming, which is not relevant to my argument now. He then signs his name, which I will show to any hon. Member. He is a middle-aged priest of an unimpeachable character, widely respected in the county of Cork, and this is his letter that I have read. I have here another letter, also written from Cork. The letter states that the Forrest's drapery store was burnt down by the Black and Tans on the evening of 30th November in full view of the officers and staff. The letter says—referring to Forrest's large warehouse in Patrick Street—
" At 12 o'clock—the ' Examiner ' office is right opposite for they clearly saw it all— having set fire to the adjoining shop, the officer and two others entered the ' Examiner ' office, called for the Editor, who at the time had fled to the roof, and threatened the lives of those present if the enclosed advertisement was not printed next day. Threatened at the point of the bayonets they inserted the enclosed. I have heard this from three of the staff of the ' Examiner,' but they dare not say anything at present, as their premises have been threatened by fire. It is not a Sinn Fein paper, but an ordinary business one."
It is a constitutional paper.
:According to this letter what was inserted under duress was this:—
" Notice.—We have been requested to publish the following: Anti-Sinn Fein Society. Cork and district circle. Membership 2,000. and still growing. To all Cork citizens. Take notice that any householder known to shelter any rebel, or who is known to subscribe to any rebel funds, or to assist in any way the murderous gang of assassins known as Sinn Fein, had better increase his or her fire and life insurance, as it will be needed. It will be wiser than buying spurious Dail Eireann Bonds. Remember 1641. Remember 1798. By Order of the Committee, J. P. H. D., Secretary."
That was on the 1st of September, and martial law was not proclaimed until last Saturday. On Friday evening, 10th December, the " Cork Examiner " had these two notices in large type in the middle of the paper:
"We have received the following: —
Notice
If G. Horan is not returned by 4 o'clock on to-day (Friday), 10th December, rebels of Cork, beware, as one man and one shop shall disappear for each hour after the given time.
(Signed)
' B's and T's.' "
Immediately underneath appears the following notice:
" We have received the following: —
Important Notice
We, the undersigned, do now give the male sex of Cork City notice, ' which must be adhered to forthwith,' that any person of the said sex who is seen or found loitering at street corners, or on the pathways, without reasonable excuse why he should be there, or any man or boy found to be standing or walking with one or both hands in his pockets will, if he does not adhere to this order, suffer the consequences which will no doubt ensue.
(Signed)
SECRETARY OF DEATH OR VICTORY LEAGUE.
GOD SAVE THE KING AND FRUSTRATE HIS ENEMIES."
That appeared in a widely circulated journal like the " Cork Examiner," and I want to know if the right hon. Gentleman's Intelligence Service is worth anything at all, has it got
" During the past week the people of Cork—men, women, and children—have been held up in the streets of this city and robbed of all they possessed; hundreds of shops have been looted and unoffending citizens publicly whipped, shot, and, it is to be feared, in some cases burned alive in their homes. The principal business quarter of the city bombed, burned, and destroyed by the armed forces of the Crown—"
indicated dissent.
The Chief Secretary shows signs of dissent. I am simply reading the telegram sent to me by the Chief Magistrate of Cork and two hon. Members who have been returned to this House, but who have not taken their seats. If this is the opinion of leading Irishmen, I think we have the right to ask for some evidence from the right hon. Gentleman that will refute it, and dispose of all these ideas about the armed forces of the Crown doing these deeds. The same telegram goes on to say:
" Rendering thousands of people homeless and workless. We demand that you press for the immediate withdrawal of the Army of Occupation.—O'Gallagan (Lord Mayor). Walsh, M.P., Roche, M.P."
I have read the telegram just as it came, and as it has been handed to me. I am going to make these two demands, and I hope they are reasonable, and I believe they will commend themselves to the majority of my countrymen, and I hope the House will support me in them. First of all, I demand that there should be a cessation of these reprisals in Cork, and means should be taken to prevent further arson and wild shootings. There has been too much of the nightly bombings and sounds of rifle shots after curfew hours. After all, I take it, no hon. Member wishes to wage war upon women and children, and the burning of dwelling-houses in this weather means war upon women and children in all stages of health, who must suffer from terror, disturbances, and homelessness. I have never made any statement in this House as to the deliberate woundings of children by rifle shots or bayonets, but the burning of dwelling-houses over the heads of young families is almost as bad, and is much more inhuman than shooting them right away. I tremble to think of the loss of young life that must have happened owing to the terror-stricken inhabitants having had to take to the hills, and the whole city of Cork is panic-stricken. Why does not the Chief Secretary have the courage of his convictions in this matter, and prosecute those who are responsible? Why does he not prosecute the great journals in this country if they are stating what is untrue.
Will the hon. and gallant Gentleman tell me the authority under which you can prosecute papers in England, Wales, or Scotland?
I believe under the Defence of the Realm Act the right hon. Gentleman has power to prosecute any paper for publishing statements which cause sedition. In any case, why does he not bring in emergency legislation, because he can do anything with this House of Commons?
The hon. and gallant Member is rather going off the track. What he is now discussing is not raised by his Motion. I have allowed him some latitude, but I wish to remind him that he is not dealing with the Motion which he has brought forward.
I apologise. I regret if I went outside the terms of my Motion. The demand I make is that this thing should be stopped, whoever is doing it, and that real martial law should he put into operation, especially in the City of Cork. We have heard that General Strickland, on a former occasion when an attempt was made upon his life, and his motor car was shot at, took personal and successful steps to stop reprisals. I hope he will do it again, when his life has not been threatened. I see it is stated he has been waited on by a deputation and has undertaken that looters shall be shot. I hope they will, whoever they are. If even servants of the Crown get out of hand and loot "they should be shot. We remember the story of the Duke of Wellington hanging two soldiers for stealing a fowl. We approved of that. It would he possible to stop looting among the disciplined forces of the Crown in Ireland much more easily than it was for the Duke of Wellington to do it among his forces in Spain. Ireland is not Spain. She is not a foreign country yet, and I hope the murderers on both sides during these times are going to be dealt with with the utmost rigour of the law. It is not enough for the right hon. Gentleman .to get up and in his Bombastes Furioso style to declare that the police are gallant ex-soldiers who gallantly served in the War. There are black sheep in every fighting force.
And you are one of them.
I may be a black sheep, but not—
I say you are a disgrace to the Service.
May I call attention to that observation? Is it not entirely out of order?
The hon. Member must withdraw it.
I withdraw it, and apologise to you, Sir.
Apologise to the hon. Member.
Certainly not.
On a point of Order. May I call attention to the fact that the hon. Member declines to apologise to the hon. and gallant Member. He said he would rather be chucked out of the House than apologise to the hon. Member.
That was not a remark of which I need take notice. The hon. Member who made the remark complained of, in compliance with my request, withdrew it, and apologised.
The hon. Member withdrew it, but he carefully said he only apologised to you, Sir. He would not apologise to the House.
I represent the -House.
He also said lie would not apologise to the hon. Member, and I understand he distinctly repeats that he will not do it.
I, for the moment, represent the House, and he made the apology to me. That is the proper course.
I would like to remind the right hon. Gentleman that on a previous occasion when he declared he had not one tittle of evidence with regard to the destruction of creameries by these same gallant ex-officers he was forced to admit, later on, that creameries had been destroyed by his servants and he had to make another excuse. I have stated my first demand. I think it is a reasonable demand We have a right to demand that the indiscriminate shooting and burnings going on in Cork should be put down, by whomsoever carried on. My second demand is that there shall be a strong impartial inquiry into these cases at Cork. It is not a thing to be put off by Bombastes Furioso. It is too big a thing to be put off by the denials which the right hon. Gentleman says he has received from his servants on the spot. We have a right to insist on an inquiry, and I hope the House will so insist. It should be an inquiry presided over by an impartial person. I would prefer someone who is a judge of evidence. It should get to work at once. There is a stain on our honour. It has to be expugned, and, however many people suffer, discipline must be restored. After all, there is some higher power even than this Government. This case has been likened by the Prime Minister to the War of Secession in the United States. I would rather liken it to the War over Cuba. In the war in Ireland we are playing, unfortunately, the part which Spain played in Cuba. I do not like the outlook at all. Anyone who watched the progress of the late War with a knowledge of events must have seen that there was something fighting against the Germans over and above the Allies. I have heard the expression used that the gods in their courses fought against Germany throughout 1914. I only hope if we enter into another war for an unjust cause the gods will not fight against us.
I beg to second the Motion. 1 am glad of the opportunity of associating myself with my hon. and gallant Friend in the course he has taken in securing a discussion on this very serious and important matter. As a fairly old Member, perhaps I may be allowed to offer a word of advice to the hon. Member for Walthamstow West (Mr. Jesson), and to suggest to him that, however strong our feelings may be, in Debate one should never forget the com radeship which ought to exist in the House of Commons. I am certain that the hon. Gentleman who ejaculated that my hon. and gallant Friend was a disgrace to the Service, which we all know he adorned during the War—
Oh, oh! I shall have something to say about that.
Which we all know he adorned during the War, and adorned it somewhat more than some men who never went out. I suggest to my hon. Friend below the Gangway opposite that before the Debate concludes he should seek an opportunity to withdraw the implication which he made. I do not want to say anything to make the situation in which we find ourselves more difficult. These happenings, call them reprisals or not— are damaging to the name and honour of this country in every part of the world. That is an extremely serious consideration. I want to be quite frank with my right hon. Friend the Irish Secretary. The hon. and gallant Member for Hull has used a phrase about him which I think all of us recognise has some little substance. We know his bluff nature, but I should like to say quite frankly to him that every Member of this House sympathises with him in the work in which he is engaged.
You are making it easy for him!
That is a kind of remark that will not help orderly discussions. I frankly admit that I am as hard a hitter and as hard a fighter as there is in this House, but I am willing to give up any political advantage, any opportunity of scoring, even against the Coalition, if I can get peace in Ireland. Cannot we all enter on this task in that spirit? What worries me is how my right hon. Friend happens to know so intimately the details which rebut the evidence that seems to be against him, and does not know the evidence in favour of the other side. I will give an example of what I mean. This afternoon he said, quite fairly, that he had not had time to get sufficient information about Cork, that he did not know who was responsible for the incendiarism there. But he did know quite definitely that the hoses of the fire brigade had not been cut—
I said I had no evidence.
I do not want to make a point against my right hon. Friend, and I hope he will not enter into a reply with the idea that I am trying to make a point against him. I think it is a disadvantage to his position that, when that kind of evidence is adduced, he is always able on the spot to rebut it, but that, when the major evidence is concerned, he always wants so much time for inquiry. Let us weigh that in the balance of the note on which I started my speech, that we both desire peace. I want to go one step further. We on this side have frequently asked my right hon. Friend why we cannot have an inquiry into affairs of that kind. He said this afternoon that he was quite sure that this was not the work of any Government officials. The police were not concerned; the so-called Black and Tans were not concerned; the military were not concerned. If he is so sure of that, an inquiry would leave us without any case at all.
Until the next occasion.
9.0 P.M.
To my hon. and gallant Friend, who has often made speeches in this House in quite another vein than his interruption, I would say this-that, if you had an inquiry on one occasion, and then it happened again, we should still be in a worse position. The onus of the argument would be against us. I say deliberately, and I believe that my colleagues on this side of the House will agree, that we are willing to submit a particular case of this kind to an absolutely impartial inquiry, and I will state what I mean by an impartial inquiry. I mean an inquiry by a small number of men whose names and qualifications and reputations are unassailable. I would take two men, for instance, on both sides of politics. I would take Lord Cave, whom' we used to know here as a man of sound and right judgment; I would take Lord Buckmaster, an ex-Lord Chancellor, a man of extraordinary legal ability; and I would ask those two men to go to Cork under the chairmanship of an impartial chairman; and, if you will excuse my making the reference, Mr. Deputy-Speaker, I mean under the chairmanship of a man like yourself-a man whose judgment would not be impugned at all by the people of this country, and a man to whom my right hon. Friend and the Government would at once agree as being the kind of man whose judgment would not betray them. I say deliberately that if, after investigation on the spot, an impartial tribunal, consisting of three men like Lord Cave, Lord Buck-master, and the Deputy-Speaker of the House of Commons, came back with their Report, this House would accept that without any challenge, and we should know precisely where we were.
Up to the present, whatever may happen in the future, force has failed. It does not matter to me whether this has been done by the police or by Sinn Feiners—although I cannot understand how it can have been done by what are known as rebels. I want to put that on one side and to say that, at any rate, force has failed. This has been done within a few hours of the establishment of martial law, within a few hours of the offer which my right hon. Friend, or, rather, his Leader, made on Friday in this House-an olive branch in the one hand and a sword in the other. I do not believe that, if you mark off any area in Ireland, you will disenable those who want to do these things from slipping through that area and doing these things in other parts of the country. I do not believe you will get the Dail Eireann to meet with the embargo that has been placed—
:That is going away from the terms of the Motion. The Motion is limited to the particular incidents of Saturday.
I was not going any further than that. I was only asking, seeing that this has occurred within 24 hours of the establishment of martial law, whether the new policy would help. I am tempted to say a great deal more, although I do not want to do so, in view of the number of Members who desire to take part in the Debate; but I do urge upon my right hon. Friend to abandon for once, if he has the will and the inclination, the desire to state the case on facts which cannot be proved in this House-which we have to accept on his word, and believe or disbelieve just as we are prejudiced or unprejudiced. If my right hon. Friend, on behalf of the Government, will allow us, through this House, to say to the country that, when the heart has been burnt out of one of the biggest cities in Ireland, you are prepared impartially to investigate that by a tribunal which will command the respect of his and my fellow-countrymen, it will be a step which may lead those people in Ireland who are opposed to you to agree that your bona fides is really assured, and will put behind you a volume of public opinion in this country which will probably lead to a settlement sooner than all the petty quarrels that we might have in this House.
The hon. and gallant Gentleman (Lieut.-Commander Kenworthy) moved the Adjournment of the House on a definite matter of urgent public importance. It is a question of Ireland, and I regret to say I can only see three of the Irish Members here to support him. They are three very distinguished Members, but at the same time is seems surprising that if this is a matter of astounding and amazing importance to Ireland, and if the hon. and gallant Gentleman is right in moving the Adjournment, he should be supported by only three members of the Irish party.
May I remind the hon. and gallant Gentleman that there are only seven of us altogether, and two of them are ill.
:Then one would have thought he would have been supported perhaps better by the Labour party. It may be that this is the dinner hour and, bad as the food is in the House of Commons, hon. Members prefer a second-rate dinner to a second-rate speech. Therefore I shall be very brief. The hon. Member (Mr. Hogge) said "Let us all be friends. Why cannot we settle this matter? There is no better judge than the Chief Secretary for Ireland. Let him sit at the head of a little committee with Lord Buckmaster and Lord Cave, and no one will doubt the verdict of this tribunal."
:I am sorry the hon. and gallant Gentleman has not been able to listen quite accurately to the speeches which have been delivered. What I suggested was a committee consisting of such men as Lord Cave, Lord Buckmaster and the Deputy-Speaker, but no one involved in the Irish Office.
:Although the hon. and gallant Gentleman (Lieut.-Commander Kenworthy) made for him what I consider a very temperate speech he is not judged by that. He is judged by the attitude he has taken in this House day after day. He is judged by the questions he has asked every afternoon. He has taken up the attitude of the anti-English Englishman who extends the hand of anarchy to all the enemies of our country. He ought to stand for the Sebastopol Division of the Crimea or the Kremlin Division of Moscow. Those are the descendants of the men who a hundred years ago glorified Napoleon. They are lineal descendants of the men who left us the heritage of Majuba and abandoned Gordon.
:Is this strictly germane to Cork?
:I think the hon. and gallant Gentleman is coming to Cork.
The hon. and gallant Gentleman has repeatedly condoned the attitude of Sinn Feiners. He hurls his anathemas at the heads of men who are wounded, and even lose their lives in the execution of their duty. Time after time he has done it.
:I have condemned whole-heartedly the assassinations of Service men. I have not condoned that for a moment. I should like to make that quite clear.
:I do not think the hon. and gallant Gentleman means it. He could not have been an officer in the Royal Navy, as I believe, he was, and descend to such methods. He is the mouthpiece of the " Daily Advertiser," the "Mid-day Advertiser," the " Evening Advertiser," and, if there is an all-night sitting, the " All-Night Advertiser." He has crowned himself with the halo of martyrdom, and he really cuts a very poor figure in the new " Daily Mail." I appeal to him as a sportsman to alter his methods. Let him extend the hand of sympathy to the relatives of those who have fallen in the execution of their duty. Then he will be listened to far more than he is in this House, and then there may be a chance of that pacific settlement which my hon. Friend hopes for and prophesied earlier in the Debate.
I hope my hon. and gallant Friend (Colonel Lowther) will forgive me if I do not follow him in all he said, and I hope he will not say the unkind things of me that he has said of the Mover of this Motion. When the Motion was brought forward I stood up and helped to carry it. At the present moment all that we know is that there was an outrageous and a dastardly murder in Cork, and that was followed by a great outrage in Cork. Who were the authors of that outrage no one in this House can say, because we have no evidence. We have heard what the Chief Secretary has said, and we have heard what he has received in the shape of a telegram from the Lord Mayor of Cork. What the Chief Secretary has said points to the probability that the murder gang were at the bottom of the destruction in Cork, but we cannot say. We have not the evidence. The only thing he has said is that the forces of the Crown were not provided with incendiary bombs and that the murder gang was, and on that statement the induction is that the murder gang would have been responsible. But every hon. Member who takes the trouble to think about it at all will feel that there is only one thing the enemies of England are going to say, and that is that it was the forces of the Crown who were responsible, and that is the reason why I am very glad we are debating this question. Last Friday, when there was a question of debating the larger issue of the Government's proposal and policy, I should very much have regretted to see that discussed on the Floor of the House. A step forward has been made, and I do not want to see that step go back because of discussion and violent passion in the House. But if the House of Commons had to-night refused to discuss this question, not only would the enemies of England have said, "It is the forces of the Crown that are responsible for these outrages," but they would also have said, " They are backed by the House of Commons, because the House of Commons dare not have an open discussion." A discussion of the kind we are having to-night is doing, at least, some good. Something has been drawn from the Chief Secretary. He has told us of the very fine performance of an English soldier. He has told us that General Strickland, when he was shot at, refused to have any reprisals. It is a very great advantage that the world should know that. I should like to tell the Chief Secretary that there is one thing that I resent and I deprecate in the attitude of himself and that of a number of other hon. Gentlemen who speak on the same side, and that is, that because some of us have the audacity to criticise the policy of the Government, we are therefore defending Sinn Fein and condoning murder. I have soldier friends in some of the worst areas in Ireland. They are men of the very highest distinction. I had the honour of going through very hard campaigns with those men, and I have seen them wounded; and I very much resent any suggestion that I am not thinking of their lives. As a matter of fact, to people like myself it is almost a nightmare to think what these men are going through. It was the same during the War-when one was at home one's thoughts were always with the men who were going through the terrible experiences of the War.
I am glad that we have had this discussion, and I hope that it will be kept up in the tenour that has prevailed up till now. I hope that we shall all deprecate violence; that we shall all deprecate foul murder and the equally bad results of foul murder, reprisals. I trust that the sense of the House will go in favour of the Motion for this reason, that England, Great Britain, is great enough and clean enough to have her doings investigated. We have made mistakes, like other peoples, in the past, but we have always had this virtue that we have always been ready to say, " Well, look at what we have done," and when we have made mistakes we have always been ready to cancel the mistakes.
I am sure that every hon. Member of this House has the utmost abhorrence of murder in whatever form and from whatever direction it comes. What took place in Cork on Saturday was about the worst and most serious event of its kind that has happened in Ireland up to the present time. The hon. and gallant Member (Colonel Lowther) devoted the whole of his speech to criticising my hon. and gallant Friend who introduced the Motion, a quite unnecessary undertaking; but he kept altogether away from anything like facts in connection with this very serious case. I should like to review this serious event with a view to seeing whether there is really a prima facie case for the Chief Secretary to answer, and I submit that he has a very serious case to answer. Let us put a few facts together. We read in the newspapers, which is the only information we can get, that the ambush occurred between 7.30 and 8 o'clock at night, and that the fires broke out in the city at 10 o'clock. Therefore, there was an interlude of two hours between the one offence and the other. At 10 o'clock the curfew was put into force, and then I think I am right in saying that the people have to remain indoors, and the only people in the streets are the military.
It is insinuated that the fires were caused by the Sinn Feiners and not by the forces of the Crown. To whom did the destroyed property belong? I think I am right in saying that the public buildings were the property of the town, and the houses largely the property of Sinn Feiners. In Cork you get Sinn Fein sympathy largely running throughout the whole town. Therefore you get, as it were, Sinn Fein property and Sinn Fein sympathy right throughout the whole of Cork. Is it at all likely that Sinn Feiners would destroy their own property out of vindictiveness? For what? To hide, I suppose, the event which took place earlier in connection with the ambush. What was the result of the fires? Some 300 houses were burnt to the ground, 2,000 people thrown out of employment, and 1,200 rendered homeless. Is it conceivable that Sinn Feiners in Cork out of revenge for nothing at all—for there is no bona fide idea—would be likely to commit injury of that kind upon themselves? We read in the "Cork Examiner" a terrible notice with regard to a man that if he did not appear within a certain time his house would be burnt down and destroyed over him. That was apparently signed officially by the authorities of the Crown in Cork. I mention this case because I want the right hon. Gentleman to answer it and explain how it arose.
My right hon. Friend says that there is no evidence that there was a reprisal. I suggest that the whole facts point to the conclusion that there was a reprisal on the part of the forces of the Crown. Every time that there has been anything like an ambush or a murder it has been generally followed by some arson or looting on the part of a body of men, and that points to the fact that on this occasion the arson and the looting must have been done in revenge for what took place earlier. I think I am right in saying that my right hon. Friend has not denied that sometimes there have been reprisals. He told us that when a General had been fired at he went back to his station and said, "No reprisals." If there were no reprisals, why did that General make such a statement? I think that conclusively shows that at some time reprisals have been going on. If anyone ought to know the true facts of the case it is my right hon. Friend. May I say this, in the name of the whole House, that the right hon. Gentleman is in every respect the soul of honour, and that if he was convinced that anything like reprisals took place he would not get up in his place and say anything to the contrary. Does he not agree that I have shown that there is a primâ facie case to answer? Unless my right hon. Friend is able conclusively to show that I am wrong in my view, and that my hon. and gallant Friend (Lieut.- Commander Kenworthy) is wrong, there is only one thing to do, and that is to have a proper inquiry into the matter. I believe that such an inquiry would win the confidence, not only of the British people, but of the Irish people, if it were made by a British judge or judges or by a Scottish judge or judges. Surely it is best that the thing should be threshed out. What can be the object of these reprisals? Only revenge. It is apparently revenge on the part of the Black and Tans. Those are the people who, we are told, are guilty of most of these acts of revenge. Revenge is nothing more than insanity. You will not get anything like peace in Ireland so long as this goes on. If you want peace, you must act in the more humane and more reasonable manner. By all means put down crime where it arises, destroy houses if bombs are thrown from them, if there is anything like a repetition of what took place in Sydney Street, do all you can to destroy the criminal, but, whatever you do, do not touch the innocent. Innocent men, women, and children claim your sympathy and your protection.
I hope that in what I am about to say I shall be able to avoid raising feeling of any description. At the same time, the happenings in Cork during the week-end have been of such an alarming character that I am strongly convinced that the people of this country will expect something to be said in the House to-night regarding them. At the moment the affair seems to be involved in a considerable amount of obscurity, too much obscurity to permit anyone to attempt to assess the responsibility. Some of us hold the view, however, that if the Irish situation had been handled in a different manner within recent months such wanton destruction, murder, and terrorism would have been avoided. On the 20th October my right hon. Friend the Member for Widnes (Mr. A. Henderson) moved the following Resolution: Some of us believe that if that had been agreed to by the Government much of what has happened since then would have been avoided. The Government refused to accept this Resolution, however, and the House defeated it by a considerable majority, and since then we have had a series of tragedies following rapidly one after the other. Since them we have had 14 officers murdered in Dublin, the shootings in Croke Park, the members of the auxiliary forces held up and shot at Macroom, and now this series of tragic events in Cork during the week-end. In the interests of the Government itself there ought to be an inquiry, and it ought to be of the strictest kind, because, as has been pointed out already, statements are being made from both sides, the one side blaming the other. My hon. Friend the Member for East Edinburgh (Mr. Hogge) said that if an inquiry was going to be held we on this side of the House would accept the decision, whatever it might be. In my opinion, it is not so much a question between this side of the House and the other side of the House as between the Irish people and the British nation.
During Question time this afternoon the Chief Secretary for Ireland said there was no evidence that the burnings in Cork during the week-end were the work of any section of the forces of the Crown. On the other hand, we have the leading citizen of Cork, substantiated by two Members of Parliament for constituencies in Ireland, asserting that what happened in Cork was the work of the armed forces of the Crown. The point that is in dispute is between the people of Ireland and the people of this country, with the world looking on, and if we are to hold the place in the world that we have held up to the present time, it is up to us to have this matter inquired into, and the responsibility for the happenings placed upon the right shoulders. With all the emphasis that I can command, I want to impress upon the Government the necessity, in its own interests and in the interests of the people of this country, for agreeing to an immediate and strict inquiry. As someone has said, what happened in Cork during the week-end is probably one of the biggest of the whole series of these tragic events in that unhappy country. If this sort of thing is to go on there is no saying where it will end. On Friday we had the Prime Minister setting forth in a speech the steps the Government were prepared to take with a view to securing peace between the Irish people and ourselves in the near future. I regret to say that in addition to an outline of the steps towards securing peace, it was intimated in that speech that martial law was to be proclaimed, a suggestion with which I personally disagree, as I do not think it is a step that will lead to the peace that I would like to see between the Irish people and ourselves. Within 24 hours of that speech being delivered, we have a whole series of tragic events in the city of Cork. There can be no peace if that sort of thing is to go on, and it will lead to such a condition of affairs as will discredit the people of this country in the eyes of the other nations of the world. I hope the Chief Secretary will be prepared to accept the suggestion for a Commission of Inquiry, and that it will be set up at the earliest possible moment.
Will those who have spoken permit me to say that I appreciate what I consider is the new atmosphere in the House in discussing these very difficult questions that arise in Ireland, and I especially appreciate the very kind remarks of the hon. Member for East Edinburgh (Mr. Hogge) when he expressed what I feel certain the whole House feels, their regard for my own difficulties and the difficulties of my loyal colleagues in all parts of Ireland in carrying out what is, after all, our duty according to the wishes, indeed the mandates, of this House of Commons. This is a Motion for the Adjournment in order to call attention, first to certain shootings and burnings in Cork, and, in the second place, to call attention to the failure of the Government to protect life and property in Cork. He deplored the shootings and burnings and deplored the failure, which I do not admit, of the Government to protect life and property in Cork and elsewhere. It is not easy to protect life and property in all parts of Ireland. It is not easy to protect life and property in England. There was a most disastrous fire in Liverpool the other day notoriously started as part of the Sinn Fein conspiracy. The perpetrators of the outrage have not been arrested. One gallant lad on the way home from a mission in his church has lost his life, and his murderer has not been captured. The difficulties of protecting life and property in the face of this conspiracy of Sinn Fein is a difficulty not only in Cork, but is a difficulty in this country, and in my opinion it will remain a difficulty until the conspiracy is crushed at the source, which is the function I have to try to perform. Let me deal first with what I must consider, though other Members maintain different views, the great calamity in Ireland to-day. It is not the loss of property, but the loss of human life, and I think that upon reflection no one will deny that no serious Debate was ever raised in this House or in this country about reprisals until the burning of a shirt factory in Balbriggan.
:They murdered two men.
That is the fact. I put the loss of life first. Therefore, I regret that one Auxiliary lost his life in ambush on Saturday last in Cork. The House will be glad to learn that the eleven wounded auxiliary policemen are doing well. I regret the loss of life in Cork of one Sinn Feiner named Delany and the wounding of two other Sinn Feiners in Cork during the weekend. I am glad to say that up to the present there is not the slightest evidence as to the loss of life due to these fires in Cork except one. A woman who was looting was shot during the loot. Other than that there is no evidence that a child, woman or man lost their lives during this regrettable disaster in the city of Cork during the week-end. Therefore, I do not think that hon. Members should talk about the loss of lives of men, women and children as if there were a deluge of deaths sweeping over this unhappy city. The lives involved are happily few. The destruction of property is large, but I say frankly to this House, whether hon. Members agree with me or not, that I regard a human life as more important than a city hall; and when I emphasise the murder of brave soldiers and policemen and civilians I do it because I hold, I think, the scale with proper balance. The life is the important thing, the irrevocable loss. Property can be restored, probably will be restored, at no very distant time. I emphasise, as I have always done in reference to Cork, that the murder of individuals is more important than the burning of private houses. The hon. Member for Central Hull stated that 300 have been burnt. I have no information as to that. The hon. Member makes no attack upon the declaration of martial law. Indeed, he welcomes it. The speech of the Prime Minister was intended to be, and was, a most friendly speech to the people of Ireland who do not wish crime or violence. It received universal acceptance throughout this country, and, indeed, other countries. I know that the right hon. Member for West Fife (Mr. Adamson) does not accept martial law as a good thing. I think it not only a good thing, but an essential thing that is should apply to the' four counties, Cork included.
It is better than no law.
Martial law will be administered by the Commander-in-Chief of the Forces in Ireland and under him by General Strickland, the gallant officer commanding the Munster Division of the Irish forces, and he has absolute power under martial law as appears from this order which was issued by him following the outbreak of fire in Cork: ad hoc to inquire into a question of this kind.
Dealing with the alleged evidence the hon. and gallant Member for Central Hull and the hon. Member for Central Portsmouth, while they properly disociated themselves from any sympathy with the murders of our gallant servants of the Crown, the whole burden of their speeches was to show our servants of the Crown were responsible for these fires. He was a "sporting priest" whose evidence the hon. Member did not accept. This " sporting " priest is alleged to have said that the fires were started by the forces of the Crown. That is important. I hope the hon. and gallant Gentleman will send the name of the "sporting " priest to General Strickland.
If you will guarantee his safety.
I am certain that every witness who gives evidence before a court-martial will be secured safe conduct by the forces of the Crown. I cannot accept the statement of a sporting priest as evidence that these fires were caused by forces of the Crown. When the sporting priest talks about murder day by day in Cork by forces of the Crown, he is not speaking the truth, however "sporting" he may be. [HON. MEMBERS: " Very funny; look at the Law Officers laughing!"] Not a word does the priest say about the murder of seven policemen having occurred in Cork before this fire. The other kind of evidence produced was threatening letters signed by black and tans and sent to Sinn Feiners. I have no knowledge of those letters. It is against the law for anybody to send a threatening letter in Ireland and people are regularly punished for it. I regret that in Irish history one of the common forms of intimidation is the sending of threatening letters. I get dozens of them every week.
And so do I.
I hope the hon. and gallant Member takes them in the way I take them. Threatening letters as evidence of crime by forces of the Crown are not good evidence. They are not sufficient evidence to convict the hon. and gallant Gentleman or anybody. I think the quoting of threatening letters in this House shows a lack of appreciation of one of the sad characteristics of Irish history.
They are published in the newspapers.
A more substantial point—more substantial in its origin than in its accuracy—was a letter signed by two Sinn Fein Members of this House and by the Lord Mayor of Cork, or rather a telegram, in which it was alleged that certain persons were roasted alive in the fires in Cork. [HON. MEMBERS: "No; burned alive!"] That was the gist of the statement. There is not the slightest evidence as to it. It is a very serious thing to say in this House, after trying to prove that certain houses were set on fire by the troops or the police, that people were burned to death as the result of that crime. That is the evidence of Sinn Fein Members of this House and of the Lord Mayor of Cork. This is the telegram:
"During the past week the people of Cork, men, women, and children, have been held up in the streets of the city and robbed of all they possessed. Hundreds of shops have been looted and hundreds of unfortunate citizens publicly whipped and shot, and it is to be feared, in some cases, burned alive in their houses. The principal business quarters of the city burned and destroyed by the armed forces of the Crown, rendering thousands of people homeless and workless. We demand that you press for the immediate withdrawal of the Army of Occupation.—O'Callaghan (Lord Mayor of Cork); Walsh, M.P.; Roche, M.P."
The hon. and gallant Gentleman has asked me to have an inquiry set up at once. An inquiry has started. It started to-day, under the orders of General Strickland, and it finishes to-morrow. I shall have a wire sent over to-night to General Strickland, asking him to call before his tribunal Lord Mayor O'Callaghan—it is perfectly fair—and Mr. Walsh and Mr. Roche, the two Sinn Fein Members of Parliament. As the names have been quoted in the House, these witnesses should turn up.
A safe-conduct?
We will give them the safest possible conduct, and that is a safe-conduct by His Majesty's forces. A point about these gentlemen is that not one of the three has ever condemned the murder of a policeman or soldier. [HON. MEMBERS: "How do you know?"] I know. We have the papers read very closely. When Lord Mayors make speeches in Cork they are always reported verbatim. There is no question about that. These Sinn Fein Members have never condescended to take their seats in this House with the rest of us, but they have an opportunity now of saying that they are opposed to crimes of violence, by accepting the Prime Minister's invitation to meet and dissociate themselves from these murders and outrages, which alone preclude the people of England through their representatives, and the people of Ireland through their representatives, from making an amicable and, I think, a permanent peace. Therefore, I am glad that the hon. and gallant Gentleman read the telegram, and I shall act upon it.
I want to make a protest against the hon. and gallant Gentleman comparing the burning of the City Hall and the Carnegie Library to the sacking of Louvain by the Germans. There can be no comparison, in fact, in intention or in result. In the first place, the sack of Louvain was an attack on the whole city, its total destruction with great loss of life. The City Hall and the Carnegie Library were not fired, according to the evidence I have, but were burned down as the result of the spread of a fire which the local fire brigade and the forces of the Crown were unable to stop. I see a great difference between firing a building as a building and that building being burned down because of the spread of a conflagration. The hon. and gallant Gentleman asks for the rigid carrying out of martial law in Cork and in the area in which it is declared, in the interests of everybody concerned. That will be done. He asks for a cessation of burnings and shootings. There will be a cessation of burnings and shootings, except legitimate burnings and shootings, by the forces of the Crown.
When are they legitimate?
I will say when they are legitimate. When troops are fired at from a building they are entitled to burn the building down. When the hon. and gallant Gentleman compares that sort of legitimate action on the part of troops with the sacking of Louvain, he must keep his comparison to himself. The hon. Member for East Edinburgh (Mr. Hogge) asked for an inquiry, but that question was considered by the whole House. The policy of the Government and the conduct of its servants in Ireland are a matter for this House; and not for an inquiry set up for a specific purpose. At the present time Cork is under martial law, and no Government could tolerate an inquiry by civilians into their conduct of martial law in any area.
Surely it is worth while trying to reach agreement. The House did decide against an inquiry some time ago, but this is the biggest thing that has occurred. [HON. MEMBERS: "NO!"] It is by far the biggest thing, and the biggest amount of damage that has been done in Ireland. [HON. MEMBERS: "What about lives?"] My suggestion is that, in spite of the fact that martial law has only been in operation for 24 hours, it will be worth while to set up the kind of inquiry which I suggest, which, obviously, could not be favourable to us at all. The three names I suggested were Lord Cave, Lord Buckmaster, and the Deputy-Speaker of the House of Commons as Chairman.
I have answered that. I do not think any Government could have an inquiry of any kind in an area under martial law. I know the difficulties. A Labour deputation recently went to Ireland, and I know as well as they know the great difficulty they had in getting impartial evidence, and I will tell you one reason. You might as well try to hold a court of inquiry in no-man's land during the War as hold a court of inquiry in the disturbed parts of Ireland. General Strickland is the general officer responsible for the whole of the government of the court-martial area, and he is primarily responsible for the good conduct of the forces of the Crown and of every civilian. It is the pride as well as the interest of a general to see that his inquiries are impartial, and he can make an inquiry in a way that no civilian body could make an inquiry. He can take the Lord Mayor of Cork and bring him in under escort to give evidence. He can bring whom he will, and if they refuse to give evidence, he can sentence them till they do. He has all power, and he is the only person in a court-martial area who, to my mind, is able to hold a fair inquiry, and he will hold it. I do not consider the burnings in Cork the worst thing that has happened in Ireland. I repeat that the worst thing that has happened in Ireland is the brutal sacrifice of human life. There is just one point with reference to the speech of the hon. Member for Central Portsmouth (Sir T. Bramsdon), in which he endeavoured to fasten the blame on the forces of the Crown for this and other crimes. He said: "How could Sinn Feiners be accused of burning down the houses in Cork, because they belonged to the Sinn Feiners?" I will give him a list of three houses or stores in which the fires started in Cork, with their owners and their politics. They are as follows: Cash and Company, a limited liability company, in which two Unionist families have control. No Sinn Fein about that. Grant and Company, of which Sir Stanley Harrington is chairman, one of the most respected Nationalist citizens. The Munster Arcade, run by an old Liberal firm of Robertson, Ledlie, and Ferguson. No Sinn Fein about that. Those were the three cases where these fires started.
How do you know that?
10.0 P.M.
I wired over for it, as I anticipated an allegation something similar. I have drawn no conclusions myself, but I would ask the hon. Member for Central Portsmouth not to draw conclusions either. As he has specifically said that these houses were owned by Sinn Feiners, I felt it my duty to give the facts in order that he might draw what conclusions he will. With reference to the remarks made by the hon. and gallant Member for Yeovil (Mr. A. Herbert), and the remarks of others, especially the right hon. Member for West Fife (Mr. Adamson), in which he says that he is afraid of what the world will think of us, and of what our enemies will think of us, personally, I never bother about what our enemies think of us. The only part of the world that counts for us in this great trouble in Ireland is the part of the world that wishes us well out of our difficulties, and I have yet to see one comment, secret, official, or unofficial, from any civilised Government in the world condemning His Majesty's Government for its action in Ireland. I have seen many communications wishing them well in one of the most difficult tasks that ever confronted a Government, namely, the putting down of a conspiracy which during the time of the War grew strong and powerful, and which cannot be wiped out in a minute, but which will be wiped out in a much shorter period, I think, than one could have anticipated a short time ago. I myself quite agree with the argument that we have long held, as a country and as an Empire, a premier position in the esteem of the world. I agree that we hold it now as strongly as ever, and there could be nothing more contemptible than to give in, whatever the cost, to gangs of assassins, who, by murder and arson, endeavour to intimidate this country into a surrender. We would then be deserving of the contempt of the world. To my mind, we enjoy its respect now because we are dealing with this conspiracy fairly and fearlessly, and will continue so to do.
On the question of reprisals generally, may I read to the House the last Order of General Tudor, the Police Adviser, to his policemen in reference to this particular question, so that I can make it clear, as I have tried to do again and again, that there is no such thing as a policy of reprisals. The Commander-in-Chief, General Sir Nevil Macready; General Tudor, the Head of the Police; and myself have done our best to stop anything that might be called reprisals. Here is his Order, dated 4th December:
What is that from?
That is from the "Weekly Summary." I will make the hon. and gallant Gentleman a present of my own marked copy.
:Mr. Speaker—
I must ask the hon. and gallant Member not to keep up a running comment.
I wish the document to be laid on the Table. I understand that is the practice, and that was the reason for my interruption.
The right hon. Gentleman had just said he has no objection to giving the hon. and gallant Member his copy.
It is not the same thing. It is not laying it within the Parliamentary meaning.
I thought the hon. and gallant Member was an advocate of economy. It would take a large expenditure to print a document, the main portion of which has been read, and which the right hon. Gentleman has said he is willing to hand to the hon. and gallant Gentleman. If he wishes anything more, he can put down a Motion.
This is a House of Commons point. When a Minister or any Member reads from a publication or document, the usual habit is that it should be laid, apart altogether from the question of economy.
I understand there is no objection to laying it, if the hon. Member thinks it worth the money.
Yes, we will have it laid.
I read this more recent Order of Major-General Tudor to our police in Ireland as a sign of the efforts which are being made to check anything in the nature of reprisals. Similar Orders have been issued by the Commander-in-Chief, General Sir Nevil Macready. I urge the House to keep in mind two great outstanding cases where reprisals might have occurred. In the case of General Strickland an attempt was made to assassinate him. There was no sign of reprisals. In the case of Dublin 14 British officers were murdered in cold blood, nearly all of them non-combatants and all unarmed, murdered in the presence of their wives in some cases and under circumstances of the greatest savagery, and the Commander-in-Chief in Dublin, with large numbers of troops and mixed units, different kinds of police and solders, under his command, had no reprisals.
Ten people shot down in Croke Park. What do you call that?
That was not a reprisal.
Yes, it was.
If the hon. Member for the Scotland Division calls that a reprisal there is no use trying to answer him. The destruction of life in Croke Park followed an endeavour to search a large crowd of people at a football match among whom were notorious murderers, and between 30 and 40 revolvers were found.
Is that any reason for shooting?
They fired because they were fired at first of all. In every case in Ireland you get evidence on both sides. I give the evidence of men in whom I have every confidence. You are entitled to take the evidence of others; I do not. In the case of Dublin on that awful Sunday there was no sign of reprisals; and when you have two outstanding, one might almost say historic, cases of the splendid discipline of the forces of the Crown in Ireland, it is hardly playing the game to these gallant men to quote every little burning, or any big burning, without unquestioned and convincing evidence, as attributable to these same men who in the clear cases of Dublin and Cork showed such splendid restraint under almost intolerable provocation. Rather than make the allegation that the forces of the Crown burned Cork, my contention is that the forces of the Crown saved Cork, saved it from absolute destruction. The fires continued late on the Sunday night, but by morning the fire brigade had become exhausted, and the police and military took over their work and spared no effort in endeavouring to check the spread of the fire. The police and military were in charge of their officers the whole time, and they were under perfect control. These are the men who saved Cork. There is no question about that. There is no evidence forthcoming that one of them was the cause of a single fire in this great conflagation, although I admit that between half a mile and one mile from the centre of the city, following an ambush and the killing of one policeman and the wounding of 11 others, certain small houses were destroyed because from those houses bombs were thrown at the police.
The fundamental fact of Cork and the rest of Ireland is this, that all these disasters, whether they be the burning of property, the murder of individuals, or the death by misadventure of women or even children, are the horrible and logical consequence of that conspiracy of the extremists of the Sinn Fein movement to smash the British Empire. The way to stop the consequences automatically is to uproot the cause, and I am glad to say that although there is an intensification of the campaign of murder in Cork and elsewhere, and although bombs are now coming into common use, I believe the percentage of people responsible for crimes of violence is decreasing. It is true that we have discovered an arsenal of bombs in Dublin and in Cork, and in Wexford County seven men were blown to pieces and five wounded while making bombs for the destruction of His Majesty s forces; but I believe that the great majority of Irish people in Cork and elsewhere long for peace, and I think that the Prime Minister's speech on Friday last is a great step towards that end. I welcome what was said by one hon. Member in reference to the Bishop of Cork's sermon on Sunday last, in which he condemned, I believe even to ex-communication from his Church, those who attacked His Majesty's forces. I welcome this, belated though it is, and it is because I believe the majority of the Church of Rome in Ireland wish for peace that I have asked the Bishops and the priests of the Church to undertake the collection of arms illegally held by the people. I can imagine no finer, may I say, no more priestly and patriotic duty, than that of the collection of arms, and until the arms are collected these unfortunate murders, I am afraid, will be unavoidable. The greater part of Ireland is peaceable, and I am hopeful that, before long, and especially in response to the Prime Minister's speech on Friday last, there will open a new chapter, I believe, a happier and permanent chapter for good between the people of Ireland and the people of Great Britain.
I have listened to this Debate and, so far, there have been five speeches from the other side, and with the exception of my hon. and gallant Friend the Member for Lonsdale (Colonel C. Lowther), only my right hon. Friend the Chief Secretary has had an opportunity of replying to those speeches. I do not think it is fair that the people of this country who read these Debates should be under the impression that the 40 Members who stood up to-day for the Adjournment represent by five to one, or five to one and the Minister, the opinion of this House on this question. I will try to control myself and to speak within order and within decency, but some of the speeches to which I have listened to-night make my blood boil with indignation. First of all, what does the hon. and gallant Member for Central Hull (Lieut. -Commander Kenworthy) condescend to say to this great House of Commons? In referring to the almost unspeakable outrage upon members of the forces of the Crown driving in a lorry, he asks, why are those men driving about the country in lorries? Yet his motion is in effect to call the Minister responsible to book because he is unable to produce within 24 hours those who have created this arson in buildings in Cork. He complains of policemen driving in lorries and then he says: "I regret this outrage. I consider that the authors of this outrage were doing a great disservice to Irish peace." Eleven policemen seriously wounded by bombs and one killed, and that is all he had got to say about it. Not long ago 14 policemen were brutally murdered in a lorry and hacked to pieces afterwards, but he never moved the Adjournment of the House. My hon. Friend the Member for Yeovil (Mr. A. Herbert), a gallant soldier, whom we all admired in the War, sits peaceably in his seat when there are fourteen of his brother officers brutally murdered and hacked to pieces, but he comes down not only to stand up in support of the hon. and gallant Member, but to ask why some of his friends are indignant with him. I will tell him why they are indignant. We cannot bear hon. and gallant Gentlemen in this House moving the Adjournment to draw attention to fires because they claim they are caused by ser- vants of the Crown. My right hon. Friend on the Front Bench has said over and over again that if there is any evidence he would like to have it. Will my hon. and gallant Friend have the courage, together with these two Sinn Fein Members of Parliament and the Lord Mayor of Cork to attend General Strickland's inquiry and give evidence, and not merely evidence taken from second-class newspapers, which the hon. and gallant Gentleman produced to-night.
I have absolute confidence that the Chief Secretary for Ireland will deal with real evidence brought before him, and if any of the forces of the Crown are responsible for murder or arson he will bring them to book, as he would anyone else against whom he can get evidence. It really is going too far that at the end of an Autumn Session the time of the House should be wasted by the hon. and gallant Member for Central Hull and his associates—not because 14 of their ex-colleagues were murdered, but because some wild people in Cork had started fires-fires, as the Chief Secretary had said, started probably by Sinn Feiners in Unionist and Liberal houses in Cork, which spread to the Carnegie Library! The hon. and gallant Gentleman compares this to the burning of the Louvain Library, and talks in the most solemn manner that this will ring throughout the world. It is all rot, Sir! We are getting tired of this. We who are really anxious for peace in Ireland believe one word, and one word only, of the hon. and gallant Gentleman, and that was this: that Parliamentary publicity was the only thing that helped these rebels in Ireland, I agree. It is the Parliamentary publicity given by the hon. and gallant Member, the hon. Member for East Edinburgh (Mr. Hogge), and their leader, the right hon. Gentleman (Mr. Asquith) by his speeches in the country—that is what is supporting these rebels in Ireland! That is what is encouraging, them to murder the police and to burn down and damage property, and then blame the police because they know their friends in the House of Commons will get up and screen them and move the Adjournment, and say these things are done by members of the forces of the Crown.
I would really implore the House not to allow this waste of time, but to give their confidence to the Chief Secretary, who really is doing his best, and not to believe the type of remark made by the hon. Member for Central Portsmouth (Sir T. Bramsdon). What does he say about one of the most gallant gentlemen in Ireland, General Strickland? He actually said this: "Surely his action is proof that there are reprisals in Cork." General Strickland was fired at and escaped with his life. Yet the hon. Member for Central Portsmouth asks why should the General immediately go and issue orders that there shall be no reprisals, for that is proof that there were reprisals, or that reprisals were expected. May I ask the hon. Member this simple question: Does not a General commanding 10,000 armed men in a district, and a most popular General, who knows that his men love him, when seven bullets are put through his motor car, and he escapes with his life, know the feeling of the officers and the men, and that unless he can control them, and control them at once, they might, angered by the dastardly attempt to shoot him in the back, do something he did not wish? My hon. Friend, instead of praising the General, said: "That is an argument that reprisals are constantly practiced in Cork." I know General Strickland well. He is one of the most gallant of sportsmen and soldiers. I was with him ten days after the attempt to shoot him. He said little about himself, but what he did say was: "My chief trouble, and the chief trouble of officers and men in Ireland, is these constant Motions in the House of Commons, this constant supporting of rebels in Ireland by Members of the House of Commons." It is our trouble. I appeal to hon. Gentlemen opposite, do not go on with this; stop it; and let the Chief Secretary, and the Government, and martial law bring order in Ireland, and when we have got order we shall have peace.
When I heard my hon. and gallant Friend (Major Hamilton) deliver that very vivacious speech, I was tempted to believe that a Sinn Fein Member had entered the House. I do not know any kind of speech which would better play the game of the extremists in Ireland and likely to destroy any chance of a settlement than the speech to which we have just listened. The speech of the Chief Secretary makes me think that if the Prime Minister is going to have any chance for his settlement, he had better muzzle the right hon. Gentleman. I will give a sample of the temper of the Chief Secretary. He gives us two outstanding cases of the absence of reprisals in Ireland, the murder of officers in Dublin and the case of General Strickland.
On the day when the right hon. Gentleman announced that story which filled me with anguish, shame, and despair, the right hon. Gentleman never mentioned the fact that ten innocent people had been shot down without any provocation whatsoever. That was considered a mere incident, the loss of ten lives including a woman and a boy. That was so insignificant an incident that it was not mentioned by the right hon. Gentleman. My hon. and gallant Friend (Major Hamilton) is shocked at the idea that the very centre and heart of the third greatest city in Ireland should be burned down under suspicious circumstances being considered as requiring the attention of the House of Commons. I accept the Chief Secretary's statement that property in Ireland is not as valuable as life. I do not know how much life has been lost. I see from the papers that many people are missing, and that it is quite possible that some people may have perished in the flames. The right hon. Gentleman says there is no evidence whatever that this work has been done by the armed forces of the Crown. I have read evidence of it, not to-day, or yesterday, but for the last three weeks. Day after day I am sure I must have put some strain upon the impatience of hon. and gallant Gentlemen like the one who has just spoken, by putting questions with regard to the state of Cork. I have prophesied for weeks what is going to take place.
I put questions to the Attorney-General for Ireland on 1st December, 2nd December, and 7th December, and on all these occasions I warned him of what was going on in Cork and I called attention to the incendiary fires in Cork. I called the right hon. Gentleman's attention to the statement that the head of the fire brigade in Cork had complained that when he and his men were starting to put out one of those incendiary fires, they were fired upon and the fire hose was cut. What was the reply of my right hon. and learned Friend? It was that these things had not occurred, but that application was made by the Chief of the Fire Brigade for police protection, and it was given. This thing has been brewing for weeks. Everybody at Cork expected it. It was done by the Black and Tans. [HON. MEMBER: "Prove it!"] What took place at Cork? There was a new body of either Black and Tans or of the Auxiliary Force which came into the city. They distinguished themselves in their usual way. They went round in lorries firing. Some time after there was an ambush in which, of course, to the' horror of every body, and especially of the poor, innocent, peaceful citizens, several were wounded and one killed. At nine o'clock the Black and Tans entered Cork and began firing at large. What happens when such a thing occurs in these times in Ireland, where no life of man or woman is safe? Everybody, naturally, in such a case would fly to his home. At ten o'clock he has to be in his home under the Curfew Law, as they are liable to be shot down if they are inattentive and do not answer the challenge of soldiers. As has happened in other cases, they all went home, and at ten o'clock they were in their homes. Between nine and one or two the next morning these burnings took place. It was the Black and Tans who did it, they were the only people in the streets.
Murders are horrible; reprisals are horrible; but evasion by Ministers, the suppressio veri, the suggestio falsi, the suggestion of officials that political chiefs are responsible for the acts of the soldiers, are more horrible than the murders and reprisals. Yet that is what the right hon. Gentleman has done on every occasion we have brought the reprisals to his attention. I am asked for proof. The proof is in the fact that for two or three weeks I have been telling him what is going to take place. The Government are dealing with this as if it were a surprise. But everybody in Cork expected it, including those who have been appealing to me by letter and by telegram for protection against the horrible destruction which they knew was about to take place. I will go further. I am afraid I may excite the indignation of hon. Members opposite if I quote "The Times" as an authority. I am afraid I shall be ridiculed also if I quote the "Manchester Guardian," of which the right hon. Gentleman says he is a diligent student. The "Manchester Guardian," as everyone knows, is one of the most independent and honest papers published in this country; and the story I tell of what took place in Cork, and of these soldiers running along at nine o'clock shooting at large, is in the "Manchester Guardian." When I ask the right hon. Gentleman why he does not send, or try to send, the editor of the "Manchester Guardian" to gaol, as well as the proprietors of the "Freeman's Journal," he answers, with a, miserable pretext, that he has no powers under the law to punish a paper which issues statements that are false, and therefore are injurious to the discipline of the Army and to the interests of the Government. The "Times" publishes these statements. Why have you not brought the "Times" before the Courts of law? Why, you were afraid to bring Lord Northcliffe even to the Bar of the House of Commons, while you burn the offices and prosecute the proprietors and editors of newspapers in Ireland.
Your whole policy is a policy of suppression. The speech of the Chief Secretary to-night was a speech of suppression. Fair, honourable, decent opportunity was given to him, if he wanted it, of justifying his statements and defending the Forces of the Crown by an independent inquiry, and he runs off on the pretence that really, in times of martial law, you cannot have such an inquiry. Let me remind the right hon. Gentleman that there were conditions in India in some respects similar to the conditions in Ireland. There was a conspiracy, or an alleged conspiracy. Men were shot down; Englishmen were threatened in their homes. But did the Secretary for India get up and say, "Oh, we cannot have a civil inquiry over these gallant officers"? There was a full inquiry, with a judge at the head, with regard to Amritsar. I never thought I would come to envy the lot of the inhabitants of India, but I only ask that the Irish should be treated as well as the Bengalese, and that, if they have their little Amritsars, at least there should be an opportunity of having the question investigated by an independent and judicial tribunal. I will not quote the "Times," and I will not quote the "Manchester Guardian," though their statements are perfectly clear. I will quote the "Cork Constitution." The "Cork Constitution" is the Conservative organ of Cork, and it says: of any city in the three Kingdoms that is proud of his City, it is the Cork man. Every student of literature knows that one of the most beautiful poems in the English language was written by a Cork man. Every Cork man loves every brick, much more every street and every little building in his beautiful city, and we are asked by the Chief Secretary, in face of the evidence of these men in lorries firing at large at 9 0'clock, and being the only people in the street between 10 and 3 0'clock in the morning, to believe that the citizens of Cork, proud of their city, put their incendiary hands to its most beautiful buildings. The whole story is one of the most monstrous pieces of camouflage that even the present Chief Secretary has tried to palm off upon the House and the country.
The right hon. Gentleman says his policy receives the approval of the world, and that this does not injure the reputation of this country with the Governments of the world. Is that true of England? Have you the respect of the 14 Bishops of the Anglican Church who protested against these reprisals? Have you the approval of the Archbishop of Canterbury, who told you that your policy was besmirching the reputation of this country? And everyone knows that if there be men who are more anxious than any other body of men in intervening in political discussions or the expression of political opinion, it is the Bishops of the Church of England, and so revolted have they felt as honest men and as ministers of the Gospel by the policy of the right hon. Gentleman and by reprisals, that they have come out of the tabernacle of silence and reserve in which they usually dwell, and have thereby done a service to the reputation of the Christian community to which they belong, and they have protested against this policy of reprisals. Were they less anxious about the fate of their nation than the right hon. Gentleman? They wanted to save the reputation of their nation from the right hon. Gentleman and his policy. Have you the respect of the world? The right hon. Gentleman says, We do not care for any part of the world except that part which is friendly to us. Is your policy approved in America? The right hon. Gentleman gave an entirely false interpretation of the recent Presidential Election in America. The hatred of your policy drew off a large number of votes from the Democratic party, to which they had belonged for a century, to the Republicans as a protest against the British policy in Ireland. Is Italy a friendly country? The other day in the Italian Chamber of Deputies a deputy spoke of the martyrdom of Ireland, and he spoke amid the resounding cheers of the Parliament of Italy. Is your policy respected in Belgium? I do not know whether the right hon. Gentleman has seen the document, signed, among others, by Cardinal Mercier, and, I think, also by nearly all the Catholic Bishops of Belgium, signifying their profound sympathy with Ireland in the martyrdom she is going through from the policy of the Chief Secretary and his Majesty's Government. Is Cardinal Mercier an enemy? I have some right to speak with feeling about Cardinal Mercier in this connection. When I took up a paper at the beginning of the War and found that Cardinal Mercier was passing through London, after he had taken part in the election of the new Pope the idea occurred to me that he must get a reception from the Irish of London. I did not get his consent to receive this manifestation of Irish feeling in London until one o'clock on the Saturday. I could not get a placard printed, because every printing office was closed at that hour, and yet 20,000 Irishmen and Irish women at three o'clock next day walked in solemn procession past the Cardinal as he stood on the balcony of the Cardinal's house at Westminster, cheering for his country, acclaiming his country, and giving support to his country. I do not know which touched me most, the Irish crying " Vive la Belge, " or the Cardinal's response, " Vive le Roi. " Why did I ask for that manifestation? It is pathetic to me now to look back at the state of my mind at that time and compare it with the state of my country to-day. I wanted the Irish to bind themselves to the defence of Belgium in the War, and by binding them to the defence of Belgium, I bound them to the defence of France, and I bound them to the defence of England. I did so because I thought that the War would lead not only to the liberation of the small land of Belgium, but would inevitably lead to the liberation of my own small land as well. Cardinal Mercier to-day sees his own country liberated, partly by the arms and swords of gallant Irishmen, like the uncle of my hon. and gallant Friend (Captain Redmond), whose body lies in Belgian soil, and whose memory will be honoured for many a generation by the Belgian people, whom he died to liberate.
The hon. Member for East Edinburgh says that he wants to help peace. I would not have taken part in this Debate if I could have avoided it. I want to help peace. No man in the House wants it more. I have spent 40 years fighting for the liberation of Ireland. My time must be short, and I do not want to leave this earth until I have seen my country free, prosperous and reconciled. Is the right hon. Gentleman advancing any chance of settlement by the attitude he took up to-night? Is he going to strengthen moderate opinion in Ireland by taking up the position that the destruction of the greatest part of one of the proudest and most beautiful cities in Ireland is not worth a judicial investigation, and must be left to the General on the spot? That is not going to bring about peace. If you want to bring about peace, you must drop reprisals. You ought to withdraw the Black and Tans. You ought to withdraw the Auxiliary Force. I have not said a word against the soldiers. God forbid that I should say a word against that gallant officer, General Strickland. If every general officer in Ireland had acted as he acted after he had escaped from the bullets of those who wanted to murder him, if every general officer had acted in that spirit, then indeed the way of peace would be open in Ireland. What are you doing now? You are leaving bitter memories behind you every hour. I read in a paper yesterday the inscription which is on a door in Verona: "An Italian woman was murdered by Austrians inside this House." The Austrians have have been out of Verona nearly two generations, but the inscription still remains. I beg the right hon. Gentleman to throw away the worser half of his soul, and to listen to the better half. Try and stop these hideous reprisals. What is wanted between England and Ireland is not merely a change of policy, but a change of heart. In my poor way I have tried to bring about a change of heart between the two peoples, but all my efforts will be futile if the right hon. Gentleman does not sternly put down these acts of provocation and repression. If he will do that, I wish him God speed in every effort that he makes to put an end to this hideous vendetta of blood between murders and reprisals, and to bring these two peoples together.
I am sure that the House will agree that the tone of the hon. Gentleman was most moderate, feeling strongly as he does upon the subject. He promised three times at the commencement of his speech to give proof of his allegations. His surmise may be correct, but I submit that he did not introduce anything which could in any way be regarded as proof as to who was guilty of destroying by fire the buildings in the centre of Cork. The only indirect evidence he could bring was that certain lorries went through Cork firing about nine o'clock. When bombs had been thrown into lorries previously, it was not unlikely that there would be considerable excitement, and that on further lorries going through Cork they would be determined that no more bombs should be thrown; but, if that were so, it is no proof that the men in the lorries pulled up opposite these buildings, and, before suggesting that they were guilty of burning down these buildings, the hon. Gentleman has to prove that they did in fact pull up in front of these buildings and destroy them. There are people who believe that they can do the greatest harm to this Empire by spreading any kind of chaos and revolution. The very people who destroyed millions of pounds worth of property in Liverpool, which was largely American property, may surely be guilty of endeavouring to spread that chaos in Cork, and before there is any definite evidence the hon. Gentleman ought not to say that he has definite evidence against those who are described as Black and Tan in Ireland. It is an appalling fact that these arguments are nearly always one-sided. I suppose that the Chief Secretary has evidence to-day that there were terrible crimes committed in many parts of Ireland last night. We have not heard a single word with regard to attacks on two different police barracks in Ireland last night, and the murder of two soldiers and one policeman in other places. These are going on all the time. I cannot believe that we are ever going to get peace until the whole of this House has ranged itself definitely against the murderers.
Everyone who has been associated with His Majesty's Forces will agree that nothing is more deplorable than that men in uniform should ever find themselves in that spirit of recklessness which may bring about reprisals. How much better it would have been instead of always attacking the Government to have put forward some constructive proposal from these Benches as the only thing that they can see to end reprisals. It would be better for this House to show that it stands behind the Government with martial law, determined to see that every possible power be given to the competent military authorities in any deterrent measures which they carry out wherever these murders take place, but which measures should be under discipline and the competent military authority. The hon. Gentleman quoted bishops of the Church of England. Personally, I am sorry to say that whenever the bishops of the Church of England—for whom I have the greatest respect—enter into politics they are nearly always wrong. It does not help Churches or religious faith if either priests or bishops take part in these great controversies until they have absolutely definite evidence behind their case. The hon. Gentleman talked to us about the liberation of Belgium and Holland, but he has seen a reform very nearly such as he has advocated for many years passed through this House. Does he range himself with those who desire independence in Ireland? If not, will he ever explain to the House on some future occasion what he means?
Question, "That this House do now adjourn," put, and negatived.
Roads Bill
Again considered in Committee.
[Sir E. CORNWALL in the Chair.]
Postponed Proceedings resumed on Clause 13.
CLAUSE 13.—( Penalties. )
Question proposed, "That the Clause, as amended, stand part of the Bill."
11.0 P.M.
I hope that between now and the Report stage the Minister of Transport will consider the Amendment that has been discussed. It is clear that under this Clause it is possible for a man to be prosecuted two years and eleven months and twenty-nine days after he has committed an offence by using a car without taking out a licence.
I have had an opportunity of consulting the Attorney-General, and I hope that we shall be able, before the Report stage, to modify what certainly appears to be a severe Clause. I do not wish to be taken to have committed myself to a period of three years, but I do see a way of removing a considerable injustice.
Question, "That the Clause, as amended, stand part of the Bill," put, and agreed to.
CLAUSE 14.—(Local Licensing Fees to Cease to be Chargeable.)
(1) As from the first day of January, nineteen hundred and twenty-one, any fees or charges, by whatever name called, payable under any general or special Act to any local or police authority in respect of the licensing of any vehicle (other than tram-car) shall cease to be payable.
(2) Any person who at the commencement of this Act is the holder of any licence issued by any local or police authority in respect of any vehicle (other than a tramcar), being a licence in respect of which a fee or charge exceeding five shillings has been paid, shall be entitled, on making an application in the prescribed manner to the prescribed county council, or police authority, to obtain a repayment in respect of the fee or charge paid by him for the licence at the rate of one-twelfth of the amount so paid in respect of every complete month for which the licence continues in force after the thirty-first day of December nineteen hundred and twenty, and any sums paid under this provision by a county council shall be treated for the purposes of this Act as expenses incurred by the council in the levying of the duties, and any sums so paid by a police authority shall be repaid to the authority out of the Road Fund.
Amendments made: In Sub-section (2), after the word "council" ["prescribed county council or police authority"], insert the word "local."
After the word "a" ["sums so paid by a police authority"], insert the words "local or."-[ Mr. Johnstone. ]
Clause, as amended, ordered to stand part of the Bill.
CLAUSE 15.—(Amendment of Section 28 of 41 & 42 Vict., c. 77.)
Paragraph (3) of Section twenty-eight of the Highways and Locomotives (Amendment) Act, 1878 (which prescribes the maximum weight of locomotives to be used on highways), shall have effect as though the prescribed weight were therein substituted for fourteen tons.
I beg to move, after " 1878," to insert the words " and paragraph (3) of Section Three of the Locomotives Amendment (Scotland) Act, 1878."
This is proposed in order to assimilate the law in Scotland to that proposed for England.
We propose to invite the Committee to accept this and the subsequent Amendment in principle, but in another place I think it will be found convenient to transpose the Amendment.
Amendment agreed to.
Further Amendment made: Leave out the word "prescribes" and insert "prescribe."-[ Mr. Johnstone. ]
Motion made, and Question proposed, " That the Clause, as amended, stand part of the Bill."
I ask for an assurance from the right hon. Gentleman that traction-engine work in this country will not be hampered under the provisions of the, Bill. In the first place, I want to be quite clear that all existing traction engines will be allowed to continue, whatever restrictions my right hon. Friend makes. Secondly, there are many engines which are in course of being built. It is a very large industry, and they have to be laid down, like railway engines, many months in anticipation. Then I also want to plead for the continued use, as being absolutely essential to the commerce of the country, of large engines, and even larger engines than those now used. There are a very large number of objects in this country which cannot be moved by railway at all. In the last few months boilers weighing 70 tons have been moved across Lancashire, and a few months ago a large article weighing 120 tons was moved. No possible railway could take those; they could not go over some of the railway bridges. Therefore the commerce of this country, particularly in electrical machinery, in such things as stern plates of ships, and also large ship boilers, and commerce which is demanding increasingly large castings, cannot get on without road haulage. I want my right hon. Friend to make it clear that if we give him this power to prescribe the weight, he will not do anything to cripple industry.
I am very glad to have the opportunity of putting right any possible misapprehensions as to the action of the Ministry on this point. There are, of course, two points of view—the point of view of the owners of the bridges and roads, the local authorities, who see the wear and tear on the roads becoming increasingly severe under the heavy vehicles which pass over them. On the other hand, we are looking forward to a great road development now and the increasing use of the roads. The reason of this Clause is this, that, as no one knows better than the hon. Baronet who has just spoken, the method of ascertaining the unladen weight has been really so fallacious and so ridiculous that it is no possible indication of the actual weight of the vehicle. In order to bring one of these heavy road locomotives under the 14 tons loading, they remove everything from it, the cab, the body, even the fire basket, and it is not the vehicle, but the frame of the vehicle, unfit to use for any purpose whatever. We wish to get it right and to have a true indication of what the weight is. We are also seized with the need of protecting bridges and roads until they are strengthened, and we look to have progressive improvement in the bridges and roads so far as strength goes. It is really with that intention that this Clause was drafted. There is no intention at all of introducing Regulations which would put these vehicles in use or under construction off the road. I would like to say that as specifically as I can. The intention is to introduce Regulations which will give a fair measure of weight and at the same time not put too heavy a weight on the roads and bridges which they were never intended to bear. It is a little difficult, but we will frame Regulations, and I will invite the House to pass them, and the House will have an opportunity of raising any objections to the Regulations. With that explanation, I hope the hon. Baronet will be satisfied.
I am much obliged.
Question, "That the Clause, as amended, stand part of the Bill," put, and agreed to.
CLAUSE 16.—(Interpretation and Application to Scotland.)
(1) In this Act-
(2) In the application of this Act to Scotland references to a county shall be deemed to include references to a royal, Parliamentary, or police burgh containing within its boundaries, as ascertained, fixed or determined for police purposes, a population according to the census for the time being last taken of or exceeding fifty thousand, and every other burgh shall be deemed to form part of the county within which it is situated, and the expression " county council " shall be construed accordingly.
I beg to move, in Sub-section (1), to leave out the word "includes," and to insert instead thereof the words "means in the case of a county borough."
This Clause applies the Act to Scotland. I am advised there is doubt as to the meaning of the Clause. The Amendments which I have put down are necessary to make it quite clear that the county councils of county boroughs should administer the Act in such boroughs. I hope the Minister will accept my Amendment. To make my meaning more clear let me give the Committee this view of it. In Scotland as in England we have county boroughs. Take the City of Glasgow. It is the county of the City of Glasgow, and the town council is the authority. Glasgow is largely situated in the County of Lanark, and in Lanarkshire the authority is the county council. The point is that it will be the town council of the county of the City of Glasgow who will be the authority in the borough, and in the county it will be the county council of the County of Lanark. It has not been made perfectly clear that the county council would not also act in the borough.
May I assure my hon. Friend that the advisers of the Government, both English and Scottish, think that the Clause as drawn is not obscure in the least, but that it would be made so by the Amendment suggested by the advisers of my hon. Friend 1 I cannot accept this or any of these drafting Amendments, and I hope he will accept the assurance of the advisers of the Government.
Then I bow to the advisers of the Government, and withdraw the Amendment.
Amendment, by leave, withdrawn.
Question, "That the Clause stand part of the Bill," put, and agreed to.
Clause 17 ( Short Title, Commencement, and Repeal ) ordered to stand part of the Bill.
NEW CLAUSE.—(Provisions as to Default on the part of County Councils in Ireland.)
Provision may be made by Order in Council for the discharge by the Minister or otherwise of the functions under this Act and the Motor Car Acts, 1896 and 1903, of any county council in Ireland which, in the opinion of the Minister, neglects or refuses to perform any of those functions, and for carrying the provisions of this Act, and of any such Order or any other Order under this Act, into effect as respects the area of such county council.—[ Sir E. Geddes. ]
Brought up, and read the First time.
I beg to move, " That the Clause be read a Second time.".
This, as the Committee will see, is a new Clause to deal with the situation in Ireland, and is intended to cope with the present emergency. I hope the Committee will accept this. It has necessarily had to be left very wide. The conditions in Ireland are so uncertain that really it is impossible to say anything more definitely.
Question put, and agreed to.
Clause read a Second time, and added to the Bill.
NEW CLAUSE.—(Amendment of 24 & 25 Vic., c. 70, s. 4.)
The proviso to Section four of The Locomotive Act, 1861, in its application to Scotland is hereby repealed, and in lieu thereof it is enacted as follows:
Provided that the regulation of weight herein mentioned shall not extend to any wagon carrying only one block, plate cable, roll, vessel of stone or metal, or other single article being of greater weight than sixteen tons, but the fellies, tires, or shoes of such wagon shall not be less than eight inches in breadth, and any damage arising from the user of any such wagon shall be deemed to be damage caused by excessive weight within the meaning of Section fifty-seven of The Roads and Bridges (Scotland) Act, 1878.—[ Mr. Johnstone. ]
Brought up, and read the First and Second time, and added to the Bill.
NEW CLAUSE.—(Persons in the Public Service.)
It is hereby declared that this Act applies to persons in the public service of the Crown.—[Mr. Atkey.]
Brought up, and read the First time.
I beg to move, " That the Clause be read a Second time."
Probably the Bill will so apply, but there seems some doubt as to whether motor cars used by servants of the Crown will pay the same licence duty and dues as other people, and as the object will be to see that the road funds are properly subscribed by all users of the roads, I beg to move the Clause.
I regret that I cannot take the view of my hon. Friend that the Bill would be taken to apply to vehicles in the service of the Crown, and that his Clause is only intended to make that clear. If the intention of my hon. Friend is to make vehicles of the Crown subject to the taxation of the Finance Act, then I submit to the Committee that that cannot be done in this way. The Crown is not liable, except by its own consent, to the burden of taxation which is imposed upon the subject for the purpose of raising funds for the use of the Crown. Therefore, it could not be regarded as being the appropriate time, even if the consent of the Crown had been graciously signified to an Amendment of this sort in the Bill. The matter has received the most careful consideration as between the Minister of Transport and the Chancellor of the Exchequer, and it is not intended, as at present advised, that Crown vehicles should be liable to this particular form of taxation. There are vehicles, of course, which are not strictly Crown vehicles, but which are hired by the Crown, such as mail vans owned by contractors, which, we are advised, would come within the scheme of taxation. The part of the Bill which would seem to be operative with reference to Crown vehicles is that of registration. We do conceive it to be desirable that the registers should be complete and full registers of all motor vehicles which are running, or are intended to run, upon the roads, and it is being considered now whether that is made sufficiently clear by Clause 12. If it is not thought to be sufficiently apparent, we will introduce the necessary Amendment, either in this House on Report, or in another place, to make that point clear. A larger concession than that we are unable, as at present advised, to accept. 1 hope, therefore, the new Clause will not be pressed.
I do not think this is a question of taxation in the strict sense of providing monies for the use of the Crown. This is a question relating to all the people who use the roads by propelled vehicles, and the fund is for the purpose of improving and maintaining the roads. If We can make the private owner pay a special tax or into a special fund for this purpose, you are providing the Crown with free roads, freely improved and freely maintained, at the expense of the private owners and the private interest. You have the enormous trollies of the War Office, and the Admiralty and other departments of the Crown; and I see no reason at all why private individuals should pay this contribution towards the expenses of the roads and the Crown, using the roads, should not equally pay! The hon. Gentleman referred to the inclusion of the Crown for registration purposes. He meant also, of course, regulations. It is quite absurd that private owners and motorists, with heavy vehicles and traction engines, should be confined to certain weights because of the state of the roads and that the Crown should go scot free, and have vehicles double the size. I hope my hon. Friend will realise, with his advisers, whether the "time has not come that they should pay their share. This is a most important Amendment, and one that is of interest to my division. At the close of the war there was a continuous stream of heavy motor lorries that came along the main road, over the hills, and through Sandwich, Canterbury, Faversham, and on to Maidstone, and the road was ploughed to nothing. I should like the Minister of Transport to tell us what contribution they have made to the Kent County Council with regard to Thames Valley? I put a question in the House in regard to the matter, and mentioned the deplorable state of the roads for months. It is difficult to trust oneself to figures, but I should say the damage done along the seventy miles of highway cannot be under from £10,000 to £20,000. There ought to be some remedy for the county councils and the highway authorities against the Crown or whoever is the body that does the damage. The matter has been remitted to the Treasury and probably some contemptible sum will be offered. I therefore do ask that this Clause should bring the Crown within the ambit of the measure and render them liable to make good the damage they have done by their extraordinary or excessive traffic. I hope my hon. Friend will press this to a Division, and if so I shall certainly support him.
I rise to support my hon. Friend. It is well known that whenever a motorist is getting to a road which is quite unbearable you are getting near a Government camp. Although it may be said that this is simply robbing Peter to pay Paul this is for a definite purpose, and I think if the Government gave some contribution to this fund it would meet the situation.
I only wish that I had had my hon. Friend with me when I tried to get money for this purpose out of the Treasury. The case of the Army lorries and the damage they did during the War was met by special grants. In the particular case of the Slough lorries, of which I have a very acute recollection, that was met by a grant from the War Office towards the cost of the roads. We have to remember that the Treasury gave us a special grant of £10,000,000 in the Budget, and we got in that instance something out of the Treasury which we must not disregard at the present time. In the case of vehicles belonging to the Government, with the exception of contract vehicles, they are treated as private vehicles. The military vehicles are not used to the same extent as commercial vehicles in peace time, and they are only used for a specific purpose. They are not worked like commercial vehicles, and they are kept in a park and do not wear out the roads to the same extent. It was this argument that drove me from the position which I originally took up. The estimated number of vehicles in the country is about 750,000, and the number of contract vehicles belonging to the Crown is under 1,000. The military vehicles do not use the roads as regularly as ordinary commercial vehicles. As we got other considerations from the Chancellor of the Exchequer which I think will be adequate in other directions, I thought it would be as well not to press the point, and I ask the House to accept that view.
Question, " That the Clause be read a Second time," put, and negatived.
NEW CLAUSE.—(Amendment of Section 4 of Motor Car Act, 1903.)
In paragraph (c) of Sub-section (1) of Section four of the Motor Act, 1903, the words " may cause " shall be substituted for the words " shall cause," and the words " where any particulars are so endorsed " shall be substituted for the word " also."—[ Mr. A. Shaw. ]
Brought up, and read the First time.
I beg to move " That the Clause be read a Second time."
Section 4 of the Motor Car Act, 1903, makes it compulsory on the Courts in cases where a person holding a licence is convicted of offences under the Act to order the endorsement on the licence of the particulars of such conviction. This is a proposal to make endorsement optional. Since this Section was passed, seventeen years have elapsed, and now, undoubtedly, the law works very unjustly. "For instance, if by some accident the rear lights of a motor car blow out and the absence of the light is noticed by the police—it may be almost immediately and while the glass is still warm—the driver is summoned by a Court, and although the penalty imposed may be trifling-perhaps only Is.-the magistrates have no option but to order the endorsement of the licence. That endorsement remains to the end of the man's life. The consequences are very serious. A driver in search of a berth likes to be able to advertise that he has a clean licence. In many cases men, because the licence is not absolutely clean, lose chances of a job. I have no personal interest to serve in this matter. I have driven motor-cycles and cars for some 18 years, and still have a clean licence. The magistrates do not want to endorse licences in such cases as these, and would, in fact, prefer to be relieved of a somewhat ridiculous position. Therefore I hope the Government will accept this Clause.
I think it would be a great convenience to the Committee if I am permitted to extend my remarks slightly beyond the limits of the proposed Clause. I have the fullest sympathy with the drivers in regard to the way in which their licences are treated to-day. The procedure of 17 years ago, when motor cars were looked upon as horrors and the drivers as something even worse, is out of date. In many ways drivers are badly treated. I had hoped after the discussion we had last Friday we might have gone even further towards remedying this state of affairs than I think we can go to-day. I have been in consultation with the police and the Home Secretary and they are desirous of revising this question of the endorsement of licences. They see the necessity for it. At the same time there are certain classes of offences, which in the view of some—I do not myself altogether agree with them—in respect of which the licences ought to be endorsed. Then there is the question how long the endorsement should remain on the licence. This is a matter which, of course, very much concerns the Home Office. I am prepared to-day to accept the new Clause now before the House, but in doing so I wish to make this reservation that in the early part of next year we shall have an opportunity of inviting the House to consider the whole question of drivers' licences. The substituting of the word " may " for " shall " will undoubtedly lead to inequality of treatment by the various magistrates, and I have no doubt that at Question time in this House we shall hear a good deal about it. There will be an endorsement for a blown out light and no endorsement for something very much worse; it will all depend upon the bench of magistrates. After a little experience of this sort of thing, I have no doubt that the House will desire to review the whole position. I do not wish to go further to-night, but, in going thus far, I desire to meet a real grievance and unfairness, and I ask the House to leave us free to reverse the decision on the promise that we will endeavour to deal with the whole question of drivers' licences at an early date.
Question, " That the Clause be read a Second time," put, and agreed to.
I beg to move, at the end of the Clause, to add the words
"An endorsement on a licence shall remain thereon for a period of three years only from the date of conviction."
My hon. Friend has spoken with much feeling of the quantity of endorsements of small offences one finds on the back of a driver's licence, and has pointed out that benches of magistrates are inclined to be influenced, not by the quality, but by the quantity, of endorsements. I can in a sense speak from personal experience, because, although I have only one endorsement—it is the serious one of driving in a dangerous manner—it is something like 14 years old, and I cannot get rid of it, and have no prospect of getting rid of it. I appreciate that there is a certain merit in having endorsements upon licences, because you do know a man's character as a driver, but there should be some period within which, by careful driving, one can overcome the sins of one's youth. I have put down three years, but, if the right hon. Gentleman thinks it too short, I am prepared to accept six years. I hope that he will give the matter serious consideration. I do not believe that there is any real opposition from the Home Office, and, if we pass this Amendment, it will cause great pleasure, and remedy one of the biggest injustices which we have suffered under the Act of 1903.
I trust my hon. and gallant Friend will not press this Amendment after the statement made by the Minister a few minutes ago. In accepting the, Amendment of the hon. and learned Gentleman limiting this matter, and having gone to the utmost limit which the Home Secretary sees his way at this moment to advise the Committee to accept, but the whole question is at present being most carefully examined in all its bearings by a Departmental Committee. A general Bill dealing with motor legislation is intended to be produced early in the next year, and this matter is one which we think should be left over for consideration at that time. It will have to be considered not only in reference to the length of time but to the gravity of the conviction. It may be that there ought to be some distinction drawn upon these matters. For these reasons I trust the Amendment will not be pressed.
I hope the hon. Gentleman will consider this question further. It is really a small matter. Why should a man who has committed a minor offence have an endorsement on his licence for life. Surely it is only reasonable that now we have an opportunity of reforming a law which is obviously bad we should take it. Why should we put it off on the promise of my hon. Friend that it will be attended to next year? Could he not accept six years if he will not accept three 1 Could he not put in some words which would enable my hon. and gallant Friend to get rid of his endorsement which he has suffered from for 14 years? Surely this is an opportunity to put right something which is to magistrates an absurdity in the law—and I speak as a magistrate. Endorsements put on licences 16 years ago are still carried, not only by hon. and gallant Gentlemen in this House, but also by paid drivers, and when they go for a job they have to produce their licence to their proposed employer with the endorsement, and the employer does not look to see what the date of it is. The endorsement may be 14 or 15 years old, and, surely, now that we have the opportunity in this Bill of remedying that fault, ' we ought not to put it off. It has been brought to the attention of the House, and I appeal to the right hon. Gentleman to say that he-will accept it. If he is afraid of three years, let him accept six. Make it ten if you like, but let us put the injustice right now that we have the chance. This is a Bill to amend the Motor Car Act. Here is a small matter in which the Motor Car Act is extremely unfair. Why should we not take the chance of amending it and putting it right, and it will be left to the wisdom of the bench as to whether they should endorse the licence at all, and if they do it will remain for six or ten years, or whatever the right hon. Gentleman in his omnipotent position shall to-night decree? I appeal to him not to leave it for ever, but to put some limit to-night.
My hon. and gallant Friend has referred to magistrates. When a magistrate has to decide in future whether or not a licence shall be endorsed, he has the discretion that is given him by the new Clause, and he will be guided very much by the fact that the endorsement will continue. If I were sitting, as I sometimes have had to do, upon these cases, and I knew of this change, that the endorsement might be within my discretion or not, I should be guided very much by the fact that the endorsement was to be permanent, and that would be an argument in my mind against having any endorsement at all now that the choice lies with me. It is an argument in favour of the course which my hon. Friend suggested, namely, that, having made this concession, he has done a great deal towards assisting the driver, because he has given the magistrate not only the power, but he has given a lever to the mind of the magistrate not to make an endorsement at all. I want to be reasonable, and, having regard to the explanation of the Minister and the argument I have used, I hope my hon. and gallant Friend will be content.
Perhaps I shall have the sympathy of the Committee in the matter of endorsements, although hon. Members may not all agree with me. I was not lucky enough to be in my place when the Minister made his speech on the subject of endorsements. It is very unfair that for minor offences, such as letting your tail-light go out, you should have your licence endorsed. In the case of a serious offence, such as the motorist being involved in a serious accident, through no fault of his own, in which a third party was injured, the policeman would at once ask the motorist for his licence. When the case came before the Court, the Justices would ask what endorsements were on the licence, and the more the endorsements the more serious the charge would become and the heavier the penalty would be. I ask the right hon. Gentleman whether an endorsement for a minor offence should go on year after year hanging round a man's neck. If a man is up for exceeding the speed limit, he pays his fine and suffers for his offence, and if he is unlucky enough to be brought before the Bench again and convicted, the penalty each time becomes progressively heavier. I do not say that this works unfairly when a man is up for a large number of cases, but there are cases where the endorsements are of a minor character, such as letting your tail-light go out or letting your plate-number become obscured, and the motorist, when coming before the magistrates, has no chance. I speak with respect of the assurance given by the hon. Member (Sir F. Flannery), knowing that it was the statement of a magistrate, but I know the sort of justices before whom the motorist is charged; and I hope the Committee, before it decides to perpetuate the system of endorsements, will consider whether minor offences should be so endorsed. I understand that the Minister says the question will be dealt with some time next year, but it is rather problematical whether next Session will not be so crowded that he will have to come to the House and say: " I am sorry that I have not had time to get the Bill ready, and it must wait until next Session." So it has gone on from year to year, and so it will go on unless it is dealt with now.
Unlike my hon. and gallant Friend I happen to have a clean licence, more by luck than judgment. I want to make an appeal on behalf of the professional drivers. They are a very decent class of men. We trust our lives to them, and to many of us they are friends, and not merely servants; and to my certain knowledge this is a matter of intense anxiety to them. The Committee will remember that I and my Friend Sir Arthur Stanley, who used to be a Member of the House, brought in one or two Bills to deal with it, but, being only private Members' Bills, they never got beyond the First Beading stage. I have seen deputation after deputation from chauffeurs' societies imploring those Members of the House who take an interest in motoring to see that this hardship is done away with. It might be met if my right hon. Friend would say that licences which have been clear for three years should be freed from endorsements altogether. If a professional driver has had a clean licence for three years, with no convictions of any kind, surely my hon. Friend will agree that past convictions might be wiped out. If a man is convicted of anything else in the world, he does not have to carry a label round his neck saying that he was convicted three years ago, or thirteen years ago, even if it is a bad crime. The law says that he has suffered his punishment and there is an end of it. Now my hon. and gallant Friend, or a professional driver, not only pays his fine and suffers his punishment, but it is held up against him for the rest of his life. I know my right hon. Friend is sympathetic towards the chauffeurs, as we all are, and I would appeal to him to grant this, I will not say favour, but act of justice.
May I, with the permission of the Committee, appeal to the right hon. Gentleman to reply to what we have said 1 Here is a chance of putting right something that is wrong. It is all very well to rest on the right hon. Gentleman's assurance that he can put it right next year, but "next year" never comes. If he would listen to our appeal and say that he will make, on Report or in another place, or wherever he likes, a definite addition to this Clause which, if a man's licence has been clean for three years, will clear him of all endorsements, surely that would be just and fair, and a wise reform of the existing law, which is extremely hard on these men who have to earn their living. We know we shall be beaten when the Amendment is put, but I appeal to the right hon. Gentleman before that to meet us. If he would do so, we should have gained something, and done something really good for the State and the country.
I find myself again in the position of being so near to entire agreement with my hon. Friends that I am really rather disturbed, and am wondering what is wrong with me.
We are right!
I put all these arguments to-day to the Home Office, and they agree primâ facie, I think, with most of them. I went further in my suggestion than anyone has gone to-night, and said, "Let us get rid of this endorsement business altogether. Why should you label a man for life because his tail-light went out on one occasion? " The most I could get from them was what I have given, and I must confess that the weight of their argument was very strong. They said, " This is a biggish matter. You are bound to have legislation very soon. You have been going through a long programme of investigation, and have a great deal to do yet. Why take this one thing out? " I gave the answer that I am sure hon. Members would all have given, and said, " This is a great injustice, and you ought to deal with it now." After the appeals that have been made, I will undertake this. It is really a Home Office matter, and the Home Secretary is quite sympathetic. I will see him before the Bill reaches another place, and we will see if we can make an Amendment on the lines with which we are both in sympathy, and with which the Government is in sympathy. If some trivial, minor offence has been endorsed on some hon. and gallant Gentleman's licence for 14 years, I should like to get that off. If the Committee will leave it there, I will do the best I can.
Amendment, by leave, withdrawn.
Clause added to the Bill.
First Schedule
AMENDMENTS or DEVELOPMENT AND ROAD IMPROVEMENT FUNDS ACT, 1909.
Sections 4, 8, 9, 10, 11, 13, and 19, and Schedule.
References to the Minister shall be substituted for references to the Road Board.
Section 8.
The following paragraph shall be substituted for paragraph (
"( a ) to make to any highway authority advances in respect of the construction of new roads or the maintenance or improvement of existing roads, or to make such advances, in conjunction with a highway authority, to any company or person."
Sub-section (3) shall cease to have effect.
In Sub-section (5) the definition of "roads" shall be extended so as to include road-ferries and footways.
Section 11.
In Sub-section (1) for the words "the Treasury have approved a proposal by the Road Board " there shall be substituted the words " the Minister proposes."
Sub-section (2) shall cease to have effect.
In Sub-section (6) the words from "and any receipts" to the end of the Sub-section shall be repealed.
For the words " the road improvement grant " wherever those words occur there shall be substituted the words " the Road Fund."
I beg to move, in the paragraph beginning " Section 8," after the word " roads " [" existing roads, or "], to insert the words " or any part thereof."
In 1870 this House first gave permission to tramway undertakings to use public highways, and it provided that tramway companies should maintain that portion of the road which they used. That was a right provision, as the horses which drew the trams helped to wear out the roads. Parliament did not then foresee the use of mechanically driven vehicles or the fact that the trams of to-day do not use up the roads in any way. The result is that the intentions of Parliament are not being carried out to-day, and there is no reason why the tramway companies should continue to maintain portions of the road which they do not wear out. All the tramway companies ask in this Amendment is that when a grant is given by the State to road authorities the tramway companies should participate in that grant. If there is a grant of £1,000 to a road authority to maintain a road and a tramway company maintains two-fifths of that road then they should get two-fifths of that grant. The House has shown itself very desirous of meeting the consequences of the War. The cost of the upkeep of roads has increased enormously, and this should be considered in the case of these public utility companies who do so much for the country at the present time. It is true that no large licence is charged against these tramway companies. I think that it is only 15s. It might be argued that they are making money and there is no reason to ask for a State grant; but they are charged with the upkeep of roads which they do not help to wear out, and for this reason the public utility companies should share in the local grants which are given to road authorities.
12 M.
We are extremely anxious to meet the point raised by my hon. Friend, but the more we consider it the less we feel able to do so. The Amendment is not limited to tramway undertakings. It gives the Minister power to make grants out of this fund to any company or corporation responsible for the maintenance of any road or part thereof. There are companies that have the right to disturb the road, to lay gas, electricity or water mains, and have the obligation to reinstate and maintain the road.
I am ready to limit it, and to insert the word "tramway" before "company."
As it stands it is far too wide, but if the Amendment was drawn in the narrower sense it would be impossible to resist applications from these other companies that they should be relieved, too, of their statutory obligations by grants out of the Road Fund In every one of these cases the company or corporation has accepted as part of its Parliamentary bargain the obligation to make good or maintain the roads. Probably tramway companies have a less strong case from one point of view than any other. Quite recently Parliament has invested the Minister with powers that he is exercising to increase their charges to the public beyond the statutory maxima. As the fares are being raised on the cost of maintenance of the roads it would be very inappropriate to give this grant.
It seems that the tramway passenger has to pay something towards the increased traffic on the road, traffic other than that of the tramway. It is rather a false point with regard to gas and water companies. They are obliged to reinstate the surface of the road, but they are not obliged to maintain it year by year like a tramway concern. It seems grossly unfair that a private company owning a tramway should be required to maintain the part of the road between the rails which it does not use, while in the case of a local authority owning a tramway the local authority will draw a grant for the maintenance of the road. In the case where the tramway is owned by a private company the local authority will draw the grant and use it in maintaining only part of the road. Therefore, I hope that the Government will reconsider this matter. It is grossly unfair on these two grounds—that the private company should get no help in this matter, and that the tramway passenger should be charged an increased fare for maintaining the road used by that traffic.
It is not correct to say that the municipally-owned tramway would get any grant towards the portion of the road which it is bound to repair as the tramway authority.
Amendment negatived.
The right hon. Gentleman has been so amiable that I will not move any more Amendments, but let him go home.
I beg to move, in the paragraph beginning "Section 8," to leave out the words " Sub-section (3) shall cease to have effect."
Amendment agreed to.
Bill reported. As amended, to be considered To-morrow, and to be printed. [Bill 261.]
Bills Withdrawn
Liquor Control (Temporary Provisions) Bill
Order for Second Reading read, and discharged; Bill withdrawn.
Public Health (Tuberculosis) Bill
Order for Second Reading read, and discharged; Bill withdrawn.
Teinds Bill
Order for Second Reading read, and discharged; Bill withdrawn.
Factories and Workshops (Bakehouses) Bill
Order for Second Reading read, and discharged; Bill withdrawn.
Electricity (Supply) Bill
Order for Second Reading read, and discharged; Bill withdrawn.
Education (Ireland) Bill
Order for Second Reading read, and discharged; Bill withdrawn.
Milk and Dairies Bill
Order for Second Reading read, and discharged; Bill withdrawn.
Irish Land Bill
Order for Second Reading read, and discharged; Bill withdrawn.
Trusts (Scotland) Bill
Order for Second Reading read, and discharged; Bill withdrawn.
Land Tenure (Scotland) Bill
Order for Second Reading read, and discharged; Bill withdrawn.
Conveyancing (Scotland) Amendment Bill
Order for Second Reading read, and discharged; Bill withdrawn.
Police Pensions Bill
Order for Second Reading read, and discharged; Bill withdrawn.
Greenwich Hospital and Travers' Foundation
Resolved, " That the statement of the estimated income and expenditure of Greenwich Hospital and of Travers' Foundation for the year 1920–21 be approved."—[ Sir James Craig. ]
The remaining Government Orders were read, and postponed.
It being after half-past Eleven of the clock upon Monday evening, Mr. DEPUTY-SPEAKER adjourned the House, without Question put, pursuant to the Standing Order.
Adjourned at Eleven minutes after Twelve o'Clock.