House of Commons
Thursday, December 16, 1920
Oral Answers to Questions
Naval and Military Pensions and Grants
Clothing Grant
asked the Minister of Pensions whether a clothing grant has been refused by the Worcester special grants committee in the case of C. Richards on the ground that the child was voluntarily looked after by its grandmother; whether the grant would have been made in the normal course of events if the child had been placed with its grandmother by the local pensions sub-committee; and for what purpose such Regulations are made?
Supplementary grants additional to pension of the kind referred to by my hon. Friend, may be made under the Regulation of the Special Grants Committee in the case only of children who have been found to be suffering from neglect or want of proper care. The Ministry assumes entire responsibility for such children, who have to be removed from their homes and boarded out at the cost of the Ministry, and the Ministry is obliged, in consequence, to pay some additional charges for the cost of lodging, clothing, and other expenses.
Special Nutriment Grant
asked the Minister of Pensions, whether the special grants committee at Worcester has refused a recommendation from the Stourbridge local committee of a grant of 10s. per week to a child who was recommended special nutriment on a doctor's certificate; whether the reason given for refusing the grant was that no grants could be made unless the child was suffering from a specified disease; and whether no assistance can be given to a child who is in a weakly condition of health which will amount to disease unless specially nutritive food is given?
The particular case referred to by my hon. Friend has not been traced, but on the facts stated the application should have been submitted to the Special Grants Committee in London. That Committee is empowered by the Regulations under which it acts to make a grant up to 10s. a week for a limited period in respect of a child who is suffering from a prolonged illness.
Re-Assessments
asked the Minister of Pensions what is the number of pension cases examined by medical boards for reassessment during the last three months in this country, the number of pensions increased, the number of pensions decreased, and the number of pensions totally abolished after these medical examinations?
During the last three months (September, October, and November) there have been 283,000 pension cases examined for re-assessment. It is not possible to give the results of these individual examinations, but during the same period the number of cases whose assessment of disability was confirmed or altered as the result of medical examination was 268,900, of which
Ireland
Murder, Milltown Malbay
asked the Chief Secretary for Ireland whether he now has information as to whether Charles Lynch, of Milltown Malbay, was dragged from his bed on the night of 24th October and shot dead by servants of the Crown; whether Lynch was a man of 70 years of age; whether any form of inquiry has been held into this murder; whether it was held in public or in secret; what was the evidence and finding; and whether he has read the evidence?
I regret that I am not yet in a position to add anything to the reply which I gave to the hon. and gallant Member to the question on this subject on the 8th instant.
Has an inquiry been held?
I understand that one has been or is being held into this matter.
Creameries, Destruction
asked the Chief Secretary for Ireland whether he has yet completed the inquiries into the damaging to the extent of £2,000 of the co-operative creamery at Abbeydorney and the assault on the manager; if he is aware that the manager, Mr. T. O'Donovan, has made a sworn affidavit that the looting and firing of this creamery and the unprovoked assault on himself was committed by uniformed forces of the Crown; and that, since this matter was raised in this House, the dwellings of the manager and engineman have been burnt down by forces of the Crown?
I have nothing at present to add to the reply already given to the question on this subject.
Is the right hon. Gentleman aware that the hon. Member for Chester-le-Street (Mr. Lawson) visited the scene of this outrage, and is able to testify to the truth of the statements made in the question? Where did the right hon. Gentleman get his information?
I shall be very glad if the hon. Member (Mr. Lawson) will give evidence in any inquiry.
Is the right hon. Gentleman prepared to give some protection to this manager who was assaulted within twelve hours of the question being framed by my hon. Friend?
As to the latter part of that question I cannot speak with knowledge, but as to the first part I shall be very glad to give him protection, and I am in a position to guarantee it.
asked the Chief Secretary for Ireland if he will compensate the co-operative creamery people or protect them for the great losses they have sustained in the loss of their creameries; and is he aware that these people are non-political and non-partisan?
I have nothing to add to the statements I have already made on this subject. I would refer the hon. Member in particular to my reply to a question by the hon, and gallant Member for East Newcastle on the 25th October.
Is the right hon. Gentleman aware that the loss amounts to £46,000?
I understood it was much greater than that. I deplore the fact.
Police Raids, County Clare
asked the Secretary for Ireland whether he can state the reason for the recent arrest of Mr. Edward Lysaght, a law-abiding citizen, who was nominated by the Government on the Irish Convention, and for the repeated raids by police upon his dwelling-house and business premises in County Clare, including on one occasion the destruction of valuable business records and the seizure of several bicycles and typewriters; and whether he will in future restrain the police from taking action in the nature of reprisals against this gentleman's property?
Mr. Lysaght's house was searched, and documents, from which the dates had been removed, relating to the purchase of large quantities of arms and ammunition were found there. Mr. Lysaght was, in consequence, arrested, but as it was believed that the transactions in question were not recent, he was subsequently released. I am making further inquiry into the alleged seizure of bicycles and a typewriter, regarding which I have received no previous complaint. There is no ground for the suggestion, which I must repudiate, that the action taken by the police was in the nature of reprisals, or was otherwise than proper.
Is the right hon. Gentleman aware that not only bicycles, but typewriters, were taken away, and that the Royal Irish Constabulary and the Auxiliary forces, when they arrived to search the house, brought bags and boxes to take away loot, and that this gentleman's clothing and under-clothing was taken away in every sort of bag and box that could be found in the house? Does he approve of that sort of thing?
I certainly do not approve of it, and if men are found guilty of it they will be sentenced to very long terms of imprisonment. But I have no knowledge of any of these acts.
Seized Documents, Dublin
asked the Chief Secretary for Ireland, if any, or all, of the books and documents removed from the James Conolly College, 42, Great North Street, Dublin, were found to be of seditious or otherwise dangerous character; and whether these books and papers will be returned to the institution, particularly the 1,000 copies of one publication, entitled, " Labour, Nationality, and Religion," by James Conolly, to enable the work of the college to be carried on?
With the exception of a few letters all the books and documents seized from the James Conolly College including about 1,000 copies of the publication referred to have been returned.
Why was a copy of this publication taken? It is a well-known work?
When suspected premises are raided all documents are taken away so that they can be properly searched. They are always returned unless of a seditious or incriminating character.
Disturbances, Cork
asked the Chief Secretary for Ireland if his attention has been called to the statement published in the "Daily Herald" of the 13th December that a large part of the centre of Cork city was destroyed by the forces of the Crown on the 11th instant; if evidence exists to justify this charge; and, if not, will action be taken against this newspaper for making accusations of such a nature?
Pending the result of the military court of enquiry which is now being held, I am not prepared to make any further statement regarding this matter.
If it is found when a court of enquiry has been held that there was no right for the publication of such a statement in a daily paper will any action be taken against the proprietors?
Is it not a fact that this statement appeared also in the " Times " and the " Manchester Guardian? "
And the "Evening Standard?"
May I press for a reply?
My hon. Friend asks a hypothetical question which it is impossible for me, with the best intentions in the world, to give a precise answer to.
May I ask whether, pending a judicial inquiry, it is proper for newspapers to make statements of this sort deciding a case one way or the other?
( by Private Notice ): I beg to ask the Chief Secretary for Ireland whether he can give full details of the circumstances under which Canon Magner of Dunmanway was killed, and whether General Strickland has yet completed his inquiries with regard to the origin of the incendiary fires in Cork?
I am informed by General Headquarters that it is not anticipated that the Cork military inquiry will be concluded until next week. I profoundly regret that Canon Magner, a much-respected Roman Catholic priest, and a farmer's son, Timothy Crowley, were shot dead yesterday near Dunman- way, in West Cork, by a police cadet, who is, of course, under arrest, and will be tried by court-martial.
Did these murders follow the transference of these cadets from Cork City, where all these things occurred, to West Cork, where this incident occurred?
There is no relevancy between one fact, namely, the transfer, and the second and most regrettable fact.
Are these men to be let loose in an isolated and peaceful community to murder innocent citizens as they are passing along carrying on their daily avocations. Are these men to be let loose and to be allowed to continue to carry on in this way. This is the first thing that we have got our grip upon.
Is not the first precedent of peace that these auxiliary troops should be withdrawn?
What about the murders of policemen?
Did not the right hon. Gentleman say in Debate that the Cork inquiry would be completed next day, and can he now say, in view of the later information, whether the House will have the report before it rises on Thursday next.
When I made the statement that the inquiry would be completed on the day following I did it on information received from General Headquarters in Dublin, but I understand that General Strickland is exhausting every possible avenue in order to find the perpetrators and, among others, is calling before him the Lord Mayor of Cork and the two Sinn Fein Members of this House whose names were given to me, and who will be compelled to appear before this tribunal. Though of course I cannot control and would not intervene in any judicial inquiry, military or otherwise, I hope it will be possible to give the House the result of this report before it rises next week.
May I ask whether something more than the result of this inquiry will be given. Will not my right hon. Friend communicate to the House and to the public a full report of that inquiry?
Following the traditional and, I think, proper rule governing these matters, the report must be read by the Government responsible before they can promise to give it to the House. I have no reason to doubt that there will be anything in the report we would not be glad to give to the House at the earliest possible moment, but I must maintain the rule covering these matters and consider the report.
While not disagreeing from what my right hon. Friend says as to the Government considering the report, will he not give a definite promise, in view of the extraordinary public interest taken in these lamentable occurrences, that that report shall be published? [HON. MEMBERS: "No, No!"]
I cannot give that promise for another reason. There have been many witnesses murdered.
On both sides.
Because of disclosures in giving evidence, and nearly every witness that gives evidence in Ireland asks for a preliminary pledge that the name will not be disclosed. Until I consider all the circumstances I cannot say more than I have already said.
In view of what has taken place in West Cork and owing to the opportunity that has since been afforded to the right hon. Gentleman of studying the topography of Cork City does he still adhere to the suggestion that he made in this House that the flames spread from Patrick Street, Cork, over an intervening area, which has been untouched, including the river, to the City Hall?
The remarks I made in reference to the spread of the conflagration were given to me on reports I had received and, more than that, on those reports coming to me the conflagration was understood to be much larger and more widely spread than happily it turned out to be. If I was in error I unreservedly withdraw.
I am much obliged to the right hon. Gentleman for his manly acknowledgment that he did not know the topography of Cork at all.
May I ask the right hon. Gentleman whether he will answer my question? In view of the murder of this priest and this innocent citizen peacefully passing along a country road by his cadets who were removed from Cork City after the ruin of that city, is he prepared to withdraw these cadets altogether?
I am not.
Then you are the murderer. [HON. MEMBERS: "Withdraw!"]
Ex-Service Men (Casualties)
asked the Chief Secretary for Ireland how many of the police murdered or wounded by rebels in Ireland were ex-service men, and the names of the regiments they formerly belonged to?
The answer is necessarily a very long one, and I propose, with the permission of the hon. Member, to have it printed in the OFFICIAL REPORT.
The following is the answer:
The number of ex-service men in the Irish police forces who have been murdered during the past two years is 45, and the number wounded 26. The names of the regiments to which these men belonged are as follows:
Killed. Royal Navy 1 Royal Marines 1 Royal Field Artillery 2 Royal Garrison Artillery 1 Royal Engineers 1 Coldstream Guards 1 Irish Guards 2 Welsh Guards 1 The Northumberland Fusiliers 2 The Devonshire Regiment 1 The Suffolk Regiment 1 The West Yorkshire Regiment 1 The Bedfordshire Regiment 1 The Leicestershire Regiment 2 The Royal Irish Regiment 1 The Sussex Regiment 1 The Royal Highlanders(Black Watch) 1 The Middlesex Regiment 2 The Royal Dublin Fusiliers 1 The Leinster Regiment 3
The Royal Irish Fusiliers 1 The Royal Army Service Corps 1 The Royal Army Medical Corps 1 The City of London Regiment 1 The South Irish Horse 3 The Indian Army 1 The Royal Air Force 7 The Machine Gun Corps 2 The Merchant Marine 1 45
Wounded. The Royal Navy 2 9th (Queen's Royal) Lancers 1 Royal Horse Artillery 1 Royal Field Artillery 3 Royal Garrison Artillery 2 Scots Guards 1 Irish Guards 3 The Buffs (East Kent) Regiment 1 The Warwickshire Regiment 1 The Royal Irish Regiment 2 The Lancashire Fusiliers 1 The Hampshire Regiment 1 The Dorsetshire Regiment 1 The Queen's Own Royal West Kent 1 The Connaught Rangers 1 The London Regiment (23rd Battalion) 1 The South African Mounted Rifles 1 Royal Army Service Corps 1 Army Pay Corps 1 26
Police Pensions
asked the Chief Secretary for Ireland whether he is aware that the war bonus granted between 1st March, 1915, and 31st March, 1919, was made pensionable for members of the Civil Service and Post Office officials in Ireland who retired between those dates, and that this concession was recently extended to pensioned national school teachers who retired during that period; and whether this concession will be extended to pensioners of the Royal Irish Constabulary and the Dublin Metropolitan Police who retired during the same period, many of whom receive no benefit under the Pensions (Increase) Act, 1920, and are in great pecuniary want?
The cases of civil servants and of the police are not analogous. In the case of civil servants the increased cost of living has been recognised by the grant of war bonus, part, but not all, of which is pensionable without any general revision of scales of pay. The police, on the other hand, have had their permanent salaries revised on several occasions since 1914, their pensions are calculated on the revised scales of pay. In substance, therefore, the two classes have, in fact, received corresponding treatment.
Do I understand that the bonuses given to the police are pensionable?
If my hon. and learned Friend will read my reply, he will find that it meets the case absolutely.
In the case of police pensioners before the War, who re-joined during the War, will their pensions be based on the new scale?
I must ask for notice of that question.
Disturbances, County Donegal
asked the Chief Secretary for Ireland whether he is now in a position to state the results of his inquiry into the attacks by the armed forces of the Crown upon persons and property in Gortahork and Falcarragh, county Donegal, last month; and what steps he has taken to punish the perpetrators of these attacks?
I have made careful inquiry into this matter, and have been unable to discover any evidence to show that the forces of the Crown have been guilty of any attacks upon persons or property in the districts named.
Captain Bowen-Colthurst
asked the Prime Minister whether he is aware that Mrs. Sheehy-Skeffington has repeatedly, and particularly on 9th December in London under the auspices of the Fellowship of Reconciliation, stated that Captain Bowen-Colthurst is employed by His Majesty's Government in an important position, and that Mrs. Skeffington is making inflammatory speeches in London and other places from time to time calculated to stir up hatred and to prevent reconciliation with Ireland; and whether, in view of the new movement towards a good understanding, he will consider the possibility of preventing Mrs. Skeffington from repeating her allegations?
:My right hon. Friend has asked me to reply to this question. I am aware that Mrs. Sheehy-Skeffington has recently made many statements which are totally devoid of foundation. No general credence is likely to be given to what she says, and, as at present advised, I do not think that any useful purpose would be served by instituting proceedings against her.
:May I ask the Prime Minister if he can state whether this gentleman, Captain Bowen-Colthurst, is employed by the Government in any capacity?
No, he is not.
Peace Proposals
asked the Prime Minister whether he has received a resolution from the Peace with Ireland Council recording its emphatic conviction that reliance on martial law will fail as completely as lawless violence as a means to secure peace in Ireland; whether the resolution further urged him, as an earnest of his desire to secure the co-operation of the Irish people in a settlement which will put an end to the reign of crime, to give free passes to all elected representatives of the Irish people, to recall the auxiliary division and the Royal Irish Constabulary cadets, and thereby create an atmosphere in which it may be possible to reach a settlement; and whether he will take any action on the lines suggested?
I received a copy of the resolution referred to this morning, and as regards the rest of the question I would refer my Noble Friend to the statement which I made on Friday last.
In the interests of peace, will the right hon. Gentleman consider the advisability of first withdrawing the murderers?
Commissions of Inquiry (Reports)
asked the Prime Minister whether the Reports of other Commissions, besides those of the de Salis Commission to Montenegro, the Commission to investigate the massacres at Smyrna, and Lord Milner's mission to Egypt, are to be suppressed; and what has been the cost of these various Commissions?
My hon. Friend is not correct in speaking of the suppression of any Report. I cannot admit that whenever His Majesty's Government receive confidential Reports from British representatives abroad they must be held bound to lay them before Parliament. The adoption of any such rule would make the conduct of public business impossible. The cost of Lord Milner's mission to Egypt was £ 15,725. Count de Salis' mission to Montenegro involved a Foreign Office expenditure of £ 193 9 s . 10d., the War Office having met certain charges for transport, servants, etc. The Smyrna Commission was an inter-Allied body working under the authority of the High Commissioner at Constantinople. The British share of the expenditure appears to have been met by the War Office.
Was it not the Prime Minister who stated in this House during the War that there was to be no more secret diplomacy, but that everything was to be debated on the floor of this House?
No, certainly that was not my phrase. It was President Wilson's.
Can the right hon. Gentleman give us an assurance that his answer does not mean that the Milner Commission Report will not be published, after being promised by the Lord Privy Seal?
This refers to the de Salis Report, which arises out of confidential information.
Will a general Report regarding Egypt be laid on the Table?
We have not received the Report up to the present.
Does not the right hon. Gentleman think it extremely unsatisfactory that news should be conveyed piecemeal to this House through the newspapers? Are we not entitled to have it direct from himself?
I do not know to what my hon. Friend is referring.
Am I not correct in understanding that various reports of the Milner Commission have now been published?
How can the Report of the Commission be published if it has not yet been prepared or finally agreed to?
Unemployment
Road Work
asked the Prime Minister what sum has already been placed at the disposal of local authorities for the purpose of relief work by the construction of arterial roads or the improvement or remodelling of existing thoroughfares; and what sum there is still in hand for the purpose?
I have been asked to reply to this question. The total amount of the proposed provision for grants and loans to local authorities, to enable them to expedite the class of road works referred to in my hon. Friend's question, with a view to the relief of unemployment, is £10,400,000. Approximately half of this sum will be distributed by way of grants, and the remainder will be advanced, if necessary, by way of short-term loans. About half the fund is earmarked for arterial road schemes in Greater London. Schemes of a total estimated cost of £2,250,000 have been provisionally agreed with highway authorities outside the metropolitan area, and further schemes are under consideration.
May I ask if any of this money has yet been placed at the disposal of the authorities?
Oh, yes; quite a consider-able sum.
How many men are now employed? Have any men been employed under these schemes as yet?
Yes. I cannot give the figure at the moment, but I hope to be able to do so later, when the Estimate comes up for discussion.
Is the hon. Gentleman aware that some of the metropolitan boroughs are very dissatisfied at the delay which has occurred in notifying them as to whether their schemes will be approved, and that, as a result, they are not able to give men employment?
No, Sir; I am not aware of that. I am aware that in the case of the borough which my hon. Friend represents there has been a few days' delay only with reference to the finance of the scheme; but, speaking generally, I think I may say that that is the only case in which I have heard of any delay in the sanctioning of schemes.
Is the hon. Gentleman aware that four weeks ago the borough which I have the honour to represent was promised a definite answer, and that they have not had it yet? That was not a few days, but four weeks ago.
I think that that has nothing to do with arterial roads.
Can the hon. Gentleman say whether, in making these grants, any fixed scale of wages is determined upon?
The schemes are undertaken by the local authorities, and the responsibility for the rates of wages is with the authority; but I do not know of any case in which less than the standard rate is paid.
Out-Of-Work Donation
asked the Prime Minister whether, in view of the increasing unemployment and the failure to apply schemes for providing work, any provision is being made for an extension of unemployment donation to civilians on the same terms as those already provided for ex-service men?
I have been asked to reply. I cannot accept the statement of my hon. Friend that there has been failure to apply schemes for providing work to meet the prevailing unemployment. Speaking generally the schemes decided upon as a result of the Cabinet Committee's First Report, regarding which the Prime Minister made a statement on the 19th October, are being developed as rapidly as possible and I desire to thank the local authorities generally for their timely co-operation. In this connection I would refer my hon. Friend to the answer given yesterday to the hon. Member for Chesterfield, of which I am sending a copy. The Cabinet Committee is now considering what further practicable remedies can be applied, and while I am unable at present to state the character of the further measures which will be adopted, I cannot hold out any hope of the resumption of the payments of out-of-work donation to civilian workers, which ceased on the 24th November, 1919.
Why should there be any difference between the donation benefit to civilians and to ex-service men in view of the fact that the cost of living is the same to both and to both families?
Does the right hon. Gentleman think unemployed men and their wives and families suffer less because they happen not to be ex-service men than if they happen to be ex-service men?
The out-of-work donation to ex-service men is a means—a small means if you like—of re-establishing them in civil life after having served with the colours. The House of Commons, on a free vote on 24th November, 1919, set aside the out-of-work donation for civilians. Since that time there has been an amended Insurance Act, under which, instead of 4,000,000 people, 12,000,000 are covered, and the benefit has been increased to 15 s . for men and 12 s . for women.
Have these schemes for providing work been set up in Ireland?
No, I do not think so.
Does the right hon. Gentleman know that there are an enormous number of people out of work in the industrial parts of Ireland?
Yes. My right hon. and learned Friend has called my attention to the case of the linen industry.
Does the right hon. Gentleman think for a moment that the unemployment insurance benefits are adequate to meet the situation; is it not a fact that at present we are living under abnormal circumstances; that there is depression of trade which is likely to continue for some considerable period, and in order to meet that is it not advisable that this should be extended to the civilian population?
I have said that I cannot hold out any hope of a resumption of the out-of-work donation to civilians. As regards the amount of benefit under the Unemployment Insurance Act, in a great many cases the trade unions themselves make an addition to that. I do not say it is fully adequate to meet the cost of living 176 per cent. above the pre-War standard, but it is more than the old Act provided.
Will the right hon. Gentleman see that priority of employment will always be given in Government offices to ex-service men?
It is the Government policy to give preference to ex-service men.
Is it not a fact that since the cessation of hostilities the condition of industry has been such that it has never been possible to absorb the whole of the ex-service men, and is not that the real reason why there are so many out of work?
In August this year and up to that time we had still 142,000 ex-service men, many of them with very fine War records indeed, out of work.
Has the right hon. Gentleman's attention been called to the fact that in America the trade unionists volunteered to share half time with those who are unemployed? May we hope that some such scheme will be provided here, so that men who fought for their country may have a chance of sharing the benefits of trade with trade unionists who did not fight for their country?
Will the right hon. Gentleman consider the possibility of doing what was done during the War when the Prime Minister called the employers and trade union representatives together to consider the advisability of a reduc- tion? If there is not sufficient work to go round, will they consider the possibility of working short time in order that every man may have a share of the work?
Is the right hon. Gentleman also aware that all the miners have been re-employed who came back from the War?
Undoubtedly the mining industry has done very well in absorbing the ex-service men. As regards short time, it is very general at present, and, largely as the result of friendly discussion between employers on the one hand and employed persons on the other, we have recently come to the decision that Government establishments, Royal dockyards and ordnance factories must go on short time, and thereby mitigate what is generally the hardship of unemployment.
Coast Erosion
asked the Prime Minister whether his attention has been called to the serious erosion that is taking place in the district of Blundellsands and Great Crosby, to the north of Liverpool, and to the destruction of valuable houses by reason of the same; whether he is aware that certain Government Departments have been approached but are unable to give any assistance; and whether he will depute a competent person to inquire into the matter?
The answer to the first part of the question is in the negative. I have brought the matter to the notice of the Chancellor of the Duchy of Lancaster, who will inquire into the matter.
Russia
Revolutionary Propaganda
asked the Prime Minister whether one of the conditions to the resumption of trade with Soviet Russia was the cessation of propaganda; if so, whether his attention has been drawn to the seizure of two suit cases full of literature direct from Moscow and Petrograd at South Shields; can he give any information to the House on this point; and what effect, if any, it will have on the progress of any negotiations?
My information on the subject referred to in this question is that three men have been arrested in connection with the importation to this country from Norway of incendiary literature, and the Director of Public Prosecutions is now considering what action he will take in regard to these men. As already stated, it will be one of the conditions of any trade agreement with the Soviet Government that propaganda by that Government should not be carried on, and the continuance of an agreement would depend on that condition being fulfilled.
May I ask whether it is not a fact that this propaganda really did come absolutely red hot from Moscow and Petrograd?
That I cannot tell. I can only deal with the facts as they come to me— from Norway, and I daresay the country of origin is beyond that
Can the Prime Minister state what kind of literature this was?
I do not like to say too much about it, because it is in the hands of the Director of Public Prosecutions, and if there is a prosecution it would be unfair to prejudge the matter.
Are these men in custody?
I believe so.
Does not the right hon Gentleman think that the principal danger of this type of propaganda is in the endeavour to suppress it?
Trade Relations
asked the Prime Minister if he will make a statement as to the present position of the negotiations with the Soviet Government for the conclusion of a trading agreement between Great Britain and Russia; and if the terms and conditions of such agreement, and the guarantees offered by Russia for compliance therewith, will be submitted to this House?
asked the Prime Minister whether he can now make a statement as to the conclusion of a trade agreement with Russia?
asked the Prime Minister whether he can now make any statement regarding the opening of trade relations with Russia.
I cannot add anything to the replies which I gave to questions on this subject on Monday last.
Is there any difference of opinion between the various Members of the Government in regard to this Commission?
Royal Navy
New Construction
asked the Prime Minister whether he can give any estimate of the time required for the investigation of the Committee of Imperial Defence into the question of new ship construction for the Royal Navy; whether it is the intention of the Committee to take evidence from officers of the Royal Navy of all ranks; whether the evidence will be published as a Parliamentary Paper; whether the Committee of Imperial Defence who will finally decide the question includes a naval officer; whether the Board of Admiralty will be represented on the Committee; whether the Committee of Imperial Defence will be assisted in their consideration of the problem and of the evidence given before them by any naval officer or representative of the Admiralty; and can he state how the Committee of Imperial Defence is now constituted?
The answer to the first part of the question is in the negative. With regard to the second part, it is the intention of the Committee to consult all naval and other experts whose advice may be of value. In regard to the third part, the answer is in the negative, as questions of high policy are involved. In regard to the fourth, fifth, and sixth parts, naval experts from the Admiralty are always in attendance, and take an active part, at meetings of the Committee of Imperial Defence whenever questions in which the Navy is involved are being discussed. As regards the last part of the question, the constitution of the Committee of Imperial Defence has undergone no change since its inception in 1904.
May I ask whether the right hon. Gentleman will not reconsider the question of the publication of the evidence given before the Committee, and whether it would not be of great use to Members of this House, and also to the country at large, and give them greater opportunities of understanding all the various aspects of the problem involved, if they could have an opportunity of seeing the evidence?
I think it must be obvious to my Noble Friend-that it would be very undesirable that discussions of this highly confidential character should be made public. If it were known that everything said there would be published, a good many things which it is very important that we should examine would be ruled out. It is vital that we should examine things which are very difficult and delicate, and of a confidential character, and if everything said or written on the subject were to be published it would make it impossible to consider them properly.
Would the right hon. Gentleman consider the question of giving a summary of the evidence?
Will expert opinion be obtained from private shipbuilders?
That question was put recently by my right hon. Friend the Member for Blackburn (Sir H. Norman). I think it is absolutely essential, when we come to the question of construction, that not merely naval but also civilian evidence should be taken.
As the Prime Minister states that there has been no change in the constitution of the Defence Committee since 1904, may I ask whether Lord Esher was not a member of it in 1904, and may we take it that the principle is at an end by which civilians outside the Government are members of this Committee?
There is a right to summon anyone there whose information would be valuable in reference to a particular question. We are now beginning the examination of this problem, and we should certainly summon anyone there from whom it would be important for us to get counsel. I do not mean that the personnel of the Com- mittee is the same, but the principle is the same, and the construction of the Committee is the same.
In summoning these witnesses, would it be possible to summon those who have some special knowledge of the Dominion point of view on this question of naval defence?
That, of course, is a very important element, because in any naval construction in future I trust the Dominions will take a fair part.
Mates and Lieutenants (Pay)
{ by Private Notice ) asked the Parliamentary Secretary to the Admiralty whether he is yet in a position to make any statement as to the emoluments of mates and lieutenants promoted from mate, in view of the serious financial embarrassment in which these officers find themselves?
Yes, Sir; a special scale of pay has been sanctioned for officers now in the Service who were promoted to the rank of mate prior to the 1st January, 1920, as follows:
Battle of Jutland
{ by private notice ) asked the Parliamentary Secretary to the Admiralty whether the Jutland papers will be obtainable in the Vote Office before the House rises?
Yes, Sir. To-morrow.
Einwohnerwehr (Bavaria)
asked the Prime Minister whether agreement has been reached with the German Government that the Einwohnerwehr in Bavaria shall be allowed to remain armed to the extent of the estimated number of armed Communists in Bavaria; by whom this estimate is to be prepared; and what is the estimated number at present?
The answer to the first part of the question is in the negative. The other parts do not therefore arise.
Ex-Service Men
Forcible Removal, Redhill
asked the Prime Minister whether his attention has been drawn to the discovery of Mr. Skinner and four children in the dairy barn at Outwood, near Redhill, suffering from influenza, who were removed to Redhill Infirmary and are now in a critical condition; is he aware that the husband, Robert George Skinner, is a discharged soldier with a silver badge; that he was Ordered to vacate his cottage on discharge by his employer; that he was unable to obtain alternative accommodation for his wife and six children; and that his family and effects were forcibly removed from the cottage and placed in the barn, which had a galvanised roof with many holes plugged with clay; and whether, seeing that this treatment is directly responsible for the condition of the family of this ex-service man, can the Government take action to render such a state of affairs impossible?
I have been asked to reply to this question. My attention has not previously been drawn to this distressing case, and I am causing immediate inquiries to be made into it. As my Noble Friend is no doubt aware, the eviction of a tenant of a house to which the Rent Restriction Act applies is a matter for the Court, and that I have no authority to intervene in such matters.
Building Trade (Dilution)
asked the Prime Minister whether he can now give the decision of the Government with regard to dilution in the building trade and the employment of ex-service men?
I have been asked to reply. I am sending my hon. Friend a copy of the reply which I gave on this subject yesterday to my hon. Friend the Member for South Kensington.
Rhodesia
asked the Prime Minister whether he has received the Report of Lord Cave's Commission on their visit to South Africa; what is the cause of the delay in completing the Report; and whether the whole question of the future administration of Rhodesia is hung up "in the meantime?
The answer to the first part of the question is in the negative. The delay is due to the fact that the advisers of the Crown have found it necessary to make further inquiries in South Africa. I understand that the Commission will meet again at an early date. I hope it will shortly be possible to make a statement on the question of the future government of Southern Rhodesia.
Will any statement be made with regard to the Government of Rhodesia until Parliament has had an opportunity of considering this very important point?
Certainly, we will take no final decision without communicating to the House of Commons the Colonial view.
Are we to understand that negotiations are taking place between His Majesty's Government and the Government of the Union of South Africa with regard to the future status of Rhodesia in the British Empire?
Of course, a good deal depends on the result of the Commission, and there is ho doubt at all that the Colonial Secretary is in touch with the Government of South Africa on this subject.
Peace Treaties
Turkey
asked the Prime Minister whether, by the peace signed on the 2nd December between the Kemalist and Armenian Governments, parts of Russian Armenia and of Persia are surrendered to Turkey; whether these conditions indicate a difference between the Kemalist and Soviet Governments; and whether he proposes to take any steps to prevent Turkey from controlling these areas where the Turkish race is in an insignificant minority?
The information in possession of His Majesty's Government as to the terms of the recent peace between Armenia and the Turkish Nationalists is not explicit enough to enable me to answer the question.
In view of recent developments in Turkey and in Greece, does not the right hon. Gentleman consider it advisable to try and reach an agreement with both Turkish Governments on the basis of freeing Turkish majorities in the Smyrna territory from Greek control, in consideration of evacuation by Kemalists of those areas in Kurdestan and Armenia where the Turks are only an insignificant minority; and, further, would not it be to the advantage of Allied interests if by such means a united Turkish Government could be re-established under Allied instead of Soviet influence?
My hon. Friend is raising a very big question, which involves several questions of controversy both as to fact, principal and policy.
Naval Construction, Germany
asked the Lord Privy Seal whether the Government have any information regarding the report that the main committee of the German Reichstag have approved the expenditure of 25,000,000 marks for the building of a light cruiser; whether such action conforms to the spirit of the Peace Treaty; and whether expenditure of this nature will affect the ability of Germany to comply with her obligation as to financial reparations?
Yes, Sir. His Majesty's Ambassador at Berlin confirms the information. As regards the last two parts of the question, I cannot add anything to the answer given to my hon. and gallant Friend on this subject on the 9th December.
Heligoland
asked the Under-Secretary of State for Foreign Affairs whether the provisions of the Treaty of 1st July, 1890, ceding Heligoland to Germany, whereby the ancient laws and customs of the islanders were preserved to them and certain rights accorded to British fishermen, were faithfully carried out by Germany; and, if not, whether Great Britain can hold Heligoland as part security for the due performance by Germany of her obligations under the Versailles Treaty or, at any rate, until the native laws and customs of the islanders and the rights promised to British fishermen are restored to them as promised by Germany when she obtained possession of the island?
The Anglo-German Agreement of 1st July, 1890, is one of those bilateral treaties which His Majesty's Government, in pursuance of Article 289 of the Treaty of Versailles, decided not to renew. The Agreement has therefore lapsed. His Majesty's Government have no reason to suppose that the German Government intend to withdraw the privileges granted under Article XII., Sections 4 and 7, of this Agreement. The action, suggested by the hon. Member, would not be possible.
Do I understand that the position is now as it was before and that the Treaty of 1890 has come to an end?
That is so.
As the islanders never wished to come under Germany and we secured for them certain rights which Germany has violated, and secured certain rights for our fishermen which have also been violated, cannot the island be either handed over to those people or kept by us as security for our indemnity?
As I have said, there is no reason to suppose that the German Government will not continue to observe the terms of the Treaty. If they fail to do so that will be a matter for consideration.
In view of the fact that the Treaty which was entered into when the island was ceded to Germany has come to an end, is not the position as if no such Treaty were established and therefore the position of this country is as it was prior to the Treaty?
Cattle, Germany
asked the Under-Secretary of State for Foreign Affairs whether a semi-official French Note just issued states that France intends to insist on the full claim made by her on Germany through the Reparations Commission for 500,000 milch cows and 10,000 oxen; and will the total claim for 810,000 cows be insisted upon by the Reparations Commission unless some of the Allied Governments protest?
I would refer the hon. Gentleman to the full statement on this subject which was printed in the OFFICIAL REPORT on December 14th, in reply to the questions on the same subject asked by the hon. Member for Dartford.
Palestine
asked the Prime Minister whether any agreement has now been reached between the French and British Governments regarding the northern and eastern boundaries of Palestine; what frontier, if any, has been agreed upon; whether any reservations have been made regarding the use of water power; whether the mandate for Palestine has now been decided upon and sent to the secretary-general of the League of Nations; and whether the terms of this Mandate will now be made public and laid as a Parliamentary Paper?
An agreement has been reached in principle with the French Government regarding the frontiers of Palestine and the use of water power, but negotiations are still proceeding on points of detail. They should be completed and the agreement signed at an early date. Subject to the concurrence of the French Government, the agreement will then be published and laid as a Parliamentary Paper. The answer to the fourth part of the question is in the affirmative. No decision can be taken regarding the publication of the Mandate until it is known what action the Council of the League intend to take in the matter.
Are we to understand that this mandate has been shown to any other Government, or has it been prepared by the British Government and sent direct by them to the League of Nations?
I think there was consultation, at least, with the French Government.
Can the right hon. Gentleman say whether the Northern frontier will include the waters of the Litany river?
No; they never have been included in Palestine. The agreement entered into between M. Clemenceau and myself was that Palestine was to be the old historic Palestine, that is, from Dan to Beersheba. That does not include the Litany river.
Canadian Cattle (Embargo)
asked the Prime Minister whether his attention has been called to the reported statement of the Minister of Agriculture at Leicester, that the abnormal slaughter of calves in this country might make the importation of store cattle irresistible, with what the Minister called all the risks that might mean to the health and safety of our herds; whether, seeing that conflicting ministerial statements are disturbing the good relations between this country and Canada and between the federal and provincial authorities in Canada itself, he will say definitely what the Government policy is; and whether, in any circumstances, it is proposed to ask Parliament to legislate for the removal of the embargo?
I have nothing to add to the answer given on Tuesday last to a similar question by my hon. Friend.
Is the right hon. Gentleman aware that the reply on Tuesday had no reference to the statement of the Minister of Agriculture, and can he now say whether the statement by the Minister of Agriculture repeats the policy of the Government?
I think it does. I Lave looked carefully at the answer given last Tuesday to one of the very searching questions which my hon. Friend is in the habit of addressing to Ministers, and I think the answer was very satisfactory, as Ministers' answers usually are.
Is it a fact that the Government has no intention whatever of legislating for the removal of this embargo?
That is a very big question of policy upon which there are differences of opinion.
Trade and Commerce
Overseas Trade Credits
asked the Prime Minister if, in view of the number of men reported to be out of work in Lincoln and the fact that agricultural implement makers are very lightly employed owing to the inability of their normal markets in Central Europe to pay at the present rates of exchange, further State liability in assisting credits is preferable to complete loss by unemployment pay; and when he hopes to be able to make a definite statement regarding credit insurance now under consideration?
Exports of agricultural machinery from this country to the countries scheduled to the Overseas Trade (Credit and Insurance) Act, 1920, can already be dealt with under the export credit scheme. My right hon. Friend the President of the Board of Trade is in communication with the interests concerned with regard to credit insurance.
Can the Prime Minister say whether in view of the increasing difficulty of the adverse exchanges he will give the House an assurance that he will make every attempt now by consultation with bankers and insurance companies to evolve some auxiliary scheme of the existing Board of Trade credit scheme?
Certainly I will give that assurance. As a matter of fact the bankers and the Government are considering this question. They interchanged views on the subject some weeks ago at a general meeting between some of my right hon. Friends and myself and bankers and some of the industrial chiefs in this country. Since then there has been examination of details with a View to seeing whether it is possible for the bankers to elaborate a scheme of this kind. It seems to me at this time to be the most helpful way of restarting trade between Central Europe and ourselves.
Is it not a fact that a great deal of trade could be done and a great number of risks would be taken, thereby greatly increasing employment in this country, but those risks are not taken because the firms refuse to take them and then hand over their profits, if any, to the Government under the Excess Profits Duty.
The problem is not so simple as the hon. Member imagines these problems are. It is a problem of exchange, and if he were to abolish Excess Profits Duty to-morrow it would not solve this problem. It is a very big question of exchange. There must be some means of restarting the circulation of business with these countries.
asked the Parliamentary Secretary to the Overseas Trade Department whether the inclusion of wool tops, noils, and waste has now been made within the provision of the exports credit scheme?
Arrangements have now been made to include wool tops, noils and waste—the products and by-products of combing—within the export credits scheme.
Munitions
St. Omer Dump
asked the Prime Minister if any communication has been received by the Government from Lever Brothers, Limited, with respect to the St. Omar dump sale since the issue of the last Report from the Select Committee on National Expenditure?
Yes, Sir. A communication has been received from Lord Leverhulme, the head of Messrs. Lever Brothers, which I will read to the House:
"MY DEAR PRIME MINISTER,
I am astonished to hear references in Parliament are still being made to St. Omer Dump, and have to-day telegraphed yourself as copy enclosed. The incident occurred whilst I was abroad, but after my return to England I made full enquiry into the details of the matter, and arrived at the considered judgment that Lever Brothers had received every opportunity to acquire the Dump, had we agreed to pay the price required. We have no complaint against the Ministry, and I sincerely regret the whole incident. As far as I know, it is merely one of those incidents where the buyer hopes to buy on more favourable terms later by non-acceptance, and, as so often happens, we missed the opportunity to purchase entirely.
Yours sincerely,
(Signed), LEVERHULME."
Is it not a fact that that is in direct contradiction to the findings of the inquiry; that the inquiry found that grave errors of judgment had been made in this matter, and is it not a fact that this scandal is one of the minor of the many scandals which still require to be inquired into?
I agree, and if they are scandals of the same type as this, the Ministry of Munitions has very good reasons to congratulate itself. A statement was made that they rejected an offer of a higher price in favour of a lower one, although the offer came from the head of a reputable firm; but the head of that firm denies it, and says there is no truth in it.
League of Nations
Secretaey-General's Report
asked the Lord Privy Seal whether he has received a copy of a Resolution unanimously adopted at a largely-attended meeting of the Parliamentary Committee of the League of Nations Union, including representatives of all political parties, expressing regret that the Report of the General Secretary of the League of Nations on the work of the executive of the League had not been laid upon the Table of the House as a Parliametnary White Paper; and whether he will now cause this to be done?
Yes, Sir. The Report will be laid on the Table as a White Paper.
War Loan Dividends
asked the Chancellor of the Exchequer if it is necessary to print the name and address of holders and the amount of dividends on payments for interest on War Loan; and whether this is a waste of public money?
Experience has shown that the printing of names, addresses, and amounts, besides securing accuracy, is actually the most economical method for these very large transactions.
Is there any other business firm doing the same thing?
I do not know of any business firm which does transactions on this scale.
Estimates (Savings)
asked the Chancellor of the Exchequer what are the principal headings under which the savings on the Estimates of £60,500,000 he foreshadowed on Thursday last may be looked for?
As I stated to the House the other day, I should prefer not to give any details at present. It is too early in the financial year to speak with certainty as to individual items and I am less in danger of misleading the House if I give only the rough estimate of the total.
Pyroxylin Solution, Duty
asked the Chancellor of the Exchequer whether he is aware that the Board of Customs and Excise charge the full spirit duty oh the spirit contained in pyroxylin solution imported for the production of patent leather in this country; and whether, in view of the heavy tax which this imposes upon the development of the industry, he will take steps, by legislative action or otherwise, to authorise the Board of Customs and Excise to rebate the duty, seeing that pyroxylin solution can only be used for industrial purposes?
Under the law the full spirit is chargeable on the importation of all preparations and mixtures containing spirits according to the proof quantity of spirit contained. I have no power to make an exception in favour of the article referred to by my hon. Friend nor, as at present advised, do I consider an amendment of the law desirable.
Transport
Railways (Receipts and Expenditure)
asked the Chancellor of the Exchequer on what grounds he stated that the railway companies spent or collected £600,000,000 annually; and whether he is aware that the Minister of Transport issued a circular last September in which he stated that the average annual amount collected by the railway companies in the five years ending December, 1919, was £160,000,000 and that the estimated amount this year was £228,000,000?
The figure of £600,000,000, as representing the amount spent and collected annually by the railway companies, related to the controlled companies in the whole of the United Kingdom on the present scale of expenditure and receipts. The total expenditure on railway working, including cartage and all subsidiary businesses, such as steamboats, docks, and hotels, is about £ 275,000,000, and the total receipts are now estimated to be at the rate of £ 325,000,000, making together the grand total of £600,000,000 as the money value of the transactions, in practically all of which the taxpayer is directly concerned. The figures to which the right hon. Baronet refers in the latter part of his question are presumably those accompanying a circular issued in September last by the Ministry of Health to rating authorities. They were prepared by the Ministry of Transport in July, and related to the companies in Great Britain only. As quoted they do not include the subsidiary businesses, while, in regard to receipts, they necessarily make no allowance for subsequent increases in working expenses oh the one hand and rates, fares, and charges on the other.
Were not the figures issued for the five years figures for Great Britain, while the figures just read out were for this year, and has the right hon. Gentleman arrived at £600,000,000 by adding receipts and expenditure together?
I arrived at the figure £600,000,000 by taking receipts and expenditure together. The Government, under the existing scheme, is equally interested in receipts and expenditure. The figures are for the "current year. I cannot answer for the figures given on a previous occasion by another Minister.
What proportion of that goes to railway directors?
I cannot say, but it has no relevance to this question.
Is it a fact that in the case of one railway alone wages have risen from £6,100,000 to £21,000,000?
Is it a fact that directors' fees have not risen at all?
Excess Profits Duty
asked the Chancellor of the Exchequer whether, in view of the Excess Profits Duty expiring on the 31st instant and his Budget statement for 1921-22 not being due for some four months later, he will make some statement as to his policy on this subject when the House meets in February, in order to remove the un-certainty to trading circles and consequent dislocation of business, which is-inevitable if his views on this subject are not known till the business and Excess Profits Duty year is one-third gone?
I will bear my hon. and gallant Friend's suggestion in mind, but he must, I am sure, be conscious of the difficulties involved in it, not the least of which is that when a group of taxpayers think they know the intentions of the Chancellor of the Exchequer' they are prone so to arrange their business that the revenue derives the least possible advantage from his proposals.
Is the right hon. Gentleman aware that it is in the interests of the people that that should be so, and that the only arrangements they would make would be to develop their business, and thereby create employment, provided that they knew that this duty would be removed?
No. I think that the suggestion of the hon. Member is a mistake.
It is very funny, but it is not true.
Revenue (Realisation of Assets)
asked the Chancellor of the Exchequer whether he is aware that assets at the conclusion of hostilities approximately valued at £1,000,000,000, purchased out of loans, were left over for realisation, and that until the present time the proceeds of such of these assets as have been realised have been counted as revenue; and whether, in the interests of sound finance and accountancy, he will in framing the next Budget take measures to prevent any drawing upon assets for revenue?
The realised assets have been roughly set against out-standing War obligations falling due in the same period, to which must be added this year the redemption of War debt. This appears to me to be consonant with sound finance, though the national accounts are not drawn up in the form suitable for a trading corporation.
Expenditure (Parliamentary Sanction)
asked the Chancellor of the Exchequer how Government Departments which spend money before obtaining Parliamentary sanction obtain the money to spend; and whether money can be issued from the Exchequer for purposes not sanctioned by Parliament?
No Department can draw from the Exchequer any sum in excess of the sum granted to it by Parliament. The Treasury has a limited power to make temporary advances in urgent cases from the Civil Contingencies Fund where the necessities of the public service make expenditure in anticipation of a Supplementary Estimate essential, but the exercise of this power is jealously guarded; and it is the recognised principle that in such a case a Department must approach Parliament at the earliest possible opportunity in order to obtain sanction for its increased expenditure.
Is any money required by the Minister of Health in present circumstances, and will it be treated as an urgent case by the Treasury to justify expenditure?
I could not answer a general question of that kind, nor could I, even for my right hon. Friend the Minister of Health, give a general permission to spend money.
Without Parliamentary sanction?
With or without.
Government Departments, Receipts
asked the Chancellor of the Exchequer whether Departments disposing of Government property now pay into the Treasury the gross sums received without deduction, or if they pay in the balance left after deducting departmental expenses; and, if the latter, will the Treasury in future, in the interests of, economy and proper control, claim the total receipts and only pay out such expenses as have been examined and approved?
The gross sums are paid direct to the Treasury except where Parliament specifically appropriates them or a portion of them in aid of a Vote. Payment into the Exchequer is the procedure now followed in respect of the largest receipts, such as those of the Post Office, Inland Revenue, Disposal Board, Ministry of Food, etc. It has, however, this disadvantage, that it misleads the taxpayer and, I fear, I must add, the House, both as to the real expenditure of the Government and the demand on the taxpayer. The Government is considering whether it would be possible by an alteration of the form of the Votes or in any other way to make the real position more easily comprehensible.
Greece
asked the Under-Secretary of State for Foreign Affairs what sums Great Britain has at various times contributed to the upkeep of the Greek troops in Asia Minor?
Great Britain has contributed nothing to the upkeep of the Greek troops in Asia Minor.
asked the Under-Secretary of State for Foreign Affairs why the Foreign Office expressed surprise at the turn which events have taken in Greece; and if they had been informed that these events would probably take place?
My hon. Friend is, I presume, referring to the expression contained in the joint Note to the Greek 'Government, a document which was drafted by the representatives of the three Powers at the recent conference in London. As regards the last part of the question, His Majesty's Government had been informed from some quarters that the Gounarist party might secure a bare majority, but the balance of intelligent and well-informed opinion inclined to the certitude of a Venezelist victory.
Am I to understand that the Foreign Office is surprised at the Note of the Supreme Council?
I have met persons who tell me that they knew what was going to happen, but we did not know it at the time.
Emir Feisal
asked the Under-Secretary of State for Foreign Affairs whether, during the War, certain pledges were given to the Emir Feisal; and if we have carried out those pledges?
I would refer my hon. Friend to the reply to his question on the same subject to the Prime Minister on Friday, 22nd October.
Passports, Luxemburg
asked the Under-Secretary of State for Foreign affairs whether anything has been done in the matter of the attempt of the Grand Duchy of Luxemburg to stop English travellers from proceeding to Switzerland through Belgium by inflicting a fine on them in the shape of a visa costing 65 francs at the frontier; whether he is aware that on the morning of the 9th December a Roumanian was allowed to pass the frontier without payment, an Italian was charged 2.50 francs, a Swiss 25 francs, a Frenchman 10 francs, and two Englishmen 65 francs each, all these being passengers on the same train; and whether the Luxemburg Government had taken these steps without informing their representative at the Dutch Legation?
My attention has been drawn to the charge of 65 francs made to British travellers by the Luxemburg authorities on arrival at the Luxemburg frontier. Under a recent decree of the Luxemburg Government, travellers not of Luxemburg nationality desirous of entering that country are to be charged a fee corresponding to the visa fee charged by the Government of the country of which the traveller is a national. The fee charged by the British Government for the single journey visa is 10s., and inquiries are being made of the Luxemburg Government as to the reasons for which the higher charge of 65 francs has been made on British travellers at the Luxemburg frontier. No information has been received as to the charges made on other foreign travellers. I am not aware that the Luxemburg Government have taken any steps respecting the entry of foreigners into Luxemburg without informing their representative in London.
Education
School Teachers' Certificates
asked the President of the Board of Education whether it is the practice of the Board to grant the teacher's certificate to persons who have not obtained the certificate by examination; whether a certificate has recently been granted to Lieut.-Colonel Holmes; what experience Lieut.-Colonel Holmes has had of teaching in an elementary school; and whether the Board propose granting certificates in similar cases in future?
The Board reserve to themselves power to recognise as certificated teachers persons who possess qualifications substantially equivalent to those represented by the Board's certificate and in exceptional circumstances to grant temporary recognition as they deem expedient. The cases in which the Board exercise this power are exceptional and are very carefully considered. Lieut. -Colonel Holmes is a D.Sc. of the University of Glasgow, and has been on the teaching staff of the university for three years. He is now teaching in a public elementary school, and has been recognised by the Board as a certificated teacher on probation for two years. This recognition may be made permanent at the end of that period if satisfactory reports on his work are received by the Board.
Is it the intention of the Board to follow this practice in future?
As I informed my hon. Friend in my answer, it is the intention in exceptional circumstances.
Is it not clearly the fact that the training given at the universities is altogether superior to anything to be obtained by teaching in an elementary school or elsewhere?
The Board are entirely satisfied with it.
Would it not be advisable for the Board of Education to grant certificates in exceptional cases similar to this?
That is being done.
Llanybri (School Endowment)
asked the President of the Board of Education whether it is his intention to formulate a scheme for the future regulation of the Elizabeth Lloyd School Charity, at Llanybri, Carmarthenshire: and whether consideration will be given in such a scheme to the claims of the scholars so that the dividends accruing from the charity will be utilised for some educational purpose such as providing scholarships for the school children?
The Board of Education have been in communication with the trustees with a view to the formulation of a scheme for this foundation, but the trustees have not yet formally applied for a scheme. Any scheme framed by the Board will provide for the utilisation of the endowment for the educational benefit of the children who are entitled to benefit under the Trust.
Aliens (Immigration)
asked the Home Secretary whether the antecedents of intending immigrants are carefully examined, and by whom; and will the large number of promiscuous immigrants from Europe now being rejected in America be allowed to enter this country?
The answer to the first part of the question is Yes, by the-immigration officer and by the medical inspector. As regards the second part, no undesirable aliens will be admitted.
What steps are being taken to prevent this enormous influx of aliens into this country?
There is no enormous influx.
Does the right hon. Gentleman recognise that these aliens; coming into this country require houses and take employment from our own people, and will he see that every step is-taken to prevent their entry?
There is no influx of any-description.
Business of the House
Saturday Sitting
I beg to ask the Lord Privy Seal if he can state what business will be taken next week, and if can tell us when the House proposes to adjourn?
May I ask the right hon. Gentleman my usual question on the subject of the Motion which stands in his name, namely, whether he will undertake not to proceed with the Civil' Service Estimates after eleven o'clock to-night?
I cannot give that promise, but I hope to take them before that hour.
And if you cannot?
We shall take them afterwards, if the House agrees.
It is a great scandal.
There was a great scandal yesterday. With regard to the business for next week, I propose to state what I hope may be possible, but as I have already said, it depends on the House, and it is quite obvious we can be prevented from finishing the business next week, but I hope it will not take place.
Another scandal!
As already announced, upon to-morrow and Saturday we propose to take the Dyestuffs (Import Regulation) Bill.
Monday, Official Secrets Bill, Report; Land Acquisition Bill, Report, and Report stage of Supplementary Estimate and Air Navigation Bill.
Tuesday and Wednesday, Appropriation Bill and Lords Amendments to Agriculture Bill.
On Thursday, Prorogation.
This arrangement is, of course, subject to the Lords Amendments to the Agriculture Bill and this programme being completed.
Is it not the fact that when the eleven o'clock rule is suspended, 250 and sometimes 300 Members go into the Lobby to support it, and is it not also the fact that at half-past eleven at night it is impossible to find 100 Members in the House, and under those circumstances will he make an appeal to his supporters not to go into the Lobby to force other men to sit here after eleven o'clock unless they are prepared to do the same themselves?
I am prepared to make an appeal, but not quite in that form. If the majority of hon. Members really wish to have the business finished I hope that they will do their best to stay and assist us to carry it through.
May I ask whether before the end of the Session the Government are going to introduce a Bill in view of the Health Bill having been defeated in the House of Lords to extend the time during which grants to private builders can be given?
The Government have not considered precisely what steps are necessary in order to deal with that matter.
Will the right hon Gentleman endeavour to see that the Air Navigation Bill, which is of great importance, is not taken in the early hours of the morning but at a reasonable hour when it can be properly considered?
I should be glad to see all business conducted at a reasonable hour, but that does not depend on me.
In view of the fact that some thousands of private builders are building houses on a definite understanding, and as they are in difficulty at the moment and do not know exactly where they are on that understanding, and with a view to preventing an increase of unemployment, would it not be advisable for the right hon. Gentleman and the Government to make some kind of statement as early as possible so that those engaged in this industry may not be adversely influenced?
Yes, in one form or another the Government will make it quite plain that the obligation which we have undertaken will be carried out.
Motion made, and Question put,
4.0 P.M.
"That the Proceedings on Consideration of Lords Amendments to Government of Ireland Bill, on Juvenile Courts Bill [ Lords' ], of the Committees of Supply and Ways and Means, Official Secrets Bill [ Lords ], on the Married Women (Maintenance) Bill [ Lords ], on Consideration of Lords Amendments to Married Women's Property (Scotland) Bill, Women, Young Persons, and Children (Employment) Bill, and Criminal Injuries (Ireland) Bill be exempted at this day's Sitting from the provisions of the Standing Order (Sittings of the House)."—[ Mr. Bonar Law. ]
The House divided: Ayes, 194; Noes, 53.
Division No. 410.] AYES. [4.0 p.m. Adair, Rear-Admiral Thomas B. S. Banner, Sir John S. Harmood- Bird, Sir A. (Wolverhampton, West) Addison, Rt. Hon. Dr. C. Barnston, Major Harry Boles, Lieut.-Colonel D. F. Adkins, Sir William Ryland Dent Barrand, A. R. Borwick, Major G. O. Agg-Gardner, Sir James Tynte Barrie, Charles Coupar Bowyer, Captain G. E. W. Amery, Lieut.-Col. Leopold C. M. S. Barton, Sir William (Oldham) Boyd-Carpenter, Major A. Archdale, Edward Mervyn Beckett, Hon. Gervase Bridgeman, William Clive Archer-Shee, Lieut.-Colonel Martin Bellairs, Commander Carlyon W. Brittaln, Sir Harry Astor, Viscountess Benn, Sir A. S. (Plymouth, Drake) Bruton, Sir James Bagley, Captain E. Ashton Bentinck, Lord Henry Cavendish- Buchanan, Lieut.-Colonel A. L. H. Baird, Sir John Lawrence Betterton, Henry B. Buckley, Lieut.-Colonel A. Baldwin, Rt. Hon. Stanley Birchall, Major J. Dearman Burn, Col. C. R. (Devon, Torquay) Burn, T. H. (Belfast, St. Anne's)] Henry, Denis S. (Londonderry, S.) Pollock, Sir Ernest M. Butcher, Sir John George Hinds, John Pownall, Lieut.-Colonel Assheton Carr, W. Theodore Hoare, Lieut.-Colonel Sir S. J. G. Pratt, John William Carson, Rt. Hon. Sir Edward H. Hope, James F. (Sheffield, Central) Prescott, Major W. H. Casey, T. W. Hopkins, John W. W. Purchase, H. G. Chamberlain, Rt. Hn. J A. (Birm. W.) Hunter, General Sir A. (Lancaster) Reid, D. D. Churchill, Rt. Hon. Winston S. Hurd, Percy A. Remnant, Sir James Cockerill, Brigadier-General G. K. Hurst, Lieut.-Colonel Gerald B. Robinson, Sir T. (Lancs., Stretford) Cohen, Major J. Brunel Illingworth, Rt. Hon. A. H. Rodger, A. K. Colvin, Brig.-General Richard Beale Inskip, Thomas Walker H. Roundell, Colonel R. F. Conway, Sir W. Martin Jesson, C. Rutherford, Colonel Sir J. (Darwen) Coote, William (Tyrone, South) Jodrell, Neville Paul Sanders, Colonel Sir Robert A. Cope, Major Wm. Jones, J. T. (Carmarthen, Llanelly) Sassoon, Sir Philip Albert Gustave D. Cory, Sir J. H. (Cardiff, South) Kellaway, Rt. Hon. Fredk. George Scott, A. M. (Glasgow, Bridgeton) Courthope, Major George L. King, Captain Henry Douglas Seddon, J. A. Cowan, D. M. (Scottish Universities) Kinloch-Cooke, Sir Clement Shaw, Hon. Alex. (Kilmarnock) Craig, Capt. C. C. (Antrim, South) Law, Rt. Hon. A. B. (Glasgow, C.) Shortt, Rt. Hon. E. (N'castle-on-T.) Craig. Colonel Sir J. (Down, Mid) Lewis, Rt. Hon. J. H. (Univ., Wales) Sprot, Colonel Sir Alexander Curzon, Commander Viscount Lindsay, William Arthur Stanier, Captain Sir Beville Davidson, J. C. C. (Hemel Hempstead) Lloyd, George Butler Stanton, Charles B. Davies, Thomas (Cirencester) Lonsdale, James Rolston Stephenson, Lieut.-Colonel H. K. Davies, Sir William H. (Bristol, S.) Lorden, John William Stewart, Gershom Davison, Sir W. H. (Kensington, S.) Loseby, Captain C. E. Sturrock, J. Leng Denniss, Edmund R. B. (Oldham) Lyle-Samuel, Alexander Sutherland, Sir William Dixon, Captain Herbert Lynn, R. J. Terrell, Captain R. (Oxford, Henley) Donald, Thompson M'Curdy, Rt. Hon. C. A. Thomas-Stanford, Charles Doyle, N. Grattan M'Lean, Lieut.-Col. Charles W. W. Thomson, Sir W. Mitchell- (Maryhill) Du Pre, Colonel William Baring McNeill, Ronald (Kent, Canterbury) Thorpe, Captain John Henry Edge, Captain William Macpherson, Rt. Hon. James I. Townley, Maximilian G. Edwards, Major J. (Aberavon) Magnus, Sir Philip Townshend, Sir Charles Vere Ferrers Edwards, Hugh (Glam., Neath) Malone, Major P. B. (Tottenham, S.) Walters, Rt. Hon. Sir John Tudor Elliot, Capt. Walter E. (Lanark) Marriott, John Arthur Ransome Ward, Col. J. (Stoke upon Trent) Elveden, Viscount Mason, Robert Warren, Lieut.-Col. Sir Alfred H. Eyres-Monsell, Commander B. M. Matthews, David Wason, John Cathcart Falcon, Captain Michael Mildmay, Colonel Rt. Hon. F. B. Whitla, Sir William Falle, Major Sir Bertram G. Moles, Thomas Willey, Lieut.-Colonel F. V. Farquharson, Major A. C. Molson, Major John Elsdale Williams, Lt.-Com. C. (Tavistock) Ford, Patrick Johnston Mond, Rt. Hon. Sir Alfred M. Williamson, Rt. Hon. Sir Archibald Foreman, Henry Moore-Brabazon, Lieut.-Col. J. T. C. Wills, Lieut.-Colonel Sir Gilbert Fremantle, Lieut.-Colonel Francis E. Morrison, Hugh Wilson, Capt. A. S. (Holderness) Gange, E. Stanley Munro, Rt. Hon. Robert Wilson, Daniel M. (Down, West) Ganzoni, Captain Francis John C. Murchison, C. K. Wilson, Colonel Leslie O. (Reading) Gardiner, James Murray, John (Leeds, West) Wilson-Fox, Henry Gibbs, Colonel George Abraham Neal, Arthur Wise, Frederick Gilmour, Lieut.-Colonel John Newman, Colonel J. R. P. (Finchley) Wood, Sir H. K. (Woolwich, West) Green, Joseph F. (Leicester, W.) Newman, Sir R. H. S. D. L. (Exeter) Wood, Sir J. (Stalybridge & Hyde) Greenwood, Colonel Sir Hamar Oman, Sir Charles William C. Wood, Major S. Hill- (High Peak) Greig, Colonel James William O'Neill, Major Hon. Robert W. H. Worthington-Evans, Rt. Hon. Sir L. Guinness, Lieut.-Col. Hon. W. E. Ormsby-Gore, Captain Hon. W. Yeo, Sir Alfred William Gwynne, Rupert S. Palmer, Major Godfrey Mark Young, Lieut.-Com. E. H. (Norwich) Hacking, Captain Douglas H. Parry, Lieut.-Colonel Thomas Henry Young, W. (Perth & Kinross, Perth) Hall, Lieut.-Col. Sir F. (Dulwich) Pearce, Sir William Hambro, Captain Angus Valdemar Pease, Rt. Hon. Herbert Pike TELLERS FOR THE AYES.— Hamilton, Major C. G. C. Peel, Col. Hon. S. (Uxbridge, Mddx.) Lord Edmund Talbot and Mr. Parker. Harmsworth, C. B. (Bedford, Luton) Perring, William George
NOES. Adamson, Rt. Hon. William Henderson, Rt. Hon. A. (Widnes) Sexton, James Banbury, Rt. Hon. Sir Frederick G. Hogge, James Myles Shaw, Thomas (Preston) Barnes, Major H. (Newcastle, E.) Holmes, J. Stanley Short, Alfred (Wednesbury) Bell, James (Lancaster, Ormskirk) Irving, Dan Sitch, Charles H. Billing, Noel Pemberton- Johnstone, Joseph Swan, J. E. Brown, James (Ayr and Bute) Kenworthy, Lieut.-Commander J. M. Thomson, T. (Middlesbrough, West) Cairns, John Kenyon, Barnet Walsh, Stephen (Lancaster, Ince) Cape, Thomas Lawson, John J. Waterson, A. E. Davies, A. (Lancaster, Clitheroe) Lunn, William White, Charles F. (Derby, Western) Davies, Evan (Ebbw Vale) Maclean, Rt. Hn. Sir D. (Midlothian) Wilkie, Alexander Davison, J. E. (Smethwick) Mills, John Edmund Williams, Aneurin (Durham, Consett) Devlin, Joseph Murray, Dr. D. (Inverness & Ross) Williams, Col. P. (Middlesbrough, M.) Edwards, G. (Norfolk, South) O'Connor, Thomas P. Wilson, W. Tyson (Westhoughton) Glanville, Harold James O'Grady, Captain James Wintringham, T. Graham, R. (Nelson and Colne) Redmond, Captain William Archer Wood, Major M. M. (Aberdeen, C.) Guest, J. (York, W. R., Hemsworth) Rendall, Athelstan Hancock, John George Richardson, R. (Houghton-le-Spring) TELLERS FOR THE NOES.— Hayday, Arthur Roberts, Frederick O. (W. Bromwich) Mr. G. Thorne and Mr. Hodge. Hayward, Major Evan Rose, Frank H.
Message from the Lords
That they have agreed to,—
Lanarkshire Tramways Order Confirmation Bill, without Amendment.
DEFENCE OF THE REALM (ACQUISITION OF LAND) BILL [Lords]
Reported, with Amendments, from Standing Committee A.
Report to lie upon the Table, and to be printed. [No. 243.]
Minutes of the Proceedings of the Standing Committee to be printed. [No. 243.]
Bill, as amended (in the Standing Committee), to be taken into consideration To-morrow, and to be printed. [Bill 270.]
Orders of the Day
Government of Ireland Bill
Order for consideration of Lords Amendments read.
Motion made, and Question proposed, "That the Lords Amendments be now considered." — [ Sir L. Worthington-Evans. ]
It is a very extraordinary thing that on this occasion, when we have reached the last stage in the consideration of one of the worst Bills that was ever presented to Parliament—but a Bill so arresting in its significance and of such extraordinary consequences not only to Ireland but also to this country and to the whole world—the Prime Minister should be absent from his place. This part of the sitting has been allocated to the discussion of the Lords Amendments.
I rise for the purpose of proposing that the House, declines to proceed to the discussion of these Amendments until we have a statement from the Prime Minister as to what is the Irish policy of the Government. This Bill does not constitute, even in Statute form, the policy of the Government. It is really already an effete measure. It is, in my judgment, dead before it is born, because on the very eve of the discussion of these Amendments by the Lords the Prime Minister, uninvited by anybody, comes down to the House on a Friday morning, a most unprecedented proceeding on the part of any Prime Minister, and in a speech which occupies two columns in the newspapers delivers a fresh declaration of policy in regard to Ireland. It is obviously clear to any intelligent Member of the House that this Bill does not contain proposals that constitute the policy of the Government. If that were the case, what was the need for the Prime Minister to come down last Friday? He was not pressed from these Benches. I do not know whether hon. Gentlemen opposite pressed him to come down and make this declaration or not, but, so far as we are concerned, it was an entirely voluntary declaration on the part of the Prime Minister. That declaration was that he was prepared to enter into negotiations with the majority of the elected representatives of the people in Ireland' in order to decide whether it was possible to arrive at a common agreement by which some scheme or some proposals might be evolved that would bring a satisfactory solution of this problem to Ireland and to England.
In view of that declaration I want to know why the Prime Minister is not here now. I want to know also why the Government intend to proceed with this Bill. So contemptuous are the Government themselves of their own measure, which they know was sought for by nobody, is believed in by nobody, has satisfied nobody, and has been ridiculed by every intelligent man everywhere, so contemptuously is it treated even by those who are its foster fathers on that Bench that there is not even the Chief-Secretary or the Attorney-General for Ireland or the Prime Minister here for the purpose of dealing with it. The only person who has taken any interest in the measure that I see is the right hon. Gentleman opposite (Sir L. Worthington-Evans), whose special qualifications for the consideration of this great vital problem, this wonderful constitutional change in the government of the country, is that he was experienced in the discussion of the details of the National Health Insurance Act, and that he was the skilful gladiator who fought the Prime Minister upon that Act.
Surely there never was a more grotesque situation than, when we come to discuss these proposals and the Amendments of the House of Lords, that the only Member of the Government present to guide the House and state the policy of the Government is the right hon. Gentleman who, passing from the wearying process of wrangling with the controversies in regard to the National Health Insurance Act, comes forward to be the sole custodian of the Government's opinions upon a matter that may for generations affect the life of the nation and which proposes to change its whole constitution. What I want to know is this: Is the policy of the Government the policy of this Bill, or is the policy of the Government that which was declared in the speech of the Prime Minister last Friday? If their policy is the policy contained in this Bill, then I say the Prime Minister ought never to have made that speech. If the policy is the policy stated on Friday, then this Bill ought to be withdrawn, or at all events it ought to be suspended. I therefore say that I do not think this House, consistently with its own dignity and consistently with its duty, on a matter of tremendous and vital importance to both nations, should proceed with any further stages in the discussion of these or any other Amendments until the Prime Minister is here to tell us what he proposes to do. Does he propose to pass this measure and introduce a new measure? If this measure passes, I believe it will be an impenetrable barrier against any future prospect of peace and goodwill between the two nations, because this is a Bill which is despised by everybody.
The opinion of the right hon. and learned Member for Duncairn (Sir E. Carson) was never clearly or specifically stated until the letter was read which he wrote to the Lord Chancellor the other day in the House of Lords. After all his speeches—and no one can be more clear or lucid than the right hon. and learned Gentleman—he had actually remained so little lucid that he had to write a personal letter to the Lord Chancellor to say that he gave the Bill his approval. I think that is as far as he went, and therefore, if this Bill is not approved of by the constitutional Nationalists in Ireland, by the Sinn Feiners, by the Southern Unionists, by the business men, by the workers, with only a tepid support, given to it at the last moment in the House of Lords by the right hon. and learned Gentleman, surely it is a travesty—and the Prime Minister must have recognised that it was a travesty—to proceed with it here in the House of Commons, or to go on with any further of its stages. Then the Prime Minister, in one of those moments of vision and imagination which he even now has, proposed a fresh alternative policy, the policy of negotiating with the men who, he declares, represent the great majority of the Irish people, and at this very moment they are in the midst of a correspondence upon which these negotiations are to be based. He addressed Father O'Flanagan, who accepted his invitation, and the Prime Minister has replied in a similar spirit to Father O'Flanagan. What is the meaning of it all? We want perfect frankness and a clear statement, and until that frankness is manifest, and until that statement is clearly made, I think it is nothing but an insult to the House of Commons to ask the House to proceed with the further consideration of these Amendments.
The hon. Gentleman who has just sat down has delivered what the House will recognise as a characteristic speech. I do not complain that he left me out of account altogether in regard to a measure of this kind. He is welcome to take that view, if it is his view.
The reason I did not refer to the right hon. Gentleman was that he practically took no part in these discussions.
I took a good deal of part, but I only mention that incidentally. Then the hon. Member complained that the Prime Minister was not here—as a matter of fact he is receiving a deputation—on Thursday, when the Bill is before us, but that he was here on Friday, which is, according to him, an unprecedented thing for any Prime Minister to do.
Do not twist it in that way.
Then he complained about my right hon. and learned Friend the Member for Duncairn, and his complaint about him was that he must have been very feeble in all his speeches because he wrote a letter. If that is a proof of feebleness, many of us have given similar proofs of feebleness. The whole point, however, of the hon. Member's speech is that he does not like this Bill.
Nor anybody else.
He has also told us—and this is characteristic of him, I am sorry to say—that anyone who differs from him is not only morally bad, but is intellectually beneath contempt. That is a view which he has a right to hold, but it is sometimes mistaken. The hon. Member asked us to state our policy. I do not think it could be possible to state it more clearly than the Prime Minister and others of us have stated it already. The Prime Minister came down to make his statement last Friday for two reasons, the chief of which was that the Cabinet had decided to declare martial law in parts of Ireland, and they thought it right that that announcement should be made to the House of Commons at the earliest possible moment. It was thought also— and I should have imagined that everyone would have agreed—that as for the first time overtures had been made from those who profess to represent the elected Members to this House from Ireland, it was proper that he should give some reply, and the House knows what that reply was. The hon. Member suggests that the fact that he had said that he was willing to discuss these matters, within clearly defined limits, which had been laid down over and over again by him in speeches in this House and outside, is a proof that he has some policy different from this Bill. Nothing, it seems to me, could be more absurd. Is not the fact that we are here to-day to discuss Amendments made in another place to the Government Bill, and to accept some of them, in itself a proof that we are ready and willing to discuss anything which might seem to improve the measure we have introduced?
Does the right hon. Gentleman seriously ask the House to believe that in the midst of negotiations for a meeting with those whom the Prime Minister has invited to meet him, he goes on with this Bill and holds that any Amendments can be incorporated?
The policy we are pursuing and have pursued with regard to Ireland is two-fold. It is, in the first place, to deal with what has been a far greater curse in Ireland than anything else, an also lute reign of terror, caused by murders, and that reign of terror is broken. That has been our policy, and will continue to be our policy, until it has been completely successful. That is one side of our policy, but we have made it perfectly plain, on the other side, that we do recognise that some change, if it can be brought about, in the constitutional position of Ireland and this country is desirable. We said that when we appealed to the country at the Election, and we have said it in this House. The hon. Member seems to assume that unless we can get the majority of the Irish people to express approval of our views, we should drop them. He is quite wrong. What he seems to forget is that up till now this has been the United Kingdom. If you start from that basis, there are only two alternatives open in dealing with this question. One is to say that the Irish people are to get whatever they like, that their view alone will prevail in any arrangement in regard to Ireland. That is, of course, what self-determination means, and the Leader of the Labour party and others have never quite realised that. They always talk as if there was some way by which you could give self-determination without making it quite plain that there is no half-way house, that self-determination means what the people want, and there is not another word to say.
That is one policy, but there is another, and it is our policy. The other policy is to consider as fairly as we can what the wishes of Ireland are, and to consider to what extent we can meet those wishes consistently with the vital interests of the United Kingdom as a whole. That is our policy, and for that reason the hon. Member is quite mistaken in thinking that this House has not a perfect right to introduce and carry measures which the House believes will do what I think is the wish of every Member of this House, and that is to get a peace in Ireland if we can, and to give to Ireland the largest possible measure of self-government consistent with fair play to different sections in Ireland, and the safety and security of the United Kingdom as a whole. That is our policy. The hon. Member suggests that because we are willing to talk to people who represent those who are elected from Ireland, we are entirely reversing our policy; but he is mistaken. There has never been a suggestion of reversing our policy. This Bill, in our belief, will go a long way to meet the legitimate demands of the Irish people. That is our view, and we are inclined to be much more sanguine, not only than the hon. Member, but than many hon. Members of this House. We are inclined now to believe that Sinn Fein is not so popular in Ireland as it was. We are inclined now to believe that the great majority of Irishmen, who had no sympathy whatever with the means by which they tried to get their independence, namely, murder, have recognised that the whole thing is a mistake and a failure, that they cannot get independence, and that it is the reasonable thing to seek by constitutional means to get what they want. That is the policy of the Government and of the Prime Minister. It is to turn all this agitation from violence to constitutional methods, and when that is done, not only the Government, but this House and this country, will be ready to discuss with the Irish people on a fair basis any prospect of giving peace and good will.
As regards the position of these Amendments, of course we mean to go on with the Bill. So far as this Government is concerned, it depends on going on with this Bill. Let there be no mistake about that. Our policy has been, as I have said, twofold, and we could not allow any part of it to fall without feeling that we were involved in its fall. We mean to go on with this Bill. I do put this to the hon. Member, that the vast majority of the Members of this House do not assume that our policy is going to be a failure. Remember this— and it is to my mind by far the biggest factor in the whole situation—that the party for which I have the honour to speak is ready to do what, when I first came into this House, we would never have dreamed of doing. It is prepared to give to Ireland the largest measure of self-government we can safely give. To my mind, that is one of the most striking facts in the present situation. Not merely the majority in the House to-day, but, I believe, any majority which came in, has two things that are quite clear and fixed in its mind. We do wish to meet the Irish people if we can, but we are not going, under any circumstances, to allow an arrangement to be made which, in our opinion, would imperil the national safety of the United Kingdom. Surely within these limits there is a great deal of room for good will. I do appeal to the House to let us get this Bill on the Statute Book—not merely on the Statute Book, like the last Home Rule Bill, as something which was to come into force at some indefinite date. In my view, one of the grounds on which there has been most suspicion against this country in Ireland, and perhaps with some reason, is not so much that the Bills proposed have not been suitable, as that, with all this talk for so many years, nothing has been done. We are going to do something if we have power, and, in my belief, in spite of the view of the hon. Member—
And everybody else.
Not everybody else. Of course, if the hon. Gentleman means everybody else of any intelligence, he is wrong.
Nobody believes in the intelligence of this House.
That is rather insulting to the House of Commons, and that applies to the minority only. That is the position, and surely it is not too much to hope that when this Bill is actually there, when the Irish people can see that they have an opportunity of doing good to their own country far greater than they have ever had before, that it is there waiting for them, I do not think we can assume that that policy is going to be a failure.
Will the right hon. Gentleman say which Amendments the Government will accept?
I think it would be better if a statement were made on that by itself. After all the labour we have spent on this Bill—
dissented.
The hon. Gentleman disappears, comes back and gives a sample of his peculiar kind of eloquence, and then assumes that nothing whatever has been done in his absence.
You cannot complain, as nobody took any interest in the Bill.
The hon. Member is quite wrong. A great many people took a great deal of interest in the Bill, and it may be that the hon. Gentleman is angry because he claims to speak for Ireland.
I never claimed to speak for anyone.
That fact is not enough to justify him in assuming that a Bill, which has been passed by an overwhelming majority of this House—[Mr. DEVLIN: "It will pass any Bill."]—is not a Bill for which this House will continue to vote.
I did not intend to take any part in the discusion, and the only reason that I intervene now is that, notwithstanding some parts of my right hon. Friend's speech, there were indications that he did not regard this Bill, the Amendments to which we are about to consider, as the last word of the Government—far from it, as I gathered. He says quite naturally he is prepared to go on with it, but taking into consideration what the Prime Minister said on Friday, together with some gleams of hope in what my right hon. Friend said to-day, I regard the policy of His Majesty's Government, as stated on both these occasions, to be that, notwithstanding the fact that this Bill, very largely in its present form, with some Amendments in the House of Lords, reaches the Statute Book, they keep their mind open to a much larger scheme of self-government for Ireland. For that reason, so far as I am concerned, I shall feel myself justified in voting that this House do not consider the Lords Amendments.
The right hon. Gentleman the Leader of the House is a master of words, and he is also the slave of words, if he will allow me to say so. He has made no attempt to meet the real point of my hon. Friend's objection. The real point is this: We are asked to consider a Bill, the fundamental transformation of which is within the contemplation of the Government itself. That is the main point. I agree with my right hon. Friend who has just spoken that that speech of the Leader of the House, as well as the speeches and letters of the Prime Minister, opened out hope that this is not the last word of the Government. I assume that the only interpretation to be put upon his indications or adumbrations, whatever I should call them, is that this Bill is going to be considerably enlarged by the Government when they think conditions are favourable to that consideration of the Bill and enlargement. Is that not the position of the Government? I put it to this House, as a matter of business, is it not an absurd waste of time that we should continue to discuss, and should even go the length of putting on the Statute Book, a Bill, the transformation of whose fundamental principles is in the contemplation of the Government at an early date, when certain conditions arise, and that we should put upon the Statute Book what practically amounts to a piece of waste paper? I do not think the right hon. Gentleman, though he said it with his usual caressing softness of Voice, is quite fair in throwing a gibe at my hon. Friend—and I assume I was in- cluded in the gibe—that we do not help the Government in the matter of restoring tranquillity in Ireland. My reply is that, if it had not been for him and his, there would have been no need for restoring tranquillity in Ireland. That may be historical, and I am anxious not to introduce anything contentious at this moment; but I have only alluded to that gibe from the right hon. Gentleman because I think it is ungenerous and unfair.
He wants us to join the "Black and Tans."
I do not want to go beyond the necessary discussion, but I put this to the right hon Gentleman, as he alluded to the policy of the Government, and wished, and expected, it to be a success. How is this method of dealing with this Bill, and other matters connected with Ireland, going to make his policy successful? Here we have a Government presenting a Bill which the right hon. Gentleman denies is unacceptable to Ireland. The Bill is described as acceptable to Ireland, because a majority of English and Scottish Members in this House, ignorant of Ireland, support it, in spite of the fact that up to the present not one single Irish representative of any party whatsoever has voted in favour of this Bill, and all the Irish Members who did vote, voted against the Bill. I think it is almost unprecedented in the history of Parliament, where ministerial solidarity is one of the foundation stones of our parliamentary institutions, that Members of the Government, because they happened to be Irish Members, were amnestied, so to speak, and were not compelled to go into the Lobby and vote in favour of the Bill on Second Reading.
I say that the manner the Government is going about to make their policy a success is a mistake, as most of their policy in Ireland has been. We have had too much tactics, too much strategy, too much playing for position in this matter. Let the Government be frank. Let them tell the people of Ireland what they are willing to give, and then let them rely on the good sense of the people of Ireland to assert themselves, and for men of moderate opinion to have an opportunity of rallyng to the support of the measure the Government propose, and thereby help to bring the present state of things to an end. I think it is playing with Ireland, and playing with the House of Commons, to consider this Bill with the policy of the Government undefined and unannounced. The right hon. Gentleman suggests that we propose the destruction of the Bill and its disappearance. I would not object to its destruction, and I would be delighted at its disappearance, but that is not the proposal we are making now. The proposal we are making now is that we should not be called upon to consider a sham Bill, which is soon to be transformed, by the declaration of the Government itself, and we should give time first for the Government to declare its final policy, and let the Irish people have an opportunity of considering that policy and expressing their opinion upon it. If that were done, I do not exclude at all the possibility of the Government being able to make a proposal, even within their own lines, which might be acceptable to the people of Ireland, without which all measures of this House are futile and a waste of time and energy.
I do not really think that anybody who has been a Member of this House, and who respects this House, can for a moment believe that hon. Members opposite are serious in the course they are taking to-day.
I assure you we are.
What does it mean? A first-class measure of the Government, which has taken up a great deal of this Session, has been sent to another place and been very amply considered there. When the Amendments come back here now, hon. Members opposite, who took no interest in the Bill while it was going on, suddenly come down and calmly tell the Government they ought to drop it or suspend it. It would be far better to drop it than to suspend it, because it is utterly impossible to keep us in Ireland in a state of uncertainty as to whether we are to set up Parliaments there or not, and I speak specially with reference, of course, to the Northern Province of Ireland. What are the reasons given by my hon. Friends opposite as to why this extraordinary course is to be taken, which I do not believe any Government could take without abandoning their office, and being thoroughly unworthy in having declared their policy all through these months, and then saying it is not their policy at all, because of the action of the other side? The reasons, I understand, given by my hon. Friends opposite are two-fold. First, they say it is no use passing this Bill because it is not a Bill that Ireland wants. We all know the Bill that Ireland wants is that which would establish a republic. Therefore you come logically to this conclusion, you must give them a republic or nothing. That is an impossible position to take up under existing circumstances and having gone so far with this Bill. That is the first argument before us. What is the second?
The second one is that on Friday last, as I understand it—I was not here, but I have been told, and I read in the papers, and it is said by hon. Members opposite —that the Prime Minister proclaimed a new policy. I read the Prime Minister's speech. I saw no new policy at all in the speech. I have seen many speeches of the Prime Minister during the time this Bill has been before the House. In these he said he would be prepared to enter into conferences with anybody who could speak on behalf of any considerable number of people, and so obtain their suggestions. The only way this offer was met by various parties was that nobody came forward in the country, and that the majority of those opposed to the Bill never turned up when the Bill was in Committee to make any suggestion. These are the reasons given why we should not proceed with the Lords Amendments. It is not business. It is really wasting the time of this House to ask the Government under these circumstances not to proceed with their Bill. Hon. Members opposite have, I know, a great contempt for the Government. I can tell the Government, if they acceded to any such motion as this before us, that those Members would still have a greater contempt of them, and so would every Member on this side who heard the Government put forward their policy, and the Bill as part of their general policy towards Ireland. At this moment it is asked that the Amendments to the Bill, which has passed the House of Lords, and come down here, should either not be considered or the Bill wholly abandoned. That is not practical business, and I hope the House will proceed with its deliberations on the matter.
I do not want to prolong this discussion. We are anxious to get to public business. But I think it is worth while pointing out that we are standing in a rather surprising position. As I understood the speech of my right hon. Friend, what we have to do is to put this Bill, with the Amendments accepted by the House of Lords, accepted by the Government, on the Statute Book. Meanwhile, the Prime Minister and the Government are to conduct what I believe are called "conversations" with some unknown persons who have this relation to the fomentors of disorder in Ireland, that they themselves are not murderers, but that they have some undefined control over the murderers. These "conversations" are to go forward, and if it appears as a result of them that some offer can be made with respect to the Government of Ireland, next Session an amending Bill, which will have the effect of giving satisfaction to these ambiguous persons with whom the Government have had the conversations, and which will not imperil the safety of the United Kingdom, will be brought in, and, if Parliament is willing, will be passed into law; meanwhile, the policy of the Government continues to be expressed in the present Bill. My right hon. Friend the Leader of the House said he did not want to have an indefinite settlement like the settlement of 1914. Well, I am afraid that under these circumstances you cannot very well avoid that; but if he does not want an indefinite settlement like that of 1914, it surely is surprising that he should propound a settlement which is indefinite.
I did no such thing.
You said you did not want an indefinite settlement.
What I said was we could enter into conversations immediately the amended Bill was on the Statute Book. We are perfectly willing to discuss at any time constitutional methods with anybody who represents Ireland.
Discuss what?
But it either comes to something or to nothing. If it comes to something it comes to a Bill. It can come to nothing else, if the conversations are not to be wholly fruitless. How can you possibly alter this Bill, or effect a settlement of the Government of Ireland except by another Bill? What the right hon. Gentleman contemplates from his "conversations" with somebody we do not know. As a result of those conversations, is he going to have a Bill, if a Bill can be made satisfactory to the two parties of the conversations? He propounds the Government position as being this: The Government will agree to anything consistent with the security of the United Kingdom which either of the parties to the conversations want. That is the situation. I say it is an indefinite position. I do not think that any critic of the Bill particularly denies that we are making an indefinite settlement.
What was the settlement of 1914? It was this: that the Bill then, in spite of the very vigorous protest of the right hon. Gentleman and others, was put upon the Statute Book under the Parliament Act, but it was understood, according to various utterances of the right hon. Gentleman the Member for Paisley, that it was to be subject to an amending Bill, which was somehow or other to meet the grievances felt by Ulster. That was the Bill of 1914. It was put on the Statute Book subject to an amending Bill. This Bill is to be put on the Statute Book subject to the possibility of an amending Bill.
:That is the difference.
I agree, but my right hon. Friend cannot have it both ways. He cannot be the angel of peace with the olive branch and at the same time the pessimist who thinks you must take things as they are. If it really be as I think it is, neither the Government nor the persons with whom they can converse can make a solution acceptable to the majority of the elected representatives of Ireland without threatening the safety of the United Kingdom. I am quite willing to believe that that is quite impossible. If so, what becomes of the solemn statement of the Prime Minister —of the new policy so resonantly introduced by the Prime Minister? Perhaps the Government would tell us exactly what Amendments they are going to accept on the Bill. They say they attach great importance to its passing, and that they are going on with it. I hope the Government will see its way, if that be so, to be conciliatory in reference to the House of Lords, because I do not think they will find that they are very enthusiastic over the Bill, or that enthusiasm for the Bill, or the Government, is shared by Members of the other House. I do not think the Bill is at all popular there. I think it passed with very great difficulty, because there were many who were not disposed to oppose it at its earlier stages who feel considerable misgivings as to what they have done latterly. Therefore I should be glad to hear from the Government that they propose to take a conciliatory attitude. We ought to know before we proceed further what the Government intend. We should, above all, not make ourselves plain and not encourage false hopes. The Government should not flatter opinion either in Great Britain or in Ireland with hopes of a settlement which, after all, is unlikely. We ought to act with perfect candour and frankness, and say—if it be possible to say—what are the outside limits, not in the very general phrase "safety of the United Kingdom," but something more definite, what are the outside limits of the concessions the Government are prepared to make with those with whom they are negotiating. Personally, I shall not vote either for or against the Lords Amendments. I am too much opposed to the Bill to support it, but I quite agree that at this stage we have got so far that it would be unwise to refuse to consider the Lords Amendments.
The right hon. and learned Gentleman opposite (Sir E. Carson) opened his remarks by saying that he could not conceive that we Irish Members were serious in bringing this position before the House this afternoon. At any rate, by the presence now of the Prime Minister on the Ministerial Bench, the Government think it serious enough for him to come especially in and pay attention to the Debate. May I say that we are as serious in the course we are now taking as we were serious in the course we took from the very start of the Bill. When it was introduced we stated that in our opinion it was a gross breach of the public pledges given to the people of Ireland. We said it was breaking a public treaty, tearing up and scrapping a piece of paper, the same as Germany did over the Belgium Treaty. We made our case clear on that point at the Second reading. We said that we would not handle the Act or take part in the discussion of what we considered to be, and still consider to be, an iniquitous breach of faith on the part of the Government. We took no part in the discussion, and come here to-day as we do, in no way interfering with the proposed measure as it stands, but simply to ask the Government whether they are fooling the Irish people again by the statement the Prime Minister made here on Friday, and the action the Government are taking to-day. How can the two things stand together? That is the question we want to ask.
5.0 P.M.
The Prime Miniser came down here and in one breath dealt out martial law to Ireland, while at the same time holding out the prospects of entering into negotiations with certain sections of the Irish people and bringing about a peace. Yet his Government come here to-day, within a few short hours of that statement, and proceed to discuss Amendments to a Bill passed in another place which, they say, in spite of the declaration of the Prime Minister, they wish to pass, and that they insist upon passing into law. What I want to know is, and it has been very ably demanded by the Noble Lord who has just sat down, where do the Government stand in this regard? The Leader of the House tried to distinguish between placing upon the Statute Book this present Bill, and the Act you are now about to destroy. If there is a difference between the two, if this Act is to be a reality, as the Leader of the House has stated it is to be, if it is to become a concrete fact in Ireland, and not to be in the clouds for ever, then how can any negotiation which the Prime Minister may undertake with any section of the people in Ireland alter the face of this Act? If this Act is not to be a reality, if it is to be held up in the same way as the Act now about to be destroyed, why proceed with with it? Why take up the time of the House in discussing a measure, which you yourselves, that is the Government, declare to be a sham? I cannot see how they can have it both ways. Is this Act to be put on the Statute Book simply to please the right hon. Gentleman the Member for Duncairn (Sir E. Carson) en passant, or is it to be brought into existence in Ireland as a concrete reality? In either case I fail to see how discussing the Amendments to-day is consistent with the Prime Minister's statement on Friday last. Either the statement of the right hon. Gentleman last Friday was a sham or proceeding with the Bill is a sham. I certainly think that we are entitled to an answer from the Prime Minister in that respect. The right hon. Gentleman the Member for Duncairn has adopted a very fraternal attitude, and almost with a certain amount of acquiescence he has tolerated this Bill in public. Personally I differ from a great many hon. Members of this House in my opinion of the real inward feelings of the right hon. Gentleman the Member for Duncairn. In my view I think that the right hon. Gentleman is the father of this Bill, and it is by his attitude to-day coming down with his forces that has made the Prime Minister go on with the Bill in spite of what the Prime Minister said himself on Friday last. The right hon. Gentleman the Member for Duncairn wrote a letter to the Lord Chancellor the other day which was read in another place, and in that letter he himself confessed that the reason he supported this Bill was because the present Home Rule Act was on the Statute Book.
One of the reasons.
I think it is the principal reason, and therefore it is because the Home Rule Act is on the Statute Book that the right hon. Gentleman wants to secure now and at once the best loop-hole of escape he can from the position in which the Home Rule Act places him. I contend that this Bill has the right hon. Gentleman's full support, that it is his Bill, and he comes down to this House in his suave and courteous manner and informs the House that he does not know what the Prime Minister is going to do, and that he has nothing to do with the Government. The people of this country, both in Ireland and in Great Britain, know as well as I do that the Government's master sits upon those Benches opposite, and this is not the Government's doings, but the doings of the right hon. Gentleman the Member for Duncairn, who seeks to put the Government into the impossible and inconsistent position in which they find themselves this afternoon. I therefore appeal to the Prime Minister to shake himself off from this iron grip of Ulster that is clutching him, and which has almost throttled him for the last few years, and come out once more into the light as the declared democrat that he once was, and show the people of this country, as well as of Ireland, that he means what he says, and show that he does not come down to the House on Friday and say that he is going to enter into negotiations with certain sections of the Irish people concerning the future government of their country and on the following Thursday comes down here in support of a measure to be placed on the Statute Book which, from that very fact alone, will render those negotiations nugatory.
I press the Prime Minister for a reply as to what are the intentions of the Government; whether they want peace in Ireland, and how they think that by proceeding with these Amendments at this stage and putting this Bill upon the Statute Book, they can possibly bring these negotiations to a successful issue. If the Prime Minister was serious and meant what he said the other day, why does he not call a halt with this measure? Why does he not respond to the appeals which have been made to him by the dignitaries of the various churches and eminent people all over Ireland and England? Why does he not have a truce of God at this seasonable time? Why does he not put a check upon the action of the Government, which is going contrary to the wishes, not only of the Irish people, but also, I believe, of the great bulk of the people of this country. If he will call a truce, if he would say, "Well, this Bill has gone so far; I have admitted that I am going to enter into negotiations, and they may be fruitful or otherwise; but in the meantime, before these negotiations are ended, we will not proceed any further with this measure, and if they succeed we shall be able, either by dropping or amending this Bill, to put them into effect; and if they fail I will proceed with my Bill." That would be a fair and honourable course for the right hon. Gentleman to adopt. I am afraid, however, from our previous experience of the right hon. Gentleman, as I said before, that he is subject to the influence of the hidden hand.
Not the cloven foot?
The hon. Member knows more about the cloven foot than I do. If the Prime Minister would only adopt the course I have suggested, he would be harming nobody except the right hon. Gentleman's friends, who do not count for anything, now in this country. It would ot be a question of a Government defeat. The Government have already said that they are willing to negotiate, and that is a climb down itself, and it would be no more than that if they were to drop these proceedings now. They might even fix a date on which to take the question up again if they were to drop these proceedings now, calling a halt and entering into negotiations. I do not say that they are going the right way about the negotiations, but I leave that to themselves. Let them give some earnest to the Irish people that they mean friendliness and want peace in Ireland, and do not go on saying you want happiness and contentment throughout Ireland and a few days after that declaration proceed to do the bidding of the right hon. Gentleman the Member for Duncairn.
I do not propose to follow the hon. and gallant Gentleman in his arguments, because the questions he has raised have already been very fully dealt with by the Leader of the House, and I rise in response to the request of my Noble Friend (Lord H. Cecil) to inform the House which Amendments the Government hope to accept, and, in fact, which we are going to ask the House to accept. I propose merely to indicate the Amendments now, and not to deal with the arguments in favour of them. The first Amendment is in Clause 1 (Establishment of Parliaments of Southern and Northern Ireland), Sub-section (1), after the word "Majesty" to insert the words "the Senate of Southern Ireland." The Government is going to accept, indeed it has accepted already in principle, the setting up of Senates in both Houses. In the Second Schedule the constitution of the Southern Assembly is set out in detail.
On a point of Order. May I ask if we should not first come to a decision on the Question before the House?
I shall have to put the Question, "That the Lords Amendments be now considered.'
There is another point of Order. [HON. MEMBERS: "Divide, divide!"] I am one of the few Members of the Opposition who has taken part in this Bill, and I think I have a right to put a point of Order. I had an observation which I was going to make, which may be of value, and before the Question is put I should like to address the House.
Mr. Speaker, you have entirely misunderstood me.
Then let us go on with the Debate.
I was saying that in the Second Schedule will be found the constitution which is proposed in another place for the Senate of Southern Ireland. The Government proposes to ask the House to accept that Amendment in the Schedule as it stands. As regards the Third Schedule, which relates to the constitution of the Second Senate, the Government proposes to ask the House to amend the proposed Amendment. We propose to accept the proposal for the Senate of Southern Ireland as it is on the Paper. As regards Northern Ireland, we propose an Amendment to the Amendment that has come down from the other place, and that Amendment is, that the elected Senate, instead of being elected in such a manner as the first House in the Northern Parliament may determine, that they should be elected by proportional representation. I ought to say that that is part of a plan for dealing also with the Council, and I shall have to ask the House to consider the two things together, because I am proposing to insert the principle of proportional representation in the constitution of the Senate, but take it out of the constitution of the Council, because I believe the protection of minorities will be best secured in that way. However, I will argue the question when it comes up in due course. With regard to the Council, the next Amendments very largely alter its constitution, and I am going to ask this House to insist on the form of Council as provided in the Bill when it left this House, and to reject this Amendment. Farther on there is an Amendment with regard to taking private property for public use without just compensation. I am going to ask the House not to accept that Amendment. Lower down the question of the administration of the Diseases of Animals Acts is brought up, and it is proposed that that shall be one of the powers of the Council. For reasons I will state later I am going to ask the House not to accept that Amendment. There are provisions relating to the financial powers of the Senate which I shall ask the House to accept. Then comes a serious Amendment defining the procedure in case of disagreement between the House of Commons and the Senate in either part of Ireland. I shall ask the House to accept that Amendment. I am not dealing with consequential Amendments or with some of the minor ones, so I will come next to a serious Amendment which would have the effect of striking out the surtax while leaving power to grant relief from Income Tax and Super-tax to the two Parliaments. I shall ask the House to accept that Amendment. Next comes an Amendment of a legal character providing that the decisions of the Privy Council and of the House of Lords in certain circumstances shall be final. That is a Government Amendment, but it is intended to move it out as I do not think it necessary. Next come two Amendments of very considerable importance with which I have no doubt I shall have to deal at some length later on. I am going to ask the House to disagree with them, and that will have the effect of restoring the Suspensory Clauses in the Bill as it left this House, and also of restoring the Clauses relating to the appointed day.
I am one of the very few Members of the regular Opposition who took some part in the discussions on this Bill and have therefore responsibility for it. I want to put this point to the Prime Minister. We know that he is hoping to be able to get by negotiation some sort of settlement of the Irish problem. He is quite right. We have had enough of the "knock-out
blow" policy with its evil results. If this Bill goes on to the Statute Book, will it not make it much more difficult to negotiate? [An HON. MEMBER: "Easier."] It is time we gave up the policy of saying, "take it or leave it." My point of substance is that the right hon. Gentleman's hands will be tied and his power of negotiation must be weakened if this Bill is placed on the Statute Book. Further, if a Northern Parliament is set up and functions, that Parliament will have much greater power of wrecking any negotiations with the majority of the Irish representatives. If hon. Gentlemen opposite have the right to set up a Parliament, they will be placed in an immensely strong position to veto any negotiations that may have been most painfully gone through. There are extremists everywhere, and I want to knock out the extremists on both sides. I fear that by insisting on passing this Bill now you will only strengthen the hands of the extremists of the North. They are quite honest men. I have no wish to be offensive, but it would, I suggest, be a terribly serious thing to give Ulster this constitutional position. Therefore I appeal with all earnestness to the Prime Minister not to let any question of the dignity of the Government or of its reputation in regard to this Bill stand in the way of postponing it till January or February, so that in the meantime all the possibilities of a settlement may be explored. I believe one point already settled is in relation to fiscal autonomy, but if the Bill goes through it will be extremely difficult to graft fiscal economy on to it. If the people of the country think we have lost any chance of settling this terrible Irish problem by negotiation they will not forgive the Government.
Question put, "That the Lords Amendments be now considered."
The House divided: Ayes, 195; Noes, 38.
Division No. 411.] AYES. [5.24 p.m. Adair, Rear-Admiral Thomas B. S. Blake, Sir Francis Douglas Chamberlain, N. (Birm., Ladywood) Agg-Gardner, Sir James Tynte Borwick, Major G. O. Child, Brigadier-General Sir Hill Archdale, Edward Mervyn Bowyer, Captain G. E. W. Coates, Major Sir Edward F. Astor, Viscountess Brittaln, Sir Harry Coats, Sir Stuart Bagley, Captain E. Ashton Brown, Captain D. C. Cohen, Major J. Brunel Baird, Sir John Lawrence Bruton, Sir James Colvin, Brig.-General Richard Beale Baldwin, Rt. Hon. Stanley Buckley, Lieut.-Colonel A. Conway, Sir W. Martin Balfour, George (Hampstead) Bull, Rt. Hon. Sir William James Coote, William (Tyrone, South) Banner, Sir John S. Harmood- Burn, Col. C. R. (Devon, Torquay) Cope, Major Wm. Barnston, Major Harry Burn, T. H. (Belfast, St. Anne's) Cory, Sir J. H. (Cardiff. South) Barton, Sir William (Oldham) Butcher, Sir John George Courthope, Major George L. Beckett, Hon. Gervase Campion, Lieut.-Colonel W. R. Cowan, D. M. (Scottish Universities) Bellairs, Commander Carlyon W. Carr, W. Theodore Craig, Capt. C. C. (Antrim, South) Benn, Sir A. S. (Plymouth, Drake) Carson, Rt. Hon. Sir Edward H. Craig, Colonel Sir J. (Down, Mid) Betterton, Henry B. Casey, T. W. Davidson, J. C. C. (Hemel Hempstead) Blades, Capt. Sir George Rowland Chamberlain, Rt. Hn. J. A. (Birm.,W). Davies, Thomas (Cirencester) Davison, Sir W. H. (Kensington, S.) Lindsay, William Arthur Remnant, Sir James Denniss, Edmund R. B. (Oldham) Lloyd, George Butler Renwick, George Dixon, Captain Herbert Locker-Lampson, G. (Wood Green) Robinson, Sir T. (Lancs., Stretford) Donald, Thompson Lonsdale, James Rolston Rodger, A. K. Doyle, N. Grattan Lorden, John William Roundell, Colonel R. F. Du Pre, Colonel William Baring Loseby, Captain C. E. Royds, Lieut.-Colonel Edmund Edge, Captain William Lyle-Samuel, Alexander Rutherford, Colonel Sir J. (Darwen) Edwards, Major J. (Aberavon) Lynn, R. J. Sanders, Colonel Sir Robert A. Edwards, Hugh (Glam., Neath) Macdonald, Rt. Hon. John Murray Sassoon, Sir Philip Albert Gustave D. Elliot, Capt. Walter E. (Lanark) M'Lean, Lieut.-Col. Charles W. W. Scott, A. M. (Glasgow, Brldgeton) Eyres-Monsell, Commander B. M. McMicking, Major Gilbert Seddon, J. A. Falle, Major Sir Bertram G. M'Neill, Ronald (Kent, Canterbury) Shaw, Hon. Alex. (Kilmarnock) Fremantle, Lieut.-Colonel Francis E. Macpherson, Rt. Hon. James I. Shortt, Rt. Hon. E. (N'castle-on-T.) Gange, E. Stanley Marriott, John Arthur Ransome Smith, Harold (Warrington) Ganzoni, Captain Francis John C. Martin, Captain A. E. Sprot, Colonel Sir Alexander Gardiner, James Mason, Robert Stanler, Captain Sir Beville George, Rt. Hon. David Lloyd Mitchell, William Lane Stanton, Charles B. Gibbs, Colonel George Abraham Moles, Thomas Stephenson, Lieut.-Colonel H. K Gilbert, James Daniel Molson, Major John Elsdale Stewart, Gershom Gilmour, Lieut.-Colonel John Mond, Rt. Hon. Sir Alfred M. Sturrock, J. Leng Goff, Sir R. Park Morrison, Hugh Surtees, Brigadier-General H. C. Green, Joseph F. (Leicester, W.) Munro, Rt. Hon. Robert Sutherland, Sir William Greenwood, Colonel Sir Hamar Murchison, C. K. Taylor, J. Greenwood, William (Stockport) Murray, Major William (Dumfries) Thomas, Sir Robert J. (Wrexham) Greig, Colonel James William Neal, Arthur Thomas-Stanford, Charles Guinness, Lieut.-Col. Hon. W. E. Newman, Colonel J. R. P. (Flnchley) Townley, Maximilian G. Hacking, Captain Douglas H. Newman, Sir R. H. S. D. L. (Exeter) Townshend, Sir Charles Vere Ferrers Hambro, Captain Angus Valdemar Nicholson, Reginald (Doncaster) Walters, Rt. Hon. Sir John Tudor Hamilton, Major C. G. C. Nicholson, William G. (Petersfield) Ward-Jackson, Major C. L. Harmsworth, C. B. (Bedford, Luton) O'Neill, Major Hon. Robert W. H. Ward, Col. L. (Klngston-upon-Hull) Henry, Denis S. (Londonderry, S.) Ormsby-Gore, Captain Hon. W. Warren, Lieut.-Col. Sir Alfred H. Herbert, Dennis (Hertford, Watford) Parker, James Weston, Colonel John W. Hewart, Rt. Hon. Sir Gordon Parry, Lieut.-Colonel Thomas Henry Whitla, Sir William Hickman, Brig.-Gen. Thomas E. Pearce, Sir William Williams, Lt.-Com. C. (Tavistock) Hilder, Lieut.-Colonel Frank Pease, Rt. Hon. Herbert Pike Williams, Col. Sir R. (Dorset, W.) Hoare, Lieut.-Colonel Sir S. J. G. Peel, Col. Hon S. (Uxbridge, Mddx.) Williamson, Rt. Hon. Sir Archibald Hohler, Gerald Fitzroy Pennefather, De Fonblanque Wills, Lieut.-Colonel Sir Gilbert Holmes, J. Stanley Perring, William George Wilson, Daniel M. (Down, West) Hope, James F. (Sheffield, Central) Pilditch, Sir Philip Wilson-Fox, Henry Hopkins, John W. W. Pollock, Sir Ernest M. Winterton, Major Earl Hunter, General Sir A. (Lancaster) Pownall, Lieut.-Colonel Assheton Wood, Sir H. K. (Woolwich, West) Hurst, Lieut.-Colonel Gerald B. Pratt, John William Wood, Sir J. (Stalybridge & Hyde) Inskip, Thomas Walker H. Pulley, Charles Thornton Wood, Major S. Hill- (High Peak) Jesson, C. Purchase, H. G. Worthington-Evans, Rt. Hon. Sir L. Jodrell, Neville Paul Rae, H. Norman Yeo, Sir Alfred William Johnstone, Joseph Raw, Lieutenant-Colonel N. Young, Lieut.-Com. E. H. (Norwich) Jones, J. T. (Carmarthen, Llanelly) Rawlinson, John Frederick Peel Young, W. (Perth & Kinross, Perth) Kellaway, Rt. Hon. Fredk. George Rees, Sir J. D. (Nottingham, East) King, Captain Henry Douglas Rees, Capt. J. Tudor- (Barnstaple) TELLERS FOR THE AYES.— Law, Rt. Hon. A. B. (Glasgow, C.) Reid, D. D. Lord E. Talbot and Captain Guest.
NOES. Adamson, Rt. Hon. William Henderson, Rt. Hon. A. (Widnes) Swan, J. E. Barnes, Major H. (Newcastle, E.) Hodge, Rt. Hon. John Thorne, G. R. (Wolverhampton, E.) Briant, Frank Hogge, James Myles Waterson, A. E. Brown, James (Ayr and Bute) Kenyon, Barnet White, Charles F. (Derby, Western) Cairns, John Lawson, John J. Williams, Aneurin (Durham, Consett) Cape, Thomas Lunn, William Williams, Col. P. (Middlesbrough, E.) Davies, A. (Lancaster, Clitheroe) Morgan, Major D. Watts Wilson, W. Tyson (Westhoughton) Davies, Evan (Ebbw Vale) O'Connor, Thomas P. Wintringham, T. Edwards, G. (Norfolk, South) Raffan, Peter Wilson Wood, Major M. M. (Aberdeen, C.) Glanville, Harold James Redmond, Captain William Archer Graham, R. (Nelson and Colne) Richardson, R. (Houghton-le-Spring) TELLERS FOR THE NOES.— Graham, W. (Edinburgh, Central) Rose, Frank H. Mr. Devlin and Lieut.-Commander Kenworthy. Hancock, John George Shaw, Thomas (Preston) Hayday, Arthur Short, Alfred (Wednesbury)
Lords Amendments considered accordingly.
CLAUSE 1.—(Establishment of Parliaments of Southern and Northern Ireland.)
(1) On and after the appointed day there shall be established for Southern Ireland a Parliament to be called the Parliament of Southern Ireland consisting of His Majesty and the House of Commons of Southern Ireland, and there shall be established for Northern Ireland a Parliament to be called the Parliament of Northern Ireland con- sisting of His Majesty and the House of Commons of Northern Ireland.
Lords Amendment:
In Sub-section (1), after the word "Mejesty" ["consisting of His majesty and the House of Commons of Southern Ireland"], insert the words "the Senate of Southern Ireland."
Motion made, and Question proposed,
"That this House doth agree with the Lords in the said Amendment."—[ Sir L. Worothington-Evans. ]
I do not rise to make a speech, or to take up the time of the House, but only to say, as the Member who recently made this proposal in this House, that I am very glad that the Government has at last accepted it.
Question put, and agreed to.
Lords Amendment:
In Sub-section (1), after the word "Majesty" ["consisting of His Majesty and the House of Commons of Northern Ireland "], insert the words "the Senate of Northern Ireland."
Motion made, and Question proposed, "That this House doth agree with the Lords in the said Amendment.— [Sir L. Worthington-Evans.]
When the Bill was before this House and these proposals were made, I stated that the view in the North of Ireland was that they did not require a Senate. At the same time, I also stated that, if the South of Ireland wanted a Senate, we, of course, would not vote against it. Now that the proposal for a Senate for the South of Ireland has been agreed to, may I congratulate my hon. and gallant Friend (Sir S. Hoare), who originally moved it, on having attained his object in that respect. My own view with regard to the question of a Senate for the North remains absolutely unchanged, but, at the same time, if the Senate for the South of Ireland is to be in any wise imperilled by our opposing the action of the House of Lords—who seem to think that it is necessary to have a Senate in one place if there is one in another—I certainly would not be prepared to go to the length of dividing against this Motion. So far as we are concerned, however, we take no responsibility for it. We did not ask for it, and we do not want it.
I confess that, of all the dishonest transactions that I have ever heard of in my life, this Senate arrangement is the most dishonest. Here is an attempt to deal with the most important of all problems connected with the future Government of Ireland—the question of the protection of minorities. We are asked to fall down in the most humble obeisance before the House of Lords, and thank them with all our hearts for this concession that they have won for minorities. I could have well understood the giving to the House of Lords of the applause which it sought, and which it got from many of its supporters, if it had proposed Senates for North and South alike; but, if the House will look at the proposals contained in the Lords Amendments, they will see that one form of senatorial defence is proposed for the three provinces in Ireland, and another form of senatorial defence for the minority in the six counties. May I ask the representatives of the House of Lords in this House how they can justify action of this kind? I should not be in order in discussing now the composition of the Senate, but I shall discuss it later on. They actually propose, however, to constitute a most conservative Senate for the South of Ireland, made up of bishops, and peers, and privy councillors, and distinguished and illustrious persons of that character, who would be the safe custodians and guardians of all the wealth and interest of those Southern provinces. When I was at the Convention in Dublin, I sacrified my own democratic opinions in favour of an Upper Chamber or Senate, by giving all those interests representations in the Senate, in order to secure a united Ireland, a Parliament for all Ireland. I would be prepared to do that still. But what sort of measure of liberty is this, in which, in three provinces of Ireland, where this Bill is so unpopular, they proceed to set up a Senate, not elected, but nominated by peers, bishops, privy councillors, and other people of that type, so that they have this splendidly conservative Chamber to watch the Lower Chamber, and veto its legislation? And what, then, do they proceed to do in Ulster?
I sympathise with the Southern Unionists. I fought their battles in the Convention and declared that I believed in safeguarding the interests of minorities, whether Protestant or Catholic. I hold that conviction still, and, if this were a Senate for the purpose of protecting the interests of the minority, I would gladly support it. As far as I can see, however, it is purely a Senate to defend class interests. The Protestants are a very small section of the population— something like 300,000 out of 3,500,000—and they get a Senate selected and arranged by themselves. In the six counties, we are 400,000 to 800,000 in the population of N.E. Ulster, and what sort of a Senate do we get? We get an elected Senate on proportional representation—in other words, we have precisely the same electoral arrangement and would have precisely the corresponding weight in the one House and in the other. That, in my judgment, is one of the most disgraceful things I have ever known in all my life. I have come to this House to deal with one subject, and one subject alone. For this Bill I have the most complete contempt. I have used every unmeasured expression of opinion of which I was capable to say what I think of it, and I did that largely because—as this House will come to realise—so far from its being a measure of peace, it is a weapon for war. If the Bill is going to pass, if it is inevitable, surely there never was anything more indefensible than to set up Senates, and to tell the people of this country—who do not read about it, but only watch the catch-phrases that are used—that these Senates are for the purpose of protecting minorities, when 400,000 Catholics out of a population of a little over 1,000,000 are to have no representation at all that can in any way possibly affect or secure their interests. When this goes forth, it will not make the Southern Unionists any more popular that they lend themselves to a proposition of this character. If they went to the House of Lords and got a Senate of the character of that which they have got to protect their interests—largely a nominated Senate of Protestants, to defend the interests of 300,000 Protestants in a population of 3,500,000—surely it would have given at least some phase of fairness to set up a Senate that would be equally effective in defending the interests of 400,000 Catholics in a Parliament dealing with a population of a little over 1,000,000. I do not propose to take any further part in this discussion, but I am not going to allow this transaction to pass without entering my most violent protest against what, in my judgment, has been one of the worst things I have ever known. When once it gets abroad in Ireland, it will make this measure infinitely more unpopular than it is, and will be a fresh weapon in the hands of everyone who wants to perpetuate war and ill-will between the two countries.
Question, "That this House doth agree with the Lords in the said Amendment," put, and agreed to.
CLAUSE 2.—(Constitution of Council of Ireland.)
(1) With a view to the eventual establishment of a Parliament for the whole of Ireland, and to bringing about harmonious action between the Parliaments and Governments of Southern Ireland and Northern Ireland, and to the promotion of mutual intercourse and uniformity in relation to matters affecting the whole of Ireland, and to providing for the administration of services which the two Parliaments mutually agree should be administered uniformly throughout the whole of Ireland, or which by virtue of this Act are to be so administered, there shall be constituted as soon as may be after the appointed day a Council to be called the Council of Ireland.
(2) Subject as hereinafter provided, the Council of Ireland shall consist of a person appointed by His Majesty, who shall be President, twenty persons, of whom not less than ten shall be Members of the House of Commons of Southern Ireland chosen by that House in such manner as that House may determine, and twenty persons, of whom not less than ten shall be Members of the House of Commons of Northern Ireland chosen by that House in such manner as that House may determine, and the appointment of Members of the Council of Ireland shall be the first business of the House of Commons of Southern Ireland and of Northern Ireland.
A Member of the Council appointed by the House of Commons of Southern Ireland or Northern Ireland, if on his appointment he was a Member of either House of Commons, shall, on ceasing to be a Member of that House, cease to be a Member of the Council:
Provided that on dissolution of the Parliament of Southern Ireland or Northern Ireland the persons who are Members of the Council appointed by the House of Commons of that Parliament shall continue to hold office as Members of the Council until the date of the first meeting of the new Parliment, and shall then retire unless reappointed.
The President of the Council shall preside at each meeting of the Council at which he is present and shall be entitled to vote in case of an equality of votes, but not otherwise.
The first meeting of the Council shall be held at such time and place as may be appointed by the Lord Lieutenant.
The Council may act notwithstanding a vacancy in their number, and the quorum of the Council shall be fifteen; subject as aforesaid the Council may regulate their own procedure including the. delegation of powers to Committees.
(3) The constitution of the Council of Ire land may from time to time be varied by identical Acts passed by the Parliament of Southern Ireland and the Parliament of Northern Ireland, and the Acts may provide for all or any of the Members of the Council of Ireland being elected by Parliamentary electors, and determine the con- stituencies by which the several effective Members are to be returned and the number of the Members to be returned by the several constituencies and the method of election.
Lords Amendment:
In Sub-section (1), leave out from the word "administered" [" or which, by virtue of this Act are to be so administered "] to the end of the Clause, and insert
"there shall be constituted, as soon as may be after the appointed day, a Council to be called the Council of Ireland.
(2) Subject as hereinafter provided, the Council of Ireland shall consist of the Lord Chancellor of Ireland who shall be President and forty other persons, of whom seven shall be Members of the Senate of Southern Ireland, thirteen shall be Members of the House of Commons of Southern Ireland, seven shall be Members of the Senate of Northern Ireland, and thirteen shall be Members of the House of Commons of Northern Ireland.
The Members of the Council of Ireland shall be elected in each case by the Members of that House of the Parliament of Southern Ireland or Northern Ireland of which they are Members, and at any contested election for two or more Members of the Council of Ireland the election shall be according to the principle of proportional representation, each elector having one transferable vote, as defined by the Representation of the People Act, 1918, and His Majesty in Council shall have the same power of making regulations in respect thereto as he has under Sub-section (3) of Section twenty of that Act, and that Sub-section shall apply accordingly.
The election of Members of the Council of Ireland shall be the first business of the Senates and Houses of Commons of Southern Ireland and Northern Ireland.
A Member of the Council shall, on ceasing to be a Member of that House of the Parliament of Southern Ireland or Northern Ireland by which he was elected a Member of the Council, cease to be a Member of the Council:
Provided that on the Dissolution of the Parliament of Southern Ireland or Northern Ireland the persons who are Members of the Council elected by either House of that Parliament shall continue to hold office as Members of the Council until the date of the first meeting of the new Parliament and shall then retire unless re-elected.
The President of the Council shall preside at each meeting of the Council at which he is present, and shall be entitled to vote in case of an equality of votes, but not otherwise.
The first meeting of the Council shall be held at such time and place as may be appointed by the Lord Lieutenant.
The Council may act notwithstanding a vacancy in their number, and the quorum of the Council shall be fifteen; subject as aforesaid the Council may regulate their own procedure, including the delegation of powers to Committees.
(3) The constitution of the Council of Ireland may from time to time be varied by identical Acts passed by the Parliament of Southern Ireland and the Parliament of Northern Ireland, and the Acts may provide for all or any of the Members of the Council of Ireland being elected by Parliamentary electors, and determine the constituencies by which the several elective Members are to be returned and the number of the Members to be returned by the several constituencies and the method of election."
On a point of Order. Would it not save time if the longer Lords Amendments were not read at the Table, but put by the Reference Number?
I think that will be agreeable to hon. Members, who all have the Paper in their hands.
I beg to move, "That this House doth disagree, with the Lords in the said Amendment.'
I had better tell the House what the effect of this is and how it compares with the Council which was in the Commons Bill. The alterations which have been made are really very material and extensive. The first alteration is that the Lord Chancellor of Ireland is to be the President of the Council instead of an independent or neutral person appointed' by His Majesty. The Lord Chancellor of Ireland, as the Bill now stands, is a Member of the Southern Senate and therefore he is not a neutral person. He is interested as a Member of the Southern Senate, and if he is added to the Council the Southern Parliament will be represented, not by twenty as against twenty in the North, but by twenty-one as against twenty in the "North. The method of election of the Council is entirely changed. This Amendment proposes that thirteen of the twenty Members of the Council elected for the Northern and Southern Parliaments respectively should be Members of the House of Commons and elected by the House of Commons by Proportional Representation, and that seven Members of the Council shall be elected from amongst the Senators by Proportional Representation by the Senators. Under the Bill, as it left our House, the Council was provided with an independent President and with twenty Members from each House of Commons, and of those twenty Members ten must necessarily be Members of the House of Commons, and the other ten might be selected by the House of Commons from people who were not Members. If we consider what the duties and functions of the Council are, I think I shall be able to show the House that the Commons' proposal is the right proposal, namely, that the members of the Council shall be elected by Members of the House of Commons, and that the Senate should not have any hand in the election of members of the Council, for the main duty of the Council, as provided in the Bill, is to look after the railways and the fisheries, and from time to time to administer in common services which might by agreement between the two Parliaments be delegated to the Council as the more convenient body for administrative purposes. If the hope and expectation is fulfilled that the Council will gradually be entrusted more and more by the two Parliaments with services which are better administered centrally, that Council will become a larger and larger spending body. It would be dependent, of course, on the revenues which are either assigned or granted to it by the two Parliaments, and in order that its members may properly carry out their functions, it seems to the Government that they ought to be Members of the first Chamber, and able to answer to the first Chamber, which alone has control over finance, for the expenditure they make.
There is also a power to make laws.
And of course it has a certain power, with regard to railways, of making laws. Our object was to make the Council a non-contentious body, and I fear if we thrust Senators upon the Council against the will of the elected representatives of the people in the first House we are likely to introduce contention into the Council. I say especially " against the will of the first House," because if the first House desired to have Senators upon the Council it has the power under the Bill as it left our House to put Senators there, because out of the 20 members it nominates it need only nominate 10 Members of the House of Commons, and if it wants to nominate 10 Senators it is able to do so. So there is now already power for Senators to sit on the Council if they sit there by consent of the elected representatives. But what the Amendment proposes is that, without any such consent, the Senators shall be thrust upon this body. It seems to me there is no question here of protecting minorities. The protection of minorities, so far as it can be given, is given to the Senate. The Council's powers, except as to railways and fisheries, are to be delegated powers, and the protection with regard to the exercise of delegated powers will come, not in the Council, but in the Senate and in the House of Commons, which together delegate those powers. For these reasons I must ask the House to disagree with this Amendment, and that will have the effect of restoring the Council as proposed in the Bill before it left this House.
I very much regret the decision of the Government to put back the Council to the form in which it left this House. As then composed it was an unsatisfactory body to perform its functions, because being chosen by block vote, in response to very strong feeling against Proportional Representation on the part of Ulster, you were bound to get no middle opinion. You were certain to find your council consisting of twenty Orangemen and twenty Sinn Feiners, and that was not a likely body to give credit to any attempts to bring about closer union. I understand that Ulster still maintains her objection to Proportional Representation. If you do not have Proportional Representation the only way to get minority opinion on to this Council is by means of a representation of the Senates, where minorities will be strong. The Proportional Representation proposal in the Lords Amendment is of no importance to the Southern minorities because they will be such an insignificant number in the Lower House that they can only hope to get representation on the Irish Council through the Senate; and on this Council, by means of the proposal that they should have their Senators chosen by Proportional Representation, there undoubtedly would be some opportunity of voicing the views of the minority. Under present conditions in Ireland there is very little chance of the leaders of commerce and industry, and men of financial experience, getting any look in in the Lower House, and if the Irish Council is to get the support of the country you must have that type of man on it. There will, no doubt, be very valuable Members from the North, but their well-known political views will militate very considerably against any agreement with Sinn Feiners. The Ulster representatives have, of course, taken two views as to the possibility of Irish union. We had on the Second Reading the view of the hon. and gallant Gentleman (Captain Craig) that there was hardly a possibility, and lately we had the very much more hopeful views of the right hon. Gentleman (Sir E. Carson). I think he sees that the only way to get peace and union in Ireland is to avoid the sense of injustice. If hundreds of thousands of Catholics and Nationalists in the North are shut out of all chance of taking part in this unifying body by means of the block vote, and if hundreds of thousands of minority Protestants in the South are in the same way shut out, there will be such a sense of injustice that there is very little hope of public confidence or smooth working. But the particular proposal put in by the Lords with regard to Proportional Representation was primarily to meet the case of the Nationalist and Catholic minorities in the North of Ireland, and it is not, from my point of view, half as important as the minority representation in the South by means of a Senate, but I should imagine that a great deal of importance is attached to that part of the Amendment in another place, and I only hope that the Government may think better of it, rather than jeopardise the fate of this Bill.
I hope very much the House will give a little more consideration to this question before it agrees with the proposal that has just been made by the Government. Let the House remember what is the state of affairs. When the Bill left this House the constitution for Ireland only included the House of Commons. The Council was to be a uniting link between them, and quite naturally it was to be composed principally of Members of the two Houses of Commons. Since then another place has inserted two Amendments into the Irish Constitution, and the Government has accepted their proposal. The constitutional position, therefore, is entirely changed. If the Council is to be an effective connecting link between the two Parliaments, obviously it seems to me the Senate should be definitely represented as a part of the general connecting link. I should have thought that would be taken for granted. The Minister without Portfolio suggested that it will be possible to bring Senators into the Council and that the limited number of Members of the Council need not be Members of the two Houses of Commons. That is all very well in its way, but it does not go very far, for there will not be the least likelihood of the Houses of Commons, as they will be constituted immediately after the passing of the Act introducing into the Council such minority representatives, and if there are Senates, and if the Senates are to play an effective part in the Parliamentary life of Ireland, surely they should be given their proper status and should be allowed a limited, but none the less a definite, representation upon the Council. Anyhow, the representatives of the minority in the South and West in another place took this view, and they held it very strongly. The question was discussed several times, and the House eventually agreed by a substantial majority to insert this Amendment into the Bill. In view of our desire to provide every possible safeguard for the minorities in the South, I should have thought we would be wise to accept a proposal which seems to me to be without danger, and is certainly regarded as important by the Unionist representatives of the South and West. The right hon. Gentleman can judge for himself whether or not it is wise to endanger the Government Bill over a question of this kind—one has to come to one's own judgment upon a question of that kind—but, having listened to the Debates in another place, I should certainly say that Noble Lords attach very real importance to this Amendment, and the Government, by asking the House to reject it, is asking it to take an action which may very well endanger the immediate passage of their Bill.
Question, "That this House doth disagree with the Lords in the said Amendment," put, and agreed to.
CLAUSE 3.—{Establishment of second Houses of the Parliaments of Southern Ireland and Northern Ireland.)
(1) It shall be the duty of the Council of Ireland, at or as soon as may be after their first meeting, to frame a scheme for the establishment of second Houses of the Parliaments of Southern Ireland and Northern Ireland and to submit the scheme to the House of Commons of Southern Ireland and the House of Commons of Northern Ireland for their consideration.
If the scheme submitted to the said Houses in pursuance of the foregoing provision is not confirmed in manner hereinafter provided, the Council may at any time thereafter, if it appears to them that they can usefully so do, frame a further scheme for the purpose aforesaid and submit the same to the said Houses, and so from time to time as occasion arises.
(2) The scheme shall specify the titles of the respective Houses and the number of Members thereof, the manner in which the Members are to be chosen, whether by appointment, or election, or otherwise, and in particular the constituencies for which the elected Members, if any, are to be returned and the number of Members to be returned by such constituencies, and shall define the relations of the two Houses of each Parliament to one another, and may contain such incidental and consequential provisions as the Council think proper, including provisions for the amendment of this Act.
(3) A scheme framed under this Section shall not have effect unless and until it is confirmed by identical Acts of the Parliaments of Southern Ireland and Northern Ireland and if and when so confirmed shall have effect as if enacted in this Act, but may be repealed or altered by identical Acts of those Parliaments.
(4) The House of Commons of Southern Ireland or of Northern Ireland may return to the Council any scheme submitted to them under this Section with suggestions for the amendment thereof, and the Council shall thereupon take the suggestions into consideration, and if they think fit frame a new scheme giving effect to all or any of the suggestions.
Lords Amendment:
Leave out the Clause.
Agreed to.
CLAUSE 4.—(Power to establish a Parliament for the whole of Ireland.)
(1) The Parliaments of Southern Ireland and Northern Ireland may, by identical Acts agreed to by an absolute majority of Members of each Parliament at the Third Reading (hereinafter referred to as constituent Acts), establish in lieu of the Council of Ireland a Parliament for the whole of Ireland consisting of His Majesty and one or two Houses (which shall be called and known as the Parliament of Ireland), and may determine the number of Members thereof and the manner in which the Members are to be appointed or elected, and the constituencies for which the several elective Members are to be returned, and the number of Members to be returned by the several constituencies, and the method of appointment or election, and in the event of provision being made for two Houses of Parliament, the relations of the two Houses to one another; and the date at which the Parliament of Ireland is established is hereinafter referred to as the date of Irish union:
Provided that the Bill for a constituent Act shall not be introduced except upon a Resolution passed at a previous meeting of the House in which the Bill is to be introduced.
Lords Amendment:
In Sub-section (1), after the word " of " [" Member of each Parliament"], insert " the House of Commons of."
Agreed to.
Lords Amendment:
In Sub-section (1), leave out the words " one or " [" His Majesty and one or two houses "].
I beg to move, "That this House doth agree with the Lords in the said Amendment."
6.0 P.M.
Perhaps I had better tell the House what this Amendment means, because it is a little obscure. Under the Bill as it left this House the two Parliaments by identical Acts could set up the constitution of one Parliament for United Ireland and they had power either to make that Parliament with two Chambers or with one Chamber. This Amendment makes it necessary for that Parliament to have two Chambers and takes away from the two Parliaments the right to select, if they choose, the single chamber system. As we have accepted the Amendments in regard to the Senates of the two separate Parliaments, I ask the House to accept this Amendment with regard to the United Ireland Parliament.
Question put, and agreed to.
Lords Amendment:
In Sub-section (1), leave out the words " in the event of provision being made for two Houses of Parliament."
Agreed to.
CLAUSE 5.—(Legislative powers of Irish Parliaments.)
(12) Coinage; legal tender; negotiable instruments (including bank notes); or any change in the standard of weights and measures; or
Lords Amendment:
In Sub-section (1) paragraph (12), after the word " notes," insert " except so far as negotiable instruments may be affected by the exercise of the powers of taxation given to the said Parliaments."
I beg to move, " That this House doth agree with the Lords in the said Amendment."
This Amendment makes a very considerable change in the Bill as it left this House, and I would like to ask for your ruling, Mr. Deputy-Speaker, as to whether it is in order. As the Bill left this House negotiable instruments, including bank notes, were excepted from the powers of the Irish Parliament. By this Amendment the power of taxing negotiable instruments which, as the Bill left this House, was retained for this House is to be transferred to the Irish Parliaments. Under the circumstances, as a preliminary point, I should like to know whether that Amendment does not constitute a breach of privilege of this House, by seeking to transfer the power of taxing negotiable instruments from this House to the Parliaments of Ireland. Another place cannot impose a charge on the subject or alter taxation. If that is so, I submit that they cannot delegate that power to another body. The effect of the Amendment is to take away the power from this House, and although the other place does not take that power upon itself it gives it to a third party. Is not that a breach of the privileges of this House?
I do not think that is so. It is not a question here of imposing a tax, but it is only dealing with the constitutional question as to who is to have the power to tax. The question arose in 1912 in connection with another Irish Bill, and a decision was given on that occasion. Of course, the hon. Member is entitled to speak against it.
These words "negotiable instruments (including Bank notes) " were inserted in the Bill during the Committee stage. They were inserted on an Amendment moved by myself, because I think it was recognised that bank notes, bills, cheques, and documents of that nature to a large extent take the place of currency, which was originally excepted from the powers of the Parliament. They are the real currency used in commercial transactions and pass to and fro between Great Britain and Ireland. Under these circumstances it is recognised that one law should apply to the whole of the United Kingdom. If these words are inserted it makes a breach in that law. It may be that a document will be subject to one tax in the North of Ireland and to another in the South of Ireland and a third tax in Great Britain. There is a provision in the Bill providing that the tax should not be cumulative, but that is a very inefficient provision. A man may draw a cheque in one part of the United Kingdom, but he does not know when it reaches its destination whether it will be considered to have been properly stamped or not. The position in connection with bank notes is simply ludicrous. We have banks in the North of Ireland and in the South of Ireland issuing notes, and under Clause 28 of the Bill there is the provision:
"Where composition for stamp duty is made or agreed to be made in any one of such countries, any instrument which by virtue of the composition is exempt from the payment of duty in that country shall, for the purposes of this Section, be treated in any other such country as having been stamped in the first-mentioned country with a stamp denoting the amount of duty which, but for the composition, would have been chargeable on that instrument:
Therefore, we have the ludicrous position that bank notes are stamped by means of composition. A man having an Ulster bank note in his pocket, may go to Dublin and he is deemed to have in his pocket an instrument with the stamp of a certain kind, but he really does not know, unless he is well acquainted with the stamp duties of Southern Ireland, what the bank note is worth. An intolerable position may be created. For these reasons I urge the House to disagree with this Amendment.
When the Bill was before this House an Amendment was accepted, excepting negotiable instruments and bank notes from the scope of the Bill. So far as the general law dealing with negotiable instruments and bank notes is affected by the Bill as it left another place, the Amendment that has been inserted is in favour of the Parliaments of Northern and Southern Ireland. If you reserve altogether from the Parliaments of Northern and Southern Ireland the question of bank notes and negotiable instruments the stamp duty upon the negotiable instruments goes to the English Exchequer. The effect of the Amendment is that the money derivable from the taxation of negotiable instruments in Ireland goes to the Exchequer of the Northern and Southern Parliaments, and is, therefore, much in their favour. The suggestion that there is likely to be a tax upon Northern bank notes going into the South seems to be very far-fetched. In any event, the taxation derivable from the substantial money payment on the negotiable instruments more than outweighs any possible disadvantage.
Question, "That this House doth agree with the Lords in the said Amendment," put, and agreed to.
CLAUSE 6.—{Prohibition of laws interfering with religious equality, etc.)
(1) In the exercise of their power to make laws under this Act neither the Parliament of Southern Ireland nor the Parliament of Northern Ireland shall make a law so as either directly or indirectly to establish or endow any religion, or prohibit or restrict the free exercise thereof, or give a preference, privilege, or advantage, or impose any disability or disadvantage, on account of religious belief or religious or ecclesiastical status, or make any religious belief or religious ceremony a condition of the validity of any marriage, or affect prejudicially the right of any child to attend a school receiving public money without attending the religious instruction at that school, or alter the constitution of any religious body except where the alteration is approved on behalf of the religious body by the governing body thereof, or divert from any religious denomination the fabric of cathedral churches, or, except for the purpose of roads, railways, lighting, water, or drainage works, or other works of public utility upon payment of compensation, any other property.
Lords Amendment:
In Sub-section (1), after the word "property" ["any other property"], insert "or take any private property for public-use without just compensation."
I beg to move, " That this House doth disagree with the Lords in the said Amendment."
This Amendment provides that no private property can be taken for public use without just compensation. We all hope that no private property will be taken by any House, without just compensation; but there are a good many other crimes which we hope no Parliament will commit, and it is invidious to select one of the possible delinquencies and to say that we will prohibit by words any Parliament from committing that particular crime. Moreover, I do not believe that this Amendment is in the least effective as it stands now. It might mean that private property can only be taken for public use. It is almost an invitation to take private property for private use without compensation at all. Property might be not entirely taken, but it might be very seriously damaged by public works, and in that case this is an invitation not to grant any compensation for the damage done so long as the property itself is left in the hands of its owners. It might well be argued that the Statute intended that no compensation should in that case be paid, but that if the property were taken from his hands altogether, just compensation should be paid.
What is just? Who is to decide what is just compensation? If we accept this Amendment, the Law Courts will have to decide what is just compensation. Surely, it is the business of Parliament if it takes private property for public use to lay down the condition upon which the owner should be compensated. It is for Parliament itself to see that the compensation is just, and it is undesirable that such words as these should be put in the Bill in order to pass over from Parliament to the Law Courts the duty of seeing that just compensation is paid. I can well understand that if these words were put in, seeing that they are taken from the American Constitution, there would be a repetition of the outcrop of litigation which occurred in America over similar words. For the lawyers it might be of some advantage, as it has been in America, but it is far better that Parliament should do its own work and not allow the Law Courts to do it for them. These words have a consider-able Parliamentary history. They were in the Home Rule Bill of 1893, and were defended then with the very greatest difficulty. When the Home Rule Bill of 1912, which became the Act of 1914, was introduced, these words were left out, and they were left out of the present Bill when it was introduced, but they have been put in in another place, and I now ask the House to disagree with the Amendment.
The reason of the Government for disagreeing with this Amendment is remarkable. The Clause is intended to prevent the Irish Parliament from interfering with religious equality. Therefore the theory of the Government is that the Irish Parliament is much less likely to steal than to persecute, that it is much harder to restrain an Irish Parliament from persecuting —a vice to which they are prone—but that when it comes to taking other people's property, we must trust their good sense and their justice. We should either, one would think, trust them in both religious affairs and property, or in neither one nor the other. I should have thought that they were at least as indulge in cupidity as in bigotry, and quite as likely to rob as to persecute. It is said that there is difficulty as to "compensation," but the words immediately before the proposed words refer to works of "public utility upon payment of compensation," and if the Lords Amendment is accepted, I see no difference in the application of the word " compensation." My right hon. Friend does not mean to argue that because the word "just" does not appear in the Bill the Government would make unjust compensation. The Government might make a better defence of their position than that which we have heard.
The speech of the Minister without Portfolio might have more force if the troubles he foretells in connection with this Amendment had arisen in the United States, but I understand that, though there has been a great deal of litigation there, it has never been suggested that there was an invitation to take private property for other than public purposes or to sanction the depreciation of property by a public authority. But if there is any objection to limiting this provision to a public use the difficulty could be got over by changing the words and substituting " or takes any private property for any purpose without just compensation." The discussion in another place on this subject was very short, because a strong case was made by Lord Bryce, the greatest authority on the American Constitution and also on the historical side of the Home Rule controversy whom we have. He did not admit that this provision had been a failure in the United States, and pointed out that it was very much better that you should not have to rely merely on vetoes against predatory legislation in Ireland, but should have the prohibition definitely embodied in the constitution. In view of the fact that the Lord Chancellor accepted the Amendment and said that it would ill-become him after the words of Lord Bryce to enter into a controversy about it, it is a remarkable procedure on the part of the representative of the Government in this House to go back on it.
My Noble Friend has pointed out how difficult it is for the Government to object to this addition which was made in another House having regard to the terms of the Clause as it exists, but may I point out another objection to the argument of the right hon. Gentleman? The Parliaments in Ireland are prohibited from diverting property from any religious denomination, but it is just as easy to persecute an individual on account of his religion or a class of individuals as a religious denomination. I cannot see why it is right to put a religious denomination in one category and an individual or class of individuals who are likely to be persecuted for the same reasons in another category. Speaking for myself, I take the strongest objection to any attempt to place a religious denomination in a more highly privileged position than any individual of the denomination. I should have thought that the whole tendency of our history was to assert precisely the same rights of individuals in regard to religious opinions as of religious denominations, and attacks can be made on the first class on the same grounds as attacks on the second. The right hon. Gentleman criticising this Amendment seemed to think that Parliament had gone far enough in giving the protection intended, and that this Amendment might cause criticism. I should have thought that the right hon. Gentleman would have taken steps to see that the Clause was made adequate for its purpose rather than omit to go far enough to give effect to it. I hope that the Government will reconsider the position in view of the opposition which has been expressed.
My right hon. Friend is quite right in saying that these words were taken from the United States Constitution. That Amendment was ratified in 1791 and it is curious, if it is so incon- venient as has been stated, that no attempt has been made to modify it. I think that he is mistaken in stating that a crop of litigation has arisen from it. I think that he is referring to another provision which has given rise to a great crop of litigation. If my right hon. Friend examines this more carefully he will find that it has not the effect which he has suggested, and I trust that he will consider the position.
I do not wish to press the Government strongly on this matter, as they have heard my hon. and gallant Friend (Lieut.-Colonel Guinness), but I do not see any reason why this Amendment should not be put in, and there is a good reason why it should be. Sufficient attention has not been directed by the Government to the fact that this Amendment has the support of such a distinguished jurist as Lord Bryce. In another place the Lord Chancellor, as I understand, accepted it largely because of that fact. I do not think that it is more likely to lead to litigation than the last few words of the Sub-clause, but I do not think that any definition has ever been given of what a public utility is. There is another reason. The announcement made by the Minister this afternoon led us to believe that the Bill will now pass into law at a comparatively early date. If the Minister does not give way in a matter of this kind, which cannot be important to the Government, it may make it more difficult. It was very seldom in the Committee stage that my hon. Friend (Lieut.-Colonel Guinness) and myself found ourselves in agreement with hon. Members from Ulster, but we are unanimous on this point.
I appeal earnestly to the Government to reconsider the position. The reasons advanced in another place were irresistible, and after the opinion of Lord Bryce had been quoted I should have thought that the Government would have accepted this Amendment.
I trust that the Government will not persevere in their attitude. They admit the necessity of protecting the property of religious denominations, and insert a provision for that purpose. Why, then, not give private property of individuals the same protection? My right hon. Friend does not suggest that there is greater danger of the Southern Parliament attacking the property of religious denominations than of private individuals. This Amendment is almost identically the same as the words of the Bill in reference to religious denominations. It is put forward with the great authority of Lord Bryce and his unequalled knowledge of the working of the American Constitution, and there is no objection that I can see to them. I beg the Government to reconsider the position.
If both Parliaments were to come into full function I think that the Government would be right in resisting this Amendment, seeing that it would be a limitation of the powers of these Parliaments. But seeing that the Southern Parliament is not likely to come into operation and the Northern Parliament is, they would be well advised in accepting the Amendment, because if there is one thing more certain than another it is that there may be a certain asperity in the attitude of the Northern Parliament. Recollect that the hon. Members who are here are probably by far the most intelligent and enlightened of the representatives of Ulster. The representatives in the Northern Parliament may not be so enlightened. Unless in the South a Parliament were returned with a similar power over the Unionists of the South that, if this Amendment were not carried, the Unionists would have over the Catholics of the North, the Government would be well advised to accept this Amendment as a protection for the minority.
I think hon. Members exaggerate the importance of the Amendment. I suggest that it is a very small Amendment. As a matter of fact, you find it almost impossible to frame any Amendments which are a protection, because in the end you are driven to the way in which a Parliament conducts its administration. When you say that you are not to take any property without just compensation, unless you define the principle upon which compensation is to be paid you are giving no safeguard at all. The House will see at once that you do not take away by these words the power of either of the Houses to say what is to be compensation and on what principle it is to be assessed. In all the Acts we pass here we have to say on what principle compensation shall be assessed, whether the value of the land is to be considered, whether there is to be an allowance for severance or betterment, and so forth. Unless you take away that power from the Parliament you are not giving any real security by the passing of these words.
I did not like the Amendment and I still do not like it. I agree that a great mountain has been made out of a molehill, but in its actual words I do not think it possible to accept the Amendment. I think I shall have either to ask leave to withdraw my Motion or we will have to negative the Motion that the House disagree with the Lords. That will have to be done before I can move an Amendment in another form.
I understand the practice is not to allow such a Motion to be withdrawn. The proper course would be to negative the Motion of disagreement and, after that has been done, an Amendment can be moved to the Lords Amendment.
Surely the negativing of disagreement is equivalent to agreement. I respectfully suggest that the Minister in charge of the Bill might either withdraw the Motion or give an assurance that the Government will disagree now, and themselves move an Amendment which will put the matter in proper form.
I am quite willing to do that. I would ask the House now to disagree with the Lords Amendment, and I will give an undertaking that if the Bill is returned to us amended in the form I have suggested, we can then accept it. The words I propose to substitute for those of the Lords Amendment are, " or take any property without compensation."
On a point of Order. Is there any procedure by which at this stage the Amendment to the Lords Amendment, as read by my right hon. Friend, could be incorporated in the Bill but not in this particular Clause. This Clause has a marginal note, " Prohibition of laws interfering with religious equality." That is the sole object of the Clause. If the words of the Amend- ment suggested by the Minister are added, it will be obvious that the Courts will have to attach an ecclesiastical meaning to the construction. I am entirely in favour of the suggested Amendment, but it ought to come in Clause 5 or in a Clause by itself.
The marginal note can be altered. If the House is prepared to insert some words of the character indicated by the Minister without Portfolio, the marginal note would have to be altered so as to make it conform with the Clause as it stands. There is no objection, if the House thinks fit, to disagreeing with the Lords Amendment and substituting another Amendment for it.
Is there any way by which it can be put in another part of the Bill? Although the marginal note itself has no force, the fact that the rest of the Clause deals exclusively with the subject of religious equality and that this is a totally different subject matter put in in the last couple of lines of the Clause obviously suggests to the Courts that it is of the same nature as the rest of the Clause.
On that point, I am afraid there is no other place or no better place than this. The marginal note will be altered as a matter of course.
Question, "That this House doth disagree with the Lords in the said Amendment," put, and agreed to.
Amendment made: In Sub-section (1), after the word "property " ["compensation, any other property. Any law made "], insert the words "or take any property without compensation."— [Sir L. Worthington-Evans.]
CLAUSE 8.—(Powers of the Council of Ireland with respect to private Bill legislation.)
(3) Any Order so made by the Council of Ireland under this Section shall be presented to the Lord Lieutenant for His Majesty's assent in like manner as a Bill passed by the House of Commons of Southern Ireland or Northern Ireland, and, on such assent being given, the Order shall have effect in Southern and Northern Ireland, respectively, as if enacted by the Parliament of Southern Ireland or Northern Ireland, as the case may be.
Lords Amendment:
In Sub-section (3), after the word "the" ["passed by the House of Commons"], insert the words "Senate and."
Agreed to.
CLAUSE 10.—(Reserved matters.)
(2) The following matters, namely,—
( a ) the postal service;
( b ) the Post Office Savings Bank and Trustee Savings Banks;
( c ) designs for stamps, whether for postal or revenue purposes;
( d ) the Public Record Office of Ireland;
shall be reserved matters until the date of Irish union, and thereafter if the constituent Acts so provide, and on that date if there should be no provision to the contrary in the constituent Acts, or at such later date (if any) as may be prescribed by those Acts, as the case may be, the public services in connection with the administration of those matters, except so far as they are matters with respect to which the Parliament of Ireland have not power to make laws, shall, by virtue of this Act, be transferred from the Government of the United Kingdom to the Government of Ireland, and shall then cease to be reserved services and become Irish services:
Lords Amendment:
In Sub-section (2), after paragraph ( c ), insert new paragraph
"( d ) the registration of deeds and"
Agreed to.
CLAUSE 11.—(Powers of Irish Council.)
(2) With a view to the uniform administration throughout Ireland of public services in connection with railways and fisheries, any powers (not being powers relating to reserved matters) exerciseable by any Department of the Government of the United Kingdom at the appointed day with respect to railways and fisheries in Ireland and the power of making laws with respect to railways and fisheries shall as from the appointed day become powers of the Council of Ireland, and not of the Governments and Parliaments of Southern Ireland and Northern Ireland:
(4) Before any Order made by the Council in exercise of any legislative powers vested in the Council comes into force, the Order shall be presented to the Lord Lieutenant for His Majesty's assent in like manner as a Bill passed by the House of Commons of Southern Ireland or Northern Ireland, and, on such assent being given, the Order shall have effect in Southern Ireland and Northern Ireland, respectively, as if enacted by the Parliament of Southern Ireland or Northern Ireland, as the case may be.
Lords Amendment:
In Sub-section (2), after the word "fisheries" ["in connection with railways and fisheries"], insert "and the administration of the Diseases of Animals Acts."
I beg to move, "That this House doth disagree with the Lords in the said Amendment."
Under this Amendment it is proposed to give the administration of the Diseases of Animals Act to the Council. I do not in the least object to the Council administering the Diseases of Animals Act if the two Governments agree to delegate that power to the Council, but I ask the House to disagree with a proposal that that duty should now be thrust upon the Council. There is a Board of Agriculture for the Southern Government and a Board of Agriculture for the Northern Government. They will have administrative officers, who will be able to carry out all the administration of the Diseases of Animals Act. This Amendment proposes to put that important part of the work on the Council. The Council may decide that the Act ought to be put into operation in this or that district, but it will have no power, unless it appoints an additional set of officials for the purpose, to carry out its own Regulations. If the two Governments like to combine they can invest the Council with the power and the means of carrying out the duty.
Question put, and agreed to.
Lords Amendments:
In Sub-section (2), after the word "fisheries" ["railways and fisheries in Ireland"], insert the words "and the contagious diseases of animals."
After the word "fisheries" ["railways and fisheries shall as from the appointed day"] insert the words "and the contagious diseases of animals."
Disagreed with.
Lords Amendment:
In Sub-section (4), after the word "the" [passed by the House of Commons"], insert the words "Senate and".
Agreed to.
CLAUSE 13.—(Royal Assent to Bills.)
The Lord Lieutenant shall give and withhold the assent of His Majesty to Bills passed by the House of Commons of Southern Ireland or the House of Commons of Northern Ireland, and to Orders of the Council of Ireland, subject to the following limitations: —
(1) He shall comply with any instructions given by His Majesty in respect of any such Bill or Order; and
(2) He shall, if so directed by His Majesty, reserve any such Bill or Order for the signification of His Majesty's pleasure, and a Bill or Order so reserved shall not have any force unless and until within one year from the day on which it was presented to the Lord Lieutenant for His Majesty's assent, the Lord Lieutenant makes known that it has received His Majesty's assent.
Lords Amendments:
After the word "the" ["by the House"], insert the words "Senate and".
After the word "the" ["or the House"], insert the words "Senate and".
Agreed to.
Lords Amendment:
After Clause 13, insert—
NEW CLAUSE.—(Constitution of Senate.)
(1) The Senate of Southern Ireland shall be constituted as provided in the Second Schedule to this Act.
(2) The Senate of Northern Ireland shall be constituted as provided in the Third Schedule to this Act.
(3) The provisions contained in the Fourth Schedule to this Act shall have effect with respect to the nomination, election and term of office of Members of the Senates of Southern Ireland and Northern Ireland.
I beg to move, "That this House doth agree with the Lords in the said Amendment."
I want to know whether the passing of this Amendment will preclude us from discussing the constitution of the Senate? We are most strongly opposed to the particular constitution of the Senate. In the temporary absence of my hon. Friend (Mr. Devlin) I do not want, of course, to discuss that now.
The hon. Member will be quite entitled to move any Amendments to the Schedule when we reach it.
Question put, and agreed to.
CLAUSE 14.—(Constitution of the Parliaments.)
(1) The House of Commons of Southern Ireland shall consist of one hundred and twenty-eight Members returned by the constituencies in Ireland named in Part I of the Second Schedule to this Act, and the number of Members to be returned by each such constituency shall be the number mentioned in the second column of that Part.
(2) The House of Commons of Northern Ireland shall consist of fifty-two Members returned by the constituencies in Ireland named in Part II of the Second Schedule to this Act, and the number of Members to be returned by each such constituency shall be the number mentioned in the second column of that Part.
(5) After three years from the day of the first meeting of the Parliament of Southern Ireland or Northern Ireland, that Parliament may alter the qualification and registration of the electors, the law relating to elections and the questioning of elections, the constituencies, and the distribution of the Members among the constituencies, provided that in any new distribution the number of the Members shall not be altered, and due regard shall be had to the population of the constituencies other than University constituencies.
Lords' Amendments:
In Sub-section (1), leave out the word "Second" ["Second Schedule"], and insert the word "fifth."
In Sub-section (2), leave out the word "Second" ["Second Schedule"], and insert the word "fifth."
Agreed to.
Lords' Amendment:
In Sub-section (5), leave out the word "three," and insert the word "six."
I beg to move "That this House doth disagree with the Lords in the said Amendment."
It will be remembered that this subject was discussed at some length on the Report stage. The Bill provided that after the period of three years the method of election, the nature of the constituencies, and the qualification of the Members of either House of Parliament in Ireland could be altered by the House itself in either Parliament. The Government put down an Amendment altering that from three to six years, and that was strongly objected to on the ground that it was fettering the freedom of the two Parliaments to alter the qualifications and to scrap proportional representation and take the retrograde step, as I think, of going back to the ordinary form of voting. When this matter came before the House, there was a considerable majority in favour of giving freedom in this respect not after six years but after three years.
There was no Division.
I cannot' remember at the moment, but it was a fairly unanimous House, and if I had not been impressed by that fact I should not have given way. In another place, the three years carried here, on Report has been turned into six years, and I ask the House to disagree with that and restore the decision which the House freely gave on the last occasion.
The provision in the Bill which as introduced was that the electoral system could be altered by either House of Parliament, Northern or Southern, after three years, but it was pointed out that in that way proportional representation could be abolished very soon after the Irish Parliament had been constituted, and before the country had had an opportunity at a general election of expressing its opinion on the system, and that that was wrong. The Government promised to consider the matter, and 10 years was suggested, and on Report the Government put down an Amendment that there should be no change allowed for six years. At the first general election to constitute these Parliaments there will, of course, be great national and international questions, and it will be impossible to expect that the country could give a definite opinion upon the merits of proportional representation, of which they had not any experience for Parliamentary purposes. Ireland has had experience of the system for municipal purposes, and it has met with a chorus of approval.
No!
Yes, it has, as the hon. Member will see if he consults Irish newspapers. What we say is, let the system be established, let the people of Ireland have experience of how it works, and let them in a general election say whether they wish to continue it or not. By all means let them change it after experience if they wish to do so. Nobody who is a supporter of proportional representation would say that the Irish people having tried it should be prevented from abolishing it. But in setting up this new system, which provides for the rights and safety of minorities, it is only right that you should establish these proper safeguards, of which proportional representation is admitted to be one of the most important, for a sufficient time to give the Irish people in a general election the right to say whether they will have it or not. It is not that we are proposing to impose it permanently, but we object to a majority which gets in on some other issue abolishing this system because they wish to disfranchise their opponents, for that is what it comes to. The hon. Member for South Antrim (Captain Craig) made no secret in this House of the fact that they detested proportional representation, and proposed to abolish it. His words were:
"Three years was the period during which we were to be precluded from altering the law with reference to proportional representation..… I feel that we have so many friends in the House on this matter of detestation of this system of proportional representation..… "
That is detesting a system which gives representation to those who do not agree with them. That is a very natural feeling, but it is not one that this House will, I think, respect very much. There is an open threat to abolish proportional representation. The reason is quite clear, because the dominant party in the North of Ireland found that in municipal matters proportional representation gave a fair representation to those who disagree with them in their political opinions. I hope that the House will accept the Lords Amendment in this matter.
I am very glad of the announcement by the Government that they will put back the three years, which the vast majority of this House in Committee and on Report evidently thought right. The hon. Gentleman who has just spoken says that we ought to have a trial of proportional representation. We are going to have a trial of proportional representation. The first elections will be conducted upon that system with which he is so enamoured and of which he is so great a champion, but surely you may allow the people who have been elected upon that system to say whether it is a good system or not. The hon. Gentleman wants another election to know whether they like it or not. That, I submit, is fettering these local Parliaments in a manner unheard of in any of the constitutions you have set up. That is not the whole question raised on this Amendment. By the Sub-section under discussion the Parliament may alter, we say within three years, and you say six,
"the qualification and registration of the electors, the law relating to elections and the questioning of elections, the constituencies, and the distribution of the Members among the constituencies."
When you set up a new Parliament, if you find that the distribution of the Members amongst the constituencies is unfair or improper, so that it does not really represent the constituencies in the manner in which the Parliament thinks proper, is not that a matter which ought to be remedied at once? In the same way, if you find that the system of elections is too expensive, or that it is not the proper method of carrying them out, are you to wait for six years before you can remedy such an inconvenience? As regards qualifications and registration of electors, if these Parliaments find that the present qualification is too high, surely they ought to be allowed to extend the franchise? If they think, for in stance, that women—and I am thinking of my own constituency, where women have a great deal of employment and a great many have votes—ought to have votes extended to them so as to take in women who are not 30 years of age, why should not the Parliament be allowed to do it? Why hamper these Parliaments because you look upon proportional re presentation as something sacrosanct which you are trying on the vile body of Ireland, though you will not do it in this country, not even at local elections or in any election—
University members.
I was very much struck in looking through an excellent new journal, referred to at a meeting over which you, Sir, presided this morning, of representatives of Parliaments of the Empire, on reading a statement by the Prime Minister of New Zealand on this system of Proportional Representation. He said that in New Zealand, and I think he also mentioned Australia, where it has been tried, it has been proved to be the most absolute failure, and has brought about the most unexpected results by the way in which these quotas and other matters are worked in these elections, and by the scientific manœuvring that goes on as regards the bringing in of people who really would never have a chance otherwise of election. I do not know where a great success in this system has ever been achieved.
Belgium!
:We have many Parliaments in the Empire, subordinate Parliaments, and I do not believe in any of them it has been a success.
Oh, yes, in many cases it has. [HON. MEMBERS: "Where?"] In Manitoba, in Australia, in Tasmania, in New Zealand, in South Africa.
I have referred to the opinion of the Prime Minister of New Zealand who is nearer to the working of this thing, and I hope many Members of the House will read what he said upon this system. Surely you are hampering these Parliaments in their start if you prevent them dealing with the qualifications and registration and the distribution of Members, and if you say whatever errors have happened in setting up these different matters at this distance from Ireland, those errors must remain for six years even although they are working brings about injustice. It seems to me that if those who are elected under this system find that it is not a good working system they ought to be able to alter it.
7.0 P.M.
The right hon. Gentleman has pointed out that these six years apply not only to Proportional Representation, but to all other operations which will take place under this Clause, and that suggests a possible line of compromise—that this House should send up an alternative to the House of Lords, limiting this obligation to stand by the provisions of the Bill to this particular point of Proportional Representation, leaving them in the position of altering other matters dealing with elections. I do not ask this particular election merely from the theoretical point of view. I am not sufficiently aware of the details of Proportional Representation to be able to form any judgment which I could put before the House on general grounds, but I do say that in the particular case of Southern Ireland it would be a very valuable safeguard if Proportional Representa- tion carries out what it ought to from the mathematical point of view. There is no doubt that in the South of Ireland, with the block vote, outside the university constituencies, the 300,000 loyalists can only hope to get about one seat, whereas, on the more correct mathematical system, even with the small constituencies laid down in the Schedule, they ought to have at least five seats under Proportional Representation. Of course, even that does not give them anything like reasonable representation. It would have been far more effective if Proportional Representation had been given a fairer chance in large urban constituencies, by running the whole of Dublin and the whole of Cork into single constituencies for instance, but we must be glad of any alleviation of the cruel electoral position of the scattered minorities in the South. Therefore, I do deplore the proposal of the Government that during these early years, before the present cleavages have been healed up, and before the present bitterness has been removed, those who will be in very great political danger are not to be given the benefit of this method of election which we have given them a certain amount of representation.
My right hon. Friend for Duncairn said there were no Members in the House elected by proportional representation. It would therefore hardly be right, as I am the only Member present who was so elected, if I were to say no word on this occasion. I will not enter into the mathematical details which are somewhat wearisome connected with this subject, but the purpose of proportional representation, almost its only purpose, is to enable minorities to be represented. If there is any case in which the minorities deserve protection it is in the case of these two legislatures for Ireland. It is represented that to prevent the Irish legislatures for more than three years from making different arrangements either in the areas of their constituencies or in the method of their election would be a hardship; but three years or six years is a trfle in the lifetime of a Parliament, and whether they are restrained for three years or for a little more is really a matter of little importance from the historical point of vew. It is clear if you retain this limitation to three years or less you provde merely a single opportunity for the putting into practice of the system of election by Proportional Representation. It might very well be that in the first election held for the new Parliament, under entirely new conditions, the mere method of election would not receive the attention which it would receive on the second occasion. I hope six years may yet be the limitation chosen. I should be glad to see a much longer period, but at any rate two elections should be held of necessity under this system of Proportional Representation before it is discarded. It is so easy for a majority in any district or area to consider the representation of minorities as a nuisance. If they have the power it is so natural for them to legislate so as to reduce that representation to a vanishing point. In. no place would that be easier than in Ireland, and I hope the Government will yet see fit to allow this extension of time and adopt the Lords Amendment which I have great pleasure in supporting.
Personally, I must avow to the House that I was a slow and reluctant convert to the principle of Proportional Representation. I had a feeling that in a country like ours, where people go in for anti-vaccination, anti-vivisection, and the like, Proportional Representation might saddle this House with a number of cranks who preferred the advance and the success of their own fads to interests-much higher. As I have said, I have no desire to encourage that form of representation in the House; but, having given the matter consideration for many years, I became a convert, altogether apart from Ireland, to the principle of Proportional Representation. And may I state to the House some of the facts of our political life that brought me to that change of condition? Before I come to the case of the Southern Unionists alluded to by my hon. and gallant Friend the Member for Bury St. Edmunds, let me take another case nearer hand.
I take the case of Wales. I remember one Parliament in which every single Member for Wales was a Liberal. Thirty-four, I believe, is the entire number of Members returned for Wales, and every single one of them at that election was a Liberal. It does not require much acquaintance with Wales and the Welsh people to know that, though the Conservatives there are a minority, they are just as earnest, I might say almost just as fierce, Conservatives as any body of Conservatives in the country. I take the question in which the Noble Lord (Lord Hugh Cecil) is interested, namely, the question of the Disestablishment of the Welsh Church. Everybody knows that opinion on the question was most seriously and most vehemently divided, and yet in spite of that strong vehement minority of Conservatives in Wales, not a single representative of Welsh Conservatism was found in the House of Commons. The right hon. Gentleman, the Member for Duncairn, has described this system as if it were something novel. It is a system which is spreading all over the world. 1 was in France during some of the discussions, and strong discussions they were, upon the question. It was opposed by so powerful a personality as M. Clemenceau. It was defeated three or four times, but in the end the French Parliament agreed to this system. It is the same in Belgium. I put it to anyone, Is it right that a majority, which may be as low as 20, and I have known it as low as 2, in a constituency under the ordinary electioneering methods, should put out of action and influence the voice of a minority so close in size? I have seen calculations with regard to various elections in which, taken all round, the difference between the one party and the other did not rise to more than 10 or 15 per cent., while in the Chamber itself it was 60 and 70 per cent in favour of the majority. That is a wrong system. I come to the case of Ireland. Is there a country in the world where the protection of the minority by every method and device is more necessary than in Ireland? You have two minorities that need protection. In my opinion they stand in need of protection more in the North than in the South, but I maintain that the minority in the South requires, and ought to get, protection. I was rather sorry to hear from my hon. and gallant Friend, the Member for Bury St. Edmunds, that even under Proportional Representation the Southern minority will only have five Members.
They may not have that.
I would be glad if they had twenty-five. I would assent tomorrow to any proposal that would give to the Southern Unionists the fullest measure of protection which their numbers and importance demand. There are 300,000 Southern Unionists, who represent a very fine element of the population, not merely from their material prosperity, but from their character. In my own native town, although it was a dominantly Catholic town, they were among the best and most prosperous citizens in the town Nearly all our great leaders on the Nationalist side in the history of Ireland belonged to the Protestant community. That is one of the reasons why in the South of Ireland there is such an absence of that religious sectarianism that is still a dominant feature in the North. I want the minority in the South to be protected, and in so far as proportional representation will give them protection, even though inadequate, I welcome it. Now I come to the minority in the North. I will avoid saying anything, if I can, that will offend hon. Members opposite, but it is notorious to anybody who ever visited Ulster that religious and sectarian feeling—or rather sectarian, because to my mind sectarianism and religion are contradictory terms—claims to have a rancour, and sometimes a ferocity, greater than it does, not merely in Ireland, but in any other civilised part of the world. Take one question alone. A Roman Catholic has as much chance of being lord mayor of Belfast as a Christian would have 'of being Caliph of Bagdad.
Name one who would take the job.
My hon. Friend must not suppose that the gullibility of hon. Members is so great as to cause them to believe that the only obstacle to a Catholic being lord mayor of Belfast is that there is nobody willing to take the job. Does he deny that there is anybody capable of taking the job?
No, but it would cost £5,000 a year out of his own pocket. That is the difficulty.
If it costs £5,000 a year for a man to be Lord Mayor of Belfast, I think that is not to the credit of Belfast. I say that it is incredible and unimaginable that a Roman Catholic should be Lord Mayor of Belfast. I wish these gentlemen who are Irishmen would be as tolerant to Irishmen as Englishmen can be. A friend of mine was twice Lord Mayor of Manchester, and another friend was Lord Mayor of Newcastle, and Roman Catholics have been several times Lord Mayors of the City of London. On the point of expense, a Catholic was elected Lord Mayor of Manchester. He was a man of modest means* It cost, not £5,000 a year—we are much more economical in Manchester or Liverpool than you are in Belfast—but he was elected Lord Mayor of Manchester, and—
On a point of Order—
This is interrupting my illustration.
I am sorry to interrupt, but is it in order to discuss the religion of Lord Mayors on a question as to whether the electoral law in Ireland should be changed in six years or in three years?
He was a man of modest means. What took place? [HON. MEMBERS: " Order, order!"] I have not been called to order by Mr. Speaker, and my hon. Friend is not in the Dublin Parliament, elected without proportional representation yet. He was a man of modest means, and his fellow citizens, Protestant and Catholic, made a purse for him in order to enable him to meet the expense of being Lord Mayor. I will not go into the whole story of the sectarianism of the north. The four, five, or six thousand men who are walking idly the streets of Belfast to-day are a sufficiently striking example of how the spirit of toleration reigns in that district. These being the conditions—they are undenied, they are notorious, and my hon. Friend the Member for the Falls Division can tell you the story of Belfast better than I can, including the attempt to burn down a hall that he had for the poor, over-worked women in the linen mills of Belfast—these being the conditions, is not the minority in the North of Ireland entitled to adequate protection? I will not say that Proportional Representation is adequate in the case of the Northern minority any more than in the case of the Southern minority, but it is something of a safeguard, and it is a safeguard for Labour as well. 1 do not know whether you are afraid more of Labour than of Rome, but under Proportional Representation recently, I understand, 18 Labour men were returned to the municipal council in Belfast. [HON. MEMBERS: " No! "] Well, several were returned, and I do not know whether you like that or not, but I want to protect the Labour men in Belfast against the capitalist combination which has led the Northern Orangemen for so long. Yet when this little protection of Proportional Representation for the Roman Catholic minority, the only real oppressed minority in Ireland, is given them for six years, up comes a minotaur from Duncairn to denounce the proposal. How is it that if you want to get real reaction you have to come to the Orange party in the House of Commons from the more liberal atmosphere of the House of Lords? The right hon. and learned Gentleman says you will fetter their rights. Certainly, and you are perfectly entitled to fetter the rights of any Parliament in the world if you have proof that the minority is in danger if you give omnipotence to that Parliament. I am rather surprised at the attitude which the right hon. and learned Gentleman takes up. He is a champion of minorities. He thought the protection of a minority from a majority of another religion was good enough to foment a rebellion.
Rebellion against whom?
Against the majority.
Against Sinn Fein.
No, against—[ Interruption. ]
I would remind the hon. Member for the Falls Division that the hon. Member for the Scotland Division is making a speech. This is not a general discussion; it is not a conversazione.
The right hon. and learned Gentleman is the champion, and I congratulate him on being a most successful champion, of minorities. I also am an ardent champion of this sacred doctrine of minorities, for I do not know any man who has more opinions which would make him in a minority in this country than I have myself, and, therefore, I am in favour of minorities. But when it is a Roman Catholic minority, then all the sympathy of the right hon. and learned Gentleman for minorities comes to an end. What is the meaning of all this? The spirit, the uncured, I hope not incurable, spirit of hon. Members opposite and those they represent is the spirit of ascendancy, and they want this Parliament to maintain, to strengthen, and to perpetuate if they can the ascendancy of one grade over another in Ireland, and it is because proportional representation would stand in their way that they oppose it, not because they have an honest desire to bring to an end that sectarian and religious struggle in the North of Ireland, which every sane and honest Irishman desires to see brought to an end
I do not think my hon. Friend's genius for irrelevancy was ever displayed with greater aptitude than in the speech he has just made, for the Motion before the House has nothing to do with intolerance, religion, or Lord Mayors, and it has nothing really directly to do even with the merits of proportional representation. The only point is whether the system of proportional representation, with its merits and demerits, whatever they may be, is to continue in Ireland under these Parliaments for three years or for six years. I do not think the House requires any discussion as to the merits or demerits of that question of proportional representation. People have formed their opinions, but what I must say has struck me on that subject is that the more enthusiastic the hon. Member (Mr. O'Connor) is in favour of proportional representation, the less faith he has in it. The more keen they are for proportional representation, the less belief they have that it will stand any test. The hon. Member cannot trust either of these Parliaments to stand more than the minimum test of proportional representation, and he is quite certain that after three years they will have had enough of it, and therefore he wants to ram down their throats the compulsory adoption of this system for at least six years. I want to say that it is not by any means only a question of proportional representation, and from my point of view that is not even the most important thing. I want to emphasise what my right hon. and learned Friend the Member for the Duncairn Division said earlier in the Debate.
If hon. Members will cast their eyes forward to the next Clause in the Bill, they will see that these two Parliaments in Ireland will, until their own legislation alters it, have to adopt all the existing electoral laws of this Imperial Parliament. Everyone knows that these electoral laws in their working are extremely expensive, and they will be still more expensive in the very large constituencies which will be brought into operation by this Act in Ireland, and it might very well be that these Parliaments, looking to the electoral laws of this United Kingdom, might say, " We are going to introduce measures which will mitigate the very great hardship and the expenses of election as they now operate." Therefore, I think it is a monstrous proposal that the whole of the electoral laws of this country should be imposed upon both Parliaments, not merely for three years, but for six years, which in operation will actually amount probably to eleven years. Does anybody really say that all this expense should be imposed upon them for so long? Take registration. Under the Act of 1918, in this country we are obliged to have two registrations in the year. If I recollect rightly, there has been some Order in Council doing away for the present with that part of the Statute on the ground of expense. Is it not quite reasonable to suppose that the Irish Parliaments will say that one registration in the year will be quite enough for them, and are they to be precluded from having one registration in the year instead of two merely because some hon. Members, under the Amendment now before the House, are anxious, having no faith whatever in the principle of proportional representation, to tack it on to all these other onerous burdens and say that these Parliaments shall endure for six years? It seems to me a most unreasonable proposal, and I am very glad of the attitude which the Government have taken up in regard to it.
I do not think the hon. and learned Gentlemen who has just spoken represents quite fairly the position taken up by my hon. Friends who support the Amendment in another place. It is not that we do not trust the Parliaments of Ireland, but we do not trust the Party amongst which the hon. and learned Gentleman is sitting, which has a majority, and will get rid of Proportional Representation at the first moment. But what I really rose for was to refute what the right hon. and learned Member for Duncairn (Sir E. Carson) has told the House. I do not think the House ought to accept the view, simply on the statement of one Dominion statesman, that Proportional Representation in the Overseas Dominions is not working well. It is true that Mr. Massey does not like it, although he does not so wholeheartedly condemn it as might be supposed from the speech of the right hon. Gentleman. In various Dominions it has worked extremely well. New Zealand has only got Proportional Representation for local government. I will quote very briefly what has happened in Manitoba, in one of the most recent Proportional Representation elections, held in June this year, and perhaps the name of the statesman from whom I am going to quote will carry weight. Mr. R. W. Craig, K.C., President of the Social Service Council of Manitoba, writes of the election held last June as follows:
" My opinion is that this system was remarkably successful. With about 40 names on the ballot paper, and having regard to our cosmopolitan population and the fact that this system was entirely new to the Winnipeg electorate, I had anticipated that there would be some confusion, and possibly an abnormal number of spoiled ballots. The working out of the system was remarkably free from such conditions, and the result of the poll was quite apparently an accurate register of public sentiment in the personnel of the elected candidates. The system proved to be all that its most enthusiastic advocates had declared it to be."
I could read out extract after extract from letters and speeches of men in Manitoba—Conservative, Liberal, Labour, and Progressive, praising the way the system has worked there. In Australia it has spread everywhere. The South African Parliament has adopted it, and all the new States in Europe are adopting it. It is not fair, therefore, for the right hon. Gentleman to say it is not working in the Dominions because one distinguished Statesman has criticised it. It is working well in Ireland. When this discussion came up in Committee, I quoted some Irish newspapers of every shade of opinion, praising the result of proportional representation, including the " Irish Times " and " Cork Constitution," papers of the colour of my hon. Friends opposite. It has just been used at Queen's University, Belfast, and the Auditor of the University, writing to the Secretary of the Proportional Representation Society in this country, says:
"Since there were no complaints of any sort"—
this election of the Students' Representative Council took place on 12th November last—
"I think I feel justified in saying that everything went off smoothly. Proportional representation at Queen's University will progress, not in arithmetical ratio, but by geometrical progression, for each student in his own way is now an agent of your Society"
I think after that, and one or two other extracts I could give, it is quite absurd to say it is not working well now. We quite understand the reason why the present hon. Members on the Bench opposite do not want proportional representation. I think one of the main reasons is that Tyrone and Fermanagh now show a majority against them, and that is what has embittered them still more than when the Bill went through its first stages in this House. 1 suppose that, answering the usual crack of the whip, the Minister without Portfolio is disagreeing with the Lords in this Amendment. It is a sorry look-out when the unelected other place proposes to safeguard the working of the scheme, and simply to please hon. Gentlemen and right hon. Gentlemen opposite, the right hon. Gentleman disagrees with what I am sure he and the Prime Minister, and the Lord Privy Seal, consider a very proper Amendment to put in.
The hon. and gallant Member said that this was not a question of the merits or demerits of proportional representation. Then I should like to know what it is.
The question is whether it is to be continued for three years or six years. That is really the sole question.
Quite so; but if we are to make up our mind whether it is to exist for three years or six years, we have to make up our mind whether we would like it or not.
The Parliament itself will determine that.
The object of proportional representation is to give protection to minorities. The hon. and learned Gentleman twitted the hon. Member for the Scotland Division of Liverpool (Mr. T. P. O'Connor) that he was afraid at the end of three years it would be so unpopular that it would be done away with. I think the real reason for the opposition of the hon. and learned Gentleman is very obvious, and very well known, and I am surprised he has not been honest enough to say quite frankly that they do not want it at all. They see how it is likely to work, and they are opposed to it in any shape or form. If
they must have it, they want it for as short a time as possible, so that the minute that time is up they can put an end to it. That is the only object of their opposition.
Question put, "That this House doth disagree with the Lords in the said Amendment."
The House divided: Ayes, 170; Noes, 33.
Division No. 412.] AYES. [7.39 p.m. Addison, Rt. Hon. Dr. C. Foxcroft, Captain Charles Talbot O'Neill, Major Hon. Robert W. H. Archdale, Edward Mervyn Fraser, Major Sir Keith Parker, James Ashley, Colonel Wilfrid W. Fremantle, Lieut-Colonel Francis E. Parry, Lieut.-Colonel Thomas Henry Astor, Viscountess Gange, E. Stanley Perring, William George Atkey, A. R. Ganzonl, Captain Francis John C. Pinkham, Lieut.-Colonel Charles Baird, Sir John Lawrence George, Rt. Hon. David Lloyd Pollock, Sir Ernest M. Baidwin, Rt. Hon. Stanley Gilbert, James Daniel Pratt, John William Balfour, George (Hampstead) Gilmour, Lieut-Colonel John Purchase, H. G. Barlow, Sir Montague Greenwood, Colonel Sir Hamar Rae, H. Norman Barnett, Major R. W. Greig, Colonel James William Raeburn, Sir William H. Barnston, Major Harry Hacking, Captain Douglas H. Ramsden, G. T. Barrand, A. R. Hambro, Captain Angus Valdemar Rawlinson, John Frederick Peel Barton, Sir William (Oldham) Hamilton, Major C. G. C. Reid, D. D. Bennett, Thomas Jewell Hanson, Sir Charles Augustin Renwick, George Betterton, Henry B. Harmsworth, C. B. (Bedford, Luton) Robinson, Sir T. (Lanes., Stretford) Birchall, Major J. Dearman Harris, Sir Henry Percy Rodger, A. K. Bird, Sir A. (Wolverhampton, West) Henry, Denis S. (Londonderry, S) Samuel, A. M. (Surrey, Farnham) Blake, Sir Francis Douglas Herbert Dennis (Hertford, Watford) Sanders, Colonel Sir Robert A. Borwick, Major G. 0. Hilder, Lieut.-Colonel Frank Sassoon, Sir Philip Albert Gustave D. Boscawen, Rt. Hon. Sir A. Griffith- Hope, James F. (Sheffield, Central) Scott, A. M. (Glasgow, Bridgeton) Breese, Major Charles E. Hopkins, John W. W. Seager, Sir William Bridgeman, William Cilve Hurd, Percy A. Seely, Major-General Rt. Hon. John Brown, Captain D. C. Hurst, Lieut.-Colonel Gerald B. Shaw, Hon. Alex. (Kilmarnock) Bruton, Sir James Inskip, Thomas Walker H. Shortt, Rt. Hon. E. (N'castle-on-T.) Bull, Rt. Hon. Sir William James Johnson, Sir Stanley Smith, Harold (Warrington) Burdett-Coutts, William Jones, J. T. (Carmarthen, Llanelly) Stanton, Charles B. Burn, Col. C. R. (Devon, Torquay) King, Captain Henry Douglas Stewart, Gershom Burn, T. H. (Belfast, St. Anne's) Law, Alfred J. (Rochdale) Strauss, Edward Anthony Butcher, Sir John George Law, Rt. Hon. A. B. (Glasgow, C.) Sturrock, J. Leng Campion, Lieut.-Colonel W. R. Lewis, Rt. Hon. J. H. (Univ., Wales) Sutherland, Sir William Carr, W. Theodore Lloyd, George Butler Taylor, J. Carson, Rt. Hon. Sir Edward H. Lloyd-Greame, Major Sir P. Thomas, Sir Robert J. (Wrexham) Casey, T. W. Locker-Lampson, G. (Wood Green) Thomas-Stanford, Charles Cecil. Rt. Hon. Evelyn (Birm., Aston) Lonsdale, James Rolston Thomson, Sir W. Mitchell- (Maryhill) Chamberlain, Rt. Hn. J. A. (Birm., W). Lorden, John William Walters, Rt. Hon. Sir John Tudor Coates, Major Sir Edward F. Loseby, Captain C. E. Ward-Jackson, Major C. L. Coats, Sir Stuart Lynn, R. J. Ward, Col. J. (Stoke upon Trent) Colvin, Brig.-General Richard Beale Macdonald, Rt. Hon. John Murray Warren, Lieut.-Col. Sir Alfred H. Coote, William (Tyrone, South) McLaren, Hon. H. D. (Leicester) Watson, Captain John Bertrand Cope, Major Wm. Macnamara, Rt. Hon. Dr. T. J. Whitla, Sir William Cory, Sir J. H. (Cardiff, South) McNeill, Ronald (Kent, Canterbury) Wild, Sir Ernest Edward Courthope, Major George L. Marks, Sir George Croydon Williams, Lt.-Com. C. (Tavistock) Cowan, D. M. (Scottish Universities) Marriott, John Arthur Ransome Williams, Lt.-Col. Sir R. (Banbury) Craig, Capt. C. C. (Antrim, South) Martin, Captain A. E. Wills, Lieut.-Colonel Sir Gilbert Craig, Colonel Sir J. (Down, Mid.) Mason, Robert Wilson, Daniel M. (Down, West) Davidson, J.C. C. (Hemel Hempstead) Mitchell, William Lane Wilson, Colonel Leslie O. (Reading) Davies, Thomas (Cirencester) Moles, Thomas Wood, Sir H. K. (Woolwich, West) Dean, Lieut.-Commander P. T. Molson, Major John Elsdale Wood, Sir J. (Stalybridge & Hyde) Denniss, Edmund R. B. (Oldham) Mond, Rt. Hon. Sir Alfred M. Wood, Major S. Hill- (High Peak) Dixon, Captain Herbert Montagu, Rt. Hon. E. S. Worthington-Evans, Rt. Hon. Sir L. Donald, Thompson Morris, Richard Yeo, Sir Alfred William Du Pre, Colonel William Baring Munro, Rt. Hon. Robert Young, W. (Perth & Kinross, Perth) Edge, Captain William Murchison, C. K. Younger, Sir George Edwards, Major J. (Aberavon) Murray, Major William (Dumfries) Elliott, Lt.-Col. Sir G. (Islington, W.) Neal, Arthur TELLERS FOR THE AYES.— Eyres-Monsell, Commander B. M. Newman, Sir R. H. S. D. L. (Exeter) Lord Edmund Talbot and Captain Guest. Falle, Major Sir Bertram G. Nicholson, Reginald (Doncaster) Ford, Patrick Johnston Norris, Colonel Sir Henry G. Kenyon, Barnet Newman, Colonel J. R. P. (Finchley) Weston, Colonel John W. Maclean, Rt. Hon. Sir D. (Midlothian) Norman, Major Rt. Hon. Sir Henry Wintringham, T. McMicking, Major Gilbert Ormsby-Gore, Captain Hon. W. Wolmer, Viscount Malone, Major P. B. (Tottenham, S.) Peel, Col. Hon. S. (Uxbridge, Mddx.) Wood, Major M. M. (Aberdeen, C.) Murray, Or. D. (Inverness & Ross) Rees, Capt. J. Tudor- (Barnstaple) Murray, John (Leeds, West) Stephenson, Lieut.-Colonel H. K. TELLERS FOR THE NOES.— Newbould, Alfred Ernest Thorne, G. R. (Wolverhampton, E.) Mr. T. P. O'Connor and Mr. A. Williams.
NOES. Banbury, Rt. Hon. Sir Frederick G. Elliot, Capt. Walter E. (Lanark) Hoare, Lieut-Colonel Sir S. J. G. Barnes, Major H. (Newcastle, E.) Entwistle, Major C. F. Hodge, Rt. Hon. John Briant, Frank Glanville, Harold James Hogge, James Myles Davies, Major D. (Montgomery) Hancock, John George Johnstone, Joseph Devlin, Joseph Hayward, Major Evan Kenworthy, Lieut.-Commander J. M.
CLAUSE 15.—(Application of election laws.)
(2) His Majesty may, by Order in Council, make such provisions as may appear to him necessary or proper for making any provisions of the election laws applicable to elections of Members of the House of Commons of Southern Ireland and Northern Ireland.
Lords Amendment:
In Sub-section (2), after the word "the" ["the House of Commons"], insert " Senate and."
Agreed to.
CLAUSE 16.—(Money Bill.)
The House of Commons of Southern Ireland or Northern Ireland shall not adopt or pass any Vote, Resolution, Address, or Bill for the appropriation for any purpose of any part of the public revenue of Southern Ireland or Northern Ireland or of any tax, except in pursuance of a recommendation from the Lord Lieutenant in the Session in which the Vote, Resolution, Address, or Bill is proposed.
Lords Amendments:
At the beginning of the Clause, insert a new Sub-section—
"(1) Bills imposing taxation or appropriating revenue or moneys shall originate only in the House of Commons of Southern Ireland or Northern Ireland. But a Bill shall not be taken to impose taxation or to appropriate revenue or moneys by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the payment or appropriation of fees for licences or fees for services under the Bill."
At the end of the Clause, insert new Sub-sections—
"(3) The Senate of Southern Ireland or Northern Ireland may not amend any Bills so far as they impose taxation or appropriate revenue or moneys for the services of the Government of Southern Ireland or Northern Ireland, or for services administered by the Council of Ireland and may not amend any Bill so as to increase any proposed charges or burdens on the people.
(4) Any Bill which appropriates revenue or moneys for the ordinary annual services of the Government of Southern Ireland or Northern Ireland, or services administered by the Council of Ireland, shall deal only with that appropriation."
Agreed to.
Lords Amendment:
At the end of the Clause, insert—
NEW CLAUSE.—Procedure in cases of disagreement between the House of Commons and Senate in either part of Ireland.)
(1) If the House of Commons of Southern Ireland or Northern Ireland pass any public Bill, which is sent up to the Senate of Southern Ireland or Northern Ireland at least one month before the end of the Session and the Senate of Southern or Northern Ireland rejects or fails to pass it, or passes it with Amendments to which the House of Commons will not agree, and if the House of Commons in the next Session again passes the Bill with or without any Amendments which have been made or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with Amendments to which the House of Commons will not agree, the Lord Lieutenant may, during that Session, convene a joint sitting of the Members of such two Houses.
(2) The Members present at any such joint Session may deliberate and shall vote together upon the Bill as last proposed by the House of Commons and upon Amendments, if any, which have been made therein by one House and not agreed to by the other, and any such Amendments which are affirmed by a majority of the total number of Members of such two Houses present at such sitting shall be taken to have been carried.
(3) If the Bill with the Amendments, if any, so taken to have been carried is affirmed by a majority of the total number of Members of the two Houses present at such sitting, it shall be taken to have been duly passed by both Houses.
Provided that, if the Senate of Southern Ireland or Northern Ireland shall reject or fail to pass any Bill dealing with the imposition of taxation or the appropriation of revenue or moneys for the public service, such joint sitting may be convened during the same Session in which the Senate so rejects or fails to pass such Bill.
Motion made, and Question proposed, "That this House doth agree with the Lords in the said Amendment."— [Sir L. Worthington-Evans. ]
I was fortunate enough to hear the speech of the Noble Lord who moved this Amendment in the other House, and it is for that reason that I wish to enter my protest against the last part of this Clause, which Members will see reads as follows: are to be the financial arrangements all over the country from time to time.
If Southern and Northern Ireland are satisfied with that non-representative decision relating to finance, I have not the slightest objection, but I wish to offer my protest against the statement made by the Noble Lord who moved the Resolution in another place, for he stated that this would be taken as an illustration of how in the adjustment of the future relationships between the new House of Lords here in England and the Representative Chamber—that is the House of Commons—matters would be decided. Lay down this principle, he said, that the Irish Senate, which takes the place of the House of Lords in England—lay down the rule, understanding, or principle that the Senate can come in and decide what the financial arrangements of the country shall be—decide that in Ireland—then you have a principle that you can apply to England. It is against that suggestion that I wish most emphatically to protest. Ireland can have it if they wish. I certainly regret any possible suggestion that the House of Lords, according to the proposal of the Noble Lord, should later copy this and adopt it, because I am quite certain this country will never surrender the right of its electoral representatives to decide the financial arrangements and burdens of this country. It may suit Ireland; and having uttered my protest I am not going to divide the House upon the subject. I am merely making this statement so that later, perhaps in the next Session, we may have the thing before us. That is why I am surprised at the Labour and Liberal Benches being so utterly deserted when a Motion of this kind comes on.
Look at your own benches.
At least, we have got more than you—though that does not say much, I agree. I could quote from the speech of the Noble Lord to whom I refer, but I am informed it would be out of order. But I object that we here shall copy the proposal of the Noble Lord. During next Session, I understand, it is proposed to reconstitute the House of Lords, and in this House it will be proposed to decide under that measure the relationship of the Houses both as to ordinary legislation and finance. I want it to be on the records of this House that I emphatically protest against this principle being applied to my own country.
It is" not often that the hon. and gallant Gentleman (Lieut.-Colonel J. Ward) and I think alike; but he has performed a great service to-night by drawing attention to this extremely dangerous precedent. I have felt very uncomfortable about this whole Senate proposal from the start. There should be a protest against it, and I quite agree with the hon. and gallant Gentleman that this particular Clause we are now discussing is an extraordinarily bad precedent. We have just been discussing the merits and de-merits of Proportional Representation. I admit my feeling in favour of Proportional Representation in Ireland is coloured by my desire to have it here. The same thing occurs, although it is the other way round, in this matter. If we can have this system working in Ireland fairly successfully—so those in favour will say—for we always say things we like work successfully—and quite naturally—if it is working in Ireland, it may well be used as a model for this most reactionary legislation which I am afraid we are going to be faced with next Session. I have seen it stated that a written guarantee has been given that there should be no Dissolution, whatever happens, until the House of Lords has been what is called " reformed "—which means strengthened and revived. If this system in Ireland is going to be a precedent, then I think we will be extremely ill-advised to allow it even to be there. If the hon. and gallant Gentleman will have the courage to divide, I will divide with him, and certainly vote against this Amendment. I repeat it is time some body attacked this Bill and the whole system of Senates in Ireland. The schedule is a nightmare—
We are not discussing that at the moment, and the hon. and gallant Gentleman should reserve his fire till we do.
I did not come into action with my heavy artillery; and I will not go beyond your ruling, Sir. I was only mentioning the Schedule in order to show that, at least, there are some here who consider this reactionary, this power of joint sitting to discuss Bills, including money Bills. The proposal is one I certainly think we should divide against.
Question, "That this House doth agree with the Lords in the said Amendment," put, and agreed to.
CLAUSE 17.—{Privileges, qualifications, etc., of Members of the Parliaments.)
(1) The powers, privileges, and immunities of the House of Commons of Southern Ireland and the House of Commons of Northern Ireland, and of the Members and of the Committees thereof, shall be such as may be defined by Act of the Parliament in question, and, until so defined, shall be those held and enjoyed by the Commons House of Parliament of the United Kingdom and its Members and Committees at the date of the passing of this Act.
(2) The law for the time being in force relating to the qualification and disqualification of the Members of the Commons Houses of Parliament of the United Kingdom, and the taking of any oath required to be taken by a Member of that House, shall apply to the Members of the House of Commons of Southern Ireland and Members of the House of Commons of Northern Ireland.
(3) A person shall not be disqualified for being a Member of the House of Commons of Southern Ireland or a Member of the House of Commons of Northern Ireland by reason only that he is a Peer, whether of the United Kingdom, Great Britain, England, Scotland, or Ireland.
(4) A Member of the House of Commons of Southern Ireland or Northern Ireland may resign his seat by giving notice of resignation to the person and in the manner directed by Standing Orders of the House, or if there is no such direction, by notice in writing of resignation sent to the Lord Lieutenant, and his seat shall become vacant on notice of resignation being given.
(5) The powers of the House of Commons of Southern Ireland or Northern Ireland shall not be affected by any vacancy therein, or by any defect in the nomination, election, or qualification of any Member thereof.
(6) His Majesty may by Order in Council declare that the holders of the offices in the Executive of Southern Ireland and Northern Ireland named in the Order shall not be disqualified for being Members of the House of Commons of Southern Ireland and Northern Ireland respectively by reason of holding office under the Crown, and except as otherwise provided by Act of the Parliament of Southern Ireland or Northern Ireland, the Order shall have effect as if it were enacted in this Act, and on acceptance of any such office the seat of any such person in the House of Commons of Southern Ireland or Northern Ireland shall not be vacated.
Lords Amendments:
In Sub-section (1), after the word "the" ["immunities of the House of Commons"], insert "Senate and."
After the word "the" ["and the House of Commons of Northern"], insert "Senate and."
In Sub-section (2), after the word "shall" ["shall apply to the Members "], insert "save as otherwise provided by this Act."
After the word "the" ["of the House of Commons of Southern"], insert "Senate and."
After the word "the" ["of the House of Commons of Northern"], insert "Senate and."
In Sub-section (3), after the word "the" ["the House of Commons of Southern"], insert "Senate or."
After the word "the" ["the House of Commons of Northern"], insert "Senate or."
Agreed to.
Lords Amendment:
At the end of Sub-section (3), insert a new Sub-section—
"(4) A Member of the House of Commons of Southern Ireland or Northern Ireland shall be incapable of being chosen or elected or of sitting as a Member of the Senate of Southern Ireland or Northern Ireland, and a Member of the Senate of Southern Ireland or Northern Ireland shall be incapable of being chosen or elected or of sitting as a Member of the House of Commons of Southern Ireland or Northern Ireland; but a Minister of Southern Ireland or Northern Ireland who is a Member of either House of the Parliament of Southern Ireland or Northern Ireland shall have the right to sit and speak in both Houses, but shall vote only in the House of which he is a Member."
Motion made, and Question proposed, "That this House doth agree with the Lords in the said Amendment."— [Sir L. Worthington-Evans. ]
I think we might have some explanation about this, even if it is agreed. I suppose the usual bargain has been struck with the right hon. and learned Gentleman from Ulster; but we ought to be informed on this important matter.
8.0 P.M
The hon. and gallant Gentleman does not encourage Ministers to explain Amendments like this, for he makes rude remarks in asking his questions. There is no bargain at all. It is the necessary consequential Amendment upon the setting up of the Senate. It is copied from the Act of 1914, and it is not a question of bargaining.
I had no intention of being rude.
Question, "That this House doth agree with the Lords in the said Amendment," put, and agreed to.
Lords Amendments:
In Sub-section (4), after the word "the" ["Member of the House"], insert "Senate or."
In Sub-section (5), after the word "the" ["powers of the"], insert "Council of Ireland or the Senate or."
In Sub-section (6), after the word "the" ["the House of Commons of Southern"], insert "Senate or."
Agreed to.
CLAUSE 18.—(Representation of Ireland in the House of Commons of the United Kingdom.)
Unless and until the Parliament of the United Kingdom otherwise determine, the following provisions shall have effect:—
( a ) After the appointed day the number of Members to be returned by constituencies in Ireland to serve in the Parliament of the United Kingdom shall be forty-six, and the constituencies returning those Members shall (in lieu of the existing constituencies) be the constituencies named in Parts I and II of the Second Schedule to this Act, and the number of Members to be returned by each such constituency shall be the number mentioned in the third column of those Parts of that Schedule:
( c ) On the appointed day, the Members returned by constituencies in Ireland to serve in the Parliament of the United Kingdom shall vacate their seats, and writs shall, as soon as conveniently may be, be issued for the purpose of holding an election of Members to serve in the Parliament of the United Kingdom for the constituencies mentioned in Parts I and II of the Second Schedule to this Act.
Lords Amendments:
In paragraph ( a ), leave out the word "Second" and insert "Fifth."
In paragraph ( c ), leave out the word "Second," and insert "Fifth."
Agreed to.
CLAUSE 22.—(Irish contribution to Imperial expenditure.)
(1) Ireland shall in each year make a contribution towards the Imperial liabilities and expenditure mentioned in the Third Schedule to this Act.
Lords Amendment:
In Sub-section (1), leave out the word "Third," and insert "Sixth."
Agreed to.
CLAUSE 24.—{Power of levying Surtax in addition to or granting relief from Income Tax and Super-Tax.)
(1) The Parliament of Southern Ireland or of Northern Ireland shall have power either to impose an additional Income Tax or Super-tax (hereinafter referred to as a Surtax) on individuals resident and domiciled in Southern Ireland and Northern Ireland respectively in respect of the total income of those individuals from all sources, or to grant relief from those taxes or either of them to such individuals, and the Surtax may be imposed or the relief given either generally to all such individuals or to individuals whose total income exceeds, or is less than, such amount as may be determined by the Act imposing the tax or granting the relief, and in the case of the imposition of a Surtax, whether or not the individuals are liable to Income Tax or Super-tax.
(2) The Act imposing the Surtax may provide for its being levied and collected in like manner as Super-tax, and in such case for applying the provisions of the Income Tax Acts as to the levying and collection of Super-tax.
(4) The levying and collection of any such Surtax and the making of such repayments shall rest with the Government of Southern Ireland or Northern Ireland, as the case may be, and the proceeds of the Surtax shall be paid into, and the repayments shall be made out of, the Consolidated Fund of Southern Ireland or Northern Ireland, as the case may be:
Provided that the Commissioners of Inland Revenue and other authorities and officers by whom Income Tax and Super-tax are levied and collected may at the request and at the expense of the Government of Southern Ireland or Northern Ireland, as the case may be, levy and collect such Surtax or make such payments on behalf of the Government of Southern Ireland or Northern Ireland.
(5) Sums collected or paid under this Section, whether or not collected or paid by the Commissioners of Inland Revenue, shall not be taken into account in determining for the purposes of this Act the amount of the Irish share of reserved taxes.
Lords Amendments:
In Sub-section (1), leave out the words "either to impose an additional Income Tax or Super-tax (hereinafter referred to as a Surtax) on," and insert
"to grant relief from Income Tax and Super-tax or either of those taxes to."
Leave out the words
"in respect of the total income of those individuals from all sources, or to grant relief from those taxes or either of them to such individuals, and the Surtax may be imposed."
Leave out the words "or the relief," and insert "and such relief may be."
Leave out the words "exceeds or."
Leave out the words "imposing the tax or.",
Leave out the words
"and in the case of the imposition of a Surtax, whether or not the individuals are liable to Income Tax or Super-tax."
Leave out Sub-section (2).
In Sub-section (4), leave out the words, "The levying and collection of any such Surtax and."
Leave out the words "the proceeds of the Surtax shall be paid into and."
Leave out the words "levy and collect such Surtax or."
In Sub-section (5), leave out the words "collected or" ["Sums collected or"].
Leave out the words "collected or" ["whether or not collected or"].
Agreed to.
CLAUSE 35.—(Future consideration of the transfer of Customs and Excise.)
If at any time after the date of Irish union an address for the purpose is presented by both Houses or the House of the Parliament of Ireland, the Joint Exchequer Board shall forthwith take into consideration the transfer to the Parliament and Government of Ireland of the powers of imposing, charging, levying and collecting customs duties and excise duties reserved by this Act, and report thereon and on the methods by which in case of such transfer the payment of the Irish contribution to Imperial liabilities and expenditure can be secured, and shall cause a copy of their Report to be laid before the Parliament of the United. Kingdom and the Parliament of Ireland.
Lords Amendment:
Leave out the words "or the House" ["both Houses or the House."]
Agreed to.
CLAUSE 39.—(Divisions and constitution of Supreme Court for Northern Ireland.)
(2) The High Court of Justice in Northern Ireland and the Court of Appeal in Northern Ireland shall, subject to the provisions of Part III of the Fourth Schedule to this Act, be constituted in manner provided by Part II of that Schedule.
Lords Amendment:
In Sub-section (2) leave out the word " Fourth " [" Fourth Schedule "], and insert " Seventh."
Agreed to.
CLAUSE 45.—(Transitory provisions.)
The provisions set out in Part III of the Fourth Schedule to this Act shall have effect with respect to existing judges and officers of the Supreme Court of Ireland, existing barristers and solicitors and pending proceedings.
Lords Amendments:
Leave out the word "Fourth," and insert "Seventh."
After the word "Ireland," insert the words "including officers attached to that Court."
Leave out the words, "and solicitors," and insert instead thereof the words, " solicitors and solicitors' apprentices."
Agreed to.
CLAUSE 46.—(Provisions as to judicature after Irish Union.)
(1) All matters relating to the Supreme Court of Southern Ireland, the Supreme Court of Northern Ireland (including the registration of deeds), and the High Court of Appeal for Ireland shall be reserved matters until the date of Irish Union, but the constituent Acts, or any Act of the Parliament of Ireland, may provide for the amalgamation of the Supreme Court of Southern Ireland and the Supreme Court of Northern Ireland and the abolition or merger in the court so constituted of the High Court of Appeal for Ireland, and may provide, as respects judges appointed after the date of Irish Union, for such judges being appointed by the Lord Lieutenant and the substitution of an address from both Houses or the House of the Parliament of Ireland for an address from both Houses of the Parliament of the United Kingdom in the provisions relating to the removal of judges, and for the salaries and pensions of such judges being charged on and paid out of the Irish Consolidated Fund instead of the Consolidated Fund of the United Kingdom. The reservation of matters relating to Supreme Courts as aforesaid shall not extend to the regulation of the profession of solicitors.
Lords Amendments:
In Sub-section (1), leave out the words " including the registration of deeds."
Leave out the words " or the House " [" Houses or the House "].
Agreed to.
CLAUSE 47.—(County court judges.)
(1) A judge of any county court, or other court with a like jurisdiction in Ireland, appointed after the appointed day, shall be apointed by the Lord Lieutenant, and shall hold his office on the same tenure as that by which the office is held at the time of the passing of this Act, with the substitu tion of an address from the House of Commons of the Parliament of Southern Ireland or of Northern Ireland, as the case may be, for an address from both Houses of the Parliament of the United Kingdom, and during his continuance in office his salary shall not be diminished or his rate of pension altered without his consent.
Lords Amendment:
In Sub-section (1), leave out the words " the House of Commons " [" an Address from the House of Commons "], and insert instead thereof the words " both Houses."
Agreed to.
CLAUSE 51.—(Appeals from decisions of Joint Exchequer Board.)
Lords Amendment:
After Clause 51 insert:
NEW CLAUSE.—(Finality of decisions of the House of Lords and Judicial Committee.)
Any decision of the House of Lords or of the Judicial Committee of the Privy Council as to the validity of any law made by or having the effect of an Act of the Parliament of Southern Ireland or Northern Ireland and any decision of the Judicial Committee of the Privy Council on any other question of law which is to be determined by the Judicial Committee of the Privy Council under this Act shall be final and conclusive and binding upon all Courts.
Motion made, and Question proposed, " That this House doth agree with the Lords in the said Amendment."— [Mr. D. Henry.]
May I ask what this Amendment is for? I think we might be told what is the effect of it.
On questions dealing with the validity of the law there is power to appeal to the Judicial Committee of the Privy Council. Certain appeals lie to the House of Lords, and both Courts might have to decide the question. The object is to make the decision of the Judicial Committee of the Privy Council final.
Question, "That this House doth agree with the Lords in the said Amendment," put, and agreed to.
CLAUSE 52.—(Provisions as to existing judges and others.)
(3) Sub-section (1) of this Section shall apply to existing Irish officers in the Civil Service of the Crown, who, although receiving salaries not charged on the Consolidated Fund, are removable only for misconduct or incapacity, including (after the date of Irish Union) officers removable under Section seventy-three of the Supreme Court of Judicature Act (Ireland), 1877: Provided that, in the case of. any such officer whose salary is payable" otherwise than out of money provided by the Parliament of the United Kingdom, the provisions of that Sub-section with respect to the payment of salaries and pensions out of the Consolidated Fund of the United Kingdom shall not have effect, and in the case of any such officer whose salary is payable out of money provided by the Parliament of the United Kingdom those provisions shall have effect with the substitution of payment out of money so provided for charge on and payment out of the Consolidated Fund of the United Kingdom.
Lords Amendment:
In Sub-section (3), after the word "including" ["including after the date of Irish union"], insert "clerks of the Crown for Peace and."
Agreed to.
CLAUSE 53.—(Continuation of service of, and compensation to, existing officers.)
(3) The provisions as to compensation contained in the Fifth Schedule to this Act shall apply with respect to any such existing Irish officer.
Lords Amendment:
In Sub-section (3), leave out "Fifth" ["Fifth Schedule to this Act"], and insert "Eighth."
Agreed to.
CLAUSE 58.—(Continuation of service of, and compensation to, members of the police forces.)
(4) The provisions as to compensation con tained in the Sixth Schedule to this Act shall apply with respect to the officers and constables of the Dublin Metropolitan Police and of the Royal Irish Constabulary who are serving at the day of transfer.
Lords Amendment:
In Sub-section (4), leave out "Sixth" ["contained in the Sixth Schedule"] and insert "Ninth."
Agreed to.
CLAUSE 69.—(Alteration of scale of election expenses.)
The provisions of the Fourth Schedule to the Representation of the People Act, 1918, in their application to elections of Members to serve in the Parliament of the United Kingdom or the Parliament of Southern Ireland or Northern Ireland for any of the constituencies named in Part I or Part II. of the Second Schedule to this Act, shall have effect with the substitution of two pence for seven pence and for five pence.
Lords Amendment:
Leave out the word "Second". ["of the Second Schedule"], and insert "Fifth."
Agreed to.
Lords Amendment:
After Clause 69, insert—
NEW CLAUSE.—(Certificate of Speaker with regard to Irish Members of the House of Commons.)
(1) On the passing of this Act the Speaker of the House of Commons of the United Kingdom shall communicate with the Members returned by constituencies in Southern Ireland and in Northern Ireland respectively to serve in the Parliament of the United Kingdom, and shall invite them to state whether they accept the constitution established under this Act. Such acceptance shall be signified in writing to the Speaker and certified by him to the House of Commons for record in the proceedings of that House.
(2) If within two months after the date of such communication by the Speaker, such acceptance is certified by the Speaker as regards a majority of such Members returned by constituencies in Southern Ireland or Northern Ireland, this Act shall come into operation on the appointed day in manner and subject as provided by this Act, but, if at the end of the said period, a certificate has been given by the Speaker as regards a majority of the Members so returned by constituencies in one part of Ireland, but not as regards a majority of the Members so returned by constituencies for the other part of Ireland, His Majesty in Council may by Order provide for the exercise of the powers of the Government of the other part of Ireland by the Lord Lieutenant with the assistance of a Committee consisting of such persons (who shall be Members of the Privy Council of Ireland) as His Majesty may appoint for the purpose and of the powers of the Parliament of such part of Ireland by a legislative assembly consisting of the Members of the said Committee, together with such other persons as His Majesty may appoint for the purpose. And the Order may make such modifications in this Act in its application to the part of Ireland affected as may appear to His Majesty to be necessary for giving effect to the Order, and may contain such other consequential, incidental and supplemental provisions as may appear necessary for the purposes of the Order, and any such Order shall have effect as if enacted in this Act, but may be varied by any subsequent Order in Council:
(3) Provided that after the appointed day has been duly fixed under this Act for the part of Ireland in respect of which such acceptance has not been certified by the Speaker, and at any time within two years after the passing of this Act, His Majesty may issue a Proclamation for summoning a Parliament to meet for that part of Ireland, but unless the Lord Lieutenant, within one month of the date for which such Parliament was summoned to meet, certifies that a majority of the Members of the House of Commons of that Parliament have signified in writing to him that they accept the constitution established under this Act, His Majesty in Council may provide for the dissolution of that Parliament, and the provisions of the Second Sub-section of this Section in regard to the exercise of the powers of the Government and Parliament of the part of Ireland affected shall have effect.
:I beg to move " That this House doth disagree with the Lords in the said Amendment."
This Clause provides a new method of ascertaining whether a Parliament is likely to be duly constituted in the Northern or Southern area, and it provides for the consequences of such a Parliament not being constituted, namely, a nominated Parliament and a nominated Cabinet. I had better remind the House of the provision in the original Bill, and point out how this differs from it. It will not be very easy to follow this proposal by itself. Under Clause 70 of the Bill as it left this House, the Lord-Lieutenant, if less than half the Members have been returned, or less than half have taken the oath within 14 days, may make an Order in Council postponing the issue of the Proclamation summoning the new Parliament. The Parliament may be exercised meanwhile by a legislative assembly consisting of certain Privy Councillors, and the power of the Government may be exercised by the Lord Lieutenant with a Committee of the Privy Council.
Crown Colony government.
I do not mind using that phrase, but it is almost as unlike Crown Colony government as anything could be. It is important to remember the difference. This so-called Crown Colony government would be represented in this House in the South by 70 Members, and in the Northern portion of Ireland by 30 or 40 Members, and that is not like any form of Crown Colony government which I have ever known. If it pleases the hon. and gallant Gentleman opposite to call that Crown Colony government, of course I cannot prevent it, but I would like him to know that it is not, and he is probably making that statement in order to prejudice the form of government we are setting up, and he is not accurately representing what it really is. It was intended in the original Bill that if the Bill was accepted by either Parliament and the other Parliament failed to accept it, they should not have power to veto the action under the Bill, and provision was made whereby the Council should be set up, and the civil services and the judiciary provision would be carried out, and then that Parliament which wanted to be fully equipped could be fully equipped without the consent of the Parliament which did not wish to proceed.
In another place this Clause has been super-imposed. Instead of waiting for an election and ascertaining after an election whether the Members were duly returned, and had duly taken the oath, this Clause which has been carried in another place endeavours to avoid an election in the first place, and provides a method whereby the representatives of the poeple should be asked to say whether they would accept the constitution established under this Act or whether they would not. We are going to ask the House to reject this Amendment. The principle upon which we are working is that under this Bill we are endeavouring to give self-government to the two parts of Ireland. We are making that offer to the people of Ireland, and giving them the opportunity of electing Parliaments themselves. We are not content to make that offer to certain Members of the House of Commons, many of whom have never been here at all, and allow them in the name of the area in Ireland which they represent to either accept or refuse the constitution. Our offer is to the people of Ireland, and not to the representatives of Ireland as returned to this House. Instead of consulting the electorate, which we intend they should do, this Amendment proposes only to consult the existing Members of Parliament. In practice the Amendment would be met with insuperable difficulties. Let us see what is to be done. Sub-section (1) provides: thus to show whether or not they accept the Bill. If they do accept, the Parliament will be constituted accordingly; if they do not accept, it will be constituted of non-elected representatives.
The reason given for this Clause in another place was that it was desirable to avoid turbulent elections. Of course, I sympathise heartily with that desire. I agree that when an election takes place it should be in the smoothest possible atmosphere and without any intimidation at all. We have made provision for that by arranging that the appointed day shall be within eight months after the passing of the Bill. We have made provision for a large margin in that appointed day. It may be either seven months earlier or later. There is, in fact, a practical margin of fourteen months within which the election can be taken, and that seems to afford plenty of time for things to settle down. If I could find any way of securing what we all wish, a really quiet and orderly election, I would willingly accept such an Amendment provided that it did not mean, as this Amendment does mean, withdrawing from the people the right to say whether they will take the Bill or not, and conferring it upon people who have never been elected for the purpose of speaking on this question and whose verdict ought not to be taken in the matter. I therefore ask the House to disagree with this Amendment which will have the effect of reinstating Clause 70, the suspensory Clause in the Bill as it left the House.
I first want to make a remark with reference to the so-called Crown Colony Government. I used the phrase in a friendly way, because we understood what was meant by it, and I thought it would shorten the right hon. Gentleman's description. He says it is a complete misnomer, because under so-called Crown Colony Government a number of Members can be returned to this House of Commons. I stick to my view for this reason, that although Members might be returned here, it is still possible under this Clause 70, which it is proposed to restore to the Bill, for the Government to be nominated and to wipe out for all local purposes, for all purposes of self-government, any sort of representative government all over the great Southern area of Ireland. In this House, although there are seventy Members who have not taken their seats, we still have seven who represent Nationalist constituencies, and a number who represent Unionist constituencies. Yet the Government of Ireland to-day over a great area is not exactly constitutional government; four counties are under martial law and are quite likely to remain so for a long time. Under these circumstances, I say that the term, "Crown Colony Government" is not unfair.
In another place Clause 70 was struck out and this proposal was put in its place. 1 quite agree with the Minister without Portfolio that it is rather an unwieldy method that is suggested. It is proposed to communicate with Members returned for these constituencies and to invite them to accept the constitution. It was hoped by the Noble Lord who represented the Southern Unionists and others that the fiscal side of the Bill would be very much improved from their point of view. I understand they were hoping to get into touch with a fairly considerable body of opinion in Ireland which, while not accepting this Bill, might still be inclined, if radical improvements were introduced, to take it as a working basis. There are some in Ireland who certainly take that view. They say they will not accept the Bill, but if you do this or that they may possibly persuade sufficient people to come and work it. After all, the Members elected at the General Election with whom it is proposed to communicate were elected under a constitution approved by this House and by former Nationalist Members, the areas were mapped out by this House and if any of the hon. Members who were elected at the last election care to take the oath to-morrow there is nothing short of physical force, or the fact that they may be in prison to prevent them doing so. There is nothing to prevent Mr. de Valera, or any other hon. Member coming here and taking the oath, and therefore I do not think it is altogether fair of the Minister without Portfolio to crack jokes about these people being in places where they cannot be found. They can be found quickly enough if a real effort is made to negotiate with them and to try and come to terms with them. We have seen that in the events of the last few days. Although the method proposed may not be perfect, I suggest it is from the point of view of grasping any straw in the whirlpool in which we find ourselves preferable to the Government method of blackmailing these people into taking the oath of allegiance. In this House we nearly passed a Clause which proposed that no one should stand for a constituency without first taking the oath of allegiance, but then we altered that proposal by providing that any one elected should not be allowed to take his seat except on taking the oath of allegiance. The oath of allegiance, to an Irishman to-day, looms very large. He would do almost anything rather than take it—I am talking about these dissentient Sinn Fein Members; and yet I am not so sure that the man who would rather go through seven fiery furnaces than take the oath of allegiance in the prescribed form, might not, if he were really given a chance, and if he were badly wanted in certain circumstances, be found to be as loyal as anyone else.
There is a great deal in words, as the Lord Privy Seal said at the beginning of this discussion. If I may just refer to it for a moment, there is a very analogous case in the demands made by the Egyptians. You could not possibly have got any Egyptian Nationalist Member of Parliament to take the Oath of Allegiance during the disturbances and troubles which occurred in Egypt only a few months ago. I have been told, by a distinguished member of the Milner Mission, that, eventually, he got into touch with one of the real powers behind the Egyptian Nationalist Party, and, after a good deal of conversation, he asked, " What do you people mean by complete independence? " Then this gentleman—who had, after all, very much the mentality of the people in the South and West of Ireland—said, " By complete independence we may mean this, or that, or that," and with these words he made motions with his hands at three widely different distances apart, after the oriental way. When my friend came to discuss matters with him, he found that his idea of complete independence, when translated into terms which he would be prepared to accept and discuss, was not quite what we meant by it. I mention that as an illustration of this difficulty about the Oath of Allegiance. I feel that the Lords Amendment, although not perfect, does at any rate open one door for getting on to some sort of terms of negotiation with the people who, after all, have been legally elected to this House, though they may not have taken their seats. I am disappointed that in this case, apparently, the Government have been more reactionary and despairing of a constitutional settlement than the Noble Lords in another place. If I can get any sort of support I propose to divide against this Motion.
I am sorry that my hon. and gallant Friend the Member for Bury St. Edmunds (Lieut. - Colonel Guinness) is not here, as he wished to put one point to the right hon. Gentleman in connection with this Amendment. I must, therefore, do it for him. I agree with the Minister without Portfolio that the proposal which has come from another place is an unwieldy one, and is open to certain objections. At the same time, it does provide certain safeguards which I do not think were provided by Clause 70. I am told that there is a general impression in the South of Ireland that the Bill will not be worked, that Crown Colony Government will be set up, and that there never will be any Parliamentary Government at all in the South. Under Clause 70, the South was to be given the chance of a single election showing whether or not it was prepared to work Parliamentary Government. If, after that election, it showed, according to the details of Clause 70, that it was not prepared to work Parliamentary Government, it was not to be given another chance. What my hon. and gallant Friend wants is that the door should not be finally closed, and that they should be given, not one or two chances, but an indefinite number of chances of showing by election, if that be the best way, that they are prepared to work Parliamentary Government. The right hon. Gentleman suggested that he was going to propose an Amendment to Clause 70, supposing that the House agrees to disagree with the Lords Amendment. If that be the case, I would urge upon him that, whether or not he agrees with the actual details of the suggestion I have made, he should still leave the door open to the South to come in and work a Parliamentary system after the present bitterness is past. Clause 70 puts a limit upon the chances of the South, and that is most unfortunate. I know that this is a point to which a good deal of importance is attached by representatives of the Unionist party in the South, and I would urge upon the right hon. Gentle- man that this door should be left permanently open.
I greatly regret the action of the Government in resisting the Lords Amendment on this point. Their machinery may or may not be workable, but, apart from the machinery, the main principle of the Amendment is perfectly clear. It is that, in respect of Northern and Southern Ireland, the basis of the Bill should be the consent of the Irish—that the consent of the Irish should be a preliminary to bringing the Bill into force. No one doubts that that consent will be forthcoming, under any of the competing schemes, from the North, and therefore the North is not really practically concerned with this Amendment. In the case of Southern Ireland, however, we anticipate that they will not consent. They are very reluctant to have the Bill. The main question between the Government proposal and the Lords Amendment is, whether we ought to have an election and bring the Bill into force before consent is given, and to leave it to the Southern Irish, by what would, in effect, be a course of revolutionary action, to refuse consent; or whether we shall give them a constitutional opportunity for expressing their consent or dissent before the Bill comes into force in respect of that part of Ireland. The proposal of the Government is that the Bill should be brought into force automatically, without consent; that thereupon there should be an election; and that, if the result of that election is to return a majority of the Southern Parliament who have revolutionary or republican convictions, and are, therefore, unable or unwilling to take the oath of allegiance, then other steps will be taken —Parliament will not assemble, and what my hon. and gallant Friend opposite (Lieut.-Commander Kenworthy) calls Crown Colony government will be set up.
I think that that is a bad plan. It is bad in theory, because nothing can be more ridiculous than to set up a system of local autonomy without the consent, or against the consent, of the population who are to be set to work that system. It is a bad plan because, like many other things that the Government have lately done, it does not pay any regard to Irish self-respect. You are treating them as though you could force it on them, and leaving them to what certainly, compared with many things that are happening in Ire- land, is trivial revolutionary action, but is still revolutionary action. To hold an election under disturbed conditions, to have in many constituencies flagrant intimidation going on, and then, perhaps, a Parliament elected which will not take the oath of allegiance, which acts publicly and defiantly against the authority of the Lord Lieutenant and the Crown, is a thoroughly demoralising process. It is not treating the Irish as though they were a constitutional people. I agree that there are only too grave reasons for assuming that they are not; but you ought to proceed, with all due constitutional form, to ask whether they will accept this proposal or not, and the persons to give or withhold that constitutional consent are the representatives in this country. I attach very little importance to what the right hon. Gentleman said as to the difficulty of finding their addresses. That will not make any difference one way or the other. No one really disputes that, if there were any real wish, difficulties of that kind would disappear.
It really turns on that. Do you wish to found your new system of self-government in Ireland on the preliminary of Irish consent or not? I am not in favour of the Bill at all, but I believe that it would be madness to proceed with a system of local autonomy unless you can afterwards say to the Irish, " You consented to this; it was submitted to you, and you consented, and, therefore, it is for you to work it in a reasonable, statesmanlike and moderate fashion.'' Unless you can say that, you really foredoom your system to failure and disaster from the outset. If the right hon. Gentleman had proposed some other form of consent which he thought would work better, it might have been worth the while of this and the other House to consider it. If he had suggested a referendum of the Irish people interested, that would have been worth considering. In any case, I am sure that consent ought to be the preliminary stage to setting up the Bill. To have an election, and then to have a riot and a refusal to take the oath, with a great deal of defiance and blowing of the trumpet, and everyone acting before the civilised world the part of the oppressed nation, seems to me to be insanity. I strongly urge the Government not to persist in their resistance to this Amendment. I hope that the House of Lords, if we are unwise enough to disagree with them, will insist upon their Amendment, and that the Government will either lose their Bill or be obliged to give way. I should have no fears if they lost their Bill, but we ought, in this important matter, to proceed on principle, and treat the Irish with a proper conception of their constitutional self-respect. We ought, therefore, to submit the Bill to their consent before bringing it into action. It is lamentable that this House, engaging in disagreement with the other House of Parliament, should be so very thinly attended. Our Parliamentary system shows at its very worst when there is a matter of very great importance under discussion, when the two Houses are likely to disagree, and when we have an attendance of this kind. The authority of the Government, of course, is very great, and that authority will be behind this decision. But it cannot be said that anything besides the authority of the Government will be behind any decision the present House of Commons may take.
I wish to intervene to say one or two words with reference to the attitude of the Noble Lord (Lord H. Cecil). If one were a student of modern affairs, one would find a strange spectacle presented. Here is a Noble Lord belonging to an old Conservative family, whose whole traditions have been associated with Conservatism and Unionism, and yet what a strange spectacle that when he comes here with some hope in his heart and with some desire to prevent the humiliation of Ireland—because that is what is intended by the proposals in this Bill—this is an empty House without a single Liberal belonging to the Coalition party, and the only voice to express the Gladstonian tradition is that of a son of the late Lord Salisbury. If I were to sit here and watch this spectacle from a detached point of view, I should say how degraded has become Liberalism and the representation of Liberalism, as we understand it, on those Benches. The speech of the Noble Lord, and many other speeches which he has delivered, and the speeches of many public-spirited and unselfish Conservatives who see beyond the political advantages of the moment, ought to make men reflect in this country. The degradation of the Coali- tion Government, by which men's consciences and convictions are subordinated to political expediency and to place and power, is a spectacle that is bringing England as low in moral character as she has been dragged to national bankruptcy.
The hon. and gallant Gentleman (Lieut.-Commander Kenworthy) told us about his Egyptian friend who gave him to understand that he could not swallow the oath of allegiance. But, after all, this Bill is not supposed to break up the Union. We are still going to have hon. Members from the North and South of Ireland sitting in this House. There is no proposal before the House that I know of to introduce Egyptian members. Therefore, any Gentleman who is elected for the Irish Parliament and will not take the Oath of Allegiance obviously will not work the Bill. I am very sorry the Government ran away on Report from one of their own Amendments. They had an Amendment down which proposed to enact that before a gentleman proceeded to election he should have to take the Oath of Allegiance. If they had stuck to their Amendment we should have had elections in the North and South of Ireland. Those elections are going to be under a system of proportional representation. Therefore, we Unionists in the South of Ireland would have put up our panel, and the Nationalists would have put up their panel as well, and the Sinn Fein party would have put up their panel. Their panel would not have been elected for the simple reason that when it came to taking the prescribed Oath their members would not take it, and therefore they would be ruled out. Our two panels would have been elected.
We really must not discuss an Amendment that was not moved. We are limited to the Lords Amendment or the Clause as it was sent up to them. The question is the alternative between this new Clause proposed' by the other House and Clause 70 as we sent it up to them.
Should I not be in order in explaining how I want to vote on this Amendment? If we had had that we should then have had a Parliament elected. It might have had to be upheld by British bayonets, but eventually it would have worn down opposi tion, and that would have been the best thing that could happen to us. As it is, we are faced with these two alternatives. I am in a great difficulty to decide which I like least. I do not like either of them. I regret very much that if we should have an election in the South of Ireland we should have a great many people returned who will not take their seats—we should have an abortive election and Crown Colony Government. 1 have a suggestion to make. I think the other place made a mistake in putting it on to the Members who will be elected for constituencies in the South of Ireland. If they had put it on to people like the chairmen of county councils— supposing they had been asked to decide on this point, that would have been far better than putting it on to these members, many of whom are in prison now and have suffered great dangers. From their point of view they have been persecuted, and they are not the best tribunal to decide whether Southern Ireland is to have its Parliament. If it had been put on to members and the chairmen of county councils, we know in the case of Galway and other county councils, which are weakening in their opposition to the proposals of the Bill, it would have been a far better provision than that of the other place or that proposed by the Government in their revised Clause 70.
There is one point I should like the Minister to clear up in connection with this suggested Amendment of the Lords. It seems to me there is a great danger of this whole Irish question coming into British party politics again. Consider what will happen. It seems to me it will directly prejudice either Parliament if it accepts the proposals in this Bill. If, for instance, let us say, the Northern Parliament accepts it, then its representation in this Imperial House is cut down. It falls to thirteen Members. If it is left to the discretion of the Members of the Southern House to postpone the appointed day by a refusal to operate it, they have still got their large block of Members who, if a narrow margin were returned to the House at the General Election, could swing the majority one way or the other, while the Ulster Members who had accepted the Bill might have, relatively speaking, a trivial number of Members to vote against them. It might vastly exaggerate the disproportion of the proportionate over representation of Ireland. I thoroughly agree with the hon. Member who spoke from this Bench a few minutes ago, that the door should not be closed to negotiations with the elected Members of the Southern Irish Parliament—the Sinn Fein Irish Members—but to leave it entirely in their hands to postpone the appointed day by a new refusal to operate the Act, seems to me to prejudice the question of Ulster accepting the Act, because by accepting it Ulster would be limiting its own representation in this House, and thereby weakening its position if propoals were brought in in some subsequent Parliament, let us say, with a vastly increased Labour majority, proposals which they would regard as revolutionary, and as overriding their rights and liberties inside Ulster. I think the Minister would do well to resist the Amendment, but I wish he would inform us whether or not there is any other method by which he proposes to keep in touch with the elected Sinn Fein Members, who, after all, are all this time more or less the standard bearers in the South of Ireland of what they regard as their cause, and who I find it very difficult to believe will be thrown over by Sinn Fein or by the South of Ireland in favour of any such suggestion as was made from the other side, ' of chairmen of county councils or the like. I should be glad if the Minister could clear up this small practical point.
I agree with the Noble Lord in thinking this is not a question which affects the North of Ire land, because I take it as certain that, whoever has the decision as to whether the Northern Parliament comes into existence or not, the decision will be that it shall come into existence. But as regards the Southern Parliament, there is undoubtedly a doubt, and the question we have to consider is to whom the decision should be left as to whether that Southern Parliament should come into existence or not. The proposal in the Bill appears to me to be a perfectly reasonable, democratic proposal. As the Bill left the House we leave it to the inhabitants and the voters of Southern Ireland to say whether they will elect Members to serve in the Southern Parlia- ment, and if they elect the Members and those Members take 'the Oath of Allegiance, as, of course, they must unless they are to be rebels, the Parliament comes into existence. In other words, the Bill gives complete power to the electors of Southern Ireland to say whether the Southern Parliament should come into existence or not. I cannot conceive of anything more reasonable. The proposal in the Amendment is almost the wildest proposition that ever entered into the brain of man. You are to take the Sinn Fein Members, who have been cleeted as republicans and ever since have acted as republicans, and have declared their hostility to this country, and leave them to decide whether the Southern Parliament is to come into existence or not. But that is not all. These gentlemen were elected at a time when no question at all arose about this Parliament. They never considered this question, and it is now to be submitted to them as if they were the only tribunal. Further, they have not the smallest conception of what this Bill is. They have never come here to discuss it or given their views about it, and they are as ignorant of the nature of the Bill as the most ignorant person in the street. To leave these men, who have no authority from the people, to decide this question of which they know nothing, is a wild proposal. I trust that the House will have nothing to do with it, but will revert to the original proposal of the Bill and leave it to the voters themselves to say whether they will operate this Parliament.
The proposal which my hon. and learned Friend describes as wild is the very proposal, which, in principle at any rate, the Prime Minister adopted on behalf, presumably, of a united Government on Friday last. It was that the elected representatives of Ireland who have not taken the oath of allegiance and cannot be called in the full sense Members of this House, should be consulted as to the general condition of Ireland, and particularly with regard to the future form of government in Ireland. That step was taken with the greatest deliberation, and, judging by the reception given by Members of this House, it received full and general approval. I do not know whether my hon. and learned Friend dissents from it.
It is an entirely different proposal and has nothing to do with this, and therefore I do not express any opinion upon it.
In form, it is not exactly the same thing, but the principle is exactly the same. The proposal from another place is that these same men in similar condition should be asked not by the Government, but by the Speaker of this House to let him know whether they are prepared to take any part in the working of this Bill when it becomes an Act. Where is the difference of principle? There is absolutely none. Further, the proposal is that there should be after that
an interval of two months, as meantime there might be further developments in which a change of mind might be effected. I cannot imagine, in the most regrettable conditions in which we are living as regards our relations with Ireland, anything more sensible and more sane than, before plunging the vast majority of the population of Ireland under Crown Colony Government, to exhaust every possible means of avoiding that unmitigated disaster, as it must be. So far as I am concerned, I will go into the Division Lobby in support of this Amendment.
Question put, "That this House doth disagree with the Lords in the said Amendment."
The House divided: Ayes, 137; Noes, 18.
Division No. 413.] AYES. [9.0 p.m. Adair, Rear-Admiral Thomas B. S. Fraser, Major Sir Keith Parker, James Addison, Rt. Hon. Dr. C. Fremantle, Lieut.-Colonel Francis E. Parry, Lieut.-Colonel Thomas Henry Archdale, Edward Mervyn Gange, E. Stanley Pease, Rt. Hon. Herbert Pike Atkey, A. R. Ganzoni, Captain Francis John c. Perring, William George Baird, Sir John Lawrence Gibbs, Colonel George Abraham Pratt, John William Baldwin, Rt. Hon. Stanley Gilmour, Lieut.-Colonel John Purchase, H. G. Balfour, George (Hampstead) Gregory, Holman Raeburn, Sir William H. Barlow, Sir Montague Gritten, W. G. Howard Ramsden, G. T. Barnett, Major R. W. Hambro, Captain Angus Valdemar Rawlinson, John Frederick Peel Barnston, Major Harry Hamilton, Major C. G. C. Rees, Capt. J. Tudor- (Barnstaple) Barrand, A. R. Harmsworth, C. B. (Bedford, Luton) Reid, D. D. Barton, Sir William (Oldham) Harris, Sir Henry Percy Sanders, Colonel Sir Robert A. Betterton, Henry B. Henry, Denis S. (Londonderry, S.) Scott, A. M. (Glasgow, Bridgeton) Birchall, Major J. Dearman Herbert Dennis (Hertford, Watford) Seager, Sir William Blake, Sir Francis Douglas Hilder, Lieut.-Colonel Frank Seddon, J. A. Borwick, Major G. O. Hood, Joseph Shaw, Hon. Alex. (Kilmarnock) Bowyer, Captain G. E. W. Hope, James F. (Sheffield, Central) Shortt, Rt. Hon. E. (N'castle-on-T.) Breese, Major Charles E. Hurd, Percy A. Stanton, Charles B. Bridgeman, William Clive Inskip, Thomas Walker H. Stephenson, Lieut.-Colonel H. K. Bruton, Sir James Jodrell, Neville Paul Strauss, Edward Anthony Bull, Rt. Hon. Sir William James Johnson, Sir Stanley Sturrock, J. Leng Burn, T. H. (Belfast, St. Anne's) Jones, J. T. (Carmarthen, Lianelly) Sutherland, Sir William Butcher, Sir John George King, Captain Henry Douglas Taylor, J. Campion, Lieut.-Colonel W. R. Lewis, Rt. Hon. J. H. (Univ., Wales) Thomson, F. C. (Aberdeen, South) Carson, Rt. Hon. Sir Edward H. Lloyd, George Butler Thomson, Sir W. Mitchell- (Maryhill) Casey, T. W. Lloyd-Greame, Major Sir P. Walters, Rt. Hon. Sir John Tudor Cohen, Major J. Brunel Lonsdale, James Rolston Ward, Col. J. (Stoke upon Trent) Colvin, Brig.-General Richard Beale Lorden, John William Warren, Lieut.-Col. Sir Alfred H. Coote, William (Tyrone, South) Loseby, Captain C. E. Watson, Captain John Bertrand Cope, Major Wm. Lynn, R. J. Whitla, Sir William Craig, Capt. C. C. (Antrim, South) Macdonald, Rt. Hon. John Murray Wild, Sir Ernest Edward Craig, Colonel Sir J. (Down, Mid.) McNeill, Ronald (Kent, Canterbury) Williams, Lt.-Com. C. (Tavistock) Craik, Rt. Hon. Sir Henry Malone, Major P. B. (Tottenham, S.) Williams, Lt.-Col. Sir R. (Banbury) Davidson, J. C. C.(Hemel Hempstead) Marks Sir George Croydon Wills, Lieut.-Colonel Sir Gilbert Davies, Thomas (Cirencester) Martin, Captain A. E. Wilson, Daniel M. (Down, West) Dean, Lieut.-Commander P. T. Mason, Robert Wilson, Colonel Leslie O. (Reading) Denniss, Edmund R. B. (Oldham) Mitchell, William Lane Wilson-Fox, Henry Dixon, Captain Herbert Moles, Thomas Wood, Sir H. K. (Woolwich, West) Donald, Thompson Molson, Major John Elsdale Worthington-Evans, Rt. Hon. Sir L. Edge, Captain William Munro, Rt. Hon. Robert Yeo, Sir Alfred William Edwards, Major J. (Aberavon) Murray, John (Leeds, West) Young, W. (Perth & Kinross, Perth) Elliot, Capt. Walter E. (Lanark) Neal, Arthur Younger, Sir George Elliott, Lt.-Col. Sir G. (Islington, W.) Newman, Colonel J. R. P. (Finchley) Eyres-Monsell, Commander B. M. Newman, Sir R. H. S. D. L. (Exeter) TELLERS FOR THE AYES.— Farquharson, Major A. C. Norris, Colonel Sir Henry G. Lord Edmund Talbot and Captain Guest. Ford, Patrick Johnston Oman, Sir Charles William C. Foreman, Henry O'Neill, Major Hon. Robert W. H.
NOES. Ashley, Colonel Wilfrid W. Hayward, Major Evan Newbould, Alfred Ernest Briant, Frank Hodge, Rt. Hon. John Thorne, G. R. (Wolverhampton, E.) Cecil, Rt. Hon. Lord H. (Ox. univ.) Johnstone, Joseph White, Charles F. (Derby, Western) Cowan, D. M. (Scottish Universities) Kenworthy, Lieut.-Commander J. M. Wood, Major M. M. (Aberdeen, C) Entwistle, Major C. F. Kenyon, Barnet TELLERS FOR THE NOES.— Graham, W. (Edinburgh, Central) Maclean, Rt. Hon. Sir D. (Midlothian) Mr. A. Williams and Mr. Wintringham. Hancock, John George Murray, Dr. D. (Inverness & Ross)
CLAUSE 70.:—(Provisions applicable in case of either House of Commons not being properly constituted.)
(1) If the Lord Lieutenant certifies that the number of Members of the House of Commons of Southern Ireland or Northern Ireland validly returned at the first election of Members of the Parliament of Southern Ireland or Northern Ireland is less than half the total number of Members of that House, or that the number of Members of the House of Commons of Southern Ireland or Northern Ireland who have taken the oath as such Members within fourteen days from the date on which the Parliament of Southern Ireland or Northern Ireland is first summoned to meet is less than one-half of the total number of Members of that House, His Majesty in Council may, by Order, provide—
(a) for the dissolution of the Parliament of Southern Ireland or Northern Ireland, as the case may be, and for postponing the issue of a Proclamation for summoning a new Parliament for such time as may be specified in the Order;
(b) for the exercise in the meantime of the powers of the Government of Southern Ireland or Northern Ireland, as the case may be, by the Lord Lieutenant, with the assistance of a committee consisting of such persons (who shall be Members of the Privy Council of Ireland) as His Majesty may appoint for the purpose, and of the powers of the Parliament of Southern Ireland or Northern Ireland, as the case may be, by a legislative assembly consisting of the members of the said committee, together with such other persons as His Majesty may appoint for the purpose;
and the Order may make such modifications in this Act in its application to the part of Ireland affected as may appear to His Majesty to be necessary for giving effect to the Order, and may contain such other consequential, incidental, and supplemental provisions as may appear necessary for the purposes of the Order, and any such Order shall have effect as if enacted in this Act, but may be varied by any subsequent Order in Council.
(2) The person holding office in the House of Commons of Southern Ireland and of Northern Ireland corresponding to the office of Speaker of the House of Commons of the United Kingdom shall, at the expiration of the said period of fourteen days from the date on which the Parliament of Southern Ireland or Northern Ireland, as the case may be, is first summoned to meet, send to the Lord Lieutenant a list containing the names of the Members of the House who have taken the oath as such Members, and for the purposes of this Section a Member shall be deemed not to have taken that oath unless his name is included in a list so sent.
(3) Where at the expiration of the period mentioned in any such Order in Council a Proclamation is issued summoning a new Parliament to meet this Section shall apply in like manner as it applies in the case of the first election and first summoning of Parliament.
Lords Amendment:
Leave out the Clause.
Motion made, and Question, "That this House doth disagree with the Lords in the said Amendment," put, and agreed to.
I beg to move, in Sub-section (1), after the word "Order" ["effect to the Order and may contain such"], to insert the words
"and for making the provisions of this Act (including provisions as to the Council of Ireland) operative in all respects in that part of Ireland."
The object of this Amendment is to remove any doubt there might be as to the powers of a body set up by the Lord Lieutenant under Clause 70 for the purpose of appointing the Council of Ireland.
Amendment agreed to.
CLAUSE 71.—(Commencement of Act and appointed day.)
(1) This Act shall, except as expressly provided, come into operation on the appointed day, and the appointed day for the purposes of this Act shall be the first Tuesday in the eighth month after the month in which this Act is passed, or such other day not more than seven months earlier or later, as may be fixed by Order of His Majesty in Council either generally or with reference to any particular provision of this Act, and different days may be appointed for different purposes and different provisions of this Act, but the Parliaments of Southern and Northern Ireland shall be summoned to meet not later than four months after the said Tuesday, and the appointed day for holding elections for the House of Commons of Southern and Northern Ireland shall be fixed accordingly:
Provided that the appointed day as respects the transfer of any service may, at the joint request of the Governments of Southern Ireland and Northern Ireland, be fixed at a date later than seven months after the said Tuesday, and that the appointed day as respects the provisions relating to the representation of Ireland in the House of Commons of the United Kingdom shall be a day not earlier than the day on which the Parliament of the United Kingdom is next dissolved after the passing of this Act.
Lords Amendment:
In Sub-section (1), leave out the words
"and the appointed day for the purposes of this Act shall be the first Tuesday in the eighth month after the month in which this Act is passed, or such other day not more than seven months earlier or later, as may be fixed by Order of His Majesty in Council either generally or with reference to any particular provision of this Act, and different days may be appointed for different purposes and different provisions of this Act, but the Parliaments of Southern and Northern Ireland shall be summoned to meet not later than four months after the said Tuesday, and the appointed day for holding elections for the House of Commons of Southern and Northern Ireland shall be fixed accordingly:
Provided that the appointed day as respects the transfer of any service may, at the joint request of the Governments of Southern Ireland and Northern Ireland, be fixed at a date later than seven months after the said Tuesday and that the appointed day as respects the provisions relating to the representation of Ireland in the House of Commons of the United Kingdom shall be a day not earlier than the day on which the Parliament of the United Kingdom is next dissolved after the passing of this Act,"
and insert new Sub-sections—
(2) With the intent that the Parliaments of Southern Ireland and Northern Ireland shall not be established until the Parliament of the United Kingdom is satisfied that the authority of His Majesty the King in Southern Ireland and in Northern Ireland respectively, and the protection in their rights and liberties of all persons in Southern Ireland and Northern Ireland respectively are fully assured and that otherwise it is expedient that the said Parliaments, or either of them, should be established in Ireland, the appointed day for the purposes of this Act shall be such day as regards Southern Ireland and such day as regards Northern Ireland as may be respectively fixed by a resolution or resolutions, as the case may be, passed by both Houses of Parliament of the United Kingdom, and by such resolution different days may be appointed for different purposes and different provisions of this Act in its application to the part of Ireland affected by the resolution.
(3) In the event of the appointed day being fixed for Southern Ireland only, or for Northern Ireland only, or being fixed at different times by different resolutions under this Section, His Majesty may, by Order in Council, make such modifications in the provisions of this Act in its application to the part of Ireland affected by a resolution under this Section as may appear to His Majesty to be necessary for giving effect to the said provisions in such part, and such Order may contain such other consequential, incidental and supplemental provisions as may appear necessary for the purposes of the Order, and any such Order shall have effect as if enacted in this Act, but may be varied by any subsequent Order in Council.
(4) Before any Order under this Section is submitted to His Majesty in Council a draft thereof shall be laid before both Houses of the Parliament of the United Kingdom, and, if an address is presented to His Majesty by either of those Houses within thirty days on which that House has sat next after any such draft is laid before it against such draft or any part thereof, no further proceedings shall be taken on the draft or the part thereof to which the address relates; but this provision shall be without prejudice to the making of a new draft.
I beg to move, "That this House doth disagree with the Lords in the said Amendment.
The effect of the Amendment would be this: Assuming the Bill to be passed, it is not to come into force until, both in the case of Northern and Southern Ireland, the time for its coming into force is fixed by a Resolution or by Resolutions by both Houses of Parliament of the United Kingdom, and it enables the Houses of Parliament to fix different days for different purposes. The result would be that, although the Bill has passed, before it can come into operation it must get a Second Reading again in both Houses. That would postpone the opening of the Northern or Southern Parliament for what might be an indefinite period.
I do not think the learned Attorney-General has correctly represented the effect of the Amendment. Everybody recognises that there is a very serious difficulty in connection with the setting up of a Parliament in the South of Ireland. As to that we are faced with this situation now. You have martial law proclaimed over several counties, you have that martial law based on recognition of a state of insurrection; you have disorders and disturbances in other parts of Ireland. I do not think it can be con tended that anything like a free election could take place. What are you to do? Are you to leave it entirely to the Government to decide whether it is proper to set up the Parliament of Southern Ire land, when the condition of tranquillity is such that a free and genuine election can be held and there is no intention of using the new machinery for the purposes of treasonable secession or for the encouragement of murder and such things? You must give the discretion to someone. The Government, no doubt, have a considerable discretion left in their own hands. There is first a period of eight months, and then another period of seven months, but who is to tell, first, whether the Government will exercise their discretion wisely, and, secondly, when the fifteen months have expired, whether the condition of Ireland will be suitable for the election of a Parliament? Is it unreasonable to say that so important a decision should be taken, not by the Government but by the two Houses? Both Houses have acted very fairly to this Bill. No one has expressed much enthusiasm for it in either House, but the Government have passed it without anything resembling factious or unreasonable opposition. There is not the slightest probability that in either House there would be any disposition to act unreasonably.
It is unreasonable that before you found a representative institution in a part of the country where a state of insurrection now exists, and where there is martial law, both Houses should express the opinion that tranquillity has been restored? The decision is one which Parliament ought to make. They are the supreme authority. If the Government refuses this Amendment and sends it back to the House of Lords, what can be their motive? Do they wish, in defiance of the opinion of either House, to set up this Parliament in Southern Ireland with the country in its present condition, or as it may be some months hence? They have already rejected any machinery for preliminary consent, and they do not want now the leave of the two Houses of Parliament here. We are in an astonishing position. The actual setting up of the Parliament in Southern Ireland is to rest neither on the authority of the two Houses of Parliament here, nor on the authority of the Irish people; it is to rest purely on the exercise of ministerial discretion. That is made all the more inappropriate by the decision of the Government to conduct negotiations with a view to the possibility of some amending Bill. How immensely wiser it would be to have machinery by which this Bill could be held up, supposing there is prospect of a better arrangement by reason of the negotiations. Personally, I do not believe in the machinery of the Bill at all. I do not believe in the form of Crown Colony government which you are to set up as the alternative to the Bill in Southern Ireland. I think it would be far better to hold up this Bill in Southern Ireland, and to retain the -existing government under the Union and this House until you can carry out your experiment. I am not a Home Ruler, and do not agree with Home Rule; but I understand the point of view of those who say that the present system does not work, and that we should give the Irish what they ask. My position is that in the circumstances of the case the government of a united parliament is the best, but I do not understand the position of those who would destroy the government of a united parliament, not to set up what the Irish want or what they consent to, but to set up Crown Colony government.
May I say how entirely I agree with the remark of the Noble Lord? Like him, I am a convinced supporter of the Union, and shall always remain so. I think that Ireland is far better off under the present system than she would be under any Home Rule Act that is likely to come into operation in our lifetime, but as we are in a minority, and as some Home Rule Bill is shortly to be put on the Statute Book, it seems to me that the two Houses, having decided what form the Home Rule Bill should take, those Houses, in the conditions now prevailing, should decide when it shall come into operation, and not the Government of the day. It may possibly be not this Government, but some other Government. No Government ought to have in their sole discretion the decision on so important a subject. This is not an ordinary Bill which you can say should come into operation in six months' time or at once. It is a Bill of very far-reaching and grave importance to the whole future of this community, and not only the actual provisions of the Bill, but the time at which it is to come into operation. I do not discuss the question of Northern Ireland. It could come into operation there as soon as may be, and I am sure both Houses would pass resolutions putting it into operation in the North, but no sane person would dream of putting it into operation at the present time in Southern Ireland. Parliament in this matter seems to me to have a double responsibility. It has to decide what the provisions ought to be, and also when it is safe and desirable to put the Bill into operation. I am not content to leave that question of date to the unfettered discretion of the Government. I feel I should like to have a part, however small, in discussing when the Bill should come into operation. Therefore I entirely agree with my Noble Friend. I do not say that the machinery here is ideal, but some machinery ought to be devised whereby Parliament itself should have a say as to the date when this Bill should come into operation in Southern Ireland.
I agree with my Noble Friend further in thinking that it would be a calamity if this country is forced to have Crown Colony government in the South of Ireland. Southern Ireland at present has the opportunity if it chooses to exercise it, and which it does in certain cases, of sending representatives here who are on an equality with all other Members and can discuss the affairs of the United Kingdom the same as any other Members. It would be a thousand pities if we are forced to take that power away and to prevent a man from coming here if he chooses to take the oath and be a loyal subject of the King. I earnestly press upon the Government that they should not hastily rush us into Crown Colony government. If it is left to the discretion of these two Houses we should probably find that the Bill for Southern Ireland was hung up until Ireland was fit to receive it, and we should thereby avoid, what I am most anxious to escape, namely, Crown Colony government in that country, because it would be bad for this country, bad for Southern Ireland, and not very good for the British Empire in any part of the world.
I really think it is not necessary for me to repeat that if we had our choice we would preserve the Union. I certainly have never in the least degree altered my opinion on that point, and I think all the experience of recent years has gone to confirm us in our opinion. But unfortunately, from our point of view, the only question we now have to decide is not whether there is to be Home Rule, but what particular sort of Home Rule we have got to submit to. I quite agree with my two hon. Friends who have just spoken that Crown Colony is a very objectionable form of government to introduce in any part of Ireland. If you start from the premise that you have got to set up some sort of Home Rule in Ireland we all know from our knowledge of what is going on in a large part of Ireland that the moment we do so we are in danger of having a policy declared which no party in this country is willing to accept. If you accept this premise then it seems to me you must have some such provision as there is in the Bill to deal with those circumstances. The question is whether the method in the Bill is not better than the Amendment which has been suggested in another place. I should like to call the attention of the House to what exactly would be the effect if this Amendment were put in the Bill. First of all a state of affairs has got to be brought about so that we have to be satisfied, or somebody has to be satisfied, of two things, namely, that the authority of His Majesty is assured, and, secondly, that the protection of the rights and liberties of all persons is fully assured. I cannot recall myself, with some study of Irish history, that there has been any period since that of Strongbow when those two conditions could be said to have been fully satisfied. If that were put in the statute we might just as well say at once that there is to be no Home Rule at all. I would like that if it were possible, but I do not think it is.
Secondly, what is the authority that has to be satisfied as to those conditions? It is the Parliament of the United Kingdom, or, in other words, this House and the House on the other side of the Lobby. It is quite possible that on the question as to whether His Majesty's authority was now fully assured, and all persons assured of protection in their rights and liberties that this House might give one answer and the other House another. There is no provision in the Amendment for dealing with a situation of that kind. I do not know whether it is suggested that the Parliament Act should apply, but it is quite clear that differences of opinion between the two Houses might hold up the grant of these powers, even when in the opinion of one or other House these ideal conditions were satisfied. Therefore it appears to me that for dealing with what is an abnormal condition of affairs this proposal is utterly impracticable. I cannot see how it would be possible for a body like Parliament at all to have that intimate knowledge of the conditions in Ireland so as to be able to say that the authority of His Majesty was fully assured, and that all persons were assured of protection in their rights and liberties. Parliament in these matters is entirely dependent for its information on two sources, on the Press and on the information it may get from the Government. We all of us know that the information derived from the Press is not always scrupulously accurate, and I am not always satisfied with the information we get from questions to the Front Bench.
Hear hear!
I notice my hon. Friend agrees with that. Therefore I cannot imagine how this House is ever going to get the information which would enable it to fulfil its duty under this Clause if it were put in the Act, and 1 think that the Amendment is impracticable. Though I sympathise with the object it has in view, I certainly think that the Government would do well to disagree with this Amendment.
There are some opening words in this Amendment which perhaps do not fit in entirely with what some colleagues of mine and I myself would like to see there. That is the suggestion that order should be fully established before any any remedial measures come into operation. The view we hold, and, I think, the view which on consideration most Members of this House will hold, is that the way to re-establish order is to start your remedy before you have actually got surface-quiet, so to speak. It is no use a doctor waiting to apply his remedy until the patient is well. If you want to get the patient well, start with your remedy. But, subject to that, I find a very considerable measure of agreement with another place in the proposal which they make here. The main reason is one regarding which I regret to find myself at difference with my hon. Friend who has just spoken. He would rather trust to the Executive of the day as to putting into force the Clauses of the Act under the difficult conditions which the very essence of this Amendment pre-supposes. I would like to carry him with me in this, and I think on consideration I would get him to agree with me. There is in Parliament—and when I say Parliament, I mean both Houses of Parliament—there is in this Parliament, however constituted, whatever the majorities may be, large or small, and whatever the personnel of the Executive may be—all history has shown that there is resident permanently in the Parliament of this country a reserve of good common sense, and of inherited and intuitive states- manship which no other representative institution in the world possesses. Under the conditions which this Amendment pre-supposes, which would I rather have brought into play, and which would my hon. Friend have brought into play —the decision of the Executive of the. day without any reference to either House of Parliament, or the considered judgment of both Houses constituting our Parliament? I have not the slightest hesitation in the choice I would make. The choice I would make is the choice which is made here, and I am very glad to acknowledge that fact. It seems to me to show a real sincere deep desire on the part of another place to find a solution for this age-long problem which I gladly acknowledge in the fullest way to be present there in a larger measure indeed, in some respects, than it is present in this House. I regret to say that. Whatever may be the reason for it, they seem to have approached the discussion of this problem in a broader and wider spirit than we have, and I take my own share of the fault. I speak quite frankly. I think myself, it would have been better, speaking entirely for myself, if I had taken, for as much as my poor abilities are worth, a more persistent part in the discussion of this measure when it was going through the House. But here is an opportunity devised by another place, which provides that before Ireland is flung once again into the seething cauldron of disorder and negation of government—because that is what it is—there should be an opportunity given to this Parliament, as distinguished from the Executive of the day, to reconsider the situation.
No, no.
Yes, that is the distinction.
I think the right hon. Gentleman has misunderstood the Bill. The Bill deals, not with the question of opinion, but with the question of fact, and the Executive merely registers the fact.
What happens in Sub-section (4)? Before the Order is approved the draft shall be laid before both Houses of Parliament. That is the invitation, and we Members of the House of Commons and the Members of Parliament in another place have a solemn formal opportunity of re-discussing at the critical moment, at what would probably be another crisis in the history of Ireland, what action should be taken. That is what it really amounts to. It is too late now to ask the Executive to change their mind in regard to this, but I venture to think that, if they had taken into careful consideration the arguments which have been laid down before the House to-day by both the Noble Lord (Lord Hugh Cecil) and the hon. and gallant Member (Lieut.-Colonel W. Guinness) who spoke
on the other side, they would have taken longer pause before they came to the decision which they have. I have nothing more to add except to say that, in spite of the preamble which I have indicated, I shall again feel it my duty to go into the Lobby against the decision of the Government to disagree with the Amendment.
Question put, "That this House doth disagree with the Lords in the said Amendment."
The House divided: Ayes, 148; Noes, 19.
Division No. 414.] AYES. [9.33 p.m. Adair, Rear-Admiral Thomas B. S. Gange, E. Stanley Pease, Rt. Hon. Herbert Pike Addison, Rt. Hon. Dr. C. Ganzoni, Captain Francis John C. Perring, William George Agg-Gardner, Sir James Tynte Gibbs, Colonel George Abraham Pollock, Sir Ernest M Archdale, Edward Mervyn Gilmour, Lieut-Colonel John Pratt, John William Baird, Sir John Lawrence Gregory, Holman Preston, W. R. Baldwin, Rt. Hon. Stanley Gritten, W. G. Howard Purchase, H. G. Barlow, Sir Montague Guest, Capt. Rt. Hon. Frederick E. Rae, H. Norman Barnett, Major R. W. Hacking, Captain Douglas H. Ramsden, G. T. Barnston, Major Harry Hambro, Captain Angus Valdemar Rankin, Captain James S. Barton, Sir William (Oldham) Hamilton, Major C. G. C. Rees, Sir J. D. (Nottingham, East) Bell, Lieut.-Col. W. C. H. (Devizes) Harmsworth, C. B. (Bedford, Luton) Reid, D. D. Betterton, Henry B. Harris, Sir Henry Percy Robinson, Sir T. (Lancs., Stretford) Birchall, Major J. Dearman Henry, Denis S. (Londonderry, S.) Royds, Lieut.-Colonel Edmund Blake, Sir Francis Douglas Herbert, Dennis (Hertford, Watford) Scott, A. M. (Glasgow, Bridgeton) Borwick, Major G. O. Hewart, Rt. Hon. Sir Gordon Seager, Sir William Bowyer, Captain G. E. W. Hilder, Lieut.-Colonel Frank Shaw, Hon. Alex. (Kilmarnock) Breese, Major Charles E. Hood, Joseph Shortt, Rt. Hon. E. (N'castle-on-T.) Bridgeman, William Clive Hope, James F. (Sheffield, Central) Stanton, Charles B. Bruton, Sir James Hunter, General Sir A. (Lancaster) Stephenson, Lieut.-Colonel H. K. Bull, Rt. Hon. Sir William James Hurd, Percy A. Stewart, Gershom Burn, T. H. (Belfast, St. Anne's) Inskip, Thomas Walker H. Strauss, Edward Anthony Butcher, Sir John George Jodrell, Neville Paul Sturrock, J. Leng Campion, Lieut.-Colonel W. R. Johnson, Sir Stanley Sutherland, Sir William Carson, Rt. Hon. Sir Edward H. Jones, G. W. H. (Stoke Newington) Talbot, Rt. Hon. Lord E. (Chich'st'r) Casey, T. W. Jones, J. T. (Carmarthen, Lianelly) Taylor, J. Cautley, Henry S. Kellaway, Rt. Hon. Fredk. George Thomson, F. C. (Aberdeen, South) Coats, Sir Stuart King, Captain Henry Douglas Thomson, Sir W. Mitchell- (Maryhill) Cohen, Major J. Brunel Lewis, Rt. Hon. J. H. (Univ., Wales) Townley, Maximilian G. Colvin, Brig.-General Richard Beale Lloyd, George Butler Walters, Rt. Hon. Sir John Tudor Coote, William (Tyrone, South) Lonsdale, James Rolston Ward, Col. J. (Stoke-upon-Trent) Cope, Major Wm. Lorden, John William Warren, Lieut.-Col, Sir Alfred H. Cory, Sir J. H. (Cardiff, South) Loseby, Captain C. E. Watson, Captain John Bertrand Cowan, D, M. (Scottish Universities) Lynn, R. J. Whitla, Sir William Craig, Capt. C. C. (Antrim, South) Macdonald, Rt. Hon. John Murray Wild, Sir Ernest Edward Craig, Colonel Sir J. (Down, Mid) McNeill, Ronald (Kent, Canterbury) Williams, Lt.-Com. C. (Tavistock) Davidson, J.C.C.(Hemel Hempstead) Marks, Sir George Croydon Williams, Lt.-Col. Sir R. (Banbury) Davies, Thomas (Cirencester) Marriott, John Arthur Ransome Wills, Lieut.-Colonel Sir Gilbert Dean, Lieut.-Commander P. T. Martin, Captain A. E. Wilson, Daniel M. (Down, West) Dixon, Captain Herbert Mason, Robert Wilson, Colonel Leslie O. (Reading) Donald, Thompson Matthews, David Wilson-Fox, Henry Edge, Captain William Mitchell, William Lane Wood, Sir H. K. (Woolwich, West) Edwards, Major J. (Aberavon) Moles, Thomas Wood, Sir J. (Stalybridge & Hyde) Edwards, Hugh (Glam., Neath) Molson, Major John Elsdale Worthington-Evans, Rt. Hon. Sir L. Elliot, Capt. Walter E. (Lanark) Munro, Rt. Hon. Robert Yeo, Sir Alfred William Elliott, Lt.-Col. Sir G. (Islington, W.) Murray, John (Leeds, West) Young, W. (Perth & Kinross, Perth) Eyres-Monsell, Commander B. M. Neal, Arthur Younger, Sir George Farquharson, Major A. C. Newman, Colonel J. R. P. (Finchley) Ford, Patrick Johnston Newman, Sir R. H. S. D. L. (Exeter) TELLERS FOR THE AYES.— Foreman, Henry Norris, Colonel Sir Henry G. Colonel Sir R. Sanders and Mr. Parker. Fraser, Major Sir Keith O'Neill, Major Hon. Robert W. H. Fremantle, Lieut.-Colonel Francis E. Parry, Lieut.-Colonel Thomas Henry
NOES. Ashley, Colonel Wilfrid W. Hogge, James Myles White, Charles F. (Derby, Western) Banbury, Rt. Hon. Sir Frederick G. Johnstone, Joseph Wintringham, T. Bentinck, Lord Henry Cavendish Kenworthy, Lieut.-Commander J. M. Wood, Major M. M. (Aberdeen, C.) Briant, Frank Kenyon, Barnet Burdett-Coutts, William Maclean, Rt. Hon. Sir D. (Midlothian) TELLERS FOR THE NOES — Entwistle, Major C. F. Murray, Dr. D. (Inverness & Ross) Lord Hugh Cecil and Mr. A. Williams. Hancock, John George Newbould, Alfred Ernest Hayward, Major Evan Thome, G. R. (Wolverhampton, E.)
CLAUSE 74.—{Short title and repeal.)
(2) The Government of Ireland Act, 1914, is hereby repealed.
Lords Amendment:
After the word "repealed," insert "as from the passing of this Act."
Agreed to.
Lords Amendment:
First Schedule
PROCEDURE OF THE COUNCIL OF IRELAND IN RELATION TO THEIR POWERS OF PRIVATE BILL LEGISLATION.
PART II. Nominated Senators. — Number of Senators. Representatives of Commerce (including Banking), Labour, and the Scientific and Learned Professions to be nominated by the Lord Lieutenant. 17
PART III. ELECTED SENATORS. Description of Senators. Number of Senators Electors. Archbishops or Bishops of the Roman Catholic Church holding Sees situated wholly or partly in Southern Ireland. 4 The Archbishops and Bishops of the Roman Catholic Church holding Sees situated wholly or partly in Southern Ireland. Archbishops or Bishops of the Church of Ireland holding Sees situated wholly of or partly in Southern Ireland. 2 The Archbishops and Bishops of the Church of Ireland holding Sees situated wholly or partly in Southern Ireland. Peers who are taxpayers or ratepayers in respect of property in and have residences in Southern Ireland. 16 The Peers who are taxpayers or ratepayers in respect of property in and have residences in Southern Ireland. Members of His Majesty's Privy Council in Ireland of not less than two years' standing who are taxpayers or ratepayers in respect of property in and have residences in Southern Ireland. 8 The Members of His Majesty's Privy Council in Ireland who are taxpayers or ratepayers in respect of property in and have residences in Southern Ireland. Representatives of County Councils in— Leinster 4 14 By the Members of County Councils voting together as Provinces. Munster 4 Connaught 4 Co. Donegal/Co. Monaghan/Co. Cavan} 2
Third Schedule
Composition of Senate of Northern Ireland
Part I
Offices entitling holders to be Senators:
The Lord Mayor of Belfast;
The Mayor of Londonderry.
Lords Amendment:
At the end of the First Schedule, insert the following new Schedules:
Second Schedule
Composition of Senate of Southern Ireland
Part I
Offices entitling holders to be Senators:
The Lord Chancellor of Ireland;
The Lord Mayor of Dublin;
The Lord Mayor of Cork.
Part II
Elected Senators
Twenty-four Senators to be elected by the Members of the House of Commons of Northern Ireland in such manner as that House may determine.
Fourth Schedule
Provisions With Respect to the Nomination Election and Term of Office of Senators
1. His Majesty may by Orders in Council make such provisions as may appear necessary or proper with respect to the election of Senators and in particular with respect to the making and keeping of lists of the electors specified in the third part of the Second Schedule, the issue of writs, the modes of service and the returns to be made to such writs.
2.—(a) The term of office of every elected Member of the Senate of Northern Ireland shall be eight years.
( b ) With respect to the Members of the Senate of Southern Ireland, the term of office of every nominated Senator, and of every elected Senator (other than Senators elected by members of county councils) shall be ten years, and the term of office of a Senator elected by members of county councils shall be three years. Provided that, where a particular qualification is required under Part III of the Second Schedule for a Senator to be elected by any of the classes of electors specified in that part of the said Schedule, such a Senator shall cease to hold office on ceasing to have that qualification. The disqualification of persons in Holy Orders shall not apply in respect of any Archbishop or Bishop of the Roman Catholic Church or Church of Ireland elected as a Senator of the appropriate class.
( c ) The term of office of a Senator shall not be affected by a dissolution of the Parliament of Southern Ireland or Northern Ireland.
( d ) Senators shall retire at the end of their term of office and their seats shall be filled by new elections.
3. If the place of an elected senator becomes vacant before the expiration of his term of office by death, resignation, incapacity, or otherwise, the Lord Lieutenant shall cause a writ or writs to be issued for the election by the body by whom such senator was elected of a senator in his place, and if the place of a nominated senator so becomes vacant, the Lord Lieutenant shall nominate a new senator in his place, but any senator so elected or nominated to fill a casual vacancy, shall hold office only so long as the senator in whose stead he is elected or nominated would have held office.
4. At any contested election of five or more members of the Senate of Southern Ireland, the election shall be according to the principle of proportional representation, each elector having one transferable vote as defined by the Representation of the People Act, 1918, and His Majesty in Council shall have the same power of making regulations in respect thereto as he has under Sub-section (3) of Section twenty of that Act and that Sub-section shall apply accordingly.
I want to move to agree with the Lords in the Second Schedule, but there are some Amendments to the Third and Fourth Schedules.
I have no Amendments tendered as regards the Second Schedule, and therefore if it is agreeable to the House, I will separate the Schedules.
It might be convenient, Sir, if you took them together.
In that case, we will proceed with the Amendments to the Schedules first, and then the Question will be, "That this House doth agree with the Lords Amendment, as amended."
I beg to move, as an Amendment to the Lords Amendment, in the Third Schedule, Part II, to leave out the words " in such manner as that House may determine."
The Amendment is consequential on what has already been done as regards the election of the Senate. It takes from the House of Commons of Northern Ireland the power of determining in what manner the Senators shall be elected by that House.
I once again desire to place on record my whole-hearted and absolute detestation of this Measure, and I would not come into this House to-night to take part even at this stage of the proceedings on this Bill if it were not for the fact that I do not think that anyone realises the horrible position in which this Bill, when it is an Act, will place the people whom I represent, namely, the Catholics of North-East Ulster, under this new constitution. I desire in the first place to say that I have no gratitude whatever to the House of Lords for the introduction of this new Senate. I understand the reason why they added their proposal in favour of a Senate for the North and South of Ireland was in order to safeguard the interests of minorities, both North and South, but I confess in the whole history of attempts made to solve a problem of this character, this is the most disgraceful, as well as the most grotesque, I have ever known. That may be very strong language, but I think I can prove it in a moment or two. One would imagine that when the House of Lords proceeded to defend and safeguard those whom it represents in Ireland—and I do not object to that at all—they would take precisely the same method, or some method equivalent to it, to protect the interests of the minority in the North of Ireland. One could understand the two Senates nominated on similar lines in both North and South, or elected by the same process in the North and South. But what have they done in this case? In order to safeguard the interests of the class whom they represent, numbering 300,000 amongst a population of three and a quarter millions, they proceed to set up a Senate, and here is the character of the Senate: of their own, a purely Southern and Western Parliament, and when this Parliament is set up which is supposed to be entirely and absolutely for the Catholic and Nationalist population, they are to have placed above them and over them, vetoing their legislation, and even their finance, a Senate composed of a majority of the representatives of Protestantism. If you wanted to kill completely any faith in this Bill, nothing could contribute to that more than to set up a Senate of that character in Southern Ireland.
I could understand this if the Peers, in their wisdom and prescience, turned to Ulster and said, " We must give an equivalent Nationalist representation in the Ulster Parliament." But what happens? In the Ulster Parliament this is the character of the Senate: The Lord Mayor of Belfast and the Mayor of Londonderry, and 24 Senators to be elected by the Members of the House of Commons of Northern Ireland. May I point out that the Parliament of Northern Ireland will be a Parliament of 52 Members? In all likelihood the representation which the Nationalists will secure will be at the very most 12, so that this is the Parliament that will elect the Senate which is to defend and safeguard the interests of the Catholic population in the six counties. But there is something more important still. I have described to the House the character of the Senate which is to safeguard the interests of the 300,000 Protestants in the South of Ireland in a population of 3,250,000, and this is the character of the Senate which is to represent 400,000 Catholics out of a population of 1,250,000. The doors of the Senate are to be absolutely closed to us. Unless by the chosen will of those who constitute the majority in the Lower House, we shall be left there without any effective representation at all. I ask any fair-minded man, can he really justify in the House of Commons proposals of that character? A Bill for the pacification of Ireland! Why, there is not a new-born lamb that would not burst with passionate indignation against a proposal of that kind. I may frankly say that I would not have come into this House at all this evening, I would not have touched this unholy thing at all, but for a letter which appeared yesterday in the London " Times," and which, I think, deserves some attention from the House of Commons. I do not think it will get it, but, at all events, I will present it to the House. Cardinal Logue is not only the Catholic Primate of all Ireland, but the Archbishop of Armagh. He is a man, as everyone in this House knows, of extremely moderate and conservative views. Cardinal Logue in that letter says:
I never used the word.
Oh, yes; I have it off by heart from listening to you. It may not have been the right hon. Gentleman's own word. It may have been one of the few words borrowed from somebody else. I know he used the expression. I could go and get the literature of the right hon. Gentleman's provisional Government which is studded with this most indelicate expression. But perhaps I am pronouncing it wrongly. I should have used the "g" hard instead of the "g" soft. [HON. MEMBERS: "Oh, no!"] Yes. I heard some back bench Member suggest that, but I stick to my own pronunciation. The claim of the right hon. and learned Gentleman was that this six-county minority was sound, that they were alto- gether, that they covered a narrow area. Perhaps that will describe those he represented. But our minority is just precisely in the same position. We are practically 100,000 out of 400,000 of the population in Belfast. In the two counties of Tyrone and Fermanagh we are a majority of the population. We are in a considerable minority in all the other counties. Yet we will secure out of 52 representatives something like 12 Members. I am told it is only 8; but I am willing to put the most generous estimate on the numbers.
10.0 P.M.
I am now arguing from the point of view that any Nationalist would go into that Parliament—which is very questionable. I am arguing on the basis that they will recognise it. I do not think they will. But for the sake of argument I will put it at that. What do they secure if they enter that Parliament? It might be thought here that after all they ought to go into it. But what would they get if they did? There is one thing that to mind under normal political conditions that I thought hon. Gentlemen opposite would have done in the interregnum between the introduction of this wretched Bill and its passage through the House. That was to show some sort of conciliation and goodwill towards the Catholic minority in Ulster, whose destinies were ultimately to be placed in their hands. But they have been so successful in carrying through their own interests in this House during the last few years that they do not even make an attempt to induce Catholic Belfast to believe that there is any possibilities for them. So they organised a pogrom two or three months ago by which they drove 5,000 or 6,000 people from their work. Not a word of regret for this hideous persecution. Their followers proceeded to Lisburn and burned down every Catholic house, and hunted every Catholic from that town. They went to Dromore and carried out the same delicate procedure They went to Banbridge and did the same thing. Not one of those people have gone back to their homes. None of these men, these hunted workers, have been allowed to go back to their employment. In the midst of this saturnalia of destruction these gentlemen do not offer a single response to the appeal or demand that Cardinal Logue has made that some guarantee ought to be given to the Catholics of North-East Ulster, before they can commit their destinies to a Parliament of this character. I say again, a more nefarious transaction was never perpetrated—never, never! I venture to prophecy that the future of "Ulster will be worse than even the future of the rest of Ireland. A Bill for pacification! A Bill for inflaming the worst sectarian passions. What is the vision that some of us see in the new Jerusalem of North-East Ulster? If under your own Imperial control they can hunt innocent men from their employment for no crime but that of their religion or their politics, if they can burn down houses without protest under your Imperial regime, under the protecting hand of the Chief Secretary and all his Black-and-Tans, and cadets, and auxiliary police—if they can do all these things freely and frankly now, what is the vision of the future to be for these people under the regime of the malefactors who are perpetrating these outrages upon the poor people I have ventured to describe?
Why do you not tell them about the Hunter brothers in your own constituency?
There seems no reason to raise these old quarrels, and I would suggest to hon. Gentlemen not to do it. There is plenty of scope for discussion in the question before the House.
It is easy for you to be anxious that these things should not be stirred up—[HON. MEMBERS: "Oh!"]— but it is better that the House of Commons should understand precisely where we are in this matter. It is simple—
Get on with it!
It is easy for those people who are detached to be cool, but I am not detached. I cannot possibly view these things with that constitutional placidity that I am invited to manifest here. We have been told how we can deal with the situation. The gospel has been written. The doctrine has gone forth. I am not in a position to declare a policy to anybody. [An HON. MEMBER: "Yes."] No, I cannot. Taunts have been levelled at me many a time in this House, but I have been an inflammatory influence. [HON MEMBERS: "NO, no!"] There is no man who in Ireland has sacrificed more for peace and goodwill— not one. I went in 1916, at the same time as the right hon. and learned Gentleman, and did a thing that very few politicians in this land or any other country would have done to bring about peace. I did it. I make no boast about it. I resent the statement that it was my inflammatory speeches which were responsible for disaffection in Ulster, because everybody knows that I made tremendous sacrifices to try and bring Protestants and Catholics together, and my one hope is to see Catholics and Protestants work together for every good cause in which we are interested. I protest against that interpretation of my conduct or my speeches. It is my intention to fight for the things which I believe to be right, and I shall do that and I do not care whether my action pleases or does not please hon. Members. What is the alternative. I declare no policy, but we have a policy here which is laid down by the right hon. Gentleman the Member for Duncairn. The right hon. Gentleman's minority in Ireland will not accept the Parliament for the whole of Ireland. The right hon. Gentleman once said, he declared:
"We are determined, under no circumstances or conditions, regardless of consequences, ever for one moment to submit to a Home Rule Parliament in Ireland. We have signed our Covenant, and we will stick to the letter of it. I am a Privy Councillor, but there is something I value more than being a Privy Councillor, and it is my honour and my conscience."
I am sure that was the conscientious view of the right hon. Gentleman, but there are others who have consciences. Do you mean to tell me that 400,000 Catholics ought to be placed permanently under this domination? If I were tongue- tied, there are far more violent spirits in Ireland than I who will take up this cause, and who will accept this gospel and who will say, "We have the same right to revolt against an Ireland of this character." No one can say that we have ever persecuted or even insulted a single Protestant because of his religion. During all these reprisals—
I must call the hon. Member's attention to the Amendment which we are supposed to be discussing. It is to omit the words " In such manner as that House may determine." That is the single point before us, and the hon. Member must adhere to it.
These great constitutional proposals come before the House now for the first time to be considered here, and am I not entitled, therefore, to point out to the House of Commons the character of these proposals and the results that may accrue from them.
So long as what the hon. Member points out is relevant to the subject-matter of our discussion he will be in order, but the only matter for discussion now is whether the words " In such manner as that House may determine " stand part of the Schedule.
Earlier this evening it was suggested that we should take a general discussion on these two Schedules together, and not confine ourselves to one special Amendment. I understood that that course was not only acceptable to the House, but was sanctioned by the Deputy-Speaker. That is the reason we are now discussing the general principles contained in the two Schedules.
If that be the general understanding, then I accept it, but I was not aware of the understanding.
That was so. It was a question whether the Schedule should be taken together as one question, and it was decided that this Amendment should first be taken, and then the Question put as one. I understand the discussion is to be a general one, and it is not to be taken again on the other Schedule.
For the convenience of the House, I suggested that we should take these two Schedules together and, moreover, I want to draw a comparison, as I think we are entitled to do, between the character of the one Senate and the other than the particular representation that was to constitute each of those Senates. I can assure you, Mr. Speaker, that there is no other way of dealing with this proposal. There is a minority in Ulster of 400,000 Catholics as against 800,000 Protestants, and the latter are going to nominate this Ulster Parliament, and I think that we might have met the moderate demands of Cardinal Logue, seeing what concessions you were prepared to make to win these Catholics into your Parliament. You cannot despise 400,000 people. They may be of very humble circumstances, workers and labourers, but they do their share in the building up of the prosperity and greatness of the community. They are citizens inspired by a civic spirit, and much of your own character and temperament in the community in which they live and where they were born.
If you wanted to win them over, you should have given some indication of your toleration, and I want to warn you, even at this late hour, that you are starting with the greatest peril. If this Bill is put upon the Statute Book and you take over that part of Ireland which is now proposed, what I have suggested will occur. The right hon. Gentleman once said:
I have not the least intention of trying to enforce anything I have to say on this Amendment by a perpetual and continuous stream of strong and violent language such as that in which the hon. Gentleman opposite always indulges in this House.
:I quoted you.
I know. We are quite accustomed to this language. It is only like those expletives which soldiers and others constantly use, meaning nothing by them except sometimes terms of endearment. I know perfectly well that the hon. Gentleman, who represents a constituency very near my own, uses all this strong language as a mere matter of practice. He cannot get out of it. It hurts nobody, nobody minds it, and in reality, if I may offer him this piece of advice as an advocate, it really does not help his case. When it always comes on every occasion, whether trivial or serious, one finds it difficult to know when he means it and when he does not. I could commence hurling insults at him and his constituents. I could commence going into all these charges he has hurled against us to-night. How long does it-take before we get at the real facts, let alone the inferences to be drawn? No, it is that very style of speaking, to a large extent, which has always prevented us from falling into line with the rest of Ireland. It has always been threats, always insults which are hurled against us. The hon. Member really attacks us as if we wanted Home Rule. The tenor of his whole speech was, " How dare you have a Parliament in Ulster?" We never asked for Home Rule at all. The charge he prefers against me is that 1 dare value my British citizenship so much that I think it is worth fighting for. Every man in this House who loves this country does the same, and the very fact the hon. Member takes that as an insult towards him and his people shows that he does not in the least appreciate the fact that we are not the originators of Home Rule or of a Parliament in Ulster. It is he and his friends who all these years have been demanding Home Rule which he says will be fought out between the Protestants and Catholics in the North and between the Sinn Feiners and the Nationalists in the South when they are not marching through rapine and plunder to the dismemberment of the Empire. That is the picture of Home Rule that he presents here to-night. I can only say, when he charges me and others with wanting to dominate the Catholics of Ireland, that we have never wanted to rule anyone. Our case was that we wanted to stay here. We were willing that this Parliament, which is always being referred to now as being such a just Parliament, setting such a great example to the Irish, as compared with their bigotry and everything else— the praise that is heaped upon it now makes one wonder—
Who heaped praise on it?
You did.
Never!
Why, only this evening the hon. and gallant Gentleman talked of the great toleration and everything else that this Parliament had shown. We asked that this Parliament should continue to rule Ireland, and you would not have it. It was the worst Parliament, bringing about nothing but tyranny, absence of liberty, and all the rest of it, at all times in Ireland. We never asked for Home Rule; we never asked to govern anyone; we never asked to govern even our own community in Ulster; we submitted to your Government. Because we did submit to your Government, and because we said that we valued your Government, when we tried to stay under it we were called rebels— not that I mind that very much; it all depends upon the meaning that you attach to the term.
There were no "Black-and-Tan" then.
And no Sinn Feiners.
Why should we be blamed for this? Home Rule has been put upon us against our will. It is quite true that we prefer this Bill to the Bill of 1914, but, when we say that, that is the end of our approval of it. We wanted to stay with you, and now you abuse us because we are trying to work a Parliament that you thrust upon us. Nothing would ever please you, and in my belief you are really an example of the whole of Ireland: whatever was proposed, you would always oppose it. Not only have we never asked for this Parliament, either of one or of two Houses, but, when we asked to be left out of the Bill altogether, we could get no support; and then you come down and abuse us because we were not left out of the Bill. Then, again, have we asked for this Senate? Have we asked for any Senate? We have not. The Government themselves have not proposed this Senate. The Government sent up the Bill, leaving it to the Irish Council to propose a Senate, leaving it to be brought about by argument and goodwill amongst themselves—the North asking the South, "How are you going to deal with our co-religionists there?" and the South asking the North, "How are you going to deal with our co-religionists there?" and seeing whether they could not come to a common system as regards Senates for the protection of each. That, however, was disregarded and thrown out. Why blame us? Why blame the Government? "Oh, you bigot!" said the hon. Member for the Scotland Division (Mr. O'Connor) to me across the House to-night.
I did not speak of you personally; I meant the opinion of the party you lead.
I am proud to lead the party I do, and I know that they are no bigots. I say to the hon. Gentleman, and if he will think over it he will see that it is true, that the man who calls others bigots is generally the greatest bigot himself. Be that as it may, have I asked for this Senate? In what speech, or in what words? Why do I get all this terrible castigation, which will keep me awake for weeks?
I did not say the right hon. Gentleman asked for the Senate. I discussed the Senate with its consequences. I never referred to the right hon. Gentleman as asking for the Senate.
Oh, yes. You said, "Why did you not show your moderation? Why did you not show your wish to come to terms by suggesting something different from this?" The Government set up a Committee, as I understand, to try to work out these second Chambers that were asked for and they had all the ability of a Coalition Government and all the officers attached to it and they were unable to present to the House anything that they thought would hold water in relation to this matter. The hon. Member himself has not suggested to-night the Senate that he wants.
Yes, I did. I said if we were to have a Senate at all let us have it composed to give the Catholics such representation in the Northern Senate as the Protestants are getting in the Southern.
Yes, but he did not tell us how that was to be worked out. It is very easy to say that. Does the hon. Member mean it to be done on a franchise?
Done precisely as it is done there.
No; you cannot do it in the same way that it is done there. If you did you would have a single representative of the minority. I cannot argue with something I have not got before me. All I can say is, the hon. Member has made no suggestion as regards that. There is the Government. They were unable to propose a Senate. This Senate comes from the House of Lords. I do not mind the Senate being struck out. I never asked for it. I do not want it. I do not believe the North of Ireland, Catholic or Protestant, being a large industrial and working-class place, cares twopence about it. I believe they would prefer to be without it, thinking it an undemocratic method. Be that as it may, we take no responsibility for it, and if it is put upon us we must work it as well as we can. I do not object—much as I hate Proportional Representation—to their putting it into this if it is supposed to do any good and if it gives the minority any chance of having Catholics elected to the Senate, but I entirely deny the suggestion that is made that in the North of Ireland Parliament the matter is going to be wholly and solely run on the question of Protestant and Catholic, and hon. Members themselves, only a few hours ago, when we were arguing the question of proportional representation, said, "What you are afraid of is Labour." Labour is the predominant factor in Belfast. It has sixteen Members under the Bill, and can carry every single constituency if it likes. If we are afraid of Labour, and if your former statement was true, what is your apprehension under this Bill? The House of Commons will be then, according to you, largely composed of Labour, which will be opposed to those whom I attempt to represent. That is your case. If it is a true one you have no ground for apprehension in this matter, You know perfectly well that in a democratic place like the North of Ireland, where there will be such an enormous Labour representation, that the Parliament will hardly have assembled when they will break off into entirely different parties —the Home Rule question being out of the way—from what they are in now. It will not be a close division between Protestant and Catholic, but the Parliament will be divided into parties just as it is divided here, into extreme Labour men, direct action men, and all the various gradations of labour, and the relations of capital and industry in the community. When you compare the North and the South you are comparing two absolutely dissimilar things, because the hon. Member knows as well as I do that in the South there will not be a single Protestant, or what would be called a Unionist, elected to the Southern Parliament. The conditions there are absolutely different. I take no responsibility for the Amendment setting up the Senate, and I decline entirely to pursue the discussion of this matter into those bitter regions which the hon. Member (Mr. Devlin) on every occasion thinks it is necessary to direct his insults and his taunts, in the hope of bringing about peace in Ulster.
I do not insult the right hon. Gentleman, if I can possibly avoid it. I am profoundly disappointed with his speech, and I am the more disappointed because some of his recent speeches on this question have given me great hope of the attitude, I might almost say the changed attitude, of mind of the right hon. Gentleman on the Irish situation. In a private conversation I offered him my congratulations on one of his speeches, because he stated in that speech that his advice to his own people in Ulster and to the rest of Ireland was to accept the fact that the Irish people of different grades of politics had to work together.
Hear, hear! There is nothing new in that.
I hope the right hon. Gentleman will give me credit for having the same desire. He almost honours me by calling me a bigot. Many charges have been brought against me, but any form of religious bigotry is a charge of which I have been free until the right hon. Gentleman honoured me with it to-night.
I did not say that. I said that the hon. Member had across the floor of the House to-night said that we were bigots, and I said that the man who said that is generally a bigot himself.
I took it that I was included in that generalisation. That is a charge that cannot be made against me. All my life I have always made war by tongue and by pen against bigotry in any form. The right hon. Gentleman wants these people to work together. So do I. I profoundly hope that the dark forecasts of the future working of the Parliament in Ulster which have been uttered by my hon. Friend (Mr. Devlin) will not be realised; but he is a better authority on Ulster than I am. I am disappointed that the right hon. Gentleman has not made good his words. He has not given the House a single bit of encouragement to make such modifications in this Bill as would make it more acceptable to the large Catholic minority in Ulster. To-night we have curtailed the period of proportional representation with regard to the Senate. The justification brought forward, especially by Noble Lords in another place, in favour of the Senate was that in the North the Senate would be a means of protecting the Catholic minority, and in the Senate in the South, one would find a means of protecting the Protestant minority. I am as anxious to protect the Protestant minority in the South as the Catholic minority in the North. Anybody who attributes any other views to me must be extremely ignorant of my views with regard to such subjects. The right hon. Gentleman proposes to make this Parliament more worthy of trust of the Catholic minority by fastening on them in every way the perpetual political ascendancy of the majority in six counties. The right hon. Gentleman says that he does not want an Ulster Parliament or an Ulster Senante, and that he has no responsibility for this Senate. Does he expect us to take that statement seriously? He had only to stalk into this House, even after a temporary absence, and the trembling Minister in charge obeyed his word, until, like Alexander in Dryden's " Feast," he
Let me read the monumental words which describe the composition of this Senate. There are two Senators by virtue of their civic offices. Then the Amendment says: in the history of mankind? What is the use of a Second Chamber if it be exactly the same in its composition, in its method of election, in its religious and political outlook? The argument for a Second Chamber is that it has the power of supervising, of controlling, and, if necessary, of delaying, in other words, of acting as a court of appeal from the First Chamber. The Court of Appeal under this proposal is to be exactly the same as the Court of First Instance; you are going from one common jury of a special body of citizens to a second common jury of exactly the same body of citizens. That is no Court to protect. I hate to use the word creed, and I am sorry that in parts of Ireland religious creed and political creed are coterminous. They were never coterminous in the South of Ireland. The right hon. and learned Gentleman (Sir E. Carson), by gesture or by mien, suggests that that statement is not true. I repeat the observation, that in the South of Ireland religious and political opinions were not coterminous. We had 20 Protestants nearly always with the Nationalist party in this House in the days before our existence was destroyed. But in the North of Ireland, unfortunately, religious and political belief are coterminous. Here you have a First Chamber in which there is an overwhelming majority of men of the Protestant faith in its most robust form, and of Conservative opinion, and that majority is to elect all the Members of the Second Chamber. You have a miserable infinitesimal minority of Catholics and Nationalists in the Lower Chamber, and you are going to protect the liberties of that minority by creating a Second Chamber where the majority is even greater against the minority. This is called a Senate for the protection of the minority, and the right hon. and learned Gentleman is quite surprised that we do not fall down on our knees and salaam to the grand priest of the Orangemen because they have given, not one Chamber, but two. I have not taken part in this Bill at all since the Second Reading. I have not taken part in any of the general structure of this Bill, as it was so hopeless; I would not touch it. I came here for one purpose only, and that is to protest against the manner in which the Government, by setting up a Parliament in Ulster under the conditions which surround it, is doing such gross injustice and, I am afraid, preparing such evils for the Catholic minority in the North of Ireland. A great deal has been said about the rights of the minority in the North of Ireland, but what about the rights of every minority in the North of Ireland. Four counties were held to be entitled to rebel against twenty-eight, but there are two counties in this six-county enclave which are as Nationalist as Cork and Limerick. Against their will and against the decision they gave by a majority in each of them they are forced away from the Parliament of the land to which they belong, and are forced under the heel of those four counties which have always persecuted their creed. What is the position of those Irish Catholics in these six counties? There are four or five thousand of them who are to-day existing on the charity of their co-religionists in all parts of the world, and who but for that assistance would be walking starving through the streets of Belfast, and all because of their religion. Does anybody deny that?
I do.
Then they are out of employment because of their religious opinions?
It is costing thousands a week.
That is the reason they are not starving; no thanks to hon. Gentlemen opposite. At the very moment when you have this exhibition of hunger and idleness imposed on people because of their religious, or, if you like, because of their political opinions, this House, which wants to do justice to Ireland, is pulling them more than ever under the heel of their oppressors and persecutors. What is their position to be in this new Parliament. In the Lower Chamber they are to be in a hopeless minority, and they are to have a Senate in which they may have no representation at all. They are to have courts of law which will be manned by their political enemies, they are to have Cabinet Ministers who will be drawn from their political enemies, and they are to have officials of all the six counties who will be drawn from their political opponents. Finally, to make this tragic servitude of a people complete, they will have their political enemies armed, disguised as policemen, but really the armed forces of their political enemies. In all the history of the attempts to enslave a population, I know of none baser, more unkind, or more infamous than that for which the Minister without Portfolio has made himself responsible, and which the right hon. and learned Gentleman the Member for Dun-cairn has not had either the vision or the courage to oppose.
If I happened to be an Englishman, it is possible I might have a different impression of the situation which arises on the proposals before the House. I wonder if some of those who have been supporting the proposition contained in the. Bill are prepared to look forward to the possibilities contained therein. The House may at some time be composed of Labour men, and I wonder if the proposals now before the House would be acceptable to the minority at that time if they were placed in a similar position as the minority that may exist in the Northern Parliament in Ireland. The right hon. Gentleman the Member for Duncairn, looking, as usual, as virtuous as a prostitute at a christening [HON. MEMBERS: "Shame!"]
He is only a common blackguard.
That sort of thing does not in the least upset me, because the best testimonial I can receive is the contempt of the gentlemen opposite, and I accept it with all the honour which it implies. I want to suggest to the hon. Members opposite that when they decry the right of the people to control their own destinies, we have the right to suggest upon the other side that you are playing a game which may eventually recoil upon yourselves. The minorities at the moment may be in the power of the majorities. I have heard in this House hon. and right hon. Members denouncing Bolsheviks and pronouncing against the dictatorship of various sections of the community, yet in this Bill you are practically establishing the dictatorship of a minority, and when the time comes you may have it established in this country that a minority shall have no rights. It is Ireland to-day—it may be Great Britain to-morrow. When we ask for one Parliament for the whole of Ireland, and if we want a Second Chamber for protection, remember that the time will come in this country when you may be asking for the very same protection that the minority in this House are asking for to-night. The establishment of a Senate elected by the first House—what sort of a Senate is it likely to be? Surely it will be a reflex of the constitution and complexion of the House that elects it? Those of us who are members of public authorities know that even in the local councils, when we are electing aldermen, we generally select the men who represent the opinions of the majority. The Irish Parliament, either in the North or the South, electing a Senate would be compelled as a matter of fact to select a Senate that would be a reflex of its own opinions. Those of us who represent English constituencies know that a time will arrive—probably within a very short time—when, if we have the selection of a Senate, we would elect probably a Labour majority. Then I wonder if the same arguments would be advanced against such an Assembly as have been advanced tonight? The right hon. Gentlemen opposite, being trained legal gentlemen, understand all about the law and profits—particularly the profits. [ Laughter. ] It is not a new joke, it is an old joke, because you have been playing it all your lives, and you will never forget the art. I was born poor but honest. If I had not been so honest I would not have been so poor. Never having lived in the same kind of school as you have lived in, I will probably remain poor for the rest of my life; but I want you to understand that, so far as we are concerned, some of us who are Labour men on these Benches will remember the speeches we have heard to-day. The right hon. and learned Gentleman opposite said he never asked for this Bill. There is an Irish song which goes, "When we get all we want we're as nice as can be."
He is not even nice now.
It could be well said
"When we get all we want, We're as nice as can be, Where the waters of Boyne Flow down to the sea."
That is the position. Without pretending to be in favour of Home Rule, without pretending to agree to the establishment of Irish Parliaments, they have got the Parliament which they say they can work satisfactorily, which will suit their parti- cular purpose, and which eventually they can use for any object they may have in view. Labour is going to be the dominating factor, we are told. Not if they can help it. This very religious antagonism in Ireland has been used for the purpose of dividing labour. Religion has been used as a means of keeping Irishman from Irishman, to keep them quarrelling about religion when they ought to have been discussing wages and improved social conditions. The Gentlemen opposite have played the religious antagonism for all they have been worth, and are they going to leave that when the new Parliament is established? They will invent new methods of keeping us divided. It is because of that division that we oppose this proposal for the establishment of a Senate, which is going to be simply a reflex of the old antagonisms in Ireland, and I hope, so far as this House is concerned, although it is not much for me to hope—I am going to be disappointed even before I start—I hope this proposal will not be carried, and that Ireland will be left eventually along with Great Britain, because the workers of Ireland are going to join hands with the workers of Great Britain. In spite of the opposition that may be aroused in this House, we are going to control our own destiny, and the workers eventually will establish a better system than is proposed in this Bill.
We are not going to get a word of defence for the Government.
Amendment to Lords Amendment agreed to.
I beg to move, as an Amendment to the Lords Amendment, in the Fourth Schedule, at the end of paragraph 2 ( a ), to insert the words:
This is a principle which, so far as I know, is used in nearly all the Second Chambers throughout the Empire, and I think also in the United States, both in the Federal Senate and in the State Senates. The motive which lies behind it is to provide that the Senate shall not be reelected altogether at one time. The hon. Member for the Scotland Division (Mr. T. P. O'Connor) and other Members stated that, under this proposal, the Senate was going to be an exact reflex of the House of Commons. This Amendment goes a considerable way towards preventing that, because you will never have the whole Senate elected at one moment by the House of Commons and you will have a sort of continuous body less in touch with the influences which will affect the Lower Chamber, and, therefore, I suggest more suitable to the Second Chamber than the one proposed here.
I beg to second the proposed Amendment to - the Lords Amendment.
I think this is an Amendment which is an improvement on the Schedule as it stands, and I will accept it.
I heard with great interest that this system is in force in practically every elected Senate throughout the world.
A great many.
It is news to me, but this kind of election by lot seems rather new, and I would like to ask the Minister without Portfolio whether in these other Senates it is done by lot.
This is not an election by lot at all. Those who retire at the end of the first four years will be selected by lot. There is no other way, except some method of chance, and this is a quite reasonable way of doing it.
That is the point I would like to ask for certain. I am not resisting the Amendment, but I must say I do not like, on first consideration, this idea of casting lots or tossing dice, or something of that kind, to decide which of the four should go. I am not an anti-gambling maniac. That is not one of my manias, but it seems to me that the idea of drawing lots on a matter of this kind is not quite suitable. [HON. MEMBERS: " It has been done over and over again."] If it is the only way, I suppose we must accept it. In spite of the fact that it may have been done by many distinguished Senates, I do not think it is the ideal manner. But I agree it is an improvement, and I think we ought to be grateful to the hon. and gallant Member.
I am not in any general sense opposed to this Amendment, but, as a Member who knows nothing whatever about gambling, I would ask the Minister without Portfolio if he will describe accurately to the House the detailed method of casting votes.
This is trifling.
Amendment to Lords Amendment agreed to.
I beg to move, as an Amendment to the Lords Amendment, in the Fourth Schedule, paragraph 4, to leave out the word " five ' [" election of five or more Members "], and to insert instead thereof the word " four."
On the Paper I had proposed to alter the number to two, but as I understand the Government are not prepared to accept the one figure and will the other, I move it in that form. I want to provide, if possible, that when we are applying proportional representation we should apply it thoroughly all round. If the word " five " stood, proportional representation would only apply to the election of 16 Peers by their own number, and eight Privy Councillors by the Privy Councillors. In all the other parts of the Bill where proportional representation is applied it is applied completely. On the first page of their Amendments the Lords lay down the principle that the " election of two or more members of the Council shall be according to proportional representation." So in Clause 14 ( Constitution of the Parliaments ) hon. Members will see that for the House of Commons every contested election of the full number of members is by proportional representation. In England we apply that to the University seats even if there are only two.
I beg to second the Amendment.
Amendment to Lords Amendment agreed to.
Further Amendment made to Lords Amendment: In Fourth Schedule, paragraph 4, after the word "Ireland" ["Senate of Southern Ireland "], insert "or of Northern Ireland."— [ Sir L. Worthington-Evans. ]
Lords Amendment, as amended, agreed
Fourth Schedule
Part III
Transitory Provisions
1. All the existing judges of the Supreme Court of Judicature in Ireland, other than the Lord Chancellor, shall as from the appointed day be transferred to and become judges holding corresponding offices in the Supreme Court of Southern Ireland:
Provided that—
(b) if any such judge so notifies to the Lord Chancellor of Ireland his desire to retire instead of being so transferred, His Majesty may, if he thinks fit, notwithstanding that such judge has not completed the period of service entitling him to a pension, grant to him such pension, not exceeding the pension to which he would on that completion have been entitled, as His Majesty thinks fit;
3. Subject to the provisions of this Schedule with respect to the existing solicitors, all existing officers of or attached to the Supreme Court of Judicature in Ireland (including the Registrar in Lunacy and the Registrar of Deeds and officers employed in their respective offices) shall, as from the appointed day, be transferred to and become officers holding corresponding offices in or attached to the Supreme Court of Southern Ireland:
Lords Amendments:
In Part III, at end of paragraph (1,
" (c) The existing Lord Chief Justice of Ireland, if he becomes Lord Chief Justice of Southern Ireland, shall, so long as he holds that office, be entitled to retain the rank and title of Lord Chief Justice of Ireland, and to exercise any jurisdiction in respect of and on behalf of His Majesty as a visitor to any college or other charitable foundation exercisable by him on the appointed day."
In paragraph 3, leave out the words "the Registrar of Deeds and officers employed in their respective offices," and insert "the officers employed in his Office."
Agreed to.
Ordered, That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to certain of their Amendments to the Bill.
Committee nominated of Sir L. Worthington-Evans, Mr. Denis Henry, Major O'Neill, Mr. A. Williams, and Mr. Marriott.
Three to be the quorum.
To withdraw immediately.— [ Sir L. Worthington-Evans. ]
Reasons for disagreeing to certain of the Lords Amendments reported, and agreed to.
To be communicated to the Lords.—[ Sir L. Worthington-Evans. ]
Juvenile Courts (Metropolis) Bill [Lords]
As amended ( in the Standing Committee ),considered.
CLAUSE 1.—(Constitution of juvenile courts in the metropolitan police court district.)
(1) An Order in Council made under sub section (5) of section one hundred and eleven of the Children Act, 1908, for the establishment of juvenile courts for the metropolitan police court district may, notwithstanding anything in the Metropolitan Police Act, 1840, provide for such courts being held elsewhere than in the buildings used as metropolitan police courts, and for every such court being constituted of a police magistrate nominated by the Secretary of State, and with one or two women justices of the peace for the county of London, who shall sit as assessors, and who shall be chosen from amongst a panel of such justices nominated for the purpose by the Secretary of State:
Provided that nothing in the Order shall prevent a police magistrate sitting alone in any case where he considers that it would be impracticable for the court to be consituted in manner aforesaid, or that it would be inexpedient in the interests of justice to adjourn the business of the court.
(2) The Secretary of State in nominating the magistrates to be presidents of juvenile courts shall have regard to their previous experience and their special qualifications for dealing with cases of juvenile offenders.
(3) The Order shall provide for the women justices who are to sit at the several sittings of the Court being chosen by the panel, or, if necessary, by the police magistrate, and in case of the absence of the police magistrate through illness, leave or other cause, for his place being taken by another police magistrate or by a barrister-at-law in practice for at least seven years appointed or a justice of the peace approved by the Secretary of State. A barrister-at-law so appointed shall have all the powers of a metropolitan police magistrate so sitting in such juvenuile court as aforesaid.
(4) The Order may, for the purpose of facilitating the establishment of juvenile courts, provide for the discontinuance of any of the existing police courts or for the use of an existing police court solely for the purposes of a juvenile court.
I beg to move, in Sub-section (1), to leave out the word "with" ["with one or two women"].
Is there anything important about this Amendment? I have not had time to look through the Amendments, but I know that there was a certain difference of opinion shown on the Committee, and we had some very interesting divisions.
This is not the time to review the Bill.
I do not wish to review the Bill, Mr. Speaker, but I do not think that this Amendment should be rushed through without explanation.
This is a mere drafting Amendment. The most important Amendments are those standing in the names of hon Members who are not present.
I endorse what the right hon. Gentleman has said. The whole mistake arises through my Amendment having been put down in an incorrect form.
Amendment agreed to.
I beg to move, in Sub-section (1), to leave out the words "one or."
After the acceptance of the previous Amendment, this proposal will not make sense.
I submit that the question which my hon. Friend desires to raise is as to whether women who sit as justices in the ordinary way shall also sit as assessors. Have we reached the words where that point is raised? Those words are " but shall sit as assessors." I take it we have not reached them yet. I have been rather taken by surprise. I have not taken charge of these Amendments, and I do not know whether the Amendment sought to be moved by my hon. Friend is or is not applicable to that point.
The hon. Member for West Houghton was not allowed to get so far as to tell me what Amendment he was going to move.
It is in Sub-Section (1), to leave out the words " one or" ["and with one or two women justices"].
But what about the Amendment in the name of the hon. Member for the Forest of Dean (Mr. Wignall) to insert the words "who shall be president of the Court "? Is not that the one under consideration?
No; the question is whether the words " one or " shall stand part of the Bill.
May I respectfully point out that the previous Amendment to which I have called attention really covers all the Amendments standing in the name of the hon. Member for the Forest of Dean? The question whether they shall be described as assessors or justices was decided in Committee on the question whether the words "who shall be President of the Court" should or should not be put in. That really covers the whole point.
That may have been so in Committee, but it is no reason why it is so on Report. If this Amendment will stand on its own basis there is no reason why it should not be treated as such. The question before the Committee is whether the words "one or two" shall stand part of the Bill.
This Amendment, in its present form, is a very difficult one to deal with. It merely alters the provision for one or two women justices to a woman justice. I do not think anybody has ever spoken in favour of this Amendment or has ever dreamt of moving it. It may be a great advantage that the Government has not put down any Amendment, as undoubtedly they must leave it to an open decision of the House, but there is this disadvantage, that the real point is not before the House in a clear and distinct form. This Amendment does what no one has suggested, and certainly what was not intended by those who put it down. It was copied from an Amendment which was merely consequential. The only effect that it can have will be to say that two women justices at least shall sit in these Courts in the County of London. It is really a verbal amendment. The question to which we shall have to come sooner or later will be whether or not women are to sit as justices or as assessors, and it will be merely making the matter ridiculous to come to any decision on this Amendment in its present form. The intention of hon. Members who wish to raise this question is that the Bill shall be put back into the form in which it came from the House of Lords. I suggest that the present Amendment should not be pressed, but that an Amendment should be moved later on dealing with the real point as to whether they are to sit with the Stipendiary or not. As the Bill came from the House of Lords, it provided that the Stipendiary should sit, and should be assisted by two lay magistrates, one a woman and the other a man. In the Committee that was altered so that, instead of two people sitting as magistrates with the Stipendiary, one or two women magistrates should sit as assessors with the magistrate at any particular place. My hon. Friends wish to alter the Bill back to the form in which it came from the House of Lords, so that one man and one woman magistrate shall sit with the stipendiary, as magistrates having equal jurisdiction with him. I objected in Committee, and I object now, to the Stipendiary magistrate having two lay magistrates sitting with him and outvoting him in his own court; and I also object to the system of selecting, from a particular body of magistrates such as we have in London, doing excellent work as they have done, two of them—and therefore passing over all the others—as being the only ones who are fit in that district to sit with the Stipendiary. I gather that this is to be left open to the House, as the Government have not put down any Amendment, and I press the House to support the Committee in the original Amendment which they made, rendering it possible only for the lay magistrates to sit as assessors, and not as magistrates of equal authority with the Stipendiary. I know the difficulty about this Amendment; my own Amendment was passed over in the same way, and I make no complaint on that score; but I hope the House will not divide upon this technical Amendment— which will do what nobody wants to do— but will, at the proper time, deal with the general question, which, no doubt, will be raised from the Government bench.
This Amendment raises the whole question. It is an essential Amendment and I shall ask the House to accept it, not on a free vote—the Whips will be put on for the purpose. Undoubtedly it would have been more convenient if the hon. Member (Mr. Wignall) had argued it on the words "President of the Court," because those words will be required. At the same time these words raise the whole question. The Bill as it came from the Lords was a Bill to set up juvenile courts in houses away from the ordinary police court altogether, away from the surroundings of the police court, away from the environment of the police court, and it was to be a court consisting of a skilled and trained magistrate assisted by two lay magistrates, one of whom was to be a woman. They might both be women but one at any rate was to be a woman, and in order to get back to that, which this series of Amendments aims at doing, it is necessary that this Amendment should be passed and it is esential to restore the Bill to the position in which it first came before the House.
Why did you not put it down yourself?
I really do not understand this jubilation. I suppose if I see Amendments on the Paper which I can accept it is not necessary to put them down again. I have never made any " bones " about it. I intended to accept this Amendment. It is the Bill as I proposed it and pressed it on the House and I hope the House will accept it. The position is simply this. Are the women who are in these courts to be mere asessors, to be merely doing the work which can be done to-day by the women probation officers, mere assessors, in an absolutely inferior position to that of every women justice in every other part of the country except London, or are they to be really magistrates as they have been appointed? What is the use of making women magistrates if you are to treat them as if they were mere probation officers? They are magistrates and we desire to treat them as magistrates So far as the courts are concerned these women will not be invading in any sense the ordinary work of the London police magistrate. This is a new system of course. They are to be taken out of the environment of the ordinary police court altogether. The child delinquent who has to be reprimanded or punished, who at any rate must be treated with some kind of maternal care, will be taken to a house which is not a police court where there are no policemen in uniform and where the child will go and be treated as a child. It is a great thing to have a certain number of skilled trained magistrates to preside over these courts.
May I remind the House what the proposals really are, because I do not think I have ever been connected with a Bill which has been so misrepresented as this. The idea is to have in different parts of London a number of places where these juvenile courts can be held. It was suggested at one time that it was proposed to have one central court for the whole of London. No such thing was ever suggested for a moment. It never was in the mind of anyone connected with the Bill. There are to be a large number of these courts sitting at convenient local places away from the police courts and presided over by experienced magistrates. My hon. and learned Friend says that it is a reflection upon the magistrates to select two in order to do this work. In the first place there is no suggestion to select only two, and in the second place selections are made to-day. It is not every police magistrate in London to-day who sits in these juvenile courts. There are only 14 juvenile courts out of the 19 police court districts, and it is not every magistrate who sits in those courts. Selection for judicial work is common throughout the whole of our judicial system. The Lord Chief Justice and the Lord Chancellor are every day selecting special judges to do special work, and I have never heard it suggested that is was any reflection upon the other judges that some special judge was selected for some special kind of work. We are taking for this work the justices who are specially interested in, who have special experience in, and who have special capacity for this work. I ask the House to say that that is the only way in which it can properly conduct the judicial system.
It has been said that the magistrates are opposed to this Bill. [HON. MEMBERS: "Hear, hear!"] That is quite wrong. [HON. MEMBERS: "No!"] Absolutely wrong. I do not know whom my hon. Friends have been consulting, but I know that I have consulted the chief magistrate, and he consults whom he chooses. My hon. Friends are always bringing up against me a resolution passed by a meeting of magistrates, which was passed before the Bill had anything like its present form. That resolution had no relation to the Bill in its present form, and had no relation to the opinion of the magistrates whom the chief magistrate thought he ought to consult. I am prepared to abide by the opinion of the chief magistrate, and I say to-day that this Bill has the approval of the magistrates as a whole in London. [HON. MEMBERS: "No!"] I say that that is so, and I hope that hon. Members who say otherwise will tell us where they get their information.
rose —
The Home Secretary is in possession.
He gave way.
I have no doubt there will be an opportunity for the hon. and learned Member. I have told the House whom I have consulted. That is the proper way in which the Home Secretary should obtain the special opinion of the magistrates of London, and the only way in which it ought to be done. For him to go and pick out magistrates, two or three here or there, and ask their opinion, would be most improper. The proper way for him is to consult them, as he always does, through the chief magistrate. I hope the House will accept this Amendment, because it is essential. We are setting up a new form of court. In that new form of court we believe that it is essential that a woman should be there as a magistrate and not as a mere assessor. It is done all over the country, and we do not intend, if we can help it, that magistrates of London, when they are appointed and they accept the office, should be treated with the contempt that would be implied by this suggestion in regard to women. [HON. MEMBERS: "Contempt!"] I repeat. "Contempt." Even those who are opposing this Bill apparently admit that it is advisable to have a woman there in some capacity. They do not suggest that there should be no women. On the contrary, they specifically provide that there may be two. If it is agreed that women's influence should be there, the question for the House is whether she should be there as a magistrate, appointed to act as a magistrate, or whether she is to be there as a mere assessor. If these courts are to be really effective, and if this im- provement is to be really effective, women must be there as magistrates. It is no reflection upon any police court magistrate who has presided over these courts in the past to say that he has carried out effectively the system which he was called on to carry out. But there is a better system, and in seeking to introduce that better system we make no reflection on those who have carried out the old system.
I speak with some personal knowledge of this particular topic, because for at least twenty years I had almost daily contact with the special problem which lies beneath this Amendment. As my right hon. Friend has said, there is no difficulty at all outside London, and I am positive that the assistance of women given in this special class of cases and in this special way will be of immense service to the young people. That is outside London. The real difficulty in London arises in connection with the stipendiary magistrates. There is no finer judicial body— and I do not except the judges of the High Court— in the whole United Kingdom. I doubt whether anywhere in the world you could find anything to equal the stipendiary magistrates of London in their wide- knowledge of human nature and their remarkable accessibility and sympathy. They deal with crime problems that no other magistrates have to deal with on the whole in the judiciary of the big cities of the world. They discharge their duties in a way beyond all praise that I can give them. They have been accustomed to deal with all these cases sitting entirely by themselves. If the proposal in the Bill was that in the courts in which they are accustomed to sit women should sit alongside of men, women who were unused to judicial methods, I, at any rate, would have had great sympathy with the objection which hon. Members express, -though it would have righted itself in time; but I would have had the fullest sympathy with the very natural objection to such a position. But that is not the proposal. The proposal is that the trial of these children— because that is what it amounts to— should be taken away from all the association of the ordinary police court. That works beneficially in two ways. First, for those who are quite unaccustomed to any association with the buildings where justice is administered in connection with crime. Everybody agrees that it is de- sirable from every point of view not to allow these young breakers of the law to come in contact with that machinery if it can be_ avoided. To young breakers of the law, who are unhappily brought up in the atmosphere of the Court, it is a real incentive to be brought before what they call the "beak" and to start their career of crime with fellow professors of the calling. That is the real difficulty. I beg the House to look at the question solely from that point of view. I sympathise with the objections that some stipendiary magistrates have to this proposal, but if the House decides to make this great social experiment in an entirely new environment it is bound to be fraught with the greatest benefits to these young citizens.
I do not intend to follow my right hon. Friend in his reference to the new environment. That is a matter which will arise on the Third reading. For my purpose to-night, I must take it that it has been decided that the environment should be changed. I am entirely opposed to the suggestion. I propose to confine my observations to the question, is it or is it not right that these two ladies should be given co-equal rights with the experienced stipendiary magistrate, of course with the necessary corollary that they are in a position to outvote him if they think right? I very much hope that in spite of the extraordinary attitude of the Government in proposing to put on the Government Whips and thereby to nullify the work of the Committee upstairs—a very poor return for the work that the members of the Committee have done—the Amendment will be defeated May I, as one with some knowledge of the subject, give reasons for saying that? I was glad to hear the right hon. Member for Peebles (Sir D. Maclean) pay a well deserved tribute to the stipendiary magistrates. I do not know that I admire them all, but speaking of them as a body I agree, after nearly 28 years experience of them, generally from the point of view of defence, that the office of a stipendiary magistrate is a far more important office, from many points of view, than that of a High Court judge. The stipendiary magistrate does not get expert assistance. In the smaller cases which really matter to the poor, he does not generally get the assistance of an experienced Bar or experienced solicitor, and he has to settle a variety of cases in a comparatively short time. Speaking generally, the stipendiary magistrates have been trained to the work, and they do it with sufficient judgment. That is a question of fact. The Home Secretary told the House that the opinion of the whole of the magistrates in London was in favour of this Bill. I am certain the right hon. Gentleman did not intentionally mislead the House, but I know that he has done so. For instance, the experienced magistrate who sits at Lambeth only the day before yesterday expressed to me, and asked me to convey to the House, his abhorrence of the principles of this Bill, and in particular of the Amendment introduced from the Labour Benches. I think you will find that is also the view of Mr. Symmons, unless he has changed his mind recently, and there could be no more kindly, nor is there a more experienced magistrate. In the resolution of the magistrates which the hon. Member for Cambridge University (Mr. Rawlinson) had great difficulty in extracting from the Committee for the Government, they say that they met on Friday, 23rd July. They say it has worked satisfactorily in the past and is giving present satisfaction, and they unanimously disapproved of any change in the existing arrangement. It is quite true they go on to say, if you must have a change and if Parliament imposes a change, " we will take certain steps." I think the House ought to be informed of the facts. If you take the opinion of the magistrates you will find that, with one solitary exception of a gentleman, for whom I have a personal respect as a man rather than a magistrate, or perhaps with one or two exceptions, the magistrates in the Metropolis are opposed to any change.
The House is entitled to know which of our assertions is correct. I do not ask the House to take my assertion against that of the Home Secretary, but before we vote upon so important a subject we ought to know. I will not say who is telling the truth, for that would be offensive, but who is accurately informed. This being the view, as I strongly affirm it is, of nine-tenths of the magistrates of the Metropolis, what are the reasons adduced for putting these two inexperienced women upon an equality with ex- perienced men? There would be some thing to be said if you were to take away the jurisdiction from the Stipendiary altogether, but you are not proposing to do that, but to take the Stipendiary away from his magisterial functions. I am not going to talk about the question of economy, as that would not be relevant. I wish all my colleagues have had the experience I have so often had of being engaged before magistrates in cases which were going for trial. What happens is that you go before the magistrate who is there for two or three hours. And possibly you manage to get twenty minutes, or sometimes an hour or two hours, and for all that your client has got to pay. Very often unless the man or woman is a wealthy person, they only get their cases committed after six or seven remands. There is a man in one job and here you are proposing in reply to the sentimentality of certain people to take magistrates selected in the ordinary autocratic way of the Home Secretary for their job to go to some other building. What are they to do? They ought to get their work through as expeditiously and efficiently as possible, and instead of that you have a couple of talking women with no experience, and some of the people who want to attract public attention, and those people will waste the time that ought to be given to the proper expedition of the ordinary work. At the present time what have you got? You have got a magistrate sitting. Let him go to this new Court, if the House passes the Third Beading. I assume he goes. I assume you give him a couple of women or a man and a woman — why two women, heaven only knows! But say two women—I do not care what their sex is. I am not sure that my phrase had not more truth in it than I meant. These two lay people— make them assessors if you like, if you think the children want "such special treatment. Have your assessors, but better than all the assessors in the world is the woman probation officer. I am speaking from conviction. I have seen nothing more beautiful, on the few occasions I have been privileged to be present at the Children's Court, than the way that experienced woman— not a titled woman—not a woman who wants advertisement—is called in by the magistrate and practically decides the case. That is the way the thing is done now, and the whole effect of this Amendment will be to annul the splendid work done by these magistrates, experienced men, and also very largely to render nugatory the effect of one of the most beneficient Acts any Parliament ever passed, and that is the Probation Act. Therefore I venture to suggest this to the House with all respect, but with great strength of conviction: it is perfectly right women should go upon the Bench. I welcome them upon the Bench. You say this is a special problem. You say you require an experienced man, at all events, to preside over the work. These new magistrates, be they men or women, are not experienced. There is no reason why in seven years' time you should not have women stipendiary magistrates. They will be people who have got their experience, and I venture to suggest they can very well wait. Either let them come and be assessors or let them wait for seven years. When they have learned their job let them come and preside over the Children's Court. You might just as well pick any ordinary schoolboy cricketer to play in a Test match as put a couple of inexperienced women to try these cases. For these reasons I appeal to the House to disregard the Government Whips if the Government is so ill-advised as to put them on, and I appeal to the Government to let the House come to a free and independent decision.
First of all I should like to say that the Committee upstairs was a farce, an absolute farce. I was on it. I am here to report to the House what the view of the Members was. As for saying the Government is turning down the work of the Committee upstairs, it is perfect nonsense. They are turning down the work of two obstructionists when the Government had not their people on it. The worst of it is the Government has to-day a very progressive programme, and a lot of reactionaries to put it through. I am rather sad that the hon. Member opposite (Sir E. Wild) talks about two talking women. I do not believe any woman would talk more nonsense than some of the old women in this House.
When you talk to me about legal knowledge dealing with children, when you talk about the position of the stipendiary magistrates, who is thinking of the dignity of the stipendiary magistrate, who is thinking about legal knowledge, when it comes to dealing with juvenile offenders? The whole point of the Bill is to get the children in a better atmosphere and give them what no legal training on earth can give a man, and that is the woman's point of view when it comes to dealing with children. I feel perfectly certain that there is no hon. Member of this House who, if his own child was coming up before a Court, would not want a woman on the bench. [HON. MEMBERS: . "No."] Why hon. Members should be so opposed to the sex of their mothers 1 do not see. It is no good saying that they are opposing this on legal grounds, because really the opposition is opposition against women, and this legal ground is camouflage. All I ask is that you should look at the hon. Members who are opposed to it. Look at them and at their past, and you will see—[HON. MEMBERS: " Withdraw."]— I am not referring to their past outside this House; I am talking about it inside the House, so they need not get nervous. I do hope the House will remember that this Bill has passed the House of Lords, which is certainly not a very progressive body of legislators, we know, but even they have accepted this. They are very jealous of heriditary and legal rights, and they have some of the very finest legal brains in England in the Upper House, and they have passed this Bill, so it cannot be so upsetting to the whole of the legal profession as some hon. Members try to make out.
12 M.
There is one thing, and that is that if the Bill remains as it is—although the Government have passed the Sex Disqualification (Removal) Act—you will not get the best women. Women are taking their work very seriously, as was shown at the Mansion House the other day. They are new brooms, and they are trying to sweep clean; they are taking this work concerned with children particularly seriously, and we want the very best women we can get when it comes to these courts. I do not think they will come as assessors; I do not believe you will get the best women as assessors. You will get some women, because women will always go where there is a need, but as the Home Secretary said, we want the very best women. The legal point I am not dealing with, and it is not so much the women's point of view that I am putting, although I want all those hon. Members of the House who have not yet made up their minds to look and see the record of the hon. Members who oppose it, and they will find that it is really deep down in their hearts a knock at women. I saw the other day in the newspaper an appeal case against a conviction by a mixed jury. There is a lot in the newspapers to-day that is misleading, and that is one of the things that is most misleading; it was an attempt to discredit women jurors, but the Lord Chief Justice pointed out that it was not the fault of the women jurors, but that they had been misdirected by the Recorder. Mercifully, the Recorder was a man, but the whole point of the episode was an attempt to discredit women and their work. It is not a question of women, or of magistrates here, but it is a question of the children, and I hope the House will remember this, and forget the dignity of the magistrates, and what has gone before, and even the women, and think of it from the children's point of view. This Amendment is really vital to the whole of this Bill and to the children in the future, and this is one of the best Bills that has been put forward. When hon. Members think it is no good getting children out of the atmosphere of the court, I do not think we should think so much of the magistrates, fine as they are. It is no good saying you could not improve on them. These are the days of improvement, and if it came to the point, we could improve on some of the members of the House of Commons. That is a ridiculous argument, to say that because they have done well in the past, they cannot be improved upon. I am amazed that men of such high legal standing put that argument at all, but as I have said it is not a question of magistrates, it is a question of people who are interested in the juvenile offenders and of associations which have to deal with children— the Howard Association, the State Children's Association, the Wage Earnings Committee, and the various women's organisations, and those are the bodies that count. It is not the magistrates, it is the people who are trying to help the children, and every one of them are in favour of this, and I beg hon. Members to think of it in terms of their own children. We have got expert advice on this, and all the experts who are trying to get hold of the children say this is a splendid Bill and hope it will go through, particularly this point. I beg hon. Members, a great many of whom are fathers, and many others of whom perhaps will be, to think of it from that point of view and not to let the dignity of anybody stand in the way of the welfare of the children of the country.
I beg to enter the strongest possible protest against the Government putting on their Whips on this Amendment, and I do so for two reasons. In the first place, I think it is a very unusual procedure for the Government to reverse a decision of the Committee upstairs which was arrived at by a respectable majority. [HON. MEMBERS: BERS: " One."] It was a majority of 10 per cent. I believe, though I hope it is not so, that some of the right hon. Gentlemen opposite are in favour of proportional representation, and if you have that, you will never have a majority of even ten per cent. in this House in favour of the most important measures and policies of the Government. Therefore I think it is a majority which ought not to be treated with indignity. If the Government reverse the decision of the Committee, and do it by this curious means of supporting a private Member's Amendment, to my mind they are striking at the whole system of Standing Committees and their relation to this House, because it seems to be altogether illogical that the Standing Committees should be left free to decide, and that when the matter comes before the House the House should not be left free to decide. Moreover, to my mind there is quite sufficient of the spirit of bureaucracy in this Bill. Naturally during the War departments had to be supreme, things had to be done quickly, there was no time and little opportunity to consult this House as to measures and actions carrying out' the War policy of the Government. This led to a great growth in the spirit of bureaucracy. But we do not want that spirit of bureaucracy to be rendered permanent and to be hung round the neck of the House. I myself have always been, and I still am, a loyal supporter of this Coalition Government, but I say that however large their majority may be, if you coerce it constantly in matters of this kind by putting the Government Whips on—I should be very sorry to think the fate of the Government was wrapt up in a Bill of this sort—but if you do that you will weaken the weight of this majority in the eyes of the country, and you will do something which is inconsistent with the fundamental principle of Parliamentary Government. Therefore I make a very strong protest— and if the right hon. Gentleman had not spoken so quickly and decidedly on this point, I should have made it in the form of an appeal to him— that the Government Whips should not be put on to this Amendment. The Amendment, as I understand it, raises what to my mind is the most important question in the Bill— whether women are to sit as judges or assessors. I take it we shall decide that question in deciding this Amendment.
indicated assent .
I am very glad to get the assent of the right hon. Gentleman to that. I deprecate some of the remarks of the hon. Member for Plymouth (Viscountess Astor), particularly those that were directed to convincing the House that the attitude some of us take up with regard to this mixed court is owing to sex prejudice or jealousy of women's advancement in rights and responsibilities which they can well perform. By the introduction of this and other subjects the debate seems to have got considerably mixed. All these questions of separate atmosphere, surroundings, and so on, have been mixed up with the real and only question that is before the House, namely, whether women shall sit as judges or assessors.
To my mind it will be a very serious thing if we start the ball rolling to depreciate the legal reputation, character, and tradition of the English judiciary. That stands very high in the world and this House, even when it comes to deal with the lower ranges of the judiciary, should consider very carefully before it does anything to impair it. Moreover, the confidence of the people in the law, a most important matter, particularly amongst those classes that frequent the lower Courts, depends entirely, I believe, upon their conviction and trust that justice will be administered in those courts without favouritism, prejudice, or emotion by men trained in the law and experienced in its administration. You may surround it with whatever embellishments or improvements in the way of separate buildings, solicitude, care of the female sex, officers in plain clothes, and so on, which you think suitable to the special case. But the confidence of the people in the law is, to my mind, the centre and the pivot of organised society. If you once destroy or impair it by taking away the legal character of the tribunal— even children's tribunals—from the minds of the people you will do great harm, for the evil will spread.
The right hon. Gentleman has made so much of the opinion of the magistrates, and such remarkably sweeping statements about it that I am bound to mention the subject, as to which I have provided myself with some material. I would first ask what is the position of the Chief Magistrate, upon whom the right hon. Gentleman apparently has solely relied for his authority, in relation to the other police magistrates? Has he any power over them? Are they under him in any way? Is he entitled to represent their opinion? If so has he consulted them? I do not think so. In any case, I think that the right hon. Gentleman himself said that the Chief Magistrate consulted only the magistrates whom he chose to consult. May I quote one or two remarks from other magistrates? In the first place, we have Mr. Disney, the Greenwich magistrate, speaking of the -Juvenile Courts, who says:
The power that you give in composing the court to the lay element is the inherent vice of the Bill. You make the court composed of three judges, sitting on equal terms with equal powers. Two of those judges are not trained in the Law; are not experienced in the administration of justice. The third has both these essential qualifications. You are going to put the qualified and experienced man on equal terms with the unqualified and unexperienced members. You place him thereby in a subservient position to the rest of the court. It is not only against commonsense and the dignity of the Law, but it is also against the efficiency of these courts to place the trained and experienced man in this inferior position. This police magistrate has hitherto for many years carried on these children's courts in a way which has won many tributes from the right hon. Gentleman himself on the second reading, and tributes from all quarters to the care, attention, sympathy and mercy which they have shown to the young delinquents in these children's courts. I would refer to what was said by the hon. Member for Plymouth (Viscountess' Astor), when she implied that it was only little children of tender age who came be fore these juvenile courts. That is not so. Youth of both sexes up to the age of 16 come there, charged, very often, with serious offences, requiring for a just judgment, knowledge of the Law, especially the difficult law of evidence, and great experience in its administration. Therefore, it becomes all the more necessary that the court should not be constituted of two inexperienced people and one experienced one. What have the police magistrates done already with the children's courts? They have done their very best, even now, to give a new atmosphere altogether to the surroundings of the child when it comes into court. As far as possible they have separate courts, with separate entrances, with the police in plain clothes, and with missionaries and lady probation officers —I lay stress on the latter—to guide and comfort the child while the case is being heard, and afterwards to look after its future. That is the way these stipendiary magistrates have conducted these courts in the past, and yet these are the men whom you are going to make subservient to lay justices. I do not want to detain the House any longer, but I earnestly appeal to the House not to impair the legal character of any judiciary or tribunal—I do not care what it is—by making the trained and experienced legal heads subservient to an inexperienced, untrained, and possibly incompetent lay element.
I only want to say a few words about four points mentioned by the hon. Member who last spoke. We were told there was a danger of sentiment. I am going to support the Government, and I may be accused of sentimentality, and hon. Members may lay the flattering unction to their souls that they are good, sound commonsense people. But there are some things in which lay men and women are quite equal to legally trained men. Take the admission made by the hon. Member who has just sat down, that the stipendiary magistrates themselves have, so far as possible, made arrangements to carry out the scheme outlined in this Bill, and that they have already tried to cut the trial of juvenile offenders entirely away from ordinary legal procedure. Speaking frankly as a man, I say that, when it comes to judging the case of a child, and forming an opinion as to the best thing to be done with a child offender, I would sooner trust the judgment of a woman than that of any man, even the most highly trained legal man in the country. Great play has been made with the fact that a Standing Committee has done a certain thing, and that this iniquitous Government has tried to reverse the decision of the Committee. Less than a fortnight ago, however, on a very important Bill, the Government did exactly the same thing, but not a word of complaint came from the other side of the House, and hon. Members on the other side trooped into the Lobby to support the iniquitous Government which had broken the work of the Standing Committee. What is the use of talking humbug of that kind? If hon. Members were consistent, and said on every occasion that when a Standing Committee has come to a decision that decision ought not to be broken, I could appreciate, admire and follow them; but when it is a case of saying that it is iniquitous when it does not suit one's purpose, and swallowing a thing holus bolus when it does, I do not see the force of the argument, and I cannot follow the peculiar morality that takes that line. With the highest possible opinion of the legal profession and of the work done by magistrates, I repeat deliberately that in my opinion a woman is infinitely better able to judge what ought to be done with a juvenile offender than any man, whatever his training and legal qualifications.
I support this Amendment for different reasons from those which have already been advanced. The suggestion that has been made for certain members of a judicial court to act merely as assessors, exeircising powers subsidiary and inferior to those of another member of the same court, is alien and unknown to our system of law. I would remind the House that already in certain cases assessors are appointed in our courts. Under the Workmen's Compensation Act medical men are appointed to assist the judge as assessors in dealing with medical points arising in those cases. These medical men are not judges, and are not appointed as such. In the same way we have assessors from Trinity House appointed to assist the judges in the Admiralty Court, and they, again, are not appointed as judges. For the moment I cannot think of any case in which persons have been appointed- to exercise such functions, and in which it is suggested that they should sit in the same court as another person, with equal powers, although acting in an altogether subsidiary capacity.
What would be the position of those magistrates who are invited to act as assessors? They would have merely advisory powers, and those, in many cases, would be practically "nil." The proposal that they should act in these cases merely as assessors is something entirely derogatory and demeaning to their office, and I hope that the House will support the Amendment.
There is one point which requires some elucidation. The Home Secretary said that the resolution of July 23rd, 1920, by the magistrates of the police courts of the Metropolis, which he communicated to the House at my request, was not upon this Bill. That resolution runs:
"hat the Magistrates of the Police Courts desire to place on record in July 23, 1920, their belief that the system under which the Juvenile Courts have been carried on in the Metropolis has worked satisfactorily in the past and has given satisfaction."
It is not a question of improving a system which is not giving satisfaction. That is not even suggested. It is introducing a reform, a change. A reform is not necessarily a change for the better. Neither is progress. It may be progress towards a precipice. This resolution adds:
"Magistrates are of opinion that any interference with powers of the Magistrates of the police Courts would not be in the interests of the public."
There is still more which I need not read, but it is all to the same effect. It is solely because I have a conscience about occupying time that I do not read more. I ask the House to believe that the whole Resolution is in that sense. Now I want to ask the Home Secretary, does he really say that that unanimous resolution was not passed in view of this Bill? Is it too early in date and if so, what becomes of the letter of 20th May by the Women Probation Officers who say that the present system of dealing with juvenile delinquents requires no drastic change. They deprecate the creation of these courts and strongly feel that, to appoint women justices to the same position as stipendiary magistrates, without possessing the same qualifications of training, is to make a distinction between men and women which is not desired by women, but is regarded by them as a retrograde step. [HON. MEMBERS: "Divide! Divide! "] The Home Secretary, in his speech, has stated that the point was one of the dignity of the women. I am surprised that on the mere question of dignity the Government should put any constraint upon their loyal supporters in this House. I earnestly support, for the reasons I have given—and I could give more—the appeal of my hon. Friend, the Member for Westminster (Mr. Burdett-Coutts), and ask the Government to leave the matter where, it is and not to make any change where, by the Home Secretary's own admission, it is merely a question of the comparative dignity of women in London and in the Provinces. If such be the case I would add my voice to that of my hon. Friend and others and beg the Government not to put the slightest constraint upon their followers in a matter which is of very little importance, but one which cannot redown to their honour or their glory. [HON. MEMBERS: "Divide! Divide!"]
The law is that in a Court of Summary Jurisdiction the cases are dealt with by a stipendiary magistrate. The stipendiary is the equal of two magistrates and is himself a quorum. The Home Secretary says that these ladies are magistrates. May I point out to him that what is proposed is to require three to form a quorum? You are moving to omit the words " one or," and, there- fore, you are going to compel, in the interests of these magistrates, a quorum of three. I say that is ridiculous and absurd, and is not the sense of the Bill.
That is not provided.
The Amendment is to leave out the words " one or," and I say that is requiring a quorum of three. These women are magistrates, why should they have more than men? In the country you cannot have this sort of thing. Supposing on a county bench you have one or two women. They will vote, but there may be three or four men. Here, for London, where you have less magistrates than in any part of the country, you are insisting that there should be a quorum of three to deal with these cases of children. I would submit that the whole thing is ridiculous. Leave the law where it is and require no change. I shall vote against this Amendment.
Let us have the Division.
I have never heard the right hon. Baronet, when he rises, submit to an interruption. Surely he can give some consideration to others. In addition to the names of the magistrates mentioned, there is Mr. Bankes, who opposes this change. I have a statement from Mr. Bingham who says that the cases dealt with in November were as follow: 2nd November, one case; 5th November, five; 9th November, six; 12th November, none; 16th November, none; 19th November, none; 23rd November, none; 26th November, none. Yet you are going to let two women attend. The thing will become a farce.
Oh.
Perhaps the hon. Member and other hon. Members will
kindly be quiet. When you have cases to deal with you want to have a quorum and you will have to search all over London for women justices. This Amendment, proposed by the Cabinet, is the most ridiculous and absurd thing the Government could do.
I rise because I was a member of the Committee upstairs, where I supported the original proposal, but, in fairness to the Government, I must say that the Under-Secretary—who was in charge of the Bill in Committee, when a vote was taken, and the Government were beaten on the Amendment we were discussing by eleven votes to nine— definitely stated to the Committee that the Government reserved the right of dealing with the matter on the Report Stage. In London we have the Quarter Sessions, which are composed of unpaid magistrates, to-day including women magistrates, and we have a paid Chairman and a paid deputy-Chairman. The unpaid magistrates take their legal advice from the Chairman and the vice-Chairman, but the majority decision of the civilian members, which to-day can include women, decides the verdict. We have that procedure in London and there is no difference between that procedure and the procedure this Court sets up. We were told upstairs that in provincial towns or cities where there are stipendiary magistrates, a civilian magistrate, either men or women, is allowed to sit with the stipendiary magistrate and hear all the cases. In view of the precedent of the Quarter Sessions, I hope the House will support the Amendment.
Question put, "That the words 'one or' stand part of the Bill."
The House divided: Ayes, 53; Noes, 98.
Division No. 415.] AYES. [12.38 a.m. Adair, Rear-Admiral Thomas B. S. Courthorpe, Major George L. LockerLampson, G. (Wood Green) Archdale, Edward Mervyn Craik, Rt. Hon. Sir Henry Lorden, John William Atkey, A. R. Curzon, Commander Viscount Lynn, R. J. Balfour, George (Hampstead) Ford, Patrick Johnston Manville, Edward Banbury, Rt. Hon. Sir Frederick G. Foxcroft, Captain Charles Talbot Matthews, David Barton, Sir William (Oldham) Fraser, Major Sir Keith Mitchell, William Lane Borwick, Major G. O. Green, Joseph F. (Leicester, W.) Morrison, Hugh Bowerman, Rt. Hon. Charles W. Hall, Lieut.-Col. Sir F. (Dulwich) Nicholson, Reginald (Doncaster) Bowyer, Captain G. E. W. Hamilton, Major C. G. C. Perring, William George Boyd-Carpenter, Major A. Herbert, Dennis (Hertford, Watlord) Raw, Lieutenant-Colonel N. Brown, Captain D. C. Hinds, John Rawlinson, John Frederick Peel Burn, Col. C. R. (Devon, Torquay) Hohler, Gerald Fitzroy Samuel, Samuel (W'dsworth, Putney) Campion, Lleut.-Colonel W. R. Hood, Joseph Sprot, Colonel Sir Alexander Cockerill, Brigadier-General G. K. Hopkins. John W. W. Stanier, Captain Sir Seville Colvin. Brig.-General Richard Beale Hunter, General Sir A. (Lancaster) Stewart, Gershom Cope, Major Wm. Jodrell, Neville Paul Townley, Maximilian G. Townshend, Sir Charles Vere Ferrers Williams, Lt.-Com. C. (Tavistock) TELLERS FOR THE AYES.— Whitla, Sir William Wills, Lleut.-Colonel Sir Gilbert Mr. Burdett-Coutts and Major Molson. Wild, Sir Ernest Edward
NOES. Adamson, Rt. Hon. William Fremantle, Lieut.-Colonel Francis E. Pease, Rt. Hon. Herbert Pike Agg-Gardner, Sir James Tynte Ganzoni, Captain Francis John C. Pollock, Sir Ernest M. Amery, Lieut.-Col. Leopold C. M. S. Gibbs, Colonel George Abraham Pratt, John William Astor, Viscountess Gilbert, James Daniel Pulley, Charles Thornton Austin, Sir Herbert Gilmour, Lieut.-Colonel John Raffan, Peter Wilson Baird, Sir John Lawrence Gregory, Holman Ramsden, G. T. Baldwin, Rt. Hon. Stanley Hacking, Captain Douglas H. Reid, D. D. Barlow, Sir Montague Harmsworth, C. B. (Bedford, Luton) Roberts, Frederick O. (W. Bromwich) Barnes, Major H. (Newcastle, E.) Hayday, Arthur Robinson, Sir T. (Lancs., Stretford) Barnston, Major Harry Henry, Denis S. (Londonderry, S.) Sanders, Colonel Sir Robert A. Barrie, Charles Coupar Hewart, Rt. Hon. Sir Gordon Seddon, J. A. Benn, Sir A. S. (Plymouth, Drake) Hogge, James Myles Sexton, James Bentinck, Lord Henry Cavendish Hope, James F. (Sheffield, Central) Shaw, Thomas (Preston) Blake, Sir Francis Douglas Inskip, Thomas Walker H. Shortt, Rt. Hon. E. (N'castle-on-T.) Breese, Major Charles E. Johnstone, Joseph Sitch, Charles H. Bridgeman, William Clive Kellaway, Rt. Hon. Fredk. George Smith, W. R. (Wellingborough) Brown, James (Ayr and Bute) Law, Rt. Hon. A. B. (Glasgow, C.) Stanton, Charles B. Burn, T. H. (Belfast, St. Anne's) Lewis, Rt. Hon. J. H. (Univ., Wales) Strauss, Edward Anthony Cape, Thomas Lindsay, William Arthur Sturrock, J. Leng Carr, W. Theodore Lort-Williams, J. Sutherland, Sir William Casey, T. w. Loseby, Captain C. E. Thorne, G. R. (Wolverhampton, E.) Chamberlain, N. (Birm., Ladywood) M'Lean, Lieut.-Col. Charles W. W. Watson, Captain John Bertrand Craig, Colonel Sir J. (Down, Mid) Maclean, Rt. Hn. Sir D. (Midlothian) White, Charles F. (Derby, Western) Davidson, J. C. C.(Hemel Hempstead) Macpherson, Rt. Hon. James I. Williams, Aneurin (Durham, Consett) Davies, Alfred Thomas (Lincoln) Moore-Brabazon, Lieut.-Col. J. T. C. Williamson, Rt. Hon. Sir Archibald Davies, Evan (Ebbw Vale) Morgan, Major D. Watts Wilson, Daniel M. (Down, West) Davies, Thomas (Cirencester) Murchison, C. K. Wilson, Colonel Leslie O. (Reading) Davison, J. E. (Smethwick) Murray, John (Leeds, West) Wilson, W. Tyson (Westhoughton) Devlin, Joseph Neal, Arthur Yeo, Sir Alfred William Doyle, N. Grattan Newbould, Alfred Ernest Young, Lieut.-Com. E. H. (Norwich) Edwards, Major J. (Aberavon) Newman, Sir R. H. S. D. L. (Exeter) Elliott, Lt.-Col. Sir G. (Islington, W.) Norton-Griffiths, Lieut.-Col. Sir John TELLERS FOR THE NOES.— Entwistle, Major C. F. Parker, James Lord Edmund Talbot and Captain Guest. Eyres-Monsell, Commander B. M. Parry, Lieut.-Colonel Thomas Henry
I beg to move, in Sub-section (1), to leave out the word "women" ["one or two women justices"].
I agree.
Amendment agreed to.
I beg to move, in Sub-section (1), to leave out the words "who shall sit as assessors," and to insert instead thereof the words "of whom one shall be a woman."
I want to say that we put our Amendments down because we know from our experience that women magistrates have done extremely good work, and we also think that if we only make these magistrates assessors we are really insulting them as magistrates and the whole womanhood of the country. If they are fit to be magistrates they are able to do any class of work.
It has not been pointed out in this Debate that the lay magistrates in London have concurrent jurisdiction with stipendiaries. At the present time the lay magistrates are doing all the school board cases. Women have an equal right with men to sit with lay magistrates, but the objection I have to this Amendment and to the previous Amendments is that you are picking out certain of the lay magistrates. One for each district is to be selected for this particular work. It is no question of an insult to women or men. Nothing of the kind is intended. The point is that the lay magistrates sit in London in one court and the stipendiary magistrates in another, and the lay magistrates sit upon an equality. There is no reason why they should not go on sitting as they do now. If we should say by Act of Parliament that out of these lay magistrates two particular magistrates are to be selected we are surely passing over the other magistrates doing equally good work. I quite agree, however, that the substance of these Amendments has really been settled by the division which has taken place.
Amendment agreed to.
Further Amendment made: In Subsection (1), leave out the word "who" ["and who shall be chosen"], and insert instead thereof the words "both of whom."—[ Mr. T. Wilson. ]
I beg to move, in Sub-section (2), to leave out the words "be presidents of," and to insert instead thereof the word "hold." This Amendment is now in a curious position. As a matter of fact it was put down by me as a consequential Amendment which should have formed one of the Amendments put down by me in Committee and carried against the Government Therefore, I had anticipated that if the Amendment standing in the name of the hon. Member for the Forest of Dean had been carried, I should naturally not have moved. But we are now in this curious position that the first Amendment in the name of the hon. Member for the Forest of Dean, which was to insert the words "who shall be the president of the court," has not been moved. Therefore, as a matter of draftsmanship, it seems to me that my Amendment should be accepted, because down to this part of the Bill there is no reference whatever to anybody being President of the Court. Therefore, it does not seem good sense to make the Sub-section read "The Secretary, in nominating Magistrates to be Presidents," when there is no provision for anyone to be President.
I beg to second the Amendment.
I hope my hon. Friend will not press this Amendment. It is quite true that the hon. Member for the Forest of Dean was not in his place to move the original Amendment, and, therefore, the Bill will go back to the House of Lords as an amended Bill. The House of Lords will be asked to disagree to the Amendment striking out the words "who shall be president of the court." In that case the complaint as to draftsmanship will be removed.
In the circumstances I do not feel that I can do otherwise than agree to the appeal of the Home Secretary, but if I withdraw I feel that I am justified in putting in a very strong protest against the action which the Government has taken in regard to these Amendments as a whole. They not only did not put down Amendments to reverse the decision of the Committee, but they went so far as actually to put down an Amendment to polish it up.
We are going back now over the old ground.
Amendment, by leave, withdrawn.
Further Amendment made: In Subsection (3), leave out the word "women" ["women justices"].— [Mr. T. Wilson.]
I beg to move, to leave out Sub-Section (4).
This Sub-Section provides that the Order in Council may, for the purpose of facilitating the establishment of juvenile courts, provide for the discontinuance of any of the existing police courts or for the use of an existing police court for the purposes of a juvenile court. This is an Amendment of some substance, and the consideration of the question brings us to the difficulty which we always find in these cases where matters are to be dealt with by Orders in Council. The whole machinery of this Bill is founded upon an Order in Council, and under this Sub-Section the Home Office may use one of the existing police courts as a central juvenile court. One of the grounds upon -which I object to this is that, according to all I can find out, there is the greatest objection to any of the police courts being closed. That point has been overcome to some extent by an Amendment which stands in the name of the hon. Baronet on behalf of the Government. But that does not remove another objection, and that is the question of expense. We have been told that this Bill would not really cost anything, and one reason why it would not cost anything apparently is that a central juvenile court could be established by closing one of the police courts for the purpose for which it is at present used and using it solely as a juvenile court. I suggest very seriously that if the Home Secretary has come to the conclusion that London can do with one police court less, the locality, the County Council I suppose in this case, should have the benefit.
I beg to second the Amendment.
1.0.A.M
I hope this particular Amendment will not be pressed. There is no proposal that this should be done at once, nor indeed is there any necessity that it should be done at once, but the necessity may arise and it may be a very proper thing. An Amendment standing in the name of my hon. Friend, the Under Secretary, provides that there shall be an inquiry, and if the Committee agree to accept the words there will be practically no expense by the proposals of the Bill. It may Very well be that a police court in the metropolis may become superfluous, and may be properly used for the purpose of a juvenile court in the future. Therefore, we ask power that that 1.0 A.M. should be done when it can be found to be advantageous.
Does the hon. Member press his Amendment?
In the circumstances, I beg leave to withdraw.
Amendment, by leave, withdrawn.
I have placed on the Paper an Amendment, in Sub-section (4), to substitute for the word "police" ["existing police courts"] the word juvenile. I put this down in consequence of a doubt that existed in Committee upstairs as to whether it was really intended to abolish a police court. We were then assured there was no intention of that sort, but that certain juvenile courts attached to police courts, though with separate entrances, should be closed,, and not the police courts. I suggested it might be made clear by substituting "police" for juveniles.
I have put down an Amendment to provide that, where there is an intention of closing a police court, the people in the district should be heard and there should be an inquiry. I will move it to meet the wishes of the hon. Member for Westminster (Mr. Burdett Coutts).
Amendment proposed: At the end of the Clause, to add the words
" Provided that an existing police court should not be discontinued under this section until a public inquiry into the needs of the district, to be held within the district, has been held by a person appointed for the purpose by the Secretary of State."— [Mr. Shortt.]
I thank the right hon. Gentleman for accepting my suggestion, and incorporating my words in his Amendment, and I also have to thank him for the latter. As the Bill stood it gave him an autocratic right to close a police court, which would be a very serious thing and often a grave injury to a district. He has now made that conditional upon a public inquiry and by inserting the words and substance of my Amendment he has made that enquiry one which can be attended by all the people concerned and not an en- quiry held in some central place which people would have to lose a day's wages by attending.
:This phrase "public enquiry" seems rather vague. I suppose the right hon. Gentleman knows what it means. What people will be consulted? If this Clause in practice were very rigidly applied it might be possible for a small minority in the district to put the State to great trouble. Unless there is some definition the Committee should consider it carefully. We do not want the Bill emasculated in its effects by obstructive tactics by people who do not care to do away with a police court.
There is no question of anybody being able to emasculate or obstruct the working of the Act. It means that where the Secretary of State thinks it desirable to close a police court, the people of that district are entitled to be heard and show cause why they should continue to have a police court and be able to go and consult their magistrate without having to go into another district. It would mean that an official, probably of the Home Office, would go down and hold an enquiry in some room and hear anything that any one had got to say.
Amendment agreed to.
Motion made, and Question proposed, "That the Bill be now read the Third time."
I should like to enter my emphatic protest against the way the Government have dealt with many of their most ardent supporters. One expects to have illusions shattered on entering here for the first time, but I have never had illusions so shattered as they were to-night. There were those of us in the Committee upstairs who went there feeling it was our duty to show the Government and the Home Secretary that the stipendiary magistrates were, in our opinion and from the evidence we could gather, not friendly disposed towards this Bill which they themselves would have to work. We wanted to get arguments and amendments to meet that. To-night the Home Secretary amazes me by saying that stipendiary magistrates unanimously welcome this Bill.
I did not say unanimously.
I withdraw that. I suppose he means practically unanimously. The Home Secretary did not tell the House that the Chief Magistrate, the very man from whom he got this opinion, was in the chair at the meeting on July 23rd last year, when I am told that about twenty out of twenty-five police magistrates were present and unanimously passed resolutions to the effect that they disapproved utterly, not of this Bill, because it was not then in its present form, but of all the essentials of the Bill. Upstairs in Committee we wanted to show that the Home Office knew the feeling among stipendiary magistrates and we asked for the resolution sent to the Home Office after the meeting. The reply was: "I, the Home Secretary, get my opinions, not by going round and asking the opinions of all the stipendiary magistrates, but by asking the Chief Magistrate." That is quite right, but once I prove that the Chief Magistrate was himself in the chair and twenty out of twenty-five of the stipendiary magistrates who were present unanimously were dead against everything contained in this Bill, then I am amazed at the right hon. Gentleman crediting himself with the goodwill and kindly intentions of all the police magistrates in London being behind him on the Bill. Not one word has been said by the Home Secretary or anybody else that these magistrates have ever failed in their task. Everything has gone to show that they carry out their task magnificiently. The hon. Member who moved these Amendments from the Labour benches seemed to think we were casting aspersions on the women. We say, " let a woman enter the Bar and after seven years become a magistrate, and then be equal to a man, but to put her in a two to one superiority over a man who has been seven years at the Bar and has by his prowess shown himself to be head and shoulders above his fellows, when there is no complaint of his work, and when nineteen-twentieths of the magistrates in London are dead against this Bill—that is a series of facts to put in opposition to the statement of the right hon. Gentleman that he can rely upon practically the whole of the magistrates to support him.
There are certain differences between statements by the Home Secretary and statements by the Lord Chancellor in another place on this sub- ject on which I feel sure the right hon. Gentleman in his own interest would like to enlighten the House. We understood from the Home Secretary that that resolution which was passed unanimously by the police magistrates did not, in his opinion, apply to this Bill because the form of the Bill had been altered since. That possibly is quite true, but let us have no mistake. I have in my hand the Official Report of the proceedings in another place on August 6th, the last day on which the Bill was before the House. The Lord Chancellor then used these words:
"It would, I think, be idle to suggest that the police magistrates view with favour the proposals of the Bill. They were, I think, prepared to accept them or some modifications of them as an unfortunate necessity."
A little later on he says:
"So far as the magistrates are concerned I am sorry to say we have not succeeded in obtaining any substantial measure of agreement with either the proposals of the Bill as originally made or any modification to which I myself or the Home Secretary, on behalf of the Government, will consent."
It seems to me a somewhat serious matter if a Bill which has been described by several Members of the Government is brought down to this House from another place and we are assured on the Second Reading, in Committee, and on Report Stage by Members of the Government that the majority of those principally concerned in the Bill are in favour of it, and we have those assurances repeated over and over again in face of quotations by Members of this House from magistrates whom they have seen personally, as I have, or from whom they have received letters protesting against the statements by Members of the Government in this House that this Bill is accepted by magistrates themselves, and then we find the Lord Chancellor, as head of the Government in another place, frankly confessing that "these men are against them—
Against the Bill without the amendments, which he was then about to move, and did then move.
I will refer again to the exact words:
"We have not succeeded in getting any substantial measure of agreement with either the proposals of the Bill as originally made or any modification of them to which I myself or the Home Secretary on behalf of the Government would consent."
Those are the words which the Lord Chancellor used when he was actually moving the Amendments which brought the Bill into the form in which it comes down to this House.
You might go on.
He goes on to say:
"The amendments that I am about to propose in my view go as far in the direction of meeting the wishes of the Metropolitan Police Magistrates as is possible under the circumstances, and I believe that this zealous and efficient body of men will in future, when it becomes law, give it a cordial welcome."
Hear, hear!
I do not think that negatives the earlier words: he goes on,
and have expressed throughout ever since the matter was brought before them until this present moment—down to the last delivery of letters yesterday in the House. There is a point in the Bill as a whole to which no attention was drawn in any of the other stages and on which I would like to say a word in answer particularly to the arguments, which have been adduced in favour of women sitting as equal justices with the stipendiaries. We have been told that these are children's courts, and that being children's courts there is not the same need for the trained lawyer, but that there is need for the woman who has a certain insight into the child's character which no man can ever have. I am absolutely at one with these suggestions as to the good which a woman can do, and the special qualities which a woman has, which are so useful in dealing with children, but what I do want to point out is that these children who are brought up before these courts are brought up accused of an offence. They are brought up on the prosecution generally of the police, who, although they are not lawyers, are yet experienced in that particular calling. They have no one to defend them except the magistrate. I hear police magistrates over and over again in the police courts stopping the police and saying: "I want to remind you that not only am I the judge, but I am also the counsel for the defence as well." I think the hon. Member for Plymouth will admit—and anyone who knows anything about children, and women who have had experience of children, and those few men, perhaps, who have endeavoured occasionally to understand their own and other people's children, will admit this much—that if there is one thing which is important in the training of a child, it is that that child should not have a sense of injustice. One of the most fatal ways of driving a child into being a criminal is to make that child feel he or she has been treated unjustly.
What is the choice before us? To have that child accused of a crime which has not yet been proved, but brought up on the charge, under the care—I put it as high—of a trained and experienced lawyer, who knows the value of evidence, who knows when to ask a question, and when to be quiet, who knows what value to attach to an answer to a question. What is there between the choice of having the case in such care, and having it in the care of a man in that position, but hampered on each side by a layman or a laywoman, who may put an awkward question and upset the whole case, or who, without the same training and power to judge evidence, will overrule that professional magistrate, and in many cases cause a miscarrige of justice, which will do more to drive that young life into a life of crime in the future, than any harshness which might come from being tried before a mere male not modified by the presence of women? I feel so strongly on this Bill, that even at this late hour I respectfully ask the House to forgive me for saying a word or two on these particular points. I do want, in conclusion, to protest very strongly indeed against the accusations which have been made, that we who opposed this Bill have done so because we are opposed in some way to the advancement of women, or to the opening up of public life to them. In the first place, it is not only a very unfair statement, but the statement that the opponents of this Bill are those who have consistently opposed that principle is not in accordance with the facts.
Not all.
I am much obliged to the hon. Member for Plymouth, because it is something to get a correction of the careless statements she made in the course of her speech, and which illustrates the way a child will be judged by women.
Not in the House of Commons.
If I am to take it that the Noble Lady's suggestion is that, had she been sitting on the bench she would have been more careful than if she were speaking in the House of Commons, then I trust when she has been here long enough she will have a little more respect for the House of Commons.
Impossible.
Then it comes back to this, that we want a little more care on the part of some people, and that they should only say what they mean. It seems to me that this Bill is an example of one of the mistakes which women have made now that they have these opportunities open to them. There is no ques- tion here of womans equality. Before this Bill was ever printed or thought of women had every bit as much right in the stipendiary courts as men. These stipendiary magistracies were as much open to them in the course of time as they were to men. It is really a case—and very sad it is for some of us who have worked hard to get women into public life—of angels rushing in where even mere man is not fool enough to tread.
I wish to enter a protest about this Bill that is being passed to-night. There are two or three points that I wish to protest against. First of all, as to the misunderstanding that has been brought into the matter that there has been any question of those who have opposed the Bill being desirous of keeping women out of offices of Justice and the like. I have no feeling whatsoever, and I do not think any of us who have been against the Bill have in any kind of way wished to oppose women acting in the Courts. But I was rather surprised that the Home Secretary should have supported putting a professional barrister, who holds a post under the Crown, on an equality with amateurs in law matters. As a Justice of the Peace myself, I have no wish to sit on a par with barristers and those who occupy posts as professional justices. I think it is also a very severe reflection on the stipendiary magistrates in the past. The right hon. Gentleman, the Home Secretary, asked us this evening whether anyone knew of any stipendiary magistrate who objected to this Bill. Well, there is one that I know, and it happens to be the same as the one mentioned by the hon. Member for Ham. There was one who protested strongly against this Bill, and he informed me that all the stipendiary magistrates he knew were strongly against it. Another matter which I think is a reflection on the stipendiary magistrates is this, that in the past it was justices of the peace who held the courts in the Metropolis. As an improvement stipendiary magistrates were appointed and paid for, and there has been a great improvement in the administration of justice since they were appointed. They have had these Juvenile Courts for some time, and their administration has been greatly admired by American judges, and I cannot help feeling most strongly on their behalf, that whatever sweet words may be said about what they have done, it must be held as a great reflection on them that they have been put on an equality with two Justices of the Peace.
I was a member of the Committee on this Bill, and I voted against this matter we are now discussing, but as I had not an opportunity of giving my reasons then, I should like to state them now. We have heard most powerful arguments from the hon. Member for Westminster (Mr. Burdett-Coutts), the hon. Member for Chatham (Mr. Hohler), one of the Members for London, and other barristers, who surely ought to know what they are talking about, and they are strongly opposed to it. The stipendiary magistrates themselves, also, are obviously opposed to it. I am not going to repeat any of those arguments, strong as they are, but I am going back to the human one. A great deal has been made of the children, but it has been largely overlooked that these are children up to 16 years of age. Boys of 16 require very strong handling. Women are quite unfitted to deal with them. I have dealt with many boys— midshipmen, ordinary seamen, and other boys—in the Navy, and I really do know something about the character of boys. Furthermore, I tell you that nine-tenths of the juvenile criminals, as they are called, are boys. In my own family, two-thirds of the boys have been criminals and have been to the police court, but I do not think any of my sisters have. Who can deal best with a boy? A man who has been a boy himself, who knows what a boy is, sympathises with him, and knows him thoroughly. There are very few mothers who know all about their boys. On the contrary, their fathers, having been boys themselves, do know, and can understand them much better than their mothers. If any woman is needed for the little children about whom we hear so much, they have a most efficient officer in the woman probationer. There is no need for any more. I am strongly opposed to the introduction of two women magistrates, co-equal with the stipendiary magistrate, and possibly voting him down. If we go to a Division I shall certainly oppose this.
I want to deal with one very short point that arose out of the Second Beading Debate. The history of this Bill is this: Originally there was a Bill before the House of Lords which was in a different form from this Bill, though not in very material details —it had a central court, and there were other details. That came to an end in June, 1920. It was objected to in the House of Lords, and, without fighting on the question of procedure, it was practically withdrawn. The Government then discussed different Bills, but in substance they were this Bill, and it was the basis of this Bill that came before a meeting of magistrates on 23rd July, and they passed a resolution—unanimously passed it—a part of which has been read here to-day. In that resolution they stated that they unanimously disapproved of any change in the existing arrangements, but that if the Legislature decided in favour of having women justices for children's courts, the best system would be that such cases should be dealt with by a magistrate presiding over the court, with one woman justice assisting. They definitely and unanimously decided this. Since then I have corresponded with the magistrates—and the chief magistrate was present—and they have assured me that they were unanimous at that meeting. One magistrate doubted it, but since then he has written to me that he does not remember whether he was at the meeting or not, but certainly he agrees with the resolution Therefore, you have it unanimously from all the magistrates. That resolution was sent to the Home Secretary. In addition, a resolution was sent on behalf of all the women probationers in London. I have it here. It was sent to the Home Secretary. They passed a resolution unanimously to this effect:
"That in our opinion it is essential that probationer officers…"
and so forth. They object to certain other details, and then the resolution continues:
"We strongly feel that to appoint women justices in the same position as Stipendiary magistrates without exactly the same qualifications and training is to make a distinction between men and women which is not desired by women and is regarded by them as a retrograde step."
That was passed unanimously, and ordered to be sent to the Home Secretary. I came down to the House and spoke on the second reading in opposition to the Bill, and I made the statement more than once that the magistrates as a whole were against this Bill—the principle of this Bill, not the details in it, of course. I made that (Statement, and in the course of my speech I asked "Do these Police Court missionaries support the proposed change?
They will still be there.
Do they support this change?
Yes.
They do not. They are content with things as they are." [OFFICIAL REPORT, 1 November, 1920, col. 142, Vol. 134.]
The Home Secretary never told me or the House what I had not got then, that there had been this meeting of women, and that there had been a unanimous resolution deprecating the appointment of women magistrates.
It was not unanimous.
We went on under the idea that they were in favour of it, and when I said they were not, people said, "How can you say that." I said, "I have been told on good authority." I have got the document in my hand at the present moment, and the Home Secretary has received it, and knows what I am referring to. Then at a later stage the hon. Member for East Nottingham (Sir J. D. Rees) said: Probably the right hon. Gentleman did not remember the document I have read to the House, but it was the duty of whoever was instructing the right hon. Gentleman to see that he had these documents before him. It is vital to the interests of this House when the House asks for information of any kind, and there are documents not available to private Members, that those who instruct the Minister should give every sort of information to the Minister, so that when statements are made in the House, the House should not, however unintentionally, be misled in the very least. When you had the fact such as this, that the magistrates had unanimously said they were opposed to the course proposed, and that document existed, the right hon. Gentleman ought to have put it before the House if he had it.
It is absolutely vital that we should have the fullest information. We private Members, who cannot, of course, always get the information available to Government Departments, ought to have every information put before us, and be told what has been done much more fully than has been the case in connection with the Probationer Officers. I have already said all I want to say on the Bill as a whole, and I feel sure the House will forgive me for pressing this point. I can assure the right hon. Gentleman it is not a case of recrimination on my part, but I wanted to press this point because of the future.
I now have one word to say on the position of lay magistrates in London. Even if this Bill were passed, there is nothing in the world to prevent all these case being tried before the lay magistrates, if the prosecution think it should be done. Possibly in the future prosecutions may take place before the lay magistrates, who sit, men and women together, without any stipendiary with them. They sit for various purposes, to try weights and measures, and so forth, and, oddly enough, they try all School Board cases. All School Board cases are taken before the lay magistrates, and I still think it is an invidious slight to cast on the lay magistrates to say that only two of their number should be picked out to do this particular work when there are probably something like 13 who do the School Board work. I must apologise to the House for detaining them at this time of night, but it is not in any spirit of recrimination that I have been speaking, but merely to point out "what has happened with a view to preventing its repetition in the future.
I do hope the Home Secretary will answer these statements. The speech to which we have just listened from my hon. and learned Friend says that on the Committee stage the Home Secretary made exactly the same statement which he made on the Report stage this evening, and in both cases he was virtually contradicted by dozens of hon. Members in this House. My hon. and learned Friend says that he has no thought that my right hon. Friend the Home Secretary wished to mislead the House. I have no thought of that either, but I do think that now, at a quarter to two in the morning, the Home Secretary, of all people, ought to explain these accusations and to tell us——
Accusations of what?
Accusations that the Home Secretary used to the Committee exactly the same words he used to-night. On the Second Reading, and to-night, on the Report stage, the Home Secretary said, with regard to the statements made that stipendiary magistrates are not in favour of this Bill, that nothing could be further from the truth. Yet we have heard by name of many of those magistrates who are opposed to the Bill. We have just heard that the same statement was made by the Home Secretary on other stages of the Bill, and, as I understand it, the Home Secretary says that all my hon. Friends who have been quoting these letters, giving the names of the magistrates, some of whom announce the numbers who voted about it, are all making false statements, and that he, the Home Secretary, is quite correct when he says that these magistrates are in favour of the Bill. Again, when my hon. Friend the Member for Watford (Mr. Dennis Herbert) was speaking the Home Secretary said he was misquoting the Lord Chancellor. My hon. Friend was armed with Hansard, which he read, and I think the Home Secretary ought to explain to the House that he had misunderstood which part of the Lord Chancellor's speech was being referred to.
I did not misunderstand anything.
I hope my hon. Friends will go to a Division, and I shall certainly support them. On the Report stage, when he started all these Amendments, the Home Secretary took up the big stick of the Whips, saying he intended to put on the Government Whips, and that this was a matter of vital importance. I am sure my right hon. Friend the Leader of the House will be interested when he looks at the Division List tomorrow to see that practically all those voting against the Government are his best supporters, are those who are anxious to support the Government in these difficult times, are those who are prepared to sit up all night to get legislation, but who are not prepared to sit up if the Home Secretary is going to threaten them with whips and scorpions and try to frighten them into the Lobby, and, in addition, is going to make misleading statements, and then, when asked for an explanation as to why we have misunderstood him, content himself with saying that he has made no such statements at all. After listening to the Home Secretary's speech on the Report Stage I felt " Well, possibly it is because I am a Tory, and my right hon. Friend is not." Then I remembered what I read in a letter in the " Times " this morning about a split in the Coalition, and I was delighted afterwards to find that the leader of the Liberal Party made a speech in favour of the Government's point of view—a speech which was so statesmanlike, so reasonable, and in such a good House of Commons manner, that it very nearly converted me to vote for the Government. So I, at any rate, do not plead guilty to acknowledging that any feeling I have on this Bill is caused by the fact that my right hon. Friend and I belonged to different parties before the War. But, really, I think it is too bad that we should be asked to carry legislation at this hour of the night, when the Minister in charge of the Bill will not answer our speeches, and will not give us any explanation, simply refusing to do anything except to put on the Government Whips. I shall vote against the Bill.
Question put, " That the Bill be now read the Third time."
The House divided:—Ayes, 87; Noes, 34.
Division No. 416.] AYES. [1.49 a.m. Adamson, Rt. Hon. William Gibbs, Colonel George Abraham Parker, James Amery, Lieut.-Col. Leopold C. M. S. Gilbert, James Daniel Parry, Lieut.-Colonel Thomas Henry Archdale, Edward Mervyn Gilmour, Lieut.-Colonel John Pease, Rt. Hon. Herbert Pike Astor, Viscountess Hacking, Captain Douglas H. Pollock, Sir Ernest M. Baird, Sir John Lawrence Harmsworth, C. B. (Bedford, Luton) Pratt, John William Baldwin, Rt. Hon. Stanley Hayday, Arthur Pulley, Charles Thornton Barlow, Sir Montague Henry, Denis S. (Londonderry, S.) Raffan, Peter Wilson Barnston, Major Harry Hewart, Rt. Hon. Sir Gordon Reid, D. D. Barrie, Charles Coupar Hinds, John Roberts, Frederick O. (W. Bromwich) Barton, Sir William (Oldham) Hogge, James Myles Robinson, Sir T. (Lancs., Stretford) Benn, Sir A. S. (Plymouth, Drake) Hood, Joseph Sanders, Colonel Sir Robert A. Breese, Major Charles E. Hope, James F. (Sheffield, Central) Seddon, J. A. Bridgeman, William Clive Hopkins, John W. W. Shortt, Rt. Hon. E. (N'castle-on-T.) Brown, James (Ayr and Bute) Inskip, Thomas Walker H. Smith, W. R. (Wellingborough) Burn, T. H. (Belfast, St. Anne's) Kellaway, Rt. Hon. Fredk. George Stanier, Captain Sir Beville Cape, Thomas Kenworthy, Lieut.-Commander J. M. Strauss, Edward Anthony Carr, W. Theodore Law, Rt. Hon. A. B. (Glasgow, C.) Sturrock, J. Leng Casey, T. W. Lewis, Rt. Hon. J. H. (Univ., Wales) Sutherland, Sir William Chamberlain, N. (Birm., Ladywood) Lindsay, William Arthur Thorne, G. R. (Wolverhampton, E.) Cope, Major Wm. Loseby, Captain C. E. Watson, Captain John Bertrand Craig, Colonel Sir J. (Down, Mid.) Lynn, R. J. Williams, Aneurin (Durham, Consett) Davidson, J. C. C.(Hemel Hempstead) M'Lean, Lieut.-Col. Charles W. W. Williamson, Rt. Hon. Sir Archibald Davies, Evan (Ebbw Vale) Maclean, Rt. Hon. Sir D. (Midlothian) Wilson, Daniel M. (Down, West) Davies, Thomas (Cirencester) Macpherson, Rt. Hon. James I. Wilson, Colonel Leslie O. (Reading) Edge, Captain William Moore-Brabazon, Lieut.-Col. J. T. C. Wilson, W. Tyson (Westhoughton) Edwards, Major J. (Aberavon) Morgan, Major D. Watts Yeo, sir Alfred William Elliott, Lt.-Col. Sir G. (Islington, W.) Murchison, C. K. Young, Lieut.-Com. E. H. (Norwich) Eyres-Monsell, Commander B. M. Murray, John (Leeds, West) Fremantle, Lieut.-Colonel Francis E. Neal, Arthur TELLERS FOR THE AYES.— Ganzoni, Captain Francis John C. Newman, Sir R. H. S. D. L. (Exeter) Captain Guest and Lord Edmund Talbot.
NOES. Adair, Rear-Admiral Thomas B. S. Foxcroft, Captain Charles Talbot Samuel, Samuel (W'dsworth, Putney) Adkins Sir William Ryland Dent Hall, Lieut.-Col. Sir F. (Dulwich) Sprot, Colonel Sir Alexander Atkey, A. R. Hamilton, Major C. G. C. Stanton, Charles B. Balfour, George (Hampstead) Hohler, Gerald Fitzroy Stewart, Gershom Borwick, Major G. O. Hunter, General Sir A. (Lancaster) Townley, Maximilian G. Boyd-Carpenter, Major A. Locker-Lampson, G. (Wood Green) Wild, Sir Ernest Edward Brown, Captain D. C. Lorden, John William Williams, Lt.-Com. C. (Tavistock) Burdett-Coutts, William Lort-Williams, J. Wills, Lieut.-Colonel Sir Gilbert Campion, Lieut.-Colonel W. R. Manville, Edward Cockerill, Brigadier-General G. K. Molson, Major John Elsdale TELLERS FOR THE NOES.— Courthorpe, Major George L. Nicholson, Reginald (Doncaster) Captain Bowyer and Mr. Dennis Herbert. Curzon, Commander Viscount Ramsden, G. T. Ford, Patrick Johnston Rawlinson, John Frederick Peel
Bill read the Third time, and passed.
Supply
Considered in Committee.
[Mr. WHITLEY in the Chair.]
Civil Services and Revenue Departments Supplementary Estimate, 1920–21
(CLASS 7.)
National Health Insurance Commission (Ireland)
Motion made, and Question proposed,
"That a Supplementary sum, not exceeding £68,540, be granted to His Majesty, to defray the Charge which will come in course of payment during the year ending on the 31st day of March, 1921, for the salaries and expenses of the Insurance Commission (Ireland), and for sundry contributions and grants in respect of the cost of benefits and expenses of administration under the National Insurance (Health) Acts, 1911 to 1920 (including certain Grants-in-Aid)."
I beg to move, "That the Chairman do report Progress, and ask leave to it again.
2.0 A.M.
We have now had a Debate running for several hours on a not unimportant subject, and I am quite certain that it will be generally agreed that there was no undue length of discussion, because everybody, on whichever side he spoke, was obviously quite in earnest. That happens very frequently, but sometimes it does not happen. There are on the Order Paper other Orders besides the Supplementary Estimates, and I am sorry to say that one of them is a very contentious measure—the Official Secrets Bill. Two or three hon. Members of this House, including myself, feel it their duty to bring out some public points in connection with it. There will be no prolixity in the arguments addressed to the Committee, but it is a very important measure. I am sure my right hon. Friend (Mr. Bonar Law) and everyone else will agree as to the undesirability of attempting these great and important Supplementary Estimates at this time. We are approaching the end of the Session, and there always is this pressure at such a time. I do not go into that question now, because I propose, before the Session ends, to address a few faithful remarks to my right hon. Friend on that topic. This pressure always happens, but on nothing like the present scale, and I quite realise that in order to get through the business you must sit at exceptional hours and do exceptional things. We are going to sit tomorrow with the 5 o'clock rule suspended, and on Saturday also. The real trouble is the Dyestuffs Bill. I cannot say tonight how long that is likely to take, but hon. Friends of mine who have taken a great interest in this measure have been engaged for some hours in eliminating Amendments with a view to presenting to the House only those which, in their view, at any rate, are of substance. I cannot say, however, how long that discussion will take, but they bear in mind, as we all do, that to start a discussion on a number of Amendments at 12 o'clock is different from starting at 4 o'clock. I cannot go further than that except to say this, that I can assure my right hon Friend that the discussion on that Bill will not take the nature of an obstructive discussion. That being the case I do ask him not to proceed with these Supplementary Estimates to-night. I cannot make a fairer offer than that just now, and anything that I can do to assist the Session being - wound up before Christmas I certainly will do. I hope he will meet me.
I can only say that I believe the speech of my right hon Friend. I have said many times in the last week that we can only end the Session before Christmas with the support of the House. I certainly welcome the promise from my right hon. Friend to assist us with that end in view. He has said quite rightly that the discussion of the last three hours could not be considered by any Government in the nature of obstruction. But discussions can take different forms, and sometimes have different objects. I have been accustomed to that very often in the past. I do not in the least resent it. But it is quite obvious that unless there is assistance we cannot get up before Christmas. What I understand my right hon. Friend means is this, and, if so, I gladly accept it on behalf of the Government—he is going to give me the faithful words later on—that the business has been so badly managed let us bring it to an end. I do not ask him to make a definite pledge beyond what he has made in his speech, that we shall be able to bring the Dyestuffs Bill to a conclusion at a reasonable time to-morrow.
I cannot promise the Third Reading.
Can my right hon. Friend promise to do his best to give the Third Reading?
I will tell you quite frankly what is in my mind. What 1 thought is this: If the Report stage of the Bill be finished to-morrow, or Saturday, you could take the Third Reading as the first Order. I am sure that will not take very long. Some speeches will have to be made on the matter, but I am quite certain it will not be long. After that you might go on with the Supplementary Estimates at a reasonable hour, and I think you might finish them, meeting as the House is at twelve o clock. That is all I can say.
My right hon. Friend is not in a position to give any definite pledge, but what I understood him to say is exactly what he has now expressed. There is the hope that we may possibly get the Third Reading, that is, if the Report stage be concluded, and then begin the Supplementary Estimates on Saturday at twelve o'clock. On that understanding, I am quit willing—if we get the other Bill to-night—to accept the motion.
Question, "That the Chairman do report Progress, and ask leave to sit again," put, and agreed to.
Committee report Progress; to sit again To-morrow.
OFFICIAL SECRETS BILL [Lords]
Considered in Committee.
[Mr. WHITLEY in the Chair.]
CLAUSE 1.—(Unauthorised use of uniforms; falsification of reports, forgery, personation, and false documents.)
(1) If any person for the purpose of gaining admission, or of assisting any other person to gain admission, to a prohibited place, within the meaning of the Official Secrets Act, 1911 (hereinafter referred to as "the principal Act"), or for any other purpose prejudicial to the safety or interests of the State—
( a ) uses or wears, without lawful authority, any naval, military, air-force, police, or other official uniform, or any uniform so nearly resembling the same as to be calculated to deceive, or falsely represents himself to be a person who is or has been entitled to use or wear any such uniform; or
( b ) orally, or in writing in any declaration or application, or in any document signed by him or on his behalf, knowingly makes or connives at the making of any false statement- or any omission; or
( c ) forges, alters, or tampers with any passport or any naval, military, air-force, police, or official pass, permit, certificate, licence, or other document (hereinafter in this section referred to as an official document), or uses or has in his possession any such forged, altered, or irregular official document; or
( d ) personates, or falsely represents himself to be a person holding, or in the employment of a person holding office under His Majesty, or to be or not to be a person to whom an official document or secret official code word or pass word has been duly issued or communicated, or with intent to obtain an official document, secret official code word or pass word, whether for himself or any other person, knowingly makes any false statement; or
( e ) uses, or has in his possession or under his control, without the authority of the Government Department or the authority concerned, any die, seal, or stamp of or belonging to, or used, made or provided by any Government Department, or by any diplomatic, naval, military, or air force authority appointed by or acting under the authority of His Majesty, or any die, seal or stamp so nearly resembling any such die, seal or stamp as to be calculated to deceive, or counterfeits any such die, seal or stamp, or uses, or has in his possession, or under his control, any such counterfeited die, seal or stamp;
he shall be guilty of a misdemeanour.
(2) If any person—
( a ) retains for any purpose prejudicial to the safety or interests of the State any official document, whether or not completed or issued for use, when he has no right to retain it, or when it is contrary to his duty to retain it, or fails to comply with any directions issued by any Government Department or any person authorised by such department with regard to the return or disposal thereof; or
( b ) allows any other person to have possession of any official document issued for his use alone, or communicates any secret official code word or pass word so issued, or, without lawful authority or excuse, has in his possession any official document or secret official code word or pass word issued for the use of some person other than himself, or on obtaining possession of any official document by finding or otherwise, neglects or fails to restore it to the person or authority by whom or for whose use it was issued, or to a police constable; or
( c ) without lawful authority or excuse, manufactures or sells, or has in his possession for sale any such die, seal or stamp as aforesaid;
he shall be guilty of a misdemeanour.
(3) In the case of any prosecution under this Section involving the proof of a purpose prejudicial to the safety or interests of the State, Sub-section (2) of Section one of the principal Act shall apply in like manner as it applies to prosecutions under that Section.
I beg to move, to leave out, in Sub-section (3), the words "or for any other purpose prejudicial to the safety or interests of the State."
Hon. Members who study these Amendments that I have put on the Paper will observe that this is one of the most important. This Bill, according to the Government, is simply intended to deal with people who forge passports, passes, official permits, and things of that sort. It is meant, according to the Government, to stop a few gaps in the Official Secrets Act of 1911 as the result of war experience and so on. That is the official case. But according to their supporters and according to the wording of the Bill, this Bill, should it go to the Statute Book, will arm them with powers of prosecuting opinion which would be extraordinarily dangerous. The learned Attorney-General, who is always very fair in all his arguments and extremely lucid, shakes his head. He says, "Oh, it is quite impossible that anything of this sort is in our minds." I daresay he is quite right.
It is not only not in our minds; it is not in the Bill.
I may not be able to persuade the Attorney- General, but I hope hon. Members—
What Bill is this?
You will not understand it in any case.
I want to know what Bill it is.
I am sorry I was not speaking loud enough for the hon. Member. It is a very important matter, and I hope he will not miss a word that I am saying. This Bill, I say, does arm the Executive with powers which the Attorney-General, if he himself were exercising them, would use fairly. He is a most liberally-minded Minister in every way, and he does not want to persecute persons for their opinions. But we think it extremely dangerous to arm the present Executive with these further powers.
I should like to know what he is talking about.
The hon. Member has moved an Amendment on the Official Secrets Bill. We cannot have a general review of the Bill on the Amendments, although his first Amendment does to some extent raise the point on which he can draw a statement from the Government.
This first Amendment is of very great importance, because if I succeed in carrying it, it will narrow down the Bill to what I may call legitimate limits. We on these Benches are as anxious as any other hon. Members to arm the Government with official powers for dealing with spies, espionage, and that sort of thing. If this Amendment is carried it will leave the Government these powers, but it will, in our opinion, remove the objectionable powers which might be misused by the Executive. They are exceedingly powerful, and we feel that we are bound to resist. If my Amendment were carried the words remaining in the Clause would be as follows:
"If any person for the purpose of gaining admission, or of assisting any other person to gain admission, to a prohibited place, within the meaning of the Official Secrets Act, 1911 (hereinafter referred to as the principle Act),
( a ) uses or wears, without lawful authority, any naval, military, Air Force, police, or other official uniform, etc."
That is quite legitimate and is a proper object for the Government to seek to frustrate. We have just as little sympathy with using police or military uniform as has the right hon. Gentleman, and we would like to see the Executive armed with powers for dealing with that sort of offence, but the words I wish to leave out are:
"or for any other purpose prejudicial to the safety or interests of the State."
We contend that those words have too wide a meaning. I do not want to prolong my remarks. I have already made my preliminary statement, but the learned Attorney-General seems to treat this matter very lightly indeed. I would point out to him that in another place this Bill was treated very seriously, and we expect the same thing here. We look on this Bill as an attack on the liberty of the subject. The words
"or for any other purpose prejudicial to the safety or interests of the State,"
have the widest possible meaning, and I contend that they are unnecessary. I hope that the Governemnt will accept the following Amendment covering the whole of the offences for which the Executive may legitimately ask for powers for preventing espionage and the offences in the Act of 1911. But these words would arm the Executive with powers which would enable them to make war. These powers have been used in Prussia and other countries, but the people in this country have resisted every attempt to curtail their freedom. It is impossible—
Some people are impossible, and you are one of them.
Some of us have differed with the Government's view of the relations of this country with the former Empire of Russia. That does not mean to say that we in any way approve of the methods adopted—
The right hon. and gallant Member is really too wide in his remarks. I am anxious to help him on every point, but the Amendment now before the Committee deals with one specific point. The hon. and gallant Member wants to deal simply with the effect of leaving out the words which he proposes to leave out.
I was endeavouring to anticipate a possible attack from a further direction, but I will not pursue that subject further. We are not opposed to fair comment, but, if this Amendment were accepted, it would remove many of our objections to the Bill and we should not desire to press other Amendments. I hope that the right hon. and learned Gentleman, the Attorney-General, if he cannot accept this Amendment, will, at any rate, give some reassurance on a matter which has alarmed us and many worthy and patriotic citizens.
And the Bolshies!
The speech to which the Committee has just listened is an echo of a good deal of what was said in the course of the debate on the Second Beading. On that occasion the hon. and gallant Member who has moved this Amendment was present only during part of the debate—
:Very unusual for me!
It is quite evident from what he said that he still cherishes the belief that in some way or other this Bill is aimed at opinion or at the suppression of opinion, and that this particular Section is so aimed. Nothing could be further from the truth, and if the hon. and gallant Member would be so good as to look once more at the Clause which he is attacking, I think that would be made plain. What this Amendment proposes to leave out are the words
"or for any other purpose prejudicial to the interests or the safety of the State."
Where do those words come from? They come from the Act of 1911, which it is the function of this Bill to amend. The words in that Act are:
"If any person for any purpose prejudicial to the safety or interests of the State"
does any one of a series of things stated in that Section, certain consequences follow. Now, here, in order that a person shall bring himself within the mischief of this Clause, it is not enough that he should
"use or wear, without lawful authority, any naval or military uniform "—
it is not enough that he should
"orally or in writing in any declaration or application or in any document signed by him or on his behalf knowingly make or connive at the making of any false statement or any omission";
It is not enough that he should
"forge, alter, or tamper with any passport or any naval, military, Air Force, police or official pass, permit, certificate, licence, or other document";
It is not enough that he should
"personate or falsely represent himself to be a person holding, or in the employment of a person holding, office under His Majesty";
Something further is required in order that he may come within the mischief of this Clause. He must do one of these things:
"for the purpose of gaining admission, or of assisting any other person to gain admission, to a prohibited place within the meaning of the Official Secrets Act, 1911," or for some other purpose prejudicial to the safety or interests of the State—
"Any," not "some."
"Any" and "some" mean the same thing. "Some" is "any." You cannot have a wider word than "any." What would be the effect if these words were left out? You would have a ridiculous contrast between the terms of the amending Bill, and the terms of the original Act. It would be said that there are some purposes prejudicial to the safety or interests of the State for which a person is permitted to do some or all of these acts. I should like to know what those purposes are. What legitimate purpose can a person have in view for which he wears, without lawful authority, naval, military, air force, or police uniform? For what legitimate purpose can he, orally or in writing, "knowingly make any false statement" in a declaration or application, and so forth? This Bill has nothing to do with opinion; it is aimed at spying and the acts of spies and their accomplices and assistants.
With very much respect, I find myself unable to agree with the somewhat narrow interpretation which my right hon. and learned Friend has put upon the Clause. I agree with a large proportion of what he has said, and I am certain that to some extent it removes the fears in the mind of my hon. Friend. What I want to put to the right hon. Gentleman is that these words "or any other purpose prejudicial to the safety or interests of the State" are an extension of the Statute of 1911 from which he has just quoted. That Statute, if he will look at it, says that any person who for any purpose prejudicial to the safety or interests of the State approaches, makes any sketch, maintains any communication with any other person, and so on, in connection with a prohibited place within the meaning of that Act. Here is the addition: This Bill, and I say quite rightly, adds to the original Act. If my right hon. Friend can make it clear that these additional offences are no real wide extension of the Act of 1911, then I say he goes a good way to meet me, but as I understand if these words mean this, that if any person who orally or in writing, and so on, for any other purpose which is deemed prejudicial to the safety or interests of the State. These words are extremely wide, and who has got to construe them? A judge of the High Court. This is the point. It puts into the hands of the executive the power which at present they do not possess of bringing before the courts of the country any person whom they deem to have connived at the making of a false statement. In the course of time a very large number of citizens of this country connive at the making of false statements, but these are not armies, and the danger is that you are going to leave it to the option of some officer of the Government to bring before the court a man who may have made a false statement and say " that is prejudicial to the safety or interests of the State." That is a very large extension of the existing law, but my right hon. Friend may make it clear that that is in connection solely with what is known as spying, or is associated with prohibited places. Further extensions of the powers of the executive to deal with opinions, and leaving it in the power of the executive to turn into charges requires the most careful examination before getting legislative effect.
It really is desirable, if one is intelligently to criticise this Bill, to do two things. One is to read the Bill, and the other is to read the Act which the Bill is to amend. What is Section 1 of the Official Secrets Act, 1911? It is a Section which is dealing with penalties for spying and it is quite inaccurate to say that its scope is limited to the case of persons who would for a wicked purpose approach a prohibited place. That is only one thing. Let me read the whole. Section 1, Sub-section 1 of the Act of 1911 provides as follows:
"If any person for any purpose prejudicial to the safety or interests of the State, (a) approaches or is in the neighbourhood of, or enters any prohibited place within the meaning of this Act, or (b) makes any sketch, plan, model or note which is calculated to be or might be or is intended to be directly or indirectly useful to an enemy, or (c) obtains or communicates to any other person any sketch, plan, model, article or note, or other document or information which is calculated to be or might be- or is intended to be directly or indirectly useful to an enemy he shall be guilty of felony."
There are various Acts referred to., and they have this ingredient in common— that they are done for some purpose prejudicial to the safety or interests of the State. That is the law as it now stands. The present Bill is intended to supplement that law not in the sense of making some entirely new departure, but in the sense of making certain ancillary provisions, the better to secure the end already sought to be secured. To take as an example the " prohibited place," the Bill says that not only shall it be an offence, as the Act of 1911 provides, for a person for a purpose prejudicial to the safety or interests of the State to approach a prohibited place, but if he wears military uniform without authority in order to gain admission to that place, or if he forges or alters a passport to gain admission, or if he does some other specified act to gain admission, he commits an offence. But, of course, these words relating to prejudicial purpose refer to what is dealt with in the principal Act. It could never be contended that in a Bill to amend the Official Secrets Act, 1911, and clearly referring to the first Section of the Act of 1911, the words " purpose prejudicial to the interests or safety of the State " referred to something of a different character from that which was being dealt with in 1911, which is the matter of spying. It is a question of construction. It would be, in my submission, hopeless to maintain that these words had any other or larger meaning.
The words in the Statute refer to communicating to any person any sketch, and so on, "which is calculated to be or might be or is intended to be "—very wide words:— " directly or indirectly useful to an enemy." Will my right hon. Friend tell me would these words be read as applying? The original words are "or for any other purpose prejudicial to the safety or interests of the State," and to this would be added "which is calculated to be or might be or is intended to be directly or indirectly useful to an enemy." If those words are there by implication I have nothing more to say.
I have not the least doubt about it.
Is there any reason why they should not be put in? It would shorten the thing tremendously, and I would have nothing more to say on the point. After the experience, of the war I agree that some further words are necessary.
It is really most difficult to meet suggestions of this character. They seem to assume that the learned judges who have to construe Acts of Parliament are children. Some of the Amendments which I am coming to a little later assume a similar thing, namely, that in an Act of Parliament it is not enough to say a thing once, you must go on saying it half a dozen times. The reason why I say it is not necessary to take out the words now proposed to be omitted is that, so far as that omission would have a legitimate purpose, the Bill read with the Act of of 1911 already makes the matter sufficiently plain. The notion that you have got, to adopt some other words to make it plain to the man in the street or to children in schools—well, to whom are you going to make it plain? I cannot imagine a sensible person saying that you were prosecuting opinion because you prosecuted a man for wearing a uniform or for forging a passport for a sinister purpose. If one entirely forgot how to read Statutes, if one closed one's eyes to the Statute of 1911, and if one forgot that this Bill is a Bill to amend that Statute, then there might be something in this complaint. If that hypothesis is seriously entertained I will try, in order to save time, to put in some words in paragraph ( b ).
The ordinary man, if he were not a lawyer, reading this Clause would imagine that "any other purpose prejudicial to the safety or interest of the State, meant what it said. Reading the rest of the Clause he would ask if he wore policeman's uniform whether he would be charged with doing it for some purpose detrimental to the interests of the State and be punished under this Act. It is quite possible that some official might use this Act to frighten or interfere with a citizen who did not really come under the Act at all. It would be an enormous advantage if the Attorney-General would amend the Clause so that it could not be misunderstood and so that it does not say "for any other purpose" when it is limited to a number of purposes.
Suppose those words, "or any other purpose prejudicial to the safety or interest of the State," followed the word "place" and came before "within," then there would be the limitation which the right hon. Gentleman suggests. If he would transpose those words I would feel satisfied.
In order to save time I will again explain. The Bill is entitled "An Act to Amend the Official Secrets Act, 1911.' The first Clause refers to the first Section of that Act and borrows its phrases. When you see "prohibited place" in line 2, you find the words added "within the meaning of the Official Secrets Act, 1911." The words "for any other purpose, etc." are then lifted bodily out of the Act of 1911. It is inconceivable to me that any court in the country could possibly misconstrue those words. But let us have no shadow of doubt, if saying it twice will save another hour. I am prepared to put in these words, after "State," in line 9, "within the meaning of the said Act." By implication, of course, the words are there already.
I am very much obliged to my right hon. and learned Friend. It will very much shorten the discussion if these words are inserted.
We will require to have the present Amendment withdrawn.
I beg leave to withdraw.
Amendment, by leave, withdrawn.
Amendment made: In Sub-section (1), after the word "State" ["interests of the State"], insert the words "within the meaning of the said Act."—[ Sir G. Hewart. ]
In these circumstances, does the hon. and gallant Member move to leave out sub-paragraph ( b )? Would he not be better served if he moved the next Amendment, which brings out the point I think he has in mind?
I beg to move, in Sub-section (1), paragraph ( b ), after the word "document," to insert the words " of the nature hereinafter described."
I am much obliged to the Attorney-General for putting in those words, which may be of some assistance to a poor man or woman at some time. I did wish originally to leave out the whole of subparagraph (6), which I thought was dangerously wide, but the course which you suggest, Mr. Whitley, might be better. On the Second Reading the learned Attorney-General did inform us that the word " hereinafter " controlled sub-paragraph ( b ), and I thought there would be no objection to having the words I put down inserted. May I tell the Attorney-General what sort of person it is who cannot understand this Act? It is some poor man, poor in the financial sense, who cannot afford a lawyer or counsel, who may be taken up not to-day or to-morrow, but during some period of "Spyitis."
He will be backed by the "Herald."
We cannot afford to be too careful of the rights of a man like that. It is that sort of man who wants the help of the clearest possible words that can be put into the Act.
The hon. Member is under a misapprehension. He is confusing the word "document" in paragraph ( b ) with the word " document " in paragraph ( c ), which means passport, permit, certificate, licence, and so on. The word " document " in ( b ) is not so limited, and if he will read the whole of the words in ( b ) he will see that the man who is the defendant is not the person who signs the passport, but the man who makes the declaration or the application in order that somebody else may sign a passport for him. What is referred to there is the kind of false statement which is made to get such a document as a passport or a permit, and now that it has been made trebly clear that each limb of this (a), (b), (c), (d) is governed by the words referring to the first section of the principal Act. I should have thought that the meaning of these words was sufficiently obvious.
I beg leave to withdraw.
Amendment, by leave, withdrawn.
I beg to move, in Sub-section (1), paragraph (c), to leave out the word "other" ["or other document"], and to insert instead thereof the words "any similar."
I would like to be quite certain whether this is the same thing or not. I read the two Amendments very carefully, and it seems to me that the words of the hon. and gallant Member for Maidstone are rather clearer. I am not prepared to press the point, but to my mind the words "or other similar document" are clearer than the word "other document of similar character."
I cannot agree for two reasons. In the first place, if the hon. and gallant Member will look at the words that follow, namely, "hereinafter in this Section, etc.," he will see that it is conceivable that difficulties may arise if we put in the words he proposes. The second reason is that the words of my own Amendment, "of a similar character," which I propose in a moment to move, are the words which were agreed upon with the gentlemen representing the newspapers. I wish to carry out that bargain, not only in the spirit, but in the very letter, and accordingly I shall propose to put in the words " of a similar character."
I beg leave to withdraw.
Amendment, by leave, withdrawn.
Further Amendment made: In Subsection (1), paragraph (c), after the word " document " [" or other document "], insert the words "of a similar character."— [Sir G. Hewart.]
I beg to move, in Sub-section (2, b ), to leave out the words
"or on obtaining possession of any official document by finding or otherwise, neglects or fails to restore it to the person or authority by whom or for whose use it was issued, or to a police constable."
Hon. Members will see that the Clause reads:
"…any other person to have possession of any official document issued for his use alone, or communicates any secret official code word or pass word so issued, or, without lawful authority or excuse, has in his possession any official document or secret official code word or pass word issued for the use of some person other than himself."
To those words I do not take any exception. It is the following words—
"…or on obtaining possession of any official document by finding or otherwise, neglects or fails to restore it to the person or authority by whom or for whose use it was issued, or to a police constable."
I submit to the Committee that this is another case of inventing new offences.
In order to understand the proposed Amendment of this part of this Sub-section, it is necessary to remember the definition which has been given of an " official document" in the first Clause. When we come to Clause (1, c ) we find these words.
"any passport or any naval, military, air-force, police or official pass, permit, certificate, licence or other document of a similar character (hereinafter in this section referred to as an official document."
That is to say, you are warned that, as you go on in this Section, you will come across the words " official document " and that wherever you see those words " official document " they are defined in that way. Now what Clause 1 (2, b ) provides is that on obtaining possession of any passport or the like, by finding or otherwise, if a person neglects or fails to restore it to the person or authority by whom or for whose use it was issued, or to a police constable, he is guilty of a misdemeanour. The hon. Member is not correct in thinking that that is aimed at the spy himself or aimed solely at the accomplice of the spy. Part of the mischief is this, that passports and permits which are properly issued to certain persons may be left about or lost and other persons find them and keep them. Because they are found and kept they then become available in the hands, it may be, of a dangerous person. Therefore if a person finds a passport or document of that character and keeps it, though he has no right to keep it, and does not hand it over to the person to whom it belongs, or to a police constable, he is guilty of an offence. Of course, if the man showed that the document was in a language which he did not understand, and he did not know what sort of document it was, that would be a perfectly good answer. But that is not a reason for not making the provision in the Bill, that persons who find and keep, and so make available for illicit purposes, docu- ments of this particular character are to be subject to punishment.
Amendment negatived.
I beg to move to leave out Sub-section (3).
The learned- Attorney-General, if I may say so, gives very good advice when he urges people to read the principal Act. I did that after this Bill came down from another place. I thought this Sub-section was very necessary until I read these words. I am now reading Sub-section 3 of Section 1 of the principal Act, which reads as follows: bonâ-fide prosecution of a spy or a person aiding or abetting a spy. We want to narrow this Act down as much as possible without in any way prejudicing the powers of the executive to deal with espionage and we think these words should not be left in.
To this I take no objection. But these words, coupled with the other paragraph, which we are told are so harmless, will explain why we very honestly think that this Bill will be so dangerous. They are too wide for peace legislation. I think hon. Members who have heard these words read from the Principal Act and also heard the argument of the learned Attorney-General, will agree with me that these words rather render the impression of innocuousness which the right hon. Gentleman certainly conveyed.
Makes it impossible for you.
In these circumstances I feel we are quite justified in pressing to leave out the Subsection (3). It really does not weaken the valuable parts of the Bill in the least.
3.0 A.M.
The particular Amendment that we are dealing with here, is an Amendment relating to the mode of proof. The hon. Member seems to forget that the words "purpose prejudicial to the safety or the interests of the State," are borrowed in this Bill from the Act of 1911. Under this Bill as under the principal Act the question of purpose may be very material. What we do in Sub-section (3) is to carry forward from the principal Act the pro vision which is contained in that Act as to the mode of proof. How are you to prove a person's purpose? Of course if a man says, "this is my purpose," that is some evidence that it is his purpose. It may of course be evidence of the exact opposite, but. in the absence of a clear statement you have to prove his purpose from his conduct. We are dealing with spies and the assistants of spies. How are you to prove their purpose? Now, the Section in the principal Act provides that you need not of necessity prove a particular Act in order to prove the purpose. It is enough if from the circumstances of the case or the conduct of the accused or his known character as proved, it appears that his purpose was prejudicial to the State. The hon. Member dwelt upon the word "apears." The word "appears" is very often loosely used but when it is in an Act of Parliament what is meant is that that is the proper inference from the evidence. "It appears, it is made plain,"—that his purpose was a purpose prejudicial, etc. How can it be unreasonable that that provision regarding the mode of proof which is contained in the principal Act shall be carried forward to these other matters, similar to the matter of the principal Act, which this Bill provides for?
Amendment negatived.
Clause, as amended, ordered to stand part of the Bill.
CLAUSE 2.—(Communications with enemy agents to be evidence of commission of certain offences.)
(1) In any proceedings against a person for an offence under section one of the principal Act, the fact that he has been in communication with, or attempted to communicate with, a foreign agent, whether within or without the United Kingdom, shall be evidence that he has, for a purpose prejudicial to the safety or interests of the State, obtained or attempted to obtain information which is calculated to be or might be or is intended to be directly or indirectly useful to an enemy.
(2) For the purpose of this section, but without prejudice to the generality of the foregoing provision—
( a ) A person shall, unless he proves the contrary, be deemed to have been in communication with a foreign agent if—
( b ) The expression " foreign agent " includes any person who is or has been or is reasonably suspected of being or having been employed by a foreign power either directly or indirectly for the purpose of committing an act, either within or without the United Kingdom, prejudicial to the safety or interests of the State, or who has or is reasonably suspected of having, either within or without the United Kingdom, committed, or attemped to commit, such an act in the interests of a foreign power:
( c ) Any address, whether within or without the United Kingdom, reasonably suspected of being an address used for the receipt of communications intended for a foreign agent, or any address at which a foreign agent resides, or to which he resorts for the purpose of giving or receiving communications, or at which he carries on any business, shall be deemed to be the address of a foreign agent, and communications addressed to such an address to be communications with a foreign agent.
I beg to move, in Sub-section (1), to leave out the words " or interests."
It seems to me that this Clause, which deals with enemy agents—
:Foreign agents.
Yes, but the Short title says "enemy agents."
Might I suggest, Mr. Whitley, that the hon. and gallant Member should be allowed to raise all his points, on this first Amendment, which are contained in his subsequent Amendments on this Clause? This Amendment more or less covers those points. It might tend to shorten the proceedings, and will enable the hon. and gallant Member seriatim to make his points for the Attorney-General to reply to.
I think that might be done if the hon. and gallant Gentleman will put his points in the form of questions to the Attorney-General. Then he can have an answer, and we can proceed.
This is my question about "interest." Why not leave us to deal with the safety of the State, in which we are all interested, and leave out the words "interests," which might be construed as having a political meaning. These words are extremely objectionable.
Would the Attorney-General enlighten me on one point? The words "foreign agents" are used here, and the marginal note says "Communications with enemy agents." If " foreign agents " means "enemy agents," of course, there is nothing more to be said about that, but it does appear as if the words " foreign agents " would include persons employed by a foreign power. Does this Clause bring within its ambit any foreign agent other than a foreign agent who is a person who has or can be reasonably suspected of being in communication with persons inimical to this country?
I will deal with these points in the order in which they have been put. As to the objection raised to the words "or interests," the answer is that they are taken from the Act of 1911, which says, "purpose prejudicial to the safety or interests of the State." It is obvious that certain matters cannot be said without exaggeration to imperil the safety of the State, but they go sufficiently far in that direction to be prejudicial to the interests of the State. Therefore those who were responsible for the Act of 1911 put in "safety or interests." We did not invent that phrase. We are simply carrying on the vocabulary of the 1911 Act, and if we were to leave out the words " or interests " in the amending Bill it would make it possible to found a legal argument upon the fact that the phrase was in the principal Act but not in the Amending Bill, and it might be said that while the mischief that was aimed at by the principal Act included purposes prejudicial to the safety or interests of the State, yet, in order to come within the amending Bill, you would have to find something prejudicial to the actual safety of the State. Why limit it in that way? We are dealing with the methods and manœuvres of spies and their accomplices.
I come now to the question of foreign agents. It is to be observed that the marginal note is no part of a Statute, and when my right hon. Friend says that "enemy agents" appears in the margin, that is only a concise expression of two ideas, one of which he will find in Subsection (1) and the other in Sub-section (2). Sub-section (1) says: been in communication with, or has attempted to communicate with, a foreign agent within or without the United Kingdom is to be evidence that he has, for a purpose prejudicial to the safety or interests of the State obtained, or attempted to obtain, information calculated to be of use to an enemy. In other words, where proceedings of that kind have been instituted, the fact that the accused person has been in communication with a foreign agent will itself be evidence that he has, for purposes prejudicial to the interests or safety of the State, obtained, or attempted to obtain, certain information. Then we come to the latter part of this Clause. What does " a foreign agent " mean? The expression "foreign agent " would, of course, include a person against whom it is proved by evidence from other quarters that he was undoubtedly a spy. But short of that the expression " foreign agent " includes, as this Clause provides, any person who is, or has been, or is reasonably suspected of being, and so on, in the words of 2 (2) ( b ). You may prove otherwise that a man is in fact a foreign agent, but, if you cannot, it is enough that he satisfies the description given in ( b ).
Is not the phrase "foreign agent" too wide. The right hon. Gentleman has not called attention to the words "without prejudice to the generality of the foregoing provisions." When you look down below you must not forget that paragraph ( b ) is without prejudice to the generality of the expression "foreign agent." Therefore it includes not only what is in ( b ) but any foreign agent, I take it. Is not that much too wide? Is not the fact that "enemy agents" is used in the margin an indication that "enemy agents" should be used in the text? We are all most anxious that the Government should have the necessary power, but it is desirable that they should not go beyond what is necessary in the interests of the State.
May I say that I am wondering why the time of the House is being taken up at this early hour of the morning with objections of this kind. I understood that every Member of this House was British. I suppose there are people who hold different views on the matter, and I suggest that the opposition to the suggestions of the Government and the Attorney-General appear to come from places, in my opinion, of a very suspicious nature. The question arises as to who the powers should apply to— alien enemies or spies? What about Members of the House of Commons whose reputation has been so shady, so dirty and so beastly?
Very democratic.
Never mind democracy. I won't be shouted down by Bolshies!
That is not quite relevant.
Pardon me. I wonder whether the hon. Member's question to me was in order. I sit here and listen and vote conscientiously, and surely I have a right to speak. I am trying to point out now that I notice that all the objections to the safety Clauses come from one particular quarter. I challenge the House to reason out why it should come from that particular quarter. I want to be courteous to the hon. and gallant Member, but I do question his honesty. I say that he is not straight on this, and is using his influence in a way that is going to hamper and interfere with the best interests of our country. That is why I am rising, and I am not going to sit down passively to listen to one man or to be bullied by any Labour Member, by the Bolshies, or by those who are no friends of their own country. The hon. and gallant Member for some part of the Rhondda at one time had a fine record, but now he forgets himself, and panders to the Bolshevists. I enter my protest. There is nothing now before the House that is not to safeguard the best interests of the country.
I hoped that what I said when I last spoke with reference to opening and governing words of the second Clause of this Bill would have met in advance any such criticism as that which has just fallen from my hon. Friend the Member for Consett. I am sure he sees that it is very important that this Clause begins with words which limit its effect to proceedings in which a particular kind of offence is charged. You begin, for example, with a prosecution of a man charged with entering a prohibited place such as an arsenal for a purpose prejudicial to the safety or interests of the State. You begin with that. You are dealing with a man as to whom there is evidence that he was in a prohibited place for spying purpose. Then this Clause provides that the fact, if fact it be, that he has been in communication with a foreign agent shall be evidence that he has, for a purpose prejudicial to the interests of the State, obtained, or attempted to obtain, information calculated to be useful to an enemy. In other words, the Clause provides that where, for example, a man is found in Woolwich Arsenal, and there is evidence to show that he is there for the purpose of spying, the further fact, if fact it be, that he has also been in communication with a German agent will be evidence that he has, for a purpose prejudicial to this country, obtained, or sought to obtain, information calculated to be useful to an enemy.
With all respect, I think the Attorney-General has missed the point. It says that if any person for any purpose prejudicial to the safety of the State approaches a neighbourhood. Then in the second Clause of this Bill it says if he has been in communication with a foreign agent, that shall be evidence that he has for purposes prejudicial to the interests of the State, and so on. You have not got to prove a criminal purpose otherwise. The mere fact that he has been in communication with a French consul is sufficient evidence that he was acting for a purpose prejudicial to the safety of the State.
I do not think that valid objections have been fairly met. The speech of the hon. Member of Aberdare makes it clear that I had an excuse for asking these questions. When you get a speech like that in which he abuses members of my party of being Bolshevist—[ Interruption ]—I think the hon. Member for Montrose Boroughs, who has only just come into the House, might at any rate listen to the discussion of one of the most important Bills we have had before the House.
We are generally listening to you.
If the hon. Member for Central Hull would be good enough always to address me—he lends himself to interruption.
In the best interests of the country we think, especially in view of the speech to which we listened a few minutes ago, that these words may be used for the purpose the Attorney-General said. If he can assure us that the words—
I want to go home.
That the mere fact that a man while travelling outside the United Kingdom, Switzerland or anywhere else, that it cannot be made an offence, it will disarm a great deal of our criticism. If he can assure that the mere fact of having the address or having visited the address of a person who is afterwards found to be a foreign agent will not be used against him unless he also attempts to enter a prohibited place.
I said in the second reading debate, and three times I have said to-night, that Clause 2 is limited to cases where there are proceedings for offences under Section 1 of the Act of 1911. It is only in those circumstances that these provisions concerning communication with a foreign agent will apply.
Amendment negatived.
The discussion covers the whole of the Clause except an Amendment I have on the next page. A very similar set of words occur in a new class. Shall I move the Amendment now? I do not know if the right hon. Gentleman will accept them.
Here they are contradictory.
Clause ordered to stand part of the Bill.
CLAUSE 3.—(Interfering with officers of the police or members of His Majesty's Forces.)
No person in the vicinity of any prohibited place shall obstruct, knowingly mislead, or otherwise interfere with or impede the chief officer or a superintendent or other officer of police, or any member of His Majesty's forces engaged on guard, sentry, patrol, or other similar duty.
I beg to move, at the end of the Clause, to add the words "in relation to the prohibited place."
Those are limiting words, agreed to with the gentlemen who represented the newspapers.
Amendment agreed to.
I beg to move, at the end of the Clause after the words last inserted, to add the words
" and if any person acts in contravention of, or fails to comply with, this provision he shall be guilty of a misdemeanour."
This is a formal Amendment. The words were part of Clause 3 and were deleted by accident in another place. The effect is that as the Clause now stands no penalty is imposed.
Amendment agreed to.
Clause, as amended, ordered to stand part of the Bill.
CLAUSE 4.—(Power to require the production of telegrams.)
(1) Where it appears to a Secretary of State that such a course is expedient in the public interest, he may, by warrant under his hand, require any person who owns or controls any telegraphic cable or wire, or any apparatus for wireless telegraphy, used for the sending or receipt of telegrams to or from any place out of the United Kingdom, to produce to him, or to any person named in the warrant, the originals and transcripts, either of all telegrams, or of telegrams of any specified class or description, or of telegrams sent from or addressed to any specified person or place, sent or received to or from any place out of the United Kingdom by means of any such cable, wire, or apparatus, and all other papers relating to any such telegram as aforesaid.
(2) Any person who, on being required to produce any such original or transcript or paper as aforesaid, refuses or neglects to do so shall be guilty of an offence under this Act, and shall for each offence be liable on conviction under the Summary Jurisdiction Acts to imprisonment with or without hard labour for a term not exceeding three months, or to a fine not exceeding fifty pounds, or to both such imprisonment and fine.
(3) In this Section the expression " telegram " shall have the same meaning as in the Telegraph Act, 1869, and the expression " wireless telegraphy " shall have the same meaning as in the Wireless Telegraphy Act, 1904.
Motion made and Question proposed, " That the Clause stand part of the Bill."
There is a distinction in this Clause as compared with the others. The words used here are "in the public interest." There is no relation to the Official Secrets Act of 1911. Will my right hon. Friend tell me what case has been made for it, if any of these private companies raise any objection, and, generally, what is the real reason? Up to now there have been arguments familiar to us all in favour of the Bill. This is quite fresh ground. I should like to have some explanation of it.
The explanation is quite simple. We are dealing of course with the topic of spying and what is done by and for spies. As far as our own country is concerned, the Postmaster-General has the power, as other high officers of State have the power, to secure the examination of telegrams which may be sent over the lines belonging to the Post Office. But we are dealing in this Clause with telegrams sent to or received from some place out of the United Kingdom. We, therefore, come into contact with cable companies, and they are, of course, business concerns over which the Postmaster-General has no complete control. I understand that those who are responsible for the maintenance of those businesses recognise that their originals and their transcripts of telegrams sent over their systems should in a proper case be produced. But it is a little difficult for them to produce on mere request, and accordingly this statutory provision brings their messages into line with those that are sent over our own system.
Is it not possible to limit the words " Secretary of State" to what I may call the military departments —the War Office or Admiralty?
I do not agree, and in practice this limitation would be nugatory, because one Minister would request another to act.
Question, "That the Clause stand part of the Bill," put, and agreed to.
CLAUSE 5.—(Registration and regulation of persons carrying on the business of receiving postal packets.)
(1) Every person who carries on, whether alone or in conjunction with any other business, the business of receiving for reward letters, telegrams, or other postal packets for delivery or forwarding to the persons for whom they are intended, shall as soon as may be send to the chief officer of police for the district, for registration by him, notice of the fact together with the address or addresses where the business is carried on, and the chief officer of police shall keep a register of the names and addresses of such persons, and shall, if required by any person who sends such a notice, furnish him on payment of a fee of one shilling with a certificate of registration, and every person so registered shall from time to time furnish to the chief officer of police notice of any change of address or new address at which the business is carried on, and such other information as may be necessary for maintaining the correctness of the particulars entered in the register.
(2) Every person who carries on such a business as aforesaid shall cause to be entered in a book kept for the purpose the following particulars:
( a ) the name and address of every person for whom any postal packet is received, or who has requested that postal packets received may be delivered or forwarded to him;
( b ) any instructions that may have been received as to the delivery or forwarding of postal packets;
( c ) in the case of every postal packet received, the place from which the postal packet comes, and the date of posting (as shown by the post-mark), and the date of receipt, and, if registered, the date and office of registration and the number of the registered packet;
( d ) in the case of every postal packet delivered, the date of delivery and the name and address of the person to whom it is delivered;
( e ) in the case of every postal packet forwarded, the name and address to which and the date on which it is forwarded;
and shall not deliver a letter to any person until that person has signed a receipt for the same in such book as aforesaid, nor, if that person is not the person to whom the postal packet is addressed, unless there is left with him instructions signed by the last-mentioned person as to the delivery thereof.
(3) The books so kept and all postal packets received by a person carrying on any such business, and any instruction as to the delivery or forwarding of postal packets received by any such person, shall be kept at all reasonable times open to inspection by any police constable.
(4) If any person contravenes or fails to comply with any of the provisions of this section, or furnishes any false information or makes any false entry, he shall be guilty of an offence under this Act, and shall for each offence be liable on conviction by a court of summary jurisdiction to imprisonment with or without hard labour for a term not exceeding one month, or to a fine not exceeding ten pounds, or to both such imprisonment and fine.
(5) Nothing in this regulation shall apply to postal packets addressed to any office where any newspapers or periodical is published, being postal packets in reply to advertisements appearing in such newspaper or periodical.
I beg to move, in Sub-section (2, c ), to leave out the words "if registered," and to insert instead thereof the words
"if registered," in order to insert thereof the words
I only want to make one observation. I want to draw the attention of the House to the fact that the addresses on most of the postal packets nowadays are illegible. How are you going to provide for that?
It is an old maxim that the law " does not compel to the impossible."
Amendment agreed to.
Further Amendments made: At the end of Sub-section (2) insert the words
"and should not forward any postal packet to another address unless there is left with him written instructions to that effect signed by the addressee."
In Sub-section (4), leave out the words, "by a court of summary jurisdiction," and insert instead thereof the words, "under the Summary Jurisdiction Acts."
In Sub-section (5), leave out the word "regulation," and insert instead thereof the word "Section."
At the end of the Clause insert a new Sub-section—
"(6) Nothing in this Section shall be construed as rendering legal anything which would be in contravention of the exclusive privilege of the Postmaster-General under the Post Office Acts, 1908 to 1920, or the Telegraph Acts, 1863 to ' 1920."—[ Sir J. Hewart. ]
Clause, as amended, ordered to stand part of the Bill.
CLAUSE 6.—(Duty of giving information as to commission of offences.)
"It shall be the duty of every person to give on demand to a chief officer of police, or to a superintendent or other officer of police not below the rank of inspector appointed by a chief officer for the purpose, or to any member of His Majesty's forces engaged on guard, sentry, patrol, or other similar duty, any information in his power relating to an offence or suspected offence under the principal Act or this Act, and, if so re-required, and upon tender of his reasonable expenses, to attend at such reasonable time and place as may be specified for the purpose of furnishing such information, and, if any person fails to give any such information or to attend as aforesaid, he shall be guilty of a misdemeanour."
I beg to move, to leave out the words "or suspected offence under the principal Act or this Act."
This is a Clause on which I hope it may be possible to induce my right hon. and learned Friend to meet us. It is an entirely new power which is sought to be taken here. What does it really amount to? Any chief officer of police or superintendent or other officer not below the rank of inspector—and in any large centre there is a large number of inspectors of police—has, so to speak, the power to go up to any citizen that he desires to give information, tap him on the shoulder, and say, " Tell me all about this." If he refuses, as a British citizen very often might do, because they do not like to be treated in this summary fashion, he is tendered his expenses and has to attend at some appointed place, where he is severely cross-examined as to what information he may be able to give regarding an offence or a suspected offence. What is the public case for that? There is no rampant spy agency in this country on anything like the scale which would justify such a very remarkable change in the ordinary law. I have very wide knowledge of what went on during the War with regard to persons engaged in acts or conduct which was " reasonably suspected to be likely to be " prejudicial to this country, and I do not think there was ever any difficulty experienced in getting hold of these people. Certainly there was no difficulty in bringing them before the Committee of which I was a member. There were literally hundreds of cases. I suggest this is a very extraordinary change in the ordinary law, and I do hope it will be possible for my right hon. and learned Friend to meet us to some degree in this particular case.
I think it would be better, especially after what we have heard, and more acceptable to the Attorney-General, if he would let me alter this Amendment, to omit only the words " or suspected offence," leaving in the words " under the principal Act or this Act."
It is the right hon. Gentleman's Amendment now.
For the purpose of discussion I accept that.
I am not sure that my right hon. Friend has quite done justice to the limitations of the provision which this Clause contains. We are dealing only with offences or suspected offences under the principal Act or this Act. In other words, to put it shortly, we are dealing with spying and attempts at spying. What is it that the Clause provides? It is the moral duty already of every good citizen, if he has information about spying or attempted spying, to communicate that information to the authorities. But he is in the difficulty that he may be mistaken, and that possibly makes him pause, for the reason that if he gives information he may find himself in an unpleasant position. This Bill therefore imposes, under certain limitations, a statutory duty of giving any information in his power. But it is limited by the request of
"… a chief officer of police, or a superintendent or other officer of police not below the rank of inspector appointed by a chief officer for the purpose, or any member of His Majesty's Forces engaged on guard, sentry, patrol, or other similar duty."
I cannot think that it can be regarded as harsh that the Bill should make a statutory duty of that which is already a moral duty in matters of this kind.
On this Amendment you would like me to deal with the merits of the case. If the words were cut out, it would narrow down the Clause. I do not think hon. Members can understand what it means. It means that every citizen in the country can be pressed into the service espionage. It says:
"It shall be the duty of every person to give on demand to a chief officer of police or to a superintendent or other officer of police not below the rank of inspector, etc., any information in his power relating to an offence or suspected offence under the principle Act or this Act, and if so required and upon tender of his reasonable expenses to attend at such reasonable time and place as may be specified for the purpose of furnishing such information."
By this Clause anyone can be hailed off at any time to any part of the Kingdom, and it may be a day and a half journey from his home. This Clause would cause the spending of a very large part of the Secret Service Fund we have, and it is going to raise a lot of discontent in the country.
Among whom?
Among people who are to take these journeys. It gives great powers to the person at the head of the Secret Service. Suppose, for example, we had in this country a very advanced Radical Government, a Labour Government, an extreme Socialist Government, and they were very wild about spies from a Government which was Conservative on the Continent. This is not a bit far-fetched; it is what is exactly happening nearly every day with certain Governments on the Continent. It would be possible to hunt them and to continually bring them before some tribunal because of a suspected offence which might be well explained to give information with regard to an alleged offence. I do not quite see the importance of this Clause. I submit it is a tremendous power to put into the hands of the Government, and especially in these days, when the wish of everyone is to get rid of war legislation and war methods. To bring in a Clause like this close on Christmas, 1920, is too much, and I feel that a protest is required.
Amendment negatived.
Clause ordered to stand part of the Bill.
Clause 7 ( Attempts, incitements, etc. ) ordered to stand part of the Bill.
CLAUSE 8.—(Provisions as to trial and punishment of offences.)
(1) Any person who is guilty of a felony under the principal Act or this Act shall be liable to penal servitude for a term of not less than three years and not exceeding fourteen years.
(2) Any person who is guilty of a misdemeanour under the principal Act or this Act shall be liable on conviction on indictment to imprisonment, with or without hard labour, for a term not exceeding two years, or, on conviction under the Summary Jurisdiction Acts, to imprisonment, with or without hard labour, for a term not exceeding three months or to a fine not exceeding fifty pounds, or both such imprisonment and fine:
Provided that no misdemeanour under the principal Act or this Act shall be dealt with summarily except with the consent of the Attorney General.
(3) For the purposes of the trial of a person for an offence under the principal Act or this Act, the offence shall be deemed to have been committed either at the place in which the same actually was committed, or at any place in the United Kingdom in which the offender may be found.
(4) In addition and without prejudice to any powers which a court may possess to order the exclusion of the public from any proceedings if, in the course of proceedings before a court against any person for an offence under the principal Act or this Act or the proceedings on appeal, or in the course of the trial of a person for felony or misdemeanour under the principal Act or this Act, application is made by the prosecution, on the ground that the publication of any evidence to be given or of any statement to be made in the course of the proceedings would be prejudicial to the national safety, that all or any portion of the public shall be excluded during any part of the hearing, the court may make an order to that effect, but the passing of sentence shall in any case take place in public.
(5) Where the person guilty of an offence under the principal Act or this Act is a company or corporation, every director and officer of the company or corporation shall be guilty of the like offence unless he proves that the act or omission constituting the offence took place without his knowledge or consent.
Which of his Amendments does the hon. Member for Central Hull move?
In view of the explanation given on Clause 1 I do not propose to move any.
Clause ordered to stand part of the Bill.
Clause 9 ( Minor Amendments of principal Act ) ordered to stand part of the Bill.
CLAUSE 10.—(Short title, construction and repeal.)
(1) This Act may be cited as the Official Secrets Act, 1920, and shall be construed as one with the principal Act, and the principal Act and this Act may be cited together as the Official Secrets Acts, 1911 and 1920.
(2) The provisions of the principal Act mentioned in the Second Schedule to this Act are hereby repealed.
(3) For the purposes of this Act, the expression " chief officer of police,"—
( a ) with respect to any place in England other than the city of London, has the meaning assigned to it by the Police Act, 1890;
( b ) with respect to the city of London, means the Commissioner of the City Police;
( c ) with respect to Scotland, has the meaning assigned to it by the Police (Scotland) Act, 1890; and
( d ) with respect to Ireland, means, in the police district of Dublin metropolis, either of the Commissioners of Police for that district, and elsewhere the district inspector of the Royal Irish Constabulary.
I beg to move at the end of Sub-section (1) to insert the words
Provided that—
This is a matter of interest. I think we should know why the Sub-section is not to apply to the Dominions or India.
It is not being applied to the Dominions or to India because the Dominions and India have under contemplation legislation which goes somewhat further.
Thank you.
Amendment agreed to.
I beg to move, in Sub-section (3 d ), to leave out the words "and elsewhere the district inspector of the Royal Irish Constabulary."
I do not think this Bill is needed in Ireland. The powers there are extensive under the Defence of the Realm Act. I think it is unnecessary to complicate the situation in Ireland by giving this Bill, with its enormous powers, into the hands of the Irish Executive. They have very wide powers now. I think it would simplify the thing, both to those who have to administer justice there and those who have to live under it, to leave Ireland out of the Act. May I have an explanation of why it is wanted?
The Defence of the Realm Regulations will sooner or later— and I think sooner rather than later— come to an end. This Bill will continue.
I only wish to point out the absurdity of the hon. and gallant Member's suggestion, as he still leaves in the police district of Dublin metropolis.
Amendment negatived.
Clause, as amended, ordered to stand part of the Bill.
NEW CLAUSE.—(Amendments of principal Act in relation to Munitions of War.)
The principal Act shall have effect as though
(1) After paragraph ( a ) of Sub-section (1) of Section two the following paragraph were inserted:
"( aa ) Uses the information in his possession for the benefit of any foreign power or in any other manner prejudicial to the safety or interests of the State: "
and after the said Sub-section (1) the following Sub-section were inserted: —
"(1A) If any person having in his possession or control any sketch, plan, model, article, note, document, or information which relates to munitions of war, communicates it directly or indirectly to any foreign power, or in any other manner prejudicial to the safety or interests of the State, that person shall be guilty of a misdeamour "; and
(2) In Section twelve, after the definition of " sketch," the following definition were inserted: —
"The expression ' munitions of war ' includes the whole or any part of any ship submarine, aircraft, tank or similar engine, arms and ammunition, torpedo, or mine, intended or adapted for use in war, and any other article, material, or device, whether actual or proposed, intended for such use."—[ Sir G. Hewart. ]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
I need only say that this Clause is necessary because, in consequence of the manufacture of munitions of war on a large scale during the past few years, a great number of plans and specifications have been brought into existence, and it is desired that none of these plans and specifications should be used for improper purposes.
The other day a statement was made in this House with reference to a very large order of gas shells to a foreign part. What I want to know is, will it be possible under this new Clause to prosecute a person who declares that munitions are being manufactured for a foreign power? In (1 aa ) it says, "Uses the information in his possession for the benefit of any foregn power or in any other manner prejudicial to the safety or interests of the State." This is the case I have in mind. It may be possible for us to be manufacturing a great quantity of munitions for an ally or a friendly power, and if any person's attention is drawn to this matter, he may come under the terms of this Clause as having done something contrary to the interests of the State. It would seem unfortunate if the terms of this Clause should be used to prosecute private persons who export manufactures of munitions for a foreign power. I ask for an assurance on this.
I do not know how this comes in here at all. It is irrelevant.
FIRST SCHEDULE. MINOR AMENDMENTS OF PRINCIPAL ACT. Enactment Nature of Amendment. s. 1 (1) ( a )) … After the word "approaches" there shall be inserted the words "inspects, passes over." s. 1 (1) ( c )) … After the word "obtains" there shall he inserted the words "collects, records, or publishes," and after the words "or other document" there shall be inserted the words "or secret official code word or pass word." s. 1 (2) … After the words "in such a place" there shall be inserted the words "or any secret official code word or pass word." After the word "obtained" in both places where it occurs, there shall be inserted the words "collected, recorded, published." s. 2 (1) … After the words "article, note, document," in both places where they occur, there shall be inserted the words "secret official code word or pass word." After the words "which he has obtained" there shall be inserted the words "or to which he has had access." After the words "his duty to retain it" there shall be inserted the words "or fails to comply with all directions issued by lawful authority with regard to the return or disposal thereof."
Question put, and agreed to.
Clause read a Second time, and added to the Bill.
NEW CLAUSE.—("Saving for diplomatic persons, etc.")
(1) Nothing in this Act contained shall be construed as imposing any restriction or disability on any duly accredited head of a foreign diplomatic mission or any member of his official staff or household.
(2) The Secretary of State may exempt from any of the special provisions of this Act any consul or vice-consul to whom His Majesty is pleased to grant an exequatur and the wife and child of any such consul or vice-consul.—[ Lieut.-Commander Kenworthy. ]
Brought up, and read the First time.
I beg to move "That the Clause be read a Second time."
I have taken the Clause verbatim from the Aliens Act, 1919. It seems to me to be necessary that it should be inserted in this Bill.
I do not want to say one unnecessary word about this Clause or indeed about any other Clause. Matters of this kind must, I think, be left to the good judgment of the Executive.
Question, "That the Clause be read a Second time," put, and negatived.
Enactment Nature of Amendment. s. 2 (1) … After paragraph ( b ) there shall be inserted the following paragraph:—) there shall be inserted the following paragraph:— "or ( c ) Fails to take reasonable care of, or so conducts himself as to endanger the safety of the sketch, plan, model, article, note, document, secret official code or pass word or information.") Fails to take reasonable care of, or so conducts himself as to endanger the safety of the sketch, plan, model, article, note, document, secret official code or pass word or information." s. 3 … For paragraph ( a ) the following paragraph shall be substituted:—) the following paragraph shall be substituted:— "Any work of defence, arsenal, naval or air force establishment or station, factory, dockyard, mine, camp, ship, or aircraft belonging to or occupied by or on behalf of His Majesty, or any telegraph, telephone, wireless or signal station, or office so belonging or occupied, and any place belonging to or occupied by or on behalf of His Majesty and used for the purpose of building, repairing, making, or storing any ship, aircraft, arms, or other materials or instruments of use in time of war, or any sketches, plans, models, or documents relating thereto, or for the purpose of getting any metals, oil or minerals of use in time of war." In paragraphs ( b ) and ( d ) after the words "ship," in both places where it occurs, there shall be inserted the word "aircraft," and for the word "plans," in both places where it occurs, there shall be substituted the words "sketches, models, plans," and for the words "by a Secretary of State " in both places where they occur there shall be substituted the words "by order of a Secretary of State.") after the words "ship," in both places where it occurs, there shall be inserted the word "aircraft," and for the word "plans," in both places where it occurs, there shall be substituted the words "sketches, models, plans," and for the words "by a Secretary of State " in both places where they occur there shall be substituted the words "by order of a Secretary of State." In paragraph ( d ) after the word "repaired" there shall be inserted the word "gotten.") after the word "repaired" there shall be inserted the word "gotten." In paragraph ( c ), after the words "any place belonging to," there shall be inserted the words "or used for the purposes of."), after the words "any place belonging to," there shall be inserted the words "or used for the purposes of." s. 7 … For the words "wilfully refuses" there shall be substituted the words "wilfully omits or refuses." s. 12 … After the words "like or superior rank" there shall be inserted the words "and any person upon whom the powers of a superintendent of police are for the purpose of this Act conferred by a Secretary of State."
Amendments made:
In paragraph beginning "s. 1 (1) ( c )" leave out the words "or other document" there shall be inserted the words "or secret official code word or pass word," and insert instead thereof the words "'any other person,' there shall be inserted the words 'any secret official code, word, or pass word, or.'"
In paragraph beginning "s. 2 (1)" leave out the words "article, note, document" in both places where they occur,
s. 2 (2) … Before the word "sketch," where that word first occurs, there shall be inserted the words "secret official code word, or pass word, or." Before the word "sketch," in other places where it occurs, there shall be inserted the words "code word, pass word."
—[ Sir G. Hewart. ]
I beg to move, in paragraph beginning "S. 3," to leave out the word "mine" and to insert instead thereof the word "mine-field."
This Amendment is one of substance. The word "mine," unless it be made
there shall be inserted the words "secret official code word or pass word" and insert instead thereof the words "'possession or control' there shall be inserted the words 'any secret official code word or pass word, or.'"—[ Sir G. Hewart. ]
After the word "access" insert "after the words 'communicates the' there shall be inserted the words 'code word, pass word.'"
At end of paragraph insert a new paragraph—
clear, may mean a mine-field, or an ordinary mine. I do not suppose it means a coal mine, although it might do so.
I really do not think anybody else besides the hon. and gallant Member would have understood that.
In order to shorten discussion, I will make the hon. and gallant Member an offer. Let us leave in "mine," but insert as well "mine-field."
Amendment, by leave, withdrawn.
I beg to move, in paragraph beginning "S.3," after the word "mine" to insert the word "minefield."
I should like to speak on this Amendment. Why should this Act apply to coal mines. If it refers to a submarine mine or minefield, all well and good but is there anything secret about a coal mine or will this Act be used in an industrial dispute?
I think the hon. and gallant Member is now abusing the undertaking given.
I suppose the word " dockyard " means an ordinary dockyard. " Factory " means an ordinary factory, and is it unreasonable to assume that the word " mine " means an ordinary mine?
I think it is quite clear what the Amendment means.
I do not think the meaning is at all clear. I have some knowledge of coal mines.
If my hon. and gallant Friend will permit me, I think I can shorten the matter. We are dealing, in this part of the Schedule, with the definition contained in the principal Act. The principal Act, in Section 3, defines " a prohibited place " and this Bill applies to a person who approaches a prohibited place for purposes prejudicial to the safety or interests of the State. It does not interfere with anyone who approaches such a place for a legitimate purpose. As the definition now stands in the principal Act, the expression "prohibited place" means:
"any work of defence, arsenal, factory, dockyard, camp, ship, telegraph or signal station or office belonging to His Majesty."
and so on. What we are doing is to substitute certain further words, and we may well place in the definition after the word "mine" the word "minefield."
I am very glad to have that explanation, but I consider such legislation dangerous.
My hon. and gallant Friend must have been under some misapprehension, and was speaking at cross-purposes. The Bill is confined to a specific purpose.
Amendment agreed to.
Further Amendments made:
4.0 A.M.
In paragraph beginning "S.3" leave out the words "ship, aircraft, arms, or other materials or instruments of use in time of war," and insert instead thereof the words "munitions of war."
Leave out the words,
"after the words 'ship,' in both places where it occurs, there shall be inserted the word 'aircraft,' "and insert" for the words ' ship, aircraft, arms, or other materials or instruments of use in time of war,' in both places where they occur, there shall be inserted the words 'munitions of war.'"
Leave out the words
"and for the words 'by a Secretary of State' in both places where they occur there shall be substituted the words 'by order of a Secretary of State.' "
At the end of the same paragraph insert the words "and for the words ' by a Secretary of State ' there shall be substituted the words ' by order of a Secretary of State.'"
After the words last inserted, add the words
"In paragraphs ( c ) and ( d ) for the words ' by the Secretary of State,' in both places where those words occur, there shall be substituted the words ' by order of a Secretary of State.' "—[ Sir G. Hewart. ]
Schedule, as amended, ordered to stand part of the Bill.
Second Schedule ordered to stand part of the Bill.
Bill, as amended, considered.
CLAUSE 2.—(Communications with enemy agents to be evidence of commission of certain offences.)
(1) In any proceedings against a person for an offence under Section one of the principal Act, the fact that he has been in communication with, or attempted to communicate with, a foreign agent, whether within or without the United Kingdom, shall be evidence that he has, for a purpose prejudicial to the safety or interests of the State, obtain or attempted to obtain information which is calculated to be or might be or is intended to be directly or indirectly useful to an enemy.
(2) For the purpose of this Section, but without prejudice to the generality of the foregoing provision:
( a ) A person shall, unless he proves the contrary, be deemed to have been in
communication with a foreign agent if:
( b ) The expression " foreign agent " includes any person who is or has been or is reasonably suspected of being or having been employed by a foreign power either directly or indirectly for the purpose of committing an act, either within or without the United Kingdom, prejudicial to the safety or interests of the State, or who has or is reasonably suspected of having, either within or without the United Kingdom, committed, or attempted to commit, such an act in the interests of a foreign power:
( c ) Any address, whether within or without the United Kingdom, reasonably suspected of being an address used for the receipt of communications intended for a foreign agent, or any address at which a foreign agent resides, or to which he resorts for the purpose of giving or receiving communications, or at which he carries on any business, shall be deemed to be the address of a foreign agent, and communications addressed to such an address to be communications with a foreign agent.
I beg to move, in Sub-section (1), to leave out the word " foreign " [" a foreign agent "], and to insert instead thereof the word " enemy."
I really do ask the Attorney-General to give further consideration to the point which I raised with regard to foreign agent. My Amendment will make the Clause correspond to the marginal note. It will then be enemy agent instead of foreign agent. My reason is that Clause 1 of the principal Act says, " If any person for any purpose prejudicial to the safety and the interests of the State " does such and such a thing: then this Clause 2 of this Bill comes in and says, " In any proceeding against a person for an offence under Section 1 of the principal Act, the fact that he has been in communication " etc., shall assume him to be guilty. If you go on to inquire who is a foreign agent you find it includes certain guilty persons, but that is not the whole of it: that is without prejudice to the generality of the provision, so that if a person has been in communication with a foreign agent, say, a French Consul, and is found in or near a prohibited place that is evidence that he has gone for a purpose prejudicial to the safety and interests of the State. —[ Interruption ].
I must ask hon. Members not to interrupt.
I submit this is a perfectly proper point to raise. It is going to be a very great infringement of the liberty of the subject if one is to be assumed to be guilty of improper conduct simply because he has been in communication with, we will say, a French Consul.
I beg to second the Amendment.
There are two serious objections to this Amendment. My hon. Friend still ignores the fact that this provision only becomes relevant if you are proceeding for an offence under Section 1 of the principal Act. My second observation is this. When he was putting his point he said that the Section provides that a person shall in certain circumstances be assumed to be guilty. These words are not in the Bill. The words in the Bill are " shall be evidence that." The evidence of a thing does not assume guilt of that thing. It is evidence which has to be weighed, and all that this Subsection provides is that where you have a person who is charged, for example, with entering an arsenal for purposes prejudicial to the interests and safety of the State it may be evidence that he has done something which he ought not to have done if he has communicated with a foreign agent. The evidence is something which the Court has to take into account, though it may find that his communication with the foreign agent proves to have been perfectly innocent.
I am prepared to accept the explanation of the Attorney-General, and beg to leave to withdraw my Amendment.
Amendment, by leave, withdrawn.
Motion made, and Question proposed, " That the Bill be now read the Third time."
We are told that the sole obejct of this Bill is the defence of the country from spies.
I did not say that.
The reading we have of this Bill is that it is purely a contre-espionage Bill dealing with spies. We have been told that again and again, and the right hon. Gentleman's words are inscribed in the OFFICIAL REPORT.
If I sat still during what the hon. Member now says it might lead to some misunderstanding. Had the hon. Member been in the House during the Second Reading Debate, he would have known that I was asked the question whether the Bill related only to spies? I pointed out that that was not strictly correct, and that there were also two other matters to which the Bill refers. 1 adhere to that statement.
My hon. Friend said explicitly "spies."
The liberty of the subject is very highly praised in the country. This Bill deals with cables, with postal packets, and so on. Perhaps the Attorney-General would tell me whether it deals with anything else. Stages have facilitated throughout on the broad understanding that spies and services connected with spies were only dealt with in the Bill. Here we are in 1920. Is it really necessary to bring in a Bill like this dealing with spies? Our enemies yesterday are completely defeated. The only two Powers strong enough to attack us, and wealthy enough to pay spies, are either our allies or closely associated with us. This is a comment on the professions and the people who won the War.
I think it right to point out the words we have got into the first Clause are most valuable as to the meaning of the Act. Learned lawyers may not consider them necessary. Ordinary people would consider them most necessary. We have had many important explanations besides. I complain very much of the way in which the right hon. Gentleman seized upon the word "assume" I used, and interrupted me in the middle of my sentence. If he had allowed me to finish he would have saved much of the time of the House.
Question, "That the Bill be now read the Third time," put, and agreed to.
Bill read the Third time, and passed, with Amendments
Married Women (Maintenance) Bill [Lords]
Considered in Committee.
[Sir E. CORNWALL in the Chair.]
CLAUSE 1.—(Provision for maintenance of children.)
(1) An Order under Section four of the Summary Jurisdiction (Married Women) Act, 1895, whether as originally enacted or as extended by Section five of the Licensing Act, 1902, made on the application of a married woman, which contains a provision committing the legal custody of any children of the marriage to the applicant, may, in addition to any other provision authorised by the Act, include a provision that the husband shall pay to the applicant, or to any officer of the court or third person on her behalf, a weekly sum not exceeding ten shillings for the maintenance of each such child until such child attains the age of sixteen years.
(2) Any such order made before the passing of this Act may be varied, on the application of the married woman, so as to include from the date of the variation of the order such a provision for the maintenance of the children as aforesaid.
I beg to move, in Sub-section (1), to leave out the words "not exceeding ten shillings."
This is due to a request made to me by an important body of women citizens, the National Council for Equal Citizenship. They point out that under a maintenance order against a wealthy man, the amount for each child would only be ten shillings. They ask that the limit should be removed and the matter left to the discretion of the magistrates. A poor man would not have to pay unless his wages justified it.
I hope the Amendment will not be pressed. There is no question of rich people. It is a question of summary jurisdiction.
I understand this Bill was introduced for the purpose of increasing the amount now allowed to the deserted wife. I welcome the Bill because it will enable the magistrate to make an order for ten shillings for each child.
Amendment negatived.
I beg to move, in Sub-section (1), to leave out the word " ten," and to insert instead thereof the word " twenty."
I hope the Home Secretary will see his way to allow this extra discretionary power. There are a great number of working people who are getting very high wages indeed—£6, £7, and £8 a week. It would not be compulsory to give a sum of £1 if the father could not afford it, but if the magistrate did discover that he was earning high wages I think he should have this discretionary power.
Again I hope my hon. Friend will not press the Amendment. Ten shillings has only lately been the amount. Formerly it was only 5s. We must have some limit to the amount. The woman gets her own £2 quite independent of the 10s. for each child, and that is certainly much more generous than it used to be.
This is not a charge on the State. It simply gives a discretion to the Magistrate to charge a man earning good wages an extra amount which might pay for extra education, for instance. It is rather disappointing that this discretion should not be given.
I regret very much the Home Secretary has not seen his way to agree to this Amendment. We have to remember that we are here as a body of men, and it is incumbent on us to look at the thing from the woman's point of view. It seems to be quite untenable to say that in no case is the wife to get more than 10s. in respect of a child, however much the father may be earning, however delicate the child may be, and however much it may need special expenditure on its health.
Amendment negatived.
Clause ordered to stand part of the Bill.
Clause 2 ( Short title ) ordered to stand part of the Bill.
Bill reported, with Amendment; read the third time, and passed without Amendment.
Married Women's Property (Scotland) Bill
Order for consideration of Lords Amendment read.
Motion made, and question " That the Lords Amendment be now considered," put; and agreed to.
Lords Amendment considered accordingly.
CLAUSE 5.—(Donations inter virum et uxorem to be irrevocable.)
Donations inter virum, et uxorem shall be irrevocable by the donors: Provided that—
( b ) this enactment shall not prejudice the rights of creditors of the donor of any such donation in virtue of the provisions of the Act of the Parliament of Scotland 1621, Cap. 18; and
Lords Amendment:
Leave out paragraph ( b ).
Agreed to.
Women, Young Persons, and Children (Employment) Bill
Order for consideration of Lords Amendments read.
Motion made, and Question, " That the Lords Amendments be now considered," put, and agreed to.
Lords Amendments considered accordingly.
CLAUSE 1.—(Restriction of the employment of women, young persons, and children in industrial undertakings.)
(6) This section so far as it relates to employment in coal mines, metalliferous mines and quarries, and factories and workshops, shall have effect as if it formed part of the Coal Mines Act, 1911, the Metalliferous Mines Regulation Acts, 1872 and 1875, and the Factory and Workshops Acts, 1901 to 1911, respectively; and the provisions of those Acts relating to registers to be kept thereunder shall apply to the registers required to be kept under this Act.
Lords Amendment:
In Sub-section (6) after " 1911 " [" Coal Mines Act, 1911 "], insert " and the Acts amending that Act."
Agreed to.
CLAUSE 2.—(Employment of women and, young persons in shifts.)
(1) The Secretary of State may, on the joint application of the employer or employers of any factory or group of factories, and the majority of the workpeople concerned in such factory or group of factories, subject to the provisions of this section, make orders authorising the employment of women and young persons of the age of sixteen years and upwards in any factory or workshop at any time between the hours of six in the morning and ten in the even- ing on any weekday except Saturday, and between the hours of six in the morning and two in the afternoon on Saturday, in shifts averaging for each shift not more than eight hours per day:
Provided that if a joint representation is made to the Secretary of State by organisations representing a majority of the employers and workers in the industry or section of industry concerned to the effect that orders under this section ought not to be made in respect of factories and workshops in that industry or section of industry the powers of the Secrtary of State to make orders under this section shall cease to be exercisable as regards that industry or section of industry unless and until the representation is withdrawn by the said organisations, and if any such representation so requires any order previously made in respect of a factory or workshop in that industry or section of industry shall, on the expiration of such reasonable period, not exceeding four months, as the Secretary of State may fix, cease to have effect.
Every order made under this section shall be published forthwith in the London Gazette, and no representation as respects factories and workshops in the industry or section of industry to which the order relates shall be of any effect unless made within one month from the date of the publication of the order.
(2) An Order under this Section may be made in respect of any specified factory or workshop, or in respect of any class or group of factories or workshops, and shall be subject to such conditions as the Secretary of State may consider necessary for the purpose of safeguarding the welfare and interests of the persons employed in pursuance of the Order, and shall include a condition empowering the Secretary of State to revoke the Order in the event of non-compliance with the conditions thereof, or in the event of it appearing to the Secretary of State that abuses of any description have arisen out of the employment of any persons in pursuance of the Order.
Lords Amendments:
In Sub-section (1), after the word "factory" ["of any factory or group"], insert "or workshops."
After the word "factories" ["group of factories, and"] insert "or workshops."
After the word "factory" ["concerned such factory"], insert "or workshops."
After the word "factories" ["or group of factories, subject"], insert "or workshops."
After the word "workshop" ["workshop at any time"], insert "or groups of factories or workshops."
Leave out the word "or" ["industry or section"], and insert "concerned or the."
After the word "concerned" ["section of industry concerned"], insert "as the case may be."
Leave out the word "Every" ["Every order made"], and insert "Particulars of every."
In Sub-section (2) leave out the words " may be made in respect of any specified factory or workshop, or in respect of any class or group of factories or workshops, and."
Agreed to.
Criminal Injuries (Ireland) Bill
Order for consideration of Lords Amendments read.
Motion made, and Question, "That the Lords Amendments be now considered," put, and agreed to.
Lords Amendments considered accordingly.
CLAUSE 4.—(Interest on Compensation awarded.)
Where a decree is made against a county council after the passing of this Act for compensation for criminal injuries, the amount recovered (excluding therefrom any sums recovered for costs or expenses) shall carry interest at the rate of five per cent. per annum from the date of the service of the preliminary notice of application upon the secretary of the county council where the compensation is awarded in respect of a murder or maiming, and from the date of the decision of the County Court in other cases, and payment of such interest may be enforced in like manner as if it were part of the amount recovered.
Lords Amendment:
Leave out the word "maiming," and insert instead thereof the words "criminal injuries to the person."
Agreed to.
Lords Amendment:
At the end of Clause add:
("The foregoing provisions of this Section shall apply also in the case of decrees made before the passing of this Act for compensation in respect of criminal injuries, whether to person or property, committed or inflicted at any time after the first day of January, nineteen hundred and seventeen, but only as respects so much of the amount recovered as shall have remained unpaid at the time of the passing of this Act").
This Amendment raises a question of privilege. It imposes a charge on the rates.
Motion made, and Question, " That this House doth agree with the Lords in the said Amendment," put, and agreed to.—[ Mr. Shortt. ]
A Special Entry will be made.
The remaining Government Orders were read, and postponed.
It being after half-past Eleven of the Clock upon Thursday evening, MR. SPEAKER adjourned the House, without Question put, pursuant to the Standing Order.
Adjourned at Twenty-nine minutes before Five o'clock a.m.