House of Commons
Thursday, December 23, 1920
The House met at a Quarter before Three of the Clock, Mr. SPEAKER in the Chair.
New Writ
For the County of Hereford (Hereford Division) in the room of CHARLES THORNTON PULLEY, Esquire (Manor of Northstead).—[ Lord E. Talbot ].
New Members Sworn
GEORGE BARKER, Esquire, for County of Monmouth (Abertillery Division).
WILLIAM JOHN, Esquire, for the Borough of Rhondda (West Division).
Oral Answers to Questions
Questions
Naval and Military Pensions and Grants
ADMINISTRATION (SCOTLAND).
asked the Minister of Pensions the number of whole-time medical men employed by his Department in Scotland; the annual cost in salaries and the number of cases treated and examined during the six months ending 30th November, 1920, with the corresponding figures for the same period of the previous year; and whether he is aware that the opinion in Scotland is that the administrative side of the Pensions Ministry is being run on very extravagant lines?
I regret that in the short time available, I have not been able to obtain the particulars desired, but I will communicate with my hon. and gallant Friend at an early date.
On a point of Order, Mr. Speaker. We are in a very awkward position, as there are no questions printed. I have been to the Vote Office, but there are no Papers there.
That is quite true. I happen to have an advance copy, and if I can assist hon. Members in any way, I shall be happy to do so. I understand that copies will be ready for hon. Members by 3 o'clock, and, meanwhile, perhaps the Minister will read out the question as well as the answer?
Arising out of the answer already given by my hon. and gallant Friend, will he tell us what it is all about?
It is with reference to alleged extravagance in the Scottish administration of pensions.
Examinations, Sheffield
asked the Minister of Pensions what is the number of pensioners examined in the Sheffield district during the last three months; the number abolished and reduced; and the number raised?
I regret that I have not this information.
Will the hon. and gallant Gentleman kindly see if he can let me have these particulars?
I do not feel that we should be justified in the elaborate research which would be necessary in order to go through many thousands of files for information in regard to this special district, but I have sent my hon. Friend particulars with regard to the whole of the cases.
Victoria Tower Huts
asked the Minister of Pensions if he is aware that the Victoria Tower hut, women's section, in which between 30 and 40 young people are employed, is inadequately warmed, one small stove only having been installed and placed at the extreme end of the room; and whether he will cause inquiry to be made with a view to the health and comfort of the staff being adequately safeguarded?
There is no room in the Victoria Tower huts, accommodating more than 15 occupants, which is not provided with at least three gas stoves. The heating arrangements in these huts have not, however, given entire satisfaction, and I understand that my right hon. Friend the First Commissioner of Works has the question of effecting improvements under consideration.
Royal Navy
Battle of Jutland
asked the Prime Minister whether the decision not to publish the Harper Report in its entirety, and in a form agreed upon by Earl Beatty, Viscount Jellicoe, and Lord Wester Wemyss, can be reconsidered in view of the great importance in enabling the public fully to understand what happened at Jutland, and to assist the public in appreciating the value of the capital ships in action
The papers published on Friday last carry out in the fullest manner the undertaking made on the 1st November to publish all the reports and dispatches in regard to the battle, and I leave the public to form it's own judgment. It is not intended to publish anything further in advance of Sir Julian Corbett's volume of the Official History.
May I ask the right hon. Gentleman if he is aware that since the issue of this Report public opinion about this battle is even more confused than before, and in view of the fact that charges have been made against the conduct of the Fleet, does he not think it very necessary that some sort of staff appreciation, either by Captain Harper or by somebody else, should be issued?
It is undoubtedly very important that the lessons of the battle should be studied.
Is the right hon. Gentleman aware that accusations have been made against the Navy about the conduct of this battle, and is it not necessary that there should be some authoritative statement summarising the evidence?
Could the right hon. Gentleman tell us what is exactly the reason for not publishing Captain Harper's Report. along with all the other documents affecting the Battle of Jutland?
Is the right hon. Gentleman aware that, so far as the lay mind is concerned, it is utterly unable to grasp anything from the way these papers are published, and that what the lay mind is really asking His Majesty's Government to do is to publish a small précis, giving what, in the opinion of H. M. Admiralty, is a true account of what actually happened? Does the right hon. Gentleman not think he owes this to the Royal Navy, having regard to the extraordinary rumours which have got about in this connection?
The facts have been published. The Harper Report contains certain comments, and the feeling of the Government was that it was very essential that the whole of the facts should be published. The facts have been published. I am not aware that there have been any reflections on the Navy. There have been disputes on question of judgment, and as to whether certain decisions ought to have been taken or not. That is a different matter. There have been no reflections on the Navy.
New Ship Construction
asked the Prime Minister when the Committee of Imperial Defence will complete its investigation into the problems of new ship construction for the Royal Navy; how many meetings have been held and how many witnesses have already been examined; and will the Report of the Committee be completed and issued before the Navy Estimates for 1921 are laid' before Parliament?
In regard to the first part of the question I would refer the hon. and gallant Member to my reply to his Question on the same subject on the 16th instant. .As regards the second part, the Committee of Imperial Defence has held two meetings, when various naval experts were present. In regard to the third part, it is impossible at this early stage to forecast when the Committee's report will be ready, nor. can I undertake, for obvious reasons, that the report will be published. The decision is a momentous one from a political, strategical and financial point of view for the Empire, and ought not to be rushed.
May I ask, without in any way wishing to press the right hon. Gentleman on the point, whether there is any intention to complete the Inquiry before the Navy Estimates are laid before Parliament?
It is very difficult to say whether it will be possible to do that until the Inquiry has proceeded at least some distance.
Royal Air Force
Administration
asked the Prime Minister whether the naval advisers of the Government regard the present arrangement under which the War Office and the Air Department are combined under one head as prejudicial to the interests of the Fleet; and, if so, when this dangerous expedient will be brought to an end?
I would refer my right hon. Friend to the reply given by the Leader of the House on the 24th November to a similar question by the hon. and gallant Member for Clackmannan and Eastern (Major Glyn).
Can the right hon. Gentleman give any date when this arrangement, which was admitted by himself and his colleagues to be temporary, will be brought to an end?
Has the right hon. Gentleman satisfied himself that the present arrangement of the Air Service is not prejudicial to the best interests of the Royal Navy, and will he ask for a report from the First Lord of the Admiralty as to what are the requirements of the Lords of the Admiralty in this connection?
The Lords of the Admiralty are quite satisfied.
Is not the real question that the naval and air staffs should be brought together and meet together to compare notes?
I agree, and that is being done.
Charge Against Officials
asked the Prime Minister whether his attention has been called to the Air Ministry's letter of 6th November, 1918, on pages 18 and 19 of Command Paper 65, and to Lord Rothermere's disclaimer of responsibility for the transaction referred to therein circulated on Saturday last; and, in view of the fact that General Livingstone and Mr. Macanally gave evidence before the Public Accounts Committee bearing out the statements contained in the letter referred to, and produced documentary proof in support of their evidence, and seeing that Lord Rothermere's disclaimer amounts to a charge of dishonest conduct on the part of the officials referred to, what opportunity does he propose to give these officials to meet the charges made against them publicly by Lord Rothermere?
As I stated yesterday, the Treasury is to investigate this matter in conjunction with the Air Ministry, and an opportunity will then be afforded to all the officials concerned to substantiate any statements, in evidence or otherwise, for which they have made themselves responsible.
May I ask the Prime Minister whether, having regard to the extraordinary unbusinesslike administration of the whole air service, he will appoint a special committee to inquire into the financial administration of that service for the past two years, and whether he is aware that a number of the most important records of this service have unfortunately been burned?
Is not Lord Rothermere personally responsible?
Why was a comparatively small sum of money like this picked out and used against the Noble Lord, who did such great service during the War, when a waste of millions on useless ventures are passed over in silence.
This is the Public Accounts Committee, and Ministers sitting on this Bench have had to stand fire from the Public Accounts Committee, and newspapers published by this Noble- man and others have always given special publicity and drawn special attention to every attack of that sort made, and I do not see why they should not stand the racket.
Is it not the case that this item was brought before the notice of the Committee by the Comptroller and Auditor-General, and under those circumstances is not the Public Accounts Committee bound to take up a question reported to them in that way?
Is the right hon. Gentleman prepared to appoint a Special Committee to inquire into the general administration of the Air Service?
League of Nations
Mandates
asked the Prime Minister what were the terms of the Resolutions passed by the Assembly of the League of Nations on 17th and 18th December dealing with Mandates?
The report of the discussion has not yet been received, but the papers will be placed in the Library of the House when they have been received here.
Has no telegraphic summary of the three main recommendations been received yet by His Majesty's Government?
I do not think I have seen any telegraphic summary. I would not like to say that it has not been received, but I think I should have seen it.
When will the term's of the Mandates be laid on the Table?
I am not yet in a position to say.
Housing
Subsidy
asked the Prime Minister whether, as under the Housing (Scotland) Bill just passed by both Houses of Parliament, the grant made to persons for constructing houses is to be continued until the end of 1921, he will state what steps the Government propose to take to extend similar benefits to house builders in England and Wales, and of which they have been deprived in con sequence of the rejection in another place of the Miscellaneous Health Bill introduced by the Minister of Health, which contained provision for a similar encouragement to house builders in these countries?
My right hon. Friend proposes to introduce legislation at the beginning of next Session to provide for payments in full to those completing houses between 23rd December, 1920, and the date of the coming into operation of the new Act, and to extend by twelve months the period during which the subsidy. can be earned.
Office of Works (Construction)
asked the First Commissioner of Works whether he will lay upon the Table a statement with reference to houses constructed by the Office of Works at £980 per house, showing the complete details of the lowest tender of £1,638 per house for the same houses, together with the names of the contractors, the amount of other tenders with the names of the contractors, and including a complete bill of costs of his office, showing separately the costs of all materials, , from whom they were purchased, the cost of labour, number and type of men employed, the charge for use and depreciation of plant, all transport charges, and all overhead charges; and what special facilities, if any, were enjoyed by the office in carrying out the work?
My right hon. Friend has asked me to answer that question for him. A statement on the lines suggested by the hon. Member will be circulated in the OFFICIAL REPORT as soon as possible.
Has the hon. Gentleman any idea when it will be circulated?
I am afraid I cannot say.
Is the hon. Gentleman aware that the First Commissioner of Works has the information in his possession, and that he gained the acclamations of the House for his speech the other night? Did he make that speech without his facts, or if not, where are the facts?
The promise is to issue the information in the OFFICIAL REPORT. Is the hon. Gentleman aware that after tomorrow there will be no OFFICIAL REPORT? Does he propose to circulate the information as a White Paper which hon. Members will have circulated to them if they sign the pink form?
I am only answering for my right hon. Friend I cannot say what he proposes to do.
Questions
Channel Tunnel
asked the Prime Minister whether, in view of the widespread unemployment, he can now make any announcement with reference to the Channel Tunnel?
I cannot add anything to the answer which I gave to my Noble Friend on the 6th December. A decision on this subject would not assist in the least to solve the difficulties of unemployment during this winter.
Surplus Government Stores (Aircraft)
asked the Prime Minister the name of the person, persons or company with whom the Ministry of Munitions made the contract in connection with the disposal of aircraft surplus; the date of the contract; and the amount and date of the consideration paid?
( by Private Notice ) asked the Parliamentary Secretary to the Ministry of Munitions whether his attention has been called to the purchase by the Imperial and Foreign Corporation, Limited, of a monopoly interest in the disposal of all surplus aircraft property held by the Government; whether upon the day the contract was concluded between the Imperial and Foreign Corporation, Limited, and the Disposal Board it was transferred by the purchasing company to the Aircraft Disposal Company, Limited, whose debenture capital was £1,500,000 and whose share capital was only £600 in 1s. shares; whether it is considered by his Department a proper transaction, and will he cause to be published the text of the contract and the reasons which prompted his Department to approve of such a transfer?
Before the hon. Gentleman answers, may I be allowed to raise a point of Procedure?
The hon. Gentleman should raise a point of Procedure after Questions. He may put a supplementary question, if he wants to ask it, after he has heard the reply.
I have been asked to answer this question, and I will also answer the Private Notice Question which has been asked on the same subject by the hon. Member for Aberdeen North (Mr. Rose).
Is the hon. Gentleman entitled to take that course?
The contract was made with the Imperial and Foreign Corporation, Limited, and was transferred, with the consent of my Noble Friend, Lord Inver-forth, to the Aircraft Disposal Company, Limited. The date of the contract was 12th March, 1920, and the consideration payable was £ 200,000 on signature, £300,000 six months from the date of the contract, and £500,000 twelve months from the date of the contract, plus half the difference between the company's gross expenditure and gross receipts in respect of the material sold under the contract. There is no objection to the text of the Contract being published, and I shall be glad to supply it to my hon. Friends if they desire. The contract in all its bearings was fully investigated by the Select Committee on National Expenditure, and, as stated by my right hon. Friend the Member for the City of London (Sir F. Banbury), they came to the conclusion that there was no ground for taking action upon it. may add that the Ministry of Munitions retains a lien on the assets of the purchasing company.
Is it not a fact that this contract was signed, on the morning of the date referred to, by the Imperial and Foreign Finance Corporation, that it was transferred, with the permission of the Minister, the same afternoon, to a company whose total capital was £600 in 1s. shares, and that this company took £1,200,000 of debentures; is it not a fact that the capital of the company in question is inadequate to deal with £60,000,000 worth of Government property; will he take steps to call upon this Committee to make another report; and is he aware that there is a desire on the part of this Committee to make a minority report, as they regard this transaction as detrimental to the best interests of British Civil servants?
I do not admit any one of the assumptions in the hon. Gentleman's question, and I may add that any transaction of a Government Department which passes my right hon. Friend, the Member for the City of London (Sir F. Banbury), cannot have anything very wrong about it.
Is the hon. Gentleman aware that he is misleading the House, and that the conditions of the contract were that this company, with its £600 of capital, was to buy the total amount of surplus aircraft, and was also entitled to the whole surplus for the next two years; and does he consider that a company with £600 of capital, financed by the Imperial and Foreign Finance Corporation, is a suitable company to handle £60,000,000 of the taxpayers' property
I admit none of the assumptions and inferences of the hon. Gentleman.
Is the hon. Gentleman prepared to deny that the capital of this company is £600 in 1s. shares?
Yes, but the ordinary capital is very limited on the American basis—[Mr. BILLING: "Not the English"] and we look not so much to the way the company raises its capital, as to the assets on which we are secured, and to the profits we are to share.
Is the hon. Gentleman aware that this company has debentures issued for £1,200,000, and what does the Government hope to secure, in the taxpayers' interest, when a company with £600 capital has £1,200,000 debentures issued?
But we have a lien on the whole of the assets.
Does the lien stand before the debentures?
So I understand.
May I ask if the company's gross expenditure includes such things as the salaries of the chairman and directors; if so, how much is it?
I must have notice of that question.
Is the hon. Gentleman aware that the Aircraft Disposal Company could possibly call up the debentures and use them for another purpose, leaving only £600 in shilling shares as a security for all this Government property; and is he aware that the Chief Treasury Solicitor admits that possibility?
No doubt. As I have said, we have a lien on all the assets of the company, and I think that entirely disposes of that.
Is the hon. Gentleman aware that this company is rapidly getting rid of its assets and squandering the proceeds; is he also aware that the principal assets are some millions of pounds worth of raw material, and that they are squandering these, and leaving the Government with old derelict machines; may I ask the Prime Minister whether he is prepared to appoint during the Vacation a Special Committee to inquire into this extraordinary transaction between the Government and the company known as the Foreign Finance Association?
I presume the object of the company is not to squander its assets, but to make profits, and if they do make profits—
They are making big profits!
Well then, we take half.
How is it the hon. Gentleman cites the Public Expenditure Committee in defence of the Ministry of Munitions on this occasion, while he repudiates their considered opinion in regard to other questions
My hon. and gallant Friend has not followed my answer. I said that if there was anything in any Government Department which was proved or passed as satisfactory by my right hon. Friend the Member for the City (Sir F. Ban- bury), there was not likely to be very much wrong about it. If there had been, he would have noticed it.
Is the right hon. Gentleman quite sure that these people are making profits? Is it not proceeds? How do you calculate proceeds upon property of the value of which you have no conception? Are these profits, for you cannot sell the things for anything like the price you paid for them. Is it not that half the proceeds are taken by these people who purchased a fundamental interest in this thing by instalments; and not paid for either out of the proceeds or the profits?
This explanation is half the difference between the gross expenditure and the gross receipts—our auditors have access to their books, and we have weekly reports.
Ex-Service Men
Civil Liabilities
asked the Prime Minister whether he is aware that disabled ex-Regular soldiers, who were serving in the Army at the outbreak of the War, are held to be disqualified from receiving grants from the Military Service (Civil Liabilities) Department; and whether he will take steps to remove this disqualification?
; I have been asked to reply. I am aware that disabled ex-Regular soldiers who were serving at the outbreak of War are not eligible for grants from the Military Service (Civil Liabilities) Department, and would refer my hon. Friend to my reply given on 8th December. As I then stated, this scheme, as its name suggests, was designed to deal with the hardships inflicted on civilians whose careers were seriously affected by Military Service. The reasons which led the Government to distinguish between ex-Regulars and the men who interrupted their civilian occupations to join the Colours, was, broadly, that in the case of the first class of men, the War did not affect or break into their normal career. While profoundly sympathising with the case of the disabled ex-Regulars, I must point out the broad difference of principle which separates this case from the others.
Can the right hon. Gentleman give us an answer to the last part of the question?
I think I have. I explained the reason for the differentiation between the disabled ex-Regular and the man who left civilian life to take part in the War.
Will the right hon Gentleman take an opportunity to remove this disqualification?
Well, I will see if there is any voluntary fund that might in a hard case give help outside the Regulations.
Trade Union Action
asked the Minister of Labour whether he has received any instances showing that ex-service men have been forced to leave their work and join the ranks of the unemployed owing to the action of officials of the trades unions; whether he is investigating such cases; and whether he will consider any which may be brought to his notice.
Cases of the kind referred to by my hon. and gallant Friend have been brought to my notice, and I have taken such action as was possible whenever circumstances permitted. I shall be glad to consider any such cases brought to my notice.
What action has the Department taken in cases of that nature?
The cases which I have seen have usually been the results of the action of local workmen, and representations have been made to the central executive of their union, from the officers of which I have received assistance.
What action has the right hon. Gentleman taken with the unions concerned? What right have trade unions to dictate to an ex-service man in what particular industry he shall be employed?
I say I have communicated with the central executives, rather than with the local organisations. Some very lamentable cases have occurred. As to the question regarding the right of trade unions to dictate to ex-service men I am afraid I can give no answer.
Are we to understand it is the principle of trade unions to allow these men to be employed? Is the right hon. Gentleman aware that hundreds of unskilled men are at present out of work through skilled men striking against the employment of an ex-officer to be trained as a bricklayer?
The cases brought to my notice have been rather those due to the action of local workmen, and in those I have communicated with the central executive of their union.
If the right hon. Gentleman only makes representations he propels a certain number of words at the executive. If there is no penalty then the representations are merely empty thunder.
My hon. Friend apparently did not follow my answer. I said the representations had not been without effect.
But you have no compulsory powers?
No.
Land Settlement
asked the Minister of Labour whether he has received a resolution from the Wisbech branch of the National Federation of Discharged and Demobilised Sailors and Soldiers protesting against the decision that the Civil Liabilities Department cannot assist ex-service men who are seeking to establish themselves on small holdings; whether this resolution represents the facts of the case; and, if so, whether he will explain the reason for this decision.
I am assured that no such resolution can be traced as having been received from the Wisbech Branch of the National Federation of Discharged and Demobilised Sailors and Soldiers. It is not the practice of the Civil Liabilities Department to refuse grants to establish ex-service men on small holdings. Many such grants have been made, but each application is treated on its merits. Perhaps my hon. Friend will send me particulars of any cases which he wishes enquired into.
I will do that.
Mustapha Kemal
asked the Prime Minister whether negotiations have been opened between the British or any other of the Allied Governments with Mustapha Kemal; and, if not, whether the opening of such negotiations is in contemplation?
The answer so far as I am aware is in the negative.
Ireland
Sinn Fein Leaders (German Plot)
asked the Prime Minister when the promised publication of the documents found on Sinn Fein leaders proving their complicity in a German plot in 1918 will be published?
The White Paper will be published in a few days, but it will contain a good deal more material bearing on the German conspiracy in Ireland than the documents found on the Sinn Fein leaders.
Weekly Summary
asked the Prime Minister whether his attention has been called to the last number of the "Weekly Summary" issued to the police in Ireland, in which it is stated that the talk of negotiations for an Irish settlement is purely propaganda; and if he will say whether this statement was made with his sanction?
I have not seen the "Weekly Summary" referred to. As far as the Government are concerned, our efforts in Ireland are earnestly designed to secure peace and good will.
Is the right hon. Gentleman aware that the "Weekly Summary" is published under the authority and supervision of his right hon. Friend the Chief Secretary; that the latter did not deny it, but stated specifically in the House that it was run under his Department, and that he would him- self endeavour to look into what appeared in the paper. In any case, is the Prime Minister aware that the Chief Secretary said that it is an official Government publication, and that the information in my question on the Paper to-day appears in it, and does he really think that that is a contribution to an Irish settlement?
Of course, I have not got the actual words used by my right hon. Friend, but my recollection is—and I was in the House at the time—that he repudiated the suggestion that he had any special responsibility for this paper, which was published by the police for their own information. He certainly could not control a paper of that kind.
Is my right hon. Friend aware that the Chief Secretary in this House—it is on record in the OFFICIAL REPORT—stated that his Department was responsible for this publication and paid for it—that he was responsible, although he could not personally supervise it?
Oh, well, that is what I more or less have tried to convey to the House. No doubt my right hon. Friend is responsible as long as it is paid for out of Government money—and I assume that is the case. But he stated most distinctly that he gave no personal supervision to it, and could not be responsible for every word that appeared.
Does not the right hon. Gentleman agree that it is very undesirable that an organ paid for by Governme'nt money should be pursuing a policy that is in opposition to the declared policy of the Government, as stated by himself, and under these circumstances would he make personal inquiry into the matter?
Seeing these facts are not denied, will the right hon. Gentleman have a denial printed in the next number of the "Weekly Summary"? Seeing that this looks like trick propaganda, will the right hon. Gentleman have it denied at once?
The suggestion, as far as I am able to follow it, is that the talk of negotiations for an Irish settlement on the part of the Sinn Feiners is pure propaganda, and not honestly intended. There is no suggestion that the Government are not honest. [An HON MEMBER: "Oh, yes!"]
Mr. P. D. Sullivan
asked the Chief Secretary for Ireland whether his attention has been called to the public statement of Mr. P. .D. Sullivan, resident magistrate, at the sitting of the special court in Kilkenny on 8th December last, in which he stated that he had been threatened and assaulted by his own peace officers within the precincts of the court after being fully identified as the resident magistrate; and what steps are being taken to restore discipline among the police in Ireland?
My attention has been drawn to this statement, which, according to the police report, appears to have been made through some misunderstanding. Mr. Sullivan arrived at the courthouse on the 22nd ultimo, while a police search was in progress, and was refused admission by an auxiliary police officer, who did not know him. This officer committed the technical assault of placing his hands on Mr. Sullivan's shoulder, but no violence or threats were used. On Mr. Sullivan being recognised shortly afterwards by a member of the local police, he was admitted without further question, and both the county inspector and the auxiliary officer by whom he was prevented from entering apologised to him for the mistake.
May I ask whether the right hon. Gentleman thinks that this resident magistrate would have made that statement publicly in court unless he had been brutally assaulted, and is not this police force getting more and more out of hand?
I am sure that this gentleman, who is a member of the Bar, made the statement under the misunderstanding referred to in my answer.
Escaped Prisoners (Death)
asked the Chief Secretary for Ireland whether two brothers, named Patrick and Harry Loughnane, of Sharraglish, Gort, were arrested by auxiliaries on the night of 26th November last and taken away in a motor lorry; whether the bodies of these young men were subsequently found in a pond, mutilated and charred with fire; and what is the Government's theory of the cause of their deaths?
According to the evidence given at the military court of inquiry, these men were arrested by auxiliary police on the 26th ultimo, and escaped from custody in Drumharana .Castle the same night. Their bodies were discovered in a charred and mutilated condition near Kinvarra, about four miles from Drumharana Castle, on the 5th instant. No evidence was given to account for the manner in which they met their deaths, and the finding of the Court was that their deaths were caused by means and persons unknown.
Is the right hon. Gentleman aware that this terrible occurrence is being talked about through the whole neighbourhood, and that the general opinion is that these men met their death through being dragged behind a motor car? Will he have further inquiries made to clear up this terrible occurrence?
I will have further inquiries made, but the condition of the bodies does not suggest that they were dragged behind a motor car.
Mr. Arthur Griffith (Imprisonment)
asked the Chief Secretary for Ireland how long Mr. Arthur Griffith, M. P., has been in prison; what is the charge against him; has Mr. Griffith been informed of this charge; and when will he be tried?
Mr. Arthur Griffith, M.P., was arrested on 27th November last. Inquiries into his case are being proceeded with as speedily as possible, but pending their completion I am not prepared to make any statement.
Arrests and Internments
asked the Chief Secretary for Ireland the number of arrests made in Ireland since 15th November; the number of Irish men and Irish women now in prison or interned; the number of such persons who are alleged to be active members of the Irish Republican Army; the number arrested on suspicion under Section 14 (b) of the Defence of the Realm Act; and the number it is proposed to charge and try?
I regret that I cannot give in detail the figures asked for, but the number of persons (all of whom are believed to be active members of the Irish Republican Army) against whom internment Orders under the Restoration of Order in Ireland Regulations, No. 14B, have been made is 1,002. In addition, there are approximately 750 untried persons now in custody. Determinations for trial under the Restoration of Order in Ireland Regulation, No. 56, have been issued in the case of about 250 of these. The cases of the remainder are still under consideration, and they will be dealt with with the utmost possible despatch.
May I ask the Prime Minister whether he is aware that these men, some of whom may be innocent, have been interned without any trial, that no provision has been made for their families, and that many of their families are suffering the greatest want; and whether the same pro vision could not be made for the families of these men which was made, as he knows well, for the families of the Boers in the field, whereby their women and children were kept from starvation? Will he give that matter his attention?
indicated assent.
Will the Prime Minister under no circumstances confuse murderers in Ireland with our gallant foes in South Africa?
"Cork Examiner."
asked the Chief Secretary for Ireland whether, on the night of 30th November, an officer and two men in uniform entered the offices of the "Cork Examiner," in Patrick Street, Cork, and forced three of the staff, at the point of the bayonet, to insert a notice in the issue of that journal for 1st December, drawn up by the Anti-Sinn Fein Society, addressed to all citizens of Cork, warning them that, if any householder was known to shelter any rebel or subscribe to any funds of the society known as Sinn Fein, they had better increase their fire and life insurance, as it would be needed; and whether he will take steps to protect the staff of the "Cork Examiner" against a repetition of such an outrage?
I am informed that the allegation in this question is entirely untrue. So far as can be ascertained, no members of the Crown Forces were responsible for the drawing up or the sending of the notices in question, which I understand were received by the "Cork Examiner" through the ordinary post, and not in the manner described.
What inquiries did the right hon. Gentleman make, and on what evidence is he prepared to say the alleged facts given in the question are untrue?
Inquiries were made in the ordinary course through members of the Constabulary stationed in Cork to ascertain the facts.
Will any prosecution be undertaken of the people who are responsible for putting that notice in the paper?
No, it is quite obviously impossible, seeing that the notices were received through the post, to get any evidence against any person.
Alleged Arson, Tipperary
asked the Chief Secretary for Ireland whether on Saturday last, following an ambush in Tipperary in which two soldiers were killed, a licensed grocer's shop in the main street of the town was fired and an attempt made to fire other houses with petrol; whether on Sunday another licensed grocer's shop was burnt; whether these burnings are an infringement of General Macready's order of the 16th instant; and whether those responsible for the fires will be brought to trial?
The General Officer Commanding in Chief informs me that he is inquiring into these allegations, and if it can be established that a breach of the recent General Order has been committed, the honourable Member may feel assured that appropriate action will be taken.
Outrages Upon Police and Soldiers
asked the Chief Secretary for Ireland the number of outrages upon police and soldiers since 1st October, and the number of police and soldiers who have been killed or wounded during that period; the number of civilians who have been killed or wounded, either by the military and police or by persons un-known; the number of deaths of civilians with regard to which the military inquiries have been held; and the number of private houses, shops, factories, and creameries, respectively, which have been destroyed during that period; and whether he can give an estimate of the value of the property destroyed?
I only received this question yesterday, and regret that it is impossible for me to furnish the information asked for at such short notice.
When does the hon. Gentleman expect that the inquiry will be concluded?
I am sure it is being done by the military authorities as quickly as it can considering the multifarious duties they have to discharge.
Is it the case that without any consideration of the general average of insurance the parties whose houses are burnt down are entitled to a full levy upon all their neighbours to replace the damage, and will he consider applying the law of general average to these burnings in order to prevent people having an incentive to burn down their own houses?
Peace Treaties
Reparations (Brussels Conference)
asked the Prime Minister whether he can make a statement as to the decisions of the Brussels Conference with regard to reparations
The Conference of experts at Brussels has adjourned until after Christmas. The experts of each nation will report to their own Government, and it is intended that when these reports have been received and considered they shall be followed by a Conference of Ministers. It would clearly be premature to make any statement at present. I doubt, too, whether it would be advisable to make any statement till after the Geneva Conference
Emigrant Traffic (Germany)
asked the Prime: Minister what is the cause of the delay in the introduction of legislation in Germany to give effect to Articles 367 and 368 of the Peace Treaty respecting emigrant traffic; and whether, in the interests of emigrants destined for North America and elsewhere from countries beyond Germany, adequate measures are being taken to prevent a recurrence of the scandals arising prior to the War from the system of German control stations and the arbitrary and monopolistic action of German shipping companies?
As a result of representations made to the German Government, I have hopes of being able to announce a satisfactory settlement very shortly.
Will the right hon. Gentleman take steps to give publicity to that in Germany?
Yes.
German Debtors
asked the Chancellor of the Exchequer whether he is aware that difficulty has arisen with reference to the liquidation of accounts for goods supplied by British firms previous to August, 1914, to debtors residing in then German territory who, owing to the re-arrangement of territory as established by the Peace Treaty, are not now recognised as German subjects, and that this imposes hardship and prospective loss on the firms in question; and whether he can take steps to secure for them the same facilities as are given to firms whose debtors are resident in the territory which is still recognised as German under the terms of the Peace Treaty?
I have been asked to reply. As the hon. Member is no doubt aware, the provisions of the Treaty of Versailles with regard to the settlement of pre-War debts relate only to debts owing by or to German nationals who were resident in Germany at the date of the coming into force of the Treaty. I regret, therefore, that it is not possible to deal with the claims of the British firms referred to under the Clearing Office system.
Does the hon. Gentleman realise the great hardship to British firms who are situated as stated in the question? Is there any method whatever by which the Government can assist them, not through the Clearing House system? Will the hon. Gentleman consider that?
I cannot see any way. We cannot alter the terms of peace. The remedy these firms have is to proceed against nationals who owe them money in their own country.
Would not the present rate of exchange make that a method inapplicable to these cases?
It makes it difficult. No doubt losses would be incurred, but it is impossible to legislate to govern people who are not covered by the Peace Treaty.
Will the hon. Gentleman consider if anything can be done if I communicate further information to him?
Yes.
Upper Silesia
asked the Prime Minister, whether the Government has assented to a modification of the Treaty of Versailles with reference to the taking of the plebiscite in Upper Silesia?
A modification was suggested in order to meet the special difficulties of the case, but I could not tell the hon gentleman, at present, whether that has been adopted
Greece
asked the Prime Minister whether he can state the nature of the credits or advances granted by the Allies to the late Government of Greece in connection with the operations against the Turkish Nationalists; what is the amount of these credits or advances; and from which of the Allies, respectively, have they been obtained?
No such advances have been made to Greece by His Majesty's Government. I cannot answer as regard's other Allied Powers.
Can the right hon. Gentleman say whether it is not a fact that this expedition was largely financed by Sir Basil Zaharoff, G.B.E.?
Questions
Unemployment
asked the Prime Minister if before the House rises he can give any further indication of his plans for dealing with unemployment should there be a still further extension during the Recess?
I would refer the hon. Member to the very full statement made on behalf of the Government in the course of the Debate on Tuesday last. The Government will continue during the Recess to watch developments and do its utmost to deal with them.
Has the right hon. Gentleman received a reply from the Building Trade Federation as to whether they propose to accept the proposals of the Government?
Is the right hon. Gentleman aware that in consequence of the serious number of men and women out of employment in West Ham the Board of Guardians have been compelled to grant £20,000 a week in outdoor relief, and that that means that our rates will be 30s. in the £ next year?
I am aware that there is a good deal of unemployment in that area. The Mayor of West Ham was on a deputation yesterday and stated the case very fully.
Will the Prime Minister use his influence in the direction of trying to settle the unfortunate dispute arising out of the demand of the employers in the shipping industry to reduce wages by 9s. a week, as a consequence of which 29,000 skilled men are out of work? If his services could be used to effect a settlement there it would have an immediate effect on a large number of unskilled workers.
I think the masters and the men prefer to settle that question themselves.
Are the Government still in negotiation with the trade unions on the question of the dilution of labour in order to employ the ex-service men, and when may we expect a decision?
I believe they are meeting in conference next week to consider the proposals of the Government.
Is the right hon. Gentleman not aware that we have been given that answer for the last 10 months and no headway has been made?
asked the Minister of Labour whether his attention has been called by public authorities to the general wish that productive or useful work should in all cases be undertaken where assistance is given in any form to the unemployed; and whether he will make this the governing keynote of his policy in dealing with unemployment?
Yes, Sir. And that is the principle underlying the dispensation of recent grants-in-aid of relief work.
asked the right hon. Gentleman whether, in view of the efforts being made to provide work for the unemployed, he will urge the trade unions to stimulate as much as possible the activities of their members who are still in the factories so that still further unemployment may be avoided by firms having to reduce staffs who close down through ca'canny methods.
I have no authority to compel trade unions to take action in the direction indicated, but if my hon. Friend will supply me with particulars of any cases in which there appears to be danger of a reduction of staff owing to restrictive methods, I shall be glad to bring them to the notice of any trade unions whose members may be concerned.
Is it not the fact that a good deal of unemployment in this country is known to be due to the adoption of ca'canny methods in the past?
Would it not be better for the hon. Member to give information where this evil exists instead of making general statements of this kind?
The latter part of my answer covers that. I hope my hon. Friend will bring to my notice any cases as to which he has information.
asked the Minister of Labour whether his attention has been called to the number of unemployed men living in Tollesbury, Essex, and that Tollesbury comes under the Mersea region for unemployment insurance, the distance to the labour exchange there involving a cross-country journey of 25 miles each day in order to satisfy the exchange that men are eligible for unemployment pay; and whether some arrangement can be made by the Ministry which will offer greater facilities to the men in question?
I am having inquiry made with regard to the cases mentioned by my hon. Friend. I may, however, explain that the personal attendance of a claimant for unemployed benefit may be excused in cases where an unusually long, expensive, or awkward journey is involved. Sanction has recently been given to the provision of a branch employment office at Tollesbury, and pending the opening of this office claimants in Tollesbury should make application by post to the Branch Employment Office, Public Hall Chambers, Mal-don.
Do I understand that these men will be excused from making this long journey while the right hon. Gentleman is considering the matter?
I am reviewing the Regulations with a view, while ensuring that public money shall be spent for the purposes for which it is intended, to seeing that these men shall not be put to undue hardship in having to make long journeys.
As this condition of affairs exists in many areas, will the right hon. Gentleman consider the idea of having a printed form applicable to the cases of persons residing in such areas, so that a halfpenny stamp instead of a twopenny stamp may be used?
I spent some time this morning on the point raised in this question, and in a question put by the hon Member for one of the divisions of Leicestershire a day or two ago, with a view to devising some plan which, while safeguarding the public funds and ensuring that they are properly used, shall, on the other hand, avoid undue hardship.
Will the right hon. Gentleman consider the advisability of having what we call an unemployment book at the Post Offices, which would obviate these difficulties?
May I point out that that is a common procedure in the trade union movement, and acts very efficiently?
asked the Minister of Labour the numbers of unemployed in the three or four trades which contribute most to the total of 550,000 unemployed according to the latest figures-available?
The trades or occupations in which the largest number of men were registered at Employment Exchanges at 10th December were: Engineering and ironfounding, 88,000 (of whom 21,000 were labourers); general labourers, 81,000; transport trades, 52,000; building and works of construction, 42,000' (of whom 16,000 were painters and 22,500 were labourers). The largest numbers of registrations among women were in domestic service, 26,000; textile trades, 24,000; clothing trades", 22,000. In addition there were, on 10th December, 88,042 persons on short time drawing Out-of-Work Donation or Unemployment Insurance benefit. Of these 50,474 were in the cotton trade; 15,325 in other textile trades; 8,555 in the clothing and boot and shoe trades; and 4,510 in engineering and ironfounding.
With regard to the number of painters and labourers who are unemployed—totalling some 38,000 —is it not the case that all of those men would be employed, and more, if the number of bricklayers were increased; and is it not the case that a large number of men in the finishing trades also would be employed if there were more bricklayers?
Speaking generally there are 42,000 men out, but 22,500 of these are labourers, and those would be absorbed if we could get more bricklayers. Not only all the labourers, but also the 16,000 painters and the others who come in at the close of the operations connected with housing would be absorbed if there were more bricklayers.
Why do you not insist on training bricklayers instead of flirting with the trade unions?
Is the right hon. Gentleman aware that a large number of firms and factories will be shutting down within the next two weeks, and will the class of men and women so thrown out of employment be entitled to unemployment benefit?
My hon. Friend had better give me particulars of the cases in question.
It is public property.
There is no civilian out-of-work donation; it is confined now to ex-service men. Such people as my hon Friend mentions would be entitled to the unemployment insurance benefit as amended by the Bill passed a night or two ago.
Is it not a fact that a very large number of these men and women will come under the new Insurance Act, and, as the factories will be shut down for 14 days or more, will they not be entitled to go to a labour exchange and register?
May I ask whether the right hon. Gentleman will not present an ultimatum to the Builders' Union that, unless they will train these men, the Government will train them themselves, and thus provide work for the others?
That question has been frequently asked and frequently answered.
It is a very important subject.
You have been sitting up all night, sonny!
Imperial Prime Ministers (Meeting)
asked the Prime Minister when the first Imperial Conference will be held next year; and whether he will undertake' that nothing material will be done towards the renewal of the alliance with Japan until that Conference has considered the matter together with the growing naval rivalry between the United States of America and Japan?
As regards the first part of the question, I would refer to the answer which I gave to the hon. and gallant Member for Huntington on the 11th November and to the answer given to the hon. Member for Frome on the 17th November. The meeting of Prime Ministers is to be held in June, 1921. As regards the second part of the question, His Majesty's Government have already agreed that they will only act in this matter after consultation with the Dominion Governments.
Land Valuation Records
asked the Chancellor of the Exchequer whether any and, if so, which town or city councils have asked to be provided with the records of the valuation of land made under the provisions of The Finance (1909-10) Act, 1910; whether they asked for the particulars of that valuation or for the aggregate of the values recorded in the areas administered by the town or city councils; and whether, if the town or city councils undertook to pay the cost of tabulating the records of the valuation, the Government would consent to have the values added up, aggregated, and reported to the councils making the request.
Requests of the nature referred to by the hon. Member have been received from the councils of Glasgow, Manchester, Worcester and West Ham, and from a section of the council of Falmouth. In general, the requests have been for the aggregate of the values of land in the respective council areas, though in at least one case more detailed information has been asked for. As regards the third part of the question, in view of the time and labour which would necessarily have to be spent upon this work by the staff of the Inland Revenue Valuation office, I cannot undertake to furnish the particulars in question.
Is the right hon. Gentleman aware that most of these councils are proposing to present bills to Parliament which will give them power to impose rates upon land values and is this information not essential for the purpose; and if they are willing to bear the necessary expenditure why should the right hon. Gentleman allow political prejudices to interfere with the local authorities taking the administrative steps necessary for that purpose?
I have no knowledge of the motives which prompt these councils teo ask for this information. If I am to use the staff of a public office economically and reduce its expenditure to the lowest possible I must not be asked to compile fancy statistics for these councils.
If these authorities in the hope of raising enormous revenues from public sources which should be available to them for a small expenditure are themselves willing to meet the necessary expenditure, why should the Chancellor of the Exchequer stand in the way?
Because I do not want the work of the Inland Revenue interfered with, and I do not want to encourage any local authority to go to the expense of proposing measures to Parliament in the present circumstances, which I do not think Parliament will be likely to sanction.
Is not one reason why the right hon. Gentleman will not give the information the fact that the landlords would be digging their own graves?
I do not propose to give the information for the reason I have stated, that it will interfere with the work of a Government office, and I think the information would be valueless.
Has the right hon. Gentleman's opinion the approval of the Prime Minister?
The Prime Minister can reply to that question if he thinks proper. I have not thought it necessary to consult him, and I take all the responsibility.
Why does the right hon. Gentleman say that this Parliament will not pass such legislation when the Government of the day is presided over by a Prime Minister who is pledged to it up to the hilt?
Because I do not suppose for a moment that the House will touch a subject of this kind by means of private Bills applicable to a particular corporation. If they wish to pass legislation on this subject they will do so in the form of notional legislation.
Blind Persons Act, 1920
asked the Chancellor of the Exchequer whether he will submit, for the information of this House, the instruction or instructions which have been issued to pension officers in connection with claims to pensions under Section 1 of the Blind Persons Act, 1920?
The instructions referred to are of a confidential nature and intended for departmental use only. They have no validity except as directions by the Board of Customs and Excise to their own officers, and it is not, in my opinion, to the interests of the public service that they should be published in any form.
asked the Chancellor of the Exchequer if he will state the kind or kinds of evidence of total or partial blindness necessary to enable a pension officer to recommend to an old-age pensions committee, in accordance with his present instructions, the grant of a pension under Section 1 of the Blind Persons Act, 1920, and the circumstances in which the pension officer, in accordance with his present instructions, must appeal, if a committee to whom he has recommended the refusal of a pension decide that the claimant has satisfied the statutory condition of blindness, and if in other respects there is complete agreement between the committee and the pension officer as to the claimant's title to a pension and as to its rate?
I would refer the hon. Member to the reply given to the hon. Member for West Ham on the 20th instant.
Is the right hon. Gentleman aware that constant appeals by pension officers are making the Blind Pensions Act a mockery for the people to whom Parliament intended it to apply?
I am not aware of that. An hon. Member put a question on this subject a few days ago, and I invited him to furnish me with any information he may have on the matter. I have undertaken to look into it.
Coal Industry
Exports from Humber Ports
asked the Secretary for Mines whether it was intended to accumulate reserves of coal equal to those held before the recent coal strike before permitting exports of coal, other than slack, from the Humber ports; whether the reserves then held were abnormal; and whther he will consider the releasing of some coal for ex- port in the interests of Humber shipping and trade and the more gradual building up of reserves of coal in the country.
The stocks of coal held in the country before the strike were not abnormal. My present anxiety is to see that current winter demands are met. As to the question of accumulating reserves, I replied to it in answer to a supplementary question asked by the hon. and gallant Member on the 13th December.
Were there not as a matter of fact very great reserves in view of the possibility of a coal strike? Bearing in mind the greater peace in the coalfields, and the increased production, does the right hon. Gentleman not think it in the interests of trade and shipping that this coal should be allowed to be exported?
In some instances there were considerable reserves, but my hon. and gallant Friend must remember that that was in the months of September and October and the early part of November, in which period companies usually sell great quantities. I am fully aware of the desirability of releasing the coal for export as soon as possible, and today I have taken steps which I hope may prove of use in that direction.
Questions
West Indies (British Steamship Service)
asked the Under- Secretary of State for the Colonies what steps are now being taken to increase and improve the British steamship service to the West Indies?
The matter is under consideration, and it is hoped that, with the co-peration of the Colonies concerned, it may be possible to make improved arrangements for a British passenger service to the West Indies in the future.
News Service (Canada)
asked the Under-Secretary of State for the Colonies what is the present position of negotiations between Reuter's agency on the one hand and the British and Canadian Governments respectively on the other hand regarding the provision of a special British news service to the Canadian Press?
So far as His Majesty's Government is concerned, there is nothing at present to add to the answer which I gave to my hon. Friend on 22nd November. I have no information as to any negotiations between Reuter's and the Canadian Government.
May I be permitted to ask Questions 87 and 88, which, as usual, have not been reached. I was asked to postpone them on Tuesday.
There are a good many others which have not been reached. The hon. and gallant Gentleman must use his influence with his friends to abate the number of supplementary questions.
Russia
Trade Agreement
( by Private Notice ) asked the Prime Minister whether, in view of the definite promise given by him that an opportunity would be given to this House of discussing the proposed trade agreement with Russia before same is signed, he will now give an undertaking that the proposed agreement shall not be signed before this House is given the promised opportunity?
It was made quite plain, both in the speech of my right hon. Friend the President of the Board of Trade and in an answer given by the Leader of the House, that the detailed explanation given yesterday of the terms on which the agreement would be based would be accepted by thee Government as authorising them to conclude it during the Recess.
Is the right hon. Gentleman aware that, with one solitary exception, no Member of the House with a practical knowledge of the subject who desired to oppose the proposed trading agreement was given any opportunity of speaking?
In view of the fact that the two recognised leaders of Bolshevism have publicly declared that it is their intention to upset the governmental system of the British Empire, will the right hon. Gentleman see that no trading agreement is come to until all propaganda in our British Eastern possessions shall cease in accordance with the terms of the agreement?
If the hon. and gallant Gentleman had been here yesterday, he would have heard the President of the Board of Trade make it perfectly clear that that is one of the definite conditions on which trading is to be resumed. With regard to the question of the hon. Gentleman (Mr. Raper), I was here during the whole discussion, and it was perfectly manifest that the House, with only one exception as far as I could discover, accepted the declaration made by my right hon. Friend.
Would the Prime Minister consider also the effect of anti-Bolshevist propaganda in this country?
There again a statement was made by my right hon. Friend. The conditions are reciprocal, but that does not mean that anti-Bolshevik propaganda in this country is to cease.
May I ask in the interest of fair play and in order to get some idea of international sanity whether, having regard to the fact that Russian subjects in Great Britain propagating Bolshevism can be dealt with by British authorities, can also persons who are likely to foment war-like feeling between nation and nation be deprecated by official statements from the British Government?
I am afraid the hon. Member's logical faculty is failing him. If British subjects went to Russia in order to start an agitation against the Government there they would have to take the consequences, and the same thing will apply in this country.
Is the right hon. Gentleman aware that Bolshevism is not the result of propaganda, but the result of privation and distress, and in view of the unemployment existing in this country, to some extent due to the absence of trade with Russia, is it not likely that distress in this country will lead to Bolshevism?
I should say that Bolshevism is rather the cause than, the effect, and anyone who knows the condition of Russia, with its terrible starvation and disease, knows that perfectly well.
rose—
It is no use reviving the Debate of yesterday.
Questions
National Expenditure
( by Private Notice } asked the Prime Minister whether, in view of the great anxiety throughout the country at the present financial position, he will inform the House what interpretation the Government place on the words "not yet in operation" in the recent Cabinet Minute which lays down that it is an instruction to all Government Departments that schemes involving expenditure not yet in operation are to remain in abeyance, and what is the estimated saving which will be effected by this decision of the Cabinet?
I do not think that it is possible at present to give any more precise definition of the rule, but it is, of course, the intention of His Majesty's Government to make the rule effective. The detailed application to particular Departments is at present under consideration. It must take a little time to arrange. I am not in a position to estimate the savings likely to be effected by the decision, since in such cases, for example, as that of continuation schools, a day for the Act to come into operation has not up to the present, and would not in any case, have been fixed except upon the request of the local authority, and I obviously cannot say how many or which local authorities would have so applied to have an appointed day fixed.
Does the right hon. Gentleman think it fair, having regard to the fact that the cost of education in this country is £47,000,000 per year more than it was in 1914, for continuation schools to be started in some parts of the country and not in others, and is he aware that the London Members yesterday passed a Resolution requesting that they should not be started in London?
My. hon. Friend's figures are mistaken, and, as regards the rest of his question, I have no knowledge of the Resolution passed by the London Members yesterday. The London Members are not under statute the education authority for London, and it was upon the application of the legal and competent authority for London that an appointed day was fixed.
The right hon. Gentleman does not appreciate my question. Is it fair that these continuation schools should be brought into operation in one part of the country and not in another part, simply because an appointed day has been fixed, when in no part of the country have they been actually put into operation?
My hon. Friend is not informed of the facts. Such schools are already in operation in parts of the country.
Not in London.
That was not my hon. Friend's question, and he cannot change his question after he has put it. He must wait until he has an opportunity of asking another question. My hon. Friend is inaccurate in his assumption that such schools are not in existence. There are over one hundred of them already in existence. It was part of the scheme that the Act should be brought into operation gradually in those areas where the demand was greatest and where the local authorities desired it. The Act was brought into operation for London on the application of the local authority for London. If they want to slow down the action of the Act, then that same authority should communicate with my right hon. Friend the Minister of Education; but they are responsible for inviting my right hon. Friend to fix a day for London.
Is not this a matter in which the National Exchequer is very vitally concerned as well as the London County Council, having regard to the fact that 50 per cent. of the expenditure has to be borne out of Imperial sources? In view of what the right hon. Gentleman says as to the inaccuracy of my figures, that the cost of education has gone up by £47,000,000 per year, may I say that this figure was given to me by the Minister of Education?
If the hon. Member wishes to ask a question with regard to figures, he ought to give notice of it.
He has bricks and figures on the brain.
Farrow's Bank
Legal Proceedings
4.0 P.M.
( by Private Notice ) asked the Chancellor of the Exchequer if any action has been taken or is contemplated in the interests of the depositors of Farrow's bank, and whether he can issue any statement calculated to reassure these people, many of whom are destitute?
The affairs of the bank are in the hands of the Official Receiver, and, as the House is aware, legal proceedings have been already taken. It is not for me to take any action, and until full investigation has been made it is not possible to say to what extent the liabilities of the bank to its depositors can be met.
If, as alleged, the Board of Trade knew that the bank was unsound some time ago, why is it that steps were not taken to safeguard the interests of these poor people, and, having regard to the rumours current in this House of the imminence of further financial catastrophes—[HON. MEMBEES: "No!"]
I know of no such rumours, and I know of no foundation for rumours of that kind.
I will inform the Chancellor privately what they are.
This is an institution which it is said has been unsound for many years through mismanagement. The circumstances which have led to its downfall are not common, I hope, to such institutions, and are certainly not common to what we ordinarily regard as the banking institutions of this country.
Having regard to the fact that a great proportion of working people who live from one week to the next are not gifted in financial matters or financial strategy, does not the right hon. Gentleman think that some steps should be taken to warn the public of the kind of banks that exploit them?
Is the right hon. Gentleman aware that the Press of the country, through their city editors, whatever that may mean, have intimated that there is the possibility of certain payments being made by the bank or the Official Receiver before Christmas, and can he say whether there is any truth in such statement?
I am not aware of it. I speak with all reserve, but I cannot conceive that it could be possible. I have no knowledge on the subject, and the matter is not within my jurisdiction. With regard to the further question of the hon. Member opposite (Mr. Mills), I. do think that it is most desirable that as early as may be the question of what institutions are entitled to describe themselves as banks should come under the review of this House. The matter has been engaging the attention of the President of the Board of Trade, but the House knows how very fully his time has been occupied, and he has been unable to deal with it this Session.
May I ask whether the Government are conducting the prosecution; if so, whether the prosecution will make inquiries when the last deposits were made; and whether the right hon. Gentleman is aware that hundreds of people made deposits—some of them big deposits—last Saturday?
I really do not think that I ought to be asked questions in regard to pending judicial proceedings, not merely pending judicial proceeding, but pending criminal proceedings.
Are not all the depositors of this bank to the extent of their deposits capitalists?
Question
Washington Conference (Maternity)
( by Private Notice ) asked the Minister of Health whether he is yet in a position to state the intentions of the Government in regard to the Washington Conference, re maternity?
I have not received written notice of my right hon. Friend's question, but I can answer it. As he is aware, the views of this Department were communicated some time ago. I understand that questions have arisen affecting international law. They have been referred to the Law Officers, and the matter is with them at present.
Is it within the recollection of the right hon. Gentleman that he has given me that answer almost in exactly similar terms to the same question for the last six months? Will he undertake to speed up the Law Officers? Is he aware that the Government are under an obligation to put this Convention to this House within twelve months of 26th January last? There may be exceptional circumstances which would justify its postponement. Will he bear that fact in mind and endeavour to get these International law questions settled as speedily as possible? Is it not a fact that international law questions can only arise if the Government intend to put the Convention into operation, and, inasmuch as the right hon. Gentleman has said that they do not intend to do so, why raise these international law questions at all?
I really cannot profess to answer questions of international law, and I would ask my right hon. Friend to address them to another Minister. I can only say, as he is well aware, that so far as this Department is concerned its work on this matter was finished some two or three months ago. I understand that the questions are very difficult and intricate. I am quite unable to answer them. They involve questions of international law, on which I am entirely ignorant.
Inasmuch as the right hon. Gentleman has stated that the Government do not intend to put this Convention into operation, how can questions of international law arise at all?
The Government, of course, can only speak for themselves, and this matter, as my right hon. Friend is aware, will have to come before the League and will have to be discussed in this House. Therefore, questions affecting other nations do inevitably arise.
Is my right hon. Friend aware that the matter need not come before the League at all? It must come before this House. The Government are under an obligation to put it to this House, but, having done that, it is not the business of any League to have anything more to do with it.
I am well aware of those facts. At the same time I am advised that important international questions must be settled before the Government can put it to this House, and those are the matters which are occupying this long time. I regret the delay as much as my right hon. Friend, but I know that the Law Officers are being as expeditious in the matter as they can.
Business of the House
In view of the arrangement arrived at some time ago, can my hon. Friend, the Leader of the House, state whether in his opinion it is likely that Prorogation can take place to-day?
Before the right hon. Gentleman replies, may I say, speaking so far as the independent opposition during last night is concerned, that they are quite prepared to allow the Government to have all the further Lords Amendments without opposition, and I think that the other parties concerned are equally of the same opinion, in order to suit the convenience of the House.
The hon Member is entitled to speak for a very eloquent part of the Opposition. With regard to my right hon. Friend's question, the House of Lords has been adjourned till 6 o'clock. We trust that by that time our Amendments will be there. I still hope that it will be possible to have the Prorogation to-night. I presume that as soon as we have done with these Amendments, Mr. Speaker will suspend the Sitting, until such hour as to him seems probable that Prorogation can take place.
Parliamentary Papers
laid upon the Table: List of the Bills, Reports, Estimates, and Accounts and Papers printed by order of the House, and of Papers presented by Command, Session 1920, with a General Alphabetical Index thereto, 31st Parliament, Second Session, 10th and 11th George V., 10th February, 1920, to 23rd December, 1920; to be printed. [No. 256.]
Public Petitions Committee
Third Report brought up, and read;
Report to lie upon the Table, and to be printed.
Procedure Governing Bills Which Involve Charges
Report from the Select Committee, with Minutes of Evidence and an Appendix, brought up, and read;
Report to lie upon the Table, and to be printed. [No. 257.]
Message from the Lords
That they have agreed to
Consolidated Fund (Appropriation) (No. 2) Bill,
Dyestuffs (Import Regulation) Bill,
Unemployment Insurance (Temporary Provisions Amendment) Bill, without Amendment.
That they do not insist on their Amendments to Housing (Scotland) Bill, to which this House has disagreed, and they agree to the Amendments made by this House to the Bill in lieu of their Amendments to the Bill to which this House has disagreed.
That they have agreed to—
Amendments to—
Air Navigation Bill [ Lords ], without Amendment.
Orders of the Day
Agriculture Bill
Lords Amendments further considered. CLAUSE 10.—( Application of Act to Cottage on Holdings under Act of 1908.)
(2) in lieu of any compensation which in the case of a holding is to be ascertained by reference to the rent of the holding, there shall be payable a sum equal to fifty-two times the maximum weekly value of the benefit of the provision of a cottage free from rent and rates as determined for the district under the provisions of the Act of 1917; and
(3) Sub-sections (2) and (3) of section seven shall not apply; and
(4) where the tenancy or occupation of the workman is terminated by reason of a notice to quit given to the tenant of the holding and compensation for disturbance is recoverable by him from his landlord, the compensation payable under this Section to the workman by the tenant of the holding shall be recoverable by the tenant of the holding from the landlord as part of the compensation so recoverable:
Provided that where under paragraph ( b ) of this Section the tenant of a holding seeks to obtain a certificate from the district wages committee or a sub-committee of that committee, the occupier shall be entitled to appear before the district wages committee or the sub-committee, as the case may be, and shall, in the event of the certificate being refused, also be entitled to recover from the tenant the expenses incurred by him in appearing before the district wages committee or the sub-committee.
Lords Amendment:
In paragraph (2), leave out the words
"in lieu of any compensation which in the case of a holding is to be ascertained by reference to the rent of the holding, there shall be payable a sum,"
and insert
"the compensation payable shall be such sum not exceeding ten pounds as is".
Disagreed with.
I beg to move, in lieu of the Lords Amendment disagreed with, in paragraph (2), to leave out the words
"in lieu of any compensation which in the case of a holding is to ascertained by reference to the rent of the holding, there shall be payable,"
and to insert
"(2) For the purpose of compensation the year's rent of the dwelling house shall be taken to be".
The effect of this Amendment is to apply as nearly as possible the scheme of compensation for the tenant farmer to the case of the labourer.
Amendment agreed to.
Lords Amendment:
In paragraph (3), leave out the words "of section seven," and insert "and paragraph of Sub-section (7) of the said section."
Amendment made to Lords Amendment: After the word "paragraph" insert "(b)," agreed to.—[ Sir A. Boscawen. ]
Lords Amendment, as amended, agreed to.
Lords Amendments:
At the end of paragraph (3), insert new paragraph—
"(4) Any question as to whether compensation is payable under this Section or as to the amount payable shall, on the application of the tenant or workman, be determined by the district wages committee or a sub-committee to which power in that behalf has been delegated by the committee, and the committee or sub-committee may, in any case in which it appears to them to be just, direct the payment by the tenant to the workman of a sum in respect of his expenses of appearing before them, and any sum so directed to be paid shall be recoverable summarily by the tenant as a civil debt."
Leave out paragraph (4).
Leave out the word "occupier" ["the occupier shall be entitled"], and insert "workman."
Agreed to.
Lords Amendment:
Leave out the words
and insert
"such sum as the Board, Committee, or Sub-Committee may direct in respect of any expenses incurred by him in appearing before them,"
Amendment made to Lords Amendment: Leave out the word "Board." Agreed to.
Lords Amendment, as amended, agreed to.
CLAUSE 11.—(Extension of tenancies under leases for a term of years.)
"(1) In the case of a tenancy for a term of two years or upwards, the tenancy shall not terminate on the expiration of the term for which it was granted unless not less than one year nor more than two years before the date fixed for the expiration of the term a written notice has been given by either party to the other of his intention to terminate the tenancy, and any notice so given shall be deemed to be a notice to quit for the purposes of the Act of 1908 and this Act.
(2) If no such notice is given the tenancy shall, as from the expiration of the term for which it was granted, continue as a tenancy from year to year, but otherwise so far as applicable on the terms of the original tenancy.
(3) This Section shall not apply to any tenancy granted for a term expiring on some date earlier than the first day of January nineteen hundred and twenty-two.
(4) In any case to which this Section shall apply, it shall apply notwithstanding any agreement to the contrary."
Lords Amendment:
Leave out the Clause.
I beg to move, "That this House doth disagree with the Lords in the said Amendment."
The effect of that will be to restore Clause 11.
Question put, and agreed to.
I beg to move, in Sub-section (1), after the word tenancy ["a tenancy for "], to insert "of a holding."
Amendment agreed to.
I beg to move to leave out Sub-section (3), and to insert instead thereof a new Sub-section
Amendment agreed to.
CLAUSE 13.—{Amendment of law as to Improvements.)
13.—(1) Where the landlord of any holding refuses or within a reasonable time fails to consent in manner required by Section two of the Act of 1908 to the making of any improvement comprised in Part I of the First Schedule to that Act, not being an improvement comprised in the Third Schedule to that Act, either absolutely or except upon such terms as the tenant is unwilling to accept, the agricultural committee for the area in which the holding is situate may, on the application of the tenant and after giving the landlord or his representative an opportunity of being heard, direct that the improvement shall be treated for the purposes of the Act of 1908 as if it were an improvement comprised in Part II of the First Schedule to that Act, and any direction given by the agricultural committee under this Sub-section may be given subject to such condition, if any, as the committee think fit.
(2) The Minister may, by regulation, substitute such percentages or period as he thinks fit for the percentages and period mentioned in Sub-section (3) of Section three of the Act of 1908.
(3) Where a tenant desires to make on his holding or any part of his holding any improvement comprised in the Third Schedule to the Act of 1908 and the landlord refuses, or within a reasonable time fails, to agree in writing that the holding or that part of the holding shall be treated as a market garden, the agricultural committee for the area in which the holding is situate may, on the application of the tenant and after hearing the landlord or his representative, and after being satisfied that the holding or part of the holding is suitable for the purposes of market gardening, direct that Section forty-two of the Act of 1908 shall, either in respect of all the improvements comprised in the said Third Schedule or in respect of some only of those improvements, apply to the holding or to that part thereof, and the said Section shall apply accordingly as respects any improvements executed after the date on which the direction is given.
Any direction given by an agricultural committee under this Section shall be subject to such conditions, if any, as the committee may think fit to attach to the direction, and where any such direction is given the following provisions shall have effect:—
( a ) If the tenancy is terminated by notice to quit given by the tenant or by reason of the tenant becoming bankrupt or compounding with his creditors, the tenant shall not be entitled to compensation in respect of any such improvements as are specified in the direction unless the tenant not later than one month after the date on which the notice to quit is given or the date of the bankruptcy or composition, as the case may be, or such later date as may be agreed, produces to the landlord an offer in writing by a substantial and otherwise suitable person (being an offer which is to hold good for a period of one month from the date on which it is produced), to accept a tenancy of the holding from the termination of the existing tenancy thereof, and on the terms and conditions of that tenancy, and, subject as hereinafter provided, to pay to the outgoing tenant all compensation payable under the Act of 1908 as amended by any other Act, or under the contract of tenancy, and the landlord fails to accept the offer within two months after the production thereof; and
( c ) If the direction relates to part only of the holding the direction may, on the application of the landlord, be given subject to the condition that the tenant shall consent to the division of the holding into two parts (one such part being the part to which the direction relates) to be held at rents agreed by the landlord and tenant or in default of agreement settled by the committee, but otherwise on the same terms and conditions as the original holding, so far as applicable.
Provided that where a tenant has been accepted in accordance with the above provision and on the terms and conditions of the existing tenancy, a new tenancy shall not be deemed to have been entered into for the purposes of Sub-section (3) of Section seven of this Act.
(6) If in any case a landlord or tenant by notice in writing given to the other party shall so require the power which under this Section may be exercised by a committee shall in that case be exercised by an arbitrator appointed and acting under and in accordance with the provisions of the Second Schedule to the Act of 1908.
Lords Amendments:
In Sub-section (1), leave out "not being an improvement comprised in the Third Schedule to that Act", and insert
"(other than the erection, alteration, or enlargement of buildings or an improvement comprised in the Third Schedule to that Act) which is declared by regulation made by the Minister to be an improvement to which this Sub-section applies";
After the word "any" ["such conditions if any"], insert "for the protection of the landlord."
At the end of Sub-section (1), insert
" Provided that in considering any such application the agricultural committee shall have special regard to the estimated cost of the improvement in relation to the rent of the holding. A draft of any Regulations made under this Sub-section shall be laid before each House of Parliament for not less than thirty days during which that House is sitting, and, if either House before the expiration of that period presents an address to His Majesty against the draft or any part thereof, no further proceedings shall be taken thereon, but without prejudice to the making of any new draft regulation."
At the end of Sub-section (2), insert "having due regard to the current rates of interest."
In Sub-section (3), at the beginning, insert the words "Subject to the provisions of this Section."
Agreed to.
Lords Amendment:
In Sub-section (3), After the word "given" ["on which the direction is given"], insert "provided that nothing in this Sub-section shall authorise the breaking up of meadow land or pasture."
Disagreed with.
I beg to move, at the end of Sub-section (3), to insert
" A direction under this Sub-section may authorise the breaking up of meadow land or pasture, subject to such conditions as will in the opinion of the committee secure that the landlord shall not be injuriously affected."
Amendment agreed to.
Lords Amendments:
In Sub-section (3), leave out the word "Section" ["given by an agricultural committee under this Section"], and insert "Sub-section."
Leave out the word "any" ["subject to such conditions if any"], and insert "for the protection of the landlord."
In Sub-section (3, a), leave out the words "one month" ["for a period of one month"], and insert "three months."
After the word "tenancy" ["terms and conditions of that tenancy"], insert "so far as applicable."
Leave out the words, "as amended by any other Act."
Leave out the word "two" ["accept the offer within two months"], and insert "three."
In Sub-section (3,
"Provided that where a tenant has been accepted in accordance with the above provision and on the terms and conditions of the existing tenancy, a new tenancy shall not be deemed to have been entered into for the purposes of Sub-section (3) of Section seven of this Act "—
and insert,
("(4) A new tenancy created by the acceptance of a tenant in accordance with the provisions of this Section on the terms and conditions of the existing tenancy shall not be deemed to be a new tenancy for the purposes of the provisions of this Act relating to demands for arbitration as to rent.")
In Sub-section (6), leave out the word "power" ["shall so require the power"], and insert "powers."
Leave out the words "Second Schedule to the."
Agreed to.
CLAUSE 14.—(Compensation for continuous high farming.)
(1) "Where a tenant who quits a holding after the commencement of this Act on so quitting proves to the satisfaction of an arbitrator appointed under the Act of 1908 that the value of the holding to an incoming tenant has been increased during the tenancy by the continuous adoption of a standard of farming or a system of farming which has been more beneficial to the holding than the standard or system required by the contract of tenancy, the arbitrator shall award to the tenant such compensation as in his opinion represents the benefit accrued to the holding by the adoption of that standard or system:
Provided that—
( a ) This Section shall not apply in any case unless a record of the condition of the holding has been made under this Act or under the Act of 1908 or in respect of any matter arising before the date of the record so made; and
( c ) The arbitrator in assessing the value of the benefit accrued to the holding shall make due allowance for any compensation agreed or awarded to be paid to the tenant for any improvement specified in the First Schedule to the Act of 1908 which has caused or contributed to the benefit.
(2) Nothing in this Section shall entitle a tenant to recover in respect of an improvement specified in the First Schedule or the Third Schedule to the Act of 1908 any compensation which he would not be entitled to recover if this Section had not been passed.
(3) The continuous adoption of such a beneficial standard or system of farming as aforesaid shall be treated as an improvement for the purposes of this Part of this Act.
Lords Amendment:
In Sub-section (1), after the word "system" ["standard or system"], insert "if any."
Agreed to.
Lords Amendment:
In Sub-section (1), leave out the words "benefit accrued to the holding by," and insert "value to an incoming tenant."
Amendment made to Lords Amendment: After the word "tenant" insert "or."—[ Sir A. Boscawen. ]
Lords Amendment, as amended, agreed to.
Lords Amendments:
In Sub-section (1, a ), leave out the words "this Act or under."
In Sub-section (1, c ), leave out the words "benefit accrued to the holding," and insert "or due to an incoming tenant."
Lords Amendment:
In Sub-section (2), leave out the word "be" ["not be entitled"], and insert "have been."
Agreed to.
Lords Amendment:
Leave out Sub-section (3).
Disagreed with.
Amendment made: In Sub-section (3), leave out the words "this Part of this Act," and insert instead thereof the words
"the provisions of this Act relating to the determination of the rent properly payable in respect of a holding."—[ Sir A. Boscawen. ]
CLAUSE 17.—(Compensation to landlord for deterioration of holding.)
Where a landlord proves, to the satisfaction of an arbitrator appointed under the Act of 1908, on the termination of the tenancy of a holding, that the value of the holding has been deteriorated during the tenancy by the failure of the tenant to cultivate the holding according to the rules of good husbandry and the terms of the contract of tenancy, the arbitrator shall award to the landlord such compensation as in his opinion represents the deterioration of the holding due to such failure:
Provided also that this Section shall not apply in any case unless a record of the condition of the holding has been made under this Act or in respect of any matter arising before the date of the record so made.
Lords Amendments:
Leave out the word "and" ["husbandry and"], and insert "or."
Leave out the words
"Provided also that this Section shall not apply in any case unless a record of the condition of the holding has been made under this Act or in respect of any matter arising before the date of the record so made "—
and insert
"Provided also that nothing in this Section shall prevent a landlord from claiming compensation for dilapidations or for the deterioration of the holding under the contract of tenancy."
Agreed to.
CLAUSE 18.—(Provisions for expediting and reducing costs of arbitrations.)
(2) On an arbitration under the Act of 1908 the arbitrator may, if he thinks fit—
(a) make separate awards in respect of the several claims referred to him; and
Lords Amendments:
In Sub-section (2), leave out the words "may, if he thinks fit," and insert "shall."
In Sub-section (2, a ), leave out the words "make separate awards," and insert "state separately in his award the amounts awarded."
After the word "and," insert "may if he thinks fit."
Agreed to.
CLAUSE 20.—(Resumption of part of holding by landlord.)
Provided that in assessing the compensation payable to the tenant, the arbitrator shall take into consideration any benefit or relief allowed to the tenant under the contract of tenancy in respect of any land resumed in pursuance of such provision.
Lords Amendment:
After the word "tenant" ["tenant, the"], insert "and the reduction of rent."
Agreed to.
CLAUSE 21.—(Amendment of s. 40 of 8 Edw. 7. c. 28.)
(1) Section forty of the Act of 1908 shall have effect as though for the words "the powers by this Act conferred on a landlord (other than that of entering on a holding for the purpose of viewing the state of the holding)" and the words "the powers by this Act conferred on a landlord (other than as aforesaid)" contained in Sub-section (1) and Sub-section (2) respectively of the said Section there were substituted the words "the powers by this Act conferred on a landlord in respect of charging the land."
Lords Amendment:
In Sub-section (1), leave out the word "the" ["charging the land"].
Agreed to.
CLAUSE 23.—(Prohibition of removal of manure, etc., after notice to terminate the tenancy.)
"Where after the commencement of this Act notice to terminate the tenancy of a holding is given, either by the tenant or by the landlord, the tenant shall not, subject to any agreement to the contrary, at any time after the date of the notice, sell or remove from the holding any manure or compost, or any hay or straw or roots grown in the last year of the tenancy unless and until he has given the landlord a reasonable opportunity of agreeing to purchase on the termination of the tenancy at their fair market value, or at such other value as is provided by the contract of tenancy, the said manure, compost, hay, straw, or roots.
Lords Amendment:
After the word "landlord" ["until he has given the landlord a reasonable opportunity"], insert "or incoming tenant."
Agreed to.
CLAUSE 25.—(Report of s. 4 of the Act of 1908.)
Section four of the Act of 1908 (which relates to agreements as to compensation for improvements comprised in Part III of the First Schedule to that Act) shall be repealed:
Provided that this Section shall not affect the operation of any agreement entered into before the commencement of this Act.
Lords Amendment:
Leave out the words "be repealed," and insert
"after the commencement of this Act apply only to improvements to which the provisions of Section forty-two of the Act of 1908 apply or are directed under this Act to apply."
Agreed to.
CLAUSE 26.—(Notices to quit.)
(3) This Section shall not apply to—
( b ) any notice given by a corporation carrying on a railway, dock, canal, water, or other undertaking in respect of any land acquired by the corporation for the purposes of their undertaking or by a Government Department or local authority where possession of the land is required by the corporation, Government Department or authority for the purpose (not being the use of the land for agriculture) for which it was acquired by the corporation, department, or authority; or
Lords Amendment:
In Sub-section (3, b ), after "authority" ["acquired by the corporation, department or authority"], insert "or appropriated under any statutory provision."
Agreed to.
CLAUSE 27.—{Minor Amendments of 8 Edw. 7, c. 28.)
The Amendments in the second column of the First Schedule to this Act (which relate to minor details), shall be made in the provisions of the Agricultural Holdings Act, 1908, specified in the first column of that Schedule.
Lords Amendment:
After "1908," insert, "and the Agricultural Land Sales (Restriction of Notice to Quit) Act, 1919."
I beg to move, "That the House doth agree with the Lords in the said Amendment."
I would ask for an explanation. This deals with the Act passed at the instance of the hon. Member for East Grinstead (Mr. Cautley), under which a notice to quit is void if a sale takes place after the notice to quit. This is very important from the tenant's point of view, and is a great advantage to him, and my hon. Friend would be loth to do anything to weaken the position of the tenant in this respect.
The object of this Amendment is to enable us, when we come to the Schedules, to deal with notice to quit. I have not the slightest desire to weaken the Cautley Act, but, like most Acts, in the working of it difficulties have arisen, and this Amendment is inserted for the purpose of meeting one of them. We propose to insert, after the word "shall," in Clause 1 of the Act, the words
if a contract for sale is made with the person by whom the notice to quit is given."
The Amendment is intended to meet the difficulty which has occurred owing to the decision in the case of Robinson versus Nesbitt. In that case a farm was offered for sale in three lots before the Act came into operation. Consequently, the notice to quit did not become void. Some time after the Act did come into operation, and while the notice to quit was still pending, the purchaser of one lot agreed to sell his lot, and the result of the decision is that this contract voided the notice as regards the whole farm, and, consequently, it affected the purchasers of the other portions who were not parties to the transaction. It can never have been intended that such a result should occur. I am advised that the Amendment which we propose to insert in the Schedule, with that which we are accepting here, is merely giving us power to deal with that case.
The provisions of this Act have been of greater benefit to the tenant farmers when a farm is sold than any other provision made for them, and they ought to be jealously guarded in the interests of the tenant farmers. While I agree that a difficulty which should be removed has arisen, I do not agree with the hon. Gentleman that these words will not whittle down the Act in other respects. The object of the Act was to deal with land speculators. It provided that the notice to quit becomes void on a sale. Assume a speculator buys a farm and then wants to sell it, he can give notice to the tenant after the sale. Then the tenant has at least a year in possession after that sale. He-then sells again and gives notice to the tenant, or more usually he gives the notice given by the former vendor from whom he bought it. In that case these words, if inserted, would allow the speculator, by the notice being given by the first vendor to resell the land, and the notice would not become void. Unless there is some very strong reason, we ought to leave the Act alone. The difficulty mentioned, which must be a very unusual one, should be dealt with in some other way.
Perhaps the Solicitor-General will tell us that this only applies where the sale of a divided farm has taken place, and that it will not have an effect in any other direction.
I am quite ready to give that assurance. The right hon. Gentleman will have an opportunity of dealing with the matter when it comes up on the Schedule, but the Amendment has been drawn for the purpose of meeting the peculiar case which has been referred to. Without some Amendment of that sort, the safe-guards given by the Cautley Act might fail in the case referred to.
Question put, and agreed to.
Lords Amendment:
After Clause 28, insert
NEW CLAUSE.—{Delegation of powers by-agricultural committees.)
Any powers authorised by any Act to be exercised by an agricultural committee may, unless otherwise expressly provided by that Act, be delegated by a committee to a subcommittee.
No member of an agricultural committee shall take part in any decision of the committee which relates to the land of which he is the owner or occupier, or the agent of the owner or occupier, or to any bargain or contract contemplated or entered into by the agricultural committee in which such member is directly concerned.
Amendment made to Lords Amendment: After the word "committee" ["exercised by an agricultural committee"] insert the words "other than the power conferred by this section."—[ Sir A. Boscawen. ]
Lords Amendment, as amended, agreed to.
CLAUSE 30.—(Interpretation.)
(3) The expression "agricultural committee" means the agricultural committee established for a county or borough under the Ministry of Agriculture and Fisheries Act, 1919:
(4) The expression "rules of good husbandry" means the rules of good husbandry generally recognised as applying to holdings of the same character and in the same neighbourhood as the holding in respect of which the expression is to be applied:
(5) The expression "the Act of 1908" means the Agricultural Holdings Act, 1908, and the expression "the Act of 1917" means the Corn Production Act, 1917:
(6) References to the Act of 1908, or to the Act of 1917, or to any provision of either of those Acts, shall be construed as referring to that Act or to that provision as amended by any other Act, including this Act:
(7) References to the terms, conditions, or requirements of a contract of tenancy of or of an agreement relating to a holding shall be construed as including references to any obligations, conditions, or liabilities implied by the custom of the country in respect of the holding.
Lords Amendment:
In paragraph (3), after "1919," insert
"or where the powers of an agricultural committee with respect to the matter in question have been delegated to a subcommittee, that sub-committee:"
Agreed to.
Lords Amendment:
In paragraph (4), leave out the words "The expression."
Disagreed with.
Lords Amendment:
In paragraph (4), leave out the words
"means the rules of good husbandry generally recognised as applying to holdings of the same character and in the same neighbourhood as the holding in respect of which the expresion is to be applied":
and insert,
"shall for the purposes of this Act (due regard being had to the character of the holding) include—
Provided that the foregoing definition shall not imply an obligation on the part of any person to maintain or clear drains, embankments, or ditches, if and so far as the execution of the works required is rendered impossible by reason of subsidence of any land or the blocking of outfalls which are not under the control of that person, or in its application to land in the occupation of a tenant imply an obligation on the part of the tenant—
(i) To maintain or properly repair fences, stone walls, gates, or hedges where such work is not required to be done by him under his contract of tenancy; or
(ii) To execute repairs to buildings which are not required to be executed by him under his contract of tenancy."
I beg to move, "That this House doth disagree with the Lords in the said Amendment."
This is one of the most important parts of the Bill. In another place a new definition of the expression rules of good husbandry was inserted. As the Bill left the House of Commons rules of good husbandry were defined as a ), which says that the maintenance of the land, whether arable, meadow or pasture, shall be clean and in a high state of cultivation, condition and fertility. In other words, what is aimed at—no doubt it is an excellent object—is to set up a really higher standard of cultivation than has been the usual standard in the district. That is applied not only to Part I of the Act, where we are trying to improve cultivation, but also to Part II, where we are dealing with compensation for disturbance. In the opinion of the Government the effect of setting up this very high standard and applying it to compensation for disturbance, would be that in a great many cases the compensation Clauses would be rendered nugatory, because, although the tenant may be farming according to the accepted rules, although he is in no way in default, but because he is not a super-farmer, and is not doing something a bit better than the average, he would not be entitled to compensation. Although I do not for a moment suggest that Members of the other House designedly put this in in order that the compensation Clauses should be rendered of no avail in a great many cases, yet I am entitled to point out that that will inevitably be the effect in a great many cases. Farmers throughout the country are of opinion that that would be the effect. In confirmation of that view I will quote a few words from a speech by my late chief, Lord Ernie, in another place recently. He said: pensation when notice to quit was given-It may be a very good thing to improve farming and to give inducements for that, purpose, but it is an entire reversal of the principle upon which Part II. is based to say that, unless a man is doing a bit better than the average, he is not to get compensation. We attach the greatest-importance to this matter.
I suggest as an Amendment to the Bill, to leave out Sub-section (4), and to insert instead thereof a new Sub-section (4), as follows:
In looking through the Lords Amendments it struck me that if this Amendment were agreed to it would cut out the principle for which we have been fighting, and about which tenant farmers, especially members of the Farmers' Union, are very anxious. It would have deprived most of the farmers of compensation, and would have brought them completely into the hands of the landlords. Therefore, I am pleased that the Government have taken up the attitude indicated by the Parliamentary Secretary.
This alteration of the definition affects Clause 4 as well as the compensation Clause. Under Clause 4 you can, as it were, screw up the tenant to a standard of good husbandry. As the House of Lords has defined good husbandry it is a very much higher standard than that which the Parliamentary Secretary has suggested.
That is so. We have kept words in Clause 4 which enable the Minister and the Committee to insist on an improved method of cultivation, so that we have already got that higher standard provided for without the definition.
5.0 P.M.
It appears to me that in not accepting this Amendment the Parliamentary Secretary's action is due to a misunderstanding of the meaning of the words in the Sub-section. He seems to be under the impression that the words "clean and in a high state of cultivation, condition, and fertility" would mean something in the nature of very high farming. That is a complete delusion. Those words are well-known words, and are used in a very large number of leasing agreements at the present time. They mean simply that the land shall be kept clean and in a condition to produce the best crops. All through the Debate, whenever there has been a question about compulsory ploughing-up orders, the Government and hon. Gentlemen opposite, if there was a suggestion to omit those ploughing-up orders, have complained that if the guaranteed prices ever came to be paid the taxpayers would not get a quid pro quo. I am certain that if you were to get a. definition of good husbandry of this kind the taxpayer would get a much more effective quid pro quo than he would from any ploughing-up order, simply because this would be a means of compelling farmers to cultivate their farms in a proper manner. One of the dangers of this compensation will be the fixing on the land, not of bad farmers, but of indifferent farmers. I know that the National Farmers' Union have always stated that they have no intention or desire to fix indifferent farmers on the land, or to give any encouragement to anything but a high state of farming. If you do not put some definition of good husbandry in this Clause, which would affect Clause 8 of the Bill, you will have no means whatever, except the words which the right hon. Gentleman has suggested to insert instead of these, of compelling a man to farm his farm in a proper manner. I do not want to quarrel with the right hon. Gentleman regarding the words he suggested, but I should like to know why it is necessary to insert "so far as practicable." What is the necessity of inserting these words? Surely it is practicable to farm your land according to the rules of good husbandry, and keep your land in proper state of cultivation and fertility? I should also like to ask whether it is his intention to delete from this Clause Sub-sections ( b ), ( c ), ( d ), ( e ), and so forth. We attach a good deal of importance to these Sub-sections as for the definition of good husbandry. It is a very well understood thing that it is the duty of any tenant farmer to maintain and repair the drains, ditches, and all the other items included in these different Sub-sections. Therefore, if he will inform me regarding those few points I shall raise no objection to the Amendment moved.
I agree entirely with what my hon. Friend has said regarding the words "so far as practicable." There is another point in regard to these Sub-sections. I wish to point out to my right hon. Friend that in Section 4 all the items included in ( b ), ( c ), and ( d ) are included in the obligation which is placed upon the occupier of any land to carry out. Otherwise, under Section 4, the Minister may serve notice in case of his neglect to execute all these works. I can hardly suppose that the Government are going to make it penal not to do these things which the tenant is bound to do, and then when it comes to the rules of good husbandry the tenant is to be allowed to entirely neglect these things and yet be able to claim compensation. Surely what applies in Section 4 should clearly apply to the rules of good husbandry in Section 8?
Whichever side of the House we occupy, all of us who are interested in agriculture will desire a high standard of cultivation. The definition which the right hon. Gentleman in charge of the Bill has read over to us, if I caught accurately what he said, is, in my opinion, very much higher, broader, and wider than any definition of good husbandry I have ever listened to in the past. In many cases this definition would be considered, not merely to be the rules of good husbandry, but of high farming. I think if we could farm according to this definition there will be a tremendous change in farming in the United Kingdom, and surely every one of us interested in the industry will welcome this standard. Again, I am sorry to differ from my Friends opposite, but the right hon. Gen- tleman (Mr. Pretyman) who spoke about the Sub-sections ( a ), ( b ), ( c ), ( d ), and ( e ) made certain statements. As this Bill applies, not only to England, but also to Scotland, there is a difficulty in a Bill of this description. I am perfectly certain that the obligations in ( b ), ( c ), and ( d ) are not tenant farmers' responsibilities in Scotland. On some of the very best managed estates the arrangement is that landlord and tenant are equally responsible, the estate workmen doing the work and the tenant being charged half the cost, and where that system exists you have the best fences and all these other things that are necessary which you will find anywhere.
May I call the hon. Member's attention to the latter part of the Clause on page 14 of the Amendment Paper—
"Unless the tenant is obliged by contract of tenancy to do that particular work it does not apply,"
so that would clear Scotland entirely.
I quite accept that. I understood the right hon. Gentleman to indicate that this was the duty of the occupier and only of the occupier, but I quite agree that these words make all the difference. So far as being practically clean, I do not know whether you agree with me or not, but I have never found absolute purity anywhere, and on the cleanest farm that any Member of this House can show me I will undertake to find some noxious weeds to say the least of it. Therefore, if we are going to set up a standard of perfect purity, we are going to ask something no farmer will be able to provide. In other words, I welcome this Clause. I am glad the Minister in charge has put it so high, and although many tenant farmers will think it is too high, I, being interested in the welfare of the industry and the best interest of producing food for the nation, welcome this Clause.
I think my hon. Friend opposite (Mr. Gardiner) has really answered my right hon. Friend behind me (Mr. Pretyman) and the hon. Member for Daventry (Mr. FitzRoy). You cannot arrive, as my hon. Friend has pointed out, at absolute purity in a wet summer like last summer, and I think that some qualifying words such as "so far as practicable" are necessary.
The word "clean" is very well understood in farming. It makes all allowances for the weather.
What is the objection to my words, "so far as practicable"? You cannot have a farm more clean than is practicable. I think it is a very sensible word to use. With regard to the Sub-sections ( b ), ( c ), ( d ), etc., our view is these are very proper obligations to be placed in Clause 4, the main object of which is to improve farming and production and to tune up farming generally. Therefore we insist on necessary works of maintenance, but I do not think they are applicable in a definition here of the rules of good husbandry. You are dealing with the conditions under which tenants may be qualified or not for compensation for disturbance. Unless you insert these words, if a farmer has got a drain which is not clean or a stone wall that is temporarily out of repair, he may in the eyes of some people be cut off altogether for compensation for disturbance. For these reasons I think the Sub-sections ought not to be inserted; in fact, they are inapplicable to this particular definition.
The speech of the right hon. Gentleman has really quite astonished me. The whole object of this Bill, the whole object of the agricultural policy of the Government, is to improve the present standard of farming. The Selborne report stated that many farmers were not farming properly, and they must be gingered up. The State gives a guarantee in consideration of improved methods. A Clause is put down defining good husbandry, and what does the right hon. Gentleman do? He comes down to this House, and he will not even agree that the Clause should contain words which are usual in every contract of tenancy. You do not bind yourself to keep a farm clean and in repair "so far as practicable"; you bind yourself to keep it clean and in repair. The taxpayers' money ought not to be used for guaranteeing prices unless you are going to improve the condition of farming, and I am perfectly certain that the definition the right hon. Gentleman is putting down will not improve the condition of farming. He stated in response to an hon. Member opposite that they had power to ginger up farmers under Clause 4, and therefore it was not necessary so much under this Clause. All they had got under Clause 4 is power to tackle a bad farmer and make him improve his methods. If the high standard is not fixed, how can you make him prove his methods up to a high standard! I really think the right hon. Gentleman must reconsider this position. It is a most unsatisfactory thing, and I am sure the country generally could not possibly agree to this Bill going away whittled down in this way and making no arrangements for improvement.
I hope the Minister in charge will be ready to listen to what has been said by my hon. Friends on this side of the House. I think that if a man has to keep up the standard of farming under Clause 4 he should not be allowed to let it down in his last year of tenancy and then get compensation at the end of that year. That argument alone, in my opinion, should be sufficient to convince the right hon. Gentleman that a high standard ought to be included in this part of the Bill. I hope paras, (c) and (d) will be allowed to remain in. I have some knowledge of a large estate, and in my opinion on that estate there are more tenants who have been overpaid compensation than underpaid.
That is the landlord's point of view.
I am the son of a landlord, and proud of it, and if the hon. Member wishes to say anything offensive to me for being a landlord he is free to do so, but he will not hurt me. If we wish to see farming carried on in the way in which it has been in the past, we ought to do all we can to maintain the high standard of farming, and I therefore very much hope the Parliamentary Secretary will reconsider his present position.
I do not think the Government ought to be in the least frightened of making it stringent as against the farmer. The whole Bill, and especially the principal Clause to which this definition applies, is very stringent against the landowner, and, in particular, it limits the landowner's right under his contract to get rid of a tenant who he thinks is not fulfilling the obligations in his lease in regard to good husbandry, fences, and so on. If it limits his right of taking care of his own land and pre- vents him, except under the threat of great compensation, putting the tenant out, surely it ought to introduce very definite safeguards, and pretty stringent safeguards, that the rules of good husbandry, draining, fencing, and all the rest of it, which are in every lease, should be maintained. I am bound to say, I think it is a very great improvement upon the words of the first Clause that, as far as regards Scotland, the words "good husbandry" should be substituted for "high cultivation and fertility," because these latter words are not in the least appropriate to at least three-quarters of the land in Scotland. They would be misleading to any arbiter, but I think stringent provisions should be put in with regard to good husbandry and the maintenance in proper repair of ditches, fences, and all the other permanent structures on a farm. I therefore think it is really in the interests of the nation, and only justice to the landowner, that a pretty full definition for the guidance of arbiters should be laid down in this Clause as to what they are to have regard to in considering the question of good husbandry.
I rise to support the Amendment in the place of the Lords Amendment which has been proposed by the Parliamentary Secretary. I am afraid that this House is not so representative of tenant farmer opinions as it is of landlord opinions, and I am greatly concerned myself, as far as the situation of the country at the moment is concerned, that the House of Lords should have apparently turned itself into an organisation for the defence of its particular interests. I may say that that does not apply to the political persuasion of landlords, because one has found that the Liberal landlord in the House of Lords is just as vindictive against the tenant farmer and the tenant farmer's representative as the Toy landlord, and even more so.
The tenant farmers of this country, if the hon. and gallant Member should ask them, will say that the landlords are their very best friends.
I am not certain they would say so if they had listened to the speeches that have been delivered on this subject in the House of Lords by Liberal and Tory landlords, and in this House, especially by those who are representing the landlord interest this evening. It is for that reason that I wish to say one word. There is not the slightest doubt that in this Bill we are introducing for the first time some right to the tenant. Previously it has only been the landlord who has had any right in the land, and the attempt, no doubt, by the Lords Amendments is to maintain the old position except in certain cases where a farmer has farmed on an exceptional scale, and something not average to the district. If you take my own district, in Hampshire, there are rights and customs with reference to farming and to compensation there that do not apply to other districts, and that shows how necessary it is, if there is to be a definition of good husbandry, that it should be an elastic one, and that it should not be "high," but that it should be "good." That is absolutely necessary, and I quite agree with my hon. Friends opposite that that should be inserted in the Bill in order to justify a man in securing compensation at all. If he takes land from a landlord and then neglects it, he is not only injuring the landlord and himself, but he is injuring the State also, and we all agree that it should be a good state of husbandry to entitle him to compensation, but that it should be high, that you should take the average and say that that is not good enough, that is really an attempt to get behind the main principle of this Bill.
We have not asked for that.
After all, I am not opposed to property rights, as hon. Members know very well.
You ought to be.
You are an extremist on the other side, just as some of these gentlemen are on their side, and it is for the moderate and sensible men between you two extremes to decide what is the right thing. That is the only way in which we can carry this country over the period of transition, from 1914 to 1924 or 1934, without revolution such as has occurred in other countries, and that is why it is that I appeal to my hon. Friends opposite not to stand absolutely against this tenant right and not to try to subvert it by fixing a standard by which it is only now and again that the tenant could possibly get compensation for disturbance, but to recognise the principle that if he is a good farmer—not a high farmer—he should be entitled to compensation. By the definition which the Parliamentary Secretary has proposed, that would be secured.
We have accepted that.
If you have accepted it, I will say no more about it, but after all, landlords must be careful. Yes, and at the moment nobody must stand entirely upon his dignity and absolute rights, You have got to take into consideration what the situation and general opinion of the country are and see if you cannot moderate your extreme views so as to meet the situation and make the transition period peaceable and progressive rather than violent and reactionary. That is why I support the Amendment that has been put forward in place of the Lords Amendment.
May I ask my right hon. Friend, the Parliamentary Secretary, a question? We cannot divide under present circumstances, but will he consider this matter further before it goes back to the Lords? We quite agree with most of what my hon. and gallant Friend who has just spoken has said, but I think he must have misheard what has happened, because no-one here has objected to the substitution of the word "good" for "high." The point which I hope my right hon. Friend will consider is the question that a tenant should keep his fences and ditches in the same good condition as he is bound to do by the terms of his contract, and which under Clause 4 of this Bill he must do. It might happen otherwise that notice was given to a tenant who under Clause 4 was actually being proceeded against by the Minister for neglecting to keep his fences in good order, and yet he might be able to obtain compensation from his landlord if his landlord gave him notice to quit. Surely nobody would support that, and that is the point on which we feel so strongly. I do not think the words, "so far as practicable" are, if I may say so, practicable words from the point of view of agricultural terminology, but I strongly urge my right hon. Friend, if we do not go to a Division, which in the peculiar circumstances of the moment we cannot do, or otherwise we should, he will consider whether he cannot put the obligation on the tenant who is to claim compensation that he should keep his ditches and fences in the fair and reasonably good condition which he has undertaken to do by his tenancy.
I appreciate the very conciliatory manner of my right hon. Friend. With regard to paragraphs ( b ) ( c ) and ( d ), I have no further opportunity in this House of dealing with the matter, but I will undertake that when the Bill returns to another place it shall be dealt with. I have already had a consultation on the point before the matter was raised this afternoon, and I hope it may be practicable to devise some words in the interval which may possibly meet the views of my right hon. Friend. But I am not prepared with any words at the moment, nor have I any further opportunity at this stage of the proceedings.
Surely the answer to my right hon. Friend as to the clearing of drains and the repair of fences and so forth is to be found in Clause 10 under which, as I read it, a tenant cannot get compensation where there has been a breach of contract. If under the contract with his landlord he is bound to clear the ditches and repair the fences and buildings, and he commits a breach of contract, and does not remedy it, then under Clause 10 he would not get compensation. [HON. MEMBERS: "Clause 8."]
I think if my hon. and learned Friend will look at that he will see it is not whether he commits a breach of contract, but whether it is after notice has been given by the landlord asking him to remedy a breach of contract, which is not at all the same thing.
It is not the same thing? If a man commits a breach of contract and the landlord requires him to remedy it, and he does remedy it, then he gets compensation, but if he does not remedy it, he gets none, and I think he ought to get none.
Question, "That this House doth disagree with the Lords in the said Amendment," put, and agreed to.
Amendment proposed: In paragraph (4), after the word "husbandry" to insert the words,
Does the proviso come out which gives a protection to the tenant?
We have already disagreed with that.
I do not know whether my right hon. Friend proposes to insert similar words, otherwise he deprives the tenant of protection.
Those words come out, and other words take their place.
Do they cover the protection of the tenant?
So I am advised. Amendment agreed to.
CLAUSE 31.—{Application to Scotland.)
This Act shall apply to Scotland with the following modifications:—
(1) Unless the context otherwise requires—
( a ) The expression "the Minister" (except in the Section of this Act relating to the appointment, remuneration, and powers of Commissioners) means the Board of Agriculture for Scotland:
( c ) The expressions "the Agricultural Holdings Act, 1908," and "the Act of 1908," mean the Agricultural Holdings (Scotland) Act, 1908, and references to Sections twenty-one and forty-two of the first-mentioned Act shall be construed as references to Sections twenty and twenty-nine respectively of the said Agricultural Holdings (Scotland) Act:
(3) In the application of Sub-section (3) of the Section of this Act relating to compensation for disturbance "five years" shall be substituted for "two years."
(5) The Sections of this Act relating to extension of tenancies under leases for a term of years and to notices to quit shall not apply, and in lieu thereof—
( a ) Sub-section (1) of Section eighteen of the Act of 1908 shall, in the case of a lease granted for a term expiring after the thirty-first day of December, nineteen hundred and twenty-one, have effect as though for the words "three years" there were substituted the words "two years";
( b ) The provisions of the Sheriff Courts (Scotland) Act, 1907, relating to removings shall, in the case of any holding to which Section eighteen of the Act of 1908 applies have effect subject to the provisions of that Section as modified by paragraph ( a ) of this Sub-section:
(6) In the Section of this Act relating to Amendment of law as to improvements, for the words "a county borough," occurring in Sub-section (4) of that Section, there shall be substituted the words "an area":
(7) Section twenty-three of the Agricultural Holdings Act, 1908, shall apply to Scotland with the substitution of small holdings under the Small Landholders (Scotland) Acts, 1886 to 1919, for small holdings as defined by the Small Holders and Allotments Act, 1907, and any reference in this Act to the said Section twenty-three shall be construed as a reference to the said Section as so applied:
(9) For Sub-section (1) of Section eleven of the Act of 1908, there shall be substituted the following Sub-section:—
(1) All questions which under this Act or under the lease are referred to arbitration shall, whether the matter to which the arbitration relates arose before or after the passing of this Act, and notwithstanding any agreement under the lease or otherwise providing for a different method of arbitration, be determined, if the parties so agree, by a single arbiter agreed to by them in accordance with the provisions set out in the Second Schedule to this Act, and, failing such agreement, shall, upon the application of either party, be determined by the Scottish Land Court, which, for this purpose, shall have the like powers and jurisdiction as they have for the purposes of the Small Landholders (Scotland) Acts, 1886 to 1919. References in this Act or in the lease to arbitration or to arbiters shall be construed accordingly:
(10) The Section of this Act relating to the constitution of a panel of arbitrators shall not apply, and references in this Act and in the Act of 1917 to arbitration or arbitrators shall be construed in accordance with the provisions of the immediately preceding paragraph of this Section.
Lords Amendments:
At the end of Sub-section (1, a), insert
"( b ) A reference to the Land Settlement (Scotland) Act, 1919, shall be substi- tuted for the reference to the Land Settlement (Facilities) Act, 1919; and a reference to the Arbitration (Scotland) Act, 1894, shall be substituted for the reference to the Arbitration Act, 1889;
"( c ) A reference to the sheriff shall be substituted for the reference to the county court; a reference to Act of Sederunt shall be substituted for the reference to Rules of the Supreme Court; and a reference to either Division of the Court of Session shall be substituted for the reference to the Court of Appeal."
In Sub-section (1, c ), after the word "Sections" ["and references to Sections twenty-one and forty-two"], insert "eleven."
After the word "Sections" ["construed as references to Sections"], insert "ten."
In Sub-section (2) leave out "(3)" and insert "(4)."
Agreed to.
Lords Amendment:
At the end of Sub-section (3) insert
"and in the application of Sub-section (6) of the Section of this Act relating to compensation for disturbance the expression 'rent' means the rent after deduction of such an amount; as the arbiter, failing agreement, may find to be equivalent to the amount (if any) annually payable by the landlord in respect of the holding by way of—
I beg to move, as an Amendment to the Lords Amendment, to leave out the words "the Section of this Act relating to compensation for disturbance," and to insert instead thereof the words "that Section."
The Lords Amendment gives effect to a view expressed here on Report that a differentiation should be made between the rent taken as the measure of com pensation in Scotland and in England in view of the fact that the landlord pays rates in Scotland and does not in England. The Amendment was inserted in another place on the motion of the Government to give effect to an argument we thought sound. The Amendment 1 now move is purely a drafting one.
I know in theory there is a case for this Amendment, but it is too difficult to apply and will lead to all sorts of contentions. All I can do is to protest against it, because I am certain it will cause great difficulty in administration.
I should like to support the hon. Gentleman who has just spoken. When this change was made in the Bill, agricultural opinion in Scotland was not consulted, and, so far as I am aware, agriculturists in Scotland have expressed disappointment at the result.
I disagree with the hon. and gallant Member opposite as to there being any difficulty in the matter. I remember the case of mineral rents in Scotland. In that case mineral rents in Scotland but not in England were subject to local rates, and for a long time past the Mineral Rights Duty on Scottish mineral rents have been paid subject to deduction of rates, and no difficulty whatever has occurred. The latter is accordingly one of justice and fairness, because the expression "a year's rent" in England means a totally different thing from what it means in Scotland, and I am very glad indeed that the Government have undertaken to put this matter right.
Amendment to Lords Amendment agreed to.
Lords Amendment, as amended, agreed to.
Lords Amendment:
At the end of Sub-section (3), insert new Sub-sections—
"(4) In Sub-section (12) of the Section of this Act relating to compensation for disturbance, there shall be inserted after the word amenity' the words 'or any permanent grass park held for the purposes of a business or calling not primarily agricultural or pastoral, including that of butcher, cattle-dealer, and the like,' and after the words 'any such land' there shall be inserted the words 'or grass park.';
"(5) In the application of the Section of this Act relating to compensation for disturbance in case of allotment gardens the expression 'allotment garden' means an allotment under the Allotments (Scotland) Act, 1892, as amended or applied by any subsequent enactment, and a reference to the Small Holdings and Allotments Act, 1908, or to the Allotments and Cottage Gardens (Compensation for Crops) Act, 1887, shall be construed as a reference to the said Act of 1892 as so amended or applied."
I beg to move, "That this House doth agree with the Lords in the said Amendment."
This point was raised more than once, both in the House and in another place. The effect of the Amendment will be to exclude from compensation for disturbance, which is introduced by this Bill, a tenant of a permanent grass farm who uses that farm for purposes of a business or calling not primarily agricultural or pastoral. The justification for the Amendment is that such a tenant has put no capital into the land, and he therefore ought not to get the benefit of the provisions for compensation, the object of which is to give the tenant security for capital. The second Sub-section is really a drafting one which deals with allotments.
I should like to know why it should be necessary to make this exception in regard to Scotland. If it is necessary for Scotland, I should have thought it was necessary for England. It seems strange that English Members should allow such a thing to pass. The right hon. Gentleman said that the reason for putting this in is that a tenant of such a piece of land puts no capital into it, and the object of the Bill is to give security for capital. We are continually having that put up when it is convenient, but by the compromise which was accepted to-day, the compensation which is given is not security for capital at all. The compensation which is now given is compensation to make up to the tenant for the cost of removal from his farm. This is not security of capital, yet the right hon. Gentleman uses two arguments, one when it suits him, and the other if it happens to come in more handy for his purpose. The right hon. Gentleman seems to be giving way a good deal to his hon. Friends behind him. We know perfectly well we can only protest, and we do so most strongly.
Is not this a case in which the Solicitor-General stated most clearly, when it was taken on Report, that such subjects were included in England, and in order that they might not be excluded in Scotland, this Amendment is put forward. Is it not only putting Scotland on exactly the same terms as England in regard to similar subjects?
Question put, and agreed to
Lords Amendment:
Leave out Sub-section (5), and insert
"The Section of this Act relating to notices to quit shall not apply.
Sub-section (2) of Section eighteen of the Act of 1908, shall have effect as if at the end thereof the following words were added 'and in the case of any lease so renewed the period of notice shall be not less than one year nor more than two years.'"
I beg to move, "That this House doth disagree with the Lords in the said Amendment."
In a few moments I will propose a couple of Amendments to this portion of the Clause. The reason I move these arises from the restoration to the Bill of Clause II. Perhaps I may explain that, so far as the first of my Amendments is concerned, it requires notice of not less than one year in a lease of two years and upwards, and that brings the law of Scotland into conformity with the law of England as set up in Section 11. With regard to the second proposed Amendment, that is for the purpose of securing that the notice in tenancies which are held on a tacit revocation condition should be extended from six months to one year. The argument in support of that course is really this: that it is anticipated—and I think reasonably so—that in the future, looking to the provisions of this Bill, there will be far more land held under the condition I have just mentioned in Scotland than to-day. I think this is quite a reasonable proposition.
Question put, and agreed to.
Amendments made: In Sub-section (5, a ) leave out the words "granted for a term expiring after the thirty-first day of December," and insert instead thereof "entered into after the passing of this Act."
At the end of Sub-section (5, a ), insert "and Sub-section (2) of the said Section shall have effect as if at the end thereof the following words were added: and in the case of any lease so renewed the period of notice required to terminate the tenancy shall, where notice is given after the thirty-first day of May, nineteen hundred and twenty-one, be not less than one year nor more than two years.'"—[ Mr. Munro. ]
Lords Amendments:
In Sub-section (6), leave out the words
"Section of this Act relating to Amendment of law as to improvements, for the words" a county borough," occurring in Sub-Section (4) of that Section"—
and insert
"Sections of this Act relating to compensation for disturbance and Amendment of law as to improvements for the words 'a county borough.'"
In Sub-section (7), after the word "Scotland" [shall apply to Scotland"], insert "as if that Section had been enacted in Part II of this Act."
Agreed to.
Lords Amendment:
Leave out Sub-sections (9) and (10), and insert a new Sub-section—
"() In Sub-section (1) of the Section of this Act relating to constitution of panel of arbitrators and provision as to arbitrators' remuneration, for the words 'the Lord Chief Justice of England' there shall be substituted the words 'the Lord President of the Court of Session,' and in Sub-section (2) of the same Section for the words 'registrar of the county court' there shall be substituted the words ' auditor of the sheriff court.'"
I beg to move, as an Amendment to the Lords Amendment, at the end to add
"All questions which, under the Act of 1908 or the Act of 1917, may be determined by a single arbiter may, if the parties so agree, instead of being so determined, may be determined by the Scottish Land Court which, for this* purpose, shall have the like powers and jurisdiction as it has for the purposes of the Small Landholders (Scotland) Acts, 1886 to 1919."
The House will remember how this matter stands. It was provided in the part of the Bill which has been excised in another place, that if the parties fail to agree upon an arbiter to settle any difference arising between them on this Act the controversy should be submitted to the Land Court in Scotland. I regret the disappearance of the provision, but I may say that I am not entirely surprised at it. It is very easy to exaggerate the importance of what is being done.
Oh!
I hope I am entitled to state my views. No doubt I shall hear a contrary view expressed in a few moments "by some of my hon. Friends opposite. I repeat, it is easy to exaggerate the importance of what is being done. I say that for this reason, that you are not here dealing with any question of principle. You are dealing with a question of machinery. The questions which are to be settled are the same questions. The only point to which we have to address ourselves is the method by which the decision shall be reached. One view is that that decision shall be taken by the landlord. The other is that it should be taken by the arbiter as provided in the Bill so far as England is concerned. We quite appreciate the difficulty of driving a litigant or an applicant in Scotland into a different Court from that in England against his wishes. What I am going to ask the House to do is to agree with the Lords in this excision, and to add the Sub-section there received.
The landlords are all on the job!
This is a question for a serious answer. The House will see the point of the provision I propose. It ensures that if both parties desire—the applicant and the landholder—and I am sure there are many such cases where both parties are agreed that the case should go to the Land Court—then they shall have a perfect right to go. That gets over the difficulty to which I referred a moment ago as attaching to the former plan, that the man shall be dragged into a court in which he disbelieves.
But he is dragged into the court he dislikes!
But I have already said there is no dragging at all. If the right hon. Gentleman had paid attention to what I have been saying, he would have seen that I said that both parties must agree. It seems to me an unobjectionable proposal. If both parties prefer the Land Court, I do not see why they should not be allowed to go to it. If the House approves of this proposal, and another place also agrees—which I much hope will be the case—I am confident, as time goes on, and these joint applications to the Land Court by agreement become more numerous, that the confidence accruing from their fair and sound decisions will probably result in the Land Court being invoked as the appropriate tribunal in a large proportion of cases.
We were told earlier in the discussion on this Bill that a compromise was going to be proposed in this particular Section of the Bill. We have now heard it, and we find that it is of absolutely no value. It is mere camouflage. Every argument which the right hon. Gentleman gave in favour of the proposal he is making to-day could be given in favour of the very opposite view, and, indeed, was given by him when we were discussing this very question in Committee and on Report. It is suggested that you should not or ought not compulsorily take men before any particular tribunal.
6.0 P.M.
Whether that is right or wrong, in both cases you are doing exactly the same. In the Bill at present neither party are compelled to go before the Land Court. If they like they can go to an arbiter. It is only if they fail to agree that one party may select the Land Court. It is only then that the element of compulsion comes in at all. What is the proposal that we are now offered? It is that both of the parties may go to the Land Court if they agree to do so. Failing agreement, one party may select an arbiter. We have had that system already. The right hon. Gentleman stated that there was no question of principle, but it was question of machinery. Everybody agrees, but that is not making an argument in favour of the right hon. Gentleman's views. It is because the machinery is bad that we oppose it. We have had some experience of it. The same sort of machinery was set up in the Act of 1911, and it absolutely defeated the whole purpose of that Act. The right hon. Gentleman himself is a member of the present Government, and was responsible for scrapping that particular provision, and making the Land Court a compulsory tribunal for the purposes of that particular Act. I know this is a different purpose, but the principle is the same that here we have a Land Court set up for a specific purpose with the experience of a number of years in dealing with this particular question of land tenure and disputes between tenants and landlords. They have been working at that for nearly ten years, and they have gained experience of the greatest value. The Government has been intimidated by the House of Lords and their influential supporters behind them, and I shall vote against this proposal.
I am glad the Secretary for Scotland has accepted part of this Amendment, but I am sorry he has not gone the whole length and made a clean cut. I can very well see what the hon. Member for Central Aberdeen (Major M. Wood) wants. He desires to impose the Land Court and all its machinery and control on the large farms throughout Scotland as it now has control over small farms. The Secretary for Scotland has said that as time goes on the Land Court will be invoked on all sides, and he rather hopes that the same object can be attained by different means. I object to the Land Court having any control over large farms in Scotland. I am quite certain there is a strong opinion in Scotland against it. It is easy to show it is unpopular. The Scottish Chamber of Agriculture, which represents as many tenant farmers as the Farmers' Union, is opposed to this. This proposal will introduce a dangerous principle, and it will cause additional expense. If the Land Court has to deal with these litigants they will have to employ extra officials, and this will be increasing the cost of a Government Department which is what we are all so anxious to avoid.
The hon. and gallant Gentleman is quite mistaken in that idea.
If it was imposed compulsorily you would have to have a large number of -extra officials, because there would be a large number of rents which would have to be dealt with all at once. I cannot see why if it is voluntary for the disputants to go to the Land Court it is necessary to put it into an Act of Parliament. If the Secretary for Scotland desires the Land Court to act as the judge, and if both parties are willing, he can do it by a Departmental Order.
Again, the hon. and gallant Gentleman is mistaken, because I have no such power.
Supposing a land owner and his tenant disagree on a small point, they may select an arbiter. They can select the Land Court if they like, and if there is no extra expense involved the Secretary for Scotland can do that.
The hon. and gallant Gentleman says I have power by an Order to allow them to go to the Land Court to adjudicate. I am sure he will accept my statement when I say that I have no such power. The Land Court is a statutory institution with specified duties, and it can only discharge the duties imposed upon it by Act of Parliament, and if this new duty is to be imposed upon them, it must be done by Act of Parliament.
All I can say is that I cannot see why the right hon. Gentleman cannot do this in another way. Once you allow the Land Court to deal with large farms you are encouraging the extension of the powers of the Land Court. Hon. Members opposite want the Scottish Land Court to have the control of the whole of Scotland. I hope that on further consideration the Secretary for Scotland will decide to make a clean cut because this proposal will complicate the procedure. There should be a uniform system of arbitration and settlement of all disputes, but that is being abolished by this Amendment because there will be two bodies to settle disputes. I protest very strongly against the introduction of the Land Court in this way, and I hope the Secretary for Scotland will reconsider his decision.
I agree with what my hon. Friend the Member for Aberdeen (Mr. Mackenzie Wood) has said on this question, and I think the best way to protest against this proposal is, not to deliver speeches, but to proceed to a Division.
Question put, "That those words be there added to the Lords Amendment."
The House divided: Ayes, 127; Noes, 30.
Division No. 459.] AYES. [6.11 p.m. Adair, Rear-Admiral Thomas B. S. Boscawen, Rt. Hon. Sir A. Griffith- Edge, Captain William Addison, Rt. Hon. Dr. C. Boyd-Carpenter, Major A. Edwards, Major J. (Aberavon) Amery, Lieut.-Col. Leopold C. M. S. Brittain, Sir Harry Edwards, Hugh (Glam., Neath) Archer-Shee, Lieut.-Colonel Martin Buckley, Lieut.-Colonel A. Eyres-Monsell, Commander B. M. Atkey, A. R. Bull, Rt. Hon. Sir William James Falle, Major Sir Bertram G. Bagley, Captain E. Ashton Campion, Lieut.-Colonel W. R. Farquharson, Major A. C. Baldwin, Rt. Hon. Stanley Carr, W. Theodore Flannery, Sir James Fortescue Balfour, George (Hampstead) Cecil, Rt. Hon. Evelyn (Birm., Aston) Fraser, Major Sir Keith Barnett, Major R. W. Chamberlain, Rt. Hn. J. A. (Birm., W.) Ganzoni, Captain Francis John C. Barnston, Major Harry Chilcot, Lieut.-Com. Harry W. Geddes, Rt. Hon. Sir E. (Camb'dge) Barrand, A. R. Churchill, Rt. Hon. Winston S. George, Rt. Hon. David Lloyd Barrie, Charles Coupar Coates, Major Sir Edward F. Gilbert, James Daniel Beauchamp, Sir Edward Conway, Sir W. Martin Gilmour, Lieut.-Colonel John Beck, Sir C. (Essex, Saffron Walden) Craig, Colonel Sir J. (Down, Mid) Glyn, Major Ralph Bellairs, Commander Carlyon W. Curzon, Commander Viscount Green, Joseph F. (Leicester, W.) Benn, Sir A. S. (Plymouth, Drake) Denniss, Edmund R. B. (Oldham) Hacking, Captain Douglas H. Betterton, Henry B. Du Pre, Colonel William Baring Hall, Rear-Admiral Sir W. R.
Harmsworth, C. B. Manville, Edward Shortt, Rt. Hon. E. (N'castle-on-T.) Henderson, Major Vivian L. Marks, Sir George Croydon Simm, M. T. Henry, Denis S. (Londonderry, S.) Mason, Robert Sprot, Colonel Sir Alexander Hewart, Rt. Hon. Sir Gordon Mitchell, William Lane Stanley, Major Hon. G. (Preston) Hilder, Lieut.-Colonel Frank Molson, Major John Elsdale Sturrock, J. Leng Hinds, John Montagu, Rt. Hon. E. S. Sugden, W. H. Holbrook, Sir Arthur Richard Moore, Major-General Sir Newton J. Tryon, Major George Clement Hope, James F. (Sheffield, Central) Moreing, Captain Algernon H. Walters, Rt. Hon. Sir John Tudor Hopkins, John W. W. Morrison, Hugh Ward, Col. J. (Stoke upon Trent) Horne, Sir R. S. (Glasgow, Hillhead) Munro, Rt. Hon. Robert Ward, William Dudley (Southampton) Hunter, General Sir A. (Lancaster) Murray, Major William (Dumfries) Waring, Major Walter Hurst, Lieut.-Colonel Gerald B. Neal, Arthur Warren, Lieut.-Col. Sir Alfred H. Jameson, J. Gordon Newman, Sir R. H. S. D. L. (Exeter) White, Lieut.-Col. G. D. (Southport) Jellett, William Morgan Norton-Griffiths, Lieut.-Col. Sir John Williams, Lt.-Com. C. (Tavistock) Jones, J. T. (Carmarthen, Lianelly) Ormsby-Gore, Captain Hon. W. Williamson, Rt. Hon. Sir Archibald Kerr-Smiley, Major Peter Kerr Parry, Lieut.-Colonel Thomas Henry Winterton, Major Earl Kidd, James Pearce, Sir William Wise, Frederick Knights, Capt. H. N. (C'berwell, N.) Pilditch, Sir Philip Wood, Sir H. K. (Woolwich, West) Law, Rt. Hon. A. B. (Glasgow, C.) Pollock, Sir Ernest M. Woolcock, William James U. Lewis, Rt. Hon. J. H. (Univ., Wales) Pratt, John William Worthington-Evans, Rt. Hon. Sir L. Lindsay, William Arthur Prescott, Major W. H. Yate, Colonel Charles Edward Loseby, Captain C. E. Purchase, H. G. Young, Lieut.-Com. E. H. (Norwich) Lowther, Lt.-Col. Claude (Lancaster) Rees, Sir J. D. (Nottingham, East) M'Curdy, Rt. Hon. C. A. Samuel, A. M. (Surrey, Farnham) TELLERS FOR THE AYES.— Macnamara, Rt. Hon. Dr. T. J. Seddon, J. A. Captain Guest and Lord Edmund Macquisten, F. A. Shaw, William T. (Forfar) Talbot. Malone, Major P. B. (Tottenham, S.) NOES. Adamson, Rt. Hon. William Irving, Dan Thorne, W. (West Ham, Plaistow) Barker, George Jones, J. J. (West Ham, Silvertown) Waterson, A. E. Barnes, Major H. (Newcastle, E.) Maclean, Rt. Hon. Sir D. (Midlothian) White, Charles F. (Derby, Western) Bowerman, Rt. Hon. Charles W. Morgan, Major D. Watts Wignall, James Clynes, Rt. Hon. J. R. Murray, Dr. D. (Inverness & Ross) Williams, Aneurin (Durham, Consett) Davies, Evan (Ebbw Vale) O'Grady. Captain James Wilson, W. Tyson (Westhoughton) Edwards, G. (Norfolk, South) Raffan, Peter Wilson Young, W. (Perth & Kinross, Perth) Gardiner, James Rees, Capt. J. Tudor- (Barnstaple) Glanville, Harold James Short, Alfred (Wednesbury) TELLERS FOR THE NOES.— Hallas, Eldred Swan, J. E. Mr. Hogge and Major Mackenzie Hartshorn, Vernon Thomas, Rt. Hon. James H. (Derby) Wood. Henderson, Rt. Hon. A. (Wldnes)
Lords Amendment, as amended, agreed to.
CLAUSE 32.—(Application to Ireland.)
This Act shall apply to Ireland with the following modifications:—
(1) References to the Minister (except where they occur in relation to the appointment of Commissioners), shall be construed as references to the Department of Agriculture and Technical Instruction for Ireland (in this Section referred to as "the Department"):
(2) Part II. of this Act and the provisions amending Section nine of the Act of 1917 (other than the provisions of the new Sub-section to be inserted therein as to the rules of good husbandry) shall not apply:
(3) The Third Schedule to the Act of 1917 shall be amended as follows: —
Lords Amendments:
After the word "shall" ["This Act shall apply to Ireland"], insert "not".
Leave out from "Ireland" ["apply to Ireland"], to the end of the Clause.
Agreed to.
CLAUSE 33.—(Commencement, repeal, and short title.)
(2) Part I. of this Act shall be construed as one with the Act of 1917, and that Act and Part I. of this Act may be cited together as the Corn Production Acts, 1917 to 1920.
Part II. of this Act shall be construed as one with the Act of 1908, and that Act and Part II. of this Act may be cited together as the Agricultural Holdings Acts, 1908 and 1920.
(3) The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule:
Provided that (without prejudice to the general application of Section thirty-eight of the Interpretation Act, 1889, with regard to the effect of repeals) this repeal shall not prejudice or affect—
( c ) the right of any person to recover compensation in respect of anything done or suffered under the said powers before the commencement of this Act; or
( d ) the right of any person to require any question arising out of any notice served, order made, or possession taken under the said powers before the commencement of this Act to be referred to arbitration.
In the application of this Schedule to Scotland, the references to Sections fifteen, twenty-three, and thirty-one of the Agricultural Holdings Act, 1908, shall not apply; for the references to Sections sixteen and forty-eight of that Act there shall be substituted references to Sections fourteen and thirty-five respectively of the Agricultural Holdings (Scotland) Act, 1908; and Sub-section (1) of Section thirteen of the Agricultural Holdings (Scotland) Act, 1908, shall be amended by
(3) This Act may be cited as the Agriculture Act, 1920.
Lords Amendments:
In Sub-section (2), leave out the word "to" ["Corn Production Acts, 1917 to 1920"], and insert "and."
Leave out the words "that Act" ["and that Act and Part II of this Act"], and insert "the Agricultural Holdings Acts, 1908 and 1913."
Leave out the word "and" ["Acts, 1908 and 1920"], and insert "to."
At end of Sub-section (2) insert "and the Agricultural Holdings (Scotland) Acts, 1908 and 1910, and Part II of this Act as that Part applies to Scotland may be cited together as the Agricultural Holdings (Scotland) Acts, 1908 to 1920."
In Sub-section (3, c ), leave out the word "before," and insert "whether before or after."
Agreed to.
the insertion after the word "hereto," of the words, "or in respect of compensation for disturbance" and by the insertion after the words "or any part thereof," wherever occurring, of the words "and of the expense of executing and registering the same."
Lords Amendment.
In Paragraph beginning "Section one," after the word "words" [" there shall be inserted the words "], insert "and the tenancy was entered upon after the first day of January, nineteen hundred and twenty."
Amendment made to Lords Amendment: At end add the word "one."—[ Mr. Munro. ]
Lords Amendment, as amended, agreed to.
In paragraph beginning "First Schedule," in second column, after " (16 b )," insert, "In the case of arable land the."
Leave out the word "twenty-three" ["the references to Sections fifteen, twenty-three"].
Leave out the words "for the references to Sections sixteen and forty-eight
Lords Amendments:
In paragraph beginning "Section one," after the word "tenancy" ["by the terms of his tenancy"], insert:
"and in paragraph ( a ) of Sub-section (2) after the word "improvement" there shall be inserted "whether expressly stated in the contract of tenancy to be so given or allowed or not."
Leave out the words—
At end of paragraph beginning "Second Schedule," insert
of the Act there shall be substituted references to Sections fourteen and thirty-five, respectively, of the Agricultural Holdings, Scotland Act, 1908."
Agreed to.
Lords Amendments:
In paragraph beginning "8 Edw. 7, c. 28," in third column, leave out the words "Section four."
In paragraph beginning "8 Edw. 7, c. 64," in third column, leave out the words "Section four."
In paragraph beginning "8 Edw. 7, c. 64," leave out the words
"Second Schedule, paragraph (1), the words 'or in default of agreement nominated by the Board on the application in writing of either of the parties.'"
In paragraph beginning "7 & 8 Geo. 5, c. 46," in third column, leave out the words "in the Third Schedule, the proviso to paragraph ( a ) of Article 8."
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 A. Boscawen, Mr. Hogge, Captain Fitzroy, Mr. Clynes, and Mr. Betterton.
Three to be the quorum.—[ Sir A. Boscawen. ]
To withdraw immediately.
Reasons for disagreeing to certain of the Lords Amendments reported, and agreed to.
To be communicated to the Lords.— [ Sir A. Boscawen. ]
Roads Bill
Order for consideration of Lords Amendments, read.
I beg to move, "That the Lords Amendments be now considered."
It may be for the general convenience of the House if, in moving this, I say that nearly the whole of the Amendments are drafting Amendments, and the few which are other than drafting Amendments bring the Bill more into line with the expressed wish of this House as evidenced during the proceeding on other stages, and it is proposed to invite the House to accept the whole of the Amendments.
Ought we to put on a pair of roller skates for this?
Question put, and agreed to.
Lords Amendments considered accordingly.
CLAUSE 3.—(Establishment of Road Fund.)
(2) There shall be transferred or paid to the Road Fund all moneys which on the first day of January, nineteen hundred and twenty-one, are standing to the account of the road improvement grant or are payable to that account, and all investments representing accumulations of money standing to the account of the road improvement grant shall be transferred to such persons as the Treasury may direct, and shall, subject to the provisions of any regulations made by the Treasury under the foregoing Sub-section be held by those persons for the purposes of the Road Fund.
(4) There shall be paid out of the Road Fund in every year—
( a ) to every county council by whom the said duties are levied an amount equal to the expenses properly incurred by that council in accordance with directions issued by the Minister with the approval of the Treasury in or in connection with the levying of the duties, and the registration of vehicles, and in issuing licences to drivers of vehicles, and such directions may provide for advances to be made to the said county councils from time to time as may be necessary during the year on account of such expenses:
Provided that the sums applied out of the Road Fund towards the construction of new roads, or the acquisition of land, or in respect of any loans raised for any such purpose, shall not in any year exceed one-third of the estimated amount to be paid into the Road Fund in that year, after deducting from that amount the sums to be paid out of the Road Fund under the provisions of this Sub-section.
Lords Amendment;
In Sub-section (2), after the word "shall" ["and shall, subject to the provisions"], insert
"upon a direction in that behalf being given by the Treasury, by virtue of this Act vest in the persons specified in the direction and shall."
In Sub-section (4, a ), leave out the word "and" ["and the registration of vehicles"].
Leave out the words "in issuing," and insert "the issuing of."
Leave out the words "to be" ["advances to be made "], and insert "being."
Leave out the words "the said" ["to the said county councils"].
Leave out the words "such expenses," and insert "any expenses so incurred by them as aforesaid."
In Sub-section (4), after the word "the" ["amount the sums to be paid"], insert "estimated amount of the."
Agreed to.
CLAUSE 5.—(Provisions as to licences.)
(3) Where any vehicle in respect of which any such licence as aforesaid has been isuued is altered after the licence has been issued in such manner as to cause the vehicle to become a vehicle in respect of which a licence at a higher rate of duty or a licence of a different class is required, the licence shall become void but the holder of the licence shall, on surrendering the same and furnishing the prescribed particulars, be entitled to receive a new licence in respect of the vehicle on payment of such amount, if any, as represents the difference between the amount payable on the new licence and the amount paid on the surrendered licence.
(4) Notwithstanding anything in the provisions of the Acts relating to Excise licences and without prejudice to those provisions, any such licence as aforesaid may be transferred in the prescribed manner.
(5) Subject as may be prescribed every such licence as aforesaid shall, in the prescribed manner, be fixed to and exhibited on the vehicle in respect of which it is issued.
Lords Amendments:
In Sub-section (3), after the word "vehicle" ["receive a new licence in respect of the vehicle "], insert " to have effect for the period for which the surrendered licence would, if it had not been surrendered, have remained in force."
After Sub-section (5) insert a new Sub-section—
"6. Sections twenty and twenty-one of the Revenue Act, 1869, shall, subject to such modifications and exceptions as may be prescribes, apply to the declaration to be prescribed under this Section, and Sections twenty-two and twenty-three of the said Act shall have effect as though references to the declaration to be so prescribed as aforesaid were therein substituted in relation to carriages for references to the declaration under that Act."
Agreed to.
CLAUSE 6.—(Registration and identification marks.)
(1) On the first issue by a county council of a licence under Section thirteen of the Finance Act, 1920, as amended by this Act, for a vehicle it shall be the duty of the council to register the vehicle in the prescribed manner without any further applica- tion in that behalf by the person taking out the licence, and subject to the provisions of this Section, every such council shall assign a separate number to every vehicle registered with them, and the mark indicating the registered number of the vehicle and the council with which the vehicle is registered shall be fixed on the vehicle or on any other vehicle drawn by that vehicle or on both in the prescribed manner:
(2) If the mark to be fixed in accordance with this Act is not so fixed, or if, being so fixed, it is in any way obscured or rendered or allowed to become not easily distinguishable, the person driving the vehicle shall for each offence be liable on summary conviction in respect of the first offence to a penalty not exceeding twenty pounds, and in respect of a second or subsequent offence to a penalty not exceeding fifty pounds:
Provided that a person charged under this Section with obscuring a mark or rendering or allowing it to become not easily distinguishable, shall not be liable to be convicted on the charge if he proves that he has taken all steps reasonably practicable to prevent the mark being obscured or rendered not easily distinguishable.
Lords Amendments:
In Sub-section (1), leave out the word "the" ["and the mark indicating"], and insert "a":
At the end of Sub-section (2), insert
"A person shall not be liable to a penalty under this Section if he proves that he has had no reasonable opportunity of registering the vehicle in accordance with this Section, and that the vehicle is being driven on a public road for the purpose of being so registered."
Agreed to.
CLAUSE 7.—(Amendment of 59 & 60 Vict. c. 36, 3 Edw. 7. c. 36, and 9 Edw. 7. c. 37.)
(1) References in Section ten of the Motor Car Act, 1903, to motor cars shall be deemed to include references to vehicles within the meaning of this Act.
(5) All sums received by a county council by way of fees for licences granted under Section three of the Motor Car Act, 1903, and all penalties recovered in respect of offences under the Motor Cars Act, 1896 and 1903, shall be paid into the Exchequer.
Lords Amendment:
At end of Sub-section (1), insert new Sub-sections—
"(2) In paragraph ( c ) of Sub-section (1) of Section four of the Motor Car Act, 1903, the words 'may cause' shall be substituted for the words 'shall cause,' and the words 'where any particulars are so endorsed' shall be substituted for the word 'also,' and in Sub-section (2) of that Section the words, 'if so required by the convicting court' shall be inserted after the word ('shall').
"(3) Where a person who is the holder of a licence which has been endorsed under Section four of the Motor Car Act, 1903, or under that Section as amended by this Act, has not during a continuous period of not less than three years had any conviction so endorsed on the licence, he shall be entitled, either on applying for a renewal of the licence, or, subject to payment of a fee of five shillings, at any time, to have issued to him a new licence free from endorsements."
I beg to move, "That this House doth agree with the Lords in the said Amendment."
Perhaps a word of explanation is desirable. When the Bill was before this House, a concession was made in respect of the endorsement of licences, making the endorsement optional at the discretion of the justices, and my right hon. Friend promised to consider whether it was possible to meet views which were strongly urged upon him, namely, that a conviction which had been endorsed upon a driver's licence might, after a considerable lapse of time, be erased from his licence. In the Upper House the Government moved an Amendment, the effect of which is, that where a person has gone three years without having a conviction endorsed on his licence, he may then apply for a clean licence.
May I ask if that is to be retrospective, and to apply to drivers who have already gone three years without an endorsement?
Yes.
I think it is only right, on behalf of many hon. Members who took great interest in this matter, that we should express our thanks to the Minister of Transport for his courtesy in getting the Clause inserted.
Question put, and agreed to.
Lords Amendment:
At the end of Sub-section (5), insert, "in such manner and in accordance with such directions as may be contained in any Order in Council made uder this Act."
Agreed to.
CLAUSE 8.—{Amendment of s. 4 of Motor Gar Act, 1903.)
In paragraph ( c ) of Sub-section (1) of Section four of the Motor Car Act, 1903, the words "may cause" shall be substituted for the words "shall cause," and the words "where any particulars are so endorsed" shall be substituted for the word "also."
Lords Amendment:
Leave out the Clause.
Agreed to.
CLAUSE 9.—(Amendment of s. 13 and Second Schedule of 10 & 11 Geo. 5. c. 18.)
(3) Where a licence has been taken out as for a vehicle to be used solely for a certain purpose and the vehicle is at any time during the period for which the licence is in force used for some other purpose, the person so using the vehicle shall, if the rate of duty chargeable in respect of a licence for a vehicle used for that other purpose is higher than the rate chargeable in respect of the licence held by him, be liable on summary conviction to a penalty of an amount not exceeding three times the difference between the duty actually paid on the licence and the duty payable on a licence appropriate to a vehicle used for that other purpose or twenty pounds, whichever amount is the greater.
Lords Amendment:
In Sub-section (3) leave out the words "on summary conviction to a penalty of an amount not exceeding" and insert "to an excise penalty of an amount equal to."
Agreed to.
CLAUSE 10.—(Provision as to licence duty in case of manufacturers or dealers in mechanically-propelled, vehicles.)
(1) If any person being a manufacturer of or dealer in vehicles makes, in the prescribed manner, an application in that behalf to the council of the county in which his business premises are situate, that he may be entitled, in lieu of taking out a licence for each vehicle kept by him at the appropriate rate of duty chargeable under the Second Schedule to the Finance Act, 1920, to take out a general licence in respect of all vehicles used by him the council may, subject to the prescribed conditions, issue to him such a licence on payment of duty at the yearly rate of ten pounds, or, in the case of a licence chargeable with duty under paragraph 1 or paragraph 2 of the said Schedule, at the yearly rate of thirty shillings:
Provided that—
( a ) licences under this Section at the yearly rate of fifteen pounds may be taken for one quarter of the year only beginning the first day of January, the twenty-fifth day of March, the first day of July, or the first day of October, and in the case of any licence so taken out the duty shall be thirty per cent. of the full anual duty; and
( b ) the holder of any licence issued under this Section shall not be entitled by
Lords Amendments:
In Sub-section (1), after the word "licence" ["in the case of a licence chargeable"], insert "to be used only on vehicles."
In Sub-section (1, a ) leave out the word "fifteen" ["fifteen pounds"], and insert "ten."
In Sub-section (1, b ), after the word "time" ["one vehicle at any one time"], insert "except in the case of a vehicle drawing a trailer and used for the prescribed purpose."
Agreed to.
CLAUSE 12.—(Special provisions as to hackney carriages.)
(2) Where a licence has been taken out in respect of any vehicle at the rate of duty appropriate to a hackney carriage seating not more than a certain number of persons, the person keeping the vehicle shall, if it is used on any occasion for the purpose of seating more persons than the number aforesaid, be liable on summary conviction to a penalty of an amount not exceeding three times the difference between the duty actually paid on the licence and the duty payable on a licence for a vehicle being a hackney carriage seating that greater number of persons.
(3) Where not less than twelve hackney vehicles of a similar type, and belonging to one owner, are registered with a county council, and the council is satisfied that one on those vehicles (hereinafter referred to as "the old vehicle") has been destroyed or withdrawn permanently from use as a hackney vehicle, the council shall, on issuing to that owner a licence in respect of another hackney vehicle to be used for the same purpose as the old vehicle allow a rebate from the duty payable on that licence at the rate of one-quarter of the duty paid in respect of the licence for the old vehicle for every complete three months between the date when the old vehicle was destroyed or withdrawn, and the expiration of the licence for that vehicle, and where any such rebate is so allowed the licence for the old vehicle shall be forthwith cancelled.
Lords Amendments:
In Sub-section (2) leave out the words "on summary conviction to a penalty of an amount not exceeding," and insert "to an excise penalty of an amount equal to."
In Sub-section (3) leave out the word "hackney" ["twelve hackney carriages"]; after the word "type" ["of a similar type"] insert "being hackney carriages."
Leave out the word "vehicle" ["hackney vehicle the Council shall"], and insert "carriage."
Leave out the word "vehicle" ["another hackney vehicle"], and insert "carriage."
Agreed to.
CLAUSE 13.—(Regulations.)
(1) The Minister may make regulations generally for the purpose of carrying this Act into effect, and in particular, without prejudice to the generality of the foregoing provision, may make regulations—
( c ) prescribing the size, shape and character of the identification marks or the signs to be fixed on any vehicle and the manner in which those marks or signs are to be displayed; and
( g ) extending any provisions as to registration, and provisions incidental to any such provisions, to any vehicles in respect of which duty under Section thirteen of the Finance Act, 1920, is not payable, and for providing for the identification of any such vehicles: and
( h ) prescribing any matter which is to be prescribed under this Act.
Lords Amendments:
In Sub-section (1, c), after the word "displayed," insert "and rendered easily distinguishable whether by night or by day."
In Sub-section (1, g ), after the word "payable," insert "including vehicles belonging to the Crown."
Agreed to.
CLAUSE 14.—(Penalties.)
(1) If any person uses any vehicle for which a licence under the Finance Act, 1920, as amended by this Act is not in force, or being a holder of a general licence or general licences issued under this Act uses at any one time a greater number of vehicles than he is authorised to use by virtue of that licence or those licences, he shall be liable to an excise penalty of twenty pounds, or an excise penalty equal to three times the amount of the duty payable in respect of the vehicle or vehicles, whichever is the greater.
Proceedings for a penalty under this Sub-section may be brought at any time within a period of twelve months from the date on which the offence was committed.
(2) If any person in connection with an application for a licence for a vehicle or a carriage makes a declaration which to his knowledge is false or in any material respect misleading, or if any person being required by virtue of this Act to furnish particulars in connection with a change of the registration of any vehicle furnishes any particulars which to his knowledge are false or in any material respect misleading, he shall be liable on summary conviction to a penalty not exceeding one hundred pounds or to imprisonment with or without hard labour for a term not exceeding six months.
(3) If in any proceedings under this Section any question arises as to the number of vehicles used or as to the character, weight or horse-power of any vehicle or as to the number of persons seated by a vehicle, or as to the purpose for which any vehicle has been used, the burden of proof in respect of the matter in question shall lie on the defendant.
(4) If any person forges or fraudulently alters or uses or fraudulently lends or allows to be used by any other person any mark for identifying a vehicle or any licence or registration book under this Act, he shall be liable on summary conviction to a fine not exceeding fifty pounds or to imprisonment with or without hard labour for a term not exceeding six months.
(5) All penalties and forfeitures recovered under or in pursuance of this Act, whether by a county council or by any other person, shall be paid into the Exchequer in such manner and in accordance with such directions as may be contained in any Order in Council made under this Act.
Lords Amendments:
In Sub-section (1) leave out the word "a," ["or being a holder"], and insert "the."
In Sub-section (2) leave out the words "one hundred," and insert "fifty."
Leave out Sub-section (3).
Lords Amendment:
In Sub-section (5), after the word "under," insert "Sub-section (1) of."
Agreed to.
CLAUSE 15.—(Local licensing fees to cease to be chargeable.)
(1) As from the first day of January, nineteen hundred and twenty-one, any fees or charges, by whatever name called, payable under any general or special Act to any local or police authority in respect of the licensing of any vehicle (other than tramcar) shall cease to be payable.
(2) Any person who at the commencement of this Act is the holder of any licence issued by any local or police authority in respect of any vehicle (other than a tramcar), being a licence in respect of which a fee or charge exceeding five shillings has been paid, shall be entitled, on making an application in the prescribed manner to the prescribed county council, local or police authority, to obtain a repayment in respect of the fee or charge paid by him for the licence at the rate of one-twelfth of the amount so paid in respect of every complete month for which the licence continues in force after the thirty-first day of December nineteen hundred and twenty, and any sums paid under this provision by a county council shall be treated for the purposes of this Act as expenses incurred by the council in the levying of the duties, and any sums so paid by a local or police authority shall be repaid to the authority out of the Road Fund.
Lords Amendments:
In Sub-section (1), after the word "any" ["to any local or police authority "], insert "county council."
After the word "than" ["other than tramcar"], insert "a."
In Sub-section (2), after the word "any" ["by any local or police authority"], insert "county council or."
After the word "paid" ["five shillings have been paid"], insert "to whom a general identification mark has been assigned under proviso ( b ) to Sub-section (4) of Section two of the Motor Car Act, 1903."
After the word "licence" ["paid by him for the licence"], insert "or mark."
After the word "licence" ["for which the licence continues"], insert "or mark."
At the end of the Clause add a new Sub-section—
"(3) Where upon application for a licence to ply for hire with an omnibus, the licensing authority either refuses to grant a licence or grants a licence subject to conditions, in either case the applicant shall have a right of appeal to the Minister of Transport from the decision of the licensing authority, and the Minister shall have power to make such order thereon as he thinks fit, and such order shall be binding upon the licensing authority.
An order made by the Minister under this Sub-section shall be final and not subject to appeal to any court, and shall on the application of the Minister be enforceable by writ of mandamus.
For the purpose of this Sub-section the expression "omnibus" includes every omnibus, char-à-banc, waggonette, brake, stage coach, or other carriage plying for hire or used to carry passengers at separate fares."
Agreed to.
CLAUSE 16.—(Amendment of Section 28 of 41 & 42 Vict. c. 77.)
Paragraph (3) of Section twenty-eight of the Highways and Locomotives (Amendment) Act, 1878, and paragraph (3) of Section three of the Locomotive Amendment (Scotland) Act, 1878 (which prescribe the maximum weight of locomotives to be used on highways), shall have effect as though the pre-scribed weight were therein substituted for fourteen tons.
Lords Amendments:
Leave out the words
"and paragraph (3) of Section three of the Locomotives Amendment (Scotland) Act, 1878."
Leave out the word "prescribe" ["which prescribe the maximum"], and insert "prescribes."
Leave out the words "the prescribed weight," and insert "such weight as may be prescribed."
At the end of the Clause insert
"and different weights may be prescribed with respect to different classes of locomotives."
Agreed to.
CLAUSE 18.—{Interpretation and application to Scotland.)
(1) In this Act—
The expression "county" includes a county borough, and the expression "county council" shall be construed accordingly;
The expression "the Minister" means the Minister of Transport;
The expression "prescribed" means prescribed by regulations;
The expression "use" means use on a public road.
(2) In the aplication of this Act to Scot land references to a county shall be deemed to include references to a royal, parliamentary, or police burgh containing within its boundaries, as ascertained, fixed, or determined for police purposes, a population according to the census for the time being last taken of or exceeding fifty thousand, and every other burgh shall be deemed to form part of the county within which it is situated, and the expression "county council" shall be construed accordingly.
Lords Amendments:
In Sub-section (1), after the word "Act," insert "unless the context otherwise requires."
At the end of Sub-section (1) insert "The expression 'police authority' includes the receiver for the Metropolitan Police district."
Leave out Sub-section (2).
Agreed to.
Lords Amendment:
After Clause 18 insert
NEW CLAUSE.—(Application to Scotland.)
In the application of this Act to Scotland:
( a ) A reference to paragraph (3) of Section three of the Locomotives Amendment (Scotland) Act, 1878, shall be substituted for the reference to paragraph (3) of Section twenty-eight of the Highways and Locomotives (Amendment) Act, 1878; and
( b ) Except in this Section references to a county shall be deemed to include references to a royal, parliamentary, or police burgh containing within its boundaries, as ascertained, fixed, or determined for police purposes, a population according to the census for the time being last taken of or exceeding fifty thousand, and every other burgh shall be deemed to form part of the county within which it is situated, and the expression "county council" shall be construed accordingly; and
( c ) Section four of the Locomotives Act, 1898, with the exception of Sub-section (3) thereof, shall apply to Scotland with the substitution of arbitration by a single arbiter to be appointed, failing agreement by the sheriff, for arbitration under the Arbitration Act, 1889, and county and town councils may borrow for the purposes of the said Section as so applied in like manner as they may borrow for the purposes of the Roads and Bridges (Scotland) Act, 1878.
The last four lines of paragraph ( c ) of this new Clause appear to me to be a violation of the privileges of this House, because they provide that county and town councils may borrow for the purposes of the Section referred to That, therefore, will probably involve a charge upon the rates.
I beg to move, "That this House doth agree with the Lords in the said Amendment."
Question put, and agreed to.
A special entry will be made.
CLAUSE 19.—(Provisions as to Default on the Part of County Councils in Ireland.)
Provision may be made by Order in Council for the discharge by the Minister or otherwise of the functions under this Act and the Motor Car Acts, 1896 and 1903, of any county council in Ireland which, in the opinion of the Minister, neglects or refuses to perform any of those functions, and for carrying the provisions of this Act, and of any such order, or any other order under this Act, into effect as respects the area of such county council.
Lords Amendment:
At the beginning insert
(1) This Act, in its application to Ireland, shall have effect with the following modification, namely, a reference to Section two of the Public Roads (Ireland) Act, 1911, shall be substituted for the reference to Section twenty-eight of the Highways and Locomotives (Amendment) Act, 1878.
(2) Section four of the Locomotives Act, 1898 (which relates to the erection and use of weighing machines) shall apply to Ireland with the following modifications, namely: —
( a ) a reference to county councils and urban district councils shall be substituted for the reference to road authorities;
( b ) a reference to the enactments with respect to arbitrations in Ireland shall be substituted for the reference to the Arbitration Act, 1889; and
( c ) a reference to the Public Health (Ireland) Acts, 1878 to 1919, shall be substituted for the reference to the Public Health Act, 1875.
Agreed to.
Lords Amendments:
In paragraph beginning "9 Edw. 7, c. 47," leave out the words "Sections seven," and insert "Section seven; Sub-section (3) of Section eight, Sub-section (2) of Section eleven, and Sections."
Agreed to.
A message being expected from the Lords, I propose to leave the Chair until it arrives. For the convenience of hon. Members, I may say that I shall not take the Chair before Nine o'clock, and when I do take the Chair, the bells will be rung all over the House, so that Members may be made aware of the fact.
Sitting suspended at twenty minutes before Seven o'clock.
resumed the Chair at Two minutes before Eleven of the Clock.
Second Schedule
Provisions as to Applications and Inquiries With Respect to Closing of Highways
(3) The Minister shall publish in the London Gazette, and once at least in each of two consecutive weeks in some local newspaper circulating in the district in which the highway to which the application relates is situate, notice of the fact that an inquiry will be held to consider the application, and the notice shall contain sufficient particulars of the application, and shall contain a statement as to the time and place at which the inquiry will be held, and shall also state that all persons interested may attend and be heard at the inquiry.
(5) A witness on the inquiry may, if the person holding the inquiry thinks fit, be examined on oath.
Lords Amendment:
In paragraph (3), leave out the word "Gazette," and insert "Edinburgh or Dublin Gazette," as the case requires.
At the end of paragraph (5), add "and the person holding the inquiry shall for that purpose have power to administer an oath."
Agreed to.
Agriculture Bill
Message from the Lords.
That they do not insist on certain of their Amendments to which the Commons have disagreed.
They agree with certain Amendments made by the Commons to certain other of their Amendments with Amendments.
They disagree with certain Commons Amendments to their Amendments, for which disagreement they assign reasons.
They have made a consequential Amendment to the Bill.
The Lord disagree with the Amendment made by the Commons to the Amendment made by the Lords on line 11, page 15, of the Bill, for which disagreement they assign the following reason: because they consider that the provisions should apply both to contracts of tenancy entered into before the Act and hereafter.
Lords Amendment;
In Clause 8, at end of Sub-section (6), insert
"( g ) where a written contract of tenancy has been entered into (whether before or after the commencement of this Act) for the letting by the landlord to the tenant of a holding which at the time of the creation of the tenancy was in the occupation of the landlord upon the express terms that if the landlord desires to resume that occupation before the expiration of a specified term not exceeding seven years the landlord should be entitled to give notice to quit without becoming liable to pay to the tenant any compensation for disturbance, and the landlord desires to resume occupation within the specified period, and such notice to quit has been given accordingly.")
Commons Amendment to the Lords Amendment: Leave out the words "whether before or after the commencement of this Act," and insert "before the commencement of this Act."
I beg to move, "That this House doth not insist on its Amendment to which the Lords have disagreed."
In lieu there of we propose another Amendment to the Lords Amendment. The effect of the Amendment which the Lords have refused to accept from the Commons is that where a landlord has previously been in occupation of a farm, and he desires to resume occupation within seven years, and he has made a contract to the effect that he will resume if he desires so to do within the seven years, he shall have the right to do so. When this Amendment was before this House the Commons decided that this particular proposal should be confined to arrangements made before the passing of the Act. The Lords insist that it shall be made in reference to future tenancies.
11.0 P.M.
The view of the Government is that the Lords Amendment may be accepted, because, undoubtedly, it would deal with hard cases, for example, where a widow lets a farm to a tenant with a view of letting her son resume or resuming it herself later on. It will apply to some cases of ex-service men. But we think that precautions ought to be taken against it being used for evasion. The occupation of the farm, unless it is qualified, would very likely mean a mere temporary occupation, and not a real occupation. We hold, therefore, that the occupation must be for a certain period, and I will therefore move an Amendment to that effect.
Question put, and agreed to.
Amendment made to Lords Amendment:
Leave out the word "was," and insert instead thereof the words "had then been for a period of not less than twelve months.—[ Sir A. Boscawen. ]
CLAUSE 10.—(Application of Act to cottage holdings under Act of 1908.)
Lords message:
The Lords agree with the Amendments made by the Commons to the Amendment made by the Lords in Sub-section (2), but propose another Amendment — In Sub-section (2), after the word "value," insert the words "not exceeding in any case three shillings."
I beg to move, "That this House doth agree with the Lords in the said Amendment."
It affects the amount of compensation. We have based the amount of compensation paid to the occupier on the same principle as the amount of compensation payable to the tenant farmer when he is evicted from his farm. That is to say what corresponds with one year's rent, and if the labourer can prove that he is entitled to more than one year's rent then it shall be that year's rent up to a maximum of two years' rent. In the case of a farm it is clear what the rent is—it is the rent of the farm. In the case of a cottage we have adopted a system of average by taking what the Wages Board have fixed as the amount of the benefit of the cottage in reduction of the wages. The usual amount is three shillings, but that amount might be increased very considerably. We think there should be some limit, and therefore, instead of saying what the Wages Board may decide we take what is now the usual sum, namely, 3s., and we make that the amount for the computation of the rent. The effect is this: If the labourer is dispossessed under the conditions laid down in the Clause he would get 52 times three shillings, and if he can prove that his expenses are more than that he may get up to 104 times three-shillings, or up to the amount of his actual expenses; That is a fair compromise and I propose that we agree to it.
I wish to use moderate language in my protest against another House interfering with what this House has done, after tremendous labour. Taking everything into consideration, the right hon. Gentleman (Sir A. Boscawen) deserves all praise and credit for the amount of labour, time and interest he has devoted to the subject, and for the most generous way in which he has met myself and my colleagues in reference to this particular Clause affecting the agricultural labourer. This is the first time that anything has been done in Parliament in this direction to free the agricultural labourer from the tied cottage.
Question put, and agreed to.
Lords Amendment agreed to.
CLAUSE 13.—(Amendment of law as to improvements.)
Lords message:
" The Lords disagree with the Amendment made by the Commons to the Lords Amendment [ to insert at the end of Sub-section (3) the words, 'provided that nothing in this Sub-section shall authorise the breaking up of meadow land or pasture '], for which disagreement they assign the following reason: They do not consider that the Amendment proposed by the Commons meets the case."
I beg to move, "That this House doth not insist on its Amendment, to which the Lords have disagreed."
This is a very small point, and I do not think there is any reason why we should further disagree with the Lords.
Question put, and agreed to.
CLAUSE 30.—(Interpretation.)
Lords message—
" The Lords disagree with the Amendment proposed by the Commons to the Lords second Amendment to Sub-section 4) [' rules of good husbandry '], but propose the following Amendment in lieu thereof:
" The expression rules of good husbandry means, due regard being had to the character of the holding so far as practicable, having regard to its character and position,
( a ) the maintenance of the land (whether arable, meadow or pasture) clean and in a
( b ) The maintenance and clearing of drains, embankments, and ditches;
( c ) The maintenance and proper repair of fences, stone walls, gates, and hedges;
( d ) The execution of repairs to buildings, being repairs which are necessary for the proper cultivation and working of the land on which they are to be executed; and in addition
( e ) Such rules of good husbandry as are generally recognised as applying to holdings of the same character and in the same neighbourhood as the holding in respect of which the expression is to be applied:
Provided that the foregoing definition shall not imply an obligation on the part of any person to maintain or clear drains, embankments, or ditches, if and so far as the execution of the works required is rendered impossible except at prohibitive or unreasonable expense by reason of subsidence of any land of the blocking of outfalls which are not under the control of that person, or in its application to land in the occupation of a tenant imply an obligation on the part of the tenant—
(i) To maintain or clear drains, embankments or ditches;
(ii) To maintain or properly repair fences, stone walls, gates, or hedges where such work is not required to be done by him under his contract of tenancy; or
(iii) To execute repairs to buildings which are not required to be executed by him under his contract of tenancy."
I beg to move, "That this House doth agree with the Lords in the said Amendment."
I think this is the longest definition of the rules of good husbandry ever known in the history of agriculture, but it brings us to a reasonable compromise. It follows very much the conversations I had with my right hon. Friend the Member for Chelmsford and other Members this afternoon. The Amendment, the definition of good husbandry originally inserted in another place, would have so tied up the expression "good husbandry," that it probably would have had the effect of cutting out of compensation a good many tenant farmers. The result of that might have been that compensation for disturbance might have been nugatory in many cases. That was pointed out this afternoon, and we pointed out particularly that the word "high" fertility set up a standard which might have the effect of taking away the compensation from many farmers who were farming according to the ordinary rules. The Lords have agreed to substitute "good" for "high." That may meet the principal point. They have also agreed to put in the words "as far as practicable," so that this high fertility, and generally the keeping of the land clean, shall only be as far as practicable, having regard to the character and situation of the holding. I think this long definition as now settled on a compromise in another place, will not have the effect of destroying the operation of the compensation Clauses. On the other hand, it is certainly setting up a higher standard, and the effect of that is generally to improve the standard of farming in this country, and I think it will be welcomed by all parties concerned. I do not propose to further disagree with the Lords on the said Amendment.
Question put, and agreed to.
Lords Message:
The Lords agree with the Commons Amendment to their Amendment in Clause 31, Sub-section (3), with the following Amendment to the Bill: "Leave out, in Sub-section (5, a ), the words 'nineteen hundred and twenty-one.'"
I beg to move "That this House doth agree with the Lords in the said Amendment."
This is a purely verbal point, and I propose that we agree with the Lords.
Question put, and agreed to.
Lords Message:
The Lords disagree with the Amendment made by the Commons to their Amendment in Sub-section (9) and Sub-section {10), for which disagreement they assign the following reason: Because the powers of the Land Court should not be extended.
I beg to move, "That this House doth not insist on its Amendment, to which the Lords have disagreed."
I must confess that I am amazed at the decision which has been taken on this matter in another place. What was the proposal which was made? It was that if both parties desired to go to the Land Court in preference to an arbiter they
should be at liberty to do so. No compulsion was imposed upon either party. In another place it has been decided that they should be disabled from going to the tribunal which they both desired to do. This decision, it seems to me, can only be accounted for by blind and unreasoning prejudice. In another place they seem to fear the popularity which the Land Court would achieve in the performance of that duty which both parties, ear hypothesi to the argument, desire that they should discharge. But we have got to remember that we are at the eleventh hour of the Session, and probably even later. We have also got to remember that to disagree with the Lords in this Amendment would not only imperil, but, according to the advice which I have received, would kill this Bill. I cannot recommend the House of Commons to undertake that grave responsibility, and therefore, with great reluctance and with great regret, I beg to move that we agree with the Lords Amendment.
I only just wish to say that I agree with every adjective which my right hon. Friend said by way of disagreement with the action of the Lords. My only regret is that he has not taken what I think would be the right and best line, to move to disagree with the Lords.
I am rather surprised at that attitude of the Leader of the Opposition. It is not so many hours ago that I went into the Lobby in favour of the Amendment that was carried to the Lords that this should be decided by the Land Court, and most of the hon. Members above the Gangway were in the Opposition Lobby. I admit that they did not know why they were there; and for the life of me I do not know why they took that attitude. Now that their friends at the other end of the passage have taken up the good work that they began at this end, I do not gee why they have any reason to complain.
Question put, "That this House doth not insist on its Amendment, to which the Lords have disagreed."
The House divided: Ayes, 96; Noes, 10.
Division No. 460.] AYES. [11.20 p.m. Adair, Rear-Admiral Thomas B. S. Balfour, George (Hampstead) Boscawen, Rt. Hon. Sir A. Griffith- Addison, Rt. Hon. Dr. C. Barlow, Sir Montague Brittain, Sir Harry Archer-Shee, Lieut.-Colonel Martin Barnes, Rt. Hon. G. (Glas., Gorbals) Buckley, Lieut.-Colonel A. Atkey, A. R. Barnston, Major Harry Bull, Rt. Hon. Sir William James Baldwin, Rt: Hon. Stanley Benn, Sir A. S. (Plymouth, Drake) Carr, W. Theodore
A Royal Commission has been appointed for to-night. I will leave the Chair until it is announced, and will then have the bells rung again so that hon. Members may be made aware of the fact.
Sitting suspended at half after Eleven of the clock.
resumed the Chair at Seventeen Minutes before Twelve o'clock.
Message from the Lords
Agriculture Bill,
That they have agreed to the Amendment made by this House to one of their Amendments, without Amendment.
Royal Assent
Message to attend the Lords Commissioners.
The House went, and having returned,
( standing in the Clerk's place at the Table ): I have to inform the House that the House has been to the House of Peers, where a Commission under the Great Seal was read authorising the Royal Assent to:
And to the following Measure passed under the provisions of the Church of England Assembly (Powers) Act, 1919.
Convocations of the Clergy Measure, 1920.
Prorogation
His Majesty's Most Gracious Speech
I have further to acquaint the House that the Lord High Chancellor, being one of the High Commissioners, delivered His Majesty's Most Gracious Speech to both Houses of Parliament, in pursuance of His Majesty's Command, as followeth:
My Lords and Members of the House of Commons,
My relations with foreign Powers continue to be of a friendly nature, and throughout the year external policy has been conducted in close co-operation with the Allies. The general appeasement of the passions engendered by the War has been assisted by a Conference with our late enemies, at which certain matters in dispute were satisfactorily adjusted. The situation which has arisen with Greece will, however, require the earnest attention of My Government, who will, in conjunction with the Allies, endeavour to reach a solution compatible with our joint responsibilities.
In Russia the situation is still unsettled and obscure. I trust that trade will shortly recommence with Russia, and that this may lead to an era of peace greatly needed by the suffering peoples of Eastern Europe. It is of the highest importance, however, that Poland and her neighbours should compose their political differences, and devote their undivided energies to producing internal stability and to the task of economic reconstruction.
I have accepted Mandates, under the Covenant of the League of Nations, in respect of Mesopotamia, Palestine, certain parts of Africa, and other German possessions in the Pacific Ocean south of the Equator. The Mandates for German South-West Africa and the German possessions in the Pacific will be severally administered by the Governments of the Union of South Africa, of the Dominion of New Zealand, and of the Commonwealth of Australia. It will be the high task of all My Governments to superintend and assist the development of these countries, according to their varying degrees of advancement, for the benefit of the inhabitants and the general welfare of mankind.
During the past year the League of Nations has come into effective existence. A long series of important measures has been initiated by the Council of the League and the Labour Bureau. The first Assembly of the League has shown its sense of the importance of including all nations in its membership by admitting two of our late enemies. It is My earnest hope that the spirit of harmony and goodwill between nations manifested at the Assembly is an augury of the value of the League as a force making for conciliation and peace throughout the world.
Since I last addressed you I have had the happiness of welcoming My son, the Prince of Wales, on his return from his visit to Australia, New Zealand, and the West Indies. The enthusiastic affection with which he has been everywhere received has afforded me the liveliest gratification, and I am confident that he has done much to strengthen the mutual sympathy and trust which cement the Empire.
The measures required to bring into operation the Government of India Act have been taken, and the new constitution will be in general effect within a few days. It is a matter of great regret to me that the Prince of Wales will not be able to inaugurate the new Councils. But the Duke of Connaught is now on his way to fulfil that duty, and I am confident that the people of India, to whom he is well-known as having filled the high office of Commander-in-Chief in Bombay, will accept His Royal Highness's visit on my behalf as proof of My earnest and unwavering hope that their Legislators will so fulfil the responsibilities entrusted to them as to bring increased prosperity and contentment to all My subjects in India.
Members of the House of Commons
I thank you for the provision made for the public service and for the redemption of debt. Obligations arising out of the Great War, and the disturbed conditions still prevailing in a large part of the world, have made very heavy expenditure unavoidable. These difficulties are common to the whole world, and have been nowhere so successfully met as in this country. I am conscious of the great sacrifices entailed by this heavy draft upon the national resources, and of the vital need of economy in all Departments of the public service, and My Ministers will continue to make every effort to reduce expenditure.
My Lords and Members of the House of Commons,
The state of affairs in Ireland grieves Me profoundly. I deplore the campaign of violence and outrage by which a small section of My subjects seek to sever Ireland from the Empire, and I sympathise with the loyal servants of the Crown who are endeavouring to restore peace and maintain order under conditions of unexampled difficulty and danger. It is My most earnest hope that all sections of the people in Ireland will insist upon a return to constistutional methods, which alone can put an end to the terrible events which now threaten ruin to that country and make possible reconciliation and a lasting peace. I have given My assent to a Bill for the better government of Ireland. This Act, by setting up two Parliaments and a Council of Ireland gives self-government in Irish affairs to the whole of Ireland, and provides the means whereby the people of Ireland can of their own accord achieve unity. I sincerely hope that this Act, the fruit of more than thirty years of ceaseless controversy, will finally bring about unity and friendship between all the peoples of My Kingdom.
My Government are giving careful and anxious consideration to the question of Naval strength as affected by ' the latest developments of Naval warfare.
During the present Session I have been glad to give My assent to a number of measures for the promotion of the well-being of the people. Among other Acts, I may mention the Act providing old age pensions for blind persons at the age of fifty; the National Health Insurance Act, which increased the general rates of benefits to contributors; the Juvenile Courts Act, which secures an advance both in the treatment of children and in the co-operation of women in public affairs; the Mining Industry Act, which recognises the importance of mining in the industrial life of the country by the constitution of a Mines Department, in which all the powers and duties relating to the industry are now concentrated; the Act regulating the importation of dyestuffs in order securely to establish the dyestuffs industry in this country; the Agriculture Act, which will increase the production of food, promote good husbandry, and improve the legal position of agricultural tenants; and the Unemployment Insurance Act, which makes an important extension of the provisions against unemployment and, enlarges the number of insurable workers from 4,000,000 to 12,000,000.
A measure has also been passed whereby local authorities will be assisted in the maintenance and, improvement of roads and bridges, thus facilitating the further development of the new methods of transport which are becoming every year of greater importance to the life of the community.
In the domestic sphere the past Session has seen a steady return to normal conditions. I am glad to believe that the weariness and exhaustion which be- set the people after their sufferings and efforts during the War are passing away, and that the difficulties thus caused, especially in industrial affairs, are giving place to a better general understanding of the problems of industry and to better relations between employers and employed. The darkest cloud on the horizon, the growing amount of unemployment, now springs, not so much from internal causes, but from the contraction of the export trade due to the poverty of other nations and to their inability to secure credits for the purpose of placing orders in this country. All nations equally with ourselves are affected by these conditions. The problem of restoring trade and of providing for those left without employment has for some time been engaging the close and earnest attention of Ministers, and various schemes, of which some are already in operation, have been prepared to alleviate the distress arising therefrom. It will be the duty of My Ministers to continue to give unremitting attention to this problem with a view to mitigating, as far as is humanly possible, the hardships of unemployment.
As a direct consequence of the industrial depression, My hope that men who served in My forces during the War, and particularly those who are disabled, would by this time be absorbed in civil employment has been dis- appointed. No efforts have been spared by the Government to secure the resettlement of these men in civil life, but it has become more than ever necessary that these efforts should be supplemented by the active aid and co-operation of My people.
In bidding you farewell, I pray that the blessing of Almighty God may rest upon your labours.
Then a Commission for proroguing the Parliament was read in the Souse of Lords.
After which the Lord Chancellor said:
MY LORDS AND MEMBERS,—By virtue of His Majesty's Commission, under the Great Seal, to us and other Lords directed, and now read, we do, in His Majesty's Name and in obedience to his Commands, Prorogue this Parliament to Tuesday, the fifteenth day of February, One thousand nine hundred and twenty-one, to be then here holden; and this Parliament is accordingly prorogued to Tuesday, the fifteenth day of February, One thousand nine hundred and twenty-one.
End of the Second Session {opened, Tuesday, 10th February, 1920) of the Thirty-first Parliament of the United Kingdom of Great Britain and Ireland, in the eleventh year of the Reign of His Majesty King George the Fifth.
In col. 1501, the name of Mr. J. Jones should be substituted for that printed as " Mr. J. James."