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Written Answers

Volume 140: debated on Wednesday 6 April 1921

HIGH COURT CASES (SOLICITORS).

asked the Secretary of State for India why the India Office, in Denning v. Secretary of State for India, instructed an outside firm of solicitors, who were not official solicitors in the sense of being Government employés; and whether this course resulted in a needless additional cost in resisting the plaintiff's claim?

It would be necessary to increase the India Office legal staff to enable it to conduct cases in the High Court, but the number of such cases in which the Office is concerned is so small that the increase would not be justified, and it is more economical to employ outside solicitors to deal with any which occur. Moreover, the majority of cases are concerned with technical subjects, such as patents, in which it would, in any case, be necessary to employ firms specially qualified to deal with them. The answer to the second part of the question is, therefore, in the negative.

BURMA.

asked the Secretary of State for India whether he is aware that the Indian Government collects a large revenue from Burma which it does not expend in Burma but devotes to general Indian purposes, with the result that the resources of Burma are very imperfectly developed, both as regards roads and railways and land development, which are not only not fostered, but rather retarded by the Indian Government; and whether he will consider severing the connection between India and Burma and creating the latter a Crown Colony, with a view to its better development and a juster expenditure of its revenue on Burmese development?

I think that the first part of the hon. Member's question overlooks the radical alteration which has been made on the recommendation of Lord Meston's Committee, by the rules under the Government of India Act for the apportionment of revenues between the Government of India and the pro vinces. As regards the second part of the question, I hope that the whole question of Burma's constitutional future will be examined shortly by the Standing Joint Committee on Indian affairs.

CAVALRY AND INFANTRY REGIMENTS.

asked the Secretary of State for India how many regiments of Indian cavalry and infantry have already been disbanded; and how many more are in course of reduction?

Up to 24th February of this year three Indian cavalry regiments, the 5th additional squadrons of four Indian cavalry regiments, and 53 infantry and pioneer battalions had been disbanded. None of the above were pre-War units. Further reductions, and in the case of cavalry, amalgamation of regiments which are no longer required for service overseas, will take place as opportunity offers on their return to India. But, as I stated in this House on the 23rd March, no further reduction beyond that already announced, of the post-War establishment proposed for Indian purposes will be made pending consideration of the whole question by the Sub-committee of the Committee of Imperial Defence.

GOVERNMENT SERVICE (CONTRACTS).

asked the Secretary of State for India whether the main difference in the new and old forms of contract for service in India is to make it clear that the officer serves at the will and pleasure of the Crown, but that the new form of contract contains no provision safeguarding a civil servant against injustice through departmental blunders; and whether he will consider the advisability of arranging for future cases of dispute to be referred to an independent tribunal, and so avoid departmental mistakes inadvertently ruining the careers of able men and losing their services to the Indian Empire?

The relevant point of difference between the present form of contract and that which was in use in 1909 is that the present form states explicitly a condition, which in the earlier form was contained by reference to the Civil Service Regulations, namely, that service may be determined by reason of medical unfitness on the report of a duly constituted advisory medical board. I do not understand the hon. Member's references to departmental blunders and mistakes, and do not consider it necessary to insert any provision purporting to safeguard a civil servant against their occurrence, nor to take the action suggested in the second part of the question.

asked the Secretary of State for India whether he is aware that the new form of India Office contract of service is open to the strictures passed by a judge on the form of contract relied upon by the plaintiff in Denning v. Secretary of State for India; whether he contemplates amending Clause 6 with its provision for dismissal without notice in the event of misconduct, seeing that the learned judge considered it unnecessary, as the contract was liable to be determined at the pleasure of the Crown; what is the object of the provision as to the taking of evidence in the event of an action of legal proceedings between the parties, seeing that the learned judge considered such Clause misleading since its implication was that proceedings would lie against the Secre- tary of State; whether Clause 10 in the new form of contract is open to the same objection as Clause 9 in the old form, namely, of indicating that service can only be determined by three calendar months' notice before the expiration of the agreement period; whether his attention has been drawn to the Attorney-General's assurance that the learned judge's remarks should receive every attention and respect; whether, in view of the learned judge's observations that the general form of these contracts was most unfortunate and misleading and contradictory to the Crown's common law right to determine the contract at any time without notice, he will consider the advisability of having the new form of contract revised and a draft submitted to one of His Majesty's judges for criticism before its final adoption; whether, in view of the Crown's power of dismissal at pleasure, such contracts will henceforth be known as memoranda of engagement and not agreements; whether he will consider the insertion of a fresh Clause, calling attention to the Crown's present power of dismissal at pleasure and at the same time safeguarding the interests of the civilian signatory against injustice through departmental blunders; and whether he will consider the advisability of arranging for civil servants with expired contracts having the right of reference to an independent tribunal?

As regards the first, fifth, sixth, and eighth parts of the question the learned judge in the case referred to criticised the form of the contract made with Dr. Denning as misleading, and the Attorney-General gave an assurance that the judge's remarks would receive every attention; the present form of contract differs from the old in stating more explicitly that service may be terminated on account of medical unfitness, but I am aware that the present form does not wholly meet the judge's criticism in so far as it makes no reference to the Crown's common law right to determine an officer's service at pleasure. I am advised that it is so well established by previous cases as to be sufficiently well known that persons in the Civil Service of the Crown hold office during His Majesty's pleasure, and a declaration to this effect is now included in the Government of India Act; it should consequently be well known that the Crown has the legal right, however infrequently exercised, to dispense with its officers' services, but I am considering whether a reference to this right of the Crown should be inserted in the form of contract; it would not, I think, be desirable to refer the question to one of His Majesty's judges who cannot properly be asked to share in the responsibility for an executive decision; I do not understand the reference to departmental blunders and do not consider it necessary to insert a provision purporting to safeguard officers from injustice arising from such a source. As regards the second and fourth parts of the question, it is, I think, agreed that any amendment of the form of contract should be in the direction of making it more explicit rather than the reverse; I do not therefore contemplate amending Clause 6, which already contains specific provision for dismissal in certain circumstances; the learned judge's criticisms of certain clauses were based on the absence of any accompanying clause referring explicitly to the Crown's common law right of dismissal, and (whether or not it is found practicable to insert such a clause) it is clearly desirable to retain the existing specific conditions as to notice and dismissal, otherwise the Crown would have to rely generally on its common law right, which is exactly the opposite of what both the hon. Member and I myself desire. As regards the third part of the question I am advised that it is desirable to retain the concluding clause of the form of contract which contains provisions as to the giving of evidence; other actions besides actions for wrongful dismissal might be brought in respect of the agreements. As regards the seventh part of the question I do not see the need of the change of nomenclature suggested. The answer to the last part is in the negative.

asked the Secretary of State for India whether he is aware that in Denning v. the Secretary of State for India the plaintiff, formerly Superintendent of Industries; Bengal, contended that the medical evidence upon which his contract of service had been prematurely terminated was wrong in fact and false in deduction; that Dr. Denning has been consistently refused any opportunity, of rebutting the India Office Medical Board's verdict that he was incapacitated for further service in India; that, when com- municating the Board's verdict, the Deputy-Accountant-General suggested that Dr. Denning should apply for permission to retire from the service of the Government; that Dr. Denning acknowledged, expressing his readiness to resume his duties, and inquiring whether the Medical Board ascribed his alleged incapacity for further service to cardiac defect; that to this inquiry the Under-Secretary replied that it was not in accordance with the practice of the India Office to give the information asked for; that thereupon Dr. Denning declined to send in his resignation; that the Under-Secretary subsequently notified him that his service under the Government had terminated; that Dr. Denning then challenged the propriety of this summary dismissal, in view of his special contract, and at the same time stated that he had taken the opinion of eminent medical men, and held a written certificate that he was in as good health then as previous to his departure for India; that, despite frequent applications for details of the India Office Medical Board's verdict, it was not until he had started proceedings for breach of contract and of wrongful dismissal, and the defence was delivered, that the India Office medical particulars were disclosed; that the particulars then disclosed stated that after an attack of malaria Dr. Denning developed a mitral systolic murmur audible round his axilla, whereas this condition was consequent on rheumatic fever at the age of 14, was present when he was passed for service in India, and that an eminent Harley Street heart specialist considered the valve leakage so slight that the heart is not embarrassed in its work and the functional efficiency not impaired; that for practical purposes the heart is sound, not liable to failure, and Dr. Denning is fit for any occupation; and, in view of the unsatisfactory medical position, will he consider the advisability of Dr. Denning's case even now being gone into further, with the object of his receiving adequate compensation for the loss of income sustained through the India Office handling of his case and the consequent damage to his future prospects?

Mr. MONTAGU: The facts recited in the first nine parts of the question are substantially correct, except that I cannot accept the description of the termination of Dr. Denning's services as a "Sum- mary dismissal." As regards the tenth and eleventh parts, it was stated in the defence that Dr. Denning suffered from malarial fever in India and developed a mitral systolic murmur; Dr. Denning alleged in his reply that this condition was present in 1909 when he was passed for service in India by the India Office Medical Board and that it was, or could have been, known by the medical board; if Dr. Denning's present allegation is correct, it is difficult to reconcile it with the fact that in 1909 he signed a specific declaration that to the best of his knowledge and belief he was not affected with any form of disease such as disease of the heart and that he would fully reveal to the medical board all circumstances within his knowledge that concerned his health. I cannot enter now into questions which are matter for expert medical opinion; the medical board which examined Dr. Denning were the responsible medical advisers of the Secretary of State in Council and being possessed of Indian experience were best qualified to judge of the degree of medical unfitness that would prevent an officer performing efficiently trying duties in the peculiar conditions of service in India. The answer to the last part of the question is in the negative.

ROYAL PARKS, LONDON (CHAIRS).

asked the First Commissioner of Works whether he is aware that the public are now charged 2d. for the use of chairs in Hyde Park and other parks in London; whether he will give the annual amount paid to the Office of Works by the owner of the chairs; is the contract between the owner and the Office of Works renewable yearly; and was his consent obtained before this extra charge was imposed on the public?

The answer to the first part of the question is in the affirmative. The owner of the chairs in the Royal parks has been paying a rent of £7,000 per annum for the sole right to let them. Owing to the great increase in the cost of the band performances, upon which the value of the letting mainly depends, and in the cost of labour and materials, the contractor asked for some modification in the terms of his contract. After full consideration it was decided to authorise him to increase the charge for the use of chairs outside the band enclosures from 1d. to 2d., and inside the band enclosure from 2d. to 3d. (inclusive of Entertainments Tax and supply of band programme). In return for this consideration the contractor is to pay an increased rent of £10,500 per annum. The position is to be reviewed at the end of two years.

HAMPTON COURT PALACE (WARDERS).

asked the First Commissioner of Works whether he is aware that the whole of the men who went into the Army during the War from among the warders at Hampton Court Palace have not been treated alike so far as pay is concerned; that some of the men received a share of the commission on the sale of catalogues, post-cards, etc., while one man named Lea was refused this commission; and whether, in view of the fact that this is not civil pay in the ordinary sense of the term, he will cause inquiries to be made with a view to Mr. G. Lea being paid the same amount as was paid to the other warders?

The warders in question were dealt with under the terms of Regulations framed by the Treasury for the Civil Service as a whole, and which I have no power to vary. There was no difference of treatment in regard to Lea, but he alone among the three warders serving with the forces was a commissioned officer, and his military pay and allowances were in excess of his civil emoluments, including the allowance for the sale of guides.

BOARD OF TRADE (TEMPORARY BUILDINGS).

asked the First Commissioner of Works whether a number of officials recently accommodated in the hutments of the Ministry of Shipping have been provided for in the offices of the Board of Trade; whether a number of Board of Trade officials have taken up their duties in these hutments recently occupied by the Ministry of Shipping; and how long this arrangement is intended to last?

At present no action in the directions indicated in the ques- tion has been taken, and it is not possible at present to say to what extent the accommodation occupied by the Board of Trade will be affected by the transfer of the staff of the late Ministry of Shipping, as the matter is still under consideration.

STATIONERY OFFICE (PRINTING WORKS, HARROW).

asked the Secretary to the Treasury whether the Government has purchased the printing works of David Allen and Company at Harrow; if so, what was the purchase price; and are the works still being used for purposes of Government printing?

The printing works of Messrs. David Allen and Company at Harrow were purchased by the Government in March, 1918, in the circumstances set out in Appendix I. to the Report of the Select Committee on Publications for 1918 (H. C. 131). The total price paid for the works was £315,000. A Government printing works has been established at Harrow in these premises as a three years' experiment.

VOLUNTEER ROYAL ARMY SERVICE CORPS (MECHANICAL TRANSPORT).

asked the Secretary of State for War whether, on the disbandment of the Volunteer Royal Army Service Corps (Mechanical Transport), he will recommend that due recognition should be accorded to their valuable services by the distribution of War honours?

Members of the units referred to were considered with the other members of the Volunteer Force for the award of War honours. A number of them were appointed to the British Empire Order and the names of others were specially brought to notice and were mentioned in the Press. Their claims will also come up for consideration with the rest of the Volunteer Force if it is decided to award a medal to the troops who served at home during the War.

WELLINGTON BARRACKS.

asked the Secretary of State for War when the reconstruction and renovation of Wellington Barracks was begun; when it is anticipated the work will be completed; what is the estimate of the cost of the reconstruction and renovation; and whether there has been any delay in carrying on the work?

The work of reconstructing and renovating Wellington Barracks has not yet actually been commenced, but there has been no delay in carrying out the necessary preliminaries. The estimated total cost of the work is £140,000, of which £25,000 has been provided in the Army Estimates for 1921–22 and was included in the Vote on Account recently agreed to by this House. It is anticipated that it will take three years from the date of commencement to complete the work with all accessory buildings. One battalion is at present accommodated in the barracks, but it is hoped that after about two years the work will be sufficiently advanced to accommodate two battalions, the second being the battalion from Wimbledon.

WIMBLEDON COMMON CAMP.

asked the Secretary of State for War whether having regard to the delay in evacuating the camp on Wimbledon Common and restoring the site to public use, there is any other accommodation available for the battalions of the Guards; and, if so, whether he expects to be able to move the Guards from Wimbledon at an early date?

I regret that there is no other accommodation at present available for the two battalions of Guards now stationed at Wimbledon Common. As far as can be foreseen at present one battalion will be moved to Aldershot next autumn, but the other must remain at Wimbledon until accommodation has become available at Wellington Barracks.

BRITISH EMPIRE ORDER.

asked the Secretary of State for War what are the conditions governing the grant of the Order of the British Empire, Military Division; whether it is reserved for cases of gallantry in the field; and, if so, since when has it been so reserved?

Awards were made from the Military Division of the British Empire Order during the late War for acts presenting elements of gallantry, as well as for any important military services rendered in connection with the War. It was not reserved for cases of gallantry in the field, and was not, in fact, considered suitable for rewarding acts of gallantry under fire. War awards from this Division were discontinued, as regards most theatres, by Army Order 433 of 1919. The question of appointments to the Military Division in peace time is now under consideration.

LAND SETTLEMENT.

asked the Minister of Agriculture whether any land acquired by the county councils, under the recent Acquisition of Land Act, can be disposed of only for the use of disabled soldiers, or whether all ex-soldiers have an equal right for any land so acquired?

Land acquired by county councils under the Small Holdings and Allotments Act, 1908, and the Land Settlement (Facilities) Act, 1919, can be sold or let to any suitable ex-service man who made application before the 1st December last, but a further sum of £4,000,000 has been made available for loans to county councils on condition that such councils make provision for suitable disabled men who have been trained at the Ministry's expense.

KING'S ROLL OF HONOUR.

asked the President of the Board of Trade whether, in the discharges that may be necessary in firms whose names are on the King's Roll of Honour due regard is being given to the pledge to employ a certain percentage of ex-service men; whether he has any information from which he can say if that pledge is being adhered to; and, if so, will he assure the ex-service men that these firms are observing their pledge?

I have been asked to reply. As my hon. Friend is no doubt aware, the pledge given by employers on the King's Roll relates to the employment of disabled men, and I have every reason to believe that these employers are, so far as possible, retaining their disabled men when reducing staff. The number of disabled ex-service men registered as unemployed has increased in a much smaller proportion since last September than the number of other applicants, although the register has been in creased during that period by a considerable number of disabled men who were discharged from hospital. Any employer who ceased to employ the agreed percentage of disabled men would, of course, be no longer qualified to remain on the King's Roll. I am looking into this question specially in connection with the renewal of undertakings under the National Scheme. Perhaps I may be permitted to add that His Majesty's Government has decided that, save in very exceptional circumstances, all firms contracting for Government contracts to whom the conditions for membership of the King's Roll are applicable must be on the King's Roll. This rule will come into operation on the 1st June, 1921.

HOUSING (LITTLEBOURNE, KENT).

asked the Minister of Health if he is aware that, owing to the shortage of workmen's dwellings in the Littlebourne district of Kent, a number of married ex-service men are unable to take advantage of employment offered them in the locality; and whether, in view of the fact that the buildings on the Bekesbourne aerodrome in the neighbourhood are derelict and deteriorating, he will make arrangements with the Air Ministry for acquiring these buildings and converting them into workmen's dwellings, temporarily if not permanently, and letting them to ex-service men at a fair rent?

I am having inquiries made, and will communicate further with the hon. Member on the subject of this question.

UNEMPLOYMENT.

asked the President of the Board of Trade if his attention has been called to statements that have been made in the Press and upon public platforms charging the Government with being responsible in some way or other for the present unemployment, and blaming them for not providing work for the unemployed; if, seeing that our national existence depends upon our being able to sell our manufactured goods in the markets of the world in competition with similar goods of other nations, he will state what means, if any, the Government have of compelling the people in other countries to buy our goods if they do not wish to, either on the ground that our prices are too high or for other reasons; if the Government are able to give employment to one section of the community without taking it from another; and whether his Department know of any other remedy for unemployment except the establishment of cooperation between the organisers of industry and labour organisations and the encouragement of industrial enterprise?

The subjects raised by my hon. Friend cannot be satisfactorily dealt with by question and answer, I have seen statements such as those referred to. It is evident that the Government have no means of compelling foreign consumers to buy British goods. I entirely agree with my hon. Friend as to the vital necessity of co-operation in every branch of industry.

GERMAN REPARATION (RECOVERY) ACT.

asked the President of the Board of Trade (1) whether the Reparations Act will apply to the German stocks already in this country but unsold;

(2) whether the 50 per cent. under the Reparation Act will apply to goods bought by merchants in this country from a German firm for shipment from a German port to a foreign port not belonging to England?

The German Reparation (Recovery) Act applies only to goods imported into the United Kingdom after 31st March. It does not apply to goods financed in the United Kingdom and shipped from Germany to a foreign country, either direct or after transit through or transhipment in this country.

TRADE BOARDS ACT.

asked the Minister of Labour whether his attention has been drawn to the communications that were forwarded to the Ministry regarding the non-payment of rates of wages laid down by the Rope, Twine, and Net Trade Board by a firm in Bridport, resulting in at least two visits and inquiries by inspectors of the board during the months of August and December, 1920; whether he is aware that no replies have been received regarding these communications; and whether, in view of the proved evasion of the Trade Boards Act by firms who are paying less than the wage fixed by the Trade Board, immediate and effective steps can be taken to enforce compliance with the said Act, and thus remove an unjustifiable handicap upon competing firms who conform to the law by paying the rate of wage fixed by the Trade Board?

Complaints have been made to the Department with respect to a firm at Bridport, and visits of inquiry were paid by inspectors in the months mentioned. It is true that no written reply to the communications has been made, but the correspondents in question have been interviewed. The reason for the delay in the case has been the difficulty of determining precisely the liability of the firm under the Trade Boards Acts. Steps have, however, been taken to obtain the payment to the workers concerned of arrears of wages due to them, and to ensure that in future the wages paid reach the statutory minimum.

asked the Minister of Labour how many trade boards have been set up to deal with various sections of the making-up and distributive trades; and whether he will consider the expediency of substituting one single trade board for the whole industry in order to effect economy and to avoid continual variation in rates of wages?

Trade boards have been established for the following making-up trades:— Made-up textiles, Ready-made and wholesale bespoke tailoring, Retail bespoke tailoring, Wholesale mantle and costume, Dressmaking and women's light clothing, Hat, cap and millinery, Fur, Corset, Shirtmaking, Linen and cotton handkerchief and household goods, 294 and for the following distributive trades: Milk, Grocery and provisions.

The scope of these trade boards was settled in consultation with the employers' and workers' organisation concerned, and is in accordance with the provision of the Trade Boards Acts. I have no power to establish one trade board to cover groups of separate trades collectively. Even if it were possible to constitute a single trade board for all the trades concerned, this would not, I think, result in economy. As to the variation of rates, it is desirable that the system should be sufficiently elastic to permit the changing of rates to meet the circumstances of the trades concerned, and the Acts provide safeguards against too frequent variations. I may add that it is being represented to me by employers that under present conditions the Acts do not provide sufficient freedom in respect of the variation of the rates. I am examining that point.

asked the Minister of Labour whether he agreed more than 12 months ago to the formation of a trade board for the hair-dressing trade; if so, will he explain the delay in having the board established; whether it is due in any way to opposition on the part of a section of the employers; and whether there is any prospect of the board being established in the immediate future?

I would refer my hon. Friend to the reply I gave on the 21st of March to the hon. Member for Kilmarnock (Mr. A. Shaw), of which I am sending him a copy. I would add that representations have been made to me that separate trade boards should be established for England and Wales and for Scotland, and I am awaiting the result of discussions on this subject between representatives of the trade in England and Scotland.

PROPORTIONAL REPRESENTATION.

asked the Prime Minister if he is aware that certain Members of this honourable House only represent a minority of their constituents, owing to the fact that more than two candidates contested their seats at the last election; and if, in the interests of democracy and just and equal representation, the Government propose to introduce legislation before the next General Election to deal with this anomalous and undemocratic situation?

I would refer my hon. Friend to the reply which I gave yesterday in answer to a question by the hon. Member for Lambeth North (Mr. Briant). This result occasionally arises under any system of political representation. The Government have no present intention of introducing fresh legislation in relation to our electoral system.

CIGARS (AD VALOEEM DUTY).

asked the Chancellor of the Exchequer if he will consider the advisability of reducing the duty on imported cigars at as early a date as possible to prevent the extinction of this branch of the tobacco trade?

I have nothing to add to the reply which my right hon. Friend the Chancellor of the Exchequer gave on the 8th March on this subject.