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Commons Chamber

Volume 146: debated on Monday 15 August 1921

House of Commons

Monday, August 15, 1921

The House met at a Quarter before Three of the Clock, Mr. SPEAKER in the Chair.

Private Business

Batley Corporation Bill,

Lords Amendments to be considered To-morrow.

Adamson's Divorce Bill [ Lords,

Hamilton's Divorce Bill [Lords],

Rhymney and Aber Valleys Gas and Water Bill ( Lords ),

Read the Third time, and passed, without Amendment.

Ministry of Health Provisional Order (Barnsley Extension) Bill,

Lords Amendments considered, and agreed to.

Dumbarton Burgh (Water) Order Confirmation Bill,

North British Railway (Burntisland Harbour Transfer) Order Confirmation Bill,

Stirlingshire and Falkirk Water Order Confirmation Bill,

Read the Third time, and passed.

Airdrie and Coatbridge Tramways Trust Order Confirmation Bill,

Considered; to be read the Third time To-morrow.

Grangemouth and Stirling Order Confirmation Bill,

"to confirm a Provisional Order under the Private Legislation Procedure (Scotland) Act, 1899, relating to Grangemouth and Stirling Water," presented by Mr. MUNRO; and ordered (under Section 7 of the Act) to be considered To-morrow.

Oral Answers to Questions

Questions

Hungary (British Commissioners)

asked the Under-Secretary of State for Foreign Affairs how many British missions there are at the present moment in Hungary; and upon which country the expense falls?

Apart from His Majesty's Legation, there is no purely British mission in Hungary. There are, however, British sections of the Allied Military, Naval and Aeronautical Commissions of Control. The expenses of these Commissions fall on' Hungary. There are also British members on each of the four Boundary Commissions which are, or very shortly will be, at work on the various frontiers. The expenses in this case are borne in equal 'shares by Hungary and the neighbouring State concerned.

League of Nations

Ex-German African Colonies (Mandates)

asked the Undersecretary of State for Foreign Affairs for what purpose draft mandates for the ex-German African colonies prepared by the Supreme Council are, after communication to and approval by the American Government, laid before the Council of the League of Nations, in view of the fact that the Government of the United States of America does not recognise the League and the League is powerless to alter decisions at which that Government and the Supreme Council have arrived?

The responsibility for ascertaining that the terms of the draft mandates conform to the prescriptions of Article 22 of the Covenant devolves upon the Council of the League, and this responsibility is not affected by the attitude of the United States Government towards the League of Nations.

May I ask whether it is a fact, in the case stated, that the League of Nations can perform any function but that of fifth wheel of a coach?

It has most important functions, and I am sure it will discharge them to the satisfaction of everyone concerned.

asked the Tinder-Secretary of State for Foreign Affairs whether the draft mandates for the ex-German African colonies have been communicated officially by the British and French Governments to the American Government in accordance with the request of the American Government in their Note of 20th November, 1920, and of the Council of the League; and whether any replies have been received from Washington so that these drafts may be dealt with by the Council of the League it their next meeting?

His Majesty's Government are in communication with the United States Government through the American Ambassador in London on the subject of the terms of the draft mandates, but they have not yet received any statement of the views of the United States Government.

Munitions, Private Manufacture

asked the Prime Minister whether, seeing that Article 8 of the Covenant of the, League of Nations declares that the manufacture by private enterprise of munitions and implements of war is open to grave objections, and provides that the Council of the League shall advise how the evil effects attendant upon such manufacture can be prevented, he will say what action the Council has taken towards carrying out its obligation; and whether His Majesty's Government will instruct their representative on the League to see that a solution of this very urgent matter is hastened?

The Minister for Education will answer this question.

May I have an answer from the Prime Minister, as this concerns the policy of the Government?

The Minister for Education is one of the representatives on the League of Nations. However, I think I can give my hon. Friend an answer. The problem of the private manufacture of munitions and implements of war by private enterprise is being dealt with by the Temporary Mixed Commission on the Reduction of Armaments, which was appointed by the Council in pursuance of a resolution passed at the First Session of the Assembly. At a meeting of the Commission held last month, a proposal that the problem should be the object of a special international conference was referred to a Sub-Commission. A statement on the Sub-Commission's deliberations will be submitted to the Commission at a meeting to be held in September. I can assure the hon. Member that the matter will be dealt with as expeditiously as its inherent difficulties will permit.

Assembly Meetings, Geneva

asked the Prime Minister who is to represent Canada, Australia, New Zealand, the Union of South Africa, and India, at the forthcoming meetings of the Assembly of the League of Nations at Geneva next month?

I am not at present in a position to announce the representatives appointed by the Dominion of Canada and the Commonwealth of Australia.

Upper Silesia

asked the Prime Minister whether, in view of the divergence of view between Great Britain, Italy, and Japan on the one hand and France on the other, on the division of Upper Silesia, the problem has been referred to the League of Nations; if so, whether to the Assembly or the Council of the League; and, if the latter, whether a special meeting of the Council will be summoned forthwith to deal with the matter, or whether it will be dealt with at Geneva when the Assembly is sitting?

The answer is in the affirmative. The Council of the League of Nations has been invited to express its opinion as to the frontier line which the principal Allied and Associated Powers should lay down. In view of the situation in Upper Silesia, the Council has been requested to treat the matter as one of great urgency, and I understand that the question of holding a special meeting in the near future is now being considered by the League.

Will the Council invite representatives of Poland and Germany to be present to submit the case, or are all the facts put before the Supreme That is entirely a matter at the discretion of the Council of the League.

We cannot prescribe to the League its method of procedure, but I have no doubt at all that full opportunity will be given for the presentment of the case by all interested. That is entirely a matter at the discretion of the Council of the League.

Government Staffs and Offices

Board of Trade

asked the President of the Board of Trade why the cost of messengers in the principal department has increased from —3,457 last year to —4,612 this year?

This increased cost is accounted for by (1) a slight improvement in the scale of pay of unestablished male messengers—the improvement being common to the whole Civil Service; (2) the substitution of boy messengers by ex-service men, most of whom are disabled; and (3) an increase of six in the number of messengers employed.

Is not the increase partly due to the fact that the officers of the extinguished Food Ministry are also to be transferred to the Board of Trade?

No; the increase of six is due to the institution of a more rigorous system requiring passes before entering the buildings.

asked the President of the Board of Trade why the temporary staff in the principal Department employed in clerical assistance and copying has increased from 54 in 1914 to 450 this year?

The figures quoted by my hon. Friend are not comparable. In addition to the staff of 54 shown in the Estimates for 1914–15, other temporary clerical assistance was included under other items. The duties of the Board of Trade in 1914 and now differ considerably, and many of the temporary staff now employed are engaged in winding up war activities.

Are these being trained in view of the Safeguarding of Industries Bill becoming law?

Can the hon. Gentleman give any indication as to when these temporary persons will be dismissed?

They are progressively being released as the process of liquidation continues.

Can the hon. Gentleman give any more precise indication when these temporary officials will be dismissed?

It is very difficult to do that, because the liquidation depends on the capacity of the Market to absorb the stocks.

Ministry of Agriculture

asked the Minister of Agriculture whether the Ministry of Agriculture and Fisheries Act, 1919, was passed for the purpose of providing the machinery necessary for the execution of the Government's agricultural policy, which was subsequently embodied in the Agriculture Act, 1920; how many persons were appointed by the Ministry or local authorities in consequence of the passing of the first-named Act; and how many of them have been dismissed by reason of the cancellation of that policy by the Corn Production Acts (Repeal) Act?

The Ministry of Agriculture and Fisheries Act, 1919, was passed in order to secure the better organisation of the agricultural industry, and to provide a means of bringing the Ministry into closer touch with practical agricultural opinion throughout the country. The organisations set up by the Act will, therefore, continue to be of great value.

Apart from the appointment of a Secretary of the Councils of Agriculture and of the Agricultural Advisory Committee, no fresh appointments were made as a result of the Act, but, as previously stated, the Corn Production Acts (Repeal) Bill will result in a substantial reduction of staff, and notice has already been given to 97 persons on the staff of the Ministry.

Questions

British Empire Exhibition

asked the President of the Board of Trade whether the Government have yet made any grant of money or given any financial promise to the British Empire Exhibition for 1923; if so, what amount, and the total financial liability his Department is responsible for; whether his Department or the Government are represented on the Exhibition Committee, and, if so, by whom?

No grant of money has been made to the British Empire Exhibition, but, in accordance with the provisions of the British Empire Exhibition (Guarantee) Act, 1920, His Majesty's Government have undertaken to participate in the guarantee fund to the extent of —100,000, subject to the conditions prescribed in the Act. The Board of Trade are represented on the Executive Council by the Director of Exhibitions Division of the Department of Overseas Trade, and the Colonial Office and India Office have also representatives.

Is the officer to whom the hon. Gentleman has referred in the pay of the Board of Trade, or is he going to be paid by the Exhibition Committee? Is it not a question of £5,000 a year?

No. The representative of the Board of Trade is a permanent officer of the Board of Trade, and he is receiving no increase of salary by virtue of attending this Committee.

But is it not a fact that the leading spirit in this exhibition is now connected with or attached to the Board of Trade Department?

No, not at all. He has no connection whatever with the Board of Trade. He is appointed by the Council, and the Council is entirely responsible for him.

Coal Industry

Exports

asked the Secretary for Mines whether he will give the weekly exports of coal from this country since the resumption of work by the miners; how the figures compare with exports before the stoppage, pre-War, and during the War; and can he give any information as to whether we are recovering our foreign markets for coal lost during recent months?

I have been asked to reply. I am unable to furnish particulars of the weekly export of coal since the resumption of work by the miners, but according to the Customs Accounts for the month of July, 1921, the quantity of coal exported during that month was 816,300 tons. The quantity of coal exported during March, 1921, was 1,968,100 tons. The average monthly quantity of coal exported during the year 1913 was 6,116,700 tons, and the average monthly quantity during the years 1915 to 1918 was 3,096,600 tons. It is not yet possible to make any positive statement on the point raised in the last part of the question.

Fife Coal Company

asked the Minister of Labour if he is aware that a number of miners in the employment of the Fife Coal Company who left their work to undergo their annual training in the Territorial camp at Buddon have been refused re-employment by the company's manager on the completion of their period of training; whether he is aware that in the cases of Walter Wakefield, Robert McCathie, James Mearns, and George Barnet, formerly employed at Leven No. 4 Colliery, and John Wilson, formerly employed at Leven No. 1 Colliery, the definite promise that they would be re-instated has not been fulfilled; and if any steps can be taken to induce the company to adopt a more reasonable attitude towards the men mentioned and others similarly affected?

I have been asked to reply. The circumstances of this case have not been brought to the notice of the Mines Department, but inquiry is being made, and the result will be communicated to the hon. Member as soon as possible.

Transport

Week-End Tickets

asked the Minister of Transport whether he is aware that the week-end tickets issued by the railway companies before the War were available from Fridays to Tuesdays; whether the recent week-end tickets issued are only available from Saturdays to Mondays; and whether he will ask the companies to reinstate the pre War term for these tickets, and so enable them to spread the travelling load over more days, and not overcrowd the trains on Saturdays and Mondays as at present?

The conditions under which weekend tickets will be issued are matters for the railway companies, to which my right hon. Friend the Minister of Transport is sending a copy of this question and reply. When he is informed of their views, I will communicate with the hon. Member.

Platelayers

asked the Minister of Transport whether he is aware that many hundreds of platelayers are being discharged from the railways in consequence of the probability of the Railways Bill becoming law; and whether he can take such steps as will ensure the plate layers and other workmen being put in the same position as the railway directors in so far as compensation is concerned?

No, Sir. I am not aware that any platelayers are being discharged from the service of the railway companies in consequence of the probable passage into law of the Railways Bill. The provisions of the Bill with regard to compensation for loss of employment are in some respects more favourable in the case of officers and servants than in the ease of directors.

Is the hon. Member aware that last week this was put forward" as a serious proposition to this House and met with the approval of the Government, or, at least, not with their disapproval, and is he aware that there are hundreds of men being discharged as a consequence of this Bill becoming law?

No. I am quite aware that reductions in railway staffs are proceeding. These are certainly not in consequence of the Railways Bill, but in consequence of the depression in trade.

Is it a fact then that now that the railways have to find their own money, and cannot claim the country's money, they are reducing their staffs to this extent?

London Suburban Railways (Overcrowding)

asked the Minister of Transport what percentage the number of standing railway passengers using the suburban railways in the metropolitan area on an ordinary weekday bears to the total number of passengers carried; on these lines; whether he is aware that during certain hours of the day, owing to the absence of sufficient rolling stock, the suburban trains are crowded to excess, causing the utmost inconvience and hardship to those travelling; and whether this question is under consideration by his Department with a view to steps being taken to put an end to this overcrowding?

The information asked for in the first part of the question is not in my possession. My right hon. Friend is aware that in some instances overcrowding exists in suburban services during certain hours largely owing to the concentration within a shorter period of the "peak load," due to the general introduction of shorter working hours, but I know from discussions which have taken place with the railway companies concerned from time to time that they are doing all they can within economic limits to introduce measures of relief. The improvement of suburban services by the railway companies depends upon their ability to undertake the necessary expenditure, which is considerable, as it is not only a question of provision of additional rolling stock, but of increasing the capacity of the line by electrification or other means.

Will the hon. Gentleman be kind enough to reply to the last part of the question, as to whether this matter is under consideration by his Department with a view to steps being taken to put an end to this overcrowding?

It has been under constant consideration and discussion with the railway companies for two years, since the Ministry was instituted, but the finding of a remedy is one for the companies, and I am satisfied that they are doing their best in existing circumstances.

Questions

Washington Conference

asked the Prime Minister whether he will be in a position to state before the House rises the names of the British delegates selected to attend the Washington Disarmament Conference?

National Expenditure

Business Committee

asked the Prime Minister whether he can now give the names of the members of the Business Committee which is to advise the Treasury respecting the national finances?

asked the Prime Minister if it is proposed to give to the Business Committee any powers that have been refused to the Estimates Committee of this House; and, if so, on what grounds the differentiation is made?

asked the Prime Minister the terms of reference and composition of the Committee to be presided over by the Minister of Transport; whether a special staff will be required and, if so, at what cost; whether this Committee will take evidence; and whether the evidence taken by the Committee, as well as the Report, will be available for the Estimates Committee of this House?

I regret that since my return from Paris, the considera- tion of other urgent problems has prevented me from dealing with this subject, nor have I yet had an opportunity of consulting my right hon. Friend the Chancellor of the Exchequer who only returned from Paris last night, but I hope a statement can be made to-morrow, or at latest on Wednesday.

Is the right hon. Gentleman aware that, on the Consolidated Fund to-morrow, it was proposed to raise this as the first question, and, in the absence of my right hon. Friend in Paris, the Leader of the House said he would give this information, in response to a question, before the Debate took place, if this question were repeated to-morrow? Could the information be given before the Debate?

I think I shall very probably be in a position to give it to-morrow. I do not like to give an absolute guarantee, but I propose to do my very best to give an answer to-morrow. As to whether it is to be discussed, I should like a conversation with those responsible for the discussion to-morrow before that is definitely agreed, as there are one or two other topics the House might like to discuss first. However, I am in the hands of the House with regard to that.

Treasury Circular

asked the Postmaster-General whether, as he has now received and replied to the Treasury Circular of 13th May, he has been able to submit such proposals or estimates as will effect the 20 per cent. reduction in his Department as requested in the said Circular?

I would refer my hon. Friend to the answer which was given on the 2nd August to the hon. Member for Edinburgh East.

It has taken me three questions to get up to this point. May not my patience be rewarded by an answer, instead of being referred to something which says nothing?

Perhaps this is a question which ought not to have appeared on the Paper.

On a point of Order, Mr. Speaker. It was in consequence of your ruling, Sir, that the question appears on the Paper in the form it does.

On a point of Order. May we not come to some conclusion on this? My hon. Friend behind me and several others have tried to get this information. We have been referred continually to another Minister. We had a promise that a discussion might take place on the Consolidated Fund Bill. Since then other subjects have arisen which may make it entirely impossible to discuss this matter to-morrow or the next day. Are we not, as private Members, entitled to get information for which we ask from Ministers if the information asked for is reasonable?

I do not control the information given by Ministers to Members. All I have to do is to call the questions.

You, yourself, Mr. Speaker, have said to-day that this question should not have appeared on the Paper. What we want to know is which Ministers of the Crown in their several Departments have made those reductions. We cannot get that information. The information has been in the hands of the Financial Secretary since the 31st July, and I submit that we are entitled to get this information in the form of a question and answer.

I have already said that I do not control the information given by Ministers of the Crown. My point is that this and similar questions have been frequently put down, and if the answers are not satisfactory I am not responsible for that.

If Membere of this House are not in a position to get answers from the Government, is it not within their power to put down a Vote of Censure on the Government?

Ministees' Salaeies

asked the Prime Minister whether any official proposals have been made for a proportionate and general reduction of Ministerial and Members' salaries in the interest of economy; and, if so, whether there is any chance of their being adopted?

It is proposed during the Recess to have a general overhauling of the expenditure of the country, and no doubt all salaries will be passed in review.

Russia

Famine (International Commission)

asked the Prime Minister what further steps have been taken by His Majesty's Government to ascertain how and whether help can be given to the famine-stricken areas of South Russia; whether this matter was discussed at the meeting of the Supreme Council; if so, with what result; and what was. and is, the attitude of His Majesty's Government to this matter?

The matter was discussed by the Supreme Council, which decided that an International Commission should be set up at once to study the possibility of giving immediate assistance to the starving peoples of Russia. The representatives of Great Britain on this Commission will be appointed without delay.

Will the Government give its attention to the poverty-stricken people of Hackney Wick and other poor districts?

Certainly. There are very substantial grants given for unemployment—the most substantial grants in the world.

Who is to supply the funds for the relief? It is no use having a Commission unless there are funds.

I do not quite agree with my hon. and gallant Friend there. I think there is a good deal to be done in another way. However, we have not committed the House of Commons to any fund at the present moment.

Before the House adjourns, shall we have an opportunity of discussing whether public funds will be used?

Certainly. There will be an opportunity to-morrow and on Wednesday.

M. Lenin

asked the Prime Minister if he has information with regard to the statement that Lenin is coming to this country; and does he propose to allow this to take place or to have any dealings, official or otherwise, With this man?

The report mentioned has been contradicted in the Russian official wireless press, and we never heard anything of it. The second part of the question, therefore, does not yet arise.

Questions

Greece and Turkey

asked the Prime Minister whether any British firm of armament makers has been permitted to furnish, or has furnished, the Greeks with munitions since the last conference of the Greek and Turkish Governments in London; if so, which firm or firms has carried on this traffic; whether any British firm or firms has been or is supplying munitions to the Turks and, if so, which firm or firms: and whether British firms will be permitted to sell or supply arms to the Turkish forces defending their homelands against the Greeks, as well as to the invaders?

His Majesty's Government have no control over the export of arms and ammunition from this country, except that provided by the Orders in Council of 24th March, 1921, which entitle His Majesty's Government to refuse licences for the export of certain arms and ammunition and similar goods. The full list was published in the "Board of Trade Journal" of 31st March, 1921. No Licences have been issued for Greece or Turkey for any articles on this list since January last. The answer to the last part of the question is in the affirmative. I am not prepared, however, to accept the hon. and gallant Member's description of the roles and of the respective belligerents.

Are we to understand, then, that licences are now going to be granted for the traffic in arms from this country to both Turkey and Greece?

But are we going to issue licences now for the traffic in arms to Greece and Turkey?

Does that mean that we are going to permit this scandalous traffic in arms?

asked the Secretary of State for India if he is aware that there is considerable anxiety in India at the present moment due to the belief that Great Britain is not maintaining her pledged neutrality in the Turco-Greek war; and whether he will consider the advisability of publishing the Prime Minister's recent asservations of neutrality and his past pledges with regard to the homelands of the Turks, in India?

The answer to the first part of the question is in the affirmative. All statements in the matter have already very wide publicity in India.

Comptroller and Auditor-General (Salary)

asked the Prime Minister whether any sum, additional to the —2,000 a year charged by Statute on the Consolidated Fund, has, either by way of salary or bonus, been paid since March, 1920, or earlier date, by His Majesty's Government to the Comptroller and Auditor-General?

Yes, Sir. As from 1st January, 1919, bonus was paid to the Comptroller and Auditor-General out of the sum taken for bonus on the Vote for the Exchequer and Audit Department, the fact being set out in a note to the Appropriation Account for 1919–20 and in a footnote on the Estimates for 1920–21, as is the prescribed course in such cases. As from 1st March, 1920, the salary of the Comptroller and Auditor-General was increased to —3,000 as part of the scheme of revision of the salaries of the permanent heads of first-class Departments.

The hon. Member will find that in the first part of the answer I have given.

May I ask the Prime Minister to whom this question was originally addressed, whether he is not aware that this is a matter of vital concern to the purity of administration, and to the House of Commons control over finance; and, if so, whether he does not think that the House of Commons should be consulted before this additional salary is either paid or promised?

If my hon. Friend will accept an answer from me, as I was the Minister responsible at the time the decision to pay the salary was taken, and, as I am now responsible for the conduct of the business of the House, there is a certain suitability in my replying, I do think that it would have been desirable that this matter should have been brought before the Blouse of Commons at an earlier date, and I am sorry I did not find an opportunity of doing so, but I acted on the assumption that the House of Commons would not wish the position of their officer, in comparison with the other officials of the Government, in regard to which the House and the Government have full discretion, to be worse, and I thought that the House would have resented if the Government did not extend to the officers of the House the benefits which were accorded to similar officials serving directly under the Government.

May I ask the Leader of the House whether it is not precisely because this officer was a servant of the House of Commons, and not a servant of the Executive, that it was desirable to differentiate?

Well, that is a matter for argument; but what I had in my mind was that if we did not pay the same salary to an officer of the House it might have been said he had been ill-treated because he was an officer of the House and because he was not under our control.

India

Opium (Export)

asked the Secretary of State for India what steps the Government of India propose to take regarding the export of opium from India, owing to the failure of the Chinese Government to carry out her undertaking to put down the cultivation of opium in China?

As the Chinese Government prohibited the import of opium into China in 1919, the Government of India are bound under The Hague Convention to prevent its export to China.

Govkenment Officials (Passages)

asked the Secretary of State for India if he can now state the result of his communication with the Government of India with regard to the cheapening of the cost of passages of Government officials to and from India?

I am not at the moment in a position to make an announcement, as the matter is still under discussion.

Army (Establishment)

asked the Secretary of State for India if he will publish as a White Paper the proposals submitted by the Commander-in-Chief in India for the establishment and number of units of the Indian Army to be maintained in India based on the detailed examination of what is required for the defence of India?

I am afraid it is not clear to me what proposals my hon. and gallant Friend has in mind.

Is it not the fact that certain reductions have taken place, and are taking place, and are these facts going to be brought before the House?

Reductions have taken place in accordance with the statement I made to the House last February.

Is it contemplated that any further reductions will take place, and is the Defence Committee reconsidering these reductions from the point of view of the strategical needs of the Empire as a whole?

Will the right hon. Gentleman refer to his previous reply to me, where he spoke of "The proposals submitted by the Commander-in-Chief in India"? Will he publish that?

I do not know what my hon. and gallant Friend means by proposals submitted by the Commander-in-Chief in India. The reductions sanctioned already were reductions sanctioned on the proposals of the Government of India in which the Commander-in-Chief concurred. What further proposals my hon. and gallant Friend has in mind I do not know.

Will the right hon. Gentleman say whether it is not the fact that proposals have been submitted, or are in course of being submitted, for a reduction of the British Army in India by several units of infantry and some of cavalry?

I understand that there has been a Committee sitting at Simla on the future of the Army in India, but no action will be taken on that, or nothing done in regard to it, until the whole matter has been considered by the Committee of Imperial Defence.

Will the right hon. Gentleman give an undertaking that no further reductions will take place in India until this House has had the opportunity of saying something?

That is, I think, for the Leader of the House to say. No further reductions will be sanctioned to those already sanctioned until the Committee of Imperial Defence has reported.

In view of the fact that the matter has been referred to the Leader of the House, can we be informed by the right hon. Gentleman that no action will be taken in relation to the further reduction of the Army in India until the House meets again?

I am sorry I did not hear what the hon. and gallant Gentleman said. I was discussing the business with my right hon. Friend, and did not hear the questions and answers. If the hon. and gallant Gentleman will put a question on the Paper, I will be glad to answer it.

Munitions Department

asked the Secretary of State for India whether he has received any reply to the telegram sent by him to India with reference to the withdrawal of the proceedings instituted against two native merchants in the Chief Magistrate's Court for extensive frauds against the Munitions Department; and, if so, what is the nature of such reply?

I understand that telegraphic reports have reached the India Office, and are at the moment being deciphered. I have not yet seen the complete text.

If I can, I will circulate the telegrams in the OFFICIAL RBPOET to-night. If not, I hope to be in position to answer the question to-morrow.

Unemployment

Appeals, Pontypool

asked the Minister of Labour if he is aware that Arthur Stanley Edwards and others, from Cwmbran (Monmouthshire), made an application to appear before the rota committee at Pontypool in connection with their unemployment insurance; that the men have not yet been heard although the appeal forms have been forwarded; and whether he will have inquiries made into the matter?

Inquiry is being made regarding the matter raised in this question. I will communicate the result to my hon. Friend.

Domestic Servants

asked the Minister of Labour if he will furnish a Return showing the number of women drawing unemployment pay who were employed as domestic servants prior to the War; and whether he will issue definite instructions that all such women who refuse employment as domestic servants should be notified that they can no longer receive unemployment pay?

Those engaged in domestic service before the War are not entitled to benefit unless they have also been engaged in insurable occupations such as munitions. It would not be possible without considerable expense to give such a Return as my Friend asks for. In reply to the last part of the question, constant attention is paid to the possibility of offering domestic service vacancies to applicants on the register. The local employment committees have formed special registers of women who, irrespective of their last previous employment, may reasonably be regarded as suitable for private domestic service; they are offered suitable vacancies, and in the event of refusal benefit is liable to be suspended.

Is the hon. Gentleman aware that advisory committees have framed conditions of service which make it quite impossible for any one requiring a domestic servant to obtain one?

The whole question of the advisory committee regulations was gone into recently by question and answer. These regulations only deal with juveniles up to 18 years of age, and are of a purely voluntary character. They really do not affect the question of unemployment for the purposes of the Insurance Act.

Have not advisory committees recommended domestic servants not to accept service where they have to stay in at night, and only to give day service?

I am not aware of that. I have perused many of these regulations, and have found nothing of that character. If my hon. Friend can bring any such cases to my notice I shall be glad to inquire into them.

Is the hon. Gentleman aware that some women have refused to go into the service of some Members of this House on any considerations whatever?

Royal Navy

War Disabilities (Hospital Oases)

asked the Parliamentary Secretary to the Admiralty how many naval men are still in hospital suffering from disabilities due to the War?

The number of serving naval men who are suffering from disabilities due to the War and still under treatment in hospital is 18. In addition, there are five naval men in naval hospitals who have been discharged from the Navy and are in receipt of pensions from the Ministry of Pensions. There are also 113 naval men under treatment in the Royal Naval Hospital, Great Yarmouth, suffering from disabilities due to the War. This does not include naval men still being treated under Ministry of Pensions in hospitals other than naval.

"Hood" Class (Contracts)

asked the Parliamentary Secretary to the Admiralty if he will give the names of the firms who had contracts for building the sister ships to the "Hood"?

The contracts were placed with the following firms: Sir W. G. Armstrong, Whitworth and Company, Limited; Messrs. Cammell, Laird and Company, Limited; the Fairfield Shipbuilding and Engineering Company, Limited.

Signal School, Portsmouth (Women Clerks)

asked the Parliamentary Secretary to the Admiralty whether he is aware that, although the minimum scale of wages of the National Union of Clerks for adult workers is £3 10s. per week, the women clerks employed in the Royal Naval Signal School at Portsmouth are paid at the rate of 50s. a week, rising by Is. per week per annum to 55s. a week, inclusive of bonus; and whether he will consider the advisability of increasing these wages to the trade union rate?

The scale at present paid applies to all temporary adult women employés in all Government industrial establishments. It was last revised as the result of an agreement between the official side and the staff side of the National Whitley Council on 29th November, 1920, with effect from 1st July 1920, and no reason is seen for altering the agreement then arrived at.

Post Office

Parcels, Russia

asked the Postmaster-General why the Post Office is refusing to accept parcels for transmission to Russia; if he is aware that many persons in this country with relatives in the famine-stricken areas of Russia are willing to send food parcels to those relatives; and whether he will consider removing the restriction?

asked the Postmaster-General why the chief postmaster at the Isle of Wight refuses to accept parcels for Russia?

It has not yet been possible to arrange for the conveyance of parcel mails to Russia either by sea direct or through contiguous countries. The position is being closely watched, and no opportunity of instituting a parcel post to Russia will be overlooked.

Is the right hon. Gentleman aware that there are a number of people in this country who have relatives in Russia, and can he give any reason why his right hon Friend is not willing that parcels of this kind should go to the relatives in Russia—

Yes, I can. The reason is that there is no possibility of sending parcels by post to Russia. When M. Krassin was over here he agreed that a parcels post should be instituted. But at present there are no ships going to Petrograd, and there are mines in the harbour. No country in Europe is at present sending parcels to Russia.

Do we understand that the difficulties are purely physical? Is the right hon. Gen- tleman aware that sixteen ships went last month to Petrograd, and that the channel is now quite clear?

Cieculaes Posted Abroad

asked the Postmaster-General if his attention has been directed to statements that English firms are able to post circulars in France and Belgium for delivery in England at about half the charge for postage made in this country; and if he will state what loss of revenue is incurred by his Department undertaking the distribution of these circulars, seeing that the British Post Office obtains only a proportion of one-half of its ordinary charges?

I beg to refer the hon. Member to the answers given on this question by my right hon. Friend on the 19th July and 2nd August, copies of which I will forward to him.

Temporary Sorters

asked the Postmaster-General if he is aware that extemporary sorters, whose examination for established berths take place in September, are, or should be, men who were either physically or medically unfit for the Army or over age; and whether medical examination of successful candidates will be less strict than hitherto, in view of special circumstances?

The question of medical examination is one for the Civil Service Commissioners, who are aware of the circumstances in which the competition is being held.

Trade and Commerce

Currency and Foreign Exchanges

asked the Prime Minister whether he has taken into consideration a communication, dated 12th July, which was addressed to him by the president of the Federation of British Industries, on the subject of the currency policy of this country, and which embodied a resolution adopted by the credits and currency committee of the federation; whether he will appoint a Commission, as indicated in the resolution, with terms of reference similar to those of the Committee on Currency and Foreign Exchanges after the War, which was presided over by the late Lord Cunliffe; and whether, in the appointment of the suggested Commission, he will extend invitations, not only to representatives of industry and commerce, but also to representatives of labour, so that the effect of currency policy upon trade and employment may be fully considered?

The answer to the first part of the question is in the affirmative. In regard to the rest of the question, I would refer my hon. Friend to the answer given on the 26th July to a question by my hon. Friend the Member for Ilford.

Ships (Depreciation of Value)

asked the Chancellor of the Exchequer, whether the Government intends to abide by the pledges given to those who built ships during the War; and whether, seeing that the true legal position as regards the special allowances for depreciation of value was set out in the circular prepared by the Board of Inland Revenue and circulated by the Ministry of Shipping on the 25th May, 1917, he can state on whose authority an attempt is being made, in apparent defiance of the law, to deduct from the special allowances as set out in the above circular certain accretions of capital arising through the insurance of lost ships.

The matter is one, in the first place, for the Board of Inland Revenue (subject to an appeal to the Board of Referees) and the Board of Inland Revenue take the view, a view from which I see no reason to dissent, that in cases where an appreciation in value of a ship has been realised by the recovery of insurance moneys based on the increased value, the realised appreciation is a factor which should properly be taken into consideration in connection with a claim for allowance in respect of exceptional depreciation of other vessels. I cannot agree with my hon. Friend's suggestion that this view in any way violates either the provisions of the law or the terms of any undertaking given by the Board of Inland Revenue.

Is my hon. Friend aware that the policy in question differentiates very unfairly between shipowners who ordered ships during the War and those who declined to take the risk of ordering them during that period?

I am aware that that contention has been advanced, but I made a reply to it in the Debate on the Finance Bill, when the matter was fully discussed.

Shipping Rates, South America

asked the President of the Board of Trade if his attention has been drawn to the difference between English and Continental shipping rates on goods to South America; and if, seeing that the shipping combine charges —5 per ton from English ports while similar goods are carried from Antwerp to the same destinations for 65 francs, and that such a handicap will either kill British trade or force British traders to ship via Antwerp to the great loss of British shipping, he will look into the matter?

The answer to the first part of the question is in the affirmative, but my attention has not previously been called to the particular rates mentioned in the second part. This matter has already been taken up by the Board of Trade with the British shipping companies, who state that the low Continental rates must be unremunerative, and that their own rates cannot in general be further reduced at present, owing to heavy operating expenses. The Board of Trade have no power to control freight rates, but if my hon. Friend would care to give me particulars of any specific cases in which he considers British trade interests are being imperilled I shall be happy to give them further consideration.

Housing

Regional Survey Committee (South Wales)

asked the Minister of Health whether and when it is proposed to publish the Report of the South Wales Regional Survey Committee set up by the ex-Minister of Health; and whether, if publication is not proposed, he will give his reasons?

An abridged version of the Report of this Committee will be published shortly.

Bridgwater

asked the Minister of Health whether he is aware that in Bridgwater, through the failure of the local authority to promote and commence operations on a housing scheme, many workmen in the building trades have had to go elsewhere for employment, and many still living in the town are working short time: and whether, in view of the present housing shortage, he will make representations to the local authority on this matter?

The case of Bridgwater will be considered in connection with the needs of other places, and all relevant circumstances will be taken into account.

Questions

Census

asked the Minister of Health if he can state the total cost of the recent Census; and when he expects to be able to publish the results?

The estimated cost of the Census in England, Scotland and Wales is —500,000. The actual expenditure cannot be ascertained until the completion of the reports, but it is not anticipated that the estimate will be exceeded. The Registrar-General's preliminary report, with the population figures for counties, boroughs, urban and rural districts, and Parliamentary areas, is now in the hands of the printer, and will be published in about a week's time. The further reports, which will be issued from time to time, will, it is expected, be completed in about two years.

Ex-Service Men

Pensions (Dependants' Allowances)

asked the Minister of Pensions if he can state the number of cases in which applications for allowances have been made by dependants of ex-service men who have developed, since demobilisation, fatal maladies; the number of applications approved and the number rejected; and the general instructions given by the Department to the tribunals dealing with such cases?

The group of applications referred to are not separately classified in our records, and I am therefore unable to give the information re- quired without an unjustifiable expenditure of public money. The instructions issued to the branch of the Ministry which considers applications by dependants are designed to secure that no claim shall be rejected if the conditions of entitlement laid down in the-Royal Warrant are fulfilled. I may add, for the information of my hon. Friend, that the expenditure falling on the Vote of this Ministry for pensions to parents and other dependants (exclusive of widows and children) amounted last year to over —9,200,000.

Post Office Savings Bank

asked the Minister of Labour whether he is aware that, notwithstanding paragraph 13 of the third interim Lytton Report, there are at the present time employed at the Post Office Savings Bank Department at Blyth Road, West Kensington, 1,195 non-service women and 10 non-service men as against only 282 ex-service men under temporary appointments; that the heads of this and other Departments have in practice deliberately declined to act upon the recommendation of the Lytton third interim Report or to carry out the expressed intention of Parliament with regard to precedence being given to ex-service men; and whether, seeing that such action tends to largely increase the at present large pool of redundant ex-service men clerks which have to be dealt with at the Joint Substitution Board, which was declared was most undesirable by the Lytton Report above mentioned, he will, in conjunction with the Ministerial heads, endeavour to induce the permanent heads of Departments to carry out the decisions of Parliament in favour of the preference of ex-service men?

I have been asked to answer this question. In the Post Office Savings Bank Department, 1,250 temporary women are employed, but of these 22 are ex-service, and 173 have qualified for permanent posts. Of the temporary men employed only seven are non-service. Most of the women are employed on work recognised as women's work, and cannot be replaced by men, while those who are not so employed are to be displaced by permanent officers as soon as these become available from the recent special competition. No discharges of ex-service men are taking place from this Depart- ment, and preference for retention will be given to ex-service men if and when discharges become necessary.

DEPENDANTS (Poor LAW RELIEF)

asked the Minister of Health the present number of unpen-sioned widows and children of ex-service men either in Poor Law institutions or in receipt of Poor Law relief?

I regret that I have no information as to the number of such cases.

British Army

Territorial Service Bounty (A. G. Bowley)

asked the Secretary of State for War why the bonus of —5 in respect of each year of his Territorial service has not been paid to the mother of the late Gunner Arthur George Bowley, Royal Field Artillery, though the officer in charge of the Royal Field Artillery records certified on 24th June, 1920, that the mother was eligible for the award, and frequent attention has been directed to the claim by the Andover War Pensions Committee?

The bounty earned by the deceased soldier was £15, but it is not known whether any payment was made in India on the soldier commencing his extended period of service, and his account, which was finally closed in India, does not give credit for any unpaid balance. Correspondence with India is still proceeding, and settlement will be specially expedited.

Lumps Fort

asked the Secretary of State for War if there is any intentionof selling Lumps Fort, or if it is proposed to build officers' quarters on that site; and if he is aware that loads of timber and cement are being taken to this fort which gives the appearance of building operations in the near future?

There is no intention of selling Lumps Fort. Two officers' quarters are now being constructed on that site.

Questions

Tramcars and Omnibuses (Excess Passengers)

asked the Secretary of State for the Home Department whether the Commissioner of Police has issued instructions that the present practice under which passengers are allowed to stand inside tramcars and omnibuses is to stop at an early date; whether the Ministry of Transport has been consulted on the matter; whether, if this Order is enforced, it is likely that serious hardship will be caused to the public during the rush hours of the day owing to the shortage of vehicles available; whether a similar course is proposed to be adopted on suburban railways in the Metropolitan area; and, if not, will he consider whether steps can be taken to ensure that this question shall be dealt with on the same lines as regards all means of suburban locomotion?

The answer to the first part of the question is in the affirmative. Tram-car and omnibus authorities in the Metropolitan police district have been notified by the Commissioner of Police that the statutory provisions as to excess passengers, which have not been enforced during the War, must be complied with as from the 1st October, and after that date no excess passengers will be allowed to stand inside tramcars and omnibuses. The Commissioner is satisfied that sufficient tramcars and omnibuses are now available to be brought into service to meet the requirements of the public even during the rush hours. It was not thought necessary to consult the Ministry of Transport, who are not concerned in this question. The question of overcrowding in suburban railways is a different matter governed by separate statutory provisions, and I would suggest that my hon. and gallant Friend should address the latter part of his question to my right hon. Friend the Minister of Transport.

Is the hon. Gentleman aware that the reply from the Minister of Transport was only received to-day to the effect that the overcrowding in suburban trains is still continuing, and if this practice is to continue in suburban trains, why are not the same facilities to be given in the case of the trams and omnibuses to the people who wish to get home from their work?

Is the hon. and gallant Gentleman aware that great hardship will be inflicted on thousands of people who have to work for their lining in London in their effort to get home when it is raining?

The question and the supplementary questions are quite separate. I have referred the hon. and gallant Gentleman in respect of one part of the question to the Minister of Transport. As to the other part of the question, the Commissioner of Police is satisfied that there will be plenty of transport to carry the people even during the rush hours.

Does the hon. Gentleman recognise the hardship that will be inflicted on these poor people during the winter months, because certain Government Departments say that people must not be allowed to stand in an omnibus or in a tramcar?

Will the hon. Gentleman consult the people who are in the habit of travelling by tramcars and omnibuses before enforcing this Order, and not only those who travel by motor-cars and other things?

Will the hon. Gentleman consult the Chief Whip of his party before insisting upon this Order, which does not allow people to travel standing up?

I do not think that this question has anything to do with the Chief Whip. We have not only consulted the people who have to stand, but we do the same thing ourselves. The Commissioner of Police says that he is satisfied that there is no necessity for continuing the suspension of the rule after 30th October.

Has the Commissioner of Police seen the queues for the trams and omnibuses, and if so, how can he say that in wet weather there will be sufficient accommodation? Has he taken into consideration the severe hardship that will be inflicted on these poor people?

If the Noble Lord will read my answer he will see that the Commissioner of Police is satisfied on this point. A number of extra cars are being brought in, and it does not follow that those cars are in use to-day, but the Commissioner is satisfied that there will be sufficient accommodation under the new service.

Will the Commissioner of Police get a return of the number of people in various parts of London who travel between 6 o'clock and 9, and the seating accommodation provided in the tramcars and omnibuses? and then he will be convinced that there is not proper accommodation provided for these people.

Surplus War Stores (Receipts and Stocks)

asked the Chancellor of the Exchequer how much money has been received during the present financial year for the sale of war stores by the Disposal Board?

During the period 1st April, 1921, to the 6th August, the figure amounted to —5,497,000. This excludes receipts in respect of sales overseas, totalling to rather more than —1,000,000, which have not yet been remitted to this country.

asked the Chan cellor of the Exchequer whether it is possible for him to put a value upon the war stores still held by the Disposal Board?

I have been asked to reply. I would explain to my hon. Friend that stores are being notified continually to the Board for disposal, and sales from existing stocks are being made daily, and, further, that, especially in view of the fluctuations in the current market conditions, it is impossible to give an estimate of the value of the stores held by the Disposal Board.

Licensing Regulations

asked the President of the Board of Trade whether the revocation of the Intoxicating Liquor (Output and Delivery) Order (No. 2), 1919, will operate as from the date of the coming into force of the new Licensing Act or as from 1st July, 1921, or 30th September next?

On the assumption that the new Licensing Act will become operative before the end of September, the Intoxicating Liquor {Output and Delivery) Order (No. 2), 1919, will apply to the quarter commencing on the 1st July, 1921, but not to any succeeding quarter.

Egypt

21, 22, and 23.

asked the Under-Secretary of State for Foreign Affairs (1) whether he has any information to the effect that Ibrahim Yussry Effendi, Mamour of Abnoub, was tried and fined E£lO for insulting Halim Azer Fanous Effendi, who refused to sign a declaration of confidence in Adly Pasha and the present Egyptian Cabinet;

(2)whether he has any information that the authorities of the Kafr El-Sheikh district of Egypt threatened the inhabitants of Aremone that, unless they would consent to sign declarations of confidence in Adly Pasha and his Cabinet, they would be allowed no water to irrigate their lands and would not be permitted to get loans from the banks;

(3) whether he is aware that, in the second week in June of this year, the authorities of Fakous, in Markeya Province, arrested Abdul Moneim Elsayed Effendi, a student in Tewfikieh school, took from him by force declarations of confidence in Saad Zaghloul Pasha, and then took him to the Government House; and can he make a statement on the subject?

I have no information on the subject of these three questions. They refer to incidents that solely concern the Egyptian Government.

Slag Phosphate

asked the Minister of Agriculture whether he is aware that ground mineral phosphate of a quality much more rapid in its action than Nauru phosphates, and therefore of greater real fertilising value, can be obtained in the open market at 2s. per unit of phosphate of lime, as compared with 3s. per unit for slag phosphate; whether the Ministry will take the necessary steps to reduce the excessive price now being charged for slag phosphate; whether he is aware that, before the phosphate commissioners entered into contracts with the Slag Phosphate Company, the Ministry had intimated they would not allow the whole of the English allocation of Nauru phosphates to be sold to any single interest; and will he state the reason which actuated the change of attitude on the part of the Ministry resulting in the sale of the total allocation to the Slag Phosphate Company, Limited, or the South Wales Basic Slag Company, Limited?

I am not aware of the particular ground phosphate to which the hon. Member refers, nor of any field trials that have been made comparing Nauru phosphate with other mineral phosphates, but I am informed that a ground mineral phosphate is being offered for sale by certain firms at about 2s. per unit of phosphate of lime. The responsibility for the sale within the United Kingdom of Nauru and Ocean Island phosphates rests entirely with the British Phosphate Commissioners, and the Ministry has no control whatever over the price of slag phosphate. As previously stated, the price of 3s. per unit, at which this fertiliser is being sold, is understood to be the cost price plus a limited profit. The Ministry is informed by the Phosphate Commissioners that the Slag Phosphate Co., Ltd., were the only traders who were prepared to undertake the immediate distribution of Nauru phosphate in satisfactory quantities. I am not aware that the Ministry ever made such an intimation as that mentioned by my hon. Friend.

Is it not very unfortunate that the Government should be pushing the sale of the products of a company in which they have a large holding? Will the hon. Gentleman see that the Department do not do this to the detriment of other traders?

Statistical Eetuens

asked the Prime Minister in what Departments the collec- tion and publication of statistics have been suspended; what is the nature of such statistics; if the suspension has been made on the ground of economy; and what is the amount that it is expected to save?

A great number of statistical returns were suspended during the War on the ground that they were not essential to the conduct of the War and that the staff could more usefully be employed on other work. A list for certain Departments will be found in Appendix I to the Report of the Select Committee on Publications for 1916 (H.C. 112). Many of these returns have not been resumed, and, wherever possible, the Treasury have urged the reduction of statistics on the ground of economy, and particularly in view of the very great increase in the cost of printing and paper. To make a return such as is desired by the hon. and gallant Member would entail separate inquiry being made of each Department, and I do not consider that the expenditure of time and money would be justified.

Police and Military, Ireland

asked the Prime Minister whether the same amnesty that has been granted to rebels and convicted murderers in Ireland will be granted to those police and military now in prison and awaiting trial on charges of murder; and whether he can state how many they are and when they will be released?

No amnesty has been granted to any person in Ireland and the second part of the question does not therefore arise. My Noble Friend is no doubt referring to the release for a definite purpose of persons in custody who are the elected representatives of Irish constituencies, but this cannot be held to afford any precedent for the release of other persons. The number released is small in proportion to the number of those held in custody in respect of similar offences, and any question which may arise regarding the latter is unaffected by these releases.

May I ask in what respect differentiation should be made between a member of the Dail Eireann Parliament and a policeman or soldier accused of murder in similar circumstances? Why should not both be released?

We had to consider the desirability of offering every opportunity to those who represent the majority of the Irish people to come to a conclusion upon a matter which is of vital importance to our country as well as theirs. It would have been a great mistake if the failure of the negotiations could have been attributed to our refusal to release members of Dail Eireann.

Distress Relief, Shardlow

asked the Minister of Health whether he is aware that the Shardlow Board of Guardians are refusing relief to 14 families on the grounds that they had recently removed out of low rented houses in the town into higher rented houses belonging to the corporation, and that this is quite a mistaken view, as the corporation houses were only let to those living in overcrowded conditions and who had not a house already; and whether, having regard to the apparent illegalitly of the action of the guardians, he will immediately intervene and have inquiries made with a view to speedy relief being granted to the families at present in distress?

I have received a communication from the Shardlow Board of Guardians upon the subject, and have informed them that it is their duty to relieve any case of destitution occurring within the limits of their union.

Greater London Government (Royal Commission)

asked the Minister of Health whether he will say definitely whether, before consenting to set up the Royal Commission to inquire into the government of Greater London, he has considered the cost to all the authorities within the area in preparing for and attending the Commission; and whether he proposes to permit many thousands of pounds to be spent by these authorities at a time when taxation and rate burdens are crushing the community when it is in his power to prevent it?

I can assure my hon. and learned Friend that the possible cost of the Inquiry was most carefully considered before 'the Government decided to appoint a Royal Commission. I am satisfied that there is no need for the authorities concerned to incur any considerable expenditure in connection with the Inquiry, and I propose to ask the Commission to bear this point in mind, with a view to keeping the expenditure within the narrowest possible limits.

Does the right hon. Gentleman propose that the authorities whose territory is threatened are to have no means of properly defending themselves?

I do not know what my hon. and learned Friend means by "no proper means"

Are they not to appear by counsel or legal advisers, and, if so, does the right hon. Gentleman know that that means ten of thousands of pounds to 122 authorities who are threatened?

Surely it is a question for the local authorities whether their representatives are capable of giving evidence before the Royal Commission, or whether it would be necessary for them to be represented by counsel. I am not sure that the Royal Commission would allow the authorities to be represented by counsel.

Does the right hon. Gentleman know that the cost of the recent Electricity Commission was tens of thousands of pounds, and that this must inevitably follow the same course?

Not at all. That was not a Royal Commission. The procedure of a Royal Commission is entirely different.

Business of the House

May I ask the Leader of the House how far the Government intend to go to-night with business?

What subjects are going to be taken on the Consolidated Fund Bill, and in what order?

That really does not rest with me, but it will perhaps be for the convenience of the House that I should say that at the opening of the Debate to-morrow my right hon. Friend the Prime Minister proposes to make a statement with regard to the proceedings of the Supreme Council recently held in Paris. He may, perhaps, deal with other matters, but will certainly make a statement with regard to the Supreme Council and Silesia.

I do not select the subjects. It depends upon who catches Mr. Speaker's eye whether that subject will be raised in the subsequent stages of the Debate.

If the Leader of the House is expecting to get away early to-night, could he not start the Consolidated Fund Bill to-night, seeing that there are about 150 subjects to which it is desired to refer?

MANCHESTER CORPORATION(GENERAL POWERS) (RECOMMITTED) BILL [Lords]

Reported, with an Amendment, from the Local Legislation Committee; Report to lie upon the Table, and to be printed.

Message from the Lords

That they (have agreed to:

Land Settlement Amendment Bill,

Water Undertakings (Modification of Charges) Bill,

Territorial Army and Militia Bill,

Salmon and Freshwater Fisheries Bill,

Admiralty Pensions Bill,

Isle of Man (Customs) Bill,

Greenwich Hospital Bill,

Duchy of Lancaster (Application of Capital Moneys) Bill, without Amendment.

War Pensions Bill,

Licensing (No. 2) Bill,

Ministry of Health Provisional Orders (Aberavon and Neath Extension) Bill,

Ministry of Health Provisional Order (Stoke-on-Trent Extension)Bill,

Pilotage Provisional Orders (No. 5) Bill,

North Staffordshire Railway Bill,

Leicester Corporation Bill,

Metropolitan Water Board (Various Powers) Bill, with Amendments.

Criminal Law Amendment Bill [ Lords ],

That they agree with certain of the Amendments made by this House to the Criminal Law Amendment Bill [ Lords ], and disagree with two other of the Amendments, for which disagreement they assign Reasons.

War Pensions Bill

Lords Amendments to be considered To-morrow, and to be printed. [Bill 210.]

LICENSING (No. 2) BILL

Lords Amendments to be considered To-morrow, and to be printed. [Bill 209.]

CRIMINAL LAW AMENDMENT BILL [Lords]

Lords Reasons for disagreeing with tow of the Amendments made by this House to be considered To-morrow, and to be printed. [Bill 211.]

Ministry of Health Provisional Orders (Aberavon and Neath Extension) Bill

Lords Amendments to be considered To-morrow.

Ministry of Health Provisional Order (Stoke-On-Trent Extension) Bill

Lords Amendments to be considered To-morrow.

PILOTAGE PROVISIONAL ORDERS (No. 5) BILL

Lords Amendments to be considered To-morrow.

Orders of the Day

Irish Railways (Settlement of Claims) Bill

Order for Second Reading read.

I beg to move, "That the Bill be now read a Second time."

It will not be necessary that I should detain the House for more than a few minutes. This is a Bill to provide for the payment of a sum of £3,000,000 in settlement of the claims against the Government arising out of the control of the Irish railways. The Irish railways were not taken possession of at the same time as the English railways, and the war conditions did not apply in Ireland from so early a date as in England. They were, in fact, made the subject of a formal agreement, as from the 1st January, 1917. The Bill provides, as I have said, for the payment of a sum of £3,000,000 in settlement of claims which would arise upon the decontrol of the railways at midnight to-night. That sum is to be paid in full satisfaction and discharge of the claims which the companies would otherwise have against the Government. The right of the Government to investigate payments which have been made on monthly account are preserved in the same way as they are preserved in the English Bill. There is one small addition, namely, that the £3,000,000 is to include any sum which might have been payable to the baronially guaranteed railways beyond the end of the period of control. The money is to be distributed in accordance with agreement, or, in default of agreement, under a scheme to be settled by a tribunal which has the approval of the great majority of the Irish railways, and which is to consist of Sir David Harrel, Mr. John Mackie—who is a well-known chartered accountant in Dublin—and Mr. Herbert Wilson, K.C., who is a well-known member of the Irish Bar. A sum of £200,000 is to be paid on the 1st October, and, as to the balance, by two instalments, one of £1,300,000 at the end of the present year and one of £1,500,000 at the end of next year. The only other matter to which I need call attention is that the agreements with the companies that are known in Ireland as the baronial or guaranteed companies, which was confirmed by a short Act in 1919, is continued until the Council of Ireland make other provisions.

I do not rise for the purpose of opposing the Second Reading, because, having entered into an agreement with the Government in the event of the unfortunate differences now existing in Ireland, which may lead to more serious differences in the event of no agreement being arrived at on this Bill, the Government intimated quite clearly that they proposed to drop it as far as this Session is concerned. But I understand that, in addition to the Second Reading, they propose taking the Committee and Report stages to-day. I am now going to request them, and I understand they are going to acquiesce, to content themselves with the Second Reading to-day, on the understanding that they will take without opposition the remaining stages, if possible, to-morrow. But that also, I understand, is subject to an agreement being arrived at before to-morrow. The opposition to this Bill is not because we are desirous of hampering the Irish railways, but because we believe that the Irish railway men are entitled to some machinery to govern their future conditions of service as much as the English railway men, and seeing that in the English Bill there is clear and definite machinery laid down, which I hope will result in creating new and better relationship between both sides, we feel that there ought to have been no difficulty in including in this Bill, and as part of this agreement, similar machinery to be adopted for Ireland. Unfortunately out of 32 general managers, 31 agreed to the machinery, and we felt that it was not asking too much, if the unions and 31 general managers could agree on some common-sense arrangement, to say that the man who did not agree, when such a consensus of opinion existed, would at least be an unreasonable person. But we were faced with this difficulty, that definitely and deliberately he not only refused to be a party, but he refused to associate with the other general managers in even negotiating the position.

Whatever may be said about labour disputes, everyone is agreed that if we are to avoid them, it will only be by common sense being exercised on both sides. It will only be by the employers on the one side and the men on the other coming together and trying to have an understanding. When you have the attitude taken up that the manager refuses even to see the men's representatives, I put it no higher than saying it does not augur peace. We could have defeated this Bill, and we could have got our own in that way. But by doing that we should have punished the other general managers who were reasonable in order to get at this one who was unreasonable. It may be said we ought to punish them in order to get at the other, but I think the House generally will agree that we took a reasonable view in saying we have no right to punish those who are willing to come to an agreement merely to get at the other.

That was the position as we left it on Friday. But unfortunately another situation was created which has caused a deadlock. The railways in Ireland intimated to their staffs that they are not bound by any existing agreement and that they propose from 12 o'clock to-night to introduce new conditions of service. I will say nothing about them, except that they involve very heavy reductions in the men's wages. We said, "Surely it is not unreasonable that if you have a case to state, if you believe this agreement should be broken, if you believe that new conditions should be introduced, they should be referred to an independent tribunal, whose decision will be arrived at after a full investigation of the case." We were in hopes that that would be agreed upon, but unfortunately there is another hitch at this moment. I do not want to go into it because, happily, since I met the Government and arranged this procedure the Irish managers have agreed to meet at 8 o'clock to-night, and I do not propose to say anything about the conditions in the hope that we may be able to reach agreement to-night. But what is bothering the Union, and what is bothering me in connection with it—because out of 21,000 railway employés over 19,000 are members of my own organisation and there is no question about speaking for the men—is that if there is an industrial dispute it must affect the larger issue that we are all interested in at this moment.

4.0 P.M.

What I dread is that this industrial dispute may lead to the breaking of the truce. That is what is influencing me in all these matters at this moment. That is what is influencing our executive committee. That is why we are adopting this attitude even at this moment. Much as we should like to fight the manager who has shown himself so unreasonable as to disagree with 31 of his colleagues, yet we believe we have got to subordinate our feelings, and to look beyond this immediate question, and see what the effect will be on the bigger question, and because we believe it may have a disastrous effect on the bigger question, much to our regret we are waiving our opinion on the matter. Therefore I desire to say that in giving a Second Reading to the Bill, unless agreement be reached to-night between the railway companies and ourselves, we accept clearly and definitely the Government's intimation that they will not proceed with the Bill to-morrow. I ask for these few hours' extension on the understanding that if we do get agreement we shall take all the remaining stages to-morrow, but that if we do not get agreement the Government will be at liberty to drop the Bill in its entirety. I hope that we shall get agreement; we shall go into the Conference with a view of getting an agreement, and I believe that in that way we shall be endorsing the general sentiment of this House in the matter.

The right hon. Gentleman has more than once spoken of taking the remaining stages of this Bill tomorrow. I must remind the House that this is a Money Bill.

I have had some conversation with my right hon. Friend the Member for Derby (Mr. Thomas), and, of course, I am quite content to be guided by him, but I rise to make a protest against the absence of the Minister of Transport from the House when a Bill of this importance is being discussed. Of course, the Parliamentary Secretary will understand that this is no reflection upon him. His able handling of those portions of the English Railways Bill which were left in his hands impressed the House very greatly, and I have no complaint to make of him.

This Bill is really in the hands of my right hon. Friend the Attorney-General for Ireland (Mr. T. W. Brown), but he has been called to Ireland, and I was asked at the last moment to undertake to move its Second Reading. I may say that my right hon. Friend the Minister of Transport is engaged on extremely important business in connection with the Railways Bill, which is before another place.

Of course, I accept that explanation, but the Minister was in the House only a short time ago, and I should have thought that his most important business was here, because, although this nominally is an Irish Bill, there is a very large sum of money involved, and without making any reflection upon my right hon. Friend, I think it right to protest against the absence of the Minister, and I intend to stick to that protest.

It would be disastrous if anything should happen now to interrupt the negotiations which have been resumed, and which every hon. Member will hope may result in their being no cessation of the Irish railway services. If it should be that hon. Members find it

SCHEDULE.

PART I.

1.

2.

3.

4.

Session and Chapter.

Short Title.

How far continued.

Amending Acts.

(1)

3 & 4 Vict. c. 89

The Poor Rate Exemption Act, 1840.

The whole Act

(2)

3 & 4 Vict. c. 91

The Textile Manufactures (Ireland) Act, 1840.

The whole Act

5 & 6 Viet. c. 68.

7 & 8 Vict. c. 47.

30 & 31 Vict. c. 60.

(3)

4 & 5 Vict. c. 30

The Ordnance Survey Act, 1841.

The whole Act

33 & 34 Vict. c. 13.

47 & 48 Vict. c. 43.

52 & 53 Vict. c. 30.

(4)

10 & 11 Vict. c. 98

The Ecclesiastical Jurisdiction Act, 1847.

As to the provisions continued by 21 & 22 Vict. c. 50.

(5)

14 & 15 Vict. c. 104

The Episcopal and Capitular Estates Act, 1851.

The whole Act

17 & 18 Vict. c. 116.

22 & 23 Vict. c. 46.

23 & 24 Vict. c. 124.

31 & 32 Vict. c. 114. s. 10.

(6)

17 & 18 Vict. c. 102

The Corrupt Practices Prevention Act, 1854.

So much as is continued by the Corrupt and Illegal Practices Prevention Act, 1883.

26 & 27 Vict. c. 125 s. 6.

31 & 32 Vict. c. 51.

46 & 47 Vict. c. 29.

(7)

26 & 27 Vict. c. 105

The Promissory Notes Act, 1863.

The whole Act

45 & 46 Vict. c. 61

necessary to offer opposition to this Bill, then, in view of the time at which we have arrived, it will render it impossible for the Government to proceed. We accept entirely the observations of the right hon. Gentleman, and the spirit in which they have been made, and hope that the Conference which is to take place may produce such a measure of agreement that the fate of the Bill may no longer be in doubt.

Question put, and agreed to.

Bill read a Second time, and committed to a Committee of the Whole House for to-morrow (Tuesday)—[ Colonel Leslie Wilson. ]

Expiring Laws Continuance Bill

Considered in Committee.

[Mr. JAMES HOPE in the Chair.]

Clauses 1 ( Continuance of Acts in Schedule ), and 2 ( Short Title and Application to Ireland ), ordered to stand part of the Bill.

1.

2.

3.

4.

Session and Chapter.

Short Title.

How far continued.

Amending Acts.

(8)

27 & 28 Vict. c. 20

The Promissory Notes (Ireland) Act, 1864.

The whole Act

28 & 29 Vict. c. 46

The Militia (Ballot Suspension) Act, 1865.

The whole Act

45 & 46 Vict. c. 49.

(10)

28 & 29 Vict. c. 83

The Locomotives Act, 1865

The whole Act

41 & 42 Vict. c. 58.

41 & 42 Vict, c 77.

(Part II.)

59 & 60 Vict. c. 36.

61 & 62 Vict. c. 29.

1 & 2 Geo. 6. c. 45.

(11)

31 & 32 Vict. c. 125

The Parliamentary Elections Act, 1868.

So much as is continued by the Corrupt and Illegal Practices Prevention Act, 1883.

42 & 43 Vict. c. 75.

46 & 47 Vict. c. 51.

(12)

32 & 33 Vict. c. 21

The Corrupt Practices Commission Expenses Act, 1869.

The whole Act

34 & 35 Vict. c. 61.

(13)

32 & 33 Vict. c. 66

The Endowed Schools Act, 1869.

As to the powers of making schemes.

36 & 37 Vict. c. 87.

37 & 38 Vict. c. 87.

52 & 53 Vict. c. 40.

8 Edw. 7. c. 39.

(14)

33 & 34 Vict. c. 112

The Glebe Loan (Ireland) Act, 1870.

Act, 1870.

The whole Act

34 & 35 Vict. c. 100.

40 Vict. c. 6.

(15)

34 & 35 Vict. c. 87

The Sunday Observation Prosecution Act, 1871.

The whole Act

(16)

39 & 40 Vict. c. 21

The Jurors Qualification (Ireland) Act, 1876.

The whole Act

57 & 58 Vict. c. 49.

61 & 62 Vict. c. 37. s. 69.

(17)

43 & 44 Vict. c. 42

The Employers Liability Act, 1880.

The whole Act

6. Edw. 7. c. 58. s. 14.

(18)

46 & 47 Vict. c. 60

The Labourers (Ireland) Act, 1883.

The whole Act

48 & 49 Vict. c. 77.

49 & 50 Vict. c. 59.

54 & 55 Vict. c. 48.

54 & 55 Vict. c. 71.

55 & 56 Vict. c. 7.

59 & 60 Vict. c. 53.

61 & 62 Vict. c. 37.

3 Edw. 7. c. 37.

6 Edw. 7. c. 37.

7 Edw. 7. c. 44.

9 Edw. 7. c. 42.

1 & 2 Geo. 5. c. 19.

4 & 5 Geo. 5. c. 32.

8 & 9 Geo. 5. c. 20.

9 & 10 Geo. 5. c. 55.

(19)

51 & 52 Vict. c. 55

The Sand Grouse Protection Act, 1888.

The whole Act

(20)

52 & 53 Vict. c. 40

The Welsh Intermediate Education Act, 1889.

As to the powers of the joint education committee and the suspension of the powers of the Charity Commissioners.

53 & 54 Viet. c. 60.

2 Edw. 7. c. 42.

(21)

58 & 59 Vict. c. 21

The Seal Fisheries (North Pacific) Act, 1895.

The whole Act

(22)

61 & 62 Vict, c 49

The Vaccination Act, 1898

The whole Act

7 Edw. 7. c. 31.

(23)

2 Edw. 7. c. 18

The Licensing (Ireland) Act, 1902,

The whole Act

1.

2.

3.

4.

Session and Chapter.

Short Title.

How far continued.

Amending Acts.

(24)

3 Edw. 7. c. 36

The Motor Car Act, 1903

The whole Act

9 Edw. 7. c. 37.

10 & 11 Geo. 5. c. 72.

(25)

4 Edw. 7. c. 24

The Wireless Telegraphy Act, 1904.

The whole Act

(26)

5 Edw. 7. c. 18

The Unemployed Workmen Act, 1905.

The whole Act

9 Edw. 7. c. 7.

align="center">(27)

7 Edw. 7. c. 55(28)

The London Cab and Stage Carriage Act, 1907.

As to the abolition of the privi-ledge dcab system, Section two.

(28)

1 & 2 Geo. 5. c. 55

The National Insurance Act, 1911.

Section forty-two; and so far as it relates to the powers of the Insurance Commissioners to make orders affecting Section forty-two, Section seventy-eight.

3 & 4 Geo. 5. c. 37.

4 & 5 Geo. 5. c. 57.

4 & 5 Geo. 5. c. 81.

7 & 8 Geo. 5. c. 62.

10 & 11 Geo. 5. c. 10.

(29)

2 & 3 Geo. 5. c. 2

The Coal Mines (Minimum Wage) Act, 1912.

The whole Act

(30)

3 & 4 Geo. 5. c. 26

The Highlands and Islands (Medical Service) Grant Act, 1913.

As to the powers of the Highlands and Islands (Medical Service) Board, and of His Majesty in Council.

9 & 10 Geo. 5. c. 20.

(31)

4 & 5 Geo. 5. c. 3

The Grey Seals Protection Act, 1914.

The whole Act

(32)

5 & 6 Geo. 5. c. 4.

The Land Drainage Act, 1914.

As to the power of making Provisional Orders.

(33)

5 & 6 Geo. 5. c. 48

The Fishery Harbours Act, 1915.

As to power of making Orders

(34)

9 & 10 Geo. 5. c. 35

The Housing, Town Planning, &c. Act, 1919.

Section twenty-one

(35)

9 & 10 Geo. 5. c. 45

The Housing (Ireland) Act, 1919.

Section seventeen

(36)

9 & 10 Geo. 5. c. 60

The Housing, Town Planning (Scotland) Act, 1919

Section eighteen

(37)

9 & 10 Geo. 5. c. 92 (38)

The Aliens Restriction (Amendment) Act, 1919.

Section one

(38)

10 & 11 Geo. 5. c. 58

The Shops (Early Closing) Act, 1920.

The whole Act

PART II.

(39) 9 & 10 Geo. 5. c. 59

The Land Settlement (Facilities) Act, 1919.

Sections four and five

PART III.

(40) 10 & 11 Geo. 5. c. 57

The Unemployment (Belief Works) Act, 1920.

The whole Act

PART IV.

1.

2.

3.

4.

Session and Chapter.

Short Title.

How far continued.

Amending Acts.

(41)

9 & 10 Geo. 5. c. 97

The Land Settlement (Scotland) Act, 1919.

Sections one and two

PART V.

(42)

7 & 8 Geo. 5. c. 42

The Workmen's Compensation (War Addition) Act, 1917.

The whole Act

9 & 10 Geo. 5. c. 83.

PART VI.

(43)

9 & 10 Geo. 5. c. 59

The Land Settlement (Facilities) Act, 1919.

Section three

PART VII.

(44)

59 & 60 Vict c. 16

The Agricultural Rates Act, 1896.

The whole Act

2 Edw. 7. c. 42.

7 Edw. 7. c. 13

(45)

59 & 60 Vict. c. 37

The Agricultural Rates, Congested Districts, and Burgh Land Tax Relief (Scotland) Act, 1896.

The whole Act

60 & 61 Vict. c. 53.

7 Edw. 7. c. 13.

1 & 2 Geo. 5. c. 49.

I beg to move in Part I. to leave out paragraph (37).

This paragraph refers to the continuance of the Aliens Restriction (Amendment) Act, 1919, for another twelve months. I have no doubt that a very excellent case can be made out from the Government's point of view, but I think that case should be made out, and that we should have some sort of assurance from the Government as to what is their policy with regard to the continuance of restrictions on foreigners entering this country. When the Aliens Restriction Act, 1919, was passed, it was to continue in force till the Treaties of Peace had been finally ratified, and for twelve months afterwards. As we know, one Peace Treaty, the Treaty of Sevres, has not yet been ratified, and it looks as if a very considerable delay will elapse before it can be presented to this House. According to the law, this Aliens Restriction Act will continue twelve months after that. The Government, in addition, wish us now to extend the Act for another twelve months, and I think it reasonable to ask that their case, which I dare say is a very good one, should be presented to the House. Since the Act was rammed through this House—I say that because I attempted some slight opposition to it—the situation has changed very much. The intense Nationalistic feelings of the country arising out of four years of war have, I think, moderated. The Act was demanded by all the panic-stricken women of both sexes in 1919, and I am sorry to say that it then received a good deal of support from the unthinking masses of the people, and, in fact, from a good many thinking people too. I do not believe that the same demand would be manifested to-day if the Government brought in another Bill of the same character. I am happy to say that people have recovered their sanity, and, although it may be necessary to continue this Act for a little longer, I want to know what is the Government's policy. During the passage of the Bill in 1919 my right hon. Friend the Home Secretary scarcely disguised his real feelings towards it, or towards the group of hon. Members who supported it. I hope that he will still less disguise his feelings to-day as to this tearing up of the old policy of the past of allowing respectable persons to come and go freely and openly, a policy of course which brought us great good and much profit.

To-day, there is undoubtedly a need for removing, if possible, those feelings of hatred for all foreigners which Acts of this sort, and in some cases their administration, only encourage and foster. In the 16th Century bloody wars were fought for religion; in the 19th Century bloody wars were fought for nationality. I believe that just as the first cause of war has practically disappeared—I say practically—so during the 20th Century the second cause of nationality will disappear as a reason far war, and it will be one of the greatest blessings that can possibly come upon mankind should it turn out to be so. What is needed to-day in Europe much more even than in this country is a spirit of reconciliation between people. We are not yet out of the terrible crisis over Silesia brought about by the hatred and suspicion between the Germans and the Poles. We do not know what terrible events may yet occur out of the hatreds and suspicions of other great nations in Europe. It is for us, if we can, to set an example. This terrible disease of ex-extreme nationalism and hatred for all foreigners is not, happily, so rife in this country as it is in Europe, and therefore it should be our duty to give an example in this matter. I am reinforced in that by the words of the Prime Minister, at the beginning of the present Session in a very remarkable speech, remarkable even for him, which he made during the Debate on the Gracious Speech from the Throne. He was dealing, of course, with the question of unemployment, but he drew attention to the fact that a good deal of our unemployment was caused through bad trade, which in its turn was caused by national jealousies, suspicions, and hatreds. These were the words which he used: quests for help in getting relatives to this country, and in that way I have had brought to my notice the administration of the Act. I make no complaint against the administration. I believe that the majority of respectable foreigners who wish to come here to do legitimate business may come. In very many cases, their only relatives may be domiciled in this country, and if they can make out a real case of hardship and a strong reason for coming here, they are allowed to come.

On the whole the administration has been, as it was intended to be, elastic, but there are restrictions which are extremely irritating for would-be friends of this country. To-day in the "Times" newspaper there is a letter from a distinguished American gentleman, a constant visitor to these Islands, a sort of person who, undoubtedly, is an asset to this country. He is a missioner of peace between two great peoples, and he describes the disabilities and petty annoyances to which a perfectly respectable American friend of this country is subjected under this Act—the registration at police stations, the producing of photographs, identity papers, and all the little petty causes of friction which those of us who have had to travel in the present state of Europe will know are very annoying and very hampering. That is one example, but there are many others. Although the majority of respectable business men from abroad who wish to come to this country to do business are allowed to come, the fact that there are difficulties put in the way probably keeps others from venturing on the journey, and in that way custom is lost to this country. If you make it difficult for merchants to come here and buy our surplus goods—Heaven knows what a tremendous surplus we have, and how few buyers there are—they will go to other countries or stay at home.

That means an old-established business. We want new markets opened and new businesses. We want Americans and others to come to this country and to open up trade. It is all very well for the representatives of old-established businesses to talk about agencies. The Home Secretary may say that there are hordes of people in Central Europe, of a low status of life and civilisation who are only waiting to come rushing into this country; that there are thousands in Lithuania, Galicia, and other places who are ready to come and to flood our overcrowded labour market. We had fairly stringent immigration laws before the War. [An HON. MEMBER: "They were not stringent."] Perhaps they were not too strict. At any rate, we lost nothing by allowing people to come and go with reasonable convenience. My point is that if the powers that existed before the War were applied strictly they are quite sufficient to prevent the influx of the imaginary horde of people who are waiting to flock into this country, with the imaginary £5 note in their pocket, which they will send back again so that the next person may come across. If that Act was administered it would be quite simple to prevent undesirables from coming into this country.

The present Act does operate hardly against perfectly respectable and desirable persons who wish to visit these shores. It is, above all, the continuance of wartime legislation in peace time. Hon. Members are very fond of declaiming against the continuance of wartime legislation when it, concerns more domestic matters. This is piece of war-time legislation, and I ask for good reasons why it should be continued. Anything that we can do to remove the war-bred suspicions and hatreds, the spirit of looking upon every foreigner with the utmost suspicion and making ourselves as objectionable as possible, we are in duty bound to do. We ought to lead the world, as we have done in the past. There may be good cause for this Act being continued. If so, let us have it. I and my friends do not wish to be unreasonable. If the Government insist on continuing the Act, and make out a case, we do not intend to persist in our opposition, but we ought to have a statement of policy, and we ought to be assured that the Government will not keep on this Tibetian legislation a day longer than they find it is absolutely necessary. The days when we can look upon ourselves as an isolated place is past. We are dependent upon other countries. If you are to have good relations between peoples there must be easy and continued intercourse. If you are to have a flourishing trade you must not put diffi- culties in the way of travellers coming here to do business. However difficult it may be, we have to get rid of all these appalling hatreds and super-nationalistic feelings that have brought so much misery and suffering into the world.

If the view of the Government be that the removal of these restrictions will mean a great rush of destitute, unemployed people into this country for the purpose of competing with our own unemployed and causing further complications in the matter of housing, and that there should be some limitation put upon the number of unemployed people who may desire to come here, it would be wrong for any horn. Member to put any obstacle in the way of the Government; but I suggest to the Home Secretary that it might be possible to have what one might term more sympathy in the methods of administration of these very drastic provisions. I had to visit the Home Office some time ago with regard to a soldier in this country who desired to get married and who wanted his parents to come from Belgium. Although they only wished to come here for a three-days' visit, there was some reason on which the Home Office could not see their way to grant the application. There have been several cases of that kind, where people wanted to come for a short, temporary visit. If there had been a question of unemployment or destitution there might have been some explanation, but where those conditions do not apply the Home Office should be more sympathetic than I have known them to be. The object of the Mover of the Amendment is to suggest to the Home Office that they should consider more sympathetically the applications that are made to them. Whilst appreciating the view that it is desirable to prevent a great rush of unemployed people here, a good deal could be done in the way of administration to remove the trouble which may arise through the continuance of this Act.

The Committee will remember that when the 1919 Act was passed it was definitely said in this House, and I think generally agreed, that there would have to be, after some years of experience, general legislation with regard to the question of aliens. Section 1 was the only portion of the Act of 1919 that was limited to a period of one year. There were other sections, which were limited in period, but for a definite reason. The power to make regulations under Section 1 was limited for a year in the hope that in the succeeding 12 months general legislation would take place. We have not been able to do that. Last year we hoped that this-this Session we should be able to deal with the question of aliens, but we have not been able to do so. The House is as well aware of the facts of this Session as I am, and I do not need to enlarge upon them. We are faced with this alternative, that either we must continue this-Section for another 12 months, in the hope of being able next Session to introduce general legislation on the subject, or else we must after the 31st December find ourselves with no powers to make Regulations, and no Regulations, and no-machinery for dealing with alien immigration. I hope the Committee will be of opinion that it is much wiser to continue the existing machinery and Regulations for 12 months rather than have none at all.

I do not think it would be in order to go into the detailed question of administration, but if I may refer to what was said by my hon. Friend the Member for Whitechapel (Mr. Kiley) I would assure him that there is no want of sympathy in the Home Office administration; but the Home Office must do its duty, and must have regard to what Parliament intended that these Regulations were to do. Any case of a mere visit is always most sympathetically considered. There are specific Regulations with regard to visits from ex-enemy aliens; they are in a different position from other aliens. Other cases are most sympathetically considered, but it is impossible, merely from a feeling of sympathy, to do that which you know is contrary to the spirit of what was intended by the House of Commons. Therefore we are bound to deal with these matters from the point of view of the intention of the Legislature when the legislation was passed.

In reference to the objects of the Regulations, it is true there are large numbers of people in various disturbed parts of Europe who would very much like to come to this country. We have not the houses and we have not the work For that reason alone we are bound to be careful to limit the number of those who would come in competing in our labour markets. It is equally true—though I am glad to say that there is a very much smaller number—that there are people in Europe and other countries who want to come here for the purpose of interfering in our private domestic concerns, interfering with our Constitution and so forth. If this machinery disappeared those people might get in, and though I do not say that it would be a very serious, yet it would be a serious matter. This factor does exist, and if we had not these Regulations it would operate to a much greater extent than it does to-day. I know that my hon. and gallant Friend (Lieut.-Commander Ken worthy) and I do not see eye to eye with regard to certain portions of Europe, but we must manage our own affairs in this country without interference from those who differ from us. The Home Office has done its best to deal with this matter sympathetically to those who want assistance, but, at the same time, with due regard to what the Legislature intended when the legislation was passed. We do not feel justified in laying down any arbitrary rules for ourselves. What we feel is that we must try to enter into the spirit of the Act of Parliament and administer it in that way. That we have tried to do, and that we shall continue to do. Therefore, I hope the Committee will allow these words to be retained.

In view of what the right hon. Gentleman has said, I ask leave to withdraw the Amendment.

I know that perhaps there is a danger, at the moment, of the influx of people from disturbed areas in Europe. I was careful to refer to them, and I moved the omission of these words to get a declaration of policy from the right hon. Gentleman. Would it be possible to make these Regulations a little less irksome, especially on Americans, French people and so on who are friendly to this country and who come here? I know the difficulties of the right hon. Gentleman, and do not think that the Act is administered harshly by the majority of officials, but something might be done to ease the lot of the bona fide traveller and business man.

Wherever we have the opportunity, and the case is brought be- fore us, we do what we can to relieve the individual of anything which appears to be unnecessary, but it is very difficult to make any sort of general exception in favour of Americans or people of any other nationality. The most we can do, and what we have tried to do, is, where it is possible in any case, to relieve the individual of any inconvenience which is not unavoidable. I am afraid that I cannot go further than that.

Amendment, by leave, withdrawn.

I beg to move, in Part I, to leave out paragraph (38).

I move this Amendment in order to obtain information from the Home Secretary. My recollection is that the Stops (Early Closing) Act, 1920, was brought in by a private Member. There was some opposition to it in this House, and an Amendment was carried which made considerable alteration in the Bill with respect to the rights of small shopkeepers. Then the Government requested the promoters of the Bill to withdraw it, and the Government offered to bring in a temporary Bill which was to meet the situation until a permanent Bill would be brought in. That is my recollection. This temporary Bill was only to continue in force until the end of the year. No further Bill has been brought in to replace it, and the temporary Bill is apparently to be continued for another year. Does this mean that the Government have given up the idea of dealing with the question in a new Bill, or is it proposed to continue the new Act of 1920 indefinitely through the medium of the Expiring Laws Continuance Bill?

The reason why this becomes necessary again this year is that unfortunately, owing to pressure of business, it has been impossible to introduce general legislation on the subject. This Bill is a temporary Measure, and is still so regarded by the Government, but unless we continue it until there has been general legislation it would mean that we should go back to the old days, which I am sure no one desires to see, in which shop assistants could be kept at work to any hour of the night. There are many people who desire to see modifications in the existing Act, and that will be done no doubt when we come to general legislation. But at present, owing to the unfortunate condition of business, we are reduced to the choice, either of continu- ing the existing Act for another 12 months, in the hope that we may be able to pass general legislation during that period, or else of going back to the condition of things in which young men and young women could be kept working to any hour of the night. Before next year I hope that we shall be able to carry through this House general legislation dealing with the problem in the manner desired by those who are interested in it. Meantime, we desire to continue the existing Act for another 12 months.

Having heard the statement of the Home Secretary that he intends next year to do something in this matter, I ask leave to withdraw the Amendment.

I agree with him that it would have been impossible to bring in a Bill this Session. Personally I would have been much better pleased if the Government had brought in far fewer Bills this Session. I hope that the legislation brought in next Session will be so scanty that there will be an opportunity for discussing this, and perhaps one or two other Measures, without having to do so after 11 o'clock at night, or upstairs under the Kangaroo or the Guillotine, or with two Committees. I do not agree with the Home Secretary that it is undesirable that people should work as long as they like. I am old fashioned enough to hold the view that the less you interfere with the liberty of the subject the better, and if I choose to work 14 hours per day I have a perfect right to do so, and no one has a right to interfere and say that I shall be allowed to work only seven or eight hours. If the country is ever to regain its old prosperity, and is ever to be able to pay the present taxation, it is necessary that everyone shall work as long as possible

Amendment, by leave, withdrawn.

The next four Amendments dealing with the sale of sweets, chocolates and ice-creams are all in different degrees out of order, but that which stands in the name of the hon. Member for Consett (Mr. A. Williams) is the nearest to being in order, and if he will move it in a slightly different form I shall be able to put it

I beg to move, in Part I, paragraph (38), column 3, after the word "Act," to insert the words "except the words in Schedule Part I., paragraph 4, 'refreshments shall not be deemed to include sweets, chocolate, or other sugar confectionery, or ice cream.'"

I have pleasure in moving this Amendment in a slightly different form from that which is on the Paper, and which, I understand, will be in order, and I am obliged to your skill for pointing out to me the way in which I can move it. This is intended to settle the vexed question of selling chocolate and such things in theatres and also in shops after 8 o'clock. By the Shops (Early Closing) Act of last year, it is provided that shops must close at 8 o'clock except on Saturdays, but it also says that this shall not prevent the sale after closing hours of meals or refreshments for consumption on the premises. But, unfortunately, it goes on later to say

I recognise, the great difficulty one finds oneself in when seeking to put down Amendments that are in order. The Rules of the House have made it difficult, if not impossible, for such Amendments as some hon. Members had in view to be accepted, but I hope that my hon. Friend the Member for Ashton-under-Lyne (Sir W. de Frece), who has given considerable attention to this subject, may provide a means of escape from a position which has become intolerable so far as the sales of sweets and chocolates are concerned. For a good many years I spent considerable time in trying to relieve the condition of shop workers in this country. For over 30 years I was an advocate of the early closing of shops and the reduction of hours. In the association with which I was connected we had two rival policies for some time. One policy advocated a limitation of hours for assistants only and left the closing of the shops to the exigencies of business. Eventually it was decided that the problem bristled with so many difficulties that it, would be far better to support the closing of the shops and leave, as far as possible, to organisation the hours of those engaged in the shops. The activities of the association were highly successful and a large proportion of those engaged in the retail trade of this country are now members of the organisation. But so far as this question is concerned an altogether new view is taken.

In the old days there were two rival sections. There was the shopkeeper who employed assistants and the shopkeeper who did not. The latter included the little huckster's shops in a back street established with a little bit of money that had been saved or as the result of compensation for injury—a little business conducted by a widow or some person of that description. The shopkeeper who employed assistants used to oppose any idea of legislation that did not include the small shopkeeper. He said that the opening of the small shop constituted unfair competition, so far as he was concerned. The large shopkeeper has discovered by experience that with a reduction of the hours of labour he can reduce working expenses and give more satisfaction to those whom he employs, and he has discovered, too, that he has not felt any ill effects from the so-called competition of the small shopkeeper. So the old argument has gone by the board, and to-day there is no quarrel between big and small shopkeeper. The big fellow lias found that he can look after himself. The Act of 1920 was one of those pieces of legislation brought forward in a hurry, the result of a compromise, extended beyond the desire even of its supporters. I do not think that those who supported the Act of last year had any desire that those who went to a theatre or a cinema or other place of entertainment, or indeed to a restaurant, and bought a box of chocolates, should be regarded as committing a legal offence if, after having bought the chocolates they carried a portion of the contents out of the premises. I am sure that that provision in the Act of last year was inserted without consideration.

What has been the result? The hon. Member for Consett (Mr. A. Williams) has pointed out one anomaly. I do not think the Amendment will be a great asset to temperance, but even from that point of view here is something to be said for it. A young fellow takes his girl to a theatre, and he says to her, "Would you like a little refreshment?" They go into the refreshment bar. He says to her, "What will you have?" and she replies, "A box of chocolates." The young lady in charge of the bar says, "You cannot have a box of chocolates, but your gentleman friend can have a glass of whisky, and if you like you can have a glass of port wine." Surely that is carrying legislation to an absurd length? Why hinder the generosity of a spouse in the days of his courting? He will not be so generous when he is married. I am sure that the shop assistant has nothing to fear. The strength of the shop assistants' organisation has removed that. Those who supported this particular restriction last year must be convinced that it has produced a grotesque situation. It is not merely grandmotherly legislation, but stupid legislation. It irritates everyone, it satisfies no one, and for the sake of common sense and the reputation of this House I hope that some means will be found before the House rises whereby we can get rid of this anomaly.

I need hardly say that when I was informed that the Amendment I had on the Paper was out of order, I was greatly disappointed. Most hon. Members are aware how hardly this restriction bears upon the small shopkeeper. It may be of interest to the Committee to know that I have many letters from my constituents on this subject. They are from such people as widows or discharged and disabled soldiers conducting small shops, who find that to earn a livelihood is almost impossible while these restrictions continue in operation. When I was associated with the King's Fund for the Aid of Dis- abled Soldiers, the Committee in large numbers of cases granted considerable sums to disabled men, in order that they might start in business. Those businesses are being jeopardised by these restrictions. I do not think that the Amendment before the House will meet with the approval of the Government. It takes us back to the old days when a shopkeeper could keep open until midnight. I haw busied myself in drafting a short Bill which has the approval of the Home Secretary, who has been most kind in helping forward the matter. I have also an assurance that there will be no opposition to my Bill, as it is the result of a compromise between the Federated Confectioners' Association of Great Britain and the houses of entertainment. They have agreed that the hours, whilst not going back to those of former times, can be extended from 8 to 9.30 p.m. on week-days and 8 to 10 p.m. on Saturdays. That change will give the small shopkeeper a chance, and also satisfy the theatres. This compromise having been reached, I hope the hon, and gallant Member for Consett will withdraw his Amendment, on the strength of the statement that the Government are willing to include my Bill to-morrow for First Beading. I think that will fully meet the requirements of the case.

I wish to support the Amendment. As one who has had to champion the case of the small shopkeeper on more than one occasion, I think the legitimate rights of the theatreowner and the legitimate rights of the small shopkeeper are met by the Amendment. I have had the advantage of talking with several members of the theatrical profession, and though L acknowledge the great authority of the last speaker on this subject, I doubt very much whether the whole of the theatrical profession would be satisfied with the hour of for the sale of chocolates. It means that in a West End theatre the sale of chocolates would not be possible at the first interval. If the Home Secretary were to accept the Amendment and to abolish altogether the restrictions on the sale of chocolates and ice creams, no harm would be done. It is not a question affecting the shop assistant at all. In the small shops there are no assistants. Hitherto it has been considered necessary to have the 8 o'clock rule in operation in the theatres because of the small shops outside. Now an hon. Member has suggested that the hour be extended to 9.30. That compromise would be a good thing, but the Amendment is a better proposal. I hope it will be accepted toy the Home Secretary. If the right hon. Gentleman cannot accept the Amendment we could take the Bill to which reference has been made.

5.0 P.M.

If the Home Secretary cannot accept the Amendment I hope he will give special facilities for the Bill we are promised. We have had a Number 1 Ice Cream Bill and I see it occupies the ominous position on the Order Paper of Number 23. If Number 2 Ice Cream Bill is to be number 24 on the Paper, I do not feel very sanguine about its becoming law, unless special facilities are offered to it. I should very much like to see the Amendment carried. It seems to have had already the effect of softening the asperities of the most teetotal characters, and it has induced the hon. Member for Consett (Mr. A. Williams) to speak kindly of port wine, which is, in fact, the best medicine in the whole world. The hon. Member for Ashton-under-Lyne (Sir. W. de Frece) has spoken for the theatres and the great cinemas, and I also sympathise with him and his clients, but many of us have large numbers of small shopkeepers among out constituents. I very much doubt if they welcome any of this legislation, by which they are cribbed, cabined and confined, and I hope to see their interests consulted, far more than those which are so strongly put forward, as, I think, by the Trades Unions—though I may be quite wrong in that respect. This subject may lend itself to humorous treatment, yet it is really a serious subject, and one seriously affecting many small shopkepers in my own constituency as in the constituencies of other hon. Members. I appeal to the Home Secretary, if he cannot accept the Amendment, not merely to give his pious approval to a No. 2 Ice Cream Bill, but to bring in a Bill and to see it passed in the interests of our gallant allies, the Italians, who are doing extremely good work in this line in my constituency.

There is another class, the very important class of the consumers, to whose interests more at- tention should be paid. I do not think it is generally realised that there is a very high food value in confectionery. This, as has been said by the hon. Member for East Nottingham (Sir J. D. Rees), is a subject which has a serious side to it, although the scintillations of his wit rather dazzled our eyes, and turned our attentions away from its serious side. May I point out, however, that in a quarter of a pound of chocolate there is nourishment equal to about twice that weight of beefsteak. Chocolate represents the theatre supper of the poor. We have recently carried Amendments to a Bill, in this House, extending supper privileges for the rich. It is worth our while to consider the other people who come long distances to attend theatres. The average age of the theatre goer is usually young, and young people do not buy food unless they feel hungry. It is all very well to say that they ought to buy the chocolate beforehand, allow it to get into a sticky mess, and pull out this unappetising mess and eat it with their fingers. There is something to be said for the point that it provides cheap, handy, concentrated nourishment. It is not merely luxury which drives people to buy confectionery, but very often the fact that they have not had anything to eat for some time previously. Therefore, I ask the Home Secretary to consider this matter from the point of view of the interests of the health of the consumers, and from that point of view it is a serious matter and not a mere joke. It is worth while to give young people an opportunity of getting food when they want it, which is when they are hungry, and not when they are just coming out for the evening, probably after a more or less heavy meat tea. I hope the Home Secretary will agree to some modification of these restrictions if only on the grounds of health.

The Committee will possibly recollect how this provision came to be in the Act at all. There always was a feeling that it was a hardship on consumers that they should not be able to buy refreshments when witnessing a performance in a theatre. At the same time, as the Committee will also recollect, a very strong case was put up on behalf of the small shopkeepers. The small shopkeepers were, as far as one could gauge, almost unanimously of opinion that if cinemas and places of entertainment, especially in the smaller districts, were able to sell chocolates and sweets during performances it would have a serious effect upon their businesses. It was entirely on the ground of fair play to the small shopkeepers that this provision was put in. It was felt to be very unfair that there should be a restriction, preventing small, struggling shopkeepers from supplying these articles after 8 o'clock at night, while permitting sales in cinemas and theatres. The matter was thoroughly threshed out in the House, and the provision is the provision of this House made after due consideration. As I understand the position now, the shopkeepers themselves are quite prepared to agree to this extension, and they are the best persons to say whether it is to their advantage or not that the restrictions should be modified. It is entirely a matter for them. I understand my hon. Friend the Member for Ashton-under-Lyne (Sir W. de Frece) is prepared to bring in a short Measure which will deal with this question. May I point out to the Committee the result of passing this Amendment? It will assist the theatre people and the cinema owners. It will enable consumers in the theatre to buy their chocolate, but it will be of very little use to the small shopkeepers. If the Amendment is passed it will enable chocolates and ice-cream to be sold for consumption on the premises, and for consumption on the premises only, and therefore the widows and the other small shopkeepers will not be benefited.

What about the public parks? There is a very large consumption in the public parks.

Whether public parks will be "on the premises" or not, I do not know. The term is, "for consumption on the premises,'' and therefore the widow in a small shop could not sell sweets after 8 o'clock to anybody, unless they consumed the sweets inside her shop. That is really not fair play to her. It may be that the Amendment will be considered better than the proposal made by my hon. Friend the Member for Ashton-under-Lyne, or that it will be regarded as something which is better than nothing at all. If, however, my hon. Friend, the Member for Ashton-under-Lyne, will bring in his Bill, enabling the shopkeeper to sell in the ordinary course of business, to anyone, to take away from the shop, that would accomplish what is required. I cannot possibly undertake to bring in a Measure on behalf of the Government, but I can undertake, as the head of the Department concerned with these matters, if that Bill is brought in, to give it all the assistance in my power. If it can go forward as, substantially, a non-contentious Measure, and without any real opposition, then I think we should be able to carry it through all its stages, and that it should take the place of the Amendment. Speaking for the Home Office, I will do all I can to assist the Bill through, as the small shopkeepers themselves appear to desire the change.

I do not want to occupy the time of the Committee for very long, but I came here specially from Wales in the hope that I might move the Amendment in my name on the Paper. I now understand it is out of order. I should like however to make an appeal to the hon. Member for Ashton-under-Lyne and also to the right hon. Gentleman the Home Secretary, who has expressed his willingness to extend sympathetic consideration to a Bill of the character indicated. I wish then to give particular attention to the question of the sale of ice cream, not from the point of view of our gallant Allies the Italians, but from the point of view of the great body of humble people alluded to by the hon. Member for Burnley (Mr. Irving). These are the people who use our recreation grounds and parks. For them ice cream is not a luxury, as it is treated downstairs in this House by the Kitchen Committee, or in the fashionable restaurants and hotels. It is a real refreshment, taken by juvenile—and also adult—cricketers, footballers and athletes, on our public playing grounds. Take the case of my own constituency. We have large recreation grounds there, and the average youngster goes out at six o'clock or half-past six in the evening, after getting what is probably the last formal meal of the day. He indulges in recreation and, as he has to get some light refreshment, he takes a 1d. or a 2d. icecream. It is a great absurdity that when the Licensing Bill becomes an Act of Parliament, as it probably will within a few days, people can go in and get intoxicating refreshments or mineral waters up to a late hour, but they cannot get the form of light refreshment to which I have referred. In London and in the large industrial towns of the North, it is a popular refreshment with those who use the athletic fields. When we have an all-night Sitting in this House, any one of us can go down and have an ice cream. We can take out a party and entertain them to ice cream in a restaurant or hotel. I put in an earnest plea for those who purchase ice cream as a real and needed refreshment, under the conditions I have described in London and other large towns.

I am not quite clear from the speech of the Home Secretary whether he is prepared to accept the Amendment or not, and if he does accept it, what effect it will have on the Bill which is to be introduced by the hon. Member for Ashton-under-Lyne. The Home Secretary said that the Amendment might be considered to be better than nothing. It does not go as far as the small shopkeeper desires. In fact it is of very little use to the small shopkeeper, but it is important, as far as the cinemas and theatres are concerned. As one who opposed the small shopkeepers, when they tried to limit the sale of chocolates in cinemas and theatres, I now want to keep faith with them, since I understand they have withdrawn their opposition. I want to see them getting what they are asking for, but I cannot see why we should not have this Amendment as well as the Bill. If we have the Amendment we can assure the theatres and cinemas what they are demanding, and if we have the Bill, the small shopkeepers will get what they require. I am merely inquiring as to whether we can have both. I am much obliged to the Home Secretary for his promise to facilitate the proposed Measure. At the same time I am very reluctant to let go a bird in the hand, in favour of a prospective bird in the bush. In the circumstances, I do not wish to allow the Amendment to slip, and I am prepared to take a risk with the Bill.

I would point out to the hon. Member that the time remaining at our disposal is very short, and we are doing our best.

Do I understand that if this Amendment is accepted it will not be possible to introduce a Bill? If not, why not have the Amendment? Does the Home Secretary say that the acceptance of the Amendment will make it impossible for the hon. Member for Ashton-under-Lyne to introduce the Measure suggested?

The suggested Bill is an alternative to the Amendment, and in pursuance of the duty I owe to the small shopkeepers, if there were not this alternative, I should have to oppose the Amendment. I have stated that the Amendment is better than nothing at all, but that is rather from the point of view of the theatre people and the cinemas. I did not want to oppose the Amendment unless there was some alternative, but there being an alternative, I am afraid I must. An hon. Member put the whole point when he said that we owe it to the small shopkeepers to see that their interests are not sacrificed, for Parliament passed this Resolution in their behalf after full discussion.

We shall not keep faith with the small shopkeepers by doing nothing for them or for the theatres and cinemas. If I could be quite sure that the Bill of my hon. Friend the Member for Ashton-under-Lyne (Sir W. de Frece) would go through, I should be quite pleased to withdraw my Amendment, but I think he is taking a very great risk indeed at this late period of the Session, in taking all the risks of this House and of another place. I do not think he ought to be surprised if it ends in nothing being done. It has been said that the Amendment does not meet the case of the small shopkeeper, but it will at least enable him to sell for consumption on the premises, and I think that practically meets the whole case. My Amendment is the best that could be done, even by a much more skilful draughtsman than myself, to remedy the thing through an Amendment to this Bill, for it remedies the whole case so far as the theatres and cinemas are concerned, it gives the small shopkeeper a large instalment of what he is entitled to, and I should have thought it would be wise to take this Amendment, and thus make sure of something. If my hon. Friend the Member for Ashton-under-Lyne, however, prefers that I should withdraw it, I shall be happy to do so.

I was led to believe that this Amendment would not give the protection which the small shopkeeper desires. We have met the representatives of the small shopkeepers, and these are the gentlemen who proposed this compromise, so that I cannot be in agree- ment with this Amendment. I consider myself pledged not to ask for a longer extension than from 8 to 9.30 p.m.

Will the Government undertake to do their best for the Bill if it is introduced?

I think that has been already stated, but I hope that the Patronage Secretary will give that assurance.

May I ask the right hon. Gentleman whether, in the proposed Bill, there are still limitations on hours, and, further, may I ask whether the person who sells sweets under this Amendment, if it be carried, is responsible if those sweets are taken out of the shop, or whether the individual who takes the chocolates out is responsible?

I should think both are responsible. The effect of the proposed Bill would be to extend to the small shopkeeper the privileges which this Amendment extends to theatres and cinemas. It would put both on the same footing, as though they were both included in this Amendment.

I know how easy it is to give an assurance at the end of a Session, as the Government have quite genuinely done, that they will do all they can to help the Bill, but could the right hon. Gentleman be more precise as to what that means? Does it mean that if the Bill succeeds in getting a place in the ballot—[HON. MEMBERS: "No ballot!"] —does it mean that the Government will introduce it as a Government Bill, or that, without a ballot, if the hon. Members who support it get a Second Beading, it will be starred?

The understanding was that if this Bill were introduced, it would be a private Member's Bill, but the Government would star it, and notice of its presentation would be given to-day. The Bill would be presented to-morrow, and, if the House so desired it could pass through all its stages on Wednesday evening, after 11.

I ask leave to withdraw my Amendment.

Amendment, by leave, withdrawn.

I beg to move, in Part IV,

(42) 9 & 10 Geo. 5, c. 99

The Housing (Additional Powers) Act, 1919.

Sections one, two, four, eleven and twelve.

11 & 12 Geo. 5, c. 19.

These Sections in the Housing (Additional Powers) Act, 1919, which automatically come to an end in 1921, are necessary to continue in order to enable the Housing Act of 1921, which passed this Session, to be carried out. Subsection (2) of Section 1 of the Act of 1919 prescribed, as a condition of grant under Sub-section (1), that the houses should be completed within 12 months after the passing of that Act, the houses in question being the houses built under the private builders' subsidy. The Act of 1921 extended the period of 12 months to a period of two years and six mouths, but to make the Act of 1921 operative, it is essential to continue the powers of Subsection (1) of the Act of 1919. Section 2 of the Act of 1919 is the Section which prescribes the aggregate amount which may be granted for subsidies under the Act. Section 11 is merely a definition Clause. Section 12 makes provision for the execution of the Act of 1919 in London, and gives the London County Council power to require the district surveyors to do the work required in connection with the granting of the certificates under the Act. Section 4 deals with another matter altogether. It increases the grant payable to public utility societies and to county councils providing houses for their own employés from a sum equivalent to 30 per cent. on the annual loan charges to a sum equivalent, during the period ending on the 31st March, 1927, to 50 per cent., and thereafter to 30 per cent. on the annual loan charges. The obvious intention of Parliament was that 50 per cent. should be paid during the period up to 1927, and in order to carry out this intention and to keep faith with the public utility societies and the county councils, it is essential that the Section in question should be continued. The whole of this is pure machinery, but it is absolutely necessary to deal with it in this form in order to enable the legislation which the House has passed to be carried out.

Amendment agreed to.

Bill reported, with an Amendment; as amended, to be considered To-morrow.

after paragraph (41), to insert a new paragraph:

Corn Production Acts (Repeal) Bill

Order for Consideration of Lords Amendments read.

Motion made, and Question, "That the Lords Amendments be now considered," put, and agreed to.

Lords Amendments considered accordingly.

CLAUSE 1.—(Repeal of Corn Production Acts.)

The Corn Production Acts, 1917 and 1920, are hereby repealed as from the first day of October, nineteen hundred and twenty-one:

Provided that, without prejudice to the general application of Section thirty-eight of the Interpretation Act, 1889, with regard to the effect of repeals—

( b ) Where on the thirtieth day of September, nineteen hundred and twenty-one, any legal proceedings are pending in England and Wales to which the Agricultural Wages Board or a district wages committee are parties, the Minister of Agriculture and Fisheries shall be substituted in those proceedings for the Board or committee, as the case may be, and the proceedings shall not abate by reason of the substitution; and

( c ) The body of persons constituted with respect to any area by the Board of Agriculture for Scotland under Subsection (2) of Section eleven of the C9rn Production Act, 1917, shall, notwithstanding this repeal, continue to exercise the powers and duties of the Agricultural Committees for that area under the Agriculture Act, 1920, unless and until the Board of Agriculture for Scotland by Order direct that such powers and duties shall be exercised by the Board, which direction they are hereby authorised and empowered to give, and the Board shall thereafter have power to constitute an agricultural committee for that area.

Lords Amendment:

After paragraph (

"( c ) All powers with respect to the destruction of injurious weeds shall continue to be exercisable as if such of the provisions of the Corn Production Acts, 1917 and 1920, as are specified in the Schedule to this Act had not been repealed but were continued in force as set out with the necessary modifications in the said Schedule; and."

I beg to move, "That this House doth agree with the Lords in the said Amendment."

The effect of this is to exempt from the repeal of the rest of Part I those particular provisions which deal with the destruction of certain injurious weeds. I was always convinced that in some way or another this power, which was destroyed by the repeal of Part I, should be re-enacted, and my intention bad been to bring in a special Bill next year to that effect. There was a reason for that, namely, that these particular Clauses were originally in a different Bill, and not in the Agriculture Bill at all. They were in the Bill called the Seeds Bill, but they were put in the Agriculture Bill because we thought it was likely to be the more important and permanent Measure. That consideration, unfortunately, 'has not proved to be well founded. I quite agree with the Lords that it is desirable that these powers should be exercised and, perhaps, it is better to do it now by exempting these Clauses from the repeal, rather than by bringing in a separate Bill. The powers required will be found set out in the Schedule which I shall have to move to agree with later on if the House agrees with the Lords in making this Amendment.

I am glad my right hon. Friend has moved to agree with the Lords. I believe that, unless he had done so, and we had disagreed, we should have been the only civilised country in the world which took no measures to get any sort of control over weeds, particularly, as my right hon. Friend has said, with regard to weeds where one man can injure his neighbour's land owing to the seeds of thistles, and so on, blowing from one place to another. I do not believe there is anything in this to which any reasonably good farmer can possibly object, and I think it is well that this small piece also should be saved from the wreckage of the Government's agricultural legislation.

The only thing I have to say on this is that it seems to me that the powers conferred under the Schedule are very much greater. If it be in order to discuss the Schedule at the same time, because it is consequential.

May I suggest, Sir, that the Schedule can be discussed fully later on?

With due respect, if we agree to this Amendment, it is no use objecting to the Schedule, because the Schedule is consequential upon this Amendment. Really, I suggest it is very unreasonable of the right hon. Gentleman to make the suggestion he has just made, especially after Mr. Speaker allowed me to discuss the Schedule. What I want to suggest is that the powers conferred under the Schedule are very much wider than the powers originally given to Agricultural Committees under Sub-section (10) of Section 4 of the Act of 1920. Is that not so? We cannot amend the Schedule, and I should have thought it would have been very much better to have introduced this in a separate Bill, so that we really could consider these powers. I do not object to them in principle at all, but I certainly do object to their being done in a manner where it is quite impossible thoroughly to discuss them and amend them. All I can do is to ask the Secretary for Scotland a question with reference to the Schedule, if I may be allowed to do so, and that is with regard to paragraph 10, which applies these powers to Scotland. It says in paragraph (3) of the Schedule:

"Proceedings for an offence under this paragraph shall not be instituted except by the Minister."

I am not quite certain what that means. How are these proceedings to be instituted? I suppose the agricultural committees, which, so far as Scotland are concerned, will be of a somewhat mythical nature, are to institute the proceedings in respect of injurious weeds. I would like that point to be cleared up, because under the Repeal Bill the agricultural committees are repealed. I again protest against the method in which this is done. A Schedule which confers very much wider powers than the original Act ought really to have been thoroughly discussed and submitted to the House in such a way that we could move Amendments to it. That could only be done by a Bill, and I wish to enter a most vigorous protest against this procedure.

I wish to support the remarks made by the hon. and gallant Member, and I very much regret that this matter should be dealt with in this way. It appears to me that you are re-opening the whole question of control. Somebody has got to lay the information, and make the prosecution, and that somebody, I understand, is the Minister. Somebody has to pay the expense of the prosecution and the costs generally, and that somebody is to be the Imperial Exchequer. Therefore, it is to be a charge upon the taxpayers of the country. The Schedule is very large, and gives additional powers. It applies to only five weeds, and all the other weeds are to be let off. When you apply it to some weeds you should apply it to all. I understand it is only to apply to those seeds that blow, such as thistle and dock. I do not ever remember seeing dock seeds blowing about, and we are going to incur great expense for very small results. The occupier is to be charged with the crime of having these weeds. You open up the big question of who is the occupier. The question will arise whether the occupiers of land adjoining the roads, or the road authorities, are liable for the killing of these noxious weeds, and I think the whole question is much too big to be dealt with in an Amendment put in hurriedly in the Lords. You are re-embarking on control, and this may lead to a very large expense to put down a small matter.

I do not desire to say anything about the Schedule as a whole except this. In substance, it is a reproduction of the existing law, and hon. Members will see a marginal note against every paragraph of the Schedule containing a reference to existing laws. I really rose to answer the pointed question put to me by my hon. and gallant Friend as affecting Scotland. His question really was why sub-paragraph (iii) of paragraph 10 should not apply to Scotland.

I asked my right hon. Friend what was the meaning of it—not that it should not apply to Scotland.

Obviously my hon. and gallant Friend is not a lawyer. The meaning of this is simply that in England these prosecutions are undertaken with the certificate, or with the consent, of the Minister of Agriculture. In Scotland, on the other hand, where we have, as my hon. and gallant Friend well knows, the system of public prosecutions, of which the Lord Advocate is the head, and of which there is a representative in each county in the person of the Procurator-Fiscal, who takes the entire responsibility of any prosecution, any such enactment as that which applies to England is wholly inapplicable to Scotland. I hope my hon. and gallant Friend will accept that meaning of the provision.

Thank you.

Question put, and agreed to.

Lords Amendment:

In paragraph (

"unless and until the Board of Agriculture for Scotland by order direct that such powers and duties shall be exercised by the Board, which direction they are hereby authorised and empowered,"

and insert

"and under any other enactment, unless and until His Majesty by Order in Council directs that such powers and duties shall be exercised by the Board of Agriculture for Scotland, which direction it shall be lawful for His Majesty".

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This and the next Amendment are purely Scottish in their application, and I can explain the meaning in a few sentences. Paragraph ( c ) of the Clause, as amended on Report in this House, empowered the Board of Agriculture to transfer to the Board the statutory duties which were imposed by the Act of 1920 upon Agricultural Committees. When this provision was under consideration on Report, my right hon. Friend the Member for Peebles (Sir D. Maclean), who was supported by other hon. Friends of mine, suggested it might be better that that transfer of duties should be effected, not by the Board as an administrative act, but by Order in Council, and that such Orders should be subject to Parliamentary control. I undertook at the time to look into the matter, and, having done so, I thought that this suggestion was one which should receive consideration. I find that Lord Saltoun, in another place, put down Amendments to give effect to that, and they were accepted by the Minister in charge of the Bill in the House of Lords. Perhaps I should mention that the Amendments in question will do one thing more. These Committees have power, under the Increase of Rent Act, 1920, to grant a certificate that the house is required for agricultural purposes in order to enable the landlord to obtain vacant possession of the house. For that purpose it was thought proper that power should also be transferred, and transferred in the same public fashion, and under Parliamentary control, as the other powers with which the Section deals. I hope, on consideration, the House will see its way to agree with the Lords in this Amendment.

I desire to thank my right hon. Friend for meeting us on this point, but may I ask one question? Will the Order-in-Council provide, not only for the transfer of the powers and duties, but will it also set out the new powers and duties which will be conferreon the Agricultural Committees? The duties, obviously, will not be the same, as I take it.

I would not like to give a definite undertaking to that effect, but I will see whether it is possible to give effect to my hon. and gallant Friend's suggestion.

Not that is at all unusual.

Question put, and agreed to.

Lords Amendment: In paragraph (

"thereafter have power to constitute an agricultural committee for that area,"

and insert

"continue to have power to constitute such bodies: Provided that before any Order in Council is made under this Section a draft thereof shall be laid before each House of Parliament for not less than thirty days on which such House is sitting, and unless both Houses by resolution approve of such draft no further proceedings shall be taken thereon without prejudice to the making of a new draft Order.'"

Agreed to.

CLAUSE 4.—(Establishment of voluntary joint councils of employers and workmen in agriculture.)

Whereas it is expedient that joint conciliation committees representative of persons employing workmen in agriculture

(10) In this Section—

Lords Amendment:

After the word "that" ["Whereas it is expedient that"], insert "local."

Agreed to.

Lords Amendment:

After the word "persons" ["representative of persons"], insert "whether owners or occupiers of agricultural land."

I beg to move, 'That this House doth agree with the Lords in the said Amendment."

I do not think this Amendment makes very much difference in or out. In any case, the words of the Lords Amendment are governed by the following words in the Clause, "employing workmen in agri- culture." There never was any intention to exclude an owner from being a member of a Conciliation Committee, provided always he was an employer of labour. It is quite clear that an owner is not debarred if he happens also to be an employer. I think the wisest course is to agree with the Lords.

Question put, and agreed to.

Lords Amendment:

Leave out the words "or conditions of employment,' and insert" of labour."

I beg to move, "That this House doth agree with the Lords in the said Amendment."

The Conciliation Committees as originally proposed would have dealt with wages, hours, and conditions of employment. In another place it has been, proposed to leave out the words "or conditions of employment." Here, again, I do not think there is really very much between us. I put it to some of my hon. Friends on the Labour side as to what would occur if we left out these words, and I was not able to ascertain that anything would, or that there was anything material that was not covered by the words " wages or hours." For example, there is the question of the Saturday half-holiday, a very important thing, and I should be very sorry to see it done away with. But that undoubtedly is covered by hours. Take the question of allowances, what are sometimes called perquisites, potatoes and so on, which are reckoned as part of wages. That is covered by wages. There is uncertainty in putting in the words "or conditions of employment." I have looked up the original Act, the Corn Production Act, by Part II of which the Wages Boards were set up. These words do not appear there. I think our best course, therefore, will be to agree with the Lords. The Conciliation Committees will have plenty to do, but I think they will be able to do all that is necessary if they deal with wages and hours.

I am in opposition to the proposal of the Minister. He has endeavoured to tell us that there is nothing in these words. Then why were they inserted in this Clause. This sort of thing creates within us on the Labour Benches a sort of suspicion. The right hon. Gentleman shakes his head, but we are not responsible for such suspicion, but the right hon. Gentleman himself by his action. The suspicion created is that there is something behind this Amendment. Take the Saturday half-holiday, for instance. Some employers may wish to make new conditions of employment and abolish the half-holiday, and say that no one has any right to interfere with them. There is, too, the matter of agreements, and we think there is considerable danger in some of the aspects of this matter. The Clause in the Bill as it left this House meets the case. It is very plain, and does not require alteration.

I believe the balance of argument is in favour of my hon. Friend who has just spoken. I cannot help thinking that questions such as whether milk or potatoes, or the enjoyment of a cottage at a certain rent, is or is not going to be an equivalent for a certain wage, and whether, in consequence, a man enjoying these benefits or advantages may have less wage paid to him, should come under review. The position is better described by the phrase in the Bill as it left this House, "or conditions of employment." I am rather sorry therefore my hon. Friend has moved to agree with the Lords. He knows as well as I do that when these Bills, which have been passed by Parliament come to be interpreted, the legal gentlemen, the judges, have no regard to what we say here. They simply have regard to what is in the Bill. Sometimes, as it seems to us, rather narrow interpretations are given. I should be glad if my right hon. Friend would see his way to reconsider the matter. If it is divided upon I shall vote against the Motion.

I hope the Minister will adhere to his Motion to agree with the Lords, and for this reason: On looking through the Bill my recollection is that these Conciliation Committees, if there is a unanimous vote, have the power, through the Minister, to enforce agreements as to rates of wages. They cannot in any way interfere with conditions of employment. The idea that the Bill is being weakened is illusory, because the only thing that can be enforced, when the Conciliation Committees agree, is the rate of wages, and that is not touched by this Amendment. Surely, we ought to leave as much as possible to the Conciliation Committees, and to give them no lead of any sort. You should trust these committees. We have got on them representatives of labour and employers. It is true they have no agreement about the conditions of employment and housing, and there are hundreds of other things that you could not impose upon a bad employer. But public opinion can impose a good deal upon the man who wants to stand out and be rather the black sheep amongst his fellows. I suggest the Committee should be left an entirely free hand, so that they may be able to discuss local needs which they understand so much better than we do.

I cannot agree with my right hon. Friend. The one thing which we wish to prevent is the removal of the words in the Bill and the substitution of other words for them. It will undoubtedly narrow the Clause. On that ground, and that ground alone, I shall support the opposition of my hon. Friend below me.

May I just say, in reference to the remarks of my hon. and gallant Friend the Member for Fylde (Colonel Ashley), that they are very, very much to the point. It is just the case we want—to leave the path open to these Conciliation Committees, and to hear their recommendations. Beyond the compulsory powers, it is desirable to leave the committees as wide a scope as possible for general discussion, and not to narrow it, as we must inevitably do, by agreeing with the Lords Amendment. The hon. and gallant Gentleman has made a speech which exactly, and very much better than I, makes my point in opposition to the course of the Government.

There is nothing whatever in the Bill, as amended, to prevent the Conciliation Committees by agreement, dealing with all these things, though they will not have the right, or anyone have the right, to enforce them. It is far better that statutory powers should be confined to those things which are important, such as wages and hours.

I am afraid the right hon. Gentleman does not seem to understand really the work of the Conciliation Committees. It is not only a question of dealing with those things he has mentioned, but also of dealing with conditions of employment. Although you may be able to fix wages, conditions of employment may be bad for the people who have to work for those wages.

They can deal with that, but they cannot enforce it. May I further point out that the Wages Boards disappeared when these Conciliation Committees took their place, and they had no such power of dealing with the matter suggested.

6.0 P.M.

I know that this matter is in its infancy, but we believe that the efforts of the Conciliation Committees should be directed to the establishment of a good relationship between employers and men, and that is why we are suggesting no narrowing of the scope of the committees. We want to lay the thing down on a sound basis, because I am of opinion that in a very short time this matter will develop into Whitley Councils, which are going to be a great thing, I hope, for this country and for our industrial system, and will not simply deal with wages and conditions of employment. I know in the trade with which I am connected that we have got these Whitley Councils, and we deal with matters of scientific education, housing, health of the people, statistics, imports and exports, and so on, so that those on the workman's side will understand quite as much about the commercial aspects and the trade side as do the employers. We want this thing established on a sound basis, so that the agricultural labourers will not only take an interest in the industry of agriculture so far as their wages alone are concerned, but in that development of industry in all its aspects, which is of interest not only to the agricultural industry, but to the nation. I hope that the Minister will not accept the Amendment inserted by the Lords. They have some object in view, or they would not want to change these words.

I desire to protest against the alteration which has been suggested in another place. After all the talk about conciliation and the good relationship which has obtained between the farmers and the workmen, I think we are going the wrong way to continue this state of things by introducing such a proposal as this. What is more calculated to upset a workman than to feel that while his employer cannot increase his hours or reduce his wages, yet by a thousand and one other ways he can place the labourer at a great disadvantage without violating the agreement. The Clause as it stood gives power to the Conciliation Committees to meet and deal with 'these matters, and if the men feel that their conditions are being altered to their detriment they can appeal to these Committees which consist of representatives of both sides, and then they can decide what should obtain. That is the best way to proceed. This alteration makes the provision very narrow, and it will allow the bad farmer at any rate who wants to put the meanest interpretation on the Clause to take advantage of his workmen. The good farmer, of course, will put the broadest interpretation on it, but all this creates bad feeling, and I wish to enter my protest against this alteration being made. I hope the Minister will agree to refer this matter back to the Lords for their reconsideration.

I cannot help thinking that to omit these words in the Clause will be equally as fatal for the employer as the worker. In any event, the Conciliation Committees must take into account the conditions of labour before they can determine the wages and the hours. The Minister of Agriculture has admitted that there is nothing to prevent the Conciliation Committees dealing with these matters. If it is so, these words cannot possibly do any harm, and they must do a great deal of good. Therefore their omission from the Clause must be subversive to the proper working of the Conciliation Committees. I agree that those who sent this Amendment from another place must have had an object in view in doing so, and I beieve that object must have been to prevent the Conciliation Committees from dealing with these matters. For these reasons I hope the Minister of Agriculture will reconsider the point, and it cannot do any harm to leave the words in.

These words are taken from a Sub-section in the Railways Bill dealing with the same question, but obviously the questions Conciliation Committees will have to deal with in dealing with employment on the railways are totally different from those which arise in connection with agricultural labourers. Personally, I do not think it makes the smallest difference whether the House agrees with the House of Lords Amendment or not, because the omission of these words will make no difference to the working of Conciliation Committees. In the first place, their powers as regards the legal enforcement consists only in dealing with wages, and to a certain extent laying down a certain wage for a certain definite number of hours, and beyond that they have no power whatever. They can deal with conditions of employment as well, but if hon. Gentlemen opposite see any objection to the House agreeing to the Lords Amendment, for my own part I see no reason whatever why we should not disagree with it.

I hope the Minister of Agriculture will see his way to alter his mind about agreeing with this Lords Amendment. Some men are paid by the week, some by the year; some have a cottage, and some are without. Some of the men have a potato patch, and other men have nothing at all. Those conditions vary in different parts of the country, and it would be a great mistake to leave out those words if any importance is attached to them. I think this Debate has already shown that a certain number of hon. Members attach great importance to those words, and I sincerely trust that the Minister of Agriculture will alter his mind and disagree with the Lords Amendment.

On these matters I always desire to meet the view of the House, but in this particular case I think it is rather a storm in a teacup. Personally I do not believe it makes a pennyworth of difference whether the words are left in or left out. I may say that I have consulted leading trade unionists on the point, and their view is that it makes practically no difference. As there appears to be on all sides a desire to have the words left in, I shall be quite willing to allow my Amendment to be negatived, and then the result would be that the House would disagree with the Lords Amendment.

Question, "That this House doth agree with the Lords in the said Amendment," put, and negatived.

Lords Amendments:

In Sub-section (1), leave out the words "adapted for securing," and insert" calculated to secure."

Leave out the word "thereof," and insert" of such committees."

In Sub-section (2) leave out the word "form," and insert "be."

Leave out the word "whom," and insert "which."

Agreed to.

Lords Amendment:

At the end of Sub-section (2) insert the words

"An organisation" by which any person who is a member of a district wages committee at the date of the passing of this Act was nominated as such may at any time before the first day of November, nineteen hundred and twenty-one, appoint another person to act in the place of that person as a member of the joint conciliation committee."

Amendment made to Lords Amendment: Leave out the word "November," and insert instead thereof the word "December."—[ Sir A. Boscawen. ]

I beg to move, "That this House doth agree with the Lords in the said Amendment, 'as amended."

When the Bill left this House, I promised that I would reconsider this matter with a view to making the alteration required in another place. It has been reconsidered there, and this new Subsection really takes the place of the old Sub-section (3) and it will have a very different effect. It merely says that in regard to the Interim Committees, which consist of the existing representative members of the District Wages Committees, that the organisation which appointed their representatives on the District Wages Committees originally should have the opportunity up to a certain date, namely the 1st December, of replacing any of the existing members. They can do it once, and that only up to a certain date. That is a very different proposition from the one contained in the Bill when it left this House.

The House may ask, why is it necessary to have this power? These Conciliation Committees consist of representative members of the old District Wages Board. They were appointed some time ago for a perfectly different purpose to that which they are called upon to do now. The old Wages Board had appointed members. The two sides may have appointed rather extremist members, or at all events fighters, each of whom will put his case as high as possible. I understand that the farmers' organisations and the labourers' organisations wish to have the opportunity of replacing any of their members on the new Conciliation Committees during the next few months. I think it is a reasonable request, and one which will lead to making the personnel more adapted for conciliation. It is a reasonable arrangement and I hope the House will agree with the Lords Amendment as amended.

I think the Amendment improves the Bill. It does give what is necessary, that is, some power to readjust the personnel of the District Wages Committee which will carry on until the new bodies are formed. But in consideration of the fact that the District Wages Committees were appointed some time ago and were for a rather different purpose to that they will now be asked to carry out, I think it is a reasonable steering between two possible difficulties, and it certainly is a considerable improvement.

Question put, and agreed to.

Lords Amendments:

Leave out Sub-section (3).

In Sub-section (4), leave out the words "such committee as aforesaid," and insert "joint conciliation committee."

After the word "agreement' ["exemption is provided by the agreement"], insert "and has agreed as to the period, whether a specified period or a period terminable by notice during which the rate is to operate."

After the word "may" ["may submit the agreement"], insert "if the committee so desires."

Agreed to.

Lords Amendment: In Sub-section (4), leave out the words "the same and the date from which and the period for which it shall," and insert "particulars of the agreed rate and the agreed period and the date (being such date subsequent to the date of the advertisement as the Minister may determine) from which the rate is to."

I beg to move, "That this House doth agree with the Lords in the said Amendment."

There is one new feature, I would point out to the House, which gives the Minister the right to determine the date as from which the rate of wages agreed upon shall operate. That is necessary from a practical point of view, because the Minister must be given time to register and advertise the agreement.

Question put, and agreed to.

Lords Amendment:

At the end of Sub-section (5) insert

"provided that wages shall not be recoverable under this Sub-section unless proceedings for such recovery shall have been commenced before the expiration of three months after the date when the wages became due or in respect of a period exceeding six weeks."

I beg to move, as an Amendment to the Lords Amendment, to leave out the word "three" ["expiration of three months"], and to insert instead thereof the word "six."

I do not know why it has been found necessary to place a period in this Clause at all. In the Clause as originally drawn there is no time restriction, and I can conceive quite a number of circumstances under which a man would be prejudiced if he were forced during a period of three months either to bring his claim or to lose any claim he may have had. He may have been living and serving under such conditions that it would be impossible almost for him to bring forward his claim. I am quite sure there could be no great evil result from substituting six months for three months. That would give a man what I think he is entitled to, a reasonable opportunity of saying whether he will bring his claim. I do not understand why it has been thought neceesary to insist that a man should prefer his claim within three months. It is a most unusual provision which is not applied to the ordinary affairs of life, and by it he may be debarred from putting in a very legitimate claim.

I beg to second the Amendment to the Lords Amendment. I was inclined to ask my hon. Friend to move disagreement with the Lords Amendment. I have had 25 years' experience of work of this kind and have known of many cases where men have been totally unacquainted with what is due to them. I sincerely hope, having regard to the experience of those who have to deal with trade union work, the Amendment of my hon. Friend will be accepted. We can, I suppose, deal at a later stage with the question as to the period in respect of which a claim may be made. I submit there is no reason why the Statute of Limitations of six years should not apply in these cases as it does in other trade union matters of a similar kind.

I hope the Government will not accept this Amendment, as the result would be that nobody would know where they stood. If a man could not take the trouble to find out in three months what was the decision given by the Wages Board then he ought to suffer any loss resulting there from. I hope the Government will not give way on this point.

I do not think the House quite realises the effect of this Amendment. This period of three months only commences after the man has left his employment, because the provision is that it shall be three months after the date when the wages became due. Wages become due every week and therefore it can only be three months after a man had left his employment. I intend later on to propose a verbal Amendment to make this more clear and I shall ask the House to insert before the word "wages" (when the wages became due), the word "latest." That will make it quite clear that a man must commence proceedings within three months from the time he gives up his employment. I think my hon. Friend under these circumstances will agree that this is a very reasonable proposition. You have to take into consideration the case of a man who by private contract has been receiving less wages than the general rate and who, having left his employment, subsequently makes up his mind to apply to the Court on the ground that the contract into which he entered was not a fair bargain. Where a, man has already agreed with his employer and the employer has paid him for six months, if after that he leaves then within the limited period of three months he is to be called upon to make up his mind whether he is going to sue his employer or not. That is the effect of the Amendment. I am in favour of giving the man a right to sue. I think that notwithstanding the fact he has made a private bargain, he may have been imposed upon by his employer and therefore I have given him the right to sue, but I also think that the employer can reasonably ask that if a man has left him for a longer period than three months, and has not sued him, then he should consider himself quite free. I hope in view of the Amendment I have intimated I intend to propose the House will agree with the Amendment made in another place.

I think my right hon. Friend's explanation of what he intends to do has put an entirely different complexion on the matter. It is reasonable, if a man has left his employment, that he should make up his mind within three months whether he is going to bring an action against his employer to recover wages. Employers have to make up their accounts, and they ought to be told whether they are going to be brought into Court. Under the circumstances I think the three months is a sufficiently long period. What I was afraid of was that the Amendment would mean that, where in spite of a definite legal rate having been established, the employer insisted on paying a lesser rate, the worker would forfeit his right to get the full rate paid to him unless he brought his action before the expiry of three months from the first day, but my right hon. Friend's explanation has shown that that is not the case. Such a provision would, of course, put the workman in a very difficult position, because the moment he tried to get the full rate of pay he would be well aware he would be sacked. It is only right there should be a limitation of time after the termination of the employment within which the action should be brought, and I think, under the circumstances, the proposal of three months is satisfactory. Of course the point still remains in regard to how long a period he may sue, but we shall come to that later on.

I am not quite satisfied with the explanation given by the Government. I can conceive a bargain being made by the Conciliation Board, or by a man's association, and yet that man working for three months for a lesser wage than had been fixed. Supposing it comes to his knowledge only after he has been working at that lesser wage for three months, that he is entitled to a higher rate, will he be prevented when he leaves his employment suing for all the weeks during which he has not been receiving the amount of wages fixed by the Conciliation Board? That is the difficulty in my mind. I want to make sure that when a man does leave his employer he should not be debarred suing that employer for the number of weeks in which he did not receive a proper wage.

I think we might have an answer on that point. What I understand my hon. Friend to ask, is this: Suppose the man has been at work for four months before he discovers that he is entitled to a higher rate. When he leaves his service, will he be debarred from suing for more than three months' arrears?

I have answered that. It does not matter how long the man has been at work, if he brings an action and commences proceedings within three months of the latest date at which his wages were due, and that would be the last week during which he was in that specific employment.

Will the man be able, after he has left his employment, to sue his employer for the full number of weeks during which he did not receive the agreed wage?

That arises on a subsequent Amendment dealing with the period for which a man can sue.

I beg to ask leave to withdraw my Amendment.

Proposed Amendment to Lords Amendment, by leave, withdrawn.

Amendment made to Lords Amendment: After the word "the" [ "when the wages became due" ], insert the word "latest."—[ Sir A. Boscawen. ]

I beg to move, as an Amendment to the Lords Amendment, to leave out the words "or in respect of a period exceeding six weeks," and to add instead thereof the words "and that not more than six weeks' wages shall be so recoverable."

The words which I propose to leave out were not very well drafted. I do not want to prejudice the right of hon. Members to object to the words "six weeks" if they desire to do so, and there- fore my Amendment is so drafted as to leave the question of the period of six weeks open.

If that be accepted, will it be in order to move to omit it, so as not to limit the period for which a man may recover wages?

The Government Amendment is to leave out all the words after "due" ["when the latest wages become due"], and to insert "and that not more than six weeks' wages shall be so recoverable." The House could leave out the words as proposed, and then refuse to insert the other words.

Question, "That the words proposed to be left out stand part of the Lords Amendment," put, and negatived.

Question proposed, "That the words' and that not more than six weeks' wages shall be so recoverable ' be there added to the Lords Amendment."

This is a most important point, and I am glad that you have helped us to get it so clear. The question that arises is this: If an employer insists on paying less than the legal rate of wages, why should you limit the term of the wages which a man can recover, although he has not to take steps to recover the balance which ought to have been paid until three months after he has left his employment? Suppose that he takes his action a month after he has left his employment, and proves that his employer has been underpaying him say, for the whole of the year. Although, in spite of his remonstrances, his employer has continued to underpay him for the whole of the year, the man knew perfectly well that if he pressed the matter, and brought an action or gave notice, he would be quite unable to find any other house in which to live anywhere in the parish, or any other employer to give him a job. As the Amendment stands, it proposes that, however much this may be the case, and however much, therefore, the man may be constrained by pressure of circumstances—since he is not really a free agent, having no place in which to live except this cottage provided by his employer—he shall, in these circumstances, when he brings his action, only be able to recover just the six weeks' difference between the wage actually paid and the statutory wage that is due. It is really almost unthinkable under ordinary agricultural con- ditions. I should like to leave it as it now stands without inserting anything, and to say that, if a man has broken the law and underpaid his employe, and if the employe brings his action within a reasonable time—which we have already passed—he shall be able to recover the amount underpaid for the whole period during which the under-payment has taken place. I should be very unwilling to agree to any limitation of the period. If any limitation has to be made, the shortest period should be six months or a year, but when one really thinks how hopeless these men often will be of getting any sort of alternative employment and how they will be bound to exist under the statutory arrangement rather than find themselves and their wives and families out of a home and without any other chance of getting employment, it seems to me to be very hard lines to limit the period during which they may recover arrears to the miserably short period of six weeks, and I hope that the House will, at any rate, not come to that conclusion.

I desire to oppose the insertion of any other words at this stage. No other words are really necessary. Why should a six weeks' limitation, or any limitation at all, be placed on the period during which a man can claim for something that is due to him? I feel sure I can appeal to my hon. Friends opposite to help me in this matter. I know that what they say will have very great weight with the Minister, and, if I can secure their assistance, I feel sure that we shall get these objectionable words removed. I think the Minister in all probability is softening in the matter, and I hope he will himself, without further discussion, announce that he is prepared to leave out these, very objectionable words, so that no limitation may be placed on the period during which a man can claim that which is due to him

In this matter we must be practical, and must agree that there must be some limit to the amount of wages which can be recovered, and to the time during which a farmer or employer may feel that he is liable to pay up back money, when he may have been paying what he has paid in good faith. I think there should be a statutory limitation, and, indeed, the law recognises such a limitation already in other cases. That being so, what we have to consider is the period of time which should be inserted I agree with hon. Gentlemen opposite that six weeks is obviously too little, in justice to the agricultural labourer, who, as the right hon. Gentleman the Member for Cam-borne (Mr. Acland) has stated, often works under rather difficult conditions. Personally, in order to enable the farmer or employer to know that he has not an indefinite liability, I would suggest six months. I think that that is a good long time over which to be liable to pay up back wages, if anything has gone wrong, and in order that we may get on harmoniously, as we have up to the present, in considering this question generally, and the Amendments of the other House in particular, I would appeal to hon. Gentlemen opposite to agree to a period of six months. That would be doing no substantial injustice to the labourer, and would enable the farmer to know where he is.

I hope that the Minister and the House will not agree to the suggestion that the period be six months, but that, as I have previously urged, the Clause will be allowed to stand as it is. No reason whatever has been adduced to the contrary up to the present. We have already agreed to three months as the time within which the action must be commenced. The hon. and gallant Member for Fylde (Colonel Ashley) asked us to be practical, but the practicality with regard to this question is, and must remain, that the man should have the protection of the law. If any farmer in good faith has made a mistake, he will certainly pay up the amount that is due to the man in wages. This provision is only for the purpose of dealing with a farmer who has taken an undue advantage of the conditions that may surround the labourer whom he has engaged. I do not profess to know much about agricultural conditions, but there is no reason why that industry should be marked out for any such treatment. If the man has this right of action against his employer, he should not be limited in this way. He is already limited to bringing his action within three months, and I appeal to the Minister not to press this Amendment limiting the recoverable time to six weeks.

I have been wondering what exactly is the reason for this limita- tion of the period to six weeks, or even six months. The hon. and gallant Member for Fylde is much more generous than the Minister in suggesting six months, but still he did not give any reason why there should be a limitation at all. He did say that the farmer should have some guarantee that there should not be an indefinite claim, but so should the man have a guarantee against being underpaid for an indefinite time. In actual practice there is no limitation in these matters in other industries. It may be said that the agricultural industry is an exceptional one, and I admit that it is in many respects, but in practice I think it is true that under the recent Act there has been no limitation of the period for which a man could make a claim. If that has worked out to the satisfaction of those who have been working the recent Act, it seems to me that there is no ground for a limitation of six weeks or six months, or any period at all. I would ask the Minister if it is not a fact that in actual practice there has been no limitation of the period for which wages could be claimed under the recent Act, and, if that has worked out satisfactorily, as I submit it has, there is no reason at all for the limitation now suggested.

I feel that there is a great deal to be said against putting any limitation upon the period for which wages may be recovered. Of course, it was absolutely necessary to put a limitation upon the time within which proceedings should be taken, and for that reason I was obliged to agree generally to the Lords Amendment. But I was a little doubtful about these particular words, as is shown by the fact that I have myself moved to amend them. Provided that we have, as is now the case, this limitation of the time within which proceedings can be commenced, I do not propose to press the further point.

Question," That the words 'and that not more than six weeks' wages shall be so recoverable 'be there added to the Lords Amendment," put, and negatived.

Lords Amendment, as amended, agreed to.

Lords Amendment:

In Sub-section (6), leave out the word "agreement" ["nothing in any agreement for the employment of a workman"], and insert " contract"

I beg to move," That this House doth agree with the Lords in the said Amendment."

May we have a legal opinion on this? Is it really only a distinction without a difference? Are all customary agreements—verbal and not written—between master and man really contracts? Does this in any way narrow what all of us think ought to be the scope of the Bill, namely, that it should apply to all the ordinary customary forms of agreement or contract? I do not know whether this is the right word by which to describe such agreements between master and man, however informal they may be, and even though they may be merely verbal. Are they legal contracts, to which the Bill, therefore, would apply?

I think the Amendment was moved because the right word to use there would be the legal term "contract," which was within the contemplation of the Sub-section at that time, because we had come to a part of the Bill where a right is given in respect of an agreement which has been entered into.

Question put, and agreed to.

Lords Amendments:

In Sub-section (6, a), leave out the word "agreement,"["is satisfied that the agreement"]and insert " contract."

Leave out the word "agreement" ["special terms of the agreement"], and insert "contract"

In Sub-section ( b ) leave out the word "made" ["where on an application made"], and insert "by either an employer or a workman."

In Sub-section (7), leave out the words "any such committee as aforesaid," and insert " a joint conciliation committee."

Agreed to.

Lords Amendment:

Leave out the words

"or may agree to such an appointment being made by any Government Department or other body, and a chairman may be appointed with or without power to vote, and with such other powers as the committee may determine,"

and insert

"without the power to vote except in respect of any particular matter in respect of which the committee agrees that the chairman shall have the power to vote."

I beg to move, "That this House doth agree with the Lords in the said Amendment."

As the Bill left this House it was possible for the Committee by agreement to appoint an independent chairman, either with or without a vote. In Committee in another place they took out the words "with a vote"; in other words, they agreed that an independent chairman might, only be appointed if he had no vote. They pointed out that an independent chairman without a vote can often exercise a great influence which would be very valuable, and if he had a vote generally it might impair his reputation for impartiality. It was suggested that the better plan was that the chairman should never have a vote, but, if necessary, an independent arbitrator might be called in. On the Report stage a further change was made, and the Clause came to the position in which we find it now. It lays down that the chairman should not have a vote, but that there should be given to him power to vote in respect of any particular matter in respect to which the Committee agrees that the chairman should have power to vote. That is to say, they should not give him a general power to vote, but that in respect of any particular question that arose on which there was a difference of opinion they could give him a vote ad hoc, so to speak, for that particular purpose. I think that is a very reasonable plan, and we should do well to adopt it.

Question put, and agreed to.

Lords Amendment: In Sub-section (10, a ), leave out the words "or woodland."

I beg to move," That this House doth agree with the Lords in the said Amendment."

This is a definition of agricultural labourer which I accepted subject to verbal alteration and reconsideration. It reproduced an old defiintion which appears in the Corn Production Act and which was applicable in the case of the Agricultural Wages Board. I agreed to the inclusion of words to make it quite clear that all persons engaged in dairy farming should be included in the definition; but some of my hon. Friends pointed out that the word " woodmen," which connotes men employed in woodlands, went too far, because men employed in woodlands are not really agricultural labourers in the strict sense of the term. They are very rarely employed, if ever, by tenant farmers. They are nearly always employed by landowners, many of whom are not farming in the ordinary sense, and they have a special kind of work, and very often landowners give employment in the woodlands largely for charitable reasons, in order to find work for unemployed men during certain periods of the year when otherwise they would be out of work altogether. We did not wish to interfere with that at all, but I do not think it can be reasonably contended that work in the woodlands is agricultural labour in any real sense. Therefore I think the words should be excluded from the definition of agricultural labour.

I am sorry to disagree. I know as a fact that a great many people who are getting on in, years are employed in woodlands for charitable reasons, but I cannot think that these conciliation committees will not be able to deal with this class of case, and to make reasonable exceptions for them just as they will deal with exceptional cases of persons employed in agriculture strictly not as agricultural labourers. I do not "think it is a matter of very first-class importance, because landowners who are doing much in the way of woodland employment are being so rapidly squeezed out of existence by the other actions of the Government, and forestry, if the Government has its way, will so rapidly be squeezed Out of existence altogether, that in a few years' time there will be practically nothing done in woodland employment by anyone except the war profiteer who (has just come into an estate which he will very likely get tired of and give up after a short time, and whether they come under the conciliation committees or not, it will not be possible for any landowner in the old sense of the term to continue to give much employment in his woodlands if he can possibly help it. But after all, employment in woodlands is very much of the same nature as employment in agriculture, and I think on the whole the balance of argument is in favour of keeping this word in. It is not quite the simple question it seems. The Farmers' Union undoubtedly want these conciliation committees to consist solely of their representatives on the one hand, as representing the employers, and the representa- tives of the two unions on the other hand which represent the workers. The landowners, I think not unreasonably, would like to have some sort of representation in consideration of the fact that they employ persons to whom the definition of agricultural labourer extends, namely, woodmen and others.

I am one of those old-fashioned people who think that the representation of the landowners on these Conciliation Committees in moderate and reasonable numbers will be a unifying and useful influence; but if you cut woodland employment out altogether the case for getting something like reasonable representation of the person who employs the persons in the woodlands, namely, the landowner, is gone altogether. There will then be no power of resisting the claims the Farmers' Union makes that the representatives on the employers' side shall be simply the nominees of the Farmers' Union, and no one else. As long as woodland workers come under it the agricultural owner can reasonably ask that he should have some sort of representation, because it is the wages and the hours of the woodland workers which are concerned, as well as the wages and hours of the agricultural labourer strictly as such. I want to strengthen the hands of the landowner in getting representation on the Committee, and therefore I want to include within the definition of "agriculture" the bulk of the persons whom he ordinarily employs, who are woodmen. It is a fact that in many cases men change about, and on a general estate staff one sees a man one week felling a bit of timber, and the next week cleaning up fences and ditches, and so on, which is agriculture. I do not think it is at all reasonable that people should chop and change, having a statutory wage one week and a voluntary wage the next. I think it is better to make your distinction between gardeners, on the one hand, who generally remain gardeners all the year round, and your woodmen and the general estate staff who are engaged in work very near to that of agriculture, and should remain under the definition of agriculture as they were before. At any rate, I cannot see that, just because we are passing this Bill, it becomes reasonable to make the change. I think if it was right that woodland workers should be included in the agri- cultural workers before, the balance of argument is that they should continue to be so included.

I must oppose the Amendment because it will affect a large number of men. I know of my own knowledge that a large number of estate owners, who are also farmers themselves, employ men who are called woodmen, and they do work in the woods part of the time, and they are also doing agricultural work on the farm a part of their time. If you exclude woodmen you will narrow it down, and you will be doing an injury and an injustice to a very large body of working men. They are employed in the winter very largely in the woods cutting down timber and then in the summer they take themselves on to the farms wherever they can get work; but they still remain under the category of woodmen because they go back to the woods again. Therefore you will be depriving thousands of these men of the benefits which this Act proposes to bestow upon them, and instead of good feeling you will be creating a good deal of ill-feeling by enabling an estate owner to get a great deal of his good work done a great deal cheaper than he ought to. I can do nothing but utter my protest against it.

I should like to support the Government. There is a point which hon. Members opposite have not realised. There are many counties where you have a large amount of underwood, and men are turned on to cut it in the winter. They are not employed in many cases by landowners at all. A small man buys a piece of underwood and employs someone to cut it for him. The price paid depends on the value of the wood to be cut, and it is all done by piece after minute examination by the man who is going to cut it and the man who is going to employ him. How can you ask the Conciliation Committee to go into all that sort of thing? It is absurd. All these things are done by mutual agreement. It is not timber which always gives a large amount of employment in winter. It is this underwood cutting which is most important to the kind of man they are thinking of. To bring all the Conciliation Committees in to consider little questions between the man who is cutting it and the man who is employing him is absurd, and I strongly support the Government.

7.0.P.M.

I represent one of the largest agricultural constituencies in England, and in which probably more people are employed in wood-land work than in any other part of the country. I am not quite sure that the Minister for Agriculture stated the case for the excision of these words correctly. It is not true to say that no agricultural labourer employed by a tenant farmer is employed in woodland work. In Sussex, I believe in Kent, and also in Surrey, a very large number of agricultural labourers employed by tenant farmers in the summer are employed in the woods in winter. In many districts in Sussex as many as 90 per cent. of the agricultural labourers who work on the land in the summer are working in some capacity in the woods during the winter.

As I understood the right hon. Gentleman's argument, it was that agricultural labourers were not employed by tenant farmers in the woods.

My argument was that no tenant farmer employed men in the woods. It may be that men employed by tenant farmers in the summer are employed by the owners of the woods in the winter. But that is different.

So far as Sussex is concerned, it is not different. In my own neighbourhood no less than three people who are tenant farmers have purchased the woodlands from the local land owners—

No, the right hon. Gentleman does not understand. Perhaps he will allow me to explain the system. In the South of England, in Sussex and in Surrey, it is the custom for the local owners of the woodland to put up their woodlands-not the ground but the growing underwood for sale. These are purchased in many cases by tenant farmers, and are cut by them. I can mention three such cases in my own neighbourhood, and it is not true to say that no tenant farmer employs men in the woods. Therefore, what my right hon. Friend said was not strictly accurate, but I think the arguments for the excision of these words are on the whole greater than those for keeping them in. I was quite unable to follow the argument of the right hon. Member for Camborne (Mr. Acland)-I do not often have the advantage of hearing him and possibly that was the reason. He started by saying that he was in favour of including the woodlands because the men employed there were largely employed by the landowners and others. Then he said that within a very few years' time-no one would be employed in the woodlands at all, because nobody but a profiteer would be able to afford to employ them.

There is a great deal of cutting of woodland for commercial purposes. In Surrey and Sussex we have still a very extensive industry in what is known as wooden hoop-making. Woodlands are purchased by local buyers and are cut by them. They employ highly skilled workmen, who manufacture the hoops. Other people send to the woods to cut particular kinds of small hazel and chestnut for making, the chestnut palings, walking sticks, umbrella sticks, etc. For years we have had in West Sussex and in Surrey quite an organised industry in the woodlands. In every case the men employed in those woodlands have received far better wages; than those in the ordinary industry. Mr. William Cobbett referred to the woodlands in his "Rural Rides." As the House will remember, he was a Radical of the most advanced school—he would not be of such an advanced school in these days. I think he would simply approximate to my hon. Friend opposite, who so valiantly champions the cause of the Armenians, and is rather of the old-fashioned type. In the days in which Mr. Cobbett lived, however, he was looked' on as an advanced Radical. After making some very derogatory remarks about the landlords in West Sussex, in which-he referred to an ancestor of mine, who appeared to have had no great justification for coming into the world, he spoke-of the great value to the agricultural' labourer in winter time of this system of' wood industry in West Sussex. He said the agricultural labourer was enabled by it to earn very much higher wages than he could get in the fields, and that he thought he was economically very much-better off than the agricultural labourer in the fields. If that was true, then I believe it is true "to-day. As far as that class of wood workers are concerned, they can make just as good a bargain with their employer if left out of this Bill as if they are put in. With regard to the other men who are employed in the woods by landlords, the right hon. Gentleman the Member for Camborne admitted-and it was a valuable admission-that there were a number of old and infirm men, State pensioners and others, whom the landlords employed in the woods largely as an act of charity. They will be just as well off if they are left out as if they are put in the Bill. Therefore I think, on the whole, the balance of argument is in favour of the course suggested by the Government.

I was hoping from the preliminary remarks of the Noble Lord (Earl Winterton) that we should get sufficient support from him to induce us to go into the Lobby in opposition to the Minister, but he changed his opinion very much towards the end of his remarks. With regard to the case where men work in the woods on piece—work there is nothing in the Conciliation Committee that will prevent them doing that or continuing to work by the piece. Therefore it would have no relation to piece—work. In that respect I think nothing would be specially gained by the exclusion of the woodlands, and so I think the Minister might indulge us so far as to include the woodlands. There is a certain element, at any rate, where it impinges on the purely agricultural part, and I hope we shall not have to go to a Division.

Hon. Members opposite seem to run away with the idea that any fool can cut down a tree.

I do not know if hon. Members have tried it, but certainly no fool can cut down a tree as well as a man who is accustomed to the job. Hon. Members have got the idea that men employed in the woods are paid less than men engaged on other work. My experience over a good many years is that the men get a good deal more at that work than those employed on the land. When you employ men on bark peeling or felling underwood, or cutting any 'sort of timber, they consider they are making a harvest at their job-they call it a harvest in my country as much as they do the corn harvest. In my own case I pay the woodmen more in wages than men are paid on the farms.

I am coming to the reason why I prefer to see them excluded. As the right hon. Gentleman the Member for Camborne said, it does not pay to do much in your own woods. That is the point. Unfortunately, it does not pay, but we want to see our woods looked after, and, if possible, have more planting done. I believe that in the coming winter we shall be faced with a very grave amount of unemployment in the agricultural districts. I hope I shall be wrong, but I believe it is coming. Undoubtedly, the landlords are unable to pay large sums in what is unremunera-tive work in their woods, but it is perfectly certain that when they see men out of work in their villages they will do their level best to employ them and put them on, if they possibly can, in the woods, not on the skilled work of felling timber and cutting the wood, but on cleaning out ditches, mending fences, etc. It is in order that the men shall not be debarred from being employed in that work that I support the view of the Minister in excluding them from the Bill.

If hon. Gentlemen opposite had their way, it would have the effect in many parts of the country of depressing the higher wages of the skilled woodmen and of those employed in forestry and planting trees, to the lower level of the agricultural labourer. So far as I know, there are many cases where a man who is whole—time employed as a woodman has for a long time received considerably more than the agricultural labourer. What would happen if he were included in the Bill? It would mean that the question of his future wages would be referred to a Conciliation Committee on which the Agricultural Labourers' Union and the Farmers' Union would be represented, neither of which would seek to secure any higher wages to the woodman than the ordinary agricultural labourer has. The right hon. Member for Camborne (Mr. Acland) wanted woodlands excluded in order to have a lever for the landlord to go to the farmers and to say, "We must be represented on the Conciliation Committee." My own view is that even if that lever were obtained, the landlords would get very small representation on any of these Committees. The bulk of the employers' representatives undoubtedly would be members of the highly organised Farmers' Union. There are a few exceptions, as in the constituency of the Noble Lord (Earl Winter-ton), but throughout the length and breadth of the country the tenant farmer has had no experience in connection with the working of woodlands of any sort. Thus you have this position, that the work in the woodlands would be under a Committee which would not be so constituted as to be able to deal with it fairly.

There are two distinct classes employed in the woodlands; the permanent men, the foresters, the men who attend to the forestry on the estates, who are the planters, and who superintend the felling, and who instruct the woodmen in the art of_ felling. They are in quite a different category to the casual labourer. There is another class, the casual labourer, who is introduced at certain seasons of the year to clear up odd jobs, generally when he can no longer be employed as an agricultural labourer. I think the Government are perfectly right to agree with the Lords Amendment, and to exclude the woodlands from this Bill.

May I express my regret that my right hon. Friend (Sir A. Boscawen) is agreeing with the Lords in this Amendment. After all, what are we dealing with? The agricultural labourer, when working ordinarily on a farm, will receive the conditions agreed upon by the Conciliation Committee. If he is moved into the woods, he will have no protection whatever, and may have to submit to a less wage than he will receive on the farm. I cannot see any warrant for it. If you desire to deal with the case of the infirm or the incompetent person who is given work out of charitable considerations, that had better be done by the Conciliation Committee. If it be that land owners are to be enabled and encouraged to get labour cheaper than the tenant farmer, you will be helping to create very bad feeling in the countryside. If it be that there are special cases to be dealt with, they will be met more fairly by the Conciliation Committee. Therefore, I think that my right hon. Friend is making a great mistake in this matter.

With regard to the other point I agree that we are dealing here with two distinct classes, the agricultural labourer and the professional wood-fellers. In the one case you have the man ordinarily working on a farm who is shifted into the woods. In the other case, it may be that some City timber merchant has bought at a sale certain timber and undergrowth, and he brings his own men with him to do the work, or he engages expert men in the locality. They are certainly of a different type from the agricultural labourer, and have been able to demand a higher wage than the agricultural labourer, and we may rely upon it that as in the past this class has been able to secure better remuneration than the agricultural labourers so it will be in the future. Their superior skill and experience will always enable them to command a higher wage for this special class of work. I am concerned with the agricultural labourer who is turned on to do work in the woods occasionally, and who will thereby be subject to having his wages depressed, and once depressed in the winter time it is very often used as a lever for a depression throughout the whole year. I am sure that the sentiments of the House generally are with the agricultural labourer. Before the Wages Board came it was comparatively easy for such as myself to carry the House of Commons with me in agreement that before the War the agricultural labourer was by no means fairly treated, and I am sure that even those who are supporting the Lords on this occasion would view with grave alarm the possibility of the agricultural labourer reverting to the position which prevailed before the War. I believe there is a real danger of affecting adversely the position of the agricultural labourer; therefore, I regret that my right hon. Friend has agreed with the Lords in this Amendment, and if it is carried to a division I shall register a vote against it.

Question put," That this House doth agree with the Lords in the said Amendment.'

The House divided: Ayes, 182; Noes, 37.

Division No. 348.]

AYES.

[7.20 p.m.

Adkins, Sir William Ryland Dent

Gibbs, Colonel George Abraham

Murray, Hon. Gideon (St. Rollox)

Allen, Lieut-Col. Sir William James

Gilbert, James Daniel

Neal, Arthur

Armstrong, Henry Bruce

Gilmour, Lieut.-Colonel Sir John

Newman, Sir R. H. S. D. L. (Exeter)

Ashley, Colonel Wilfrid W.

Gray, Major Ernest (Accrington)

Nlcholl, Commander Sir Edward

Atkey, A. R.

Green, Joseph F. (Leicester, W.)

Nicholson, Reginald (Doncaster)

Baird, Sir John Lawrence

Greene, Lt.-Col. Sir W. (Hack'y, N.)

Nleld, Sir Herbert

Baldwin, Rt. Hon. Stanley

Greer, Harry

Norris, Colonel Sir Henry G.

Balfour, George (Hampstead)

Gregory, Holman

Ormsby-Gore, Hon. William

Balfour, Sir R. (Glasgow, Partick)

Gritten, W. G. Howard

Parker, James

Banbury, Rt. Hon. Sir Frederick G.

Hacking, Captain Douglas H.

Parry, Lieut.-Colonel Thomas Henry

Barnett, Major Richard W.

Hamilton, Major C. G. C.

Pease, Rt. Hon. Herbert Pike

Barnston, Major Harry

Hannon, Patrick Joseph Henry

Peel, Col. Hon. S. (Uxbrldge, Mddx.)

Beauchamp, Sir Edward

Harmsworth, C. B. (Bedford, Luton)

Perring, William George

Bell, Lieut.-Col. W. C. H. (Devizes)

Henderson, Major V. L. (Tradeston)

Pinkham, Lieut.-Colonel Charles

Bellairs, Commander Carlyon W.

Hcnnessy, Major J. R. G.

Pollock, Sir Ernest Murray

Benn, Sir A. S. (Plymouth, Drake)

Hewart, Rt. Hon. Sir Gordon

Pratt, John William

Bethell, Sir John Henry

Hilder, Lieut.-Colonel Frank

Prescott, Major W. H.

Bird, Sir A. (Wolvernampton, West)

Hills, Major John Waller

Purchase, H. G.

Blair, Sir Reginald

Holbrook, Sir Arthur Richard

Raw, Lieutenant-Colonel Dr. N.

Borwick, Major G. 0.

Hood, Joseph

Rawlinson, John Frederick Peel

Boscawen, Rt. Hon. Sir A. Griffith-

Hopkins, John W. W.

Rees, Sir J. D. (Nottingham, East)

Bowyer, Captain G. W. E.

Hopkinson, A. (Lancaster, Mossley)

Renwick, Sir George

Breese, Major Charles E.

Home, Sir R. S. (Glasgow, Hlllhead)

Robinson, s. (Brecon and Radnor)

Brittain, Sir Harry

Hunter, General Sir A. (Lancaster)

Rothschild, Lionel de

Broad, Thomas Tucker

Hurd, Percy A.

Roundell, Colonel R. F.

Bruton, Sir James

Jackson, Lieut.-Colonel Hon. F. S.

Royds, Lieut.-Colonel Edmund

Buckley, Lieut.-Colonel A.

Jameson, John Gordon

Samuel, Samuel (W'dsworth, Putney)

Campbell, J. D. G.

Jodrell, Neville Paul

Scott, A. M. (Glasgow, Brldgeton)

Casey, T. W.

Johnstone, Joseph

Seddon, J. A

Chamberlain, Rt. Hn. J. A. (Birm.,W.)

Jones, Sir Edgar R. (Merthyr Tydvll)

Shortt, Rt. Hon. E. (N'castle-on-T.)

Chamberlain, N. (Birm., Ladywood)

Jones, Sir Evan (Pembroke)

Stanler, Captain Sir Bevllle

Chilcot, Lieut.-Com. Harry W.

Jones, G. W. H. (Stoke Newington)

Stanley, Major Hon. G. (Preston)

Churchman, Sir Arthur

Jones, J. T. (Carmarthen, Llanelly)

Stephenson, Lieut.-Colonel H. K.

Clough, Sir Robert

Kellaway, Rt. Hon. Fredk. George

Sturrock, J. Leng

Colfox, Major Wm. Phillips

Kerr-Smlley, Major peter Kerr

Sutherland, Sir William

Coote, Colin Relth (Isle of Ely)

King, Captain Henry Douglas

Taylor, J.

Cowan, D. M. (Scottish Universities)

Law, Alfred J. (Rochdale)

Thomson, F. C. (Aberdeen, South)

Craik, Rt. Hon. Sir Henry

Lewis, Rt. Hon. J. H. (Univ., Wal3i)

Thomson, Sir W. Mitchell- (Maryhlll)

Dalzlel, Sir D. (Lambeth, Brixton)

Lloyd-Greame, Sir P.

Tickler, Thomas George

Davidson, J. C. C. (Hemel Hempstead)

Lccker-Lampson, Com. 0. (H'tlngd'n)

Townley, Maximilian G-

Davidson, Major-General Sir J. H.

Lorden, John William

Tryon, Major George Clement

Davies, Sir Joseph (Chester, Crewe)

Lowe, Sir Francis William

Ward, Col. L. (Kingston-upon-Hull)

Dennlss, Edmund R. B. (Oldham)

Lowther, Col. Claude (Lancaster)

Ward, William Dudley (Southampton)

Dockrell, Sir Maurice

Lowther, Maj.-Gen. Sir C. (Penrith)

Weston, Colonel John Wakefield

Doyle, N. Grattan

Loyd, Arthur Thomas (Abingdon)

Wheler, CI. Granville C. H.

Edge, Captain William

McLaren, Robert (Lanark, Northern)

Whitla, Sir William

Edwards, Hugh (Glam., Neath)

Macpherson, Rt. Hon. James 1.

Willoughby, Lieut.-Col. Hon. Claud

Elliot, Capt. Walter E. (Lanark)

Macquisten, F. A.

Wills, Lt.-Col. Sir Gilbert Alan H.

Elveden, Viscount

Maltland, Sir Arthur D. steel-

Wilson, Col. M. J. (Richmond!

Evans, Ernest

Malone, Major P. B. (Tottenham, S.)

Winterton, Earl

Eyres-Monsell, Com. Bolton M.

Marriott, John Arthur Ransome

Wise, Frederick

Falle, Major Sir Bertram Godfray

Middlebrook, Sir William

Wood, Hon. Edward F. L. (Ripon)

Farquharson, Major A. C.

Mitchell, Sii William Lane

Wood, Sir H. K. (Woolwich, West)

Fisher, Rt. Hon. Herbert A. L.

Molson, Major John Elsdale

Worthington-Evans, Rt. Hon. Sir L.

FitzRoy, Captain Hon. Edward A.

Mond, Rt. Hon. Sir Alfred Moritz

Yate, Colonel Sir Charles Edward

Flannery, Sir James Fortescue

Montagu, Rt. Hon. E. S.

Young, E. H. (Norwich)

Ford, Patrick Johnston

Moore, Major-General Sir Newton J.

Young, Sir Frederick W. (Swindon)

Foxcroft, Captain Charles Talbot

Morden, Col. W. Grant

Younger, Sir George

Fremantle, Lieut.-Colonel Francis E

Morelng, Captain Algernon H.

Ganzoni, Sir John

Morison, Rt. Hon. Thomas Brash

TELLERS FOR THE AYES.-

Gardner, Ernest

Morrison-Bell, Major A. C.

Colonel Leslie Wilson and Mr.

Gee, Captain Robert

Murchison, C. K.

McCurdy.

NOES.

Acland, Rt. Hon. Francis D.

Hogge, James Myles

Robertson, John

Adamson, Rt. Hon. William

Irving, Dan

Royce, William Stapleton

Barker, G. (Monmouth, Abertillery)

Kenworthy, Lieut.-Commander J. M.

Sexton, James

Bottomley, Horatio W.

Klley, James Daniel

Shaw, Thomas (Preston)

Bowerman, Rt. Hon. Charles W.

Lawson, John James

Slmm, M. T.

Brown, James (Ayr and Bute)

Lunn, William

Swan, J. E.

Clynes, Rt. Hon. John R.

MacVeagh, Jeremiah

Thorne, W. (West Ham, Plalstow)

Edwards, G. (Norfolk, South)

Morgan, Major D. Watts

Williams, Aneurln (Durham, Consett)

Entwistle, Major C. F.

Murray, Hon. A. C* (Aberdeen)

Williams, Col. P. (Middlesbrough, E.)

Glanville, Harold James

Murray, Dr. D. (Inverness & Ross)

Wood, Major M. M. (Aberdeen, C.)

Graham, W. (Edinburgh, Central)

Rees, Capt. J. Tudor- (Barnstaple)

Young, Robert (Lancaster, Newton)

Halls, Walter

Richardson, R. (Houghton-le-Spring)

Hirst, G. H.

Roberts, Rt. Hon. G. H. (Norwich)

TELLERS FOR THE NOES.-

Mr. T. Griffiths and Mr. G. Thorne.

Lords Amendment:

In Sub-section (10, a ), after the word "grounds," insert " but not woodland or woodland nurseries."

Agreed to.

Lords Amendment:

After Clause 5, insert a new Clause—

(

Sub-section (1) of Section fifteen of the Agriculture Act, 1920, is hereby repealed.

Motion made, and Question proposed, "That this House doth agree with the Lords in the said Amendment."

I should like to know, Mr. Speaker, whether this Amendment is in Order. I submit that an Amendment which deals with a Bill the title of which is

" An Act to repeal the Corn Production Acts, 1917 and 1920,

should not be allowed. The Agricultural Act, Part II, is not included in the Corn Production Acts, 1917 and 1920, and it is Part II of the Agricultural Act with which this Amendment deals. Therefore, I respectfully submit that this Amendment is not in Order.

May I ask whether this House can in any way lay down points of Order for the other House, and secondly, may I point out that the Agricultural Act, 1920, is entitled

" An Act to amend the Corn Production Act, 1917, and the Enactments relating to Agricultural Holdings."

Therefore, an Amendment to amend that particular part would seem to be in order.

May I read what the Agriculture Act, 1920, Section 36, says?:

" (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 and 1920."

The title of the Corn Production Acts (Repeal) Bill is:

"An Act to repeal the Corn Production Acts, 1917 and 1920."

Therefore, I submit that it has nothing to do with Part II of the Agriculture Act, 1920, and cannot repeal any section of Part II of the Agriculture Act, 1920.

In my opinion the other place has gone outside the title and scope and purpose of the Bill in this place, and dealt with a question which would have been out of order if it had been raised here. I suppose that we have no right to interfere with the way in which another place conducts its own proceedings, but it seems to me that if this is allowed, then another place may at any time deal with an isolated point in connection with some other subject, in no way relating to and in no way in order on a Bill with which we have dealt here, and it would come to us in a form which would preclude us from so dealing with this,' because the fact that another place has dealt with a matter concerning another Bill which was outside the title of our Bill, and has put it nominally in order by altering the title, does not enable us, now that the title is altered, to deal with the same subject at all, because though the title has now been broadened we can only deal with that specific point with which another place has dealt either by accepting or rejecting what it has proposed. Therefore I would ask you whether it is in accordance with precedent that if another place by altering the title, by taking one specific matter and one specific matter only, a matter which is in order under the widened title, can send back a Bill to us thus dealt with, we should be precluded from dealing with any other except the particular point which they have picked out and covered, with a wider title, the point being one which if it had been raised in this House under the narrower title would have been clearly beyond the scope of the Bill, and, therefore, out of order?

May I point out that when the Bill left this House it not only dealt with Part I of the Agriculture Act and the Corn Production Act, but it also dealt with Section 12 of the Agriculture Act?

On that point, may I submit that the Title of this Bill as it left this place referred specifically to certain consequential Amendments in Section 12 of the Agriculture Act, 1920, but there was no reference to anything in Part II of the Agriculture Act?

There can be no doubt that this is an Amendment which, had it been proposed in this House, would have been ruled out of order by the Chair as being beyond the scope of the Bill. What the rule for dealing with these matters may be or may not be in the other place, is a matter of which I am ignorant. But here it is. This is an Amendment which has been inserted in the other place, and the House must either agree or disagree with the Lords in the Amendment. There is no power resident in the Chair to rule it out of order. I must leave it to the House to decide one way or the other the question whether they agree or disagree.

If it be the fact that this, if inserted in this House would have been out of order, why, when it appears before you now is it in order? If it could not be in order, why cannot you rule it out of order?

I cannot follow the ton. Member. There it is. It has come from the other place, and the House must dispose of it either in the affirmative or the negative.

I do not propose to enter into the point of Order which you, Sir, have decided. I realise that this Amendment would not have been within the scope of the Bill as it passed the Second Reading of this House, but I understand the ruling to be that as the Lords have altered the Title and sent the Amendment down here, it is now in order. Therefore, the only course I can take is to deal with it on the merits. On the merits I would much sooner that the Amendment was not made. The Government resisted it twice in the House of Lords, but were defeated in Committee and on the Report stage, and I have no doubt that if we disagree now the Upper Chamber will not accept our disagreement. The whole point to consider is whether it is worth fighting about. [HON. MEMBERS:"Yes"] Let the House study what it does. It will simply prevent the Minister from making certain Regulations which, when he has made them, have always been thrown out in another place. It will prevent the Minister from doing something which up to the present has always proved to be ineffective. If the Sub-section had been the Sub-section which we sent up to the Lords last December, I would not agree to its repeal, but it was mutilated to such an extent that it is not worth preserving now.

As the Agriculture Bill left the House last December it provided that where a landlord refused a tenant the right to do certain improvements, in future if the Agricultural Committee or an arbitrator decided that it was an improvement that ought to have been made, the tenant then could get compensation at the end of his tenancy if he made the improvement. That was a valuable provision, but the manner in which it was whittled down in another place made it a provision of very little value indeed, because it provided that before anything could be done the Minister has to make regulations as to what are the improvements in respect of which the Arbitrator or the Committee can act, and having made these regulations, they were rejected in another place. I then withdrew them, and reintroduced them in an amended form, and they were thrown out. The power in fact residing in me as the result of the alteration of the Clause made in another place last December, is of no value whatever. Therefore, I am not prepared to put up a third fight. I have been already twice defeated in another place for the purpose of preserving a power which is of practically no value whatever at present. If another place had done at first what they proposed to do in the first instance, namely, repeal the whole of Clause 15, it would have been different, because the other provisions of Clause 15 included several which were very valuable, but they thought better of repealing the whole Clause 15, and they confined themselves to repealing this Sub-section, which is useless and ineffective at present. Therefore I do not think that we should be wise to resist the Amendment made on this occasion.

The speech of my right hon. Friend comes to this, that because the Government have been beaten twice, they may as well be beaten a third time. They send up a Bill in a proper and effective form. They first accept an Amendment from another place which weakens the Bill considerably and puts it in the power of the other place to make the Clause nugatory. They then made Regulations, and the other place did make them nugatory, and they accepted that peaceably, and now when the other place wants to remove this Sub-section they are going to accept that Amendment also. That is a bit stiff. If this House is ever going to stand up against another place it ought to stand up on a matter of this kind. My right hon. Friend explained that another place, either because they do not like the Regulations which he tried to make, or because the matter was not properly explained to them, which I think is more likely to be the real cause, refused to allow them to be passed; but what will be the difference if the Government has its way? This part of the Clause will disappear altogether, and if Parliament wants again to do anything on this very important matter from the point of view of the real occupier of the land, it will have to begin de novo and reconstruct by special Bill this Clause from the beginning, whereas, if the Lords Amendment is not agreed to, all that will be necessary will be practically a five line Bill, in order to make the thing really effective, as this House desired it to be last December, simply cutting out the necessity for the Minister to lay the Regulations before both Houses.

The Act would then stand that an unreasonable landowner then would not have the power of preventing the tenant from making certain improvements in the farm, even though he did not consent, if 'they were thought reasonable, and, at the end of the tenancy, recovering the value which they had added to the farm. It is worth looking into the facts as to this matter and seeing whether, on the merits, this is a reasonable power to give to a tenant. As things are now, the first part of the first Schedule to the Act of 1908 requires the consent of the landlord to such things as the making of a garden, the making of improvements to a bridge, the making or removal of a permanent fence the plantation of an orchard or fruit bushes, the protection of young fruit trees and so forth. If the landlord refuses his consent and the tenant does the work, the tenant is unable to recover from the landlord at the end of the tenancy any compensation for the value which he have added on account of the work. We were wise when, in the Act of last year, we altered that and said that the tenant might, under certain conditions, do the work and recover the value. He had to go to an agricultural committee or to an arbitrator agreed to by both sides, and if the arbitrator said that he thought the refusal of the landowner to permit the work to be done was unreasonable and that the tenant ought to be allowed to do the work and recover the value at the end of the tenancy, he was allowed to do it.

We were right, surely, in taking it out of the power of the landowner to say "No" to the erection of a single fence or to the improvement of a single bridge. That action of ours, deliberately taken last December, even though it was made much weaker in another place by the-insertion of a provision that the work could be done only under Regulations agreed to in another place, ought not to be swept entirely away. I would like to retain what we did then, and I hope that in some other way we shall be able to restore the provision to the form in which we intended it to be. We ought to deprive another place of the power of setting that Section at nought. Anyone who has had any contact with tenant farmers knows that they are reasonable in these matters. They have not much cash to throw about now, and it is not to be expected that they would spend money unreasonably. [HON. MEMBEES: "Nor have the landlords!"] Nor have the landlords. There is precious little cash to be found anywhere. It is not, however, to be expected that tenants will want to act unreasonably in these matters. I ask the House to adhere as nearly as possible to what they did deliberately last December.

I deeply regret that the Government is proposing to accept this Amendment. I thought the Minister of Agriculture was a man of courage. Courage appears to have forsaken him to-day. He has given no adequate reason why he should not move that this House disagree with the Amendment. There is not a single farmer in Scotland who will not deplore the Government's action. Farmers will put no faith whatsoever in Government policy in future. What did Sub-section (1) of Section 15 of the Agriculture Act, 1920, propose? It proposed that

"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 (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, 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."

What could be more reasonable than that provision? It says that improvements contained in Part I of the. First Schedule of the Act of 1908, improvements to which the consent of the landlord is required, may be executed by direction of the Minister or the Committee if the landlord unreasonably fails to give his consent. The Minister of Agriculture has said that the Sub-section as it left this House was better than as it returned from the other House. That is quite true. The other House inserted provisions which made it necessary for the Minister to make regulations defining the improvements. The Minster made the regulations and he tells us that these were rejected twice by the other House. Is that any reason why he should not make further regulations? It is no reason at all. If the Minister is every time to withdraw from the position he has taken up what is the use of passing any Bill at all?

Anything of good that is left of them is taken out at the dictation of another place. This is just, another instance of Amendments which have been put in these Agriculture Acts in another place, to which the Minister without rhyme or reason has agreed. I suppose it is no use protesting, if the Government say they will agree with this Amendment, but I protest with all the power at my command at the way the Government carries on its legislation and reduces things to worthlessness.

I sincerely hope that the Minister will stand to the position he has taken up. The general idea of this part of the Bill was that agriculture should be removed, as far as possible, from official interference. The last speaker has advocated that the Minister and local committees should still retain the power of supporting a tenant who may force upon a landlord what may not be improvements at all, although, in the opinion of a local committee, they may be improvements which could be sanctioned.

The hon. Member has misrepresented me, although I know he did intend to do so. This is not a case of retaining officials. It is merely a case of improvements under the Schedule of the 1908 Act, and of adding to or subtracting from the improvements in that Schedule.

I am quite aware of that. I am not referring to the question of officials. I am referring to the question of abating and reducing the amount of official interference with the administration of an estate. That, I maintain, would be the effect of the course suggested by the hon. and gallant Member. On the merits of the case, apart from all questions of jealousy or interference between the two Houses, I submit that it is entirely within the spirit in which this Bill was introduced that we should, as far as we reasonably can, reduce official interference in the administration of land and agriculture.

Judging by the cheers which greeted the last speaker from the other side of the House, I am satisfied that the interest of hon. Members opposite in agriculture and in the tenant farmer is very small indeed. It has been admitted that when it left the other House a Clause in the Act of last year, which was designed in the interests of the tenant farmer, had been whittled down. That Clause gave some hope and promise to the tenant farmer. The last speaker has told us that the tenant farmer might do something to improve his holding which, though sanctioned by the agricultural committee, would really be no improvement at all. I have never yet known a tenant farmer to spend capital on land, unless it meant that there would be a resulting improvement. When provisions in the Bills of this House are whittled down in another place, can it be expected that the tenant farmer will invest his capital in improvements, seeing that he has no security and that the landlord can come along and say," I will give you notice to leave,"or," I will raise your rent." Whilst I hold no brief for the tenant farmer, I am anxious that the man who cultivates the land and invests his capital should have some security for that capital. Take this away, and you remove every security that the tenant farmer may have for his capital. Can you, then, expect anything but more unemployment? Can you expect a farmer to employ labour on improvements when he is told that there is no compensation for him and no security whatever? I hope that the Minister will show a little backbone in the matter and tell the other House, which is always against this House and against democratic laws, that the Commons have had enough of this altering and mutilating of Bills which a majority here believe to be in the interests of the country. If this Amendment be agreed to, agriculture will be thrown into a state of chaos, and there will be a dark look-out indeed for this great key industry. I protest most strongly against the Lords Amendments and the weakening of the Bill.

8.0.P.M.

I desires to add a word of protest against the acceptance of this Amendment. The hon. Baronet (Sir F. Flannery) said it was in consonance with the idea of the Bill. That is a strange statement in view of the fact that the Government very carefully drafted this Bill so as to prevent anyone attempting to introduce into it any Amendment of the Agriculture Act. Had the Government not drawn, the Bill so carefully, many Amendments would have been put forward from this side of the House, but they were most careful to prevent that, and having drawn their Bill so as to shut out all Amendments of this kind, they now accept such an Amendment when it comes from another place. Yet we are told this Amendment is in consonance with the spirit and idea of the Bill. The effect of the Amendment is to put the tenant into the power of an unreasonable landlord. If a, tenant asks a landlord's consent to carry out certain improvements, and if an unreasonable landlord knows that this particular improvement is vital to the successful working of the farm, he will refuse his consent because the tenant will be bound to carry it out. and the benefit of the improvement will accrue to the Landlord at the end of the tenancy. The provision put into the Agriculture Act of last year would have been of the greatest advantage to farmers and was recognised as a great advance upon the law as it stood previously. Although the Government admitted that it was a proper provision, they now climb down, immediately those in another place say they will not have it. We are now going through practically the same operation as that which we went through at the end of last Session. The Agriculture Bill last year was considered through long and weary weeks, then it went to another place, and came back to us in the closing days of the Session. It was rushed through without proper consideration, with the result that it had to be amended almost immediately. That is being done again. This particular Amendment has been sprung upon us at the last moment, and the House scarcely realised its existence at all, until now. It was only by accident that some of us came to know it was there at all. In spite of that the Government asks the House to accept it. I am certain that they will live to regret having done so.

I also desire to add my protest against the Amendment. I listened attentively, Mr. Speaker, to your ruling, and I do not wish in any way to disagree with it. From my small acquaintance with the procedure, I think you were perfectly correct. The House, however, is under an obligation to turn down this Amendment, because, apart from the merits, if it is accepted, it provides an inducement to those who cannot get a Bill amended as they wish in this House, to get someone in the other place to introduce Amendments, which would have been out of order in this House. On this ground it is our duty to disagree with the Amendment. The other place is most certainly a House of landlords, and from the smiles of hon. Members opposite and the expression on their countenances, I am forced to the conclusion that after all the talk about tenant farmers they are not so much interested in that body. They are more interested in the landowner, and his rights and privileges. If the other place is a House of landlords, this House also largely consists of landlords and those in sympathy with them. Although I hold no brief for tenant farmers, I contend they have a right to the protection that was given them, and I ask the House to disagree with this Amendment.

Question put," That this House doth agree with the Lords in the said Amendment."

The House divided: Ayes, 162; Noes, 37.

Division No.349

Ayes

8.5.p.m.

Amery, Leopold C. M. S.

Gibbs, Colonel George Abraham

Neal, Arthur

Armstrong, Henry Bruce

Gilbert, James Daniel

Newman, Sir R. H. S. D. L. (Exeter)

Ashley, Colonel Wilfrid W.

Gilmour, Lieut.-Colonel Sir John

Nicholl, Commander Sir Edward

Atkey, A. R.

Gray, Major Ernest (Accrington)

Nield, Sir Herbert

Baird, Sir John Lawrence

Green, Joseph F. (Leicester, W.)

Norris, Colonel Sir Henry G.

Baldwin, Rt. Hon. Stanley

Greene, Lt.-Col. Sir W. (Hack'y, N.)

Ormsby-Gore, Hon. William

Balfour, George (Hampstead)

Greer, Harry

Parker, James

Banbury, Rt. Hon. Sir Frederick G.

Gregory, Holman

Parry, Lieut.-Colonel Thomas Henry

Barlow, Sir Montague

Gritten, W. G. Howard

Pease, Rt. Hon. Herbert Pike

Barnett, Major Richard W.

Guinness, Lieut.-Col. Hon. W. E.

Peel, Col. Hon. S. (Uxbridge, Mddx.)

Barnston, Major Harry

Hacking, Captain Douglas H.

Perring, William George

Bell, Lieut. Col. W. C. H. (Devizes)

Hamilton, Major C. G. C.

Pinkham, Lieut.-Colonel Charles

Bellairs, Commander Carlyon W.

Hannon, Patrick Joseph Henry

Pollock, Sir Ernest Murray

Benn, Sir A. S. (Plymouth, Drake)

Harmsworth, C. B. (Bedford, Luton)

Pratt, John William

Blair, Sir Reginald

Henderson, Major V. L. (Tradeston)

Prescott, Major W. H.

Borwick, Major G. 0.

Hennessy, Major J. R. G.

Purchase, H. G.

Boscawen, Rt. Hon. Sir A. Griffith-

Hewart, Rt. Hon. Sir Gordon

Raeburn, Sir William H.

Bowyer, Captain G. W. E.

Hilder, Lieut.-Colonel Frank

Raw, Lieutenant-Colonel Dr. N.

Breese, Major Charles E.

Holbrook, Sir Arthur Richard

Rawlinson, John Frederick Peel

Brittain, Sir Harry

Hood, Joseph

Rees, Sir J. D. (Nottingham, East)

Broad, Thomas Tucker

Hopkins, John W. W.

Renwick, Sir George

Bruton, Sir James

Hopkinson, A. (Lancaster, Mossley)

Robinson, S. (Brecon and Radnor)

Buckley, Lieut.-Colonel A.

Hunter, General Sir A. (Lancaster)

Roundell, Colonel R. F.

Burgoyne, Lt-Col. Alan Hughes

Jackson, Lieut.-Colonel Hon. F. S

Royds, Lieut.-Colonel Edmund

Burn, Col. C. R. (Devon, Torquay)

Jameson, John Gordon

Rutherford, Sir W. W. (Edge Hill)

Campbell, J. D. G.

Jodrell, Neville Paul

Samuel, Samuel (W'dsworth, Putney)

Casey, T. W.

Jones, Sir Edgar R. (Merthyr Tydvil)

Scott, A. M. (Glasgow, Bridgeton)

Chamberlain, Rt. Hn. J. A. (Birm. W.)

Jones, G. W. H. (Stoke Newington)

Seddon, J. A.

Chamberlain, N. (Birm., Ladywood)

Jones, J. T. (Carmarthen, Llanelly)

Shortt, Rt. Hon. E. (N'castle-on-T.)

Clough, Sir Robert

Kellaway, Rt. Hon. Fredk. George

Stanier, Captain Sir Beville

Colfox, Major Wm. Phillips

King, Captain Henry Douglas

Stanley, Major Hon. G. (Preston)

Coote, Colin Reith (Isle of Ely)

Lane-Fox, G. R.

Stephenson, Lieut.-Colonel H. K.

Craik, Rt. Hon. Sir Henry

Law, Alfred J. (Rochdale)

Sturrock, J. Leng

Dalzlel, Sir D. (Lambeth, Brixton)

Lewis, Rt. Hon. J. H. (Univ., Wale)

Sutherland, Sir William

Davidson, J. C. C. (Hemel Hempstead)

Llyd-Greame, Sir P.

Taylor, J.

Davies, Sir Joseph (Chester, Crewe)

Locker-Lampson, Com. 0. (H'tlngd'n)

Thomson, Sir W. Mitchell- (Maryhill)

Dennis, J. W. (Birmingham, Deriend)

Lorden, John William

Townley, Maximilian G.

Dennis. Edmund R. B. (Oldham)

Lort-Williams, J.

Tryon, Major George Clement

Dockrell, Sir Maurice

Lowther, Mac-Gen. Sir C. (Penrith)

Ward,- William Dudley (Southampton)

Doyle, N. Grattan

Loyd, Arthur Thomas (Abingdon)

Weston, Colonel John Wakefield

Edge, Captain William

McLaren, Robert (Lanark, Northern)

Whitla, Sir William

Edwards, Hugh (Glam., Neath)

Macpherson, Rt. Hon. James 1.

Williams, Lt.-Col. Sir R. (Banbury)

Elliot, Capt. Walter E. (Lanark)

Macquisten, F. A.

Willoughby, Lieut.-Col. Hon. Claud

Elveden, Viscount

Mallaby-Deeley, Harry

Wills, Lt.-Col. Sir Gilbert Alan H.

Evans, Ernest

Malone, Major p. B (Tottenham, S.)

Winterton, Earl

Eyres-Monsell, Com. Bolton M.

Marriott, John Arthur Ransome

Wise, Frederick

Falle, Major Sir Bertram Godfray

Middlebrook, Sir William

Wood, Hon. Edward F. L. (Ripon)

Fildes, Henry

Molson, Major John Elsdale

Wood, Sir H. K. (Woolwich, West)

Fisher, Rt. Hon. Herbert A. L.

Mond, Rt. Hon. Sir Alfred Moritz

Worthington-Evans, Rt. Hon. Sir L.

Fitzroy, Captain Hon. Edward A.

Montagu, Rt. Hon. E. S.

Yate, Colonel Sir Charles Edward

Flannery, Sir. James Fortescue

Morden, Col. W. Grant

Young, E. H. (Norwich)

Ford, Patrick Johnston

Moreing, Captain Algernon H.

Younger, Sir George

Foxcroft, Captain Charles Talbot

Morison, Rt. Hon. Thomas Brash

Fremantle, Lieut.-Colonel Francis E.

Morrison-Bell, Major A. C.

TELLERS FOR THE AYES.—

Ganzoni, Sir John

Murray, Hon. Gideon (St. Rollox).

Colonel Leslie Wilson and Mr. McCurdy.

NOES.

Acland, Rt. Hon. Francis D.

Hirst, G. H.

Royce, William Stapleton

Adamson, Rt. Hon. William

Hogge, James Myles

Sexton, James

Asqulth, Rt. Hon. Herbert Henry

Irving, Dan

Shaw, Thomas (Preston)

Barker, G. (Monmouth, Abertillery)

Johnstone, Joseph

Swan, J. E.

Bowerman, Rt. Hon. Charles W.

Jones, Sir Evan (Pembroke)

Thomas, Brig.-Gen. Sir O. (Anglesey)

Brown, James (Ayr and Bute)

Kennedy, Thomas

Thorne, G. R. (Wolverhampton, E.)

Churchman, Sir Arthur

Kiley, James Daniel

Williams, Aneurin (Durham, Consett)

Clynes, Rt. Hon. John R.

Lawson, John James

Williams, Col. P. (Middlesbrough, E.)

Cowan, D. M. (Scottish Universities)

Lunn, William

Young, Robert (Lancaster, Newton)

Edwards, G. (Norfolk, South)

Morgan, Major D. Watts

Glanville, Harold James

Murray, Dr. D. (Inverness & Ross)

TELLERS FOR THE NOES.—

Griffiths, T. (Monmouth, Pontypool)

Rees, Capt. J. Tudor- (Barnstaple)

Lieut.-Colonel A. Murray and

Halls, Walter

Richardson, R. (Houghton-le-Spring)

Major Mackenzie Wood.

Hayward, Evan

Robertson, John

Lords Amendments:

After Clause 6, insert the following Schedule.

Schedule

Provisions of the Corn Production Acts, 1917 and 1920, relating to the destruction of injurious weeds as continued in force.

(1) Where the Minister is satisfied that there are injurious weeds to which this Schedule applies growing upon any land, he may serve upon the occupier of the land a notice in writing requiring him to cut down or destroy the weeds in the manner and within the time specified in the notice.

(2) Where, under this Schedule, notice is served on a tenant a copy of the notice shall at the same time be served on the landlord.

(3) Where a notice has been served under this Schedule on the occupier of any land requiring him within a time specified in the notice to cut down or destroy weeds and that person unreasonably fails to comply with the requirements of the notice, he shall on summary conviction be liable, in respect of each offence, to a fine not exceeding twenty pounds and to a further fine not exceeding twenty shillings for every day during which the default continues after conviction:

Provided that—

(4)Any person authorised in that behalf by the Minister or by any body of persons exercising any powers of the Minister on his behalf may, for the purpose of carrying this Schedule into effect, on the production, if so required, of his authority enter on and inspect any land. The occupier shall in all such cases be served with notice of the date on which the inspection is to take place.

If any person prevents or obstructs the entry for the purpose of this Schedule upon any land of any person authorised under this Schedule he shall be liable on summary conviction to a fine not exceeding twenty pounds.

(5) Every notice required to be served under this Schedule on the occupier of any land may either be served personally on him or sent by registered post to or left at his usual place of abode in the United Kingdom, and in case any person on whom any such notice is to be served is absent from the United Kingdom, and his usual place of abode in the United Kingdom after diligent inquiry be found, the notice may be served by affixing a copy thereof on some conspicuous part of the land.

(6) The Minister may authorise the Agricultural Committee of any county or borough to exercise on behalf of the Minister any of the powers of the Minister under this Schedule.

(7) Any expenses incurred by the Minister under this Schedule up to an amount approved by the Treasury shall be defrayed out of the moneys provided by Parliament.

(8) The injurious weeds to which this Schedule applies are the following, that is to say, Spear Thistle (Carduus LanceolatusL), Creeping or Field Thistle (Carduus Arvensis Curt), Curled Dock (Rumex Crispus L), Broad-leaved Dock (Rumex Obtusifolius L), and Ragwort (Senecio Jacobosa L).

(9) In this Schedule the expression "owner" includes a person entitled for his life or other limited estate, and the expression "occupier" means in the case of any public road the authority by whom the road is being maintained and in the case of unoccupied land the person entitled to the occupation thereof.

(10)This Schedule shall apply to Scotland with the following modifications:—

(i) The Board of Agriculture for Scotland shall be substituted for the Minister of Agriculture and Fisheries.

(11)For the reference to the Agricultural Committee of any county or borough there shall be substituted a reference to the body of persons constituted for any area under the powers specified in paragraph ( d ) of the proviso to Section one of this Act.

(iii) The provision requiring that proceedings for an offence shall not be instituted except by the Minster shall not apply.

(11) This Schedule shall not apply to Ireland.

I beg to move, as an Amendment to the Lords Amendment, in paragraph (1) after the word "Minister " ["where the Minister is" satisfied"], to insert the words "of Agriculture and Fisheries (in this Schedule referred to as the Minister)."

The only reason for the insertion of these words is that in the Act which has been repealed the Minister was described as the " Minister of Agriculture and Fisheries."That definition, having been repealed, there was nothing to show what Minister was to carry out these particular provisions. It might have been any Minister. Therefore, for the purpose of definition and making the matter clear, I move this Amendment.

Question put, and agreed to.

I beg to move as an Amendment to the Lords Amendment in paragraph (6) to leave out the words " Agricultural Committee of any county or borough," and to insert instead thereof the words " local parish council."

I move this Amendment because I object to the Government allocating the function of looking after thistles and docks on farms, to agricultural committees. It seems to me that one of the characteristics of the present Government, I might almost say one of its idiosyncracies, is to create mechanism after mechanism, organisation after organisation, and to clothe them with function after function until all idea is lost of the original intention which they set out to achieve. To allocate the duty of looking after a few weeds on farms here and there to an agricultural committee is altogether disproportionate. I think this will be a very expensive method of dealing with the little matter in view. Take any agricultural committee, either of a county or a county borough, in some far, remote part of the administrative area of that authority, and, say, an inspector and perhaps one or two witnesses, to give evidence as to the fact that these docks and thistles exist, go there; you would there have a considerable expense, which would not be borne by the local authority at all. The money for all this expense is to be provided by the taxpayer, because it is not allocated to the locality in which the expense really lies, and that is a very great defect, which could be entirely obviated if this simple little matter were referred to the pariah council. There is one other characteristic of the present Government in a constitutional aspect, and that is its absolute disregard0 of the most effective agencies which already exist, ranging from the parish council to the Privy Council—great constitutional assets with hardly any functions. Here you allocate this simple little job of looking for these docks and thistles to an agricultural committee, a body that spends money out of the pockets of the taxpayer.

This mechanism has in itself potentialities of growth. It is all very well for the Government to deal with embryos and to think they are going to remain in an embryonic condition; but this thing, like the weeds, has the power to grow, and it is only a mere matter of time before you will have a great extension of this classification of the thistles and docks. For instance, take the ragwort referred to. That is not much of a pest in England, but it is in Scotland. Take the docks and thistles. You have thistles distributed in England, and you have a very big thistle, the sow thistle, which is a tremendous pest in the West of England. It is only a matter of time before you will have to range in dandelions, and buttercups, and a whole heap of other things, and they will all go to create another form of weed for the bureaucratic inspector. There is a certain parallel existing between the two—a certain analogy—and I think every purpose that is required can easily be served by not giving this matter to any agricultural committee, but by eliminating and reducing the functions of all these new and wonderful mechanisms which this Government 'has created. On the score of expense, on the score of constitutional freedom, on the score of giving things to bodies now functioning, and which have already a place in the Constitution of our country, I urge my Amendment. The parish council is a very able body, just as the Privy Council is. They are at the extreme ends of a constitutional gamut of mechanism of which no utility whatever is made, or very little, and I think it is a very right and proper Amendment to the Lords Amendment that this particular function should be given to the parish council, which could make its report to the Minister just as well as the agricultural committee. We know what all these county authorities are on the question of expense, especially if they have the National Exchequer to dip their hands into. Again, the parish council knows the locality, and does not need to call on official people to decide whether there are too many or too little docks in a field. The local people may bring a very much nicer form of persuasion to bear on the local farmer than this official from the county council or the county borough, as the case may be. I suggest for these reasons that this is a right and proper Amendment to the Lords Amendment.

I have some doubt as to the Amendment proposed by the hon. Member at the point at which he wishes to insert it. The words he wishes to amend run as follows:

"For the reference to the Agricultural Committee of any county or borough, there shall be substituted a reference to the body of persons constituted for any area "—

and so on. He wishes to leave out the words "Agricultural Committee of any county or borough " and to insert the words " local parish council," but is there in the Act any reference to the local parish council? I take it there is not, and, therefore, I fail to understand the purport of the Amendment of the hon. Member.

I realise the technical difficulties of the situation, and I daresay I am bound by the portentous words in the margin to the paragraph which I wish to amend, but I still suggest that this House is the superior authority, and that if my Amendment involves even the process of repeal of the cognate words the Amendment is perfectly reasonable and should be agreed to.

With every desire to meet the hon. Member, I do not on the face of it see how I can do it. He wishes to leave out the words "Agricultural Committee of any county or borough" and to insert "local parish council." That implies that there is in 'the Bill a reference to the local parish council, but unless I can be sure that there is such a reference, I do not see how the Amendment could be in order.

Would not my hon. Friend be in order if he were to move his Amendment to paragraph (6) of this Schedule?

I see the difficulty now. There are references in two different places in this Schedule to the Agricultural Committee. Do I understand the hon. Member wishes to move his Amendment in paragraph (6)?

I think it is not the Amendment moved, and I am not sure we have not passed that place.

I think, on the Amendment I handed in, it was made clear that it referred to paragraph (6).

I see how the mistake has arisen, and I therefore think the Amendment is in order. Is the Amendment seconded?

My hon. Friend has made a most interesting speech about the Privy Council and the parish council, but I cannot accept the Amendment, which I think is based on a considerable misunderstanding. Listening to the hon. Member's speech, the House would imagine that we were setting up a new body, called an Agricultural Committee, for the express purpose of administering this Schedule.

We are not even doing that, but we are preserving to them some of the functions that they have got now. We are taking away a good many of their functions, but leaving this one, and they are obviously the proper people to do it. They have done it before, they have the requisite knowledge, and they are specially selected because they are agriculturists, which is not the case with the parish councils, and obviously, therefore, they are the proper people to do it. Then the hon. and gallant Gentleman suggested that some bureaucratic inspector would come down, and add largely to the list of weeds which can be dealt with. If he had read the Schedule he would have seen that we limit the operation of this Schedule to certain specific weeds, which may be roughly summed up as thistles, docks, and ragwort. I particularly put that in to prevent any bureaucratic Minister or bureaucratic official adding to the list. As the law stands now, the Minister may prescribe which weeds can be dealt with, and those are the weeds which, after consulting my technical advisers and people who know about these things, I am advised are the most injurious weeds, and the weeds that ought to be stopped. I had the power under the old Act to add to the list, but I have deliberately limited myself here, and I cannot add now to the list. Therefore, neither I, nor any bureaucratic inspector conceived in the mind of my hon. Friend, can possibly undertake anything of the kind.

My hon. and gallant Friend further suggests that this will cost an enormous amount of money, but I can assure him that it will not, because, the amount of money which these bodies can spend on behalf of the Minister will be limited by the Minister, and I have already said that I do not propose that any large sums of money should be expended on a work of this sort, which can very well be done by members of the Agricultural Committee themselves. I would further point out that, where the Minister acts himself after notice has been given, and an occupier has not got rid of the weeds, the Minister can, by paragraph ( b ) of (3), recover the expenditure as a civil debt, and, therefore, I do not anticipate any large expense will be incurred. I cannot, therefore, accept an Amendment to substitute a body not chosen for this purpose for the proper Agricultural Committee which exists at the present time. I would further point out, as regards this Schedule generally, if I may be allowed to do so at the same time, that it is simply codification. It would have been quite simple for me to have done the whole thing by reference, with the exception of the limitation of the number of weeds. I know the House of Commons does not like legislation by reference, and, therefore, I have set up the Schedule exactly as it was in the Agriculture Act. I have reintroduced it with only one alteration, namely, the limitation of the number of weeds, and I do hope that the House, which dislikes legislation by reference, will not, because I have taken this course to meet their convenience, spend a lot of time in discussing the details of the Schedule which are, as I say, precisely as they were in the 1920 Act.

I am very glad to hear what the right hon. Gentleman has just said. It is the first time we have heard in this Debate—perhaps the right hon. Gentleman has not before had the opportunity to tell us—that this Schedule actually contains nothing that is not contained in the various Sections of the 1920 Act. If that be so, I am very pleased to hear it. When the right hon. Gentleman said that the House dislikes legislation by reference, of course that is true, but the legislation by reference, so far as agriculture is concerned, with the addition of this Bill on top of the existing Acts, is such that I am sure no farmer will really be able to know what he is after, or to ascertain any particular point from these various Acts. Therefore I hope the right hon. Gentleman will do what he said to me about six months ago he would do, and that is, codify all these Acts now. It will be a simpler matter now that he has repealed most of the 1920 Act. He said he would take that into consideration, and I really do hope he will. It is extraordinarily difficult for ordinary agriculturists to understand these Agriculture Acts as they are now on the Statute Book. The Minister has all his advisers, such as the Solicitor-General and other able and distinguished lawyers to help him. I do most strenuously urge the right hon. Gentleman, as soon as he possibly can, to codify the various Agriculture Acts.

Does the right hon. Gentleman realise how unequally the classification under paragraph (8) will apply throughout the country? Certain weeds only are specified, and there are areas of the country which have not those weeds, but have others even more disastrous, and the effect will be such that there will be an unequal administration.

I can only say that if some places are free from these particular weeds, they are very fortunate. I am advised by my experts, who have technical knowledge which I do not profess to have, that these are the injurious weeds, and therefore I think I am right in putting them in the Bill.

I ask leave to withdraw my Amendment.

Proposed Amendment to the Lords Amendment, by leave, withdrawn.

Question,"That this House doth agree with the Lords in the said Amendment, as amended," put, and agreed to.

Title

An Act to repeal the Corn Production Acts, 1917 and 1920, to make provision as to payments under those Acts in respect of the crops of the current year, to provide funds for agricultural development, to promote the formation of joint conciliation committees for the industry of agriculture, and to make certain consequential Amendments in Section twelve of the Agriculture Act, 1920.

Lords Amendment:

After the word "twelve," insert "and to repeal sub-section (1) of Section fifteen."

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This is consequential on the Amendment carried in the Division just now.

The House will recollect that when the original Lords Amendment, to which this is consequential, was moved, I asked Mr. Speaker whether or not in was in order, and I desire, with the permission of the House, to say a few words now on that matter. I hope the House realises what it is doing, and what the Government is doing, in accepting the Lords Amendment in this particular. What has happened? I ask the attention of the House to these words in the Title of this Bill as it left this House—

" to make certain consequential Amendments in Section Twelve of the Agriculture Act, 1920."

We were informed by the Government when this Bill was going through this House, that the Title had been specifically drawn in this manner in order to prevent Members in this House proposing Amendments to the Bill other than those dealing with the Corn Production Act, 1917, Part I of the Agriculture Act, 1920, and Section 12 of the Agriculture Act, 1920, and, although many of us would have wished to move Amendments to this Bill on matters dealing with parts of the Agriculture Act, 1920, other than those included in the Title, such Amendments would, of course, be ruled out of order by Mr. Speaker or by the Chairman of Ways and Means. What happens? The Bill goes to another place, and an Amendment is there put in, to which I am not going to refer at length, as it has been discussed—an Amendment which many of us consider of grave consequence, and which requires an alteration in the Title. It comes down to this House, and the representative of the Government moves that the House agree with it, and consequently moves that the Title be amended in order to come into line with the Amendment made by the Lords. If the House agrees to such procedure, which, so far as I am aware, is unprecedented, I think it will be a mistake. I shall be very glad if the Minister can point to any precedent for such a course. If the House agrees it is inviting the filching away of many of its rights and privileges, and putting them into the hands and power of the other House. Why do I say that? Because the Amendment that has been put in in another place, and which deals with something original and outside the scope of the Bill, can be discussed in this House, but no Member here can move any Amendment dealing with any other part of the Bill because it is not in order. It is not in order now to amend the Title in this House. I can quite understand that the Minister of Agriculture treats this matter as a jest—

He did not like, I presume, to move this Amendment in this House; he preferred to leave it to his friends in another place.

Does the hon. and gallant Gentleman really suggest that I put it into the hands of a friend in another place to move this Amendment; because that is a most unjust and unfounded charge.

Of course, I unreservedly accept what the right hon. Gentleman says, but he is pleased to treat with mirth what I am saying.

That is, of course, just what Ministers do. That entirely typifies their attitude.

I understand that the Question before the House is the acceptance by this House of a certain Amendment put into this Bill in another place. The point has been raised as to whether such Amendment could not have been moved in this House. Mr Speaker has ruled that, though it could not have been originally moved in this House, the only point before the House at present is whether the Title shall conform to the shape the Bill has taken in consequence of the acceptance of the Amendment. If that is so, it appears to me that the hon. and gallant Gentleman is reviving the discussion on the former point, which should be attended to and passed elsewhere. He ought to confine himself now to the much narrower point: whether the Bill, being shaped as it is, the present Title is sufficient or ought to be changed.

With great respect, may I say I was attempting to show why the House should not agree with this Amendment. By doing so it would be creating a precedent, and an Amendment of this nature ought not to commend itself to the House. If the House agrees to an Amendment of this kind now it encourages the Government on future occasions to leave important Amendments, not to be moved in this House but to be moved in another place, and then brought back to this House and moved and agreed to here, while this House is unable to move any Amendment to any part of the Sub-section to which the Amendment itself refers. That is what I was attempting to show, and that the House in agreeing was depriving itself of its control over the executive in respect to Amendments moved in this House. This is a question to which the House ought not to give its sanction, and I have yet to hear that there is any precedent for this sort of thing.

That argument would be perfectly relevant to the Amendment which has been passed. But the Amendment having been passed, the only question before us is whether the present Title is a proper Title.

May I, with great respect, ask whether it is not in the competence of the Government to refuse its assent to this Amendment to the Title? What I desire to bring before the House is that this Amendment of the Title should not be accepted by the House for reasons I have endeavoured to submit.

What I moved was that this House doth agree with the Lords in their consequential Amendment.

The Question is "That this House doth agree with the Lords in the said Amendment."

Question put, and agreed to.

Ordered, That a Committee be appointed to draw up a reason to be assigned to the Lords for disagreeing to one of their Amendments to the Bill.

Committee nominated of Sir A. Boscawen, Sir E. Pollock, Mr. Fitzroy, Mr. Acland and Mr. Royce.

Three to be the quorum.

To withdraw immediately.—[ Sir A. Boscawen. ]

Reason for disagreeing with the Lords Amendment reported later and agreed to.

To be communicated to the Lords.—[ Sir A. Boscawen. ]

Guard's Memorial

I beg to move,

As the House is aware, there are many units which fought during the War who desire to perpetuate the memory of those who fell, and of those, I am certain, that here in London there is no corps which will find a readier assent from this House for that purpose than the Division of Guards. It is always a difficult matter to select a suitable position for such a memorial, and those who are responsible for the care of the parks in London have always been very jealous, and rightly so, of placing in those parks only memorials which would not be contrary to the views of many of the citizens of London. But in this case I feel confident that the House will grant the necessary authority, because the position is peculiarly associated with the Guards, both past and present.

The Horse Guards' Parade has been the scene, on many occasions, of great spectacular shows, and its associations with the Guards cannot be equalled in any other part of London. With regard to any objection which might be raised as; to infringement upon the parks, it is in this case only upon the edge of the park that any alteration will be made. Instead of a reduction of the park, the scheme really provides for an addition to the green, and to the space for trees. The altera- tion of the roadway will, I believe, be an improvement, because the present road certainly requires repair and re-making. The only cost which will fall upon the public will be those moneys which have already been voted by this House, and are apportioned for the employment of men out of work during the coming winter.

The actual money which is spent upon the memorial itself is provided by private subscription. Perhaps I ought to say that in addition to the alteration of the park and the increasing of its size, there will be additions of grass plots outside the India Office and other offices in that vicinity. In my judgment—although this is a matter of opinion—the increase of this grass space and the placing of grass in the foreground of this building, will be an improvement. Anyone who sees the great advantage from that point of view, looking at Westminster Abbey and its surroundings, will, I think, agree with that point.

9.0 P.M.

My hon. and gallant Friend has been very skilful in making this proposal to the House, because he has avoided the real question at issue, and has spoken neither to his own Motion nor to my Amendment. Of course, it is skilful on the part of my hon-and gallant Friend to turn his proposal into something with which we all equally agree, no one more cordially than I do, that is, a memorial to the Guards. No one agrees more thoroughly than I do that the site chosen for it is the best that could be chosen, and we are glad to see it there, but the Motion of my hon. and gallant Friend has nothing whatever to do with the erection of the memorial. What he says is that it is desirable, not that a memorial shall be erected, but that

What I object to is the interference of this pestilent hand of the Office of Works with the simplicity and beauty of our parks. We know what their action has been in the past. We know what the history is of the Office of Works with regard to our parks. Over and over again they have erred against every rule of taste, of simplicity, and of care for the interests of the public in order to pursue-some extraordinary fantastic notion that has been elicited from some brain within the Office of Works. It is perfectly easy to see what was the idea of the Office of Works. It is perfectly hopeless for me to protest, because the great mass of hon. Members care very little as to what happens to the London parks, and it is a perfectly forlorn hope for me to attempt to resist the myrmidons of the Office of Works, if they wish to lay their hands on the beauties of the park.

The other day I took the opportunity of writing my views to the "Times" on this subject, and since then I have had constant letters from artists and other people interested expressing their complete agreement with me as to the the destruction which this proposed change will bring about. The Londoner never thinks at the time what is happening to his parks, and he listens apathetically to any proposals which come from that gorgeous palace which stands at Storey's Gate. It is only when it is done, and he sees how his park has been destroyed, that he begins to get angry, and then it is too late. I enter my protest against this destruction of one of the most beautiful and most unique sights in the whole of London, a sight picturesque beyond anything you can mention. There are three great artists in bringing about the beauty of a city. They are Time, Use, and Convenience. The Parade of the Horse Guards, with all its picturesque views, has been shaped by these three artists, Time, Use, and Convenience. The beauty of the entrance from the Mall is that grove of trees irregularly planted not in the line of the buildings, and that is the unique beauty of the place. But the Office of Works have the usual fault of bureaucrats, and they cannot allow any ordinary citizen to walk anywhere but in a straight path of their laying down.

The beauty of the Parade is that the moment anyone who has an eye can see it when he enters. What strikes a stranger most when he visits London? The moment he gets into the Parade he sees that everyone is not walking in line, and he is free of the streets and moving according to his own wishes in the gardens as he chooses. That is the charm of the place. You move, not along rails and set paths, but you walk through trees which are growing irregularly, the very beauty of which is their irregularity. My hon. and gallant Friend has appealed to the past of the Office of Works. I would remind him of the hideous road which they have made at Storey's Gate, in one of the most beautiful spots of London, until the First Commissioner of Works, the present Lord Harcourt, exercised his fell will upon it and destroyed it. Could there be a more inconvenient and worse constructed road than that which passes in front of the Office in Storey's Gate? My hon. and gallant Friend says that we are getting a space which every citizen of London can walk freely over. We are going to get a certain set of additional squares of grass surrounded by hideous stone blocks, the most unnatural, the most hideous, the most tasteless thing you can possibly conceive, and these ugly green patches are forsooth compared with the beauty of the green surrounding Westminster Abbey. Until a few years ago where we now have these grass plots surrounded by great stone balustrades, we walked under very beautiful trees. I asked Lord Harcourt when these were enclosed by the Office of Works about ten years ago, if the trees would be preserved. I was assured that they would be, that no harm would be done to them, and that when the barricades were removed they would be there. Shortly afterwards, without the slightest notice, the whole of the trees were cut down, and we had in their place only hideous green plots and stone balustrades. We are now to have more of these We are told what a great advantage it will be to have included some new plots, and it is suggested we ought to accept the change with great gratitude, and that we ought to accept in place of the trees at the north end of the Parade growing now in their beauty, rows of trees according to the fancy of the Office of Works. It is the voice of the bureaucrat. He will have us walk in narrow lines. The Office of Works has a double dose of original sin in this matter, because it is adding to the usual bureaucratic drill, a monster of hideous vulgarity, a sort of mixture of the Wilhelmstrasse in Berlin and Selfridge's in Oxford Street. We knew the Noble Lord who now presides over the Office of Works as a genial colleague and eminently as a man of taste. I am absolutely certain he would not have consented to this thing had he not been one of the instruments of the Office of Works, and I hope my hon. and gallant Friend will transmit my words to Lord Craufurd, because I believe he would have been one of the most strenuous in his opposition to this sacrilege which is being worked in our park. Above all things, my Noble Friend is not only a man of great taste, but he had a keen sense of humour, which apparently has forsaken him. When I spoke to him on this matter at a certain meeting in one of the Committee Rooms he said to me, "Cannot you see these green plots which we are going to make? Cannot you recall in them the beauty of the Cathedral of Pisa? "Surely when he compared these hideous plots with the Century grass out of which Pisa rises he must have been corrupted by seriously bad company. I am as eager as anyone to see a worthy memorial to the Guards Brigade. I am as convinced as anyone that a better site for it could not have been chosen than that Parade, so linked with their memory and associated with them in all their pride, but that does not justify the Office of Works in suppressing as they have suppressed the opposition shown to this scheme which destroys, by substituting for it a formal, regular rule of artificiality, the beauty of that old parade which was one of the ornaments of our city, and the disappearance, of which will be lamented hereafter by Londoners when they come to contrast it in their memory with the formal line which it is suggested should take its place.

Question put, and agreed to.

Resolved,

That, in the opinion of this House, it is desirable that the work proposed to be executed in St. James's Park in connection with a Memorial to the Brigade of Guards, to be erected facing the Horse Guards Parade, should be proceeded with.

Telegraph (Money) Bill

Not amended ( in the Standing Committee ), considered.

Bill to be read the Third time Tomorrow.

Trusts (Scotland) Bill [Lords]

Not amended ( in the Standing Committee ), considered; read the Third time, and passed, without Amendment.

Criminal Procedure (Scotland) Bill [Lords]

Not amended ( in the Standing Committee ), considered; read the Third time, and passed, without Amendment.

Public Works Loans (Remission of Debts)

Resolution reported,

"That it is expedient to authorise the remission of arrears of principal and interest due to the Public Works Loan Commissioners in respect of Eyemouth Harbour, in pursuance of any Act of the present Session relating to Local Loans."

Resolution agreed to.

Supreme Court Officers (Retirement, Pensions, Etc.) [Allowances]

Resolution reported,

"That it is expedient to authorise the payment, out of moneys provided by Parliament, of any allowances payable or other payments to be made by virtue of any Act of the present Session to make further provision with respect to the appointment, conditions of service and pensions of certain officers of the Supreme Court in England, and to authorise the abolition of certain offices therein, and for purposes connected therewith."

Motion made, and Question proposed, "That this House doth agree with the Committee in the said Resolution."

I. am afraid the House does not really appreciate the importance of the principle connected with this Resolution. We are asked to provide for the pensions of certain officers of the Supreme Court in England. The officers with whom we have to deal, although their number is mot very large, are yet of a certain importance, and I wish, on this Resolution, to raise a matter of principle. In the First Schedule to the Supreme Court Officers (Retirement, Pensions, etc.) Bill, the officers are specified to whom this Resolution applies. They are the Official Referee to the Supreme Court, the Official Solicitor to the Supreme Court, and various others. I do not object—I do not know enough about it—to the scale of retiring allowances which is laid down, and to which this Resolution refers, but I want to draw the attention of the House for a moment to a new item of retiring money which has lately sprung up, namely, the war bonus, which is included in this Resolution.

In the old days a civil servant who retired on a pension paid out of moneys voted by this House, such as those with which we are dealing under this Resolution, received one-fourth, two-thirds, or whatever the proportion was, of the salary he was drawing, as a retiring pension for his declining years. Although I understand that the mode of assessing the pension on the salary in these cases has been somewhat changed, that is a matter of detail which I do not intend to go into or raise at this moment, but the matter which I do want to raise, and about which I want to ask for information from the Government, is with reference to war bonus. For the last two or three years the Civil Service, rightly or wrongly, has received a war bonus, and the ordinary man in the street has imagined—at any rate, I have—that the war bonus was a ephemeral thing, given to the civil servant to enable him or her to tide over the War emergency while the cost of living was unduly high, that when the emergency had disappeared the war bonus would disappear with it, and that we should go back to a proper scale assessed by Parliament and by the Government on which the salary of the civil servant and his retiring pension were based.

The Financial Secretary will correct me if I am wrong, as I very easily may be, because it is very difficult to understand what the Regulations for pensions are and what the war bonus Regulations are. I have tried to find out, but it all appears to be wrapped in mystery in order that the House may not discover it. As far as I can make out, if a civil servant retires now or at some future time he will receive, not only a pension based on the amount of his salary, but also an additional pension based on the amount of war bonus that he is receiving now; and that pension will never be reduced in any circumstances, even though the cost of living within the next ten years goes down to what it was in 1914. If that be so, I think the House of Commons will not be doing its duty by the taxpayers if it does not inquire somewhat more carefully into the terms of this Resolution. It is true that what we> are discussing is probably a bagatelle of some £2,000 in connection with the retiring pensions and war bonuses of a very few officers, but it is not every day that one has the opportunity of raising a question of principle, and, whether it applies to one individual or to 20,000, we, as the guardians of the public purse, must probe these things to the bottom to see whether we are justified, in these times of terrible financial stress which are pressing upon everyone in every class, in passing this Resolution without the most earnest scrutiny.

I understand—I may be quite wrong, but I take it that I am right, as I have not been corrected so far by the Government, though perhaps they do not know any more than I do—I understand that, if a civil servant is receiving at the pre sent moment, say, £600 a year, and that his war bonus, as it well may be, is £400 a year, when he retires this year or in any future year, under the terms, which I will read in a moment, of the report of one of these Whitley Councils—which are composed entirely of people fixing their own salaries—he will receive his pension on his salary of £600 a year, but, in addition to that, if his war bonus is £400 a year, he will receive also a pension based on 75 per cent. of the war bonus, namely, £300. Thus he will receive one-half of the 75 per cent. as a permanent addition to his pension as long as he lives. That is to say, if he is receiving a war bonus of £400 a year, he will receive, in addition to the ordinary pension which he derives from his salary, a permanent addition of £150 a year. It does not matter if the cost of living in the next five years goes down to what it was in 1914; he will receive that amount to the end of his life. It is a most outrageous burden to put upon the taxpayer that we should be saddling the national funds for ever and a day, as long as a man lives, with a pension based on a war bonus which was only justified owing to the exceptional circumstances of the years 1914 and onwards. I hope we shall have some real explanation from some expert in the Government, and that we shall not be put off with a statement that it will be looked into at some future time, and the information given after His Majesty's faithful Commons have gone off to the seaside, when it cannot be acted upon.

I am not speaking entirely without some foundation. I have here Command Paper 1107 of this Session, which contains a report on the cost of living. A Joint Committee was appointed composed of Members nominated by the official and the staff sides of the Civil Service National Whitley Council. That means that the official side and the staff side of the Civil Service got together round a table and said, "We have a very nice war bonus and the bonus shall count as pension." Where do the taxpayers come in? The very people who are to receive this war bonus while they are serving, are to have it assessed to them for pension; decide what the bonus is to be and what the pension is to be. The Whitley Council may be all right in its proper sphere. It is all right when there are employer and employed sitting together and the two sides hold an even balance, but when you are having them entirely composed of people who are voting their own bonuses and pensions it is a very large draft upon our credulity that we should think they will not vote themselves more than the nation can really afford. "In the case of people retiring after 1st March, 1920, the pay and emoluments on which their pension and gratuity would normally be granted shall be increased by 85 per cent. and the amount of bonus reckoned in for pension shall be the average annual amount drawn in the three preceding years or three-quarters of the bonus actually drawn." If the answer is not satisfactory I hope I may have the assistance of other hon. Members to probe this matter. It is a matter of principle. Members of all parties ought to join and see whether some lightening of the burden on the wretched taxpayer cannot be accomplished. It seems to me that although everyone talks of economy there are very few who will really make a concrete proposal. I hope we may have some explanation from the Government which will allay my suspicions and apprehensions.

I understand my hon. and learned Friend the Member for Cambridge University (Mr. Rawlinson) asked a question about the estimated expense of the Bill. I take it that he means the estimated extra expense beyond the pensions.

I do not press the point if the right hon Gentleman has not got the figures, but what I asked was an estimate for the current year.

I have looked into it from the point of view of the difference which the Bill made, and, so far as we are able to estimate it, it will make practically no difference at all. It makes things more easily calculated, and the various officers know better where they stand, and having regard to the discretion which is given in the matter of pensions, it will probably be found, if there is any change at all, that it will save money rather than cause extra expenditure. I am sorry I have not the actual figure, but I can give it to my hon. and learned Friend. With regard to the very interesting speech of the hon. and gallant Member for Fylde (Colonel Ashley), that seems to me to be directed to the whole question of the Civil Service and not really to this Bill, and I am afraid that places his speech entirely out of my Department. I cannot possibly answer for the whole of the Civil Service.

Is it not a slip in the Bill that it is worded so as to be applicable compulsorily even to those now in office?

This Bill really covers a very much narrower field than the very wide one which has been opened by the hon. and gallant Gentleman. This covers only a very small question of setting up a special scheme of pensions for a certain number of officers who, I believe, are not in the strict or technical sense of the word commonly regarded as civil servants at all. I am, therefore, somewhat loth on this narrow occasion to embark on the larger question. Nevertheless, I feel that so far as the Rules of Order permit, it is my duty to give the information the hon. and gallant Gentleman requires. There are one or two misconceptions in his speech which I should like to remove, though a great deal of what he said is perfectly accurate. In the first place, let me protest against what is not so much a misconception as, I think, a misorientation of one of the principal questions in connection with the pensions and salaries of the Civil Service. The hon. and gallant Gentleman was inclined to throw doubt upon the organisation of the National Whitley Council, and to suggest that civil servants got together, and will it be too much to say his suggestion is that there is something in the nature of a genial conspiracy against the taxpayer? Nothing could conceivably be further from the true state of affairs upon the National Whitley Council. The interests of the taxpayer are represented there by the official side strenuously with a degree of devotion, ability and knowledge of what is required by the public service, and what the interests of the taxpayers, which it would be difficult to rival or to improve. It cannot be made too clear that the official members of the National Whitley Council do not, and cannot by the circumstances of the Council, ever consider any salary which can either be their own or approach anywhere near their own. The National Whitley Council does not, and cannot, concern itself with salaries of over £500 a year. The official members of the National Whitley Council are, of course, all highly placed officials with salaries above that figure.

May I interrupt the right hon. Gentleman on the point of the£500 a year, and draw his attention to this item in the Report?

"It has been conveyed to us that if the above scheme becomes operative, it will, in any event, be applied so as to include officers up to £1,000 a year."

Therefore it is not quite correct to say £500 a year.

If the hon. and gallant Gentleman will allow me to say so, it is perfectly correct; I am right, and he is. Wrong. The constitution of the National Whitley Council prevents the consideration before that Council of any salary over £500 a year. I would ask the hon. and gallant Gentleman to accept that from me as a statement of the correct position of affairs. I would pass to one or two questions which he put to me upon the matter of the present pensions scheme of the Civil Service. I would like just to make it clear that the bonuses of civil servants and the range of salaries which I think he had in mind are by no means commensurate with, or equal to, the cost of living. On the other hand, they are far from it. From 35s. up to £200 it only amounts to 60 per cent. of the estimated increase in the cost of living which is paid an bonus, and from £200 to £500 a year it amounts to no more than 45 per cent. in the increase in the cost of living as shown by the Board of Trade figures. So we are not dealing here with anything like an increase commensurate to the estimated increase in the cost of living, but with only a small proportion of it.

The present bonus scheme is this. The pension under the Superannuation Act, which governs these matters, is, according to the words of the Statute, to be calculated as a basis upon the emoluments which are being received by the pensionary at the time of his retirement. That statutory income had to be interpreted by the Treasury when the complication of a bonus was introduced. Two alternative schemes were possible, when it became necessary, in the course of time, and with the introduction of this elaboration, to take into consideration the bonus and the rise in the cost of living. The pensionary might have been given an increase in his pension in respect of the whole bonus which he was receiving at the time of his retirement, but that might have been made variable with the cost of living after his retirement. That was a course that was not adopted, and for practical reasons which were overwhelmingly strong. In the first place, the administrative work of reassessing the bonus of all pensionaries, with every rise and fall in the cost of living, would have been extremely difficult and ruinously extravagant. In the second instance, nothing is more clearly apprehended among those who consider the welfare of the retired civil servants than that it is essential, for their interests and wellbeing, that when they retire they should see what pension they are going to have before them, and should not be in constant doubt. That is the principle which we are recognising, and rightly recognising, as regards the wounded men. The other alternative was to make a fixed increase in the pension in respect of the bonus; of making a rise in the emolument, but to assess it at such an amount as would be about fair and would make a mean between a possible increase and a possible fall in the cost of living.

That second course was adopted. It was decided that the pension should be calculated upon this basis: the permanent salary at the time of retirement and 75 per cent. of the bonus. The House will remember that the bonus itself, in many cases of high salaries, amounted to only 45 per cent. of the rise in the cost of living, and in other cases to only 60 per cent. This course was adopted for the reason that the variable pension would have been most unfair to the pensionary; it would have been almost impossible of administration, and ruinously extravagant to administer. That mean was struck, and that rule made. Of course, that will vary. The figures given by the hon. and gallant Gentleman were quite out, if I may say so, and for this reason, that I do not think that he discriminated between the basis of pension and the pension calculated upon that basis of pension as a certain percentage for every year. If he will allow me to recall his attention to the fact that the pensionary at the time of his retirement has not the full emolument plus his percentage on bonus but only a proportion of that calculated for the length of service, he will find that the figures he gave are really very gravely exaggerated. I welcome this opportunity, although it may be rather an unusual one on a small Bill, of making this explanation of the scheme for the pensions of the Civil Service. Owing to the Statute, the pension has to be based on the emoluments at retirement and had to take into consideration the bonus. In taking into consideration the bonus it was impossible, for practical reasons, to make it a sliding scale, varying all through the later life of the pensionary with every rise and fall in the cost of living. This percentage was 75 per cent. and, in a large number of cases, on what was only a small fraction, 45 per cent. in the rise in cost of living. This 75 per cent. of the bonus was added to the basis of the pension as it was a fair mean to arrive at.

Will the right hon. Gentleman say to how many officers this Resolution will apply? Secondly, will he say what is the estimated cost of fulfilling the terms of this Resolution?

Perhaps I can answer the question. I am afraid I cannot say the absolute numbers of officers, but it is not very great. If the hon. Gentleman will look at the Schedule he will see that there are a number of taxing masters. One is a legal visitor in lunacy, and so on. This Schedule represents fairly well the number that there will be. In some cases there are half a dozen, but they are really very few. So far as the extra cost is concerned, it is very difficult to say how it will work out. The probability is that it will result rather in saving than in anything else.

The Financial Secretary to the Treasury began his speech by saying that this was after all a very small matter, that it only applied to a few people, and that he really could not go into the whole question of the Civil Service upon a matter which only applied to a very limited number of people. That is a very misleading argument. What has happened and what is happening now? One man has his salary raised or his pensioned calculated upon bonus plus salary. Immediately everybody else in the Civil Service and in any Government employment whatsoever, and under local government, comes forward and says, "Because that one man has had this done I must have it done too." Therefore, the argument that this is happening to apply only to a small number of people is perfectly illusory. Whatever is done to this small number of people will be taken as an argument for insisting that similar advantages should be given to everybody else in similar circumstances in Government employment. The Government will be the first people who will say that "It has been done to somebody else and of course it must be done to these particular people." So far as I can understand it, my hon. and gallant Friend the Member for Fylde (Colonel Ashley) was quite correct when he stated that the pension was calculated not only upon the salary, but upon the bonus as well. What is a bonus? In most superannuation funds and schemes of various commercial bodies, a bonus is never added to the salary in order to arrive at a pension. A bonus means something apart from the salary which is given for a special occasion, and it should never be added to salary. I do not know what is the salary of these different people, but I should not be surprised if they have £1,000 or £2,000 a year each, and I understand from the Financial Secretary that a person with a salary of, say, £2,000 a year has his bonus added to that salary for the purpose of pension. He says that the bonus only represents a certain percentage. I forget the exact percentage, but we will say that it only represents 50 per cent. or 45 per cent. of the increase in the cost of living. If that is all that is added to a salary of £2,000 a year the taxpayer ought to be very pleased if he gets off so cheaply. Why should a person in the Civil Service who may be receiving £2,000 a year be put in anything like the same position he was in before the War? How many thousands of people are there who are working hard, or living on the little money the Government have not taken from them by taxation, death duties, etc., and who have had nothing added to their income because the cost of living has gone up? I can well understand a man who has only £l or 25s. a week saying that the cost of living has gone up so much that he cannot live, but that does not apply to a man with £1,000 a year. He has to make sacrifices as we have all had to make sacrifices. To come here and say that people who have made sacrifices, whose income is much less than it was before the War, and who have to pay enormous burdens of taxation, should be called upon to add a bonus to the pension of a person who has a very much larger income than they have, and that he should be put in practically the position he was in before the War, is perfectly absurd, and I doubt very much whether the taxpayers would stand it. The Financial Secretary said in effect, "Not only have we included this bonus in the pension, but we have so arranged that if the cost of living goes down, the bonus that was given because the cost of living has gone up shall still be the pension, and nothing shall be deducted from the pension because the cost of living has gone down." Here we are to-day, with Income Tax at 6s. in the £l, Super-tax at 4s. or 4s 6d. in the £, Death Duties at a big rate, and all other taxation enormous. We have to pay 2d. for a letter, and do not get the facilities either of a Sunday delivery or of a Sunday post out, and then the very gentlemen who are engaged in depriving us of our facilities are to have their salaries made up to them so that they shall not suffer very much because there has been a war. It is about time we had an end of this business. I am not talking of salaries of £200 or £300 a year, but I am talking of the higher salaries. It is about time we had an end of the increasing of these higher salaries to meet the rise in the cost of living. I trust that my hon. and gallant Friend will go to a Division, and I shall certainly support him if he does. We were told two years ago that there were going to be great economies. The present Leader of the House, who was then Chancellor of the Exchequer, said that unless there was economy we should soon be bankrupt. We have not had any economies, but we have had further burdens put upon us, and the prophecy of the Chancellor of the Exchequer that we shall soon be bankrupt will come about if this sort of thing goes on. It is easy to be generous with other peoples money. That is what the Government is suffering from at the present time, and I hope that when the next election comes, it will be remembered against them.

I should like to know why there is no provision in the Bill for the compulsory retirement of judges.

There are 12 persons in Part I of the First Schedule, and two persons in Part II, to which the Bill applies. The 12 persons in the first category are to have pensions, but those in the second category are to have no pensions. In the second category there is the Registrar of the Chancery Division and the medical visitor in lunacy. They will be compulsorily retired and get no pension. I see that the legal visitor in lunacy gets a pension, but the medical visitor does not. The medical visitor may get a pension under some other scheme. If so, I should like to know. I should like to know why the 12 persons in the first category, all of whom are lawyers, are to get pensions, while the two persons in the second category do not. Is the Registrar of the Chancery Division put in the second category as a bit of camouflage to suggest that other people besides medical men are treated in that way? I suppose the Anti-Waste party have gone home and gone to bed. At any rate, they are not here.

This Bill does not create any new pension. There are certain classes of officers of the Supreme Court whose pensions are reckoned in a very unsatisfactory way, and all that this Bill does is to put the existing pensions upon a more satisfactory footing. It will probably work out, although we cannot be quite certain, as a saving to the State. If any hon. Member votes against this Money Resolution they will not save the State one farthing, because if the Money Resolution is not carried it will simply mean that the old, less efficient, and more expensive method will continue, instead of the new and, we hope, more efficient and less expensive system which we propose to substitute. With regard to the two officers mentioned, I am afraid that I cannot speak absolutely from memory, but I have no doubt that they are provided for, and provided for in such a way that they do not require their system to be changed. This Bill makes no new pensions. It simply alters the system under which pensions are paid.

I have said that, so far as we are able to estimate, they are not A man goes into the service in most of these cases late in life. Otherwise he would not be fitted by experience for the work. In order to qualify for the pension there is a discretion to add a certain number of years, in some cases 10, in some seven, in some as many as 20. Instead of adding a number of years they will now be paid upon a percentage of their salary when they retire.

This is a question which affects the whole Civil Service. If it is so under the Bill, it is immaterial from my point of view, because it would be so if this Bill were rejected. It may be right or wrong to pay pension on bonus, but this Bill does not touch it. Under this Bill, instead of basing the pension on a certain number of added years, it is cal- culated on a certain percentage of the last salary received. I have had the most careful estimates made, and so far as I have been able to estimate this will result in a saving and not in an increase.

Does this apply to pensions already existing? If a man retired on a pension 5 years ago, is it going to be altered under this Bill?

I think that I can explain the position of these Chancery registrars. I believe that this is one of the matters in which under the Bill we gain a little bit financially, because with regard to those officers the Bill abolishes the added years altogether without admitting them to the benefit of the new system of pensions. That is done because the Chancery registrars are recruited at the comparatively early age of 30 or thereabouts, and therefore, even under the present system, they can if they retire at the age of 72 retire on full pension, and it is not necessary in that case to put them under the new Regulations, but you do gain a little bit by taking away the right to have years added.

Question put, and agreed to.

Exchequer and Audit Departments [Salaries]

Considered in Committee.

[Mr. JAMES HOPE in the Chair.]

Motion made, and Question proposed—

"That for the purposes of any Act of the present Session to amend the Exchequer and Audit Departments Acts, 1866 and 1889, it is expedient—

This matter was fully explained in Debate on the Second Read- ing of the Exchequer and Audit Departments Bill, but for the benefit of those who may not have been present on that occasion it may be well to explain the proposals in so far as there is any question involving a charge. The first part of the Resolution is to authorise an increase in the salary of the Comptroller and Auditor-General from £2,000 to £3,000 per annum. The necessity for introducing this provision into an, Act of Parliament is that the salary of that official is charged on the Consolidated Fund in order to mark the singular independence which is desired for him. Therefore if his salary is to be increased, authority for that increase must be obtained by an Act of Parliament. The second part of the Resolution deals with a purely technical matter and involves no fresh expenditure of any kind, and this occasion is taken to fill up a little gap that was left by the Legislature in 1866.

I beg to move, to leave out the words, "March, nineteen hundred and twenty," and to insert instead thereof the words, "September, nineteen hundred and twenty-one."

I move this Amendment, I need hardly say, entirely on public grounds, and in order to insist on what seems to me to be a constitutional point of real significance. With the public servant whose salary is in question I have no acquaintance, but I have always heard the highest opinion expressed as to his ability and zeal, and I note in the Report of the Public Accounts Committee, which was published either to-day or on Saturday, that the Committee record their sense of the great service which Sir Henry Gibson has rendered to them and to the House of Commons by his ability and devotion. I believe that that opinion expressed on behalf of the Public Accounts Committee of the Comptroller and Auditor-General is shared by everyone with whom Sir Henry Gibson has come in contact in this House. That being so, I wish very sincerely that I could have found it consistent with my sense of public duty to have allowed this Resolution to pass without protest. The point of the protest embodied concretely in my Amendment is this.

The Committee is aware that the Comptroller and Auditor-General is the creation of a very important Act of Parliament, the Exchequer and Audit Act of 1886. I do not think it is any exaggeration to say that the Exchequer and Audit Act is the pivot of the whole machinery by which the House of Commons controls, or attempts to control, the expenditure of public money. In order to render the office of Comptroller and Auditor-General absolutely independent of the Executive, his salary is charged on the Consolidated Fund, exactly in the same Way as that of a Judge of the High Court. This official is said, like other officials, to be underpaid. I am not disputing nor do I assent to that proposition; but I have heard it said also that the Judges of the High Court are grossly underpaid. The point I want to put to the Government is this: Would they have dared to have raised the salaries of the Judges of the High Court by administrative action without previously coming to this House for sanction? They dared not venture on that step. The moment that point was raised, everyone would admit that it involved a very delicate question as to the relations between the Executive and the Judicature.

What is the position of the Comptroller and Auditor-General? His position was indicated by the Act under which the office was created to be precisely parallel and analogous to that of a judge of the High Court. It is for him to detect, and having detected to report upon, any financial irregularities on the part of public officers or public services. I am not, of course, suggesting that such irregularities exist, but I do submit that the Executive ought to have been especially scrupulous in dealing with the remuneration of this pivotal officer. What would be said of the action of a wine merchant—if I may use the analogy—who walked into my house, interviewed my butler and said to him, "You are getting from Mr. Marriott £100 a year. I am not going to make any suggestion whatever to you, but would you mind accepting another £50 a year from me?" That is the position of the Executive in this matter. I am sure that the intention of the wine merchant would be entirely above suspicion. So, I am sure, are the intentions of the Government. But what have they done? In reply to a question this afternoon I was told that as from 1st January, 1919, bonus was paid to the Comptroller and Auditor-General out of the sum taken for bonuses under the Vote of the Exchequer and Audit Department, the fact being stated in a note to the Appropriation Account for 1919–20 and in a footnote to the Estimates for 1920–21, as is the prescribed course in such cases:

10.0 P.M.

There is the justification—ample justification—for what was said just now by the right hon. Baronet (Sir F. Ban-bury). Before one penny was added to the remuneration of this official, I submit that the intention of the Government ought at least to have been notified to the House. [HON. MBMBEBS: "What was the bonus?"] The bonus was £500 a year, I believe. The salary was increased by £1,000 a year, as has been, explained. What was said by the Financial Secretary to the Treasury, in moving the Second Reading of this Bill? He said:

"The opportunity is taken of dealing with two other matters affecting the Comptroller and Auditor-General's office. Under the general rise in the rates of salary of principal officers of the Departments, the salary of the Comptroller and Auditor-General was raised from £2,000 to £3,000. As the House is aware, the salary of the Comptroller and Auditor-General is paid, not out of Votes, but out of the Consolidated Fund. That is done in order to mark the exceptional independence, freedom and dignity of the position of this great officer of the House of Commons. That being so, the change having been made in the salary of the Comptroller and Auditor-General, it is essential, and I think the House would require, that power—

I beg the House to observe this—

"should be taken by Statute to pay any addition to the salary in the same way as the original salary was paid, so that in no respect should the independence of that officer be qualified by any part of his salary even being paid out of the Votes."—[OFFICIAL REPORT, 5th August, 1921; cols. 1886 and 1887, Vol. 145.]

I should think not! The mere suggestion that part of the salary of this servant of the House of Commons, whose salary is by Statute charged to the Consolidated Fund, should be paid by the Executive is surely enough to make the great Constitutionalists of the past rise from their graves. What would Mr. Gladstone have said? Great financial purist that he was, he was also a great stickler for the rights and dignity of the House of Commons. By their procedure in this

I should like to support my hon. Friend who has moved this Amendment. I am convinced since his speech, and since the replies given to the questions which were put to-day, that quite a new feature has been brought out in connection with this matter. It is not; in the least a personal matter. I also have the greatest respect for the officer whose salary is under Debate, and it is not because one feels that he has not carried out his duties perfectly well, that one wishes to criticise this Resolution. The Financial Secretary to the Treasury who generally gives the House so much information in such an able manner, has not dealt adequately with this Resolution. He gave practically no explanation.

If the hon. Member will permit me to say so, I spoke at some length on the Second Reading.

After all, this is a Money Resolution and when we come to a Money Resolution, a certain amount of explanation should be given to-the House. Are we to understand that this money has already been spent? The Vote is retrospective.

I should like to ask the Financial Secretary if the money has already been paid to this, officer, because, if so, it is a perfect farce to ask the assent of the House to the payment. Only a short time ago a memorial was presented, not by six Members nor 60 Members nor 160 Members, but by very nearly 200 Members of this House to the Chancellor of the Exchequer, expressly asking him to see that in future no money was spent unless this House had given its consent. The Chancellor of the Exchequer in his answer to that memorial said he would do his very utmost to see that except were a matter was absolutely urgent, no money should be spent beforehand unless this House had given its consent. It seems to me now, that the answer of the Chancellor of the Exchequer to that memorial is absolutely waste paper. If this money has been spent without the consent of the House being obtained, it is perfectly useless in such circumstances to send: memorials to the Chancellor of the Exchequer and get replies from him on the subject. I also notice that in this Resolu- tion the House is asked to give its specific consent to an increase of a certain fixed amount, namely, from £2,000 to £3,000, but in the latter part of the Resolution it seems to be left to the Treasury to determine what certain increases may be. Why should that distinction be made?

If I may venture to clear up the misapprehension which seems to exist in the mind of the hon. Member, may I say that I explained that the second part of the Resolution has no reference at all to the first part. It sets right a certain imperfection in the form of legislation dealing with the Exchequer and Audit Office, and bases all salaries paid throughout the Exchequer and Audit Office upon express Parliamentary authority. It has no effect upon the Comptroller-General's salary.

I do not understand that explanation in the slightest degree. To me it is entirely obscure. I do not know whether the other Members of the Committee understand it or not.

Let me try again. When the Exchequer and Audit Act was passed in 1866, it was not the invariable practice when establishing a new office or new service to take express authority in the Statute for the payment of salaries in connection with the office or service. Since then that excellent practice has grown up, and whenever a new service is established, which will require officers and salaries for those officers, express authority for that purpose is taken under the Statute establishing it. That is not only done in regard to new services, but by way of perfecting the form of legislation, when opportunity occurs, and of dealing with old services which have not had a statutory start in this respect, an express Clause is passed in some subsequent Statute which affords the opportunity. That is what is being done here. We are passing this Resolution relating to a Clause which will for the first time give special statutory authority for the employment and payment of all clerks and officials in the Exchequer and Audit De- partment. Formerly the only authority for their employment and payment was in the Votes of Parliament on the Estimates. Express statutory authority is now being provided.

I think the Committee should consider carefully what has been elicited from the Government both here and in the former discussion upon this matter. I do not think the Committee yet sees fully the seriousness of the point involved. The Auditor-General in March, 1920, was in receipt of £2,000 a year salary, and somebody—it does not appear who—said that after that date he should have his salary raised to £3,000. That does not come before Parliament at all, and that money has been paid, as I understand it, quarter by quarter over since. Every single one of those payments was absolutely illegal. How any business in any city in the world could go on for six months with such irregularities as that is not imaginable. At the end of the year three payments, or £750, have been absolutely illegally paid to this gentleman. What would be the duty in any business, or any company, or indeed in any well-conducted Government Office, in respect to those payments? That £750 should have been reported at once by the Auditor-General to have been illegally paid, but the Auditor-General was the man himself, so that you have the illegal payments made throughout 1920 and the illegal payments since made in 1921, and the Auditor-General himself is the only person, so far as I know, whose duty it would be to report the matter. It may be that I am putting it wrongly upon him, but the only authority which has the power of altering his salary is an Act of Parliament. The second point which the Financial Secretary explained just now rather frightens me, I must acknowledge, for, as I understand it, not only is the Auditor-General's salary to be increased, but a very large number of salaries in his office come up year by year to be dealt with upon the Votes. Does this Resolution mean that in future they are to be paid out of the Consolidated Fund?

The matter is, of course, one of a good deal of difficulty and technicality, but it does not mean that at all. These salaries will have to be voted year by year, by Parliament, on the Votes, as before.

I am much obliged for that explanation, but I understand that as far as the Auditor-General's salary is concerned, it will remain on the Consolidated Fund exactly as at present, and therefore it cannot come before Parliament at all. There was a large number of people 18 months ago who thought the salaries of the Judges ought to have been raised, but the only way by which those salaries could legally be raised was by an Act of Parliament, They were in exactly the same position as the Auditor-General, and if this increase of the Auditor-General's salary is to be regularised to-night by an apology on the part of the Government for this absolutely irregular proceeding, there would be nothing in the world to prevent them raising the salaries of the Judges, and then coming to the House with a Bill, produced in August, when a large number of Members are away, to regularise those increases. I have no feeling on this case, and I have not the slightest doubt that it is very proper to increase this particular salary, but I appeal most strongly to the Government that they should respect this elementary form of business, namely, that the Consolidated Fund, which can only be touched by Act of Parliament, should not be altered, or spent, or tampered with in any way without the express sanction of this House. If you once begin to do that, you are on a very slippery surface indeed, and it is a matter that no business ought to allow, and in this case I am sure it ought never to have been done. We have heard as a reason why it was not brought before the House before that the Government thought they were going to put it in a Revenue Bill, and, as we know, the Revenue Bill died, but it ought to have teen brought before the House at once. That is no excuse. The illegality had already gone on for nine months. The matter ought to have been brought on before the cash left the till. Nobody should be allowed to put his hand in the till until he has an order from this House to do it. Of course, I am only putting it colloquially, and not in any offensive manner. It is an important point, and I hope the House will see to it in the future.

I entirely appreciate the point of view which those Members of the Committee who have spoken have expressed. They could not have put too strongly my own personal feelings upon this particular matter. I feel as strongly and as earnestly as anybody does the absolute necessity for getting authority for payments before they are made, and not after they are made. When the hon. Member for Wood Green (Mr. G. Locker-Lampson) stated to me some time ago the effect of the Resolution to which a large number of Members of this House had come, I think that I readily assented to the proposition which he made. While I say that I think the House quite rightly has taken an opportunity to-night of rubbing it in, so far as I am concerned, they are rubbing it in to an absolutely convinced believer in the theory which they are putting forward. The hon. Member for Wood Green was somewhat ungenerous when he said that there was no use in passing these Resolutions or getting assurances from the Chancellor of the Exchequer, when, immediately after, you find an instance of that to which they object being brought before the House. I would beg him to remember, however, that the Resolution of the Members of the House and their appeal to me were made long after the actual facts which we are endeavouring to set right. The beginning of this trouble was 18 months ago. It did not begin with the Resolution, and, therefore, no pledge that I gave at that time has any application to a thing which began 18 months ago.

The hon. Member must be prepared to be fair in this matter. I think he was somewhat unfair to the Financial Secretary to the Treasury when he complained that he had not made a long speech in explanation. That seems to me a reproach entirely unjustified, considering that the whole matter had been carefully explained to all who desired explanation in the speech which the Financial Secretary made on the Second Reading of the Bill, and I have yet to learn that it is very good politics to say that, "What I say three times is right." After all, if you say it clearly on the first occasion, it is as right then as it is when said the third time. I think my hon. Friend will, at least, excuse the shortness of the explanation given to-night when he considers all the circumstances. Let me ask the Committee to consider for a moment the difficulty in which the Government was placed. I am perfectly certain that they will agree at least with the first part of the action which the Government took. There had been the report of a very important Committee as to the salary of the upper branches of the Civil Service. I gather from the speech of the hon. Member for Oxford (Mr. Marriott) that he disagrees with some, if not all, of the increases made. Whether that be so or not, the recommendation was made that they should be increased, and they were increased. In that Report the salary of the Comptroller and Auditor-General was dealt with, and it was recommended that he should get the same salary as the important members of the Civil Service. Once you have made up your mind to increase the salaries of the Civil Service and the increases, rightly or wrongly, were made, though that is not the question we are debating to-night—

Once you determined to increase these salaries, I am perfectly certain that no action could possibly have got more denunciation from this House than to leave untouched the salary of the Comptroller and Auditor-General. [An HON. MEMBER: "Why?"] For this reason: it would have been a direct—the word "insult" perhaps would be too strong a word—but "neglect" of an officer of the House of Commons who received the same consideration from this Committee which reported upon the salaries as the people had whose salaries have been increased.

That is a separate point. I want to carry the House with me upon my first point, that the Government would have been negligent in regard to the interests of an officer of the House if, having come to the conclusion that he also should have his salary increased, as he had been specially mentioned in the Report, and salaries having been given to people of the same rank as himself, it has placed an officer of this House in a worse position than the officers of the Civil Service with whom he had to deal, and who were of no higher rank than he. That is the first point, and I am certain the Committee is with me. [An HON. MEMBER: "No!"] I take it that there is a Member who thinks that the Comptroller and Auditor-General of this House should not have as high a salary as the people of his own grade in the Civil Service. If hon Members have to be convinced, I will explain it. I do not, however, up till now, understand that, other Members of the House do think so. To do otherwise, let me add, than what we have done would have been to neglect the authority of this House, and the position which the Comptroller and Auditor-General holds. My second point is one which I have already admitted, and is one of difficulty. The Government acted without first obtaining, the authority of Parliament.

I have said that, in principle, I entirely agree with what hon. Members have been expressing. I can only make this explanation, that it is. not always easy to get legislation rapidly through this House. Everyone knows the congested condition the business of this House has been in for a considerable period. In point of fact there was the possibility contemplated of including this in another Bill, but the time passed. I regret as much as anybody that the matter should not have been dealt with up till now. So far as I am concerned, my mind is entirely open to criticism of the kind that has been put forth. I hope the Committee understands that the action was taken not from any desire to avoid our obligations to Parliament, but in the first place to the desire to put the Comptroller and Auditor-General in a proper place and in line with the Civil Service, he being an officer of this House. The matter is regrettable so far as I am concerned. The House can take my assurance that so far from being anxious to grant money before the House has given authority, on the contrary, my own desire and determination is all the other way, if for no other reason than that it is very much easier to act upon that principle. Cases arise when to act in an emergency is a necessity, but I do not think that this is one, and all I ask is that the Committee should understand my explanation, and so far as this particular Resolution is concerned not imperil the salary of an official which everybody agrees he is entitled to enjoy.

I think the Chancellor of the Exchequer and the Financial Secretary have honestly stood in a white sheet of repentance in relation to this matter. This is not the first time they have done so. They do not defend the successive omissions that have occurred. The Chancellor of the Exchequer regrets this case, and we all hope they will not occur again. I think three quarters' salary has been paid quite illegally, and it has been said that the Comptroller and Auditor-General ought himself, when the matter came before the officers of the Audit office to have stopped it there and then, and he should not have allowed it to go through, and he might have put a paragraph in his Report. With regard to an officer who served the House so long and so well, we should not like that sort of suggestion to go without some little answer. I think the answer is that the salary was carried with the consent of the Treasury on the Civil Contingencies Fund, and it is perfectly right and regular and in order, and it has been done before, that when the Comptroller and Auditor-General is told that the Treasury is deliberately carying forward a certain sum on the Civil Contingencies Fund which it is the intention to regularise at the first possible moment, it would not be right for him to take exception to it as a payment which was illegal. In this case it was quite in order for him to pass it on the recommendation of the Treasury in the hope that the Treasury would put it right at the first possible moment. I think the Chancellor of the Exechequer should give us any further explanation there is, because I do not think he would like that suggestion against the Comptroller and Auditor-General to go forward.

The right hon. Gentleman is perfectly right. We take full responsibility as the Treasury for this payment, and according to the regular practice it is incompetent for the Comptroller and Auditor-General to take exception to this payment.

I think it would be well in future to ask the Government to report rather more frequently in regard to payments borne on the Civil Contingencies Fund in anticipation of the approval of this House, in order to prevent the possible recurrence of a similar instance, and to prevent certain payments being carried over for a considerable length of time on this fund without being legalised. If we knew what was being done in regard to this fund rather more often we might avoid incidents of this kind.

I should like to say two or three words from the point of view of the Public. Accounts Committee. In the first place, I do not think I need waste many words in saying that I consider that this increase in salary is perfectly right and perfectly deserved in itself. On the other hand, I think we all feel1 very strongly that the Government in delaying so long to bring it to Parliament have been guilty of a grave dereliction of duty. I said that the other night on the Second Reading of this Bill, and I think it only right to repeat it on the Money Resolution. It is quite true that a form, of regularity has been preserved by payment of the money out of the Civil Contingencies Fund. That procedure is one which is necessary in certain circumstances, but it ought to be kept within the narrowest possible limits; otherwise it is a serious interference with the control of Parliament over the expenditure of money, and certainly I do not think the Government ought to have used the Civil Contingencies Fund in this case where it was a question of paying an officer who is specially set aside for keeping an eye on the regularity of all payments. In such a case the formula used just now by an hon. Member—that authority should have been had before the money left the till—was very appropriate indeed. The Government seem to have taken the view that because a considerable list of increases of salary were recommended at the same time and Parliament had authorised them, it might fairly be assumed that it would authorise the increase in this particular case, and therefore the change in this salary was kept waiting for one reason or another until the Bill was ready to amend the Exchequer and Audit Department Act in a good many points, this being only one of them. That was a very regrettable proceeding. But why are you going to punish the Comptroller and Auditor-General for that? After all, he has been constantly urging the Government to regularise this matter. If you could punish Ministers for what they have done, well and good, but to refuse to vote this money is to punish an officer on whom no one has anything but praise to say. He is a most worthy officer who has done most excellent service for this; House, and his salary ought certainly to be raised to the level of the heads of De- partments. I suggest, having made our protest with regard to this matter as against Ministers, we ought now to regularise the matter by voting this salary, and we ought certainly not to punish the Comptroller and Auditor-General himself.

Any one who has listened to this Debate must have been struck by the absolute disregard of this House by the Government. But this is only one illustration of the numerous cases in which the Government take not the slightest notice of the opinion and feelings of this House. It is high time for the House to assert itself, and I hope there will be a Division to enable us to record our protest against the action of the Government. This is not the only case. Only this morning we found that the Government had made an offer to another part of the United Kingdom—

I was only going to use it as an illustration. I was not going into details. They have made an offer which the House and the country have never sanctioned—

I only brought it in as an illustration, and I think that on numerous occasions in this House hon. Members have been allowed to do that. At any rate, this is a flagrant example of the utter disregard of the feelings of the House which the Government have. They think they can do anything they like, and then come to the House of Commons and produce the cheque and expect the House to sign it. On that ground I shall certainly vote for this Amendment if it is carried to a Division. There is another point with regard to the Resolution itself. Did I understand from the Chancellor of the Exchequer that the Comptroller and Auditor-General did not report upon this matter because it was not an irregularity? Was this payment entirely legal according to our constitutional law, or should the Comptroller and Auditor-General have reported it as an illegal payment? If it was an illegal payment, did he report it?

I very seldom take part in the financial Debates in this House, but I feel compelled this evening to associate myself with the protest that has already been made against the action of the Government in this matter, and I think that it may perhaps be useful that one of the rank and file, not usually interested in financial matters, should take part in this protest. I have sat in three Parliaments, and have never heard a lamer defence from the Treasury Bench than that given on this matter. A committee recommended increases of salary for a number of officials in the Civil Service. I should like to ask, were the whole of those salaries increased during the course of the year, or were the officials concerned informed that they must wait until the commencement of the next year in order to obtain the decision of the House of Commons on the Vote? If they did have to wait—

I am afraid they did not, and therefore the Government acted as irregularly in increasing their salaries during the course of the year, without previously obtaining the vote of this House, as they have, in my judgment, acted irregularly in increasing the salary of this officer without having the sanction of Parliament. Let me point out another fact that has struck me in the course of this Debate. It is said that the procedure was quite regular, because the payment was borne by the Civil, Contingencies Fund, and that to that extent the payment was regularised. But surely, if that be the case, it totally defeated the object of Parliament in having this salary thrown upon the Consolidated Fund, in order that, like the salaries of the Judges and the action of the Judges, it should be free from criticism in Parliament. Surely, during the whole period when that portion of his alary was being paid out of the Civil Contingencies Fund, this official was liable to the criticism of the House. I recollect a decision of the late Speaker that, if any portion of the salary of a Judge were borne on any fund over which the House had control, immediately the Judge became open to criticism with respect to that portion of his salary. Surely, therefore, the whole object of throwing the salary of this officer upon the Consolidated Fund was defeated by the, action of the Government; and instead of regularising the matters, it appears to me that it has gone a step further in irregularity. I may be wrong, but that is how it appears to me.

But there is one substantial principle involved. No money ought to be spent by the Executive without the sanction of Parliament. I am usually a very loyal and docile supporter of the Government, but action of this sort strains the loyalty of their followers to the utmost. These are things which you cannot defend outside. The public, who require that this House should be the master of national expenditure, and should control the moneys provided by the taxpayer, cannot resist the conclusion that the control of the House, if not destroyed, is materially damaged when the Executive act as they have acted in this case. The right hon. Gentleman opposite says the Chancellor of the Exchequer has stood in a white sheet, and certainly we do not wish to inflict a penance upon the officer concerned, but if I could inflict a penance upon the Chancellor of the Exchequer and his colleagues to-night, I would very willingly do so as a wholesome lesson to them and their successors that in all cases of this kind they must first come to the fountain head, Parliament itself, and obtain sanction. It would have been the easiest thing in the world to tell this officer, "We entirely agree with the report of the Committee that salaries should be increased." No one would know better than that officer himself that this could not be done without obtaining the sanction of Parliament and no one would be so unreasonable as to expect the Executive to break the law and to make what seems to me an irregular payment. He surely would have admitted the force of that argument that he must wait until Parliament sanctioned the payment, and it would have come to him with greater weight and greater value if it had had behind it the sanction of the House of Commons than it can possibly come now when it is dragged from a reluctant House of Commons by a Chancellor of the Exechequer who has practically admitted that he has done wrong because he declares that he is in favour of the principle while he breaks it in practice. The Chancellor of the Exchequer of the present-day must bear all the failings as he tries to aggre- gate to himself all the virtues of his predecessors. It is a continuous office, and for the moment he must bear the responsibility, and it is to me no sufficient satisfaction to know that he endorses the principle and tries to defend a breach of it. I have joined in this protest with great hesitation in the hope that it may convince the Government that even the humblest of their followers must feel at times compelled to enter a protest when the executive Government commit an act so bordering on illegality as this.

The right hon. Gentleman has very pleasantly and nicely admitted that the Government were wrong, but says they could do nothing else because the time of the House was occupied, and he feels sure the House would desire that the salary of that officer should be raised to correspond with the salaries of other officials in the Civil Service. I have not heard that the salaries of the other officers of the House have been raised. Are we to understand that the next thing will be that all the other officers of the House of Commons are to be raised because the salary of the Comptroller and Auditor-General has been raised?

The right hon. Baronet must remember that the Comptroller and Auditor-General is specifically mentioned in the same Report that recommended the raising of the salaries of civil servants.

Very likely, and then there will be another Report which will recommend that, because this has been done, the salaries of all the other officers should be raised at the same time. I think the Chancellor of the Exchequer rather missed the point which has been so well put by my hon. Friend below me. What is really the position of this officer and why was he put in that position? I have been a Member of the Public Accounts Committee, and when I first went there, many years ago, and asked what our work was and what our duties were, I was told of the office of the Comptroller and Auditor-General. I was told that one of the best things that had ever been done in the House of Commons was to place the salary of the Comptroller and Auditor-General on the Consolidated Fund, so that he was absolutely independent of the Government; he was the servant of the House, appointed by the House to find out the faults committed by the Government, and to report to the House. In order, human nature being what it is, that there should be no pressure put on him in the form of an increase of salary by the Government, his salary was put oil the Consolidated Fund, and it could not be touched, it could not be lowered, and in the same way it could not be raised. What has happened is that two illegal acts have been done. First of all, a bonus was given. The bonus appears to have disappeared during the course of this discussion, but I understand, in answer to the hon. Member for Oxford (Mr. Marriott), a bonus of £500 was given since 1919. Nothing was said about it; it was perfectly illegal. What right had the Government to give a present to an officer whose duty it was to investigate their doings? What right had they to give a bonus of £500 a year, and to say nothing about it?

In addition to that, a further illegal act has been committed by the salary being increased since March, 1920. The Chancellor of the Exchequer was asked whether the Comptroller and Auditor-General had reported the illegality, and the answer was that he could not report the illegality because, as I understand the case, the money was found from the Civil Contingencies Fund, and that does not come under the control of the Comptroller and Auditor-General. The Comptroller and Auditor-General knew he was getting the money which he ought not to get, and he ought to have reported to the Public Accounts Committee that he was receiving a payment, from what source he did not know, to which he was not legally entitled. Apparently he did not do that. That brings me to another point, and that is that I have protested against this Civil Contingencies Fund, which is continually being raided. In the old days it was a small fund, which was meant to be used if, when the House was not sitting, it was necessary to send some money abroad. I always had the suspicion that it was being used for illegal purposes, and now we know it has been used for a purpose for which it was never contemplated. I do not wish in any way to cast any aspersion on the gentleman in question. It has nothing whatever to do with the holder of the office. It is the principle. The result of all this is that the gentleman in question has been retired, I think he retired last week, on a full salary. That is to say, he is getting £2,000 a year pension, and more—a bonus. He is actually getting as a pension a larger sum than he received in salary three years ago. Is it the time to do all this sort of thing, when the ordinary people in this country do not know where to turn in order to get a shilling? I shall certainly vote in favour of my hon. Friend's Amendment.

I wish to support what the right hon. Baronet (Sir F. Ban-bury) has said about the irregularity of this expenditure. I cannot agree with the hon. Member for Consett (Mr. A Williams) in saying that this officer's salary ought not to be reduced. This is not a personal matter at all against this officer, it is a question of principle. This is not a move against the present Chancellor of the Exchequer, although he inherits all the virtues and the vices of his predecessor, and must take the responsibility. It is the duty of the House to control the expenditure that is going on. I warn the Government, most respectfully, that this irregular expenditure from the Treasury is doing the Government more harm in the eyes of the country than any other thing they are doing.

After the very full and generous explanation given by the Chancellor of the Exchequer I am inclined to support the Government, and particularly as we want some assurance for the future rather than recriminations about the past. It is no use crying over spilt milk. I ask the Chancellor of the Exchequer whether he will give us an assurance that this procedure will not be repeated. This House is about to prorogue, and we shall not meet for some months. During that time innumerable demands will be made upon the Government to spend money, and I would like an assurance from the Chancellor of the Exchequer that except in cases of the most urgent necessity he will do his utmost to resist these demands.

It has been suggested that the Comptroller and Auditor-General has done less than his duty in not reporting this matter. That is not a suggestion which ought to be made without an answer. The Comptroller and Auditor-General is a faithful officer of this House. The first payment was made in August last, and therefore comes into the accounts upon which the Comptroller and Auditor-General will report early next year, as soon as Parliament meets next year. It will then be his duty to report upon it, if it has not been cleared up by that time. It is well established that when various payments are made out of the Civil Contingencies Fund, the duty of reporting upon them does not arise if the authority of Parliament has been obtained before the next report of the Comptroller and Auditor-General is presented in the following February or March.

I endorse what has been said by the last speaker. No opportunity was given to the Comptroller and Auditor-General to deal with this matter or report upon it. The occasion has not yet arisen. It would have arisen some time next year if the monies had not been paid back. If in the interval Parliament has voted the sum, no occasion would arise for any such report. I hope the House will be satisfied that there has

been no neglect of duty on the part of the Comptroller and Auditor-General in this matter. I take the full responsibility. No responsibility lies upon the shoulders of the Comptroller and Auditor-General. With respect to the remarks of the hon. Member for Hull (Colonel L. Ward). I may say that I have been doing my utmost to make my actions conform to the appeal he has now made to me. Nobody has been more anxious than I have been to see that all payments that are made are in completely regular form. I am just as much impressed as anybody with the absolute necessity of getting the authority of Parliament for payments for which authority is required. One does not indulge unduly in unnecessary assurances, unnecessary because I am desirous to conform my conduct to that rule, but, in so far as that assurance is required, I give it that everything in my power shall be done to see that any irregularities do not occur.

Question put, "That the words proposed to be left out stand part of the Question."

The Committee divided: Ayes, 135; Noes, 56.

Division No. 350.]

AYES

[11.8 p.m.

Acland, Rt. Hon. Francis D

Hannon, Patrick Joseph Henry

Murray, Hon. Gideon (St. Rollox)

Adkins, Sir William Ryland Dent

Harmsworth, C. B. (Bedford, Luton)

Neal, Arthur

Amery, Leopold C. M. S.

Hennessy, Major J. R. G.

Newman, sir R. H. S. D. L. (Exeter)

Armstrong, Henry Bruce

Hewart, Rt. Hon. Sir Gordon

Nicholson, Reginald (Doncaster)

Baird, Sir John Lawrence

Holbrook, Sir Arthur Richard

Parker, James

Barlow, Sir Montague

Hood, Joseph

Parry, Lieut.-Colonel Thomas Henry

Barnett, Major Richard W.

Hopkins, John W. W.

Pease, Rt. Hon. Herbert Pike

Barnston, Major Harry

Home, Sir R. S. (Glasgow, Hillhead)

Perring, William George

Benn, Sir A. S. (Plymouth, Drake)

Hunter, General Sir A. (Lancaster)

Pinkham, Lieut.-Colonel Charles

Bird, Sir A. (Wolverhampton, West)

Hurd, Percy A.

Pollock, Sir Ernest Murray

Boscawen, Rt. Hon. Sir A. Griffith-

Jameson, John Gordon

Pratt, John William

Bowyer, Captain G. W. E.

Jodrell, Neville Paul

Prescott, Major W. H.

Breese, Major Charles E.

Johnstone, Joseph

Purchase, H. G.

Broad, Thomas Tucker

Jones, J. T. (Carmarthen, Lianelly)

Raeburn, Sir William H.

Bruton, Sir James

Kellaway, Rt. Hon. Fredk. George

Raw, Lieutenant-Colonel Dr. N.

Buckley, Lieut.-Colonel A.

Kidd, James

Rees, Sir J. D. (Nottingham, East)

Casey, T. W.

King, Captain Henry Douglas

Rees, Capt. J. Tudor- (Barnstaple)

Chamberlain, Rt. Hn. J. A.(Birm., W.)

Lane-Fox, G. R.

Renwick, Sir George

Chamberlain, N. (Birm., Ladywood)

Lewis, Rt. Hon. J. H. (Univ., Wales)

Robinson, S. (Brecon and Radnor)

Chllcot, Lieut.-Com. Harry W.

Lloyd, George Butler

Roundell, Colonel R. F.

Churchman, Sir Arthur

Lloyd-Greame, Sir P.

Samuel, Samuel (W'dsworth, Putney)

Davies, Sir Joseph (Chester, Crewe)

Locker-Lampson, Com. O. (H'tingd'n)

Scott, A. M. (Glasgow, Bridgeton)

(Dennis, J. W. (Birmingham, Deritend)

Lort-Willlams, J.

Seddon, J. A.

Doyle, N. Grattan

Lowther, Maj.-Gen. Sir C. (Penrith)

Shortt, Rt. Hon. E. (N'castle-on-T.)

Edge, Captain William

Loyd, Arthur Thomas (Abingdon)

Slmm, M. T.

Evans, Ernest

M'Connell, Thomas Edward

Sprot, Colonel Sir Alexander

Falle, Major Sir Bertram Godfray

McLaren, Robert (Lanark, Northern)

Stanley, Major Hon. G. (Preston)

Farquharson, Major A. C.

Macpherson, Rt. Hon. James 1.

Stephenson, Lieut.-Colonel H. K.

Fildes, Henry

Macquisten, F. A.

Stirrock, J. Leng

Fisher, Rt. Hon. Herbert A. L.

Mallaby-Deeley, Harry

Sugden, W. H.

Ford, Patrick Johnston

Matthews, David

Sutherland, Sir William

Forrest, Walter

Mlddlebrook, Sir William

Taylor, J.

Fraser, Major Sir Keith

Moles, Thomas

Terrell, George, (Wilts, Chippenham)

Gee, Captain Robert

Mond, Rt. Hon. Sir Alfred Moritz

Thomson, F. C. (Aberdeen, South)

Gibbs, Colonel George Abraham

Montagu, Rt. Hon. E. S.

Thomson, Sir W. Mitchell- (Maryhlll)

Gilbert, James Daniel

Moore, Major-General Sir Newton J.

Townley, Maximilian G.

Gllmour, Lieut.-Colonel Sir John

Morden, Col. W. Grant

Tryon, Major George Clement

Green, Joseph F. (Leicester, W.)

Moreing, Captain Algernon H.

Wallace, J.

Greer, Harry

Morison, Rt. Hon. Thomas Brash

Walters, Rt. Hon. Sir John Tudor

Gregory, Holman

Morrison-Bell, Major A. C.

Ward, Col. L. (Kingston-upon-Hull)

Gritten, W. G. Howard

Munro, Rt. Hon. Robert

Ward, William Dudley (Southampton)

Hacking, Captain Douglas H.

Murchison, C. K.

Weston,-Colonel John Wakefield

Whitla, Sir William

Wood, Hon. Edward F. L. (Ripon)

Younger, Sir George

Williams, Aneurin (Durham, Consett)

Wood, Sir H. K. (Woolwich, West)

Williams, Lt.-Col. Sir R. (Banbury)

Worthington-Evans, Rt. Hon. Sir L.

TELLERS FOR THE AYES.—

Wills, Lt.-Col. Sir Gilbert Alan H.

Young, E. H. (Norwich)

Colonel Leslie Wilson and Mr. McCurdy.

NOES.

Adamson, Rt. Hon. William

Entwistle, Major C. F.

Raffan, Peter Wilson

Allen, Lieut.-Col. Sir William James

Foxcroft, Captain Charles Talbot

Rawlinson, John Frederick Peel

Archer-Shee, Lieut.-Colonel Martin

Ganzonl, Sir John

Richardson, R. (Houghton-le-Spring)

Ashley, Colonel Wilfrid W.

Glanvllle, Harold James

Rose, Frank H.

Atkey, A. R.

Gray, Major Ernest (Accrington)

Sexton, James

Balfour, George (Hampstead)

Griffiths, T. (Monmouth, Pontypool)

Shaw, Thomas (Preston)

Banbury, Rt. Hon. Sir Frederick G.

Halls, Walter

Sueter, Rear-Admiral Murray Fraser

Barker, G. (Monmouth, Abertillery)

Hilder, Lieut.-Colonel Frank

Swan, J. E.

Bell, Lieut.-Col. W. C. H. (Devizes)

Hirst, G. H.

Thomas, Brig.-Gen. Sir O. (Anglesey)

Berwick, Major G. O.

Hogge, James Myles

Thorne, G. R. (Wolverhampton, E.)

Bowerman, Rt. Hon. Charles W.

Hopkinson, A. (Lancaster, Mossley)

White. Charles F. (Derby, Western)

Brittain, Sir Harry

Jcnes, G. W. H. (Stoke Newington)

Williams, Col. P. (Middlesbrough, E.)

Brown, James (Ayr and Bute)

Kennedy, Thomas

Wise, Frederick

Burn, Col. C. R. (Devon, Torquay)

Lawson. John James

Wood, Major M. M. (Aberdeen, C.)

Campbell, J. D. G.

Lunn, William

Young, Sir Frederick W. (Swindon)

Clough, Sir Robert

Molson, Major John Elsdale

Young, Robert (Lancaster, Newton)

Cowan, Sir H. (Aberdeen and Kinc.)

Morgan, Major D. Watts

Davies, Alfred Thomas (Lincoln)

Murray, Dr. D. (Inverness & Ross)

TELLERS FOR THE NOES.—

Edwards, G. (Norfolk, South)

Norris, Colonel Sir Henry G.

Mr. Marriott and Mr. G. Locker-Lampson.

Elliot, Capt. Walter E. (Lanark)

Palmer, Brigadier-General G. L.

Main Question put, and agreed to.

Resolution to be reported To-morrow.

Education (Consolidation) Bill [Lords]

Considered in Committee [ Progress, 11th August ].

[Mr. JAMES HOPE in the Chair.]

CLAUSE 1.—(Central authority.)

Motion made, and Question proposed, "That the Clause stand part of the Bill."

I beg to move, "That the Chairman do report Progress, and ask leave to sit again."

I do so in order to put the exact position before the Committee and to make an appeal to the right hon. Gentleman the President of the Board of Education. Those hon. Members who were present on last Thursday will recollect the circumstances in which this Bill came before the House. It is a Bill to consolidate the Education Acts, and it was referred to a Joint Committee of both Houses. That Committee took evidence and presented a Report, and the Bill founded on that Report was passed through another place—I think before the Report of the Committee was available, and certainly before the evidence on which the Report was based became available. It was discussed here on Thursday night, and my right hon. Friend the President of the Board of Education, with courtesy which is no less agreeable because it is habitual with him, was good enough to say he would try to have the evidence available at the Vote Office for to-night. As this is intended to effect a consolidation of the existing Acts, I may remind hon. Members that the law affecting education is very complicated, and is more difficult than most, to consolidate. Owing to variations and ambiguity of phrasing, any preference of one interpretation over another may unwittingly affect matters on which there are the gravest differences of opinion, of sentiment, and of outlook, among the public of this country. When the Bill was presented on Thursday, it was pointed out that there the gravest objections were made to some of the conclusions of this Committee, and the point was taken, that it was not right that a measure of this importance should become law unless the evidence on which the Joint Committee acted was available for Members of the House. That evidence has been placed in the Vote Office to-day.

May I suggest to the Government that, if the evidence is relevant to the decisions of the Committee, as I respectfully submit it is, the availability of that evidence to-day is really not seriously an argument for proceeding to-night, when we are at the extreme end of the Session, when apparently more than half the Members of the House are not in attendance, and when there have been certainly not a dozen hours in which this evidence, of considerable length and detail, has been available for Members of this House. It is, I believe, a fact that some very important bodies—I am told, the Congregational Union, the National Union of Teachers, and the National Education Association—have taken objection to some of the conclusions of this Committee. There are passages in the Committee's report which indicate quite clearly that they are leaving to the two Houses of Parliament the difficult duty of deciding between certain ways of interpreting the law. There is, for instance, on page 28 of the evidence, a representative of the Board of Education saying "This question is really almost vital," and on page 29, Question No. 278, the Chairman, Lord Muir Mackenzie says:

What are the facts? This House, at any rate, has had no opportunity of really considering and deciding these points. When the evidence has only been available for a few hours, when the majority of the House give no evidence of their presence, it is obviously not in accordance with the habits and traditions of this House to decide matters which call for Parliamentary consideration. Therefore, I make this suggestion. Here is a Consolidation Bill. The vast bulk of it is no doubt not open to criticism, and is a very valuable achievement on the part of an important Committee. The ordinary procedure in these matters is for the report of a Joint Committee of both Houses on a Consolidation Bill to be passed through both Houses of Parliament without delay and without friction, and I am quite aware that there are no precedents for many years, for opposing such a Consolidation Bill, nor am I opposing it in that sense. On the other hand, I am not aware of any precedent for the House being asked to consider and decide upon such a. Bill, when the evidence which it was thought necessary to call has only been available to Members of the House for-a very few hours. I have said already that there has been grave objection taken to certain points of this Bill by important bodies of persons in this country. My only object is that this shall become law by common consent as soon as possible, but a Consolidation Bill cannot become law by common consent if there are points in it to which objection is taken by important sections of the public, unless this House has had full opportunity of discussing those points on their merits, and of considering the report and the evidence with adequate time and adequate opportunity. I would particularly appeal to my right hon. Friend: is it, on the whole, right or wise, or desirable that this Bill should be passed to-night under these circumstances? Is it not, on the whole, desirable that this should go over to next Session? The work that has been done, or any part of it, is not wasted. The bulk of that work is entirely outside controversy, and I for one should anticipate that if there were time given to consider these matters carefully both in the House and out of it, the result would be agreement—it might or might not mean one or two Amendments—a real agreement on a very important and complex matter. I know that in saying this I am laying myself open to all sorts of attacks—that I am offering factious opposition to a Govern- ment I wish to support most heartily, that I am keeping people from their beds, and so on; but I hope the Committee will believe that I am sincere when I say that I have no other object whatever, except to see that this Consolidation Bill becomes law by common consent, that objection taken to parts of it are fully considered, and that a new precedent for passing a Bill dependent on considerable evidence, without giving time for consideration, shall not be created. I am confident that the precedent would re-act to the prejudice of that method, which in many cases is most convenient, of leaving to a Joint Committee of both Houses the duty of reporting on Consolidation.

If this measure is to be treated as a contentious measure by any section of the House—I do not mean any party—it is quite evident that it cannot be passed at this time of the Session.

I am precluded by what I said on the Motion for the Suspension of the Eleven O'clock Rule from passing such a Bill at this stage. But I would beg my hon. and gallant Friend, who, I think, stands alone, or almost alone, in this matter, to consider what he is doing. I know no case, at all events of recent years—and I think he knows none—in which a Consolidation Bill has been challenged in this way. Such a Bill is a task of great labour to which gentlemen learned in the law give their time on a Joint Committee of both Houses, in order to satisfy themselves, in the first place, and through their examination satisfy the House, that the Consolidating Statute merely states the law in a convenient form for use, and introduces no changes. All such statutes are necessarily few, and the House admits the Bill on the report of the Joint Committee, and practically without discussion, that they state the law, and do not change it. If it is going to be the practice to challenge these Consolidating Statutes, it will be quite impossible to pass them and the old statutes will have to remain in the state of confusion in which they are naturally involvent by the recurrence of legislation by reference. I earnestly ask my hon. and learned Friend, who himself must know the value for administration of the law of these Consolidating Statutes not to persist in his Motion, which I believe to be entirely without precedent—at any rate at the period in which we are now sitting in the House.

My hon. and learned Friend suggests that this can go over till next Session. But that will mean that the work done will be lost. We cannot take it up exactly where it would be left off, as the Bill would have to be re-introduced, referred to the Joint Committee again—in order to comply with our Rules—and I do not think hon. Gentlemen who have given themselves to the work this Session would care to set themselves to go over the whole task again. You will have to have another Committee, the work of this Session will be entirely lost, and a precedent will be set which will make every Government loth to attempt to codify the law, and to rescue it from the confusion and complexity which a multitude of Statutes involves.

My hon. and learned Friend will permit me to say that a single Member ought not to press his views against the general sense of the House. I am not going to attempt to press this against the wish of the House, or any widespread criticism from the House; but I earnestly beg my hon. and learned Friend and the House itself to consider the lamentable precedent they will set if, for the first time, they reject the assurance of the codifying Committee that they have re-stated the law without alteration and refuse to accept and act upon the Report of such Committee. How difficult it will make every future codification of the law on every subject!

It will be a good thing for the Committee to respond to the invitation of the Leader of the House. I think he is right in saying that if only one hon. Member expresses an adverse view, the Government should proceed with the Measure. My position is that I took an interest in this Bill with a lone hand. My Amendments concern two points, and when I discussed them with my right hon. Friend, he said he would resist one of them, and give me something in return for the other. I thought that, under the circumstances, something was better than nothing, and I decided that I would not make myself responsible for wrecking the Bill, or getting it postponed until next Session. I am not going to depart from that position. I would like to point out that this is not quite an ordinary Consolidation Bill. I do not think that there has ever been an occasion where a Consolidation Committee has been so genuinely puzzled. They had said definitely, "Here are things about which we cannot express a definite and authoritative opinion, and we can only leave them to the judgment of Parliament." These matters never came before the judgment of another place at all, because the Joint Committee was not available when the House of Lords had the Bill before them, and the evidence is only available to-day. It is for the House to say whether it really is fair, under these circumstances, that a very complex matter of this kind, with regard to which the evidence has only been put before us to-day, should be proceeded with. I shall not vote against the Government if a Division take place.

Does my right hon. Friend want us to proceed with the Bill or not? If he does not, I will accept the Motion to report Progress.

I do not claim that sort of authority at all. I think this is a matter in which the Committee ought to have some say.

As a private Member interested in educational matters, I hope my hon. Friend will not press his Motion. I realise fully the force of his position. If we were in a position in which it is possible to consider this Bill more fully during the present Session, I should support him. I do feel, however, that it would be very inconvenient to allow this Bill to go over to a new Session or possibly to a new Parliament.

The pressure upon those administering the Education Acts throughout the country for this Bill is so great that we ought not to hesitate to take such little risks as may be involved in the points raised by my hon. and learned Friend, rather than run the still greater risk of destroying a Bill of this nature. We should have extreme difficulty next year, if the Bill had to be brought in again, in finding another Committee who would give to the subject the very great attention devoted to it by the Joint Committee this Session. I feel that on the whole the balance of argument is great in favour of allowing the Bill to pass in the interests, first and foremost, of educational administration throughout the country. The hon. Member has pointed out that the evidence taken by the Committee has only been available within the last twelve hours. But the Report of the Committee has been available for fully a month, and, after all, the Report is far more the essence of the thing which should guide us in our consideration of the matter. Under the circumstances I hope the Leader of the House will stand by the Bill and allow it to go forward.

I cannot understand the position taken up by the right hon. Member for Camborne (Mr. Acland) in this matter. Far from this being a hastily considered Consolidation Bill, the greatest possible care has been expended on its consideration. The evidence taken simply dealt with legal points, and there was a unanimous decision of the Committee on every point. It has been suggested that it is unusual to put in the appendix points upon which doubt had arisen, but it is the invariable practice of every careful Chairman to put in points on which discussion had arisen. As to the extract read by the hon. Member who moved the Amendment—in which it was suggested that the point should be left to the House if it thought right to discuss it—had the hon. Gentleman read the discussion, he would have found that it was rejected, and that Clause 71 was adjourned in order that a fuller memorandum could be drawn up on it. I took a large share in the discussion in Committee, and we came to a unanimous decision on the point. The evidence taken by a Committee on a Consolidation Bill is not the material part at all; it embodies merely the arguments advanced on one side or the other. Does the hon. Gentleman really believe that in a fresh Session we should solemnly in this House take amendment after amendment, and re-argue all the legal points heard before the Joint Committee? If that were expected, I venture to say that no Consolidation Bill would ever be passed here. You must trust the Committee not to alter the law, and I do not believe they have done it here except in one meticulous point, and then I am not at all sure they are not right.

I desire to join in the appeal which has been made to my hon. and learned Friend the Member for Middleton (Sir R. Adkins) not to persist in his opposition. On Thursday, as he remembers, I did join in asking for a postponement of the consideration of this question until to-night. That concession was made to us by the Government, and I would ask my hon. and learned Friend now if he will not rest satisfied with that and allow us to have the Bill, which, I am convinced, is going to perform a very great work for educational administration. I think it would be nothing less than a disaster if the Bill were postponed, even for six months.

Perhaps I may be allowed to say three things, each of which, I think, will take one sentence. In the first place, my contention is that the work of the Joint Committee, although intended to consolidate the law, did in fact go beyond that, as is apparent from this statement by the Chairman, which appears on page 546:

On the other hand, let me say to my right hon. Friend the Leader of the House, whose courtesy I always appreciate, that I fully realise that it is not only foolish but absolutely disloyal to the House of Commons for any single Member to imagine that his view ought to have the effect of the view of a real section of the House in preventing desired legislation, and, therefore, I am quite willing to withdraw my Motion. But may I be allowed to say that my Motion was not conceived in any spirit of obstruction, but merely in the desire to point out that a Bill aiming at consolidation, and largely achieving consolidation, has, as a matter of fact—I do not say intentionally—gone over that line, and that there are sections of the public who are disturbed and alarmed thereby. I quite understand the embarrassment of my right hon Friend the Member for Camborne (Mr. Acland); but, while that indicates the delicacy of his sense of obligation, it somewhat diminishes his value as a partner in tiger-hunting. I quite appreciate the embarrassed hesitation which he has disclosed in his remarks; but it is not because of that, but because of the fact that at this moment I appear to be alone, and am most anxious not to press individual rights too far, that I am prepared to withdraw. No doubt there will be opportunities of considering the Amendments which my right hon. Friend has put on the Paper, and I hope that, if from this consolidated education Measure difficulties of interpretation arise, this Government or any other may welcome any opportunity that occurs for resolving such difficulties; for a real and agreed clarity of interpretation of the law of education is most desirable if there is to be wise administration. I beg to ask leave to withdraw the Motion.

Motion, by leave, withdrawn.

Clauses 1 to 28 inclusive ordered to stand part of the Bill.

CLAUSE 29.—(Conditions to be observed in conduct of non-provided schools.)

(1) The local education authority shall be responsible for, and have the control of, all secular instruction in public elementary schools not provided by them.

(2) A local education authority shall maintain and keep efficient under this Act a public elementary school not provided by them only so long as the school is necessary and the following conditions and provisions are complied with:—

(a) The managers of the school shall carry out any directions of the local education authority as to the secular instruction to be given in the school, including any directions with respect to the number and educational qualifications of the teachers to be employed for such instruction, and with respect to arrangements for the admission to the school of teachers of secular subjects not attached to the staff of any particular school, and teachers appointed for the purpose of giving practical instruction, pupil

(b) The local education authority shall have power to inspect the school:

(c) The consent of the local education authority shall be required to the appointment of teachers, but that consent shall not be withheld except on educational grounds; and the consent of the authority shall also be required to the dismissal of a teacher unless the dismissal be on grounds connected with the giving of religious instruction in the school:

(d) The managers of the school shall provide the schoolhouse free of any charge, except for the teacher's dwelling-house (if any), to the local education authority for use as a public elementary school, and shall, out of funds provided by them, keep the school-house in good repair, and make such alterations and improvements in the buildings as may be reasonably required by the local education authority: Provided that such damage as the local education authority consider to be due to fair wear and tear in the use of any room in the schoolhouse for the purpose of a public elementary school shall be made good by the local education authority:

(e) The managers of the school shall, if the local education authority have no suitable accommodation in schools provided by them, allow that authority to use any room in the schoolhouse out of school hours free of charge for any educational purpose, but this obligation shall not extend to more than three days in the week.

(3) The managers of a public elementary school maintained but not provided by a local education authority, in respect of the use by them of the school furniture out of school hours, and the local education authority in respect of the use by them of any room in the schoolhouse out of school hours, shall be liable to make good any damage caused to the furniture or the room, as the case may be, by reason of that use (other than damage arising from fair wear and tear), and the managers shall take care that, after the use of a room in the school-house by them, the room is left in a proper condition for school purposes.

(4) A local education authority shall be entitled to use for the purposes of the school any school furniture and apparatus belonging to the trustees or managers of any public elementary school not provided by them, and in use for the purposes of the school on the day on which the Education Act, 1902, came into operation as respects the school.

(5) In public elementary schools maintained but not provided by the local education authority—

(a) Assistant teachers and pupil teachers may be appointed if it is thought fit, without reference to religious creed and denomination;

(b) The appointment of teachers of secular subjects not attached to the staff of any particular public elementary school and teachers appointed for the purpose of giving practical instruction, pupil teachers and student teachers shall be made by the local education authority:

(c) The religious instruction given shall, as regards its character, be in accordance with the provisions (if any) of the trust deed relating thereto, and shall be under the control of the managers: Provided that nothing in this paragraph shall affect any provision in a trust deed for reference to the bishop or superior ecclesiastical or other denominational authority so far as such provision gives to the bishop or authority the power of deciding whether the character of the religious instruction is or is not in accordance with the provisions of the trust deed.

(6) The managers of a school maintained but not provided by the local education authority shall have all powers of management required for the purpose of carrying out this Act and shall, subject to the powers of the local education authority under this Section, have the exclusive power of appointing and dismissing teachers.

(7) One of the conditions required to be fulfilled by an elementary school not provided by a local education authority in order to obtain a Parliamentary grant shall be that it is maintained under and complies with the provisions of this Section.

I beg to move, in Subsection (2, a), to leave out the words

"and with respect to arrangements for the admission to the school of teachers of secular subjects not attached to the staff of any particular school, and teachers appointed for the purpose of giving practical instruction, pupil teachers and student teachers."

This is a very technical and difficult matter, and I will do my best to make it plain. My two Amendments must be read together, and the object is to take out certain words where they relate to matters with regard to which the managers of the school shall carry out the directions of the local education authority, and to add certain words on the next page, but one which really has the same sense. That is done in order that this duty of the managers of schools to accept teachers of secular subjects and pupil and assistant teachers into their schools at proper times and seasons, shall be exercised by them subject only to an appeal to the Board of Education, as would be provided if the matter is dealt with in the place where I suggest, in the middle of Clause 17, and not subject to the further proviso in addition to that appeal to the Board of Education which would qualify them if they are left in the place where they are, namely, with this condition—

"but no direction given under this provision shall be such as to interfere with reasonable facilities for religious instruction during school hours."

My claim therefore must be that in the Act of 1918, from which these words were lifted, there was no intention to give the managers of the schools the right to interfere with their duty of carrying out the directions of the local education authority with regard to these teachers on the ground that the arrangements which the local education authority might make conflicted with reasonable facilities for religious instruction during school hours, but that, on the contrary, it was intended in the Act of 1918 to give the same appeal to the managers, namely, an appeal to the Board of Education in case they should be inconvenienced by the action of the Education authority. In order to see whether I am right in that view, we ought to look at the Act of 1918, and at what passed in this House when the Act of 1918 was under discussion. The Clause from which these words were taken in the Act of 1918 was Clause 29. The Clause begins in saying:

"Notwithstanding anything in the Education Act, 1902—"

such and such things shall be done and shall be declared. The Clause which we are considering in the Consolidation Bill, Clause 29, is a repetition of the Clause in the Education Act, 1902, with these words from the Education Act, 1918, put into the middle, words which otherwise relate to what is done in the Act of 1902. The Clause in the Act of 1918 begins with the words

"Notwithstanding anything in the Education Act, 1902."

That begins by suggesting that we are meant to do something not provided for in the Act of 1902. It goes on:

"The appointment of the teachers of secular subjects not attached to the staff of any particular public elementary school and teachers appointed for the purpose of giving practical instruction, pupil teachers and student teachers shall be made by the local education authority; and it is hereby declared that the local education authority have power to direct the managers of any public elementary schools not provided by them to make arrangements for the admission of any such teachers to the schools."

The question is whether that declaration carries with it the safeguards and conditions which hedged about similar matters in the Act of 1902, or whether it stands by itself as the only subject of the safeguard which immediately follows it, namely, that there shall be an appeal to the Board of Education. The consolidators have come to the conclusion that although the Clause begins

"Notwithstanding anything in the Education Act, 1902—"

and although the Clause carries with it this provision for appeal to the Board of Education, yet, by having put in the words

"It is hereby declared—"

it is meant to carry with it something in the Act of 1902 not there expressed, namely, the right of the managers to object on the ground that it interferes with reasonable facilities for religious instruction. This matter was raised unsuccessfully by two hon. Members in 1918, the hon. Member for East Surrey (Sir Stuart Coats) and the hon. and learned Member for Cambridge University (Mr. Rawlinson). With regard to both of them the Minister for Education was fairly stiff and would not move. One brought up the subject of pupil teachers, and the other brought up the subject of visiting teachers of special subjects. With regard to the first, my right hon. Friend would not admit that the managers ought to have this special power. He said:

"It very seldom happens that the manager of a voluntary school is so unreasonable as to resist the local education authority, which desired to send a pupil teacher or a student teacher into a school. Such cases are rare, but when they do occur they are sometimes unreasonably and extremely unjust to the pupil teacher or student teacher.—[OFFICIAL REPORT, 2nd July, 1918; col. 1627, Vol. 107.]

He would not give way on the Amendment. The hon. Member for East Surrey pressed him to allow something to be brought up on the Report stage, but the right hon. Gentleman said before giving a pledge he would like to know what safeguards the hon. Member proposed. The hon. and learned Member for Cambridge University took up the running, and complained that it was a very large power to give to the local education authorities, and again pressed the right hon. Gentleman to devise some veto on the part of the managers, now introduced into this Consolidation Bill, but not given when an appeal was made for it, if it could be done without spoiling the scheme of the Bill. Once more my right hon. Friend was adamantine, and would not give way. The Question was put, and agreed to, without any assurance. Nothing was done on Report.

This was on 2nd July, 1918. It is on this particular Clause, and the Amendment to leave out the words "pupil teacher and student teachers." It appears on Columns 1627 and 1628 of the OFFICIAL REPORT of 2nd July, 1918. My right hon. Friend contented himself with saying that this was a new point with regard to these visiting teachers, which is the special point which the hon. and learned Member for Cambridge University (Mr. Rawlinson) raised. He says that recent developments have produced part-time teachers, and it is very desirable that the local education authorities should have power to compel school managers to receive such teachers, and to refuse to give this right to managers to object to their coming on the ground that it might be necessary that the authority should arrange for them to come at nine o'clock in the morning—that they should not have the right to object on the ground that it might interfere with their arrangements for religious instruction. Then let us see if the Report of the Committee, which we have for the first time to-day, carries us further in the matter. My right hon. Friend has already stated once or twice in the House that the Committee were unanimous upon it. The only trace of unanimity I can find was that they were unanimous in passing on to the next subject. Very few of them took part in the discussion, and they were evidently genuinely puzzled by it. The alternative of leaving the matter where it stood by putting in the words I suggest was never put before them. The hon. and learned Member for Cambridge University who took an important part in the discussion, and unsuccessfully pressed the matter in the House in 1918 —on the principle of not letting his right hand know what his left was doing —succeeded in preventing himself, as a consolidator, from knowing what he had done in attempting to amend the law. He did lay down this point, that the Section on technical language is not declaratory and is a new enactment.

That is the worst of having these things sprung upon us. This is page 13. Section 29 of the Act of 1918 is declaratory and has no such proviso, but he says that it is subject to the proviso of the Act of 1902. That is the whole point. Having failed to get into the Act of 1918 the proviso in the Act of 1902, he says that of course it is subject to the Act of 1902. Three lines further on he passes from that subject altogether. This is not fair consolidation. Anybody reading this would say that the hon. and learned Member had put a point which he failed to get admitted in 1918 and it now was admitted into a Consolidation Bill with very little consideration at all. I think that the matter will be brought to a focus if I read a legal opinion which has been obtained by a well-known Protestant body:

"Section 29 of the Act 9f 1918 is not subject to the proviso of Section 7 (1, a) of the Act of 1902. If it had been intended to be subject to that proviso the Act of 1918 would have said so. What it does say is that Section 7 (3) of the Act of 1902 does apply, from which it actually is to be inferred that Section 7 (1, a) was not intended to apply."

It comes to this, that as Parliament specifically said that there should be an appeal to the Board of Education, and as the Minister in charge specifically refused to go further than that, and to give the managers the right of objection, I say that that cannot be altered by hereby introducing for the first time the right of managers to object which was specifically refused when the matter was under discussion in 1918.

My right hon. Friend in the course of his perspicuous observations has properly confined himself to the point of law, and I will attempt to follow his example. I will make only this observation on the point of substance which is contained in the Amendment. The Board of Education has now had a very considerable experience of administering the dual system in the sphere of elementary education. It is a cumbrous system. It offers many points of friction, and it might well be that the acceptance of my right hon. Friend's Amendment would or might conceivably result in offering an opportunity of minimising those points of friction. Our experience is that the point of substance involved is of very small importance, and were we considering only the point of substance, I should make no great difficulty about accepting the Amendment. But we are considering a point of law. Do the words in the Bill represent the true state of the law, or does the Amendment represent the correct law.

Section 7 (1, a) of the Education Act, 1902, enabled a local education authority to give directions as to secular instruction in a voluntary school, including directions with respect to the number and the educational qualifications of the teachers. It provided at the same time that those directions should not be of such a character as to interfere with reasonable facilities for religious instruction during school hours. Section 29 of the Education Act, 1918, declares as a statement of the law, and not by way of new enactment, that among the directions which the local education authority had power to give were directions to make arrangements for the admission of peripatetic teachers and teachers of practical instruction to the school; and the only question at issue is whether these directions given under Section 29 of the Education Act, 1918, are subject to the limitation contained in the Act of 1902, that they are not to interfere with reasonable facilities for religious instruction during school hours.

My right hon. Friend has argued that the directions are not subject to this limitation, and he proposes to make an Amendment of this Bill to give effect to his view of the law. The Joint Committee gave this very careful consideration—and one very distinguished lawyer, Lord Wrenbury, who gave special attention to this matter, came to a conclusion opposed to that of my right hon. Friend's Amendment—and the conclusion reached by the Joint Committee on this question of legal interpretation is a conclusion which has also been reached by my own legal advisers at the Board of Education. In the circumstances, I feel that I have no option but to resist the Amendment. My right hon. Friend made reference to some remarks of mine while the Bill was going through in 1918. But the point of the observations which he quoted on that occasion was a different one; it was not the same point as is involved here. I was then discussing the question whether the managers of a voluntary school could be compelled to accept the teachers of cookery, of dairy work, housecraft, and so on, and I took a view favourable to the powers of the local education authority in that regard. But the acceptance of teachers is one thing and the obligation of the local authority to conform to the Regulation with respect to religious instruction is another. They are two entirely different points. I trust, therefore, that my right hon. Friend will, on reflection, not press his Amendment. I am sorry to have to resist it, but, in view of so great a weight of legal testimony against it, and having regard to the view that the Board of Education has taken, and continues to take, that the words of the Bill do represent the actual state of the law, I have no option but to resist the Amendment.

I support my right hon. Friend the Mover of the Amendment. Those of us who have read the evidence cannot but take a certain view as to the thoroughness or particularity with which this matter was discussed by the Joint Committee. Having regard to the fact that there was a declaration of the law embodied in the Act of 1918, it is difficult to see why the Committee did not attach importance to a declaration by Parliament itself as to what the law was at the time. I am afraid the view taken by the officials of the Board of Education on the matter leaves me cold. In the sphere of their own duties, they are of the greatest value to the State, but as interpreters of the law they have no particular authority. I am sorry the President of the Board has not seen his way to accept this Amendment, which is exactly in accordance with the clear intention of Parliament in 1918. I regret that what was then laid down with perfect clearness, and by nobody with greater clarity than by the right hon. Gentleman himself, should not have been accepted by the Joint Committee. This is one of the cases bound to arise, where those desirous to consolidate, and authorised to consolidate, do in practice, without in the least intending it, interfere with the meaning of the law.

I am afraid I do not thoroughly appreciate the references as to what the alteration in the law has been, and while I am grateful for certain remarks which have been made, I cannot lay any claim to having persuaded the Committee on this point. The Bill was drawn in its present form by the Parliamentary draftsman, and those who represented the Board of Education and their legal advisers and it came before us in that form. It was argued at great length by Mr. Mundella whose arguments were dealt with by Lord Stewart and another member of the Committee and it was not until then, that I said I had not quite followed something previously said. I asked one question and made one remark and I cannot take any credit for getting this put into the Bill although I have been given credit for my advocacy on this point. I took no other part in the matter beyond agreeing with and voting with the majority and I am bound to say it seemed to me unarguable to come to any other decision.

Amendment negatived.

The next Amendment on the Paper is consequential.

Clause ordered to stand part of the Bill.

Clauses 30 to 75 inclusive, ordered to stand part of the Bill.

CLAUSE 76.—(Compulsory attendance at continuation schools.)

(4) In considering what continuation school a young person shall be required to attend a local education authority shall have regard, as far as practicable, to any preference which a young person or the parent of a young person under the age of sixteen may express, and, if a young person or the parent of a young person under the age of sixteen represents in writing to the local education authority that he objects to any part of the instruction given in the continuation school which the young person is required to attend, on the ground that it is contrary or offensive to his religious belief, the obligation under this Act to attend that school for the purpose of such instruction shall not apply to him, and the local education authority shall, if practicable, arrange for him to attend some other instruction in lieu thereof or some other school.

Where, as respects any area or part of an area, or any class of persons in an area or part of an area, the provisions of the Education Act, 1918, corresponding to this Section have come into operation before the commencement of this Act, this Section shall, as respects such area or part of an area or class of persons, have effect as if the appointed day were the date on which those provisions came into force with respect to such area or part of an area or class of persons.

The following Amendment stood on the Paper in the name of Mr. Acland: In Sub-section (4) after the word "school" ["or some other school"] to insert a new Sub-section—

"(5) This Section shall come into operation on a day or days to be appointed by the Board of Education, and different days may be appointed for different areas or parts of areas and for different persons or classes of persons. Provided that"

With regard to this Amendment, it appears to me that these words are only repeating in this Clause what is provided for in another Clause at the end of the Bill.

The particular point in this relates to the application of these words, about the alternative appointed day "for different areas or parts of areas and for different persons or classes of persons," only to the part of the Bill dealing with continuation schools and not to the Bill generally as is done in Clause 173. To apply it generally would enable the Minister, by putting into force a repealed Section or delaying the enactment of the Section which replaces it, to leave absolutely in abeyance part of the existing education law. I propose to restore the Bill to the form in which it was originally drafted. That was the point which I desired to argue.

I think it would be in order here, but what the right hon. Gentleman has said makes me think that his later Amendment to Clause 173 would not be in order.

If you would tell me whether the Minister's Amendments would be in order, I should know whether they would be accepted.

I think we must defer the matter until we get to the Clause. I have my doubts about the Minister's Amendments.

The point I would urge, in general, is that whatever else may be absolutely decided by the Committee as to being the law, the question of the application of the Bill must be really not so much a question of existing law as a matter which has to be defined anew at the end of a Bill, or in accordance with the law in particular points of the Bill that show variation from what is stated at the end of the Bill. With regard to this point of application, there must be a little latitude for consideration. My point is that all the Education Acts are, of course, law and in operation, except the Education Act, 1918. The continuation classes cannot unfortunately be in operation for some time, and there is one part of the Act of 1913, that is school attendance up to the age of 14, which cannot be in operation until the end of the War. When the Committee considered this matter, they had no assurance when the end of the War would technically arrive and when this matter of attendance up to 14 would be cleared up. The end of the War has now been fixed, and the Minister of Education can now clear up this outstanding matter by a stroke of the pen. If he does, all that will remain after the end of the War is the question of the continuation classes, which need not be left in doubt as to whether they should be brought into operation or not. A new position having arisen, I am proposing to supply the words giving great latitude of application for continuation classes only, and have something more in the nature of a specific date for the application of the rest of the Bill.

It seems to me now that it is proposed to make a real change in the Clause by taking away from the Board of Education the discretion, or option, which it possesses.

They will still have the same discretion with regard to the continuation classes as before. That is the object of this particular Amendment. They would have a definite date for the rest of the Bill, but before that date came on every other matter, except these continuation classes, would be the law of the land, and there would be no danger in having it come into operation on a definite day. It would avoid the danger and difficulty, of which the Committee were very well aware, of placing these very general words at the end of the Bill, by which they ran the risk of throwing the whole of the law as to education into confusion.

Perhaps it may save time if I intervene now to point out to my right hon. Friend that his Amendment would change the law, although on grounds of convenience I should be very glad to accept it, for it restricts the discretion of the Board which the Board has under Section 52 (3) of the Act of 1918, with reference to Section 8 of that Act. I therefore cannot accept the Amendment, for however convenient it may be, it restricts the discretion which the Board has hitherto exercised.

This Amendment to Clause 76 is moved as part of the proposal, the remainder of which comes in at Clause 173. I think there is no doubt, as the Education Minister has said, that it does make a real change in the law. If the Amendment had been moved on its merits, then it would have been in order, but as I gather it is part of a concrete whole, I am afraid I cannot admit it.

Clause ordered to stand part of the Bill.

Clauses 77 to 172 inclusive ordered to stand part of the Bill.

CLAUSE 173.—(Short Title, Extent, and Commencement.)

(1) This Act may be cited as the Education Act, 1921.

(2) This Act shall not extend to Scotland or Ireland.

(3) This Act shall come into operation on the appointed day, and the appointed day shall be such day as the Board of Education may appoint, and different days may be appointed for different purposes and for different provisions of this Act, for different areas or parts of areas and for different persons or classes of persons:

Provided that the appointed day for the purposes of Part IV of this Act and the repeal of the Enactments relating to school attendance shall not be earlier than the termination of the War—"

I beg to move, in Subsection (3), to leave out the words

"on the appointed day, and the appointed day shall be such day as the Board of Education may appoint, and different days may be appointed for different purposes and for different provisions of this Act, for different areas or parts of areas and for different persons or classes of persons:

Provided that the appointed day for the purposes of Part IV of this Act and the repeal of the Enactments relating to school attendance shall not be earlier than the termination of the War"—

and to insert instead thereof the words

"except as otherwise expressly provided on the first day of August, nineteen hundred and twenty-two."

I am going to ask the Minister of Education briefly to indicate the scope of his Amendments which follow that of the right hon. Gentleman, because I am not at all sure that it does not mean a change in the law. I ruled the previous Amendment of the right hon. Gentleman (Mr. Acland) out of order, because it was part of a proposal which he amplified, and that seemed to me to change the law.

Perhaps you will be good enough at this point to look at my Amendment, which deals specifically with the date of the application. My date is 1st August, 1922; the Minister's date is not earlier than 1st January, 1922. I imagine that the question whether or not you change the law does not arise. Therefore I think I might be allowed to say something.

My right hon. Friend has already given me an assurance on this important and difficult matter of date. He has said that with the exception of the Continuation Clauses that he gave me this assurance, that he will not bring the Act into operation piecemeal; is that so?

That is a very considerable help to those concerned with the Bill. Unless Clause 8 is indefinitely delayed, in which case he would bring the whole of the rest of the Act into operation on one date, he says he will not exercise the power which Clause 173 confers upon him, namely, he will not pick and choose amongst education legislation as to which he will bring into operation, and which he will leave out. That I accept: that relieves me. The only other point I make is this: I think there is a good deal to be said for not rushing this, and for not imposing it upon education authorities before the beginning of the next school year, next August. One hopes that by then a new manual commenting upon the new law will be issued. I understand my right hon. Friend, if he finds that it is more convenient for local educational authorities to wait until 1st August, will make it so?

Therefore on those two assurances first, that my right hon. Friend will not pick and choose, but with exceptions to which I agree, he will either postpone the whole thing, or bring it all into operation on a certain date; with the further assurance that he will make inquiries of the local education authorities as to their convenience before he fixes the early date of 1st January. Therefore I will not proceed further with my Amendment.

I beg to move, in Subsection (3), after the word "day" ["shall be such day"] to insert the words "not being earlier than the first day of January, nineteen hundred and twenty-two."

My first Amendment merely gives the date on which the Bill is to be brought into operation, and I suggest it should not be earlier than 1st January, 1922. So far as I know there is a general desire on the part of local education authorities to have the Bill as soon as possible. For that reason I should like, if possible, to bring it into operation in January. At the same time I undertake to make inquiries of the local education authorities to see if, as my right hon. Friend thinks, they would like a little more time. With regard to my Amendment to leave out the words

It would be impossible for me, without going through the labours of the Joint Committee, to say whether this is an alteration, but I think I may take what the Minister says as prima facie evidence and put the Amendment to the Committee.

Amendment agreed to.

Further Amendment made: In Subsection (3) leave out the words,

"Part IV of this Act and the repeal of the enactments relating to school attendance shall not be earlier than the termination of the War,"

and insert instead thereof the words,

"the repeal of any particular enactment shall not be earlier than the day fixed as the appointed day for the coming into operation of the corresponding provisions of this Act."—[ Mr. Fisher. ]

Clause, as amended, ordered to stand part of the Bill.

Schedules ordered to stand part of the Bill.

Bill reported, with Amendments; as amended, considered; read the Third time, and passed, with Amendments.

Law of Property [Lords]

Order for Second Reading read, and discharged; Bill withdrawn.

Electricity (Supply) Acts, 1882 to 1919

Resolved,

"That the Special Order made by the Electricity Commissioners under the Electricity (Supply) Acts, 1882 to 1919, and confirmed by the Minister of Transport under Section 26 of the Electricity (Supply) Act, 1919, in respect of the urban district of Panteg, in the County of Monmouth, which was presented on the 11th day of July (H.C., 167), be approved."

Resolved,

"That the Special Order made by the Electricity Commissioners under the Electricity (Supply) Acts, 1882 to 1919, and confirmed by the Minister of Transport under Section 26 of the Electricity (Supply) Act, 1919, in respect of the urban district of Estron, in the North Riding of the County of York, which was presented on the 11th July (H.C., 167–1), be approved."

Resolved,

"That the Special Order made by the Electricity Commissioners under the Electricity (Supply) Acts, 1882 to 1919, and confirmed by the Minister of Transport under Section 26 of The Electricity (Supply) Act, 1919, in respect of the urban district of Bedwas and Machen, in the County of Monmouth, which was presented on the 11th July (H.C., 167–2), be approved."

Resolved,

"That the Special Order made by the Electricity Commissioners under The Electricity (Supply) Acts, 1882 to 1919, and confirmed by the Minister of Transport under Section 26 of The Electricity (Supply) Act, 1919, in respect of the urban district of Risca,in the County of Monmouth, which was presented on the 11th July (H.C., 167–3), be approved."

Resolved,

"That the Special Order made by the Electricity Commissioners under the Electricity (Supply) Acts, 1882 to 1919, and confirmed by the Minister of Transport under Section 26 of the Electricity (Supply) Act, 1919, in respect of the urban district of Risca, in the county of Monmouth, which was presented on the llth July (H.C., 167–4), be approved."

Resolved,

"That the Special Order made by the Electricity Commissioners under the Elec- tricity (Supply) Acts, 1882 to 1919, and confirmed by the Minister of Transport under Section 26 of the Electricity (Supply) Act, 1919, in respect of part of the parish of Stranton, in the rural district of Hartlepool, in the county of Durham, which was presented on the 11th July (H.C., 167–5), be approved."

Resolved,

"That the Special Order made by the Electricity Commissioners under the Electricity (Supply) Acts, 1882 to 1919, and confirmed by the Minister of Transport under Section 26 of the Electricity (Supply) Act, 1919, in respect of the borough of Guildford, the parishes of Artington, Merrow, West Clandon, Worplesdon, and part of the parish of Compton, in the rural district of Guild- ford, and the parishes of Shalford and St. Martha, in the rural district of Hambledon, in the County of Surrey, which was presented on the 11th July (H.C., 167–6), be approved."—[ Mr. Need. ]

The remaining Orders were read, and postponed.

Whereupon Mr. SPEAKER adjourned the House, without Question put, pursuant to the Order of the House of 26th July.

Adjourned at Twenty-six Minutes before One o'clock.