House of Commons
Thursday, February 22, 1923
The House met at a Quarter before Three of the Clock, Mr. SPEAKER in the Chair.
Proletarian Sunday Schools
I beg to present a petition from the National Citizens' Union, signed by 1,500 persons, praying that this House will give facilities for passing a Bill to deal with seditious and revolutionary teaching in proletarian Sunday schools.
I beg to present a petition from the inhabitants of Goring, Streatley, Shiplake and Checkendon, in the Henley Division of South Oxfordshire, praying that the Government will introduce legislation dealing with the so-called proletarian schools.
Private Business
Barnsley Corporation Bill (by Order),
Second Reading deferred till Tuesday next.
Birkenhead Corporation Bill (by Order),
Second Reading deferred till Tomorrow.
Chesterfield Corporation Bill (by Order),
Second Reading deferred till Tuesday next.
City and South London Railway Bill (by Order),
Second Reading deferred till Thursday next.
London County Council (General Powers Bill (by Order),
Second Reading deferred till Tomorrow.
London Electric Railway Bill (by Order),
Second Reading deferred till Thursday next.
Maidstone Corporation Bill (by Order),
Second Reading deferred till Tuesday next.
Mersey Docks and Harbour Board Bill (by Order),
Mitchan Urban District Council Bill (by Order),
Second Reading deferred till Monday next.
Nottingham Corporation Bill (by Order),
Second Reading deferred till Tuesday next.
Potteries and North Staffordshire Tramways and Light Railways Bill (by Order),
Second Reading deferred till Tomorrow.
Rawmarsh Urban District Council Bill (by Order),
Rugby Urban District Council Bill (by Order),
Second Reading deferred till Monday next.
Thornton Urban District Council Bill (by Order),
Read a Second time, and committed.
Torquay Corporation Bill (by Order),
Second Reading deferred till Tuesday next.
West Riding of Yorkshire County Council (Drainage) Bill (by Order),
Second Reading deferred till Thursday next.
Oral Answers to Questions
Ex-Service Men
Mental Cases
1 and 2.
asked the Minister of Pensions (1) whether he has received a resolution of protest from various Poor Law unions, and, if so, from how many of them, concerning the recent action of the Ministry of Pensions in deciding to transfer to pauper lunatic asylums ex-service men whose condition is alleged not to be due to or worsened by the War; and whether he will reconsider the said decision in view of the burden cast upon the guardians by this decision, who are already overburdened by the demands made upon them through unemployment;
(2) whether he is now prepared to remove the stigma of pauperism which has been cast upon the pauper-lunatic-asylum ex-service men by placing the sole responsibility for caring for them upon the State as a national charge in discharge of our national duty?
asked the Minister of Pensions if he will reconsider his recent action of transferring to pauper lunatic asylums ex-service men whose condition is alleged not to be due to or worsened by the War, and thus relieve boards of guardians already unable to meet the demands made upon them through unemployment?
I would refer the hon. Members to the answer which I gave on the 15th February to the hon. Member for Bow and Bromley (Mr. Lansbury) and the hon. Member for West Bromwich (Mr. F. Roberts).
Could not the right hon. Gentleman take an opportunity to carry out the assurances he gave in his speech the other evening, that these individual cases of suffering should be included in his scheme for dealing with ex-service men in asylums?
I have already given a very full explanation to the House on the Motion for the Adjournment. These cases are also being gone through, and I am glad to say that since my answer of last Thursday another 17 cases have been admitted.
Would the right hon. Gentleman lay on the Table a statement showing the number of men, the service rendered, and the category under which they were passed into the Army, so that the House may know all that there is to know about the men that have been treated as pauper lunatics?
I do not think a complete return could be given, because there are certainly 100 of these cases now before the Tribunal, and we cannot give the final results.
asked the Minister of Pensions why ex-service men who were graded A 1, served overseas, were invalided out of the Army, and are now in lunatic asylums, are deprived of their pensions?
I would refer the hon. Member to the full answer which I gave to him on the 28th November last, in which I stated that compensation from my Department is granted only if the disability, mental or other, is found to be due to or worsened by war service. I may add that each case is considered on its merits, full regard being given to the medical condition and other circumstances, including the nature and conditions of service.
Civil Service
48 and 51.
asked the Prime Minister (1) if he will set up an immediate committee of inquiry to review the whole question of the employment of ex-service men in the Civil Service, and thus allay the unrest at present existing in the ranks of these men;
(2) If he is aware that over 200 ex-service temporary clerks discharged from the Ministry of Labour at Kew have been for the past two weeks daily blockading that Ministry in protest against the retention in Government offices of thousands of temporary women; has he been informed that the whole of the ex-service temporary civil servants are so incensed with the various injustices under which they consider they are suffering at the hands of the permanent highly-placed officials that they are about to send him personally their war decorations in bulk, and will he cause an inquiry to be made as to the allegations?
I am informed that a certain number of ex-service men who have recently, owing to reduction of work, been discharged from the Ministry of Labour at Kew are daily demonstrating outside that Office. With regard to the latter part of the question, I have not been so informed, and should greatly deplore any such proposal. I am satisfied that, in accordance with the recommendations of Lord Lytton's Committee, full regard is had to the just claims of ex-service men in the matter of employment in the Civil Service, as is indeed shown by the monthly returns of ex-service men employed in Government Departments, and I am not prepared to set up a fresh Committee of Inquiry further to review this question.
Can the right hon. Gentleman say whether it is true that, while ex-service men are being discharged, conscientious objectors are kept in employment in the Civil Service? [ Interruption. ] It is true.
Post Office Savings Bank
asked the Chancellor of the Exchequer if he is aware that there are approximately 600 temporary women clerks in the Savings Bank and Money Order Departments of the General Post Office who are officially stated to be employed upon work proper to women, but who nevertheless are engaged in these Departments upon identical duties as the temporary ex-service clerks agreed to be carrying out male clerical class duties; and, in view of this, will he give instructions that a sufficient number of these women, who do not come under the category of hardship Cases, be replaced by the Kew discharged ex-service men?
In the Savings Bank Department practically all the temporary ex-service clerks are normally employed upon duties proper to men, although from time to time a few of them are utilised, when available, on duties proper to women on which temporary women clerks are also engaged. In the Money Order Department a considerable number of temporary ex-service men are employed on work proper to women; but while the right hon. Gentleman hopes that it will be possible to continue this concession for a time, he regrets that he does not see his way to agree to its extension.
Inland Revenue
asked the Chancellor of the Exchequer whether he is aware that in a recent Departmental test 155 women passed out of a total of 800 employed in the Inland Revenue, and that it has been decided that the majority of the women who failed in their examination are to be retained indefinitely; if he will explain why these women who have failed are being retained without any further examination, whilst many ex-service men who have put in several years' satisfactory service are being given notice to leave; and whether, in those cases where employment may be offered to ex-service men, such employment is contingent upon satisfaction at a Departmental examination?
My hon. and gallant Friend is under a misapprehension. Certain ex-service temporary clerks who are redundant at the Head Office are being re-employed in the Taxes Branch, subject to a simple test of fitness required of all officers of that branch. The women who failed to qualify in the Departmental examination are not displacing these ex-service men and their retention is temporary only.
Naval and Military Pensions and Grants
Administration
asked the Minister of Pensions whether his attention has been called to the numerous and increasing criticism of the working of his Department; and whether he can avail himself of some early opportunity to make a general statement on the subject to restore public confidence?
Before the right hon. Gentleman replies, may I ask whether there is any foundation at all for the insinuations which this question contains?
I think that this question must have been put down before the Debate, in which I took the opportunity of giving, as far as I could, the information sought for in the question. I would refer my hon. Friend to the statement I made during the Debate on Pensions Administration last Tuesday.
Decentralisation
asked the Minister of Pensions whether he can now consider the question of the further decentralisation of issue; whether he regards the Scottish experience as satisfactory; and whether he is still receiving complaints as to the slowness of issue in this country?
The decentralised issues of pensions in Scotland is proceeding satisfactorily, but I am not prepared to agree to further decentralisation, as I am not satisfied that any real advantage would result, having regard to questions of accommodation and other difficulties. The number of complaints of delay which I receive or where failure can be attributed to the Issue Office is greatly reduced.
Irregular Payments
asked the Minister of Pensions the total number of deductions, by way of recovery of payments irregularly made, from pensions or allowances now being issued in connection with disability due to service in the late War; whether there are any cases and, if so, how many in which men thus owe the State money when they are receiving nothing from it, owing to their pensions and allowances having ceased; and what action he is taking in these cases?
I regret that I am not in a position to supply the figures asked for. It is not the practice to enforce recovery in the circumstances mentioned in the second part of the question, unless it is clear that the money has been improperly obtained by fraud or misrepresentation.
Labour Company (T. Kelly)
asked the Minister of Pensions why the pension of ex-Private Thomas Kelly, of 53, Raven Street, Bradford, and No. 35,620, Labour Company, discharged in 1918 suffering from shellshock, has been fixed by the Department at 7, Boar Lane, Leeds, on 23rd March, 1922 (Ref. 4/MK/2197) at only 80 per cent. of the full rate, in view of the fact that Kelly is totally incapacitated from work through his war services; and if he will look into the case with a view to a more generous allowance?
I am arranging for this man to be examined by a medical board with a view to further consideration of his case.
Royal Engineers (G. N. Smith)
asked the Minister of Pensions if his attention has been called to the case of George N. Smith, an ex-service man who served in the Royal Engineers, No. 228,287, who was gassed at Cambrai in November, 1917, and as a result is now a physical wreck and cripple with a wife and four young children, obliged to accept Poor Law relief; was he previously in receipt of a 100 per cent. pension, this pension being stopped by a medical board at Canterbury in October, 1921, on the ground that the cause of disability had passed away; and whether, in view of all the circumstances connected with this case and the man s present disabilities, he will have the case further considered, with a view to a restoration of the man's pension?
This man's condition was, on his own statements, clearly of pre-War origin; but aggravation by service was conceded, and he was pensioned on that basis for asthma and bronchitis until November, 1921, when the effects of service on his disability were found to have passed away. There is no record that the man was at any time gassed. The decision of the Ministry has been confirmed on appeal by the independent tribunal, and is now, therefore, final.
I beg to give the right hon. Gentleman notice that I shall raise this and some other cases on the Motion for the Adjournment.
Worcestershire Regiment (J. E. Evans)
asked the Minister of Pensions whether he is aware that James Edward Evans, No. 7,877, regimental quartermaster-sergeant, Worcester Regiment, was a time-serving soldier prior to 4th August, 1914; that, on that date, he was suffering from loss of voice due to service as an instructor; that his Army medical history proves this; that after the War he appealed for his discharge owing to this disability, which was granted after serving 16 years and 178 days; whether Evans was granted a permanent pension; and, if so, why was it stopped?
I am making inquiries into this case and will communicate with the hon. Member.
Widow's Pension (Mrs. Oliver Harrison)
asked the Minister of Pensions if he is aware that Mrs. Oliver Harrison, widow of ex-Private Oliver Harrison, No. 265,231, who died on 22nd January, 1920, from gas poisoning, has been refused a pension for herself and child because it is alleged her husband was poisoned by gas on active service before he was married; that Mrs. Harrison received separation allowance for herself and child from the time of marriage until her husband was discharged from the Army, and she also received £1 per week for some time after her husband's death; and will he see that the widow of this soldier who died through serving his country has her pension restored to her?
In the short time available, I have not been able to complete my inquiries, but I am looking into this case, and will communicate with the hon. Member as soon as possible.
Cameron Highlanders (D. Macqueen)
asked the Minister of Pensions whether he is aware that Duncan Macqueen (L/c 5/40,377), Cameron Highlanders, was recommended by three medical referees to receive 10s. weekly for special diet for three different periods; that he was given a form by the Local War Pensions Committee to be filled in by his own private doctor with the special dietary required; and that he was also asked to supply the Local War Pensions Committee with the bills from the tradesmen supplying the goods; whether he is aware that this man was removed to Bellahouston hospital as an in-patient; that he was informed by an official of the Pensions Ministry that he was £44 10s. in debt for over-payment of special diet; that 10s. weekly was deducted from his wife's allowance during the time he was in hospital; that his State pension has been withheld; and that, although awarded a pension by his last board, this also has been withheld, and he has received a letter from the regional headquarters, Edinburgh, informing him his pension would be withheld as part payment; whether he is aware that this man is destitute; and whether he will take steps to pay the pension to Macqueen which has been awarded him?
I have inquired into the circumstances of this case, and find that special diet allowance, amounting to £44 10s., was irregularly paid to this man. In view, however, of his present condition, I have decided to waive further recovery of the amount over-issued.
Is the Ministry prepared to hand back some of the money which has been taken away from this man's wife while he was in hospital, and she was not in receipt of any allowance at all?
I will consider that point. I understand that the money was irregularly issued and should never have been issued, but we are waiving any further recovery.
In view of the reply that the right hon. Gentleman has just given to Question No. 5, is he not going to put that into operation in this case?
I cannot undertake to refund money which ought not to have been paid.
Appeals
asked the Minister of Pensions under what circumstances, if any, it is possible for disabled ex-service men or their dependants to be heard with regard to a fresh application for pension or treatment allowance when they have once been turned down by the appeal tribunal?
asked the Minister of Pensions if any cases of ex-service men, on which a decision had been given by a pensions appeal tribunal, have been reopened for consideration; and, if so, how many cases have been dealt with in this manner, and on what grounds?
By the provisions of Section 8 of the War Pensions Act, 1919, the decision of a pensions appeal tribunal is final, and I am advised that it is not possible for appellants whose appeals have been rejected by a tribunal to have their cases heard again; nor, in fact, have any cases been so re-opened and re-heard. In a small number of wholly exceptional cases (not more than six or seven) the Treasury has made a special concession.
Is it not possible for the right hon. Gentleman to consider the matter further, in the light of a suggestion, made in a Debate in the last House, that, where new matter arises, it might be possible, in certain exceptional circumstances and with due safeguards, to allow cases to be re-opened?
I shall, of course, consider that. We have been going into it fully, and have found great difficulties.
Royal Field Artillery (D. Howell)
asked the Minister of Pensions if his attention has been called to the case of ex-Farrier Staff-Sergeant David Howell, Royal Field Artillery, Nelson Street, Chepstow, Monmouth shire who served upwards of three years in France, and who is now totally disabled from tuberculosis; whether he is aware that a medical board has stated that this attack had its onset in May, 1918; that in June, 1918, he was attended on the field for a short attack of pleurisy; that on the 22nd December, 1921, a report by a physician stated that the disease is attributable to his service in the Army; that this opinion is supported by three other doctors; that four Army officers declare that a miscarriage of justice has been done in this case by refusing a pension to this ex-sergeant; and whether, seeing that he has to obtain what nourishment he gets from the Chepstow Guardians, to the extent of 6s. per week, he will see that this case is reopened, and a full investigation made into it?
I am obtaining particulars of this case, and will communicate with the hon. Member as soon as possible.
London Regiment (E. H. Eakins)
asked the Minister of Pensions whether his attention has been called to the case of Mrs. Eakins, wife of the late Ernest Henry Eakins, No. 163282, Company Quartermaster-sergeant of the 2nd/10th London Regiment, afterwards transferred to the Middlesex Regiment and then to a labour corps, whose death the local doctors maintain was caused through his war service; whether he is aware that this man was passed into the Army as A1, contracted various diseases while there, and passed away last June from the effects of these; and whether the Minister will make inquiries into the case?
After full consideration of all the available evidence the Ministry were unable to accept the cause of this man's death as being connected with his service. This decision has been confirmed on appeal by the independent tribunal, and is now, therefore, final.
East Yorkshire Regiment (D. Caton)
asked the Minister of Pensions if his attention has been called to the case of Mr. D. Caton, who joined up in the East Yorkshire Regiment in 1914, was twice severely wounded, a gunshot wound in the left shoulder causing severe lung trouble, and who for a certain period received employment at the Post Office from which he has now been discharged; is he aware that before the War this man was employed by a well-known firm which certifies that he was never away from work through illness; that his doctor also certifies that his present condition is due to war service; and that his appeal for a pension has been dismissed with no reason given except that his present condition is not attributable or aggravated by war service; and whether, in the circumstances, he will order a thorough investigation into this case?
This man was invalided in April, 1919, on account of wounds, for which he is now receiving pension at the 30 per cent. rate. In June, 1922, he claimed pension for tuberculosis, but on examination no trace of that disease could be found, his condition being diagnosed as bronchitis. This further disability could not, however, be connected with the wound of the left arm or with service, and that decision, having been confirmed on appeal by the tribunal, is final.
Entitlement
asked the Minister of Pensions the total number of cases dealt with during the year 1922 in the South Wales and Monmouthshire area wherein the entitlement was attributable to war service; and the number of such cases which were altered by decision of the Ministry to aggravated by war service?
I regret that I have not the particulars desired for the area mentioned, but I have no reason to believe that the position there differs materially from that for the whole country, which I gave in reply to a question by the hon. Member for Gower (Mr. D. Grenfell) on the 1st December last. I am sending my hon. Friend a copy of that answer.
Is not an alteration from attributability to aggravation a practical admission, either of wrong designation to start with, or of the injustice of the second decision?
If the aggravation remains constant, that would make no difference to the pensioner, and I would remind the hon. Member that there is quite a number of cases in which it has been altered in the other direction, to attributability instead of aggravation, which is, of course, in favour of the man.
asked the Minister of Pensions if he will at once issue instructions to his Department that, in all cases wherein the entitlement was attributable to war service and altered, by the decision of the Ministry, to aggravated by war service, the reasons for such alterations be endorsed at the time on the appellant précis?
An instruction in the sense desired by my hon. Friend has been in force for some time.
Education
Teachers' Training Colleges
asked the President of the Board of Education if his attention has been drawn to the increase in fees demanded for 1923–24 at many of the teachers' training colleges, at a time when administrative costs are coming down; if the increases are countenanced or encouraged by the Board; and will he inquire into the reasons for the specially heavy increases at Bingley £30 to £105, Brighton £20 to £80, Sheffield £25 to £80, and Leeds £30 to £80?
I would refer the hon. Gentleman to the reply I gave on the 15th February last to the hon. Member for the Rothwell Division.
asked the President of the Board of Education whether he can give the names of the Departmental Committee which is to consider and review the position of training colleges, and the terms of reference to such Committee?
I will make a communication on the subject as soon as possible.
Shall I put a question down next week?
I am afraid I might disappoint the hon. Member again. When I am in a position to answer, I will let him know.
asked the President of the Board of Education whether, in view of the fact that, while the training colleges provided by local education authorities have been treated since 1919 as local institutions, the local authority having to find 50 per cent. of the net cost, these colleges are doing work similar in character and of equal national importance to those not provided by local education authorities, he will reinstate the substantive grants to training colleges maintained by the 16 local education authorities to enable them to continue the work of these colleges whilst the proposed Committee carries on its deliberations and reports thereon?
The difficulties of local education authorities who provide training colleges are, as I stated in reply to the hon. Member for Rothwell on the 15th February, partly and indeed largely due to the unwillingness of other local education authorities to co-operate with them or contribute, either directly or indirectly by aiding students who attend the colleges, to the cost. I was requested by the deputation representing the authorities providing colleges which I received on the 11th January to set up a Departmental Committee to review the whole position, and having agreed to do so I do not think I should be asked to anticipate their recommendations. I understand that the authorities concerned estimate that the cost of the hon. Member's suggestion to the Exchequer would be £65,000 a year.
Is it not a fact that the local authorities concerned regard the change in the Board's attitude as a distinct breach of faith, and they are put to a great increase of local expenditure in consequence?
I have seen that argument used on behalf of local education authorities, but it is not an argument I have ever thought was well founded.
Cadet Corps
asked the President of the Board of Education whether, in view of the announcement that the financial support hitherto given by the War Office to the Cadet Force is to be withdrawn on 31st March, and having regard to the high educational value of the training given in the cadet organisations of the public secondary schools, he will consider the advisability of placing the grant on the Education Estimates?
I fully share the appreciation entertained by my hon. and gallant Friend for the work of the cadet corps in grant-aided secondary schools, but I regret that I am unable to give effect to his suggestion.
Church Schools, Moxley
asked the President of the Board of Education whether he is in a position to render any financial assistance in connection with the rebuilding of the church schools, Moxley, Wednesbury; and, if not, what steps does he propose to take to ensure adequate accommodation for educating the children of the district?
The Board have no power to render any financial assistance towards the rebuilding of a voluntary school. I understand that the managers of the school in question are preparing proposals for the improvement of the premises.
Provision of Meals
29 and 30.
asked the President of the Board of Education (1) whether he can state the total cost of the meals provided by educational authorities during 1922 under the Feeding of Necessitous School Children Act;
(2) whether he can state the number of meals provided during 1922 under the Feeding of Necessitous School Children Act by the various education authorities throughout the country?
The total number of meals provided by local education authorities in England and Wales under the Education Act, 1921, during the calendar year 1922 was 20,522,519. As regards the cost of meals, the returns made to the Board are for the financial year; the net expenditure of local education authorities in England and Wales on provision of meals during the financial year 1922–23, as estimated by them in December last, is £338,123.
Teachers (Socialist Sunday Schools)
asked the President of the Board of Education what steps he proposes to take to deal with those school teachers who, as established civil servants and drawing the taxpayers' money, are engaged each Sunday in teaching at Socialist Sunday schools the ethics of revolution and anarchy to the young?
School teachers are not established civil servants, but are the servants of local education authorities or governing bodies who are responsible for their employment or dismissal. I have no statutory authority to require teachers to abstain from employing their leisure time in any manner which does not offend against the law, and no evidence has reached me that individual teachers employed in grant-aided schools are inculcating revolution and anarchy in Sunday schools. At the same time I recognise, as also does the teaching profession generally, that it is the duty of a teacher engaged in the public service of education so to exercise his own liberty of speech or action as not to prejudice the performance of his duty to the children in his charge or impair the confidence which parents generally should be able to feel in the teachers of their children, not forgetting that the majority of parents enjoy no choice of schools for their children.
Has the right hon. Gentleman made himself acquainted with the precepts which govern teaching in the Socialist Sunday schools, and can he say in what respect they conflict with the Sermon on the Mount?
I do not think I am called upon to enter upon a discussion on the relation of Socialism to the Sermon on the Mount. I merely attempt to answer as to the legal position.
In view of the fact that these teachers are paid out of public money and the children of parents of all creeds of politics go to these schools, is it not desirable that the teachers in their leisure time should avoid acute political questions as far as possible?
That is the question which has already been fully answered.
Would the right hon. Gentleman recognise that the teaching of the Socialist Sunday schools includes loving their school fellows, who will be their fellow workers in life, a love of learning—
The matter cannot now be debated.
Is the right hon. Gentleman prepared to carry the same attitude of mind into the action of civil servants who play golf and tennis on Sunday?
Compulsory School Age
asked the President of the Board of Education how many applications by local education authorities have been made asking for the permission of the Board to take power under the Education Act of 1918 to raise the compulsory age to 15, thus enabling the local authorities to deal in some measure with the large numbers of unemployed children?
Previously to January, 1921, when Circular 1190 was issued, the Board received applications from nine local education authorities, and since that date applications from six authorities have been received.
Have the applications been granted, and if not, why not?
If my Noble Friend refers to the answer I gave a week ago, he will see the whole thing outlined at length.
Questions
Entertainments Duty (School Concerts)
asked the President of the Board of Education whether he is aware of the number of forms, letters, etc., which have to be filled up and written in order to secure exemption from the Entertainments Duty for a village school concert; and whether he will confer with the Chancellor of the Exchequer to secure absolute exemption for any national school entertainment where the proceeds of such entertainment go entirely to the athletic fund of the school?
I will communicate my hon. Friend's suggestion to my right hon. Friend.
Iraq (Bombing Operations)
asked the Secretary of State for Air whether bomb- ing has ever taken place in Iraq as a punishment for non-payment of taxes; and if every case of bombing is reported to the Air Ministry, so that the practice may be reviewed from time to time on documentary evidence?
I am glad to have the opportunity of explaining the position in regard to bombing operations in Iraq. There is no foundation for the suggestion that bombing has been carried out in Iraq or elsewhere to enforce payment of taxes or as punishment for the failure to pay them. The bombing operations which have taken place have been invariably for the purpose of putting down open revolt or armed defiance to the administration, or attacks upon the native police, and have always been undertaken at the request of the civil authority. They are in all cases reported to the Air Ministry. One of the fullest and most recent reports of this kind which I have read shows that bombing has been confined to cases in which tribal chiefs have been acting in armed co-operation with irregular Turkish bands or have been harbouring forces whose object was to raise the tribes against the British and the local Christians, or have been holding up caravans or firing upon the police. I am sending the hon. and gallant Member a copy of this report and some other papers bearing on the subject.
Fog Dispersion
asked the Secretary of State for Air whether he is willing to carry out experiments over London or along the railways in fog dispersion, such as have been carried out with alleged success by the American Army Air Service with sand electrically charged from aeroplanes?
Full particulars of the experiments in America to which my hon and gallant Friend refers had already been called for by the Air Ministry, but have not yet been received. I may mention, however, that certain methods have been evolved for the dispersal of fog in a small confined space, but they do not appear to be as yet suitable for application on a large scale. I fully realise the importance of the question, which is being closely watched by my Department, and any method of fog-dispersal which promises to be effective will be carefully investigated and, unless the cost is prohibitive, given a practical trial.
Will the right hon. Gentleman consider the use of raw coal?
I do not think that question ought to be addressed to my Ministry.
Budget (Date)
asked the Chancellor of the Exchequer whether he is aware that the uncertainty arising each year as to the date of the introduction of the Budget causes considerable dislocation to the various trades concerned in the manufacture, importation, and sale of dutiable articles; and whether, without detriment to the Treasury, it would be possible to arrive at a general agreement for a fixed date to apply each year for the introduction of the Budget?
I have carefully considered the proposal, but I fear that it is impracticable.
Will the right hon. Gentleman consider whether this difficulty could be overcome by the announcement of the date of the Budget a considerable period beforehand each year?
If my hon. Friend will fix the date of Easter I will consider it.
British Debt (United States)
asked the Chancellor of the Exchequer the date or dates on which the late Government undertook the liability of the loan from America; the proportion of that loan which went to France and Italy; and whether any protest against the desire of America that the United Kingdom should be responsible was made at the time by His Majesty's Government?
The certificates of indebtedness bear various dates between 26th April, 1917, and 25th June, 1919. No part of the advances went to France or Italy, those countries borrowing directly from the United States for their expenditure in America. The latter part of the question does not therefore seem to arise.
asked the Chancellor of the Exchequer what our total indebtedness to the United States is; how much of that amount left the United States; and how much was expended in purchases in the States?
Our debt to the United States Government amounts to 4,604 million dollars, covered by the agreement now being made with America, and 61 million dollars still owing in respect of silver purchases; to which must be added market loans in the United States amounting to approximately $245,000,000. The amount spent by us in purchases in the United States or in maintaining the exchange with America was not less than the total of these debts.
Anglo-Persian Oil Company
asked the Chancellor of the Exchequer whether, in view of our controlling interest in the Anglo-Persian Oil Company, the Treasury exercised any supervision over the recent issue of ordinary shares at 3¾ when the market price was 4¼, and particularly in the unnecessary underwriting of that issue which resulted in a gain of at least £90,000 by the underwriters; and, if not, why the Treasury and those directors who represent the public allowed such financial loss to the company and to the public?
It should not be assumed that because the issue was oversubscribed, the cost of underwriting was a financial loss to the company and the public. Underwriting is generally regarded as a necessary measure of insurance against the risk of an unsuccessful issue, and is adopted in the case of practically every important issue of capital. The Treasury were, through the Government Director, in touch with the company. The difference between the market price of the old shares and the issue price of the new is partly accounted for by accrued dividend.
Is not the right hon. Gentleman aware that when this company issued shares about a year and a half ago they were then oversubscribed enormously. In the present case they were oversubscribed eight times 15 minutes after the subscriptions had been opened, and that, unlike ordinary companies, they did not give any preference to the existing shareholder, the British taxpayer, to get an advantage out of the demand for these shares, with the result that the underwriters pocketed £90,000?
Ireland
Income Tax (Free State)
asked the Chancellor of the Exchequer whether Income Tax on dividends and interest belonging to persons domiciled in Southern Ireland which is collected at the source in this country is being paid over to the Irish Free State; and whether he will retain such Income Tax for the benefit of the British Exchequer until the moneys due to the British Government from the Irish Free State have been paid?
The amount of the Inland Revenue duties collected in this country but attributable to the Irish Free State is being retained, and will be brought into account in the settlement of Customs and Excise duties collected in the Free State but attributable to this country.
Malicious Injuries (Compensation)
asked the Prime Minister whether any reply has been received from the Irish Provisional Government or the Free State Government in answer to the letter to them of 26th July last from the British Government inquiring how they proposed to deal with the question of compensation to Irish Southern loyalists for injury to persons and property since the Truce; whether a copy of this reply will be laid upon the Table of the House; whether any legislation has been passed by the Free State Government for paying compensation for injury to persons and property before and since the Truce; and what steps are being taken by the Free State Government to have the damage sustained by Southern Irish loyalists assessed and paid?
I have been asked to answer this question. A reply was duly received to the letter referred to by the hon. and learned Member, but inasmuch as it was confined to stating that the Provisional Government had had the question of compensation under consideration, and had appointed a Committee to advise them thereon, it did not then, nor does it now, appear necessary to lay the reply upon the Table of the House. In reply to the third and fourth parts of the question, I understand that the Irish Government has introduced a Bill on this subject which received a Second Reading on the 8th instant and went into Committee on the 20th instant.
In view of the importance of this matter to these refugees from Ireland who have been ruined, and the great delay that has occurred, is there no means by which the hon. Member can accelerate the proceedings of the Free State Government and secure something for these men, many of whom are on the verge of starvation?
I am afraid that I cannot deal with a very big question of that kind by a reply to a supplementary question.
How is it that money is available for Russian refugees, and not for Irish refugees?
Peace Treaties
Belgian Debt (German Gold Bonds)
asked the Chancellor of the Exchequer if the British Government accepted German gold bonds in settlement of the Belgian debt to 11th November, 1918; if so, what is the amount; and if the interest is paid on the bonds?
This matter is regulated by Article 232 of the Treaty of Versailles and Article 10 of the Financial Agreement of 11th March, 1922 (Command Paper No. 1616). The amount of the debt falls to be determined by the Reparation Commission and the creditor nations receive bonds drawn from the general total of the bonds delivered by Germany under the provisions of the Schedule of Payments. The bonds have not yet been distributed by the Reparation Commission.
International Labour Conventions
asked the Prime Minister whether, seeing the period provided for in Article 405 of the Treaty of Versailles during which the draft conventions and recommendations adopted by the third session of the International Labour Conference should be submitted to the competent authorities by the states members of the International Labour Organisation has expired, he will say what has been done, or will be done, on behalf of this nation in that matter?
I have been asked to reply. The texts of the draft conventions and recommendations adopted at Geneva in 1921 have been presented to Parliament as Command Paper No. 1612 of 1922. I am not yet in a position to name a day for discussion of the Government's policy respecting these draft conventions and recommendations. I would point out that under the Treaty there is an extended period, which does not expire until 19th May, 1923.
asked the Prime Minister whether he regards as binding upon the present Government the Vote of the last Parliament which authorised the then Government to refuse to accept the decision of the Washington International Labour Conference that all the countries adhering to the Versailles Treaty should adopt the eight hours' day; and whether he will be prepared to grant an early opportunity for this Parliament to reconsider the question of adhesion to the decision of the Conference?
I have been asked to reply. The late Government decided that they could not ratify the Washington Hours Convention in view of the difficulty of applying the rigid provisions relating to the limitation of the working day and to the limitation of overtime to the industries of this country, the working conditions in which were already covered in this country by voluntary agreements in respect of the majority of workers. They suggested, however, that the governing body of the International Labour Organisation should consider the advisability of reconsidering the whole question at a future conference with a view to drawing up a new Hours Convention adapted to meet the varying needs of the different industries in the respective countries. It is still the case that in almost all industrial undertakings a normal working week of 48 hours or less is in operation in this country, and I see no reason for departing from the attitude adopted by the late Government.
The right hon. Gentleman has said that the Government decided not to ratify the Convention, but does not the decision on this subject rest in the hands of the Legislature of this country?
That all depends on the question of the reference to the competent authority under Part 13 of the Peace Treaty. It has been discussed already in this House.
Does the right hon. Gentleman contend that the competent authority is not the Legislature?
The Attorney-General made a speech in this House and gave legal advice on the matter.
Is it not a fact that the limitation to 48 hours a week in industrial occupations under the Washington Convention is not applied to distributive trades, in which the period of 48 hours is extended?
It applies only to industrial undertakings, and not to the distributive trades.
France and Ruhr District
asked the Prime Minister whether he can now make a statement as to the use by the French of the railways in the British zone?
His Majesty's Government have agreed in principle to the transit across the British zone of trains conveying French troops and supplies in numbers corresponding approximately to the requirements of the French troops north of Cologne before the beginning of the movement into the Ruhr.
Supposing that the railwaymen refuse to work, or there is disorder, whose business will it be to impose order?
I think it will be time enough to face that situation if and when we come to it.
asked the Prime Minister whether, in the exercise of the powers given to it by paragraph 12 of Annex II of Part VIII of the Treaty of Versailles to interpret the provisions of that Part of the Treaty by an unanimous vote, the Reparation Commission has made any pronouncement as to the right of the French Government, under paragraph 18 of that Annex, to occupy the valley of the Ruhr?
The answer is in the negative. No application has in fact been made to the Commission by any of the Powers interested for a ruling as to the correct interpretation of paragraph 18, and I understand that even if such an application were made, the prior question would arise as to whether the powers of interpretation given to the Commission by paragraph 12 extend to matters which do not fall within the Commission's own sphere of action.
asked the Prime Minister whether the reparations received by France by means of the Ruhr occupation will be accounted for to the Reparation Commission?
I have no reason to suppose otherwise.
Has any arrangement been made by the French Government that it should be done?
I should like notice of that question.
Though the Government disapprove of the Ruhr occupation, are we to participate in the proceeds, if any?
( by Private Notice )asked the Prime Minister whether any statement can now be made on the present position of our negotiations with France on the Ruhr occupation and matters arising out of the occupation, and the relations between France and ourselves in regard to our occupied area?
No. I can make no statement further than that made in answer to a question.
German Reparation
asked the Prime Minister if he has received any com- munication from the German Government expressing its willingness to pay reparation on the scale contemplated by him at the Paris Conference, or has he received any offer from the German Government to pay any reparation whatsoever?
The answer to the first part is in the negative. With regard to the second part, an offer made in December, and rejected by the Allied Governments, will be included in the Papers to be presented to Parliament. I have received no offer since the December and January meetings. As the hon. Member is no doubt aware, Germany has made considerable reparation payments, and the point at issue has been her capacity to continue to fulfil her engagements. Germany asked for a Moratorium in November last.
Is it not a fact that, in the early part of 1921, the German Government made an offer to the Government of the United States, which was substantially the same as that now put forward by His Majesty's Government?
The hon. Member should put that question down.
Questions
House of Lords
asked the Prime Minister whether he can make any statement as to the intention of the Government to introduce legislation during the present Session of Parliament with a view to the restoration of adequate powers to the other Chamber of Parliament?
No, Sir; I am not in a position to make any statement on this subject.
Mr. Churchill's Book
asked the Prime Minister whether the indulgence granted to ex-Cabinet Ministers to publish official documents, the property of His Majesty's Government, or copies thereof, is also extended to private Members who may have access to such sources of information?
asked the Prime Minister whether, having regard to his statement that the recent revelations made by an ex-Cabinet Minister in communications to the Press, which will subsequently form the basis of a book about to be published, is a breach of the oath taken by an ex-Minister as Privy Councillor, steps will be taken to prevent such an occurrence in future?
I can add nothing to the replies which I have made to questions on this subject.
Has not the time arrived when this sort of thing ought to be cleared up once and for all?
Will the right hon. Gentleman inform the House, for the benefit of those who are in possession of Ministerial correspondence, either by testamentary disposition or otherwise, whether there are two laws on this matter—whether there is a law which applies to ex-Cabinet Ministers, and another which applies to the rest of mankind?
I think the law on this matter is fairly understood.
asked the Prime Minister whether his attention has been called to the fact that an ex-Cabinet Minister has divulged War-time secrets in a publication for which money is paid; and, if so, will he consider the advisability of instructing the Law Officers of the Crown to institute legal proceedings in future against any persons using State papers that are presumably secret documents?
The remedy proposed does not appear to be practicable.
Is it not possible, on the advice of the Law Officers of the Crown, to apply for an injunction against the publication of the book when it comes out? These are merely newspaper articles.
Is it not a fact that a civil servant was prosecuted and sent to prison for divulging State secrets in 1876, when the late Lord Salisbury was head of the Foreign Office?
I have no recollection of that.
The right hon. Gentleman should look it up.
Is the right hon. Gentleman aware of the fact that the publication of these documents has led to the defamation of very eminent soldiers and sailors, and is not that a cruel proceeding by a member of the Privy Council?
Is it not the fact that the case put forward by the hon. Member for Bow and Bromley (Mr. Lansbury) was one in which a temporarily employed clerk was prosecuted for purloining documents, and is it not the case that it has not been necessary to enforce the rule referred to in the Civil Service because civil servants have universally observed it?
rose —
The matter cannot now be debated.
Housing (Decontrol)
asked the Prime Minister whether it is the policy of His Majesty's Government that the decontrol of the highest rented houses, recommended by the Departmental Committee on the Rents Act, shall be postponed until June, 1924?
The answer is in the affirmative.
Is it the policy of the Government that, in the event of there not being sufficient houses at the date of decontrol, this House may postpone that particular date and fix a future period?
I think that we had better wait until the Bill is introduced.
Will the Prime Minister see that in future announcements on public policy on this matter are made in this House and not on an election platform?
Has the attention of the right hon. Gentleman not been called to the statement of the Minister of Health on the question which I have just put, announcing his own view on the subject, and does he not think it advisable that a definite statement should be made on this matter, having regard to the apprehensions, and anxieties of so many people?
No. I do not consider that the subject should be discussed until the Bill is introduced.
May we take it that the Minister of Health, in giving a pledge to decontrol no houses until there are sufficient houses, was not expressing the policy of the Government, but his own view?
I beg to give notice that I will raise this matter on the Adjournment of the House.
Vatican (British Mission)
asked the Prime Minister whether it is intended that the Mission to the Vatican shall be permanent; and whether it is the intention of the Government to send similar missions to the heads of the large religious bodies throughout the world?
asked the Prime Minister how long diplomatic representation of this country at the Vatican is to be continued?
His Majesty's Government have no intention of recalling the Mission to the Vatican. The answer to the second part of Question No. 55 is in the negative.
Why should preferential treatment be given to the head of one religious body rather than another?
Warrington Corporation Water Bill
asked the Prime Minister whether he is aware of the profound indignation manifested by the Welsh people at the proposal of the Warrington Corporation to appropriate the Ceiriog Valley watershed; and whether, in view of similar proposals being made by other English authorities in the future, he will consider the advisability of setting up a water board for Wales for the purpose of protecting and controlling supplies and of ensuring their utilisation to the maximum advantage of the nation, having due regard to the preservation of Welsh associations and amenities?
The Warrington proposals are contained in a Private Bill, and will come before, and be decided by, Parliament. I do not consider that at the present time there would be any advantage in the appointment of a Water Board for Wales as suggested.
Boards of Guardians (Justices of the Peace)
asked the Prime Minister whether, seeing that chairmen of boards of guardians have so many important duties devolving upon them, including certification duties, he will consider the advisability of sanctioning their appointment as justices of the peace by virtue of their holding such office in the same way as chairmen of urban councils are now appointed?
The Prime Minister has asked me to reply to this question. As I stated in reply to a similar question last Thursday, I propose to confer with the Lord Chancellor and the Minister of Health on the subject.
Prison System
asked the Prime Minister whether, seeing that the present prison system fails in the main to reform or improve persons who are imprisoned, particularly the more youthful persons, he will bring in fresh legislation for the purpose of making our prison system more humane and reformative in character?
I have been asked to reply to this question. I am not aware what alterations of the law the hon. Gentleman has in mind for reforming or improving persons undergoing imprisonment. I receive various suggestions on this subject, but I do not at present contemplate proposing any legislation on the subject.
Will the request to appoint a Royal Commission to go into the whole matter receive the consideration of the right hon. Gentleman?
I have already answered that question.
Will the right hon. Gentleman organise a proper system of probation in order to keep people out of prison?
We are doing everything we can to try further experiments, and we realise that there is a very decided movement in favour of it.
Lord Advocate
asked the Prime Minister to whom questions ordinarily dealt with by the Lord Advocate are to be addressed; and if he can now make a statement with regard to the presence of the Lord Advocate in this House?
Questions in regard to Scottish affairs should be addressed to the Under-Secretary for Scotland. In regard to the last part of the question, I am not in a position to make any statement at present.
Can the right hon. Gentleman give us an assurance that the Lord Advocate will be present in the House before the Dissolution of this Parliament?
Who will answer Scottish legal questions, if they arise in discussion?
The hon. Member will see when they arise.
In view of the fact that the Bill to be discussed to-day is rendered necessary by a decision arising out of a Scottish case, and as Scottish conditions are peculiar and exceptional, will the Prime Minister postpone discussion of the Bill until the Lord Advocate is in the House?
I could not promise that. In the Government there is a Scottish lawyer who will be prepared to take part.
If the Lord Advocate should come back to the House, will the Prime Minister see that he makes an attempt to represent a Scottish constituency?
What about the Scotsmen who represent English constituencies?
Trade Union Rules
asked the Prime Minister whether he is aware that at Cardiff and in other parts of the country unemployment is being aggravated by the restrictions as to hours and conditions of labour imposed by certain trade unions; and will he appoint a Royal Commission to inquire into the matter?
I have been asked to reply. My attention has not been drawn to any cases of the kind referred to by my hon. and gallant Friend, but, if such cases exist, I have no reason to believe that the trade unions will not co-operate in taking all proper action for the purpose of increasing employment. With regard to the position at Cardiff, I propose, with the consent of the parties, to arrange, on Tuesday next, a conference of the employers' and workers' organisations concerned with the shipping of coal from the South Wales ports.
Is the right hon. Gentleman not aware that an action is proceeding because a trade union has dismissed a man for working three-quarters of an hour overtime?
The original question related to Cardiff.
Is it not a fact that the hours of labour and the conditions prevailing in Cardiff are the result of a Board of Trade inquiry and a decision given by that body?
We cannot debate that matter now.
National Expenditure
asked the Chancellor of the Exchequer whether he will state the average daily national expenditure during the six weeks ended Saturday, 10th February last?
Daily averages of expenditure taken over short periods of time are wholly misleading. The total expenditure from week to week is given in the Exchequer Returns published every week in the "London Gazette" and in the Press.
Is the right hon. Gentleman aware that the same question was put a year ago and answered in this House?
I was not aware of that fact.
Members of Parliament (Railway Passes)
asked the Chancellor of the Exchequer whether he will consider a reduction in the salaries of Members with a view to issuing free railway passes to Members to their constituencies and so equalise the present anomaly by which the cost of attending Parliament falls more heavily upon Members from distant constituencies?
I would refer the hon. Member to the reply given by the Prime Minister to the hon. Member for Edinburgh East on the 11th December last.
Would the right hon. Gentleman say whether the payment of Members is for services rendered or for expenses incurred, and, if for expenses incurred, why is it not more evenly distributed?
Motor Car Taxation
asked the Chancellor of the Exchequer if, in view of the excessive tax on some of the cheaper motor cars and the difficulty motor agents are experiencing in disposing of high-powered second-hand motor cars, he will favourably consider a revision of the tax to make the burden more equitable?
I have been asked to reply. The Departmental Committee on the Taxation and Regulation of Road Vehicles is now engaged in reviewing the present system of taxation of motor vehicles, and is hearing evidence in public from the objectors to that system, and I must await the Report of the Committee.
Can any hon. Member say why anyone should want a high-powered motor car?
I should have thought the Noble Lord was in a position to answer that question better himself.
Government Printing Works, Harrow
asked the Chancellor of the Exchequer if he is aware that the House of Lords Debates for this Session are being printed at the State Printing Works at Harrow; and will he say whether this decision was arrived at without any opportunity being given to the trade to quote competitive prices?
The House of Lords Debates for this Session are being printed at the State Printing Works at Hare Street, Bethnal Green; the answer to the second part of the question is in the affirmative, but this is not to say that no information was available as to the rates being charged or offered by outside firms for work of this kind.
asked the Chancellor of the Exchequer if the printing of County Court documents is shortly to be transferred from printing offices in various parts of the country to the State Printing Works at Harrow; whether an opportunity was given to the present, or any other, printers to quote for the new forms that are to be introduced; and, if no competitive prices were invited, is there any guarantee that the State Printing Works will produce the forms as cheaply as other printers?
The answer to the first part of the question is in the affirmative; the answer to the second part of the question is in the negative; the Stationery Office is in possession of the prices paid under contract for forms similar to the new County Court forms, and, judged by this standard, the State Printing Works will produce the County Court forms at least as cheaply as they would be obtained under contract from the printing trade.
Has the Chancellor of the Exchequer taken into consideration the fact that all printing offices have, since 1st January, reduced their prices by 2¾ per cent.?
All relevant matters have been taken into consideration.
Sudan Loan Guarantee
asked the Chancellor of the Exchequer if he will make available for inspection by Members of this House the terms and conditions upon which the Treasury guaranteed, during the War, the sum of £6,000,000 in connection with the Makwar dam scheme on the river Nile; and if his attention has been called to the Report made to the Sudan Government by a British engineer consulted by them, that the construction at Makwar, upon which over £5,000,000 of the British guarantee had already been spent, should be closed down and the contract terminated?
I would refer the hon. Member to the Government of Sudan Loan Acts of 1919 and 1922 and to the Treasury Minutes of the 17th November, 1919, and the 10th March, 1921, laid there-under, of which I am sending him copies. The particular contract to which the hon. Member refers was terminated as recommended by the expert report, and a fresh contract has since been placed for completing the dam.
Why is it that a question which was on the Blue Paper yesterday to be answered to-day is not on the White Paper to-day? It dealt with the same subject.
That is a question for me, but I confess that I cannot answer it. If the hon. Member will see me, I will look into it.
Old Age Pensions
asked the Chancellor of the Exchequer whether he is aware that widespread dissatisfaction exists insomuch as many persons are debarred, by reason of their lifelong thrift and self-sacrifice, from the enjoyment of old age pensions; and whether legislation will speedily be introduced to amend the Old Age Pensions Act so as to prevent this anomaly of penalising the careful?
I can add nothing to the statement I made last night on this subject.
asked the Chancellor of the Exchequer whether his information is that, by a simplification of the machinery of applications for and appeals relating to old age pensions, such saving could be effected as would provide, without additional taxation, old age pensions for those at present debarred by reason of their incomes exceeding the statutory limit; and whether an effort will be made to ensure that a larger proportion of public money finds its way to the needy aged by a strictly economical administration of the Acts or, alternatively, by legislative amendment of the Acts?
The answer to the first part is in the negative. I cannot hold out any hope that the cost of administration can be reduced; and as stated last night, I am unable to amend the Act.
Imperial Tobacco Company
asked the Chancellor of the Exchequer whether his attention has been directed to the profits of the Imperial Tobacco Company; and whether he is prepared to introduce legislation to secure for State use a portion of such and similar profits?
The profits of all industrial concerns in this country are liable to the taxation imposed on them by Parliament. If the hon. Member is to be understood as suggesting that a special Sur-tax should be placed on company profits of a large amount, that is a matter for argument and could be raised in the forthcoming Budget Debates.
Having regard to the fact stated in the report of the company's meeting the other day, that the profits are largely due to the imposition of exorbitant charges on consumers, will the right hon. Gentleman take steps to relieve the burden on the consumers of tobacco?
Is it not a fact that in every country where tobacco is a State monopoly one buys extremely bad tobacco?
Bradley Disposal Works, York
asked the Chancellor of the Exchequer what number of persons are employed at the Bradley, Yorks, disposal works, the number of hours they are employed per day, the number of days per week, and the weekly wage each person receives?
There are 25 persons employed at the Depot in question. With the exception of watchmen, who work 51½ hours per week and are engaged for 6 days per week, the staff work normally 8½ hours per day Monday to Friday, and 4½ hours on Saturday. The foreman in charge is paid £4 5s. per week. Another foreman is paid £3 15s. per week. A craneman, a charge hand, and pump attendant are each paid 1s. 0½d. per hour. Two watchmen are each paid £2 5s. per week, and the 18 labourers are each paid 11½d. per hour.
British Museum
asked the Chancellor of the Exchequer whether he is aware that an appointment has recently been made at the British Museum to the post of assistant in the Geology Department; whether, in view of the fact that the successful candidate did not serve in the War owing to youth and that both the other candidates were men with service overseas, of wider experience, and holding University qualifications of greater merit, he will say why the selection was made; and whether his Department adheres to the principle of giving preference to men who have fought overseas?
I understand that the appointment in question was made by the principal trustees on the recommendation of the Selection Board, on which the Civil Service Commissioners were represented. After the most careful consideration, in which due weight was given to the claims of the ex-service candidates, the Selection Board were of opinion that the candidate recommended was the one most likely efficiently to discharge the duties of the post, for which very special qualifications are required. The answer to the last part of the question is in the affirmative.
Post Office Savings Bank
asked the Chancellor of the Exchequer whether it is now proposed, under draft Order in terms of the Savings Bank Act, 1920, to impose a limit of £500 on deposits in ordinary account; what are the reasons for this step at the present time; and whether trustee and other savings banks have been consulted in the matter?
The Order imposes a limit of £500 not on the total amount which a depositor may hold on an ordinary account, but on the amount which he may each year place to his account. The object is to prevent the use of the savings bank facilities by depositors such as large firms for whose benefit they were not intended when instituted by the savings bank legislation. The pre-War limit was £50; and while during the War there was no limit, it would not be consistent with sound finance permanently to receive deposits of unlimited extent on savings bank terms.
Will the right hon. Gentleman say whether, before this Order was imposed, the savings banks were consulted on the point?
No; it is a matter entirely for the Treasury.
Does not the Treasury obtain the use of money from trustee savings banks at a much cheaper rate than by borrowing in the ordinary way?
I would like to have notice of that question.
Death Duties (Surrender of Government Securities)
asked the Chancellor of the Exchequer what is the amount included in this year's Budget under the heading, Interest, etc., on the War Debt, to meet the deficiency in that part of the receipts from estate duties which has been satisfied by the surrender of Government securities; whether he anticipates that the whole amount reserved will be required; and, if not, what saving he expects on this account?
The amount required for securities tendered in payment of Death Duties and Excess Profits Duty in 1922–23 was estimated at not more than ten to fifteen million pounds. This sum was not, however, provided in the Budget, but was left to be met out of borrowed moneys. The second and third parts of the question do not therefore arise.
War Loans (Interest)
asked the Chancellor of the Exchequer whether any part of the sum of £16,724,826 10s. 1d. paid in respect of interest on Other Debt under the War Loan Acts, 1914 to 1919, was on account of interest on the debt owing to the United States of America; if any part of it was used for the redemption of other debt; and if he will state in detail how this sum was expended?
I am circulating the details of this figure in the OFFICIAL REPORT. The whole is in respect of interest.
Following are the details promised:
Details of an amount of £16,724,286 10s. 1d. issued from the Exchequer in the year 1921–1922 in respect of interest on other Debt created under the War Loan Acts, 1914–1919.
£ s. d. United States of America: Government Loan 3,671,548 5 10 5½ per cent. Twenty Year Bonds, 1937 2,021,407 4 8 5½ per cent. Five Year Notes, 1921 1,350,852 10 0 5½ per cent. Three Year Notes, 1922, and 5½ per cent. Ten Year Bonds, 1929 2,934,512 18 0 Dollar Treasury Bills 135,824 6 0 Canadian Government Loan 2,602,874 9 4 Loans from Allied Governments 3,185,071 0 4 Straits Settlements 5¼ per cent. Loan, 1928 and 5 per cent. Loan, 1929 478,802 10 0 Mauritius 6 per cent. Loan, 1922 32,096 0 7 6 per cent. Central Argentine Railway Company, 1927 230,366 1 5 5 per cent. Exchequer Bonds, 1922 (Japanese Ships) 41,400 0 0 6 per cent. Three Year Swedish Notes, 1921 30,210 0 5 Fiji 6 per cent. War Loan, 1920 446 9 8 Argentine 5 per cent. Government Loan, 1921 8,874 13 10 £16,724,286 10 1
Slough Trading Company
asked the Chancellor of the Exchequer the total sum of money still outstanding from the Slough Trading Company or their subsidiaries; and whether he can give the date by which the amount will be paid in full?
As the answer is a long one, I propose to circulate it in the OFFICIAL REPORT.
Can the right hon. Gentleman state the amount which is still owing? That is what I want to know.
Four instalments of £470,000, with accrued interest, which to date amounts to approximately £370,000 are outstanding. I would add, however, that the conveyance of the depot property has not yet been made to the company.
Is the Government still handing over equipment?
The hon. and gallant Member had better see this long answer first.
Following is the answer:
Under the Agreement with the Slough Trading Company the purchase price of the Slough Depot (£3,350,000) was payable as follows:—
£100,000 on signing the Agreement.
£400,000 on 9th July, 1920.
£500,000 on 9th October, 1920.
TThe balance (£2,350,000) was payable by five equal annual instalments, the first of which became due on the 31st December, 1921, and the remainder on the 31st December in each succeeding year. The sum of £1,000,000, payable in 1920, has been paid, and also the instalment due 31st December, 1921. The remaining four instalments of £470,000, with accrued interest, which to date amounts to approximately £370,000, are outstanding. I would add, however, that the conveyance of the depot property has not yet been made to the company.
The sum payable by the company in respect of mechanical transport and spares was £3,650,000, and that amount has been received. An additional amount due under a profit-sharing clause on the sale of mechanical transport (at present approximately £60,000) remains for payment.
The company have made certain counter-claims against the Government in respect of sales of mechanical transport by Government Departments, etc.
Negotiations are in progress with the company regarding the aforementioned payments and claims.
No sums are due to the Government from the subsidiaries of the Slough Trading Company in respect of the contract.
Government Departments
Women Clerks
asked the Financial Secretary to the Treasury what steps are being taken to regularise the position of the ex-first-class women clerks who were provisionally assimilated to, and who have remained on, the lower clerical grade, but who are still performing supervisory duties in contravention of the terms of the Re-organisation Report?
The re-organisation schemes for the Departments concerned include the provision of higher-grade posts sufficient in number to cover the amount of supervisory work formerly performed by first-class clerks and appropriately assignable under the terms of the Re-organisation Report to higher-grade officers. These schemes have been under discussion with the staff representatives, and some of them have not yet been carried out. It is hoped, however, that it will be possible to bring the outstanding schemes into operation very shortly. The claims of individuals to the higher posts created under the schemes are considered on their merits.
Seniority Lists
asked the Financial Secretary to the Treasury when it is proposed to institute common seniority lists for men and women; and what opportunities will be given to the various grades of men and women concerned to discuss the most equitable means of compiling such a list?
A Committee has been appointed to examine and report on the application of the general principle of common seniority lists for men and women to the classes included in the Report of the Reorganisation Committee of the National Whitley Council for the Civil Service. This Committee includes representatives of the various grades of men and women concerned.
Agriculture
Prices and Transport
asked the Minister of Agriculture whether his attention has been called to the sale of 3¼ tons of carrots in retail shops for £121, that brought to the farmer who grew them 6s. 8d.; and whether he will inquire from Government authorities, in countries where State railways exist, what provision is made for the cheap and rapid transport of agricultural products?
I have not previously heard of the circumstances referred to, but I would remind the hon. Member that, after consultation with my Noble Friend the Secretary for Scotland, I recently appointed a Committee "to inquire into the methods and costs of selling and distributing agricultural, horticultural and dairy produce, and to consider whether, and, if so, by what means, the disparity between the price received by the producer and that paid by the consumer can be diminished." That Committee will no doubt investigate the question of the cost of railway transport, and until the Report of the Committee is received I do not think it would be desirable to take any action such as is suggested by the hon. Member.
When may we expect the Report?
I am afraid I cannot say definitely.
Credit Facilities
asked the Minister of Agriculture whether he is now in a position to indicate the method whereby it is proposed to grant credit facilities to farmers, particularly in view of the very grave urgency of the present position and the uncertainty existing in the minds of the agricultural community?
Legislation to enable credit facilities to be granted to farmers is now in course of preparation, but I am unable at this stage to indicate the method proposed.
Sheep Scab
asked the Minister of Agriculture whether he is aware that in the counties of Roxburgh and Selkirk, where sheep scab is practically unknown and where a very large business is done with England in lambs and draft ewes, double dipping orders are made against Scotland as a whole by most county local authorities in England, and that these orders severely militate against the purchase by English dealers of such lambs and ewes from the counties of Roxburgh and Selkirk; that all sheep in the said counties are carefully dipped twice a year, and are redipped before sale; that double dipping following a long railway journey is always injurious and frequently fatal; and whether he will give instructions to the said English local authorities to follow the method in existence between the separate counties of England, by differentiating in their orders between the counties of Roxburgh and Selkirk and such areas where sheep scab does exist?
The Ministry is aware that 30 local authorities in England and Wales have passed regulations requiring the double dipping of sheep from Scotland when they arrive in their districts. The Ministry has advised local authorities to confine the application of such regulations to sheep from infected counties, but discrimination is rendered difficult owing to the practice adopted by Scottish sheep traders of exposing sheep from infected Highland counties in Lowland markets for distribution in England. So long as local authorities possess powers to make regulations for the protection of their own flocks from infection, the Ministry does not see its way to interfere with their discretion.
Will the right hon. Gentleman consider the question of having a universal Sheep Scab Order, as great inconvenience is caused by these different orders?
I believe that matter is under consideration now.
Business of the House
Will the Prime Minister inform the House as to the business for next week?
It will be necessary to make substantial progress during the coming week with all the Supplementary Estimates, and I trust that we shall be able to get the Committee stages of all these Estimates, together with many of the Report stages. We shall take Supplementary Estimates on every day of next week and, as there are certain Estimates with which particular interest is taken, I shall put those down first Order. It is intended therefore to take
On Monday: Supplementary Estimates dealing with Diplomatic and Consular Services followed by Miscellaneous War Services and, if time permits, minor Supplementary Estimates.
Tuesday: The first Order of the Day will be the Motion standing on the Paper in the name of the hon. and gallant Member for Newcastle-under-Lyme (Colonel Wedgwood) in reference to the Indian States (Protection against Disaffection) Act, 1922; followed by minor Supplementary Estimates.
Wednesday: We shall take further minor Supplementary Estimates in the order in which they stand on the Paper.
Thursday: We shall take the Middle Eastern Services Supplementary Estimate, followed by the remaining Estimates not already passed in Committee.
Is it the intention of the Government to take the Second Reading of the Rent Restrictions (Notices of Increase) Bill to-night, in view of the very important subjects, both as to principle and detail, which it contains?
Yes. We certainly hope to get it to-night. The subjects of difficulty are very limited.
Is it intended to suspend the Eleven o'Clock Rule next week?
I sincerely hope that will not be necessary. We shall see what we can do.
Ordered,
"That the proceedings on the Rent Restrictions (Notices of Increase) Bill have precedence this day of the business of Supply."—[ The Prime Minister. ]
Selection (Chairmen's Panel)
Sir SAMUEL ROBERTS reported from the Committee of Selection: That they had selected the following Twelve Members to be the Chairmen's Panel, and to serve as Chairmen of the Six Standing Committees appointed under Standing Order No. 47: Major Barnett, Sir Cyril Cobb, Mr. Gilbert, Mr. Hodge, Sir Neville Jodrell, Mr. William Nicholson, Mr. T. P. O'Connor, Mr. Ponsonby, Mr. Charles Roberts, Sir Samuel Roberts, Mr. James Henry Thomas, and Mr. Turton.
Report to lie upon the Table.
Selection (Standing Committees)
Standing Committee A
Sir SAMUEL ROBERTS reported from the Committee of Selection: That they had nominated the following Members to serve on Standing Committee A: Mr. Bruford, Sir Rowland Blades, Mr. Buckle, Lord Henry Cavendish-Bentinck, Major Cope, Lieut.-Colonel Croft, Mr. Alfred Thomas Davies, Mr. Rhys Davies, Mr. Gratton Doyle, Mr. Edwards, Captain Erskine-Bolst, Captain Ernest Evans, Mr. Fermor-Hesketh, Mr. Fildes, Mr. Foot, Mr. Ford, Mr. Gardiner, Mr. Duncan Graham, Mr. Frank Gray, Mr. Groves, Mr. Grundy, Mr. Guthrie, Mr. Halstead, Major Sir George Hamilton, Mr. Hannon, Mr. Harbord, Mr. Harrison, Mr. Hill, Colonel Sir Arthur Holbrook, Sir Joseph Hood, Lieut.-General Sir Aylmer Hunter-Weston, Mr. John Jones, Mr. Jowett, Mr. Lamb, Mr. McEntee, Mr. Millar, Mr. Milne, Sir William Lane Mitchell, Major Molson, Lieut.-Colonel Watts-Morgan, Sir Robert Newman, Major Guy Paget, Mr. Pennefather, Colonel Perkins, Mr. Pringle, Mr. Privett, Sir William Raeburn, Mr. Samuel Roberts, Mr. Annesley Somerville, Mr. Gershom Stewart, Mr. James Stewart, Mr. Sturrock, Sir Wilfrid Sugden, Mr. Sullivan, Major-General Sir Frederick Sykes, Mr. Trevelyan Thomson, Lieut.-Colonel Lambert Ward, Mr. Wheatley, and Mr. Wise.
Report to lie upon the Table.
Orders of the Day
Rent Restrictions (Notices of Increase) Bill
Order for Second Reading read.
I beg to move, "That the Bill be now read a Second time."
In rising to move the Second Reading of this Bill, I have thought that perhaps the way in which I could best assist the House to come to a just conclusion upon its merits would be, first of all, to sketch, quite briefly, the history of events which have led up to the difficulties with which this Bill seeks to deal, then to indicate in broad outline the remedy which we suggest, which is embodied in the Bill, and then to deal, so far as I can by way of anticipation, with such objections as I have heard or seen raised to the Measure which we propose. I am anxious to begin by explaining the history of events, because it is important that the House should realise that the Government, in bringing forward this Bill, is not seeking to deal with its main policy with regard to housing. This Bill is designed, and designed only, to meet a difficulty created by the explanation which has been given, in a recent judicial decision, of a particular Section of an Act of Parliament passed nearly three years ago.
The House will remember that the policy of the Rent Restriction Acts commenced as long ago as December, 1915. At that time the War had been going on for some sixteen months, the shortage of houses, which already existed before the War commenced, had become accentuated by reason of the practical diversion of building into War work, and Parliament recognised that it was necessary to take some steps to meet the risk that undoubtedly existed, that the maintenance of the demand, without any increase of the supply, might lead to an undue raising of rents. The method which was adopted, as the House knows so well, was to enact that no rents of the cheapest class of house should be raised beyond the level at which they stood when the War broke out, on the 4th August, 1914, and that any excess beyond that rent should be irrecoverable. The House will remember that the Bill was retrospective, first of all, in that it went back to pre-War rents and invalidated increases since that date, and, secondly—what was strictly retrospective—it enacted that as from 25th November, 1915, which was the date when the measures intended by the Government were first made public, any increases which were due in respect of that period, from the 25th November down to the passing of the Act, should not be recoverable, although the tenant had agreed to pay them.
The next step in the history was in the year 1917. The House will realise that under the first Act, although increases of rent were made irrecoverable, there was nothing which enabled a tenant who chose to pay those increases to recover the amounts so paid from the landlord. Any of my learned friends in this House will realise that such a payment, being either a voluntary payment or a payment in mistake of law, was not recoverable by action, and in 1917, when the Courts (Emergency Powers) Bill was before this House, there was inserted in Committee, at the instance, to some extent at any rate, of the Labour party, a provision that sums which had been paid in excess of the amounts authorised by the 1915 Act, whether they had been paid before or after the passing of the 1917 Act, should be recoverable by the tenants, within a time limit of, I think, six months. That Bill went to be discussed in another place, and there an Amendment was introduced by which that Clause was not to be retrospective; that is to say, for the future any amount overpaid could be recovered, but any amount which had been voluntarily paid before the passing of the Bill would not be recoverable. When the Amendments so introduced came back to the House of Commons, the Government supported the Amendments, but there was a vigorous protest from the Labour party, in which, I observe, the right hon. Member the Leader of the Opposition took part, and in consequence of that protest the Amendments were disagreed with and the retrospective character of the Measure was insisted upon, limited to six months before the passing of the Act.
4.0 P.M.
In 1919 there was another enactment, under which the kind of house which came within the purview of the Act was slightly altered, the rental limits being raised, and under which also the landlord was permitted to recover an increased rent up to 10 per cent. beyond the pre-War level. In 1920 there came the last of the Acts of Parliament with which I need trouble the House, namely, the Rent Restrictions Act, 1920, and it is out of one of the provisions of that Act that the mischief with which we are seeking to deal took its rise. By that Act of 1920, various alterations were made. First of all, the class of house which came within the Rent Restrictions Acts was again altered, bringing in a higher class of house than was before included; secondly, the date at which the Act would expire was postponed, so as to give a longer time for rent restriction; and, thirdly, an alteration was made in favour of the landlords, the previous two being, of course, in favour of the tenants. The House will remember that in the summer of 1920, the cost of repairs, which the landlord had to bear, had enormously increased since pre-War days, the rates, which the landlord had to pay, had also risen to a very great and alarming extent, and the value of money, whether measured in gold or in wages or in commodities, had largely decreased. Accordingly, Parliament thought that, where it was interfering to compel the landlord to retain a tenant who had been there in pre-War days or who had been admitted during the War, it was not fair to compel the landlord to accept no more rent than he was getting for those premises in pre-War days, because the expense of upkeep, the rates which he had to pay, and all his expenditure had enormously risen. There were accordingly provisions included whereby the landlord was entitled to an increased rent, speaking broadly, of 40 per cent. above the pre-War level; but, when Parliament enacted that that should be included, it was of course necessary, first of all, to ensure that the tenant should have notice from the landlord that he proposed to make the increase, so that he might have the option whether he would stay under the increased rent or leave, and provision had to be made that the landlord should give notice—in ordinary cases four weeks' notice—telling the tenant of the increase which it was proposed to demand, and setting out in detail the figures showing how that increase was arrived at, and there was scheduled to the Act of Parliament a Form of Notice of Increase which the landlord had to follow.
There was another matter which Parliament had to safeguard. The object of the permission to make this increase was, of course, to give it in cases where it was owing to the action of Parliament that the landlord was compelled to keep his tenant, and where, but for that action of Parliament, he would have been free, if he wished, to get rid of his tenant or to make an altered bargain. It would not have been in accordance with the scheme of the Act if landlords had been permitted to demand that increased rent where the tenant was there, not by reason of anything that Parliament had done, but by reason of some contract with the landlord. It would not have been right, for instance, if the landlord had let premises for a term of years to say that, from July, 1920, he should get a higher rent than he had contracted to receive, because he had chosen to agree that he would receive that rent and no more, and it was not owing to the action of Parliament, or for any reason of public interest, but only by reason of his private contract, that he was getting the rent that he did. That had to be provided by appropriate words, and it is the language which was used to produce that result which has, in fact, resulted in all the trouble with which we are now seeking to deal. I am not going to trouble the House very much in the way of Acts of Parliament or in the way of law, because it is not from the point of view of law, but from the point of view of fair play and justice that I am seeking to approach this question.
Will the right hon. and learned Gentleman explain the alteration in the rating system in Scotland? I do not want him to miss the point. Can the owners put the increased rates on to the tenants?
I know the point, and I am not quite sure that the hon. Member appreciates what the effect of it was. I can tell the House quite shortly. The effect of it was this. Whereas in England the landlord was enabled to get on an average an increase of about 40 per cent., which was what Parliament intended him to have, in Scotland, owing to a provision in the Act, which only allowed him to get that increase of rates which had been made before Whitsuntide, 1920, the unfortunate Scottish landlord, in fact, only got about 20 per cent. But the point is not really the point with which we are dealing today. My hon. Friend, I think, will realise, if he will have the patience—and I am sure it requires patience—to listen to what is necessarily rather a long story, and the House will realise that the point to which he is referring really does not arise at all. I was saying that there were only a few words in the Act of Parliament with which it is necessary for me to trouble the House. They are the words by which Parliament attempted to bring about the result which I have indicated, namely, to ensure that it was only in cases where it was the Act of Parliament which prevented the landlords from making a change that the landlord should be entitled to get the 40 per cent. which the Act was giving. Section 3 of the Act of Parliament said: would have had to give a week's notice in order to obtain possession, it would not be true to say of him that but for this Act he would be entitled to obtain possession unless he had first given the week's notice.
That was a result which I think it is no exaggeration to say nobody who was a party to the passage of this Act of Parliament ever contemplated. [HON. MEMBERS: "Question!"] I hear somebody call out "Question." Of course, I cannot produce statements of the 700 Members who voted, but I have some little evidence upon it. First of all, I have looked at the Debates during the passing of the Bill, and I have been unable to find at any stage or in any discussion upon the Bill any suggestion by anybody that a notice to quit was necessary or desirable. Secondly, we have the fact that when the Act was made law the Ministry of Health issued a leaflet or manual describing its provisions. That manual explained the necessity for giving notice of increase in the form for which the Act provided, but again there was not a syllable in the manual, so far as I have been able to discover, to suggest the necessity of a notice to quit. There were three hon. Members of this House who were mainly responsible for the introduction and passage of the Bill into law. The first was the then Minister of Health (Dr. Addison), and I have on record Dr. Addison's view, because on the 2nd January, 1923, he wrote: which is the decision which has given rise to the difficulty—
Can the right hon. and learned Gentleman give us the point of view of the draftsmen?
I could, but it would not, as lawyers say, be evidence.
It might be interesting to ascertain.
I have ascertained, if the House be interested, and the draftsman informs me that he thinks the decision of the House of Lords is quite wrong. He certainly had no intention of producing such a result. That was the Act in July, 1920, and, as I have said, there are very few who had any idea that the result which we now know to have been produced had in fact been effected. The House will realise that, as is pointed out, I think, in the letter of Dr. Addison, the effect of giving a notice to quit as a preliminary to giving a notice of increase would be directly opposed to what the Act was intended to secure. The object of the Act was to leave the tenants where they were and to give them security that they were to stay there. The worst way of doing that would be to begin by serving on every tenant a notice to quit in seven days. Even in English phraseology it would be bad enough, but if you had to give it with all the forms of the Scottish phraseology, which we South of the Tweed can hardly understand, it would be still worse.
I have said that very few realised what was the effect of the Act. There were, however, one or two ingenious gentlemen to whom it occurred that, perhaps, this result might have been effected. One of them had the courage of his opinion, and in Scotland refused to pay the increased rent on the ground that he had not been served with a notice to quit, and he was sued in Scotland for the increase of rent which he was refusing to pay. The action came before the Sheriff. It was transferred from the Small Debt Court in Scotland to the Sheriff Court Roll, in order that there might be the opportunity of taking the case higher, and of having an appellate decision, and the decision of the Sheriff was that no notice to quit was required. The defendant in that action, I believe, is now a Member of this House and represents Linlithgow. No appeal was lodged. I will ask, if I may, for a Scots' lawyer to deal with the point, because I am not a Scots' lawyer, but I am informed that where an action is transferred, as it was in this case, to the Sheriff Court Roll, the effect and object of such a transfer is to enable an appeal to be taken. Of course, there is an appeal under the Act, because Kerr v. Bryde is an instance. [An HON. MEMBER: "Yes, by mutual consent!"] The result of that is that if anyone had had any doubt as to the validity of notice to increase within the terms of the Act without a preliminary notice to quit, those doubts were set at rest by the judicial decision to which I have just referred.
Time went on. In 1921, there were two cases in England, in one of which a Divisional Court decided that where a man stayed on after the expiry of the term of years, no notice to quit was necessary, the other of which decided that where there was a weekly tenancy, a notice to quit was necessary. Accordingly, the case was taken to the Court of Appeal in England, and in February of last year the Court of Appeal in England decided that a notice to quit was necessary in the case of weekly tenancies. The decision was given by the Lords Justices with considerable reluctance, and I observe, in giving it, they used such expressions as this, that it was a perfectly useless and idle formality, and that they struggled against giving what they regarded as an irrational interpretation of the Act of Parliament. When that decision was made known, another action to test the question was started in Scotland—the action of Kerr v. Bryde—and that case went up to the House of Lords, where it was heard in June last year. It was heard before five Law Lords. There was a difference of opinion, and they reserved their judgment. The judgment was ultimately given on the 3rd November last year, and was a decision by three to two in favour of the view that a notice to quit was necessary, and that without notice to quit the notice to increase could not be given. The three who decided in favour of that view were Lord Sumner, Lord Atkinson, and Lord Carson. [HON. MEMBERS: "Hear, hear!"] I am very glad to hear the applause opposite. The two who dissented were Lord Dunedin and, Lord Wrenbury. I am not in any way seeking to dispute the correctness of the decision, but I am mentioning the fact because the House will appreciate that the point was one of great obscurity and great doubt, and one on which the greatest lawyers came to opposite conclusions.
That decision was given on the 3rd November, 1922, and it created a very grave situation, because the House will realise that not only did it involve that the increased rents could not be validly demanded for the future—which would have been a comparatively unimportant thing, as it could be put right by giving fresh notice to quit and a fresh notice to increase—but it involved also certainly that the amount which had been paid in respect of the increase of rent could be recovered by the tenants from the landlords for a period of something like 2½ years. The actual amount involved, it is impossible to ascertain with any accuracy, but, so far as I have been able to ascertain, it is suggested that something like £2,500,000 is involved in Glasgow alone. How much is involved in England one cannot tell, because the great bulk of the English tenants recognised that the thing was a pure technicality—as, indeed, of course, it is—and they have voluntarily gone on treating the payments as perfectly valid, and have made no effort, at present at any rate, to get them returned. Even in Scotland, nine-tenths of the tenants took the same view, and I think it is at least probable that a good many more would have rested content and followed that good example, but there were some people who did their best to stir them up.
I noticed that the decision of the House of Lords synchronised with a great political disturbance in the country—nothing less than a General Election. [An HON. MEMBER: "The decision was kept back."] That is an accusation in favour of the desire of the House of Lords to assist the Socialists, which I should not have expected. The fact is that the hon. Member does not understand that when there is a difference of opinion in the House of Lords, as there was in this case, there is always time taken to consider the decision, because each Law Lord has to consider the opinion of his colleagues, and revise his own view after discussing theirs. Therefore time is always taken to pronounce a decision. [An HON. MEMBER: "But not three months."] Yes, when the Long Vacation intervenes, three months is a very short time. As I say, the decision, fortunately for the Labour party in some parts of the country, synchronised with the General Election, and immediately after the decision had been published, a circular was sent out and broadcast through Glasgow by an association which calls itself the Scottish Labour Housing Association, which some hon. Members know more about than I do—but I know quite enough. That association sent out a manifesto informing the tenants, as they were perfectly entitled to do, of the decision of the House of Lords. The circular said:
You would get a fee for it.
I must ask the hon. Member not to continue to interrupt.
The circular did not stop there. It went on to say: heroes?"] That, I think, indicates the nature of the problem with which the House is confronted, and the gravity of it, because if the statement be correct it applies—I think it is exaggerated, but still it is partly right—it applies, at any rate, to a great number of tenants in Scotland, and a certain number also in England, and enables them—[An HON. MEMBER: "To take advantage of the law!"]—to have returned to them some 12 months' rent and rates combined which they can deduct from future rents.
It is obvious that unless something is done, a very great crisis is going to be brought about, because the House will remember that the landlord who gets rent does not put it all into his pocket. The landlord has to pay the repairs. [An HON. MEMBER: "He does not do it!"] I will deal with that in a moment, when I come to the details of our Bill. The House will find it is not overlooked. The landlord has to do repairs, pay the rates, and, of course, the rates have been increased, very largely owing to the supposed increased value of the premises, and the landlord in Scotland, with a cheaper class of house, has to pay, not only the owner's rates, but also the occupier's rates, that is to say, the rates for which the tenant is ultimately liable. The landlord also, of course, has to pay the increased mortgage interest, which was permitted under the 1920 Act, for which no notice to quit was necessary The House will remember that it is an entire mistake to suppose that the landlords of all these working-class houses are rich people. This Act of Parliament applies not only to the large holdings; it applies just as much to the small sub-tenancies, and it is possibly more often in the case of the small sub-tenancies than in the case of the larger holdings that the notice to quit was omitted. Therefore the problem is a serious one, and one which must be dealt with in some way.
That brings me to the next point: What is the solution which the Government proposes, and which is contained in this Bill? The solution in effect is this—I am stating it, as hon. Members will understand, only in the broadest outline—the solution is, that we take as the crucial date 1st December. 1922—I will give the reason for that date in one moment. Any amounts which have been paid before 1st December, 1922, which the landlord has, he may keep. Any arrears which on 1st December, 1922, the landlord had not collected in respect of these increased rents, he cannot recover. Any arrears which have been kept back from the landlord from 1st December, 1922, either in respect of increased rents due after that date, or in respect of increases paid by the tenant before that date, the landlord can recover.
I am anxious to make those positions clear, because it is quite plain from the letters I have received from various parts of the country that the full effect of the Bill is not entirely appreciated. It is obviously not a very easy matter to make legal language clear, and I am anxious that the House should appreciate what it is we propose to do. We are proposing to legislate in this way that there shall be a clean cut at 1st December, 1922, and the amounts paid before that date shall remain paid and shall not be got back; the amounts unpaid before that date cannot be got back after. I said I would explain why that date was taken, and the reason is a simple one. Almost immediately after the House met last Session a question was asked of the Prime Minister in regard to this decision of the House of Lords and in regard to the action which the Government proposed to take about it. The Prime Minister, in reply to that question on 30th November, said that he had set up a Cabinet Committee to consider the subject. He went on to say: interested in the subject knew quite well that the Labour party had been quite right when they assured their would-be constituents that the Government would legislate to right this wrong, and that the legislation that was going to be enacted would be legislation which would be retrospective, at any rate, back to 1st December. That indicates in broad outline the nature of our proposals. There are just two or three minor points which I want to explain in order to complete the scheme of the Bill. First of all there may be a few cases—so far as we can ascertain there must be very few—in which a judgment has been given at some date between 1st December and the date when this Bill was introduced, 15th February.
It is very important to understand really what the proposal is, apart from the legal language employed. Do I understand that the proposal is this? If there are two tenants, neither of whom have, as it turns out, been given the technically necessary notice to quit, that the tenant who has gone on strike and refused to pay his rent will, by this Bill, not to be required to pay it; and that the tenant who thought it was right to pay his rent, notwithstanding the technicality, will, never be able to get it back?
My right hon. and learned Friend is very nearly right, but not quite. The effect of the Bill is this: that any payments made by the tenant who has thought it right to pay up to the 1st December he cannot get back. [An HON. MEMBER: "Under the present law he can."] An hon. Member interposes that under the present law he can. That is the very difficulty which this Bill is designed to meet. If you were not going to deal with that difficulty it would be no use bringing in the Bill. Now I turn to my right hon. and learned Friend who says: a man who has not paid would not be made to pay. That is only true up to the 1st December. From the 1st December up to the date that this Bill becomes law—it is 12 weeks now, and I do not know how much longer it will be before we get this Bill, but I hope quite soon—at any rate, he will have to pay the whole amount which he has seen fit to deduct, and the reason we make him pay those amounts from the 1st December last is that he has had express notice that if he went on refusing it it was at his own risk. [An HON. MEMBER: "That is altering the law."] If we were not engaged here in altering laws there would be no need to come to Parliament.
I said when my right hon. and learned Friend interrupted that there were two or three minor points with which I desired to deal. First of all, there was the small point which I indicated of the case where judgment had been obtained—which I do not think a very big one—but in accordance with what I think is the usual practice of this House one does not legislate to upset an actual judgment. Where there has been a judgment, the judgment stands. Secondly, although it is true that the tenant who has not paid since 1st December will have to pay up the arrears, and although it is true that it is at his own risk that he has chosen not to pay—because he had express warning of this Bill—although those facts are true—yet it is obvious that in most cases suddenly to demand 12 weeks as it is now, 16 weeks as it may be, arrears of rent would be to make a demand which he could not reasonably be expected to be able to satisfy. Accordingly we make the provision that although the arrears are to be paid they are to be paid, not in a lump sum, but that they may be paid in instalments amounting in each case to not more than 20 per cent. of the pre-War rents. Next—and the only other provision in the Bill which I desire the House to follow is this—that there may be cases—no doubt there are cases, although they are not so numerous as some hon. Members would believe—where the landlord has failed in his duty to keep the house in proper repair. There is an express provision made in the Bill that if the landlord has failed in his duty in that regard, then on a County Court being satisfied of that fact, he is not entitled to recover. That is reproducing in this Bill a provision which was enacted in the Act of 1920, the justice of which I do not think any hon. Members on either side of the House will have any doubt about.
It has provided any amount of litigation for the lawyers.
"Reasonably fit" is the expression which has been in every Act of Parliament. It is in the Act of 1920, and has been taken verbatim out of that. It means what it says, "fit and reasonable."
Those of us who are sent here to represent the Scottish people want to know if the Government intend to maintain the decision already given by the Scottish Courts as to the meaning of "reasonably fit"?
I am very glad to answer that question, although perhaps the hon. Member will forgive me when I say it is a matter better dealt with in Committee than on Second Reading. The answer is that we use the same language as is already in the existing Act of Parliament, and any Court would put upon it the same construction as has already been given under the earlier Act. If any hon. Member says a wrong construction has been given, then it would be perfectly easy to use different words, or to put in some language to make it clear that there has been a wrong decision. If my attention is drawn to it, I shall give it my consideration. I am sure the House will realise that this is really a point for the Committee stage and not the Second Reading. I am taking up rather more time than I had hoped, but there is one other section of my subject which remains for me to develop. I said I would endeavour to deal, as far as I could by way of illustration, with the sort of objection raised either in the Press or in letters which have reached me. First of all, there is an objection with which I need not deal, because I have already explained it away. A number of people have written and said it is a cruel injustice, because it leaves the landlord liable to repay moneys which he has received in respect of increased rent. That is a misunderstanding. The Bill does not do anything of the kind. The Bill does just the opposite. [An HON. MEMBER: "That is what is wrong with it!"] That is the whole object of the Bill. If these words are wrong, then hon. Members must vote against the Bill There are two other objections which require to be dealt with. The first is an objection which was put forward, foreshadowed, I think, by the right hon. Gentleman the Leader of the Opposition, in which he said that any retrospective legislation was objectionable and would be opposed.
The second objection, which comes more from this side of the House, is that, inasmuch as Parliament is only putting right a mistake which was made in 1920, it ought to be retrospective to July, 1920, and not to December, 1922. Those are both arguments which I hope I have stated fairly and I will deal with each of them. First of all, there is the objection that retrospective legislation is bad, and that this is retrospective. The first observation I have to make on this is that any legislation to deal with this question must be retrospective. [HON. MEMBERS: "No!"] If you are going to legislate for the future you do not need an Act of Parliament, because, under the decision which has been given in the case of Kerr v. Bryde, the landlord could give notice to quit and put himself in order. You have to deal with the question of the arrears which had already arisen before the announcement was made that legislation was going to take place.
I want to deal with, that objection, because I quite realise the sincerity of it from some sources, at any rate, and it is one with which I want to grapple. It is perfectly true, speaking generally, that retrospective legislation is a thing to avoid, and I do not think any lawyer would dispute that proposition. I, however, desire to go just a little further, because it is very often possible to avoid thinking out the merits of a particular proposal by giving it a label, and then condemning it because that label is attached. We have to consider why it is that retrospective legislation is objectionable. I think anybody who gives their mind to it would come to the conclusion that the answer to that question is this: Where a man has taken a certain course of action, in the belief that the law is what it actually is at a certain date, it is not fair, without warning him that you are going to do it, at a later date to pass an Act declaring that the law was not what he quite rightly believed it to be. If you do this, he is entitled to say, "I relied upon the law being what I knew it was, and I never should have taken that course of action if I had not known that it was the law. You never warned me of the alteration you were going to make, and it is not fair now to change the law at a subsequent date." That is the reason why I think that retrospective legislation is objectionable, and it is with that principle in mind that the Government have sought to frame a Bill which does not conflict with that principle, although it necessarily deals with retrospective matter.
I will point out now how we have done it. First of all, there is the case of the man for whom the right hon. Gentleman the Member for Spen Valley (Sir J. Simon) is presently going to be the champion, that is the man who has paid the increase all along. With regard to him, he recognised that the technicality which exists, if it existed at all, was purely a technicality of which he ought not to have taken advantage. With regard to him, we are making the law what he always considered it to be, and he cannot complain that we are altering the law to something different to what he thought it was, and to what he acted upon, because we are merely saying by this Bill: "What you always believed to be the law, and what you always recognised as the intention of Parliament is hereby declared actually to be the law." I submit to the House that that is a fair and reasonable proposal so far as he is concerned.
I now turn to the other friend of the right hon. Gentleman the Member for Spen Valley, that is the man who did not pay his rent before 1st December, and who has not paid it yet. How are we going to deal with him? We recognise the justice of the argument that you ought not to alter the law retrospectively, even as against a man who has taken a technical advantage of it, and therefore we are saying to him: '"You have chosen not to pay these increases relying upon the fact that the law did not compel you so to do, and we are not enacting that you shall now be compelled to do it before 1st December, 1922."
On 1st December, 1922, that tenant and everybody else was warned expressly in the plainest possible language in the announcement which I have already read, and which was published in every newspaper in the country, that the Government intended to ask the House of Commons to pass a Bill which should be retrospective at least to that date. If, after that date, a tenant went on refusing to pay his rent, he cannot say that he was acting without warning and was misled, because he could not expect the law to remain as it was, as he was told plainly that we were going to ask Parliament to alter it; and if after that date he chose to go on withholding his rent, then he cannot complain if what we warned him we were going to do is done and the law is dated back to 1st December.
I think the House will recognise, at any rate the greater part of the House which is approaching this matter with a real wish to do the fair thing, and is not fettered by any election pledge, who try to make up their mind upon this question without prejudice, without any bias in favour either of the landlord or the tenant, and, with an honest desire to do what is fair between man and man, will recognise that the proposal we are putting forward is an honest and fair attempt to grapple with this difficulty, and that it does deal fairly and equitably with every class affected by it. That, at any rate, is the earnest hope of His Majesty's Government.
I have almost finished my speech, and I thank the House for its patience. I only desire to say that I realise that any attempt to grapple with this question must involve difficulties. I also realise that it is almost impossible to satisfy both sides; in fact, I rather gather, from some communications I have received, that we have failed completely to satisfy either side. [An HON. MEMBER: "Drop it!"] The fact that neither side is completely satisfied is, in my opinion, the best evidence that the compromise at which we have arrived is a fair one to both. It would be easier for me to deal with this matter as a legal question and discuss the exceptions to the rule as to retrospective legislation, and to deal with the thing from a legal standpoint, but I am not going to do that to-day, although it would be easy to do it if hon. Members would like me to take that course.
I am not now dealing with this question as a lawyer before a Court of Law, but as a public man holding a responsible public position, and we are asking the country, through its elected representatives, to do what is fair and just to meet a difficult situation, and not stand on technicalities on one side or the other. It is because I am asking the House to deal with this matter on that basis that I appeal with confidence to hon. Members to give this Bill a Second Beading, and I can assure them that if there are minor points which they think require further consideration I shall be very happy to deal with them in Committee with an open and unprejudiced mind.
I beg to move to leave out the word "now" and, at the end of the Question, to add the words "upon this day six months."
I have followed, with considerable interest, the statement of the Attorney-General in introducing this Bill. I am not a lawyer, but I think I know sufficient of the law not to support my case by quoting from Debates in this House. In reply to an interruption in this House, in which the right hon. Gentleman was asked to produce the draft of the Bill, he replied that he could not do so at that time. I know that quotations from Debates are not law, and, consequently, I prefer to rest my case on what effect this Bill will have upon the decision of the House of Lords. Merely as a layman, I approach it from that standpoint. I am not going to be led into a discussion as to how the Labour party got here. I remember in 1918 we should have been returned then but for a telegram which was sent out stating that the Coalition Government did not intend to increase rents. Some of us lost that election only by a few votes in consequence of that telegram.
5.0 P.M.
I may be told that this is not the Coalition Government, but, at any rate, there is a wonderful resemblance. Now that we are talking about law and procedure, there is a common method adopted sometimes by criminals by which they escape the dock by going into the witness box, and the Government are now escaping the verdict of the country by going into the witness box against the Coalition Government. The intention of this Bill, as I understand it, is to make it impossible for tenants to recover over-paid rent from the landlord. The 1920 Act specifically provides that, if landlords are paid sums to which they are not entitled, those sums are recoverable from them at the instance of the tenant in any County Court in England or Sheriff Court in Scotland. It was clearly anticipated in the Act that moneys might be paid by tenants under circumstances over which they have no control and that those tenants might subsequently require, and would be entitled to recover, those overpaid sums from the landlords. The central purpose of the Act is to do a thing which it is clearly against the public interest to do. It proposes to alter the law, not as of its date, but as from almost three years ago. An Act of Parliament is, in my opinion as a layman, nothing less than the national expression of the conditions under which people contracting with each other are related to each other, or, in its public health and criminal aspects, require to act. If I enter into a contract as of this date I do so on the law of to-day, not the law of yesterday, or of two years from now. It is impossible that it can ever be anything else in well-ordered society. How can I possibly regulate important affairs, or how can the affairs of the nation be regulated if in contracting to-day I have not the definite and fixed national assurance that if I rely on the law of to-day I shall be perfectly safe? What the Bill proposes to say is that those who rely on the Rents Act, as the same has been interpreted by the highest Court in the land, are not to be fortified in their legal position, but are to discover that what they placed their confidence in is altered by supervening legislation.
I do not think that this question of the seriousness of retrospective legislation is sufficiently understood. To me it seems the very foundation on which our Constitution has been built, and the only foundation on which it can satisfactorily remain. Once it becomes possible for one Government following on another, as in the present case, to pass legislation nullifying the decision of the highest Court in the land, there is no end whatever to the possibilities of the situation. A great deal has been said about the hardship created by the Kerr v. Bryde decision. I dispute those hardships. The position has been greatly exaggerated by the other side to create an atmosphere favourable to the present Bill. The general view held in Great Britain has been that a notice to quit was necessary. In certain patches of the country this view did not occur to the legal mind, and, perhaps, particularly in the West of Scotland was this the case. In the East of Scotland and many other of its wide areas notices to quit were given. Generally speaking, the same observation applies to England. There was no such misapprehension as to the law as justifies the suggestion that the people did not believe that notice to quit was necessary. The opposite is the case. The general view was that such notice was necessary, and it was acted upon. Accordingly, the Bill proposed is not intended to remedy a national state of affairs, but to deal with one more or less localised to various districts of Scotland and England. Surely, it cannot be said that if a section of house-owners are mistaken as to the legal position under the Rents Act, an Act of Parliament should be passed to alter the law to cover their fault or ignorance.
I wonder what would have happened if the defect had been on the other side; if the tenants had suggested bringing forward a Bill on the ground that they were not getting what the spirit of the Act intended they should receive. If that spirit were given to legislation there are quite a number of proposals I could make to His Majesty's Government for the remedy of the Workmen's Compensation Act, and other Acts of Parliament. The Workmen's Compensation Act was passed in 1897. It was generally understood as the contract entered into under that Act that the women dependents would be paid compensation in the event of the men meeting their death. That continued in operation for several years. The Courts decided, after two or three years, that serious local misconduct took away the right of the widow and the orphan, but legislation was introduced to remedy that and to put the workman back into his former position. I wonder, when we come again to remedy the defects in the Workmen's Compensation Act with regard to fatal and non-fatal accidents, whether we shall find all these advocates of retrospective legislation to put right the wrongs of the landlords as anxious by retrospective legislation to put right the wrongs of the widows and orphans under the Workmen's Compensation Act. If such suggestions were made from this side the decision of the highest Courts in the land would be taken as irresistible arguments of precedent, and I ask you to accept the argument which in other circumstances would be advanced from the other side of the House.
The ability of the House of Lords to decide a question of this sort cannot be questioned. It is the highest judicial power of the land, and although we cannot say it never makes mistakes, it has all along been respected as the interpreter of the nation's law. Consequently, we can at once discover the reason why the right hon. and learned Gentleman, in introducing his Bill, was at least sufficiently honest to say he was not going to back it up by any quotations supporting his contention by law, because, on the other hand, the highest Court in the law is against him. In this connection I only require to refer to the Judges of the Court of Session in Scotland and to the Judges of the Appeal Courts in England, all of whom have decided, when the matter was brought before them, that a notice to quit was an absolute statutory necessity. It is not as though there had been contradictory or conflicting judgments. The law is as clear as the law can be. It is not as if this matter has only recently been decided. The matter was decided a very considerable time ago in English Appeal Courts, and those concerned had the best and clearest notice as to what the law required to be done.
It has been argued that this is a breach of an honourable understanding on the part of tenants who, having paid the rents without question, seek to recover them now. I am to submit that the breach is all the other way. In the Courts, especially in the West of Scotland, where there were many thousands of ejectment cases, many of the judges represented to the tenants that if they would, in the state of legal difficulty—I hope the House will take note of this—continue to make payment of their rents, this would be done without prejudice to their position. Will the Government accept that as evidence or proof that these people who have paid their rents should have their rents returned? It was pointed out to these tenants that if the Kerr v. Bryde case went against them, there would be a large accumulation of arrears which they would have great difficulty in getting rid of, and upon this many thousands of pounds were paid by tenants, and if this Bill passes, paid to their loss and prejudice. I am to say it would be a dishonourable thing if tenants, paying upon an Act of Parliament which clearly said that if they paid more than could be demanded from them they would be entitled to recover the excess, should not now be entitled to recover this excess because the law as at the date of contract has been altered by following legislation. I know it has been said that these tenants paid the rent in many cases without being compelled to do so, and as a voluntary act. That may apply in some cases, but not to the great majority of cases of tenants in the West of Scotland.
I want the House to take special notice of my point with regard to service tenants. The constituencies in the west of Scotland that have done us the honour to return us to the House of Commons are mostly industrial Divisions, and a very large pencentage—I am not prepared from memory to give the actual figure—live in houses—excuse my calling them houses—owned by the colliery companies. In these houses—we call them "Company houses," but they are known as "Service houses" elsewhere—they put on the full increase of rent. The tenants had no choice. It is deducted from their wages. Many of them have been told, and some of us in the state of the depressed employment have good reason to know it is only too true, that if they did not pay, or objected to the increased rental, they would be required to find employment elsewhere. There have been cases raised of repayment of rent so deducted, and the house-owners have indicated that if these were persisted in the tenants would be dismissed. It would be most unfair to say that a tenant, paying in such circumstances, is not to be entitled to recover, but, I understand, from the explanation given by the right hon. Gentleman, that these tenants would not have the right to recover. Again, tenants who were not service tenants paid, relying distinctly upon the terms of the Act, that, if any over-payments were made, they were recoverable. Again, speaking as a layman, I have always understood it to be sound law that, if you make an illegal payment, you can recover it legally. It would be a gross injustice at this time of day if an Act of Parliament were to be passed altering the law upon which those people entered into their contract and made their payments.
In supporting the Bill, it has been assumed that landlords generally have kept their houses in repair. I wish I could get Members of this House who will argue the moral side of the question about the payment of rents to come with me some afternoon into the industrial areas where the miners and other workers have to live. I am afraid they would require to do much more when they came back to argue a Bill of this kind than evade the law; they would require to still their consciences with regard to the rents charged for these houses. It has been assumed that landlords generally have kept their houses in repair. This is not the case in Scotland, and I believe it is not the case in many parts of England. In Scotland the tenants have been called upon to pay the increases, and I know of many houses—because I do not speak merely from newspaper knowledge; I always take the opportunity of paying regular visits to the mining villages and to what are called homes, so as to keep myself in touch with conditions in the place from which I come—I know of many houses where those increases are demanded, although certificates have been received from the local authority stating that the houses were not fit for human habitation. In spite of this the tenants have been compelled to continue to pay. Many service dwelling-houses in Scotland are, as has been admitted frequently on the Floor of this House, and we have had from the hon. Member for Coatbridge (Mr. Welsh) a few nights ago a statement that has, I believe, turned the heart of every Member of this House with regard to single-apartment dwellings—many of these houses are in a disgraceful state, and yet the house-owners have deducted from the workmen the increases under the Act to the uttermost, and have left the houses in their old disreputable condition.
It is surprising to me that a Bill for the purpose of legalising what is already decided to be illegal should be introduced by the Attorney-General. One would expect his function to be that of maintaining the law, of seeing that the law is given effect to; instead of which one finds that he introduces and supports a Bill to the very opposite effect. How often, in the discharge of his judicial functions, does he demand that the law should be obeyed? How often has he required that to the very uttermost what the law demanded should be done or provided? Yet we find him here refusing to give to the poorer section of the community moneys which have been, in many cases, extorted from them under pressure of economic circumstances, to their serious prejudice and loss. Some attempt has been made here to create sympathy for the landlords. They will, it is said, be ruined if the decision of the House of Lords is allowed to stand. I have already pointed out that repairs in many cases have not been carried out. I have already pointed out that, especially in the West of Scotland, the houses are owned by rich colliery companies and iron and steel companies. The Government are evidently very anxious about the welfare of the landlords; what about the welfare of the tenants? They are very anxious about the rights of landlords, but they do not appear to be so anxious about the rights of tenants, or why should they seek to set aside the decision of the House of Lords?
This Bill concerns most tenants in one-and two-apartment houses. In Scotland, 39·3 per cent. are houses of two rooms, and 12·8 per cent. single apartments; and if I were to quote the figures for the industrial villages, it would be seen that there are as many as 20 to 25 per cent. of of the people living in single-apartment houses. I am almost tempted to give a description of what this excessive rent is being charged for, but I might be ruled out of order. I may be allowed to say, however, that most of these houses which are owned by wealthy colliery companies were built 20, 30, 40, 50 and even, in some cases, 80 years ago, and some of them have been condemned as unfit for human habitation. The cost of building those houses was from £30 to £80. The size of the single-apartment houses is 12 feet by 11 feet by 8 feet, and for these the tenants are being charged a rental of from £10 to £15. Instead of the Government spending their time and our time discussing a Measure of this kind, it would be more to the purpose if they spent their time discussing a Bill that would give some measure of justice to the poor people who are under the conditions I have quoted. Since I entered this House four years ago, I have followed very closely the discussions on housing. We heard a great deal about economic rents, especially from the ex-Minister of Health, but just imagine what these people in one- or two-roomed houses are paying. It means that, on the basis of a six-roomed house, they are paying at the rate, not of £25, but at the rate of £60; and this is for a single-apartment house that is not fit for a dog to live in. I do not wonder, as I have already said, that the right hon. and learned Gentleman evaded facing this issue.
We are frequently twitted on this side of the House about the class war. I heard—I am sorry that he is not in his place—the Noble Lord the Member for Hitchin (Lord R. Cecil) deplore the class war. This Bill is a continuation of the class war, but upon that class that is least able to protect itself. Is it to be wondered at that the West of Scotland has sent so many Labour representatives to the House of Commons? Is it to be wondered at that there is discontent? The wonder to me is that the discontent is not greater. They have been deceived by the Coalition Government on this rent question. They are rack-rented as I have pointed out, and I challenge denial or contradiction of it. Then attempts are being made from the Government Bench to take away the tenants' legal rights by means of the majority which the Government have in this House. This is not only making war on the poor; it is making war on the nation. We on this side of the House regard the judicial bench of this country, with all its faults and mistakes, as the purest to be found anywhere. This Bill, if it becomes an Act of Parliament, not only humiliates, but brings into disrespect, the Judicial Courts, and it degrades the high position of the Attorney-General, because of the position that he occupies in this House and in the Courts outside. Instead of promoting respect and obedience to the decisions of the Courts, it may create more than a suspicion that the Government is the tool of owners of property in this country, instead of upholding the decision of the highest Judicial Court in the land and protecting the poor against the taking away of their rights.
I beg to second the Amendment.
I should like, at the outset, to express my sympathy with the right hon. Gentleman who introduced the Bill, because it was quite evident that he felt that he was in a very acute position. He was not only engaged in explaining the fact that the profession to which he belongs, and the party of which he is such a distinguished member, were not capable of framing an Act of Parliament in language which ordinary English and Scottish people could understand, but he was driven to confess that, in an attempt to rectify the blunders of his predecessors, he could not base his action upon law, but would appeal to the sympathy and the love of justice of the people to whom his remarks were addressed. It was evident, too, that he felt that he had a difficulty in defending retrospective legislation, and, by way of justification, he quoted some past instances in which, to a limited degree, retrospective legislation was accepted by members of the Labour party. He carefully avoided, however, the very kernel of this evil, and that is that a Measure is being introduced into Parliament to overturn the decision of the Courts of Law; and, so far as I know at any rate, decisions of the Courts of Law have not been overturned in any of the cases that he quoted. If Parliament is to accept the principles of this Measure, and if, in the future, any Parliamentary party which finds itself "drest in a little brief authority" is entitled to pass Measures of this kind, we are in for a lively time. In the alternating political fortunes of the very near future, when Parliamentary control in this country will pass, not merely from Tory to Liberal and vice versâ, but will pass from class to class, I can see the privately-owned wealth of this country changing hands by legislation as it does in a game of nap. Parliament and the Government in this proposal are arrogating to the House of Commons the right to sit in judgment on the decisions of the Courts of Law. You are claiming, not merely to be the law makers, but to be in the ultimate the administrators of the law. That is bound in its very nature to undermine public respect for the Law Court. If the public are led to understand that any decision which is not acceptable to the party in power may be overturned by retrospective legislation, all respect for the Courts of Justice will have gone for ever.
Further, in this way you are undermining the authority of Parliament in the country, because again if the public understand that the legislation passed by this Government should in its results prove unsatisfactory to the success of this Government, its successors may not only cancel the legislation but make the cancellation retrospective, and then people will cease to have the respect which I hope they have to-day for the Acts of the British Parliament. I may argue that even this Bill if it passes this House is not final in its decision, for a future Government, presided over possibly by the present Leader of the Opposition, may overturn this Act of Parliament and make the new Act retrospective to 1st December, 1922. What the right hon. Gentleman is laying down in the Bill is that from the date when the House of Lords gave its decision, and very much earlier, up to the moment when the Bill becomes the law of the land, the law was not the law. That is what the attitude of the Government really amounts to. May I remind hon. Members opposite, who are very fond of lecturing us on the virtue of social order, that social order requires a stable foundation, and that you cannot pass a Measure of this kind without striking a deadly blow at the very foundations on which social order rests. Social order in this country is based on the belief of the British public in the impartiality of our national institutions. If you intimate in effect to the British public that the Courts of Law are subservient to Parliament, and that Parliament is controlled by the rich, how can you expect them to continue to have confidence in national institutions.
The right hon. Gentleman made a great deal of the argument that the late Parliament intended the owners to get the increases of rent mentioned in the Act. I admit that that is perfectly true, but it is equally true that Parliament and the Government of that day intended a notice to quit to be served on the tenant before the rent was increased. The right hon. Gentleman went out of his way to rake up a very weak case in order to prove the contrary case. He felt the importance of proving the contrary to the public, and he attempted to leave the impression that only in isolated cases had it been considered that a notice to quit was essential. He quoted one or two authorities in order to support this case. May I give him one or two instances to the contrary. In the Bothwell Division there are several groups of Government houses erected under the late Ministry of Munitions, and they are to-day administered by the Government, as they were then, and in these Government houses every tenant received notice to quit from the Government that passed the Act of Parliament whose results we are now discussing. It does not end there. All over that Division there are large groups of houses owned or, at any rate, managed under the Addison scheme for the Government who subsidised them, and the person who acts for the Government served a notice to quit on every tenant. I go further. The Property Owners' Association in Scotland issued a special notice to its members advising them that notice to quit was essential if they were properly to impose increases of rent. For the right hon. Gentleman, in face of this evidence, taken from the action of his own supporters, to seek to create the impression that it was only a few ignorant people who misunderstood the law, is not submitting the case in the frank way we should expect from the distinguished author of the Bill.
The attempt of the property owners is to place on Parliament the blame for their blunder. If this blundering had been done by poor and ignorant people it might have been easy to make out a case for them, but I think property owners in the main are neither poor nor ignorant. If they are incapable of administering their affairs, they can afford to engage the services of factors or the legal assistance which is always available. It is not fair to submit that special consideration should be given to these people when they come forward and say that in carrying on their business they acted in ignorance of the law. That is not how the right hon. Gentleman opposite and his friends carry on the other branches of legal administration. When a poor man breaks the law, it is no use for him to plead that he did it in ignorance. If even a member of the middle class, in making a return to the Inland Revenue, say, for Income Tax purposes, says that the return he made in error was only technically wrong, and that he did not really understand what he was doing, the Government does not accept the technical breach of the law as justification for not prosecuting the person who broke the law. I could quote case after case in which this very Government, or its predecessor, for technical breaches of the law have imposed fines.
But whatever case on the ground of ignorance could be made out for owners for a period prior to the decision in the House of Lords, no case at all could be made out on the ground of ignorance for the period subsequent to the decision of the House of Lords, the period in which by this Bill they are more generously treated. The right hon. Gentleman reminded us that this understanding of the law dates back to February, 1921. The Scottish decision, which has emerged prominently in the discussion, was given I believe about February, 1922. The right hon. Gentleman passed from that decision in Dumbartonshire right on to the House of Lords. He missed many stations on the journey. The first decision was given by the Sheriff Substitute for Dumbartonshire. An appeal was lodged to the Sheriff Principal. The right hon. Gentleman twitted us with not having quoted a case in which the hon. Member for Linlithgowshire (Mr. Shinwell) was involved, which came previous to this case in the law courts of Glasgow. I will inform him, if I dare, that it is only by mutual consent that an appeal against the decision of a Sheriff in Scotland can be made under the Kent Restrictions Act, 1920. Further, the people who have had to carry on this struggle, have had to do so in the face of loss. Appealing from court to court is a very costly business. When we are passing through a period of great industrial depression, it is not always as easy for us to appeal to the higher Courts and engage the services of eminent counsel as it is for the people with whom we have to contend. But this case was appealed by mutual consent to the Sheriff Principal of Dumbartonshire, who decided again in favour of the tenant. Again consent was given for an appeal to the Supreme Court—the Scottish Court of Sessions.
The right hon. Gentleman carefully avoided mentioning that case. He wanted to get on to the three to two majority. This case was heard before the four judges of the Court of Session and they decided unanimously in favour of the tenant. It was only after it left the Scottish Courts and after the property owners had appealed to the late Parliament, or to Mr. Munro, the representative of the late Government, not to await the decision of the appeal to the House of Lords, but to give them immediately the retrospective legislation that they wanted. Mr. Munro had refused to intervene until all the avenues of the law had been exhausted when the property owners decided to appeal to the House of Lords. Six months ago, nine months ago, the property owners knew, without the shadow of doubt, that the law imposed upon them the necessity of issuing a notice to quit. Then, at the institution of Mr. Munro, they appeal to the House of Lords. It is true that the decision there was only given by a three to two majority, but I would impress this fact upon the Attorney-General that two judges in Dumbartonshire, four judges in Edinburgh, and three judges in the House of Lords, nine judges against two, had no doubt in their minds what Parliament intended to be done under the Statute. In spite of that warning, the property owners continued to defy what was now clearly the law of the land. They continued to defy it and refuse to issue the notice that the law of the land says they are bound to issue.
Are we going to pass a Bill through this House which rewards resistance to the law? Is not that putting a premium on illegality? Is that the kind of legislation which the speeches we have heard from Gentlemen opposite would have led us to expect from them when they occupied the Treasury Bench? The Government is seeking by this Bill to deprive certain tenants of wealth to which they have now a legal claim. There is great scope for legislation along that line. I do not think that a future Government, given the proper points of view, would have any difficulty in proving that it was only a technicality that certain private owners of land have any claim upon their property. If this Bill is justified, surely a future Bill dealing with ownership of land in this country might be introduced by a Government which was not satisfied with the consequences of the legislation under which we live, and that future Bill might be made retrospective, and might not only give us the ownership of land for the future, but the spoils of occupation from the past.
This Bill entitles a group of property owners to repudiate their debt. There was a time when the repudiation of debt by Act of Parliament was an unpopular policy on the other side of the House. I hope that in the Division on the Second Reading of this Bill we may find that there are still some Conservatives old fashioned enough to see the danger of embarking on that dangerous course. This is not the only debt in this country. There is a debt of over £7,000,000,000. When you subtract from that the amount of our debt to America, some £700,000,000 or £800,000,000, and the amount held by the working classes in War Savings Certificates, totalling about £300,000,000, there remains a sum of £6,000,000,000. That is not a sum that we owe to people outside this country. It is a debt of the working classes of this country to a section of the population who have surplus wealth. It is a debt of the poor to the rich. If you are morally justified in passing an Act of Parliament to enable property owners to repudiate their debt of a few million pounds to the poor, what shred of moral objection will remain to a Parliament sympathetic to the poor, passing an Act of Parliament to enable the poor to repudiate their debt to the rich. I submit, in all seriousness, that in this kind of legislation you are embarking on a very dangerous path.
When we come to the details of the Bill, which was explained so clearly by the Attorney-General, we find that there are two classes of landlords and two classes of tenants dealt with in exactly opposite ways. The right hon. Gentleman quoted the notice that was issued to tenants in Scotland, but I would remind him that in Scotland the people were familiar with the law as interpreted in the Courts. There are two types of landlords. There is one who sent out threatening and bullying notices to the tenants, reminding them that the Rent Restrictions Act was due to expire in June, 1923, and that whatever claim they might have against the owner for the return of improperly imposed increases, when the Rent Restrictions Act expired the owner would be able to get a bit of his own back. Under this system of terrorism these owners were able to extract from the tenants money to which they had no legal claim. Under this Bill, that type of owner, or the unscrupulous agent who was his employé, will be rewarded for their terrorism and allowed to retain their ill-gotten gains. There is another type of landlord who had always lived on good relations with his tenants. When he came around for the rent, the tenants explained to him that there was nothing legally due. He did not want to press the matter. He said, "Very good. It is stated that Parliament intends to interfere and to rectify matters by legislation. We will allow the arrears to accumulate, and when the matter is clear we can have a settlement, and our good relations will remain intact." These tenants withheld payment of their rent, and the landlord paid the occupiers and owners rates on the property. Now the right hon. Gentleman comes forward and says that that type of landlord is to be punished, and he makes no reference at all to what is to become of the rates.
You have not only two types of tenants and two types of landlords, but there is the fact that the law is not the same in England as in Scotland. In England, the tenants had the right and power to sue and to recover from their landlords at any date subsequent to that on which the English decision was given, the arrears of rent in dispute. I understand that in very many cases it is a completed transaction in England, and that the money has been returned through the Courts. The law is somewhat different in Scotland. The right of the tenants to sue in Scotland is disputed, and the matter is now in the Courts with a view to making an appeal to the House of Lords. Here, again, under the legislation as it existed, Scottish tenants are to be penalised compared with tenants in England. We heard a good deal at the outset of this Parliament of the desire of the Government to produce social tranquillity. Imagine the state of affairs that will be created by this Bill. There will be two tenants living next door to one another, and possibly the property will be owned and managed by the same person. One tenant has had the increased rent returned, while the other, foolishly having faith in His Majesty's Government, has not received a single penny. The landlord is to go to the tenant who has paid the last penny and to explain why he should pay for nine or ten months more than the person who lives next door.
Scotland is in a fever over this matter. No one is satisfied. No section of tenants is satisfied. No section of landlords is satisfied. The right hon. Gentleman talked about Scotland's action in sending so many members of the Labour party to represent them in Parliament. I make bold to say that if he would accept my challenge and have an election in Scotland on the Measure he has now introduced, I will reduce the supporters of the Government in Scotland to a negligible fraction of their present number. I submit for all these reasons that this Bill, from every point of view, is an extremely bad Measure. It runs counter to all our opinions on equity. Possession is its only financial principle. Those who have are to keep, and those who have paid are to lose. If any hon. Member opposite sits down calmly to consider how much they are throwing away the prestige of Parliament in the iniquity of this legislation, and in the undermining of the courts of law, in order to obtain the comparatively small sum that is involved in the conditions that have been created, they will be driven to the conclusion that this is a case in which they are throwing away a mackerel in order to catch a sprat. I ask the Government to withdraw this Bill and to introduce one dealing comprehensively with the whole question of rents. In such a Bill, provision might be made for dealing with any extreme cases of hardship, and I am confident that the great majority of Members of this House, and also the great majority of people in the country, would prefer to pay a small sum in the way of extra taxation rather than face the political consequences that are sure to accrue from this very foolish Measure.
6.0 P.M.
I would scarcely have intervened in this Debate after the very clear exposition which has been given in the arguments on the Bill, were the question not one of great interest to those constituents which the last speaker and I both represent. Therefore, I feel that I ought not to give a silent vote. Let me say at once that I fear none of those dreadful consequences with which the hon. Seconder of the Amendment threatened those who might dare to take a view contrary to that which he has explained to the House. [HON. MEMBERS: "You have a special corner!"] I am glad to think that it is a special corner. [HON. MEMBERS: "A dug-out!"] Very special in respect that it contains an extremely intelligent electorate, and one which shows some discrimination in its choice of a Member. This Bill arises out of legislation which was itself an interference with the ordinary law of the country. The law of the country is one of free bargaining. The Rent Restrictions Act, 1915, imposed a modification of that law, in order to create an equity in favour of the tenant. I do not dispute that that modification was, in the circumstances in which we found ourselves, necessary, but it is well to remember, in considering this topic, that the whole class of legislation with which we are dealing is, in a sense, exotic, and one which I do not think should be allowed to remain permanently on the Statute Book of this country.
An equity was created in favour of the tenant in 1915. By 1920 it had been discovered—what I think everybody in all classes recognised—that increasing costs had made it impossible any longer to hold the landlord and the property owner bound by the precise restrictions which had been laid on him by the Act of 1915. In the meantime his costs had risen, and when it required much larger expense for the property owner even to meet the mortgages on his property, and labour and materials had risen in cost, you could no longer hold him, more than any other person, bound by the class of restriction which existed prior to the beginning of the War; and it was then an equity which was given by the House of Commons in favour of the property owner that was legislated for in the Statute of 1920.
The hon. Member for Shettleston (Mr. Wheatley) acknowledged that it was the intention of Parliament to give the landlords, after 1920, the right to increase their rents for the purpose of meeting these increased obligations, but he said that it was also the intention of Parliament that the landlord should give a notice to quit. I was in Parliament in 1920. I agree entirely with the views which have been quoted from the writing and speeches by Dr. Addison and Mr. Munro, as to the kind of legislation which we then thought we were enacting, and scarcely any person who took part in the Division on the Bill of 1920 can to-day honestly lay his hand on his heart and say that he believed that anything more than an intimation of the increase of the rent was necessary. By a technical construction of a very confused portion of the Statute we are now in a muddle in this country. This must be cleared up in some way or other. The intention of Parliament must be made good. Reference has been made to the fact that in certain districts in Scotland notices to quit were given. I know that that is so, but in these cases, for the most part, the property owner was moved by the kind of caution which is usually displayed by a Scotsman; the man who takes the view that he should take no risks. But in the great majority of cases—I am saying what I know to be the fact—nobody imagined that anything more than an intimation of the increase was necessary, and a notice to quit was directly contrary to the whole spirit of the Clause. The intention of the Statute was to prolong tenancies and not to bring them to an end.
Accordingly, I think that the House will take a proper view if it to-day proceeds upon the footing that this House intended, when the Act of 1920 was passed, to give the landlord the opportunity of getting the increase of rent which was necessary to enable him to meet his new obligations. The only question which remains then is what we are to do in the circumstances in which we find ourselves, because the circumstances are very serious, and some of them even ridiculous. For example, in Scotland the result of the House of Lords decision is this. By a curious Section in the Statute dealing with yearly tenancies in Scotland this legislation which applies to rents up to £25 a year does not apply at all to tenancies between £25 and £60, and it then applies again to tenancies between £60 and £90. You could not have a more anomalous state of affairs. [HON. MEMBERS: "Who was responsible? What Government was in power?"] We are not now dealing with that question. We are dealing with the practical question of the remedy for the difficulty.
Would this Bill remedy that difficulty?
There is no remedy short of building houses.
Before going on to what this Bill does, may I point out that the existing position not merely cripples the owners of a great deal of property in Scotland, but that many of them will be brought to absolute ruin if this decision is allowed to stand? Everybody who knows the conditions of Scotland knows that, and I would like to emphasise the remark, made by the Attorney-General in introducing this Bill, that the property owners in this country are by no means a wealthy class. There is no form of investment which has been so favoured by the thrifty man who has acquired a small possession than that of heritable property, and in the course of my election, I can say with complete sincerity, that I was approached in this matter by large numbers of people of very exiguous means, living a very narrow life on their small savings, who were greatly affected by this legislation as to property. This Bill proposes a certain remedy, and I agree with the Seconder of the Amendment in saying that I abhor retrospective legislation dealing with legal decisions. I think that it is a very dangerous course to follow. It does tend to create a certain disrespect for the law which would be most injurious. But this is not the first time it has been done. There are occasions on which the circumstances are such that even this very difficult remedy must be adopted. The hon. Member will remember the great case of the churches of Scotland. [HON. MEMBERS: "By agreement."] No, on the contrary, there was retrospective legislation by Parliament to do away with the decision of the House of Lords, by handing millions of pounds worth of property to people who, as the House of Lords declared, were not entitled to the property.
In the Scottish case we were dealing with the division of a fund to which both parties had contributed their part, and they have now settled it. In this case we are dealing with a different set of circumstances entirely.
My hon. Friend is arguing the merits of that case, and if there were time and it were necessary, I could argue the merits of this case also. But what I am dealing with now is the question of retrospective legislation, and this case with which we are now dealing is an exact parallel to the case which I have just mentioned, with this difference, that it does not involve anything like the same amount of wealth. As everybody who has read the history of rent restriction knows, it has all involved retrospective legislation, but still we ought to avoid it whenever we can, and I should have preferred if the Government had taken another course from that which they have taken. I so much dislike this method that I should have been inclined in ordinary circumstances to vote against what has been proposed. I should have preferred if this matter had been dealt with in a composite Measure dealing not merely with rent restriction but with the future rent policy of the country. The tenants of the country are looking forward to a continuation of the rent restriction legislation. That is an equity which they are asking, and I think that it would be proper to say to those who are asking for favours that they must equally deal equity out to others.
In these circumstances you might be able to have a Measure to provide that, because the tenants are getting an equity in rent restriction, there should at the same time be provisions made to meet this great grievance from which property owners are suffering. That, I think, is the way in which the legislation should be worked out, but there are considerations which, I understand, have moved the Government in this matter. My right hon. Friend has promised to bring in legislation to continue the Rent Restrictions Act, and this to some extent satisfies me, and though, as I think, it would have been better to have the two matters dealt with in the same Measure, yet again it is explained to me that to deal with the larger question would require far more time than can be afforded in the present condition of the Parliamentary Session, and if we are to have this legislation at a time when it will redress the grievance it ought to be passed now. That is a consideration to which I must give every weight, and accordingly, after much thought, I have decided to support the Bill which the Government are presenting. Now, as to the means which are being taken by this Bill, upon which my right hon. Friend asked me a question, I think it is possible for anybody who chooses to be very critical, to make an attack upon the provisions of this Bill, which undoubtedly would be very forcible and very cogent. All I say to those who desire to take that course is that they should suggest something different and something better, and if they can suggest something different, with a view to remedying this grievance, they are entitled to be heard but not otherwise.
The means which the Attorney-General has suggested seem to me, in a rough-and-ready way, to arrive at a result which we can support. It is not an ideal solution, but still it is a solution than which at the moment I can see no better. As I understand the principle of the Bill it is this. It says with regard to those tenants who have paid in the belief (which we know to have been the intention of the House of Commons) that what they were paying was being properly exacted from them, "You have no grievance and we must just let matters stand as they are." On the other hand he takes the tenants who have not paid because they relied upon a legal decision. The Attorney-General does not say to them, "Although you have been paying what has been discovered to be the legal payment, you shall nevertheless be obliged now to pay something more which you were not bound by the law to pay." He says "up to 1st December last year matters shall remain where they were, but after 1st December you shall pay the increased rent, because it was then announced by the Prime Minister in the House of Commons that he was going to bring in legislation for this purpose."
While this is only a rough-and-ready solution and not an ideal one, it is at least sufficiently equitable and fair to justify us in giving it our support. I think, however, that the Bill does not go far enough. There are payments which have been made by the property owners—payments which I think ought now to be returned to them. Take the case of the tenants who have not been paying rent, but have been relying on a theory of the law which has now been held to be good. The landlord has been paying the landlord's rates to the rating authorities upon an assumed rent which he was not receiving, and which according to the decision it would have been illegal for him to exact. In addition to this, the landlord has been paying also the tenant's rates upon rents which he was not entitled to charge, according to the House of Lords' decision. The rating authorities have these moneys.
That would apply to Scotland only.
I am afraid I have been speaking more of my own country. The rating systems of England and Scotland are different to some extent. The principle I am laying down is a sound one. In those cases where the rating authorities have obtained from the property owners moneys which were never really exigible under the decision, the property owners are entitled to get them back. That, perhaps, is more a Committee point. For all the reasons which I have given, and in view of the great difficulties in which various property owners and tenants find themselves, I shall support the Second Reading of the Bill. An hon. Member told us just now that there is a great fever in Glasgow on this question. I know there is, but I think he could do a considerable amount to allay that fever, and I hope that when this Bill becomes law, he will inculcate the very sound principles upon which he discoursed this afternoon as to the great benefit to be derived from stable institutions and the proper observance of the law.
If I intervene for a short time it is because the question before the House is one with which I was unfortunately familiar for a considerable time when Minister of Health. The problem which is embodied in this Bill is one on which the late Secretary for Scotland and myself were occupied for a considerable time. I must confess that from my consideration of the case I should never have thought that we should have a Bill introduced, supported by arguments and framed on the lines which have been detailed to-day. My right hon. Friend who has just spoken has evidently with very great reluctance and with much doubt and hesitation come to the conclusion that he will vote for the Second Reading of a Bill which he does not like. I have no hesitation in voting against the Bill. Whatever solution may be found to this question, I have not heard one argument advanced to-day which would make me confident that an equitable solution had been found in this Bill. This question is not as new as the Attorney-General endeavoured to make the House believe. He led us to imagine that until the House of Lords' decision last November very little, if any, agitation had been going on in the country, and that few, if any, decisions had been arrived at. I find, on looking up my records, that I presented a memorandum to the Cabinet on this subject in January, 1922, and at that time representations were being made to me by property owners and housing associations to the effect that as far back as that, and before that date, tenants were refusing to pay increased rents owing to decisions which had then been given on this point. That is a very important thing to remember. Of course, the decisions were given before January, 1922. Therefore, this question dates back very much further than the date which the Attorney-General suggested in order to justify the remarkable date of 1st December, which is mentioned in the Bill.
I go further than that. The Attorney-General quoted speeches made by a predecessor of mine in this House. He adopted a practice against which he would be very careful to safeguard himself in any court of law. In interpreting an Act of Parliament before a legal tribunal, it is a well-established principle of our law not to go into the question of the intentions of Parliament, but to consider the wording of an Act as it stands. It is a very dangerous practice to go back to the intentions of Parliament by quoting from speeches made in Debate, for in Debate many opinions are expressed. Section 3, Sub-section (1) of the Act of 1920 provided that
The procedure has been this: There were two litigants, the landlord and the tenant. They differed as to the interpretation of an Act of Parliament and the House of Lords decided in favour of the tenant. What the Attorney-General invites us to do is to reverse the decision and to legislate in favour of the landlord. There cannot be any dispute about that. You may argue that the decision which seriously affected the landlords of the country is an unfair decision, is one which Parliament did not intend, and that Parliament is therefore entitled to alter it. But you cannot get away from the fact that as far as litigation is concerned you are reversing a decision in favour of one of the litigants. That is a very serious thing for Parliament to do. The last speaker stated that he was most reluctant to vote for the Bill. Another hon. Member from Glasgow made a most excellent, most forcible and powerful speech in favour of the rejection of the Bill, and referred to the enormous danger of this precedent and the kind of atmosphere that would be created by spreading the idea that legislation is introduced to take away from any people what the Court has given them, and to do it for the benefit of those who are better off. Unless there is an overwhelming necessity I cannot understand hon. Members opposite, of all people in the world, voting for this Bill.
The last speaker made a suggestion which I intend to endorse. He said that this is not the only opportunity or method of dealing with this matter. When another Rent Restrictions Bill comes before the House and the tenant is asking for some further concession, it might be the moment for an excellent and a much more equitable arrangement than that in this Bill. The solution of this Bill is monstrously unfair to everyone concerned. It embodies the principle that people who do not pay shall be treated better than people who do pay—a most remarkable doctrine to come from a Conservative Government. How is it justified? The Attorney-General says, in effect, "Oh, there were a lot of gentlemen of kind disposition, weak, ignorant, foolish and careless, people who knew what Parliament meant and they paid the increased rent without question. They were not cantankerous Scottish litigants; they had not the keen intelligence of those north of the Tweed; they did not study these things carefully, and, therefore, did not go into a court of law, and, not having done that, no regard is to be paid to them whatsoever." If they had gone into a court of law and got a decision, of course, some regard would have been paid to them. What an extraordinary new doctrine to propound! Surely, it has been the accepted practice for many years in this country that, where litigation is proceeding affecting a number of people, a decision is secured by means of a test case. The Attorney-General seems to have overloked the fact that very large numbers of people were going on paying their rents and not entering into litigation because they knew this case was going to the House of Lords and they, naturally, expected, and had reason to expect, that if that test case were decided in their favour they would have the benefit of the decision without further litigation.
It is an incredible assumption to say that these people should be treated in a manner entirely different from those who have had the decision in their favour. Surely this House will not tolerate such an assumption. It would lead to a congestion of litigation, probably not altogether ungrateful to the members of the legal profession, but by no means in the interests of the country. Some notice should be taken of such a novel principle being introduced by Statute. The Attorney-General tried to justify this date of 1st December, and it would seem that the Government have devised some new form of legislation by ukase of the Prime Minister and the Treasury Bench. It is the most extraordinary thing I have ever heard of. The Prime Minister simply gets up and says that the Government intends to do a certain thing and that is to be taken as notice of an Act being passed. The House knows very well that of the Measures which are announced by Governments a great many are never passed and a great many more are never even started on their way to the Statute Book. Is everybody in the country to live in a state of apprehension at every Ministerial announcement of intended legislation? If so, it introduces a new terror into our existence. This proposal surely cannot be seriously intended. Of course the real explanation of it is that there is no logical date and that the Government adopted this date which seemed to them just about as good as any other date they could think of.
As a matter of fact, you cannot compromise on this point. Either you ought to go the whole hog or nothing. You ought to say that the tenant is entitled to a new Act as much as the landlord instead of creating an arbitrary date, a date which has got no legal meaning and is simply introduced for the purpose of trying to give a bit to everybody and effect a compromise, which in fact will please nobody. I do not think that is a very happy thought any more than the idea that the people who either have not paid rent or have litigated will be treated better than the others. The Attorney-General was in his most conciliatory manner, knowing the rocky path upon which he will have to walk in connection with this Bill—I am glad that task has passed from my shoulders—and he has indicated that in the Committee stage he will show all possible respect for Amendments. If this Bill were really amendable in Committee stage, I would not be so strongly inclined to vote against it on the Second Reading, but I do not think it is capable of Amendment in Committee. It has only one good point about it, and that is Clause 1. In regard to that I respectfully differ from the right hon. Gentleman in reference to the question of retrospective legislation, and when I was Minister of Health I always objected to retrospective legislation. As the law stands at present, the landlord has got to give notice, and it is only after that lengthy notice has expired that the increased rent comes into operation. That, I think, is quite unfair and a hardship on the landlord. It is a matter which requires remedy. There is another point on which everybody agrees, that the notice to quit is a technicality which should not exist. Surely it is much better to do away with it than to insist upon its being served. Although many hon. Members of this House are well acquainted with all these Acts, there are many people who are not so well acquainted, and therefore there is room and need for legislation without necessarily making that legislation retrospective. That is why Clause 1, which is not retrospective, is the one part of the Bill which, it seems to me, should be allowed to stand, but that is only a small part of the Bill, and as the Bill on the whole appears to me to be objectionable in principle, unfair in its execution, and to favour one class of the community as against another, I do hope that if, after the criticisms directed against it, the Government do not see their way to withdraw it, the House by its vote will show its opinion on this matter.
I am sure the House was very interested in the speech of the right hon. Gentleman the Member for Swansea (Sir A. Mond), and nobody was more interested than myself, because I have had the opportunity of noticing the different attitude which my right hon. Friend adopts when he is in office with that which he adopts when he is on the Opposition Bench; when he is certainly much freer, and, if I may say so, much more humorous. I admire him in both positions. As one who has also undergone some experience in connection with this legislation, I must confess, that when I see another Rents Restriction Bill drafted, as I think, in obscure terms, I look with great anxiety to see what the real meaning of the Measure may be. There has been an absence of work in the Temple during the last three or four months, but during the last few days many counsel have been busily engaged in trying to make out what my right hon. Friend's Bill means. I understand a good many people have been consulting their lawyers as to whether the intentions of the Government are really carried out in the Bill before the House, and in the very best spirit, I suggest to the Attorney-General that he should look at his Bill once again. I do not like to prophecy before I know, but I venture to say he will have to amend the Bill in many respects, if it is to follow the excellent and lucid speech which he made this afternoon. The first thing the House has to do after the experience of the past is to see that this Bill, at any rate, is watertight, and that we do not have more litigation and more Bills in consequence.
The great difficulty one finds in regard to this Measure is that it means retrospective legislation. I share to the full the opinion expressed by my right hon. Friend the Member for the Hillhead Division of Glasgow (Sir R. Horne), and I ask the House to keep before them certain points so far as retrospective legislation is concerned. In the first place the case for it must be overwhelming. Secondly, the injustice which it seeks to remedy must be manifest, and thirdly, it must be passed with the general assent of the great body of citizens in this country. If these three conditions are not satisfied no Parliament can justify the passing of retrospective legislation, but I attach a fourth condition which I regard as equally important. If we once invoke the remedy of retrospective legislation it should be complete and should not in itself create further injustice. In the present instance there is, it seems to me, an overwhelming case for something being done. I do not approach this Measure as a landlords' man; I have endeavoured on these questions of housing and rents restrictions to take the case on its merits. With reference to the suggestions which I put forward in connection with decontrol, and which I believe expressed the view shared by the Leader of the Opposition, I had a letter the other day from a lady, who said she approved of what I had been saying, and to quote her owe words— particular man had to serve appeared in the Act of Parliament. I think I can say with confidence—because hon. Members opposite were present in the Committee—that from beginning to end of the proceedings on this question not a single word was said about the notice to quit. There was no reason to serve the notice to quit—at any rate, that was the popular or layman's point of view. The tenant who received a notice to quit was no better off for receiving it, and with all respect to some of the arguments which have been addressed to us this afternoon from hon. Members opposite, no single tenant has been in fact any the worse for not receiving the notice to quit. That was the form which the gentleman of whom I am speaking bought and served on his six tenants. They received the notice, they paid the increased rent, and time went on. Only a short time ago, to his surprise, he received six letters in identical terms, and, to give some idea of what is going on in the country, I will read one of these letters. It is a curious thing to come from a working-man tenant: moment accepted the view that my right hon. Friend opposite put forward, that this House was not above the Law Courts, I venture to say he would be one of the first to object in very many directions. This is not a case, so far as this country is concerned, of obtaining justice for the large landlords, because, so far as this country is concerned—and I am confining myself strictly to what I know—landlords in this country, the large ones who went to solicitors, were advised that as an excessive precaution they had better send the notice, but it was the single house owner, who has not had the opportunity of going to a solicitor or thinking of it, who is in the difficulty to-day, and his case certainly does deserve consideration from this House.
I will put another aspect of the matter before the House. Notices to quit have been served, to my knowledge, and I have seen any number of letters back from tenants, indignant letters, saving, "What do you mean by sending me a notice to quite from my property? I understand that Parliament during the War and afterwards is going to keep me here as long as I pay rent." I venture to think that a large number of landlords—I do not say all of them—did not serve their notices to quit on that account also. Therefore, so far as tenants are concerned, there is no hardship in the course that we are taking, and that view, I am glad to say, is shared by the reputable leaders and officers of the Tenants League. I dare say many hon. Members know, for instance, Mr. Ryder. They do not perhaps agree with him. They know he has been very active in the interests of the tenants of this country. He has actually had a Tenants League to fight these rent cases, but he has not hesitated, so far as the tenants of this country are concerned, to say that he thinks it would be doing a mean and unreasonable thing to take advantage of a technical decision of this kind, and therefore I say to my right hon. Friend, when there is an overwhelming case of this nature, that it is only right and fair that Parliament, which is above the Law Courts, should put it right.
What troubles me in connection with this Bill, I at once confess, is the way in which the Government is dealing with it. I think there is a very fair case indeed for retrospective legislation, but the worst kind of retrospective legislation is when you end up your proposals with what is called a compromise. Precedents have a way of being twisted in their application to cases which are not parallel, and the most undesirable precedent that you could create, when you have an overwhelming case for retrospective legislation, is to finish it with a compromise, because whenever Parliament in future deals with, a weak case of retrospective legislation, it will point to the action which we are taking in this Bill and say, "We can adopt retrospective legislation here, because we need not go the whole way, but can adopt a compromise." Further, I think this Bill is not an encouragement to good tenants, and I think and hope it will be shown in Committee, where we can more properly deal with it, that it will create some very striking inequalities indeed. The tenants who have taken advantage, as I think, of a technical point will put very large sums in their pockets, and they will do it by the action and confirmation of this House. The landlords who happen by some unfortunate circumstance to possess these tenants will have to forego very large sums of money. The tenants who have paid regularly, and who have not exploited the position, may well complain that they have not been encouraged much by the action of this House when they turn and see their neighbour, who has not behaved, as I think, properly, being able to put in his pocket large sums of money as a consequence of this Act.
As the right hon. Gentleman opposite said a short time ago, one of the worst features of this Bill is where landlords in Scotland actually have had to pay money for increases of rates and rents which they have never received. I cannot conceive a worse injustice than continuing that proposal to-day. I share this view with my right hon. Friend that, at any rate, a cynic may well be pleased at such proposals coming from a Conservative Government. In my judgment, when you once have retrospective legislation, you ought to go through with it logically to the end and do justice and fear not. This is a compromise, and it has all the disadvantages of a compromise, and I think the Government would have been far better advised, inasmuch as I presume we have done with compromises and shifts, which were supposed to be the attributes of the last Government, to have taken a courageous course. This Bill is courageous up to a point, but then the Government seem to falter, and I hope the Attorney-General will reconsider it, because I want to vote for the Second Reading of this Bill, simply because I want to see some justice done, but I am by no means content. I do not think justice is being done by any means to the landlords.
I want to say, in conclusion, that the Minister of Health, in the various meetings which he is addressing, and other Members of the Government, in discussing the housing situation, have said that the great thing is to get confidence restored to the people who build houses and who lend money on houses in this country. That is a very excellent plan, but I doubt very much whether this Bill will promote much confidence. I think the people who have had much to do with house property and are witnessing these proposals, and seeing how the bad tenant is rewarded and the good tenant ignored, how the landlords, for some reason or other, have very unfortunate impositions put upon them, will not feel that this is a very great encouragement, or that it will restore very much confidence. I should have thought the best way of restoring confidence to the private builder and the man who lends him money is, at any rate, to do justice and take this matter through to its logical conclusion. I am much indebted to the House for listening to these remarks. I have put, at any rate, a sincere view before them. I have no particular party view to take on this matter, but I think that, whilst the Government have done right in bringing in retrospective legislation, they have hardly gone the length that they ought to have gone, and that one would have expected from such a courageous right hon. Gentleman as my friend the Attorney-General.
This Debate has now continued for some three hours, and though speeches have been made from all quarters of the House, up to the present no hon. or right hon. Member has spoken, except the Attorney-General who moved the Second Reading, in unreserved approval of this Bill. The hon. Member for West Woolwich (Sir K. Wood), who has just sat down, told us, in a paren- thesis, that he was going to vote for the Second Reading, but if it had not been for that parenthesis, I do not think anybody listening to his speech would have drawn that conclusion. The truth is, that while this is undoubtedly a very difficult subject, and a very grave subject, the proposals which are embodied in the Bill do not appear to be proposals which commend themselves unreservedly to any quarter of the House. It being a very grave matter, I desire to say a few words about it, as far as I am able to do so, without going in for technicalities or lawyers' jargon, for, really, the question involved in the Bill is not what is sometimes called a lawyers' question at all. We are all of us tenants, some of us, possibly, may be landlords, and the difficulty with which this Bill seeks to deal is a difficulty which touches all sorts of people, especially poor people, both tenants and landlords, in many parts of the country. I should like to add that, in my view, and I think in the view of many people in the House, it is not a class question. It has nothing whatever to do with those controversies which are sometimes unhappily thought to divide one class from another. It is not either a question of tenant versus landlord or of landlord versus tenant, for we have to remember that some of the hardest cases are cases where the so-called landlord himself is the tenant of a small house, and the so-called tenant is merely a person who is taking occupation of one or two rooms from this workman-landlord. Therefore, there is nothing here which ought to be decided on grounds of any class controversy, and we shall deal with the matter fairly and justly only if we try to avoid taking either what is called the tenant's view or the landlord's view, and take as far as we can the fair view.
7.0 P.M.
My right hon. Friend the Attorney-General displayed, if he will allow me to say so, as he always displays in this House, the most remarkable power of clear exposition in the earlier part of his speech. He put us all under a great debt of gratitude, because he makes difficult things as plain as they can be made by the English language. I am bound to add that my right hon. and learned Friend, when he finished his exposition of the history of the legislation and of what had happened in litigation, and approached what was really the more important part of his task—explaining what the Government proposal is—skated over it rather less elaborately, though, of course, with quite equal skill. My right hon. Friend the Member for Swansea (Sir A. Mond) asked the Attorney-General why he did not go what he called "the whole hog." I quite understand the Attorney-General's difficulty. The proposition that the new Government, of which the Attorney-General is so distinguished an ornament, should take up the task of altering the law so that it may correspond in all cases to everything that the last Government ever said, promised or intended, would, undoubtedly, put an end to the reign of tranquillity. But let us look at the proposal as the Attorney-General presents it I feel, as others feel, that there are grave objections to retrospective legislation. I thought the hon. Gentleman who spoke last (Sir K. Wood) denned most admirably what the circumstances are when retrospective legislation may be permitted. No doubt, it may sometimes be justified where a result which the Law Courts ultimately declare is wholly contrary to everybody's understanding, and where there is a general opinion that the law should be changed to correspond with what everybody thought. In those circumstances, retrospective legislation is a perfectly just thing. Once you go beyond that, you are dealing with a very dangerous kind of proposal.
For my part, I do not think the real objection to this Bill, the fundamental objection, is that it involves retrospective legislation. The fundamental objection is, that while it proceeds to alter the law retrospectively, to go back and tell people to-day who held a certain position yesterday that henceforward they are not going to be regarded as though they did hold that position yesterday, it does not deal in the same way with people who have got equal moral claims. You have got the case of the landlord, very likely quite a small man, who has put his savings into acquiring one or two houses—the whole of his worldly wealth. He is a landlord who, dealing reasonably and considerately with his tenant, took up this position. "You tell me you are advised that, as a matter of fact, I ought to have given you along with my notice to increase the rent a necessary, though entirely artificial, notice to quit. I do not know how that may be. I am not good at technicalities, but you and I understand one another, and as far as I am concerned I am prepared to let things be at present. You need not pay that extra piece of rent and in a little time we shall see how this thing really works out and what the law really is." What does the Attorney-General do for that landlord? The Bill says, "Inasmuch as you have acted considerately and have not compelled your tenant to pay a doubtful payment on the nail, you shall never get the money." Now take the case of the harsh landlord; because there are harsh landlords as well as considerate ones. The harsh landlord says, "I do not care twopence about your technicality. I have plenty of means of making clear to you that you shall pay, and must pay, and I insist on your paying here and now, whether you like it or not." The tenant says, "Very well, then, I pay. I pay because there is a law which tells me that if it turns out that I am overpaying you I can get it back." What happens in that case? The harsh landlord has got the money, and the tenant is deprived of his right of getting it back. That is one of the peculiarities of this legislation. I think the Attorney-General will confirm me in this, but, as I understand it, as a general rule, when one man pays another man money and says it is without prejudice, he will find, as a matter of fact, that is a poor reason for suing in a Law Court for getting it back. He will be told, "You have paid it, and having paid it you cannot get it back." This rent legislation has got in a very peculiar and unusual Clause, a Clause which says that, in the case of the payment of rent within the scope of the Act by a tenant to his landlord, if the tenant does in effect pay the landlord more than the landlord should rightly claim, the tenant shall have a right to get it back. The Attorney-General's Bill says to the tenant who may have overpaid his landlord when this matter was in doubt, but who knew that none the less if the tenant view turned out to be right he would be able to get it back, "You shall not get it back; you may have paid it without prejudice, but you shall not get it back." The only kind of tenant who is benefited by this retrospective legislation is not the tenant who acted by arrangement with his landlord, both sides agreeing to let things stand and to put it right afterwards, but it is the tenant who has succeeded in resisting the claims of his landlord until this moment. It seems difficult to justify that.
The point I am making is not that the legislation is retrospective. The point I am making is that, having resolved to introduce retrospective legislation, the Government says to one man: "You shall forfeit the position which the law gives you," and it says to the other man, "'You shall benefit by the position which the law gives you." It says to the tenant who has already overpaid his landlord at a time when the tenant was entitled to claim back the overpayment, "You shall not be paid back," and it says to the tenant who took up the position, "I am not going to pay you more, because I am sure that the smaller sum is right," "You are the person who is going to gain while your neighbour is going to lose." The point was put by the hon. Member who seconded the rejection (Mr. Wheatley), and who spoke with great force and with great knowledge. He said, "You have the owner of small house property—very often a poor person—it may be a widow or a man who has retired on a small pension, and owns a couple of small houses. In one of those houses there is a man, A, B, who has agreed with his landlord, though not being confident that his landlord is right and has paid the landlord more down than his neighbour, knowing that he may be able to get the money back if as a matter of fact the House of Lords is in favour of the tenant. Next door, C, D, a tenant living in a similar house under similar conditions, with the same landlord and the same rent, has kept his landlord at arm's length, has resisted him, has not paid, or has subsequently subtracted the excess from the rent. Here are these two neighbours side by side, and as the law stands at present both find themselves in the same position in the end." But the Attorney-General's Bill comes in and says, "I am going retrospectively to introduce a change. The change is one which is going to benefit one tenant and leave the other without protection." I cannot believe that all the wisdom which has been applied to this subject can leave matters like that.
What remedy would the right hon. Gentleman suggest?
I do not think anybody has any business to criticise unless he has thought about what should be done. I am far from claiming that wisdom which would propound a solution straight off, but I have thought about the matter and I shall have something to say. There is a second objection which was mentioned by both the ex-Chancellor of the Exchequer and by the hon. Gentleman who has just spoken. There is the position of the landlord who himself pays rates on small houses, whether by compounding, as is common in England, or has paid under Scotch law, which, I understand, requires him to do so. You are going to say to a landlord who has been paying rates on the basis that his house has got a higher rental value, though he has not yet collected the higher rent, "You are never going to be able to collect that rent, for the Attorney-General's Bill is going to stop it." The Bill makes no provision at all for the landlord who has paid rates on the higher basis. That seems a very odd result of retrospective legislation.
Finally, there is this, which is really the most important consideration, and in part it answers the question which the hon. Gentleman so courteously put to me. It is all very well for us to be invited now to occupy our time and the time of Parliament not only in Second Reading, but in Committee—and the Attorney-General contemplates considerable discussion in Committee—on a Bill which deals with a mere corner and fragment of the problem. It is not as though the King's Speech had not announced that this Government was going to introduce other Bills to produce more houses and to deal with rent restriction as a whole. This Bill is not going to build any houses. It is not going to give the least encouragement to anybody to build a single house. As far as it goes, it is a notice to landlords that house building is a rather uncertain operation, calculated to be undermined by retrospective laws. Not only so, but how does the thing stand as regards the main proposals of the Government. We have the Minister of Health, who from day to day makes pronouncements in a particular corner of the country which, I understood at Question Time to-day, must by no means be assumed to be the considered and decided opinion of His Majesty's Government. In the meantime, the housing schemes under the Housing Act of 1919 are practically exhausted. There are practically no more houses going up. The Unemployed Grants Committee is, by express direction, not to use the public money it administers for assisting the building of houses. We shall have to wait until this legislation is introduced and carried into law before we get moving. The thing that really matters is the building of houses and dealing with rent restriction as a whole, and the House of Commons should object to being asked to undertake the discussion of this Bill, which, on the face of it, has got so many objections and shortcomings, when it is obviously a mere corner of what ought to be dealt with as a single problem. I said it is not a lawyer's question. One may in one's private occupation pursue the profession of the law and still feel as much as anybody in the House feels the real problem here, the problem of the slum, the problem of the man who has had his rent increased in a period of depressed trade and unemployment. That is the root problem of housing, and, instead of that, we get this Bill with its retrospective character.
I think that when we do come to tackle the question, it may very well turn out that the true method by which this kind of difficulty should be attacked is rather this. I should be disposed to draw a very sharp distinction between the cases where the increase of rent, even though it has not been accompanied by the formality of a notice to quit, is the result of a fair bargain on equal terms between the landlord and the tenant, and the cases where the increase of rent, which has got the imperfection of no notice to quit attached to it, is the result of exaction or overpressure. [An HON. MEMBER: "What pressure?"] I am sure the House will let me put my case. You have a small house-owner who has a tenant and, as very of ten happens, the house, unfortunately, is in need of repair. In many, many cases it would be most unfair to say of the house-owner that he is not anxious to spend money in making the repairs as far as he can, but he cannot make the repairs unless he is going to increase the rent. He meets his tenant, or possibly they live under the same roof, the tenant in two rooms, and the owner occupying the rest, or he may be a small property owner with two or three houses to manage. The tenant says to him, "This house is in such a state, that it is not decent or right to ask anybody to live in it, and you ought to spend some money on repairs." The property owner says, "Very well. I will spend £50 on repairing it, but only on the terms that the law provides, which is 6 per cent. on the expenditure, and that will add £3 to the rent." The tenant says, "That is quite right. Give me a watertight house, with decent sanitation, and the increase of rent is perfectly fair." I think, in the circumstances, the tenant who, having struck that bargain, then takes advantage of the technicality that he was never given notice to quit, is a dishonest person, and, whether he goes on strike or not, I object to such a poison being given favoured treatment. On the other hand, if it should be really the case, as may turn out to be true, that the increases of rent provided for in the Act are increases of rent which have been claimed oppressively and unfairly, I should feel entirely differently as regards such a case.
Already we have got in our County Courts in England—and, I believe, there is a similar practice in Scotland, though I am not sure—a very simple machinery, largely worked by the Registrar of the County Court, who is constantly engaged in fixing—very often as a friendly arbitrator rather than as a judicial authority—some question connected with rent, and it may very well be that the true way of solving this problem is not by drawing a wholly unmerited distinction between two classes of persons who stand on the same level in the law, but by endeavouring to sweep away this very great difficulty, first by amending the law for the future and then by providing that those who seek to take advantage of the technicality which has emerged shall only be entitled to take advantage of the technicality in cases where there was not any real justification for the increase that was made. That, at any rate, would be fair. That, at any rate, would be treating everybody in the same position alike. But my objection to this Bill is that it is a Bill that is retrospective in character, without being impartial in its operation. It is not only not impartial in its operation, but actually favours people who, as compared with their neighbours, do not deserve preferential treatment. It has nothing whatever to do with producing more houses, or solving the real difficulty of housing, and its discussion as a separate Measure is only going to delay that which is one of the most important duties of the House of Commons, which is to deal with the question of housing, and the whole subject of rent, as quickly and as thoroughly as possible.
The right hon. and learned Gentleman claimed that this Bill was not anything in the nature of class legislation. From one point of view, that is perfectly correct. It is a legal decision with which we are dealing, but if this House upsets the decision of the House of Lords, there is no power under heaven that will prevent the average man outside from believing that this Bill has been animated by a class prejudice, and this Bill will be looked upon as an evidence that the majority of the House are, at least, favourable to legislation that is intended to benefit one section of the community as against another. We Members on this side of the House do not deny that there are good house owners as well as bad. We also agree that the whole question of rent restriction is not pleasant to contemplate either from the point of view of the tenant or the point of view of the house owner. Rent restriction was introduced because it was a very pressing necessity. Had it not been for the policy of the late Government—and most of the members of the present Government were supporters of the late Government—there might not have been any necessity for rent restriction at all. But you have had rent restriction for a number of years. I do not know that there is any law which has been so much amended as the Rent Restrictions Act during the last seven or eight years, and the particular Act with which we are dealing was the one passed in 1920. I am glad to say that the Labour party was not responsible for the production of that Act.
Questions as to its meaning have been considered in various courts of the country. Litigation has been going on in Scotland ever since the Act was put upon the Statute Book. Some judges decided that the tenants were not entitled to have the relief which the Act laid down. One judge in the County of Dumbarton decided that the tenant was entitled to have his increased rent returned to him if the houseowners had not given him notice to quit. That decision was not accepted by the houseowners, and the case went to the Sheriff's Principal, who decided as his substitute had done. It then went to the Court of Session, and from there to the House of Lords. I am not able to say how many legal minds have been concentrated upon this particular question before the decision of the Lords was given. I demur very largely to the suggestion contained in that part of the Attorney-General's speech which refers to the decision of the House of Lords and where he accepted largely the point of view of any number of special pleaders in the Press for the landowner's case that there was only a majority of one in a court of five. Why, as a matter of fact, you can hang a man in Scotland by a majority of one. The majority in the House of Lords, after careful consideration of the whole question, came to the conclusion that the owners were not entitled to get an increase of rent unless they carried out the other parts of the law.
It is not correct, to say the least, that the owners did not know what the obligations were. They knew perfectly well. They were advised by their lawyers that to make the claim for increased rent legal it was essential that they should give notice to quit. There is a large proportion of houseowners in Scotland who did give notice, and carried out the instructions given to them by their legal advisers. I understand that in the East of Scotland and in Edinburgh this case will not arise, because the owners of houses in that part of Scotland gave the legal notice, and there are any number of places in the West of Scotland where the same thing was done. I venture to say that in the vast majority of cases in England the notice was given which made the claim for the increased rent legal. Not only are you seeking to pass legislation of a retrospective character to make legal that which owners knew was illegal when they did it, but you are selecting those very houseowners who, in face of the advice they got from their legal advisers, deliberately set at naught the decision of Parliament itself. I want to suggest to the Government that it will be an extremely dangerous policy for them to pursue to press this Bill through the House, put it upon the Statute Book, and give an indication to the country that all that people who are in the position of houseowners require to do is simply to ignore any particular Act of Parliament with which they do not agree, and a year or two afterwards to come along and ask the House to upset its previous decision.
I gather from the statement made by the Attorney-General that he was dealing with this matter as if it were a question affecting Scotland alone, or at all events, very largely Scotland. I think that was made perfectly manifest in view of what was said, but the Attorney-General did not seem to be quite aware of the actual conditions of the people of Scotland. One-eighth or one-ninth of the total occupiers of houses in Scotland, as my hon. Friend the Member for Bothwell (Mr. Robertson) pointed out earlier in the Debate, had not the opportunity to take their case, as private tenants would do, to the court and get the money returned in the event of the sheriff deciding in their favour, for the reason that their work and their houses are one and the same thing.
There are 150,000 miners in Scotland distributed over some six or seven counties. They are tenants of houses owned by the colliery companies. Before they start work at all they have to sign a paper giving to the employer the right to deduct from their wages the rent that is due for the houses they occupy, and the colliery owners, the landlords of this large number of occupying tenants, have paid no regard whatever to the decision of Parliament on this question. Nobody, not even the learned Attorney-General, would for a moment suggest that they had not the highest and the best legal advice upon which to act. They have continued to deduct the increased rent from the date of the passing of the Act until the present time.
I want to draw the attention of the House to another aspect of that particular question of which probably they have not yet heard. We are all aware that during 1921 the miners were locked out for three months. The miner occupiers of the houses ran three months in arrears with their rent. When they resumed work, notwithstanding that they had never received any notice to quit, and that the owners had not put themselves in a position to increase the rent by the 40 per cent., the owners deducted from the men's wages, not only the current rent, but a proportion of half of the current rent, weekly or monthly as the case might be, to make up for rent that had been running in arrear during the stoppage. I have known cases where the poor house-owner, who was also the coal-owner, had taken from the wages of the miner half of the current rent, and left the man to go home to his wife and family with the magnificent sum of 1d. I am not making any exaggerated statement. I had to deal with the case about which I am speaking. So I would suggest to hon. Members opposite that it is a mistake to imagine that they are only dealing with the small-owners on this question.
Nobody has more sympathy with the small owners than we on this side of the House. We have no desire to injure the small owner at all; but it is not merely the small house-owner who is involved in this question, because in nine cases out of ten the small house-owner is personally and intimately acquainted with his tenants. I know numbers of cases where the small house-owner has not yet increased the rent by the legal amount, but I do not know a case—and not a single case, I venture to say, can be produced to this House—where the large house-owner, or his factor, has not failed to take full advantage of every penny they were entitled to get under the Act of 1920. I want to suggest to hon. Members opposite that you cannot very well get away from the atmosphere created particularly in the West of Scotland because of the exactions of unscrupulous house-owners. After all, you would not require to pass legislation at all for the guidance of men if in their conduct towards each other they acted fairly and squarely. It is the unscrupulous men always against whom you have to pass laws, and it is the unscrupulous man who is going to gain by this. Hon. Members may tell me that there are unscrupulous men amongst the ordinary tenants. I am quite willing to admit that. We are not here to say that everybody who belongs to the ordinary working classes is absolutely perfect from any point of view. Neither indeed will hon. Members opposite say that, and that all house-owners are perfect. I am putting to you a case where you cannot, and I hope will not, be misled into the belief you are doing an act of justice to the small owner, when I draw attention to the fact that the large coal-owners of Scotland have taken full advantage of this particular power to increase rents; they are not to be looked upon as men who are entitled to have such sympathy manifested towards them as to warrant Parliament undoing the decision given in the House of Lords.
There is another element in this matter to which I would wish to draw attention, and that is the very considerable number of unemployed. Amongst these there is a considerable number of men who served in the War. These men largely have refrained from paying increased rent where they have not had notice to quit. I have no hesitation in saying that when an ex-soldier or an unemployed man came to me and asked my opinion on this matter, if he had not got notice to quit, I told him not to pay anyhow until he had made up what he had paid in excess of the amount allowed prior to the passing of the Act of 1920. But if he failed to do so, and continued to pay his rent, and if he accepted the decision and went before the sheriff, or if the house-owner raised an action and brought him before the sheriff for the purpose of turning him out—and we have known cases of these men being compelled to pay a proportion of their unemployed benefit in the payment of arrears of rent which the men were not entitled to pay, and ought not to have been called upon to pay even the increase itself, well, we can hardly help it. But, as things are now in the West of Scotland, there are very many unemployed, and I am afraid if you make this Bill an Act, instead of reducing our difficulties you will add very considerably to them.
It would be an advantage to ask if the English Members who are not so very much interested in this question would kindly abstain from taking any further part in it. I am quite convinced that there are not any Members coming from the industrial districts of Scotland who are honestly and sincerely behind the Government in the proposals they have submitted to the House to-night—not one of them. While I am anxious as an individual and a member of a party that that party with which I am associated should grow to a position of sufficient strength to enable them to occupy the place that the learned Attorney-General is occupying just now on the front Government Bench, I do not want them to be put in that position to believe that the first thing they have to do is to undo the Acts of Parliament that have acted harshly towards the ordinary working-class population of this country.
Do not make any mistake about it. We have more to complain about and more need for retrospective legislation than have hon. Members opposite, and if they make retrospective legislation popular, if they do not only make it popular but the right thing to do, then hon. Members who will vote on this question to-night will not, in my opinion, nor in the opinion of the Labour party, be performing a very useful or good service to the country in the view of the future. I sincerely hope that the Government will not press this legislation to a conclusion. There is little or no difficulty in this matter now. It is largely a question of propaganda. [HON. MEMBERS: "Hear, hear!"] Yes, but not from our side. We are entitled to tell the people what the law is. In doing so we ought not to be accused of propaganda. If, on the other hand, we advise them to take a certain course, which would be to set the law at naught, we would be guilty of conduct that would be condemned on both sides of this House. We are not wanting to be put into that position. I do not mind saying that if hon. and right hon. Gentlemen on the other side of the House proceed in carrying legislation of this kind, then they will create a situation amongst the working-classes generally which will go a long way to disturb the equanimity and good relations existing hitherto between house-owners and tenants.
It would be a mistake to imagine that anybody on our side is satisfied with the Rent Restrictions Act, or any of these Acts. The one thing that is wanted is houses, and nobody requires them more than the working classes, and no section of the people require them more than the part of the country represented by Scottish Members, more particularly in the Western Division of Scotland. In that part of the country the conditions are scandalous, and there is not a single hon. Member on either side who would have a single word to say in defence of some of the owners who are responsible for demanding rent for the class of houses now being occupied in the West of Scotland.
Thousands of these houses have been condemned as absolutely unfit for human habitation, not in Glasgow alone, because there are infinitely worse cases in the West of Scotland than in Glasgow. Some thousands of these houses have already been condemned, and yet the owners are drawing 40 per cent. increase and the 25 per cent. increase which should be only exacted upon the condition that they keep the houses in a proper state of repair, and they are not doing that. Nevertheless they are taking the full 40 per cent. increase. Meantime my main anxiety in this connection is to ask the Government to seriously consider the wisdom of withdrawing this particular Bill, because no matter how it passes you cannot amend it and make it satisfactory. You cannot amend it so as to make it bring about more peaceful relations between the house owner and the tenant.
What we ought to do, if possible, is to re-establish some sort of cordial and peaceful relations between landlord and tenant, and I believe that can be done by Parliament if we set ourselves the task. If, on the other hand, hon. Gentlemen opposite prefer to take advantage of their numerical strength to pass legislation of a retrospective character, which cannot be separated from class legislation, if you adopt that policy, then you are beginning a policy that I believe—I am hopeful that most hon. Members opposite will agree—will result in nothing but evil to the wellbeing of the country. Again I appeal to the right hon. Gentleman to withdraw this Bill for the reasons which have been stated. I speak as one connected with the mining population and evidently the Government have paid no attention to that aspect of the question. The miners represent a very large proportion of the population in the districts for which I am speaking, and they are going to be very much affected by this Bill.
With regard to proceeding with this Bill, I daresay the Government are bound by a promise or pledge to the owning classes, but if they do not withdraw this Measure, then there will begin a propaganda, and on this matter I wish to be perfectly frank. You are going to declare war upon us by this Bill, and that is the object of this legislation. The vast majority of the working classes in the West of Scotland cannot pay these rents, and hon. Gentlemen opposite who represent industrial constituencies in the West of Scotland know that perfectly well. The owner, under this Bill, will be entitled to turn the tenant out if he does not pay the increased rent, or if he fails to pay his arrears, and if you are going to turn out the tenants wholesale, as will be attempted, then there is going to be trouble in the West of Scotland, and we cannot be held responsible for it. I am always willing to give fair treatment to those who differ from me, but there is a point beyond which we cannot go, and we are not going to have wholesale evictions in the West of Scotland as a result of class legislation of this character.
The only other matter I wish to say in this connection is that we have advised in the mining districts the occupants of colliery houses to refrain from taking any action on this matter until we see what are the proposals of the Government. If the Government stand by their present proposals, then every mining occupier of these colliery houses, most of which are absolutely rotten, will be compelled to pay all the employer is entitled to continue to deduct. I have no desire to create the impression that I am threatening in any sense of the term. This is a matter which does not affect me as an individual and my rent will not be altered. I have a certain rent to pay, but I am trying to convey to hon. Members representing various constituencies in this country the feeling that has animated a large proportion of their fellow-countrymen. They feel that they have been very badly treated in connection with the whole question, and I want to remind the House that some of us on this side protested very strongly against any increase of rent in 1920, and we had considerable justification for doing so.
I think what is proposed will prove to be an evil policy on the part of the Government, and while we may not have as much legal knowledge as hon. Gentlemen opposite, we have some knowledge of the conditions under which the vast majority of the working classes are living. At any rate, we know their point of view very much better than hon. Gentlemen opposite, and there is no question about that. I do not pretend to have the knowledge of the English language possessed by some hon. Members opposite, but I do know the conditions of the working-class population, and I am prepared to go with the Attorney-General or the Prime Minister to any part of the West of Scotland in a purely industrial constituency and I will put my case against theirs, and the men who will judge the case are as good as we are and as clean as we are, and these men will vote for my point of view rather than the view of hon. Gentlemen opposite largely because I am expressing their point of view. I appeal to hon. Gentlemen opposite to pay attention to that aspect of the question, because it means a great deal in the struggle into which we are entering upon this subject.
In reply to the challenge made by an hon. Member opposite as to hon. Members for Scotland who are ready to support this Bill, I wish to inform the House that in me they will find a supporter of the Government. None of us who fought the last election in the West of Scotland are ever likely to forget that experience, because there never was a more potent instrument put into the hands of the Labour party than the decision of the House of Lords in the case of Kerr v. Bryde. The Attorney-General gave us a few examples of the propaganda during the election, and if time permitted I could quote from more circulars and posters which were put out on the eve of the General Election. Human nature being what it is, it is not to be wondered at that thousands of tenants decided to vote for the Labour party on account of the promise that if they did so the landlords would have no chance of getting their increased rent.
I was confronted with the case of Kerr v. Bryde many times, and I was asked questions about it at meeting after meeting. I was asked:
I care nothing for votes. I could have made my position much easier in my constituency if I had taken the opposite view on this question. I happened to be in the House when the first and the second Rent Restrictions Bills were passed. I watched the progress of the 1920 Bill down here and upstairs, and I have no hesitation in saying that there was no man on either side of the Committee which considered that Measure who had the slightest notion that there was to be any such thing as a notice to quit accompanying the notice of an increased rent. In the Schedule attached to the Bill, which is an instruction to the landlords as to what missive they had to use, there is not a single word about any notice to quit. You would imagine from some of the speeches made by hon. Members opposite that there was some doubt in the mind of Parliament on that question, but that is not so, and there was no doubt in the mind of the legal advisers on that Measure. I have some knowledge of the great legal luminaries who come from Scotland, and I may point out that Lord Dunedin, one of them, was of the opposite opinion to the Law Lords, and I think he knew more about Scotland than any other of those who decided this question. The whole crux of the matter was what was the use of serving a notice to quit when the Rent Restrictions Act was a defence against the tenants being turned out? I have had some little experience over a long period of working-class houses. I have been chairman for over 20 years of a workmen's dwelling company. We were instrumental in doing away with slums and building dwelling-houses for working people who were in receipt of poor wages. [HON. MEMBERS: "Where?"] In a suburb of Glasgow where you would never have thought a slum ever existed. It is the suburb of Helensburgh. When some dubiety was cast on the wording of the 1920 Act our legal adviser said, "I do not know, but it is argued in some quarters that we should send notice to quit." I replied, "If we do that we shall frighten the lives out of these tenants, many of whom are oldish people who know there is not another place into which to put their heads.' But he said, with the usual legal caution, "I think at any rate if there is the least doubt about it you had better serve the notice." I said, "I will accept your advice, and we will serve the notice, but will you put both notices into the hands of the collector and ask him to reassure the tenants that though this is being served it is a mere technicality, it means nothing, and they will certainly not be turned out of their houses." How could everyone do that? We could do it because we were within an easy compass. There were only 30 or 40 tenants. The concern with which I am associated took the precaution and served the notice, but I know of a great many cases in which it was not served out of consideration for the tenants, and because the landlord argued what nonsense it was to serve the notice to quit when you knew there was no intention to enforce it.
An hon. Member who spoke a short time ago from the opposite side of the House visualised a class of tenants whose landlords had said, "If you pay the rent now I will be quite ready to return the rent to you if the decision of the law courts is in your favour." It is all very well to imagine that, but I think if you ask the factors in the city of Glasgow and the surrounding country whether any such arrangement existed, they would say none existed, that no landlord ever said any such thing, and that no tenant ever compounded on any such basis. A great many would have paid if it had not been for the intervention of hon. Gentlemen on the opposite side of the House. I am also connected with an institution in Glasgow of a thrift character, and we deal and mix with the poorest of the poor, a set of poor people far below what I believe are generally in the care of those hon. Gentlemen who are called the Labour party. These are very poor people, and I do not know a single instance of any of these tenants taking advantage of the technicality of the decision of the House of Lords and refusing to pay their rent. I know of the case of one extreme Socialist who said to his factor: enormous majorities they had on the score of this rent question. I represent a county that is very largely industrial, and I had 13,000 votes. There must have been a very considerable majority of those given me by working-class people, despite the fact that when I was asked on every platform what I would do, I said I was in favour of legislation to end this injustice to landlords.
Will the hon. Gentleman tell us what his opponents said?
My opponent was like a great many others on the other side and said, "Vote for Martin, and you will have no rent to pay." When all is said and done I do not think even the learned Attorney-General, the Prime Minister, the Cabinet, or anybody else will think this is a perfect Measure. How could you get a Measure that is going to do ample justice to every side of the question? I think after due consideration that upon the whole it is about the fairest way of getting out of a very nasty and quarrelsome difficulty. There is one point touched upon by the hon. Member for West Woolwich (Sir K. Wood), namely, that there is a very great injustice in regard to the rates. These landlords have been paying not only the owners' rates on the higher valuation which we thought the Bill was going to confer, but have paid the tenant's rates on that higher basis. The difficulty if nothing is done in this Bill is that the people who would have to return the rates are the municipalities, but I understand that the valuation roll having been made out, a month's notice having been given for appeals, and that time having expired, the roll stands and there is nothing but a special Act of Parliament that can reopen the question. I think that is a gross injustice. Here is a landlord paying owners' and tenants' taxes on a rental that this action of the House of Lords has prevented him getting. I do not think anyone will pretend for a single moment that that is not a great injustice.
There is another point what looks a very hard case, the tenants who have paid and get nothing back. That is hard, I admit; but a great many were quite content to pay, because they thought the rises were fairly reasonable. They had had cheap houses for years and years, and they knew that what with the rates, repairs, and mortgage interest the landlords were having a bad time. People are not all unreasonable, and it is not an inconceivable thing to get a tenant to agree to anything unless he is compelled by law to do it. I think something better of tenants than that. There is the difficulty and the hardship, but then will the tenants who may feel rather aggrieved by not getting any benefit out of this Bill have some regard to the hardship the landlord has suffered? He has had very bad times. Why should a landlord or owner of property be picked out for this particular hardship? Why do they not do the same hard things to the shipowners, the railway shareholders, the butcher, the baker, and the candlestick maker? Why should they be allowed to profit, and the poor landlord be the only person who is to supply something below cost price? It is very unfair, and I am sure the Labour Members quite recognise that. The landlord is having a poor time, and is still going to have one even if this Bill provides something. My advice to the landlords has been that little as this Bill is in giving them some relief they will be well advised to accept it. If they do not do so there will be an enormous amount of litigation. If for no other reason than avoiding this costly and acrimonious business the Bill is worth supporting.
I can scarcely sit down without giving an episode which I think is amusing and rather instructive. We have heard a great deal about the exacting landlord and the hardship of the poor tenant. I think for a long time the name of Bryde-Kerr v. Bryde will be quite historical, and it may interest the House to know how Bryde has been faring throughout this time. Bryde has two rooms, one room and a kitchen, and his rental, without tax added, is in the region of £11. With tax, it is about £13. He has paid no rent for something like 18 months. What has he been doing all that time? Is he too poor to pay? No. He has had a sub-tenant. How does he behave to the sub-tenant? I said that Bryde's own rental is something in the region of £13 per annum. The tenant has been paying him for 18 months 12s. 6d. a week, which is about £32 a year. I think Mr. Bryde will be well advised to keep himself above suspicion, and I think he was rather unwise to furnish the landlord with a case where, if there is rack-renting on the landlord's side, what has there been on the tenant's side? A great many tenants do the same thing, and I do not blame them. They have been sub-letting the houses and getting good rents, but it is too bad to blame the landlord and say they cannot pay these rents when all the time they are drawing rents excessively themselves. It was the Government's fault that this flaw, or dubiety, or ambiguity arose, and I think it was the Government's duty to put it right at the earliest moment. As to rent restriction, I think it is rather illogical for the other side to talk so much about rent restriction when the whole restriction Act—and I would draw their attention, as I think has not been done, to the case in which the Leader of the Opposition had a Bill made retrospective, as I think, quite rightly. That was the Courts (Emergency Powers) Amendment Bill, 1917—
What are you quoting from?
I have given the title of the Act, and hon. Members can refer to it if they wish. I have just one word more to say on this question of upsetting a decision of the House of Lords. I remember very well the case of the Taff Vale Railway Company, in which the company won their action for damages against a Trade Union. What did the Labour party do after that? They clamoured through the whole country, and compelled the Liberal Government to bring in one of the most disgraceful Measures that have ever been passed. Talk about upsetting a House of Lords decision! I think this is almost the first time I ever heard the Labour party have a single good word to say for the House of Lords. I desire to thank hon. Members for the patience with which they have listened to my remarks. I felt, as one of the few Unionists who had survived the storm in Scotland, that it was my duty, or, at any rate, that I had some reason, to say something on the matter.
I cannot help feeling that the Government are singularly fortunate in having, as their exponent of this Measure, one who is so well qualified as my right hon. Friend. When I consider this miserable offspring, however, I feel quite certain that, if anyone were to endeavour to swear its paternity to him, he would leave the dock without a stain on his character. For a person so logically minded, it is an evil coincidence that he should have to propose so utterly illogical a Bill. Hon. Members on the other side of the House have objected to the Bill, in the main, because it is unfair to landlords, and hon. Members on this side have objected to it, in the main, because it is unfair to tenants. I object to it because it seems to me to be unfair to both landlords and tenants. It proceeds on no logical principle; it differentiates between people between whose cases no differentiation ought to be made. One hon. Member, in the course of the Debate, suggested that this was an occasion on which English Members had, perhaps, better remain silent and leave it to the Scottish Members. I hear someone say, "Good old Scotland." I quite agree; but I cannot resist pointing out to the Scottish Members that in this case we English have, in the main, the laugh over them. Why? Because although the same Act applies to England and to Scotland, the English landlords did not get into this mess. They realised what decisions had been given, and they acted accordingly.
I am not arguing the matter as a lawyer, or dealing with it as a mere matter of technicality, but no one has pointed out to the House, as I think ought to be done, these facts. So far as England is concerned, there was a decision of the Law Courts—and I am old-fashioned enough, if my right hon. Friend will forgive me for saying so, to prefer a decision of the Law Courts to a statement of intention by the Prime Minister—there was a decision of the Law Courts on the 27th October, 1921, deciding this very point. The same point was again involved in a decision of the Law Courts in November, 1921, and it was expressly decided, as my right hon. Friend said, in February, 1922, by the Court of Appeal. Therefore, so far as England is concerned, there are these three cases, and the proof of the pudding is in the eating. After all, we all know that the English landlords acted upon the law, and if, as a matter of interest, anyone takes the trouble to buy the current text-book, which can be got for the sum of 3s. 6d., and which was published in December, 1921, he will find it there stated that in no case can there be any question of increase until any existing tenancy has been determined. Every text-book published at about that time is to the same effect. With regard to the Scottish law, it does appear that here was one decision of one of the lower Courts, which, so far as I know, was never reported, but which has been already pointed out by hon. Members. With rgard to the case of Kerr v. Bryde, there was, I will not say a rare, but at any rate a most refreshing unanimity in the Scottish Courts. The whole way up from the Sheriff Substitute to the Sheriff, the First Division, and then, finally, the House of Lords, all the Courts decided in this sense, and thereby the law of Scotland was approximated to the law of England.
I do not say that that by any means disposes of the matter, but I think I shall be right in saying that, if retrospective legislation is going to be introduced, it is a material matter to consider whether the persons in whose interests you are asked to introduce it have had ample opportunity of learning what the law is. On the 3rd November the decision in Kerr v. Bryde was known, and at any rate then, when that decision was promulgated, every landlord, even in Scotland, might have given the necessary notice to quit; and, so far as weekly tenancies are concerned—and the large number of them were weekly—that notice would then have come into force as from the 10th November. There seems to me, therefore, so far as these tenancies are concerned, to be no need for this retrospective operation back to the 1st December. I suggest to the House that it is plain that the landlords—with whom I have the greatest sympathy, from what I may call the moral, the non-technical point of view—haye been singularly careless in Scotland, though I think not in England. That being so, what ought the House to do? Retrospective legislation, as everyone agrees, is not desirable if it can be avoided. I should like to read to the House one quotation from one of the most eminent, perhaps the most eminent, Judge who ever sat on the English Bench. He said this about retrospective legislation: with the new situation. By dealing with this matter as a whole in the new Act you may set right a very obvious injustice, both to landlords and tenants, which you find in the present Bill.
One word more to point the moral and adorn the tale. I think this much is the lesson to learn from all this trouble. First of all, it is very undesirable in normal times to interfere with freedom of contract, and, secondly—I made this observation for this purpose—for goodness sake, if you are going to interfere with freedom of contract, particularly freedom of contract as between landlords, many of whom are small people, and tenants, do it in intelligible language. There is no one lawyer I have ever met and not one judge I have ever spoken to who has not said these series of Acts, the Increase of Rent and Mortgage Restriction Acts, are absolutely unintelligible. Only yesterday I was wandering round the precincts of this building trying to understand the meaning of one of the Clauses in the Attorney-General's Bill. I was asked by several people who should have known, but I could not give any answer, and if I had not had the fortunate chance of meeting the right hon. Gentleman outside and asking him, I do not think I ever should have known. There really should be no difficulty in drafting these Acts. What could have been easier than to say, "If you want to terminate your tenancy, first of all give a notice to quit, and, secondly, serve notice increasing the rent and specifying the limits up to which the rent may be increased." Unless you drop this obscure legal jargon and use the English language, which persons on my right and all Members of the House and landlords and tenants are perfectly well able to understand and which will clarify the whole position, you are doing more harm than good. I protest in this case because I find the handwriting, if I may use the phrase, of this Bill is identical with the handwriting of the old Act, which has given rise to all the trouble, and I hope the Attorney-General and the Solicitor-General will consider very earnestly and anxiously whether they cannot, in Committee, depart from the evil practice which has been established in the past and use the simple English language, which can quite easily be done, and make it intelligible to everyone.
This Bill partakes of the nature of a compromise. A great deal has been said as to the danger of retrospective legislation. It appears to me that that criticism applies also to the 1920 Act which this Act seeks to deal with. Section 14 of the Act, which makes overpayments recoverable, is retrospective, and without that Section tenants who have paid would not be entitled to reclaim. Yet it is retrospective because it begins "whether before or after the passing of this Act." If anything is retrospective it is that Section. The Government would have produced the same result if they had introduced a Bill to repeal Section 14 because all the moneys which were paid under the 1920 Act were paid to the landlord in an error in law and the tenant would not be entitled to recover were it not for Section 14. The only other objection I have is that stated by the right hon. Gentleman opposite, who suggested that these questions should be left to the individual tenant and the individual landlord before the County Court, or I presume the Sheriff Court in Scotland. But the whole idea of the Bill, as I take it, is to put an end to any litigation as far as possible between owner and tenant. The difficulty has been caused by the peculiar wording of the Act of Parliament. The difficulty is to know what are the rights of one party as against the other. The Bill attempts to overcome the difficulty by saying "as from 1st December, 1922, we are going to square accounts." Those who have paid are not going to get the benefit of the retrospective legislation contained in Section 14 of the 1920 Act and those who have not paid are not going to be compelled to pay owing to the House of Lords decision. Surely that is a very logical and reasonable settlement. It does not satisfy and does not please anyone on one side or the other. No Act of Parliament which does equal justice to one person and another is ever supposed to be satisfactory. We in Scotland—and I come from that redoubtable place—
What did you promise?
Not as much as you.
Yes, he did.
The question in Scotland is very difficult. It is different- from the question in England. In Scotland it only affects rents up to £26 5s., and therefore those whose rental was between £26 5s. and £60 have not any benefit of the House of Lords decision. They are exempted from it, and could not in any circumstances get the rent back. Therefore it seems to me that it would inflict a great deal of injustice on Scottish people if those who were under £26 5s. could get their rent back from the landlord and those between £26 5s. and £60 could not get it back. It seems to me the injustice is in the Act of Parliament already. It seems to me, as one who represents a constituency which includes many of these middle-class tenants, that what is good for them is also good for those whose rental is under the limit of the 1911 Scottish Act of Parliament. What might have been done, though probably it would not have met the wishes of hon. Members opposite, is that under the new Kent Restriction Bill which we are promised the benefit should not have been for those who have not chosen to do what we now consider the just and equitable thing, namely, to pay the increased rent whether served with a notice to quit or not. That would produce a result at which I have no doubt hon. Members opposite would have ex claimed just as much, only they would not have been able to use the word "retrospective," a word which has a strange attraction for some sections of the community. If you can get a beautiful word, it is wonderful how much argument—
At election time.
Yes. The hon. Member, no doubt, has much experience. I have no doubt it is well known to all the persons who aspire to membership of the House of Commons that the weaving of words gives a wonderful facility for enabling votes to be got. To sum up the situation. There are two ways in which the Government could have done what they are doing by this Bill, and in neither of those ways, which would have produced the same result, could the Government have been accused of retrospective legislation. The reason they have done it in this particular form is because it appears to the Law Officers of the Crown that this is the fairest way in which the anomalies can be altered. Many things have occurred since 1920. Property has changed hands. People have died. The tenants who were in in 1920 do not exist to-day. There are a thousand and one anomalies which make it impossible to say that the House of Lords' decision should go back to 1920. The fact remains that only in one sense and only in one way is this Bill retrospective, and that is that it dates to the 1st December, 1922. That is a date after the decision which was obtained in the House of Lords. That fixes for the future what is a fair and reasonable thing to be done between landlord and tenant. I propose to vote for the Second Reading of the Bill for certain reasons, which I will put before my hon. Friends opposite, and they may provide them with a text which will enable them to answer what I have endeavoured to say.
In the first place I support the Bill because I consider that the whole legislation regarding rent restriction, being purely temporary war time legislation, gives one good reason in favour of this Bill, which endeavours to cure the defects discovered in the Law Courts. Secondly, the original Rent Restriction Act applying in these cases was a retrospective act in itself. Thirdly, the Government has promised an extension of the Rent Restriction Act to those tenants who have loyally and honourably paid up for the benefit they have received. Fourthly, the effect of the Bill is simply to repeal the legislation contained in Section 14 of the 1920 Act. Finally, I support the Bill because it will put an end to litigation between landlord and tenant and may produce peace and good will between the honest landlord and the honest tenant.
The last speaker told us that there are two ways in which we can settle this exceedingly contentious issue. I agree with him that there are only two ways. The wrong way is the way now advocated by the Government, and supported by the hon. Gentleman, and the right way is the way which we advocate on these benches. The hon. Member for Woolwich West (Sir K. Wood) taunted certain members of these benches with having advertised in the public Press urging tenants who wished to recover illegal rent charges, on the payment of a 5s. fee, to go to them so that they might advise them in the Courts. I have a very clear recollection that when the Rents Restriction Act of 1920 was published the hon. Member wrote a pamphlet which was issued by the "Daily Mail" at 1s. per copy, in which he advised people regarding that Act. It will be interesting to know how many 5s. he collected as a result of that publication.
I would remind those who hold the same point of view as the hon. Member, that we see in the Press daily, and on large notices on public hoardings, statements that Income Tax advisers are prepared, on the payment of a fee, to advise the Income Tax payers how to dodge the Chancellor of the Exchequer. Therefore, that is not a practice which is confined to Members on this side of the House. All the tenants' defence leagues that came into being with the first Rents Act have done a great deal of good on behalf of tenants who were ignorant of the law, in protecting their interests against the rapacity of the generality of landlords, who were seeking to do them out of more than their legal dues. I am not suggesting that all tenants have been excellent tenants, any more than I am suggesting that all landlords have been bad landlords. I have taken a very keen and active part in this matter in the South Wales coalfield ever since the first Act was passed. If the same spirit which has prevailed between the house owners and the tenants in South Wales were emulated in other parts of the country, we should not need this evening to be discussing this Bill. We have interpreted the various Acts in a way which is reasonable and fair to the majority of landlords and tenants, who abided by the decisions of a Joint Committee which we set up to interpret the Act, not in a strict legal sense, but in a sense of equity, common sense, and fair play all round.
When the Attorney-General introduced the Bill this evening he was good enough to explain the origin of this issue in the various Acts that have been passed by this House. He did so in a very lucid manner, but I regret that he did not explain the position as fully as I would like. He certainly glossed over a very material point in the development of the Kent Acts, which I wish to bring to the notice of the House. The first Rent Act was passed at the end of 1915, and that Act fixed a standard rent, which was the rent in force on the 3rd August, 1914, and made it illegal for any landlord to charge any higher rent to any tenant. The Act did not permit any increase of rent whatsoever, but it did permit the owner of the house, on serving due notice on the tenant, to increase the rates upon the tenant as part of his inclusive rent to cover the extra rates which he, as owner, paid to the local authority.
In Section 1, Sub-section (1), paragraph (iv) of the Act of 1915 we have the deliberate statement that the increased rates which the owner is entitled to charge to the tenant shall not be considered an increased rent at all. Some hon. Members may think that there is nothing in that point, but that point, really, is the origin of the whole of the difficulty we are discussing to-night. Throughout the period of the Rent Act of 1915 the question of the necessity for a notice to quit did not arise, because there was no increase of rent recognised under the Act of 1915. The Act deliberately exempted the increase of rates from being regarded as an increase of rent. When the Act of 1915 was followed by the second Act of 1919 there was a change in the situation, and for the first time, under the Act of 1919, the owner of houses in Great Britain and Ireland was permitted to charge an increase of 10 per cent. upon the standard rent, plus the increased rates which had previously been permitted under the 1915 Act.
Therefore the 1919 Act created for the first time two separate classes of dwellings in this country. The first class was still under the 1915 Act, and an increase of 10 per cent. upon the standard rent from these houses was permitted under the Act of 1919. But I want the House to note that that 10 per cent. could not be charged on 1915 houses until six months after the War and the date of the Peace had been declared by an Order in Council. Therefore during the whole period of the Act of 1915, and during the whole period of the Act of 1919, there was no issue in the country on the question of the need for a notice to quit in respect of such houses. But the Act of 1919 created a second class of houses, which had hitherto been outside the scope of the 1915 Act, and permitted an increase of 10 per cent. upon the standard rent immediately that Act came into operation. I would draw the attention of the Attorney-General to a speech made by his predecessor on the 11th March, 1919. The then Attorney-General made very clear the distinction between increased rates and increased rents, and declared his opinion and interpretation of the 1915 Act, and the proposed Clause, which is now in the Act of 1919, that the increased rates were not treated as increased rents, and the notice to quit issue therefore did not arise either in the period of the 1915 Act or in the period of the 1919 Act.
I want the Attorney-General to remember that he rather evaded the fact, which is important, as to the time the public got to know of the need for notice to quit before an increase in rent could be legally charged. In the Act of 1919 there is a very definite statement on the point to which I have alluded, that is, that increased rates were not considered increased rent, and thus there was no necessity to have a notice to quit. The Attorney-General, when introducing the Bill, made it a great point that the public were not aware of the need of notices to quit until the Scottish cases, and some English cases, in the year preceding. I have a copy of "Law Notes" for 1919, which gives the legal interpretation of the editors of the Acts of 1915 and 1919, and they make clear the position the year before the present Act came into operation: London, £90 in Scotland and £78 elsewhere, and the 1920 Act also altered the increase from 10 per cent. on the standard rent to 30 per cent. on the net rent for the first year, on 1915 and 1919 houses, and for the remaining two years to 40 per cent. The 1920 Act empowered the owner to charge the full 40 per cent. on the net rent upon all the new houses brought in for the first time. Here, again, in 1919 it was common knowledge in England and Wales among house owners' associations, estate agents, and solicitors who knew their business, that while the notice of increased rent was expressed in the Act, and the notice to quit was not expressed, it was implied in the Act and by legal decisions that followed. And so I would suggest to the Attorney-General that he has overlooked the fact that there was very general knowledge throughout this country of the position. I would also remind the Attorney-General that the Ministry of Health in 1920 issued a popular pamphlet, which had a circulation of at least half a million, which was well road all over the country. In the last paragraph of the pamphlet there is this statement referring to the Act: practice which prevails in South Wales, evidence of which was submitted to the Departmental Committee some months ago. We have in the South Wales coalfield about 50,000 miners who are tenants of houses, the rents of which are collected at the colliery offices. Probably about half of the 50,000 houses are the property of the colliery companies. The remainder are the property of various building syndicates and clubs and small owners. In South Wales, and in some of the other coalfields of England and Scotland, there is a very serious violation of the Trucks Act, of the Statement of Rates (1919) Act, and of the Housing Acts, as well as of the Rent Restrictions Act of 1920. There are many of these colliery companies which deduct the current standard rent, plus the increase of rates, plus the 40 per cent. on net rent, from the tenants.
In 1921, from the month of April to the month of June, we had the lock-out in the coal industry of Great Britain. During that time, naturally, none of these mining tenants did or could pay their rents, with the result that when work was resumed in the industry these people were in arrears for three months of their rents. Not only were they in that position, but many thousands of them did not resume work at all that year. Many of them are still idle. When they did resume work the great majority of the Welsh miners who occupied the 50,000 houses discovered, to their surprise, not only that the colliery company continued to deduct out of their first weekly earnings the current weekly rent, but also 50 per cent. of the weekly rent of the arrears to be wiped out. The result was that many thousands of these men for weeks, until the arrears were paid up, were taking home only 10s., 15s., or 20s., as the case may be, and they had had deducted 15s. to £l a week out of their small earnings. It has caused a great deal of suffering. Thousands have been living in a state of semi-starvation because the colliery companies took advantage of the power they had, in controlling men's wages at the office, to prevent men getting their just due. If the Government persist in this Bill, I ask the Attorney-General to include in it a Clause which will protect these people and give them the right to recover the rentals that have been deducted illegally from their wages without their consent and in spite of their protests. They had not received any notice to quit and had not received properly signed notice of an increase of rent. They have never had rent books and have been refused rent books when they demanded them. In fact, they have never had a rent document of any sort. All that they know about rent and rates is the figure deducted from their weekly earnings. That is a serious violation of the Trucks Act and of the various other Acts I have mentioned.
9.0 P.M.
If the Government are really anxious to maintain a feeling of goodwill as between the landlord class and the tenant class, here is an opportunity for them to help to put this matter right. From my experience of the working of the Act I suggest that this Bill, if it should become law, will lead at the outset to another case for the House of Lords. It will do more than that. It will give the Labour Government of the future a precedent which will rebound against the people who are to-day supporting this policy. When we do get into power and we have these instances of retrospective legislation on behalf of the propertied classes it will become exceedingly useful for us to pass such legislation as may be necessary to ask the landlord to send back the mining royalties and ground rents which he has extorted from the people for generations. I hope, therefore, that the Attorney-General will bear in mind the suggestions made from these benches and what I consider is a very important suggestion in to-day's "Daily News" in an article by Judge Parry. Like many County Court Judges, Judge Parry has had a great deal of practical experience in interpreting these Acts as between landlord and tenant. He makes the valuable suggestion, which I for one support, that a conciliation court should be set up on this issue, and be kept alive, if justified, by experience for the Rent Restrictions Act that is coining—a Court where, without the lawyers being called in to draw fees unnecessarily and to waste a lot of time in legal jargon, the landlord and the tenant can come before the Judge or the Registrar or any other person who is appointed with the consent of the landlord and tenant. If something like that is done it will be worth the effort. I ask the Government to withdraw this Bill and to put into the new Rent Restrictions Act ail that is necessary.
I rise to deal very briefly with one point. The last speaker, in his interesting speech, spoke as if those who sat on the Labour Benches had no interest whatever in the fate of house proprietors. Probably the smaller house proprietors are largely represented among those who failed to give notice to quit. Let me refer the hon. Member briefly to a few words used in this House by a member of his party in June, 1920, when the hon. Member for Central Edinburgh (Mr. W. Graham) was moving the rejection of the Rent Restrictions Bill of that year. The hon. Member for Central Edinburgh said:
"In presenting a case of this kind in opposition to the Bill, I think it is not merely fair to the movement which I represent, but also fair to myself to say that this is a subject upon which there is a widespread division of opinion in the Labour ranks. Even in this movement there are considerable numbers of small proprietors of house property who have been terribly penalised by war conditions and who recognise the necessity of increased rent or better terms of some kind."—[OFFICIAL REPORT, 4th June, 1920; col. 2238, Vol. 129.]
It is on behalf of those people who are very largely concerned in the Measure now before the House that I quote the words which the hon. Member for Central Edinburgh used in moving the rejection of the previous Measure in this House nearly three years ago. The learned Attorney-General referred to the discussions in the House when the Act of 1920 was being discussed, and to what was subsequently said by the Minister (Dr. Addison) who was in charge of the Measure, the hon. Member for West Woolwich (Sir K. Wood), who was his Parliamentary Private Secretary, and by the then Secretary for Scotland, from which could be gathered very clearly what was the feeling in the House at the time and what was the view of those Ministers who were prominently associated with the Measure. The right hon. and learned Gentleman also referred to an action in which the Lon. Member for Linlithgow (Mr. Shinwell) was concerned in Glasgow during August, 1920. The hon. Member for Shettleston (Mr. Wheatley) suggested that this action had not proceeded further than the Sheriff Court, because leave to appeal had not been granted. The action was originally raised in the Small Debt Court, and the Sheriff Substitute, as he has power to do under the Sheriff Court Act, remitted the case to his ordinary court. That was done in order that there might be written pleas and full opportunity for appeal. The Sheriff in that case decided against the hon. Member for Linlithgow—I think the action had been originally raised against the hon. Member by the factor of his house for increased rent—and the hon. Member did not appeal. It was possible for him to have asked the Sheriff to grant leave to appeal, and the Sheriff has power under Section 28 of the Sheriff Court Act, on the motion of any party or on his own motion, to grant leave to appeal to a higher court. That action, the hon. Member did not take, so that this case remained as the leading exposition of the law in Glasgow for a considerable period. In the later case of Kerr v. Bryde the pursuers prayed the Sheriff to certify the case as suitable for appeal to the Court of Session, and the Sheriff did so. I merely wish to correct the statement made by the hon. Member for Shettleston. The hon. Member said that the case went no further, because the hon. Member for Linlithgow could not get leave to appeal, but as I have endeavoured to point out, the real fact is that the hon. Member did not appeal and that this case, decided in August, 1920, remained for a considerable time the only judicial interpretation of this part of the Act in the West of Scotland. Other points have been raised to-night which will be dealt with in Committee, and I rose merely to deal with this one point which is of particular interest as regards Scotland.
I have been in some difficulty during this Debate in trying to ascertain on what ground the Attorney-General submits this Bill to the House, because it appears obvious that retrospective legislation does not appeal to the House. There is almost complete unanimity on that point. It is regarded as a dangerous precedent, one which is subversive of the Constitution and which may have dangerous consequences in the immediate future. Apparently the Attorney-General and those who support him submit their case from the point of view of demonstrating sympathy with landlords both in England and Scotland, who have suffered because of the House of Lords decision. We on these benches are not unsympathetic either towards landlords or tenants, and if it be shown that there are landlords in Scotland or elsewhere whose economic position is such as to demand sympathy and assistance there is a course which they may adopt, and it is a course which hon. and right hon. Gentlemen on the opposite side of the House have suggested to those whom we on these benches have claimed to represent in preceding Debates. It has yet to be proved, however, that there are landlords who suffer because of the House of Lords decision and whose suffering cannot be relieved. It is perfectly true that here and there small property owners have been affected by the pernicious results of the legislation for which certain right hon. Gentlemen who formerly sat opposite were responsible, but their suffering is as nothing inflicted on the great mass of tenants by the increases of rent imposed as a result of the 1920 Act and consequential legislation.
I do not propose to engage in a legal battle with the Attorney-General or his friends on the legal aspect, or, for that matter, the moral aspect, of retrospective legislation, but I must join issue with him as to the historical aspect of the rent legislation which has given rise to the muddle we are now trying to clear up. The hon. Member who spoke last, apparently represents the legal point of view in Scottish affairs in the absence of that unfortunate gentleman the Lord Advocate, and he submits that the Government are presenting this Bill to the House because landlords—at all events in the Glasgow area, which was the storm centre so far as this question is concerned —had before them a decision of a learned Judge who sits in the Glasgow Sheriff Court. I would say, first of all, with regard to that, that the litigation which has been referred to, which took place in August, 1920, only a few months after the passing of the legislation, is a proof itself that right from the commencement of the legislation difficulty was experienced in Scotland in inducing tenants to believe that the landlords were complying with the spirit and the letter of the Act. After all, that is a very serious consideration, for if the tenants insisted on the Act being construed in the proper spirit a few months after the legislation had passed through this House, obviously the Attorney-General's submission that the consequences of the Rent Act were not discovered until some time later falls entirely to the ground.
With regard to the litigation which has been referred to by the hon. Gentleman who has just sat down, I would point out that, in the first instance, it was decided, because of a construction which some of us had placed on Section 3 of the principal Act, that we would contest the question in court, so that it might be tested, and it was decided that I should decline to pay any rent. I was not peculiar in that respect. By almost common consent, the citizens of working-class houses in Glasgow decided that they would not comply with these pernicious and objectionable impositions, that, at all events, as law-abiding citizens and respecters of the Constitution, and having placed their construction on the legislation which law-abiding citizens and gentlemen of legal eminence had passed, they would comply with the law, and there was very little agitation necessary to induce them to comply with the law. In consequence, the landlords of the property in which I for the time being was resident, instituted proceedings, which came before the Small Debt Court, and I was compelled, in the absence of the necessary funds, to defend myself. Without expert legal assistance, we bowled over the legal luminaries on the other side on the ground of irrelevancy, and the learned Judge gave leave to appeal, not to us but to the contending litigants, and the case proceeded to a higher Court, while we were bowled over on another ground.
We then appealed, and I would ask the hon. Member who last spoke to remember this point. The case went to the highest Court in Glasgow, when the property owners, who were by no means poor, as has been represented by hon. Members opposite, but extremely wealthy—and in that connection may I parenthetically point out that in a document issued by the property owners we find that they represent over £1,000,000,000 invested in property; it is very difficult, I submit, to weep tears of sympathy for gentlemen who boast of their wealth in this public fashion—these gentlemen engaged expert legal advice, and an eminent legal gentleman was sent all the way from Edinburgh to submit the case. In the absence of funds, I was compelled to undertake the case myself. It may be suggested that that was the reason why we lost. If so, all the better for the landlords, but at all events what resulted was this, that, having pled, as we thought we were entitled to do, that Section 3 of the Act made it essential on the owner of property to terminate the tenancy before imposing any increase of rent, and that plea having been turned down by the learned Judge, that in itself did not necessarily mean that the Judge was right, or that we were not entitled to appeal, or, if we had appealed, that our case would not have been successful.
The fact of the matter is this, that in the absence of funds we did not appeal. Of course, if the property owners had cared to assist us in respect to funds we might have appealed, but we were unable to do so, because of the absence of funds, and some months later decisions were given in the English Courts which justified us in the action we had taken, and which indicated that if we had appealed to the Court of Session we might reasonably have claimed to have won. At all events, that is; the history of the proceedings so far as that particular litigation was concerned. I want to submit, so far as the principal Act itself is concerned, and the intention of the promoters of the Act with regard to the question now before the House, that Sheriff Thomson, who was the Judge in the litigation to which I have referred, made it quite clear that he did not regard it as the intention of Parliament that notice to quit should be given. My submission was that Parliament intended that notice to emit should be given. He took the contrary view, but he said this in addition, that it did not matter what Parliament intended; there was the Statute, and that was the construction he placed on the Statute. If that was his view, and is row the view of the House of Lords, the highest Court in the land, which decided to ignore the original intention of Parliament, or the implied intention of Parliament, and to stand by the construction they themselves place on the Statute, I submit that we are bound to respect their decision.
So far as the general aspect is concerned, I want to submit this to the Attorney-General. The right hon. Member for Spen Valley (Sir J. Simon) has analysed meticulously the position of tenants who will be affected by this Bill and the position of the landlords, but I would submit to his consideration the position of the tenant who, like myself, refused to pay rent because of a construction that was placed on the Statute, and who, in the absence of funds, was unable to proceed with litigation, and will now, if this Bill becomes an Act, be unable to recover from the landlord. It is monstrous that one tenant who has gone on strike and refused to pay should escape liabilities, whereas others, who wish to accept the Constitution and put a construction upon the Act which they thought was a correct one, should not be able to recover but should simply have to accept the liabilities which were undertaken.
I submit to the Attorney-General that that is hardly consistent with his desire for fairness and justice. Apparently hon. Members on the other side of the House are extremely anxious to honour the landlord and to be sympathetic with him. [HON. MEMBERS: "NO," and "Yes!"] If that is not their intention, certainly there is no legal foundation for what they propose to do. Something was said yesterday by the hon. Member for Mossley (Mr. Hopkinson) about the need for considering legislation from the practical side and from the point of view of the position of the country and our financial resources, and that we must ignore entirely any question of sympathy. I am prepared to accept that, if hon. Members will agree. If that be so, we ought not to waste any sympathy on landlords on this occasion. We have to consider whether a moral claim should override a legal decision, if there be a moral claim; the legal decision is there. Hon. Members are trying to over-ride that decision by alleging a moral claim. That is an act of compassion which is absolutely wasted, and for which the landlords of this country will not thank them.
I do not wish to occupy any further time, because I realise that there are other hon. Members who are more competent than I to discuss the legal aspect. [HON. MEMBERS: "Hear, hear!"] I do not refer to those hon. Members who are applauding me, because they were Members of this House when the legislation which has given rise to this appalling muddle was passed. They have very little respect for their own intelligence when they compliment themselves on those proceedings. Having made the muddle, having brought their friends into the muddle; in view of their claim, which is frequently made, that Labour is not fit to govern because it lacks competency, legal acumen, constructive genius, and ability, and that all those desirable qualifications rest with hon. Members opposite, it is up to those hon. Members to justify themselves. Since it has been proved, because of the unanimity with which the suggestion was accepted, that the last Parliament contained politicians of eminence, with legal minds unequalled either in this century or the last, and gentlemen who claimed to have won the War—no light task—they ought to accept the sack-cloth and ashes which is their due.
Hon. Members opposite are obviously reluctant to accept either Bill or its implications. It is amazing to hear the hon. Member for Kelvingrove (Mr. W. Hutchison)—a Glasgow division—an hon. Member who himself accepted the views of the Labour Association of the City of Glasgow, and protested against the idea of retrospective legislation of this kind, now, because he has secured election, praising the Act of the Government and proposing to vote for the Government to-night. In view of the fact that Members opposite are by no means enthusiastic about this legislation, and having regard to the obvious difficulties of the legislation, and the wordy and indeed legal battle likely to ensue, I submit that they ought not to vote on this occasion.
My last reference is to the question quite properly raised by an hon. and learned Member who sits below the Gangway. He referred to the desirability of clarity in the documents issued by the legal fraternity, and, in particular, in the documents issued by the Government themselves. May I submit, for the consideration of the House, a notice to quit, sent to a tenant in the City of Glasgow. It will be observed from its context how impossible it is for an average tenant, certainly for a working-class tenant, to understand all the implications of this document. It reads:
I should not have ventured to address the House on this very complicated question but for the fact that in my own election for the County and City of Perth the matter was sharply raised. I found myself called upon to come to a decision which I have communicated to those now my constituents, and I have seen no reason to make any change. I think it is necessary to put these considerations before the House, otherwise the House would think one had very little courage, if one had said in a constituency what one did not dare say in the House itself. In a word or two, may I try to state the problem, as I humbly see it, which has been raised in the decision in Kerr against Bryde? The undoubtedly complicated problem which has been raised by that decision, seems to have two branches—one very large, and the other very urgent. The urgent side of the problem is the rent strikes, which have either arisen as the result of Kerr against Bryde, or have some relation to it. The problem is urgent, because all on this side of the House, and, I think, all except some Members of the Labour party, are agreed that the rent strike must be brought to an end.
May I turn to the other side of the problem? It is the problem that arises from tenants having paid the increase of rent, which subsequently turned out to be invalidated by Kerr v. Bryde. My submission to the House is this. The Whole question has been very much complicated by the attempt to deal with the two branches of the problem together. With all humility, I beg to suggest to the Attorney-General that the first thing to do is to deal with the rent strike. That can be done, as I take it, very shortly. I am not going to suggest Clauses of a Bill to the right hon. and learned Gentleman, but it is clear that one obvious way to deal with it is to say that arrears of rent cannot be deducted from present sums of rent due. That would bring the rent strike to a close. If the rent strike were brought to a close, we should then have some time to consider what I believe to be the far more difficult and far more dangerous problem of the sums which have actually been paid by tenants, and of Which Kerr and Bryde apparently give them a right to get back again. More time is needed for the solution of that problem, and for this very obvious reason. It is by no means certain—and I understand that the leaders of the legal profession are by no means agreed on this point—that the tenant has any right to recover the money paid in excess. I will not go into that. I would only ask the Attorney-General to say, when he replies, if it is not the case that it is more than doubtful whether the powers under Section 14 of the 1920 Act refer to anything except sums paid in excess of the legal maxima, and, therefore, do not at all apply to sums paid in dispute here, which are admittedly under the legal maxima. That, I think, should be considered before legislation is resorted to.
If convenient to the hon. and learned Member, I can answer the question he has put to me at once, because I am not going to speak again. The answer is this. It is perfectly true that the point to which my hon. and learned Friend refers has been raised, and has been the subject of legal discussion. I myself have a very clear view as to the way in which the question ought to be answered. I am not myself desirous of seeing more expeditions to the House of Lords, and more money spent on the legal profession before this House decides.
I am much obliged to the Attorney-General for his reply. I, for one, by no means wish to see further appeals to the House of Lords, but I do think it is important that before we enter upon retrospective legislation, we should know for certain whether we have to enter into it, and if the present Bill can be so dealt with, as I believe it can, as to be used solely for the purpose of putting a stop to the rent strike, then we should have a breathing space in which to test the whole result of the Kerr against Bryde judgment in the House of Lords before we turn to retrospective legislation at all. Is it not worth while making every effort to avoid retrospective legislation? I, personally, think it is. I believe there is nothing so bad, nothing so dangerous, and nothing so foolish as retrospective legislation. I said so during the Election. May I say why it is that I, for one, am so desperately alarmed on the subject of retrospective legislation? It is said that we have a lawabiding population. Yes, but I think we ought also, and must also, have a law-abiding Parliament. If there is any means by which the true equities of this matter can be reached without retrospective legislation, then that method should be adopted. At a time like this, when, without exaggeration, it can truthfully be said that respect for law—of course, I mean law in the widest sense—is steadily diminishing, when the whole basis of civilisation is disintegrating in Europe, when this House of Commons is the last solid thing that remains in the nature of Government to-day, I think it is worth thinking twice before, in these circumstances, we lay down the principle that the British House of Commons is prepared to legislate retrospectively. Therefore, I desperately fear such retrospective legislation.
There is one aspect of the subject to which I should like to turn. One or two things have emerged from the Debate. There has been a certain amount of apparent unanimity amongst the opposition to this Bill. But is there any real unanimity? Is it not the case that the Labour party desires to have no legislation here, in order that they may extract from the property owners these excesses all round which have been paid? That is the reason of their objection to this Bill. [An HON. MEMBER: "Of course!"] I have listened carefully to the speeches, and none of these Members of the Labour party who desire to get back the sums which have been paid in excess, none of them who sit for Glasgow constituencies, have told us that, with regard to a large number of the rents which have been paid, they were not paid by tenants, but by charities. [An HON. MEMBER: "Who told you that?"] I will answer that question at once, and in an orderly method. The answer, of course, which is known to the Glasgow Members opposite is that in Glasgow for two years what has been called the Lord Provost's Fund has been collected.
What is the number? [HON. MEMBERS: "Order!"]
I would ask my hon. Friends not to attempt to defend me. I know how to deal with my hon. Friends from Scotland perfectly well.
The hon. Member is making a maiden speech.
There are certain facts about oneself which one knows for an absolute certainty. I assure the hon. Member that I am attempting to make a maiden speech. I will endeavour to deal with the interruptions. It is perfectly well known that in Glasgow for two years a Lord Provost's Fund has been collected for the purpose of either helping or entirely paying the rents of most necessitous tenants, and that that fund, which, in all, I believe, amounted to over £100,000 was earmarked to the extent of over £58,000 for the direct purpose of paying rents. It was so used. Why were we not told about it? Why was not a word said about it? Why was it not mentioned when picture after picture was being drawn of distressing cases. [An HON. MEMBER: "It is mentioned now!"] Of course it is mentioned now because I have mentioned it, but what I wonder is this, speaking after so many hours' debate, why am I the first to mention it? However that by the way.
The truth of the matter is—if I may so state it—that the Labour party oppose this Bill because they wish to be enabled to extract from the property owners, however small, however poor, however deserving, the sums of money which in the way of increases of rent have been paid, and for which the tenants have got their houses just as other tenants have got them, and they have no right to get the sums back. I venture to say that this new-found zeal on the part of the Labour party for legality is only to be attributed to the fact that in this case legality can be combined with loot. I know something about my Scottish Labour friends, for this is not the first time I have spoken to representatives of Labour people, and I suggest they would not be so tremendously interested in retrospective legislation and speak of its dangers and the horrors if it was not for this suggestion that retrospective legislation takes away the chance of getting back the sums of money from people who have received them, and have just the same moral claim to get them as those landlords who received them and from whom you cannot get the money back. If I am right as to the form of opposition—and I am sure I am right—what about the opposition we see from the unofficial Opposition Benches? What about the opposition of the right hon. Gentleman the Member for West Swansea (Sir A. Mond)? What about the opposition of the right hon. Gentleman the Member for Spen Valley (Sir J. Simon)? I am a lawyer, perhaps a very indifferent lawyer, but I must say I am thankful that I do not run the danger that the most eminent lawyer runs when he tries to suggest constructive ideas to deal with this problem, and all he can do is to suggest constructive ideas which certainly do not commend themselves to any person in the House. The right hon. Gentleman, however, had the satisfaction of waking up my hon. Friend the Member for Farnham (Mr. A. M. Samuel) to hear what he was going to say.
Is it the case—[HON. MEMBERS: "Yes!"] It is not always a good thing to answer a question before you hear it—is it the case that the right hon. Gentleman the Member for Swansea is going to adopt the same policy as the Labour party, namely, that the tenant must be free to extract the increase of rent from the landlord? I think not. Is it the case that the right hon. Gentleman the Member for Spen Valley takes a similar view? Certainly not! Both of these right hon. Gentlemen, so far as I could understand their speeches, are agreed that this problem must be solved somehow, because it is unpractical to the highest degree to allow sums honestly paid and honestly received, and now spent, partly in rates, partly in improvements, and partly as income, to be extorted from the landlords and other property owners after the lapse of two years.
Yet I cannot say that I myself am in sympathy with the method adopted in the Bill. The object of the Bill I think absolutely unexceptionable. It is absolutely certain, as it seems to me, that this method of extortion cannot be allowed. But the suggestion that I made at the election, and that I venture to make now—although I believe it will be received with more laughter than sympathy—that the only equitable method of solving, of dealing with this problem—if the Courts cannot deal with it—[ Interruption. ] I wonder some of those hon. Members of the Labour party who are interrupting do not take the advice given them by their Leader during the Recess, which was, so far as I saw it, to behave more like a kindergarten and less like a bear garden.
rose —
Do not give way to the Opposition Leader. [ Interruption. ]
The hon. Gentleman who is in possession of the House is a new Member. But he will learn that, when he refers to another hon. Member personally, and that hon. Member rises to make a personal explanation or answer, it is the usual custom of the House for the hon. Member speaking to give way for the explanation.
I can only say how much I regret having committed any breach of Order, and I beg to apologise.
We have all been new Members of this House, but I was under the impression that it was such a well-known courtesy that Members who referred to what other Members have said should give way for an explanation. I was rather surprised that the hon. Member opposite did not give way. All I desire to say is that the hon. Member has very grossly misrepresented the remarks of mine to which he referred. [HON. MEMBERS: "What did you say?"]
I repeat my apologies to the Leader of the Opposition, and may I say that the quotation to which I referred I saw in the Press, and the effect of it was—
It is usual for hon. Members to accept a personal disclaimer after it has been made.
I wish to state in a word the view which I adopted at the election, namely, that the whole of this muddle arose through a faulty Act of Parliament. If you are going to avoid retrospective legislation, it appears to me that the only way to do it is for Parliament to shoulder the burden, and admit that retrospective legislation is wrong in principle. To mulct the property owners would be unjust and inequitable, and I think Parliament should shoulder such a sum of money as any tenants are entitled to and may demand.
I suggest that such a piece of legislation should be combined with an appeal by the Prime Minister that tenants should not exact their pound of flesh. Personally, I believe that appeal would be widely answered, and that the sum of money which might have to be paid would be a very small one. I believe that a very considerable sum of money would be worth expending to avoid the dangers of retrospective legislation. So far as a Second Reading is concerned, I propose to vote for it, and my reason is that I believe Clause 2 of the Bill is capable of being developed into a Clause which will deal satisfactorily with the rent strike. Otherwise, I remain of the opinion that retrospective legislation is too dangerous a course to adopt, and at a later stage of the Bill I shall deal with the Measure on those lines.
10.0 P.M.
It is my intention to give the Solicitor-General who, I understand, is going to finish this Debate, as much time as I possibly can, and I am sorry I was not able to start a little earlier. There have been a very large number of speeches made on this Bill, but there is only one of them to which I propose to refer, and that is the speech of the right hon. and learned Member for Spen Valley (Sir J. Simon). It seems to me and to some of us on these benches that it has become the habit of the party to which the right hon. Gentleman belongs that whenever the Labour party has a Motion or an Amendment, the party to which the right hon. Gentleman belongs, with faint praise and half-hearted support, purports to support it in a manner which certainly does not whole-heartedly appeal to those who sit on the same benches as I do. I understand the right hon. Gentleman proposes to vote against this Bill. He says, in the first place, that the important question is not the retrospective action of this Bill, and in the next place he said that it was not, and could not, be thought to be a matter of class legislation. I want to say on my own behalf and on behalf of some of my hon. Friends that both those are statements with which I most whole-heartedly disagree, and I do not think there is a shadow of justification for either of them. What is more, I am sure that neither of them emanated from the benches on which I sit.
I desire to tender, in so far as I may respectfully, a most serious warning to the Attorney-General and the Solicitor-General. It is a curious position, perhaps, for me to be in, because both those right hon. and learned Gentlemen have sometimes sat upon Benches opposite to me on other occasions, and when I heard the learned Attorney-General speaking to-night I seemed to hear two voices. One of them was that of a very distinguished lawyer whom I used to know, and I could imagine the voice of that gentleman tearing to pieces wherever it was used, and who so ever addressed it to him, an argument suggesting that it would be desirable or right that there should be introduced any legislation which could, in the interests of one small section of the community, interfere with already vested legal rights of another section of the community. I can imagine the scorn and contempt he would have poured upon such an argument. The learned lawyer whom I have in mind when I speak of another voice is that of a gentleman who used to be a friend of mine, and his name used to be Mr. Douglas Hogg. The voice of the Attorney-General was somewhat different, and I wonder whether he really meant to put all that he thought into his exposition of this Bill because, if he did, it might perhaps be permissible for me to try and follow what I understood him to say.
It seems to be the policy of the Government in this instance that it is to be said to be a legitimate matter for this House to consider, not only now but at any time, that no matter what a Statute may have said, and no matter what the law of the land may have decided, it is always permissible for this House to consider what it thinks a previous House may have intended to do, and then to alter its legislation so as to bring it in accord with what it believes to be the intention of that previous House. If I am right in that, I canot help thinking that not only the Attorney-General but the Solicitor-General and every lawyer in this House ought to look upon that possibility with the utmost dread and horror. It has been a rule of law, not only in this country, not only in Scotland, but in every civilised country which has a system of jurisprudence that, under no circumstances whatever, can it be said that ignorance of the meaning of a Statute can be a defence to anything by anybody for any purpose whatever. If I may, I will just call the attention of the House to something which is in the knowledge of the Law Officers of the Crown, and is to be found in the Law Books. It is that a man has been ordered, not to pay money, but has been actually convicted and sent to prison when under circumstances admitted by the prosecution not only he did not know the law but could not conceivably have known the law, because of the date at which it was passed and where he was when it was passed. Nevertheless that man was sent to prison by the law solely by reason of the rule, which has existed since the days of the Roman Empire, that ignorance is no defence. I see the Attorney-General smiling a little at that. It is always pleasant to see lawyers are still friends.
May I call his attention to what it seems to me he intends to do by this Bill. By Clause 1 of the Bill it seems to me what he intends is this. It is admitted by the law of this land, as interpreted by the highest Courts in the land, that a small section, whom we will call landlords, have obtained from another small section, whom we will call tenants, moneys which by the law there was no justification whatever for their receiving. Not only is it suggested that a law shall to-day, or in the immediate future, be passed preventing that landlrod from being liable as otherwise he might be for an illegal act, and permitting him to retain in his pocket money which admittedly he was never entitled to have. I would ask the learned Solicitor-General this question. I never have had the privilege or pleasure of cross-examining him before, and I should like to do it on this occasion. I should like to ask him a simple question which is capable of being answered, "yes" or "no." Nobody is more ready than himself to mention to witnesses whom he is cross-examining that desirable result where possible. I should like to ask him, has he ever in the researches of himself or of his learned leader, who is sitting beside him, found or heard in the legal jurisprudence of this or any civilised country in the world any Statute which has ever done anything like that? That question is capable of an answer, "yes" or "no." The learned Solicitor-General apparently is inclined to say, "no," but his learned leader is prompting him to say, "Yes," and by the time they have consulted, when the Solicitor-General comes to reply he will perhaps be able to give me the answer. I may frankly state that I have never heard anything like it, and I am satisfied that the two learned Gentlemen with all the united resources of the Government behind them, if they say they have are the only two hon. Members in this or the other House who have ever found such a thing. I see the Solicitor-General is rapidly acquiring information on the point from his leader. Perhaps I should withdraw the word "rapidly."
After all this is a comparatively trivial matter. I know that hon. Members behind me feel, and naturally so, very bitterly with regard to it. Still the numbers affected are small, and it seems to me little short of a tragedy that the Government of this country should be asked to support what to me is an appalling revolution in our judicial or legal system on a matter such as this. They will certainly be faced with it in the future. I can see both hon. and learned Gentlemen sitting on this side of the House and looking for arguments similar to those we are employing here to-night, and the only difference will be that, when we are cross-examined and asked whether we can find a precedent, we shall be able to say "Yes." I hope and believe they will be as ashamed of this here as I am sure they are in their own private rooms, where they must hide their faces from their own clerks in respect of what they are compelled to do by the exigencies of the public service. May I just draw an analogy between the position of the landlord and of the tenant. I am sorry if anything I am saying is giving offence to hon. Members who are not lawyers, but will they just consider what is the position of the tenant?
As far as I can see, there is nothing in this Bill which gives the slightest advantage to the tenant at all, except in one particular, to which I propose just to refer, because I cannot help thinking that the Attorney-General must himself regard that as a sort of comic relief to this Bill. May I, however, first call attention to the comparative position of the tenant? If hon. Members will look at the Bill they will find that, if a tenant, between the 1st December and the passing of the Act, or, at any rate, subsequently to the 1st December, has deducted from his rent money to which he was legally entitled, that is to say, if, being by law entitled to be repaid his arrears of rent, he has deducted it from his subsequent rent, the difference between him and the landlord is this, that in this Bill it is proposed that the landlord shall be allowed to retain the money which he illegally obtained, and the tenant will be bound to return the money which he has legally deducted. It is suggested that that is a matter which ought not to give rise to any feeling between any sections of the community, and which my right hon. Friend the Member for Spen Valley (Sir J. Simon) so clearly stated was, in his opinion, not a matter which was the real substance of the Measure, either as regards its being retrospective or as regards its being likely to give rise to any class feeling.
The excuse for the landlord which, as I understand, the Attorney-General puts forward, is this: First of all, he says the Legislature never intended the Act to be that which the House of Lords decided it to be. How does he know that? The Act, I understand, was passed by the House of Commons, it went through Committee, and was passed by the House of Lords, with the assistance of the most eminent lawyers in the land; and I was always brought up, in my innocence, to believe that an Act of Parliament meant what it said. Hon. Members laugh at that. It may well be that they may not think it means what it says; and, after all, the Attorney-General will agree with me that that is how lawyers live. There it is, and now the Attorney-General rises in his place—although I myself have heard him, and every lawyer in this House has heard him, and he himself will remember having stated in Courts of Justice, not once, but thousands of times, that you must not look or consider what the Legislature intended, except in so far as you can find it within the four corners of the Act of Parliament which you are discussing—now he comes here and desires to achieve an alternative result. He says that some things were not legal, and he produces what to my mind is a most amazing document—a letter from someone who was not here, stating something about which nobody had an opportunity of cross-examining him; and upon that the Attorney-General asks the House to say that this Act of Parliament was never intended to mean what it says.
I could recall, if the Attorney-General wanted me to do so, innumerable Acts of Parliament, but I will only mention one. No one can suggest that there was a more shocking case of injustice in our country than the recent case under the Gaming Acts. Men had been betting together for years on the assumption that a certain state of affairs was permissible, but it was suddenly discovered that, by an old Act of Parliament, which even the Attorney-General must, I should think, have forgotten, it was permissible to recover these moneys if they had been paid by cheque. Parliament decided that that grievous injustice between two parties who were equally liable should be put right by an Act of Parliament, and even that was never retrospective, although both parties were under a grievous injustice and it was admittedly of benefit to both. Parliament wanted to benefit both, and passed an Act which was not retrospective; and a learned Judge in the Court of Appeal stated—and it is reported in the Law Reports—that to his knowledge someone asked the then Attorney-General whether it was intended in fact to be retrospective, and was not allowed to get an answer. It is now decided that it is not. In spite of that, it is seriously asked that, in order to benefit only a few, this most dreadful precedent is to be introduced at this time, in a Measure Which, as I have said, in my submission really relates to a matter far too small even to be worthy of a moment's serious consideration, bearing in mind the dreadful precedent which it is now sought to impose upon the law of the land.
I promised, and I intend to carry out my promise, that the learned Solicitor-General shall have all the time he desires to reply, and therefore I am only going to make one or two more observations. There is just one matter to which I want to call attention particularly, as there is just a bare possibility, although I hope it is unlikely, that the Attorney-General will not allow the Bill in its Committee stage to remain on the Floor of the House. I wonder whether anyone has taken the trouble to read the Bill as far as the proviso to Clause 2, because I cannot help thinking the Attorney-General must have put it in in a moment of levity. Or perhaps there is another alternative. In his and my profession sometimes when we want a certain document from what we call masters we put in too much, meaning that something shall be cut out in the hope that the rest will slip through. May I ask the attention of the House to what is done in the proviso?
Under Clause 2 he has said that the tenant is to pay back by instalments, as was provided, any surplus rent which he has deducted. Then the Attorney-General, I suppose, said to himself, "Hon. Members on the Labour benches or, perhaps, the right hon. Gentleman the Member for Spen Valley, might say the tenant is getting nothing at all, so we will give him something," and this is what they give him. They say that if this tenant does not wish to pay his rent back by instalments there shall be a separate Section in the Act to say he can pay it all back at the same time. I almost wonder whether we are in the House of Commons or in Alice in Wonderland. The second proviso is really rather more serious, and I think it is a matter which the Attorney-General ought very seriously to consider, because it seems to me to be a thing which may be capable of a very gross miscarriage of justice because if the tenant by whom such instalments are payable gives up possession, either voluntarily or for any other reason, he is bound to pay the full amount at once, and it seems to me a dreadful thing that if a tenant could say to his landlord, "I really cannot stop, I must go," the landlord can turn round on him and say, "If you go you have to pay me at once all the instalments that are payable under this Act, so it will pay you much better to stop in and pay me the increased rent rather than give up possession and find cheaper lodgings and have to pay me all at once."
It is not possible in the short time at one's disposal to say all one really wants, and I promised the Solicitor-General he should have full time, and I will therefore say no more. I have heard some interruptions from those benches which lead me to think there has been perhaps in what I have said in some ways a spirit of levity. It is not really true. We know perfectly well that whatever the Government seek to carry into effect at this moment, until there is some change, they can carry it, and therefore we cannot do more than point out in the different ways at our command what we believe the people of this country ought to know. Many hon. Members behind me have spoken on a tragic note. I purposely have avoided that. It seems to me, however one addresses oneself to this Bill, it stands out staring us all in the face, that this is a really monstrous piece of legislation. It is no good the right hon. Gentleman the Member for Spen Valley saying this will not be considered a matter of class legislation.
My hon. and learned Friend has said that three times. I made no such statement. I said we ought to try, as far as possible, to avoid dealing with it as if it were a question of class legislation.
I accept the correction at once, and will say no more about it. I will simply express my own view. Whatever may be the rights or wrongs, whether the learned Attorney-General was right when he said that there are large numbers of people under the name of landlords who really are in the position of tenants; whether it affects rich and poor alike, it is absolutely certain that this Bill, if it becomes law, will go out into the country, and from end to end of the country, leading people to believe that it is an Act passed for the relief of landlords. Whether they be justified in that belief or not, it will remain in the minds of millions of people throughout this country as an injustice practised at the instance and for the benefit of landlords and to the detriment of tenants, and no one can say, if that be true, that it is not likely to cause very serious and grievous results. For these reasons I support the Amendment, and I ask every hon. Member who thinks as I do, and who thinks as hon. Members on these benches think; indeed, I go further, and I ask everyone who really has taken this matter to heart, to vote for this Amendment and against the Second Reading of the Bill.
The hon. and learned Member who has just addressed the House has asked me certain questions which in due course I shall attempt to answer. He also made an observation that he was addressing what I understood to be the substance of his observations, not to the House but to the lawyers. I propose to follow precisely the opposite course and to address my remarks, not to the lawyers, but to the House. The Debate has made one thing abundantly clear, and that is that the Government have been faced with a very difficult position. The cross-fire to which they have been subjected from Swansea and Shettleston has not made their task any the easier, nor, indeed, has the sniping from Woolwich improved their chances; but I venture to think that the strange alliance against which the Government find themselves this evening, though it may prove a temporary embarrassment in the course of this Debate, is likely to prove a much greater embarrassment to the Opposition as the attack develops. Indeed, the observation which the hon. and learned Member for Wallsend (Mr. Hastings) made at the beginning of his speech, in the absence of the right hon. Gentleman the Member for Spen Valley (Sir J. Simon) suggested that they are not so comfortable even now as bedfellows as they would like to be.
The fact is that the Government have not been in search of any laurels with this proposal. If they have been in search of laurels, they have certainly not found them. They have been in search of something which is much more valuable even than laurels, and that is equity. They have found the difficult situation to which I have referred—a Gordian knot, but they have not attempted what is impossible, to unloose it; they have been forced to cut it. If, like Alexander, they expected to find a kingdom in consequence of having cut the knot, I am afraid the Government will be disappointed. The right hon. Member for West Swansea (Sir A. Mond) says that the Bill is not a real or equitable solution. The right hon. Member for Spen Valley, having been invited by an hon. Member behind me to propound his solution, suggested one which I think would neither be equitable nor real. As I understood his solution, it was that we should attempt to enshrine within the four corners of an Act of Parliament the provision that every tenant who had paid his rent under some form of immoral pressure from the landlord should be able to recover, but that those who had paid it with sweet reasonableness without any pressure should not be allowed to recover. If the right hon. Gentleman were to attempt to put his proposal into execution in some of those quarters in Glasgow or Dumbartonshire, with which hon. Members opposite are familiar, and with which I happen to be familiar, he would see how impracticable his proposals would be even if they could be drafted.
The right hon. Gentleman the Member for West Swansea made a considerable attack on the Bill which I confess a little surprised me. He referred to a Cabinet Memorandum which I think he said he remembered, or had taken pains to verify from his records, which he presented in February, 1922, and he suggested that his proposals were radically different from those contained in the Government Bill. Whether he intended to suggest it or not I do not for a moment say, but he did suggest that whereas his objection to the Government Bill is that it is thoroughly retrospective his particular proposals were only to come into operation from the date of the passing of the Bill and could not be retrospective at all. I am sorry that the right hon. Gentleman is not in his place to hear such criticism as may be made on the attack which he made on the Government. I have obtained a copy of the Memorandum to which the right hon. Gentleman referred. I confess that it is probably unusual for a Memorandum of this character to be referred to, but when the right hon. Gentleman himself has vouched it as a justification for the attitude he takes up to-day I am at least entitled to inform the House of the nature of the proposals which the right hon. Gentleman made. The whole of the statement is here if it is desired to lay it on the Table of the House, but owing to the exigencies of time I wish to refer only to one passage. The suggestion made to the House was that the right hon. Gentleman would in no circumstances adopt retrospective legislation. If that accurately represents his position I am at a loss to know how he, on 31st January, 1922, proposed that legislation should then be enacted which would have the effect that when a notice to increase the rent was served prior to the passing of the Act a tenant should not after the passing of that Act be- entitled to recover by deduction from the future rent or otherwise any sums paid in pursuance of such notice by reason only of the fact that at the date the notice became operative the landlord had not, by serving his notice terminating the tenancy, converted the tenancy into a statutory tenancy.
My whole point is that this is not a valid notice.
Of course the document will be laid on the Table?
When has it become the practice to quote from Cabinet secret documents?
On a point of Order. I wish to ask whether any right hon. Gentleman is entitled to reveal what took place in the Cabinet without the consent of the King?
That is not a matter for the Chair. What I am concerned with is that if, an official document be quoted, any Member of the House can claim that the whole document be made available.
I referred to the fact that I submitted a memorandum on this question to the Cabinet. I did not make any quotation from it.
I have already expressed my surprise that the right hon. Member for Swansea, in attacking this Bill, should have referred as some justification for his attitude to-day to a Cabinet memorandum. To it I thought I was entitled to refer to see what the facts were. As I said before, as I have quoted from the document, the whole document will be laid on the Table of the House so that hon. Members may see exactly what the proposals were.
Will the Solicitor-General reveal more Cabinet secrets?
Are we likely to know before the night is over how the country is fooled?
I submit that a Cabinet secret having been revealed, or being about to be revealed, we are entitled to ask at this stage whether it is to be the practice of the House to have this kind of thing done.
It is not the first time by any means that certain documents have been called for. It lies with Ministers to decide whether or not they will lay them on the Table of the House. I intervene only when they are quoted.
This is not a document of the present Cabinet at all. It is a document of the late Cabinet. I think that the rule with regard to such documents has been violated.
That is not a point for me. It rests with the Minister to decide whether he uses such a document or not. All I have to say is that, if a document be used in this way, the full document must be laid before the House.
On a point of Order. I wish to refer to a precedent, and to remind you that when the late Mr. Chamberlain resigned from Mr. Gladstone's Government, in connection with the Home Rule Bill, he desired to read a Memorandum which he had placed before the Cabinet in regard to land purchase, and the late Mr. Gladstone objected on the ground that Mr. Chamberlain had not received the King's assent. The objection was held to be valid as against Mr. Chamberlain's action.
That shows that there was a difference of opinion on the subject between the two Ministers. The Speaker did not intervene.
Is it impossible for us to object to the breaking of the old established practices of the British Constitution?
It is not for me to answer that question. There are a number of questions in my mind as to what has occurred. It is not a matter for the Chair's control at all.
Can I enter my personal protest against what has been done?
The hon. Member has done so.
On a point of Order. I ask for our future guidance, is it your ruling, Mr. Speaker, that if an ex-Cabinet Minister, intervening in a Debate, refers to the fact of the existence of a Memorandum which he does not read to the House, any member of the present Administration is entitled to read what is a secret and confidential document to the House?
The right hon. Gentleman must understand what I have already said, that that is no ruling of mine, and it is no business of mine to rule in that way. The responsibility lies entirely with the Minister.
I hope hon. Members will allow me, in the very few minutes remaining, to proceed with as little interruption as possible, and to say what, up to the present, I have had great difficulty in endeavouring to say.
Play the game!
Before coming to the substance of the Bill, I wish to refer to the criticism made by the hon. and learned Member for the Hartlepools (Mr. Jowitt) as to the language of the Bill. Those of us who have dealt with these Rent Restrictions Acts are, of course, familiar with the criticism passed upon the framing of the Bill. All I can say is, if the hon. And learned Member will not allow his attendance in the Courts to interfere with his attendance in the Committee upstairs— —[HON. MEMBERS: "Withdraw!"]
Hon. Members have made strong speeches in the course of the Debate, and it is only fair that they should listen to the reply.
My hon. and learned Friend knows that the last thing in the world I would say, would be anything derogatory to him. I simply intended to express, and perhaps I did so in a clumsy way, the fact that the hon. and learned Gentleman has other duties to attend to besides Parliamentary duties.
On a point of Order. Is it in order for a Member of the Government, receiving a salary for the appointment which he holds, to refer to the necessity which other hon. Members are under of making their living?
That is not a point of Order. The right hon. Gentleman has already apologised if anything he said conveyed any implication against the hon. and learned Member for the Hartlepools.
May I now proceed without these unfortunate interruptions. The fact is, as my right hon. and learned Friend the Attorney-General stated, that the root of this trouble is to be found in Section 3 of the Act of 1920. We have a root of trouble in that Section, in consequence of which some action has to be taken. I think it is fairly plain to anybody who reads the Section without any legal knowledge or intention to wrest the words from their obvious meaning, that what Parliament intended was to make it permissible for a man to impose the increases of rent upon giving the notice in the Schedule to the Act. That is the primâ facie meaning which any layman, and I think a great many lawyers, would have placed on the Section. That that was the intention of Parliament, a certain number of people who have been mentioned this evening more than once have said. Whether their interpretation of Parliament's intention is right or not I am not the least concerned to discuss. I can only express my own opinion, and that of many others as well, that that was the sense which the words appeared to have. On the faith of the words having that meaning, a great many people acted.
It happened that after resort to the Courts and after a very meticulous and technical examination of the Act it was held that that interpretation was wrong, and hon. Members will realise how technical it was when they learn that the speeches of the learned judges both in the Lords and in the Court of Session turned upon such precise distinctions, as the difference between "entitled to possess" and "entitled to obtain possession," between the phrases "is entitled" and "would be entitled," between the phrases "take possession" and "obtain possession," and upon a discussion of such niceties as these a majority of the final Court of Appeal came to the conclusion that the words did not bear the interpretation which, as I say, at first sight they appear to have borne. That I am justified in saying it was a very technical and meticulous examination of difficult phrases is borne out by the passage which I will give from Lord Atkinson's judgment, where he said:
Not this Parliament's mistakes, but the last Parliament's.
I have only ten minutes left, if hon. Members will allow me to proceed. Parliament cannot be held to be powerless to correct its own mistakes and to give effect to what almost everybody, including the learned Judges, thought to be its real intention. I cannot help saying that it is exceedingly gratifying to a member of my profession to find hon. Members opposite so full of reverence for the sanctity of the law, and I can only think it is due to the reinforcement which they have received lately from the profession which I represent.
Withdraw!
It is evident that I must keep to the strictly beaten path of direct argument if I am to say what I have to say. It would never do for us to admit that the intention of Parliament could be displaced by the interpretation of the courts, although those courts in their own sphere are supreme. What is to be done? I think the plain man, 99 people out of 100, would say the first thing to be done is to put on record that which Parliament intended, if it be practicable.
Then the question is, is it practicable or not, having regard to our recognised rules? Hon. Members in all parts of the House quite naturally stated the familiar objections to retrospective legislation. Here I come to deal with the question which the hon. and learned Gentleman put to me as to "Whether there is any precedent for so monstrous a piece of legislation as that it is now proposed to pass?" I consulted with my right hon. and learned Friend—[HON. MEMBERS: "We saw you!"]—but I was not attempting to examine the Attorney-General's mind to see if I could find a case there. I was asking him which of the fifteen or dozen instances that I had he thought would be the best one to put before the House. I think the best instance I can give to the House is one suggested by an observation which the hon. Member for Shettleston (Mr. Wheatley) made when he asked a question—a very natural one under the circumstances. He said, "I wonder what would have happened if the decision in the courts, instead of being in favour of the tenant, had been in favour of the landlord?" It was a very difficult question, because the hon. Member thought it was a hypothetical one. Fortunately it is a question which I am enabled to answer, because in 1917 there was a case, which some hon. and hon. and learned Gentlemen will remember, that of Sharp v. Chant, which decided that certain overpayments made under a mistake of law by tenants were irrecoverable. What did Parliament do? The decision in that case being contrary to the interests of a different class from that of the class favoured by this decision, this House inserted promptly in the Courts Emergency Powers Act of 1917 a provision which reversed the effect of that judgment and put the tenants back in the position in which they had been before the decision of the courts was given. In other words, at the instance of the Labour party—and I think very properly at the instance of the Labour party—a provision was put into an Act of Parliament to get rid of a decision in the courts made a few months before.
I forbear, simply for lack of time, to refer hon. Members to such well-known provisions as are included in the Housing Act of 9 and 10, George 5, where it is provided that there may be a relaxation of the terms of the lease by County Courts, and the provisions which were embodied in later Statutes, where a term of contract is interfered with after the contract has been made in consequence of the alteration of duties, or customs, or enactments of that sort. Our Statute Book is full of particular examples of what, sometimes a little inaccurately, is called retrospective legislation.
The question is, is it practicable, having regard to the well-known objections to retrospective legislation, to cure a mistake which everybody admits was made by the unfortunate drafting of the 1920 Act? In the first place, everybody will go with me when I suggest that it is not practicable to go back absolutely to July, 1920, when the decision was given in the Court of Session. The reason is, you cannot indefinitely reopen closed transactions. It would be perfectly impracticable, whether you are attempting to get back over-paid rents from the landlord or under-paid rents from the tenant, to go back as long as 2½ years. People die, their estates are distributed, they lose their property, and move from the district—both landlords and tenants. I ask hon. Members opposite just to consider this: Is it practicable to go back to July, 1920? I suggest it is not. Then the only question is: Is there any date to which it is practicable to go back? [HON. MEMBERS: "No!"] The right hon. Member for Swansea ridiculed the date which has been selected, and said that 1st December was not a logical date. I do not know that our Acts of Parliament always are logical. At any rate, this Government endeavours to do something better than frame logical Acts of Parliament, it tries to frame sensible Acts of Parliament. I almost hesitate about giving a quotation from the poet Burns. [HON. MEMBERS: "Go on!"] I was going to say, as Burns said:
tenant is the tenant who did not pay the excess. The right hon. Member for Spen Valley said that that tenant is favoured by the Bill. The fact is that if this Bill be not passed, that tenant will not be compelled to pay the excess back rent, and if this Bill be passed, he will not be compelled to pay it. How then can it be said that that tenant is favoured by this Bill? I did intend, if the time had allowed, to show that hon. Members opposite have used this unfortunate mistake to indulge in a no-rent campaign. Whether or not that has the support of the hon. Gentleman the Leader of the Labour party, I do not know. What, however, will most interfere with the provision of housing is interference with stability and credit, which I think this Bill does something to restore.
rose in his place and claimed to move, "That the Question be now put."
Question put, "That the Question be now put."
The House divided: Ayes, 292; Noes, 196.
Division No. 8.] AYES. [11.0 p.m. Agg-Gardner, Sir James Tynte Butler, H. M. (Leeds, North) Elliot, Capt. Walter E. (Lanark) Ainsworth, Captain Charles Butt, Sir Alfred Ellis, R. G. Alexander, E. E. (Leyton, East) Button, H. S. Erskine, James Malcolm Monteith Alexander, Col. M. (Southwark) Cadogan, Major Edward Erskine, Lord (Weston-super-Mare) Amery, Rt. Hon. Leopold C. M. S. Campion, Lieut.-Colonel W. R. Erskine-Bolst, Captain C. Apsley, Lord Cassels, J. D. Evans, Ernest (Cardigan) Archer-Shee, Lieut.-Colonel Martin Cautley, Henry Strother Eyres-Monsell, Com. Bolton M. Ashley, Lt.-Col. Wilfrid W. Cayzer, Sir C. (Chester, City) Falcon, Captain Michael Astor, J. J. (Kent, Dover) Cecil, Rt. Hon. Sir Evelyn (Aston) Falle, Major Sir Bertram Godfray Astor, Viscountess Cecil, Rt. Hon. Lord H. (Ox. Univ.) Fawkes, Major F. H. Baird, Rt. Hon. Sir John Lawrence Cecil, Rt. Hon. Lord R. (Hitchin) Ford, Patrick Johnston Baldwin, Rt. Hon. Stanley Chadwick, Sir Robert Burton Foreman, Sir Henry Balfour, George (Hampstead) Chamberlain, Rt. Hon. N. (Ladywood) Foxcroft, Captain Charles Talbot Banks, Mitchell Chapman, Sir S. Fraser, Major Sir Keith Banner, Sir John S. Harmood- Churchman, Sir Arthur Fremantle, Lieut.-Colonel Francis E. Barlow, Rt. Hon. Sir Montague Clarry, Reginald George Furness, G. J. Barnett, Major Richard W. Clayton, G. C. Galbraith, J. F. W. Barnston, Major Harry Cobb, Sir Cyril Ganzoni, sir Jonn Becker, Harry Cohen, Major J. Brunel Garland, C. S. Bell, Lieut.-Col. W. C. H. (Devizes) Colfox, Major Wm. Phillips Gates, Percy Bellairs, Commander Carlyon W. Colvin, Brig.-General Richard Beale Gaunt, Rear-Admiral Sir Guy R. Benn, Sir A. S. (Plymouth, Drake) Conway, Sir W. Martin Goff, Sir R. Park Bentinck, Lord Henry Cavendish- Cope, Major William Gould, James C. Berry, Sir George Courthope, Lieut.-Col. George L. Gray, Harold (Cambridge) Betterton, Henry B. Craig, Capt. C. C. (Antrim, South) Greaves-Lord, Walter Birchall, Major J. Dearman Craik, Rt. Hon. Sir Henry Greenwood, William (Stockport) Blundell, F. N. Croft, Lieut.-Colonel Henry Page Gretton, Colonel John Bowyer, Capt. G. E. W. Crook, C. W. (East Ham, North) Guinness, Lieut.-Col. Hon. W. E. Brass, Captain W. Crooke, J. S. (Deritend) Gwynne, Rupert S. Bridgeman, Rt. Hon. William Clive Curzon, Captain Viscount Hacking, Captain Douglas H. Brittain, Sir Harry Dalziel, Sir D. (Lambeth, Brixton) Hall, Lieut.-Col. Sir F. (Dulwich) Brown, Major D. C. (Hexham) Davidson, J. C. C. (Hemel Hempstead) Hall, Rr-Adml Sir W. (Liv'p'l, W.D'by) Brown, Brig.-Gen. Clifton (Newbury) Davidson, Major-General Sir J. H. Halstead, Major D. Bruford, R. Davies, Alfred Thomas (Lincoln) Hamilton, Sir George C. (Altrincham) Bruton, Sir James Davies, Thomas (Cirencester) Hancock, John George Buckingham, Sir H. Davison, Sir W. H. (Kensington, S.) Hannon, Patrick Joseph Henry Buckley, Lieut.-Colonel A. Dawson, Sir Philip Harmsworth, Hon. E. C. (Kent) Bull, Rt. Hon. Sir William James Dixon, Capt. H. (Belfast, E.) Harrison, F. C. Burn, Colonel Sir Charles Rosdew Doyle, N. Grattan Harvey, Major S. E. Burney, Com. (Middx., Uxbridge) Du Pre, Colonel William Baring Hawke, John Anthony Butcher, Sir John George Edmondson, Major A. J. Hay, Major T. W. (Norfolk, South) Hennessy, Major J. R. G. Moles, Thomas Sanders, Rt. Hon. Sir Robert A. Herbert, Col. Hon. A. (Yeovil) Molloy, Major L. G. S. Sanderson, Sir Frank B. Herbert, Dennis (Hertford, Watford) Molson, Major John Elsdale Sandon, Lord Herbert, S. (Scarborough) Moore-Brabazon, Lieut.-Col. J. T. C. Scott, Sir Leslie (Liverp'l, Exchange) Hiley, Sir Ernest Morden, Col. W. Grant Sheffield, Sir Berkeley Hoare, Lt.-Col. Rt. Hon. Sir S. J. G. Morrison, Hugh (Wilts, Salisbury) Shepperson, E. W. Hogg, Rt. Hon. Sir D. (St. Marylebone) Murchison, C. K. Shipwright, Captain D. Hohler, Gerald Fitzroy Nall, Major Joseph Simpson-Hinchcliffe, W. A. Holbrook, Sir Arthur Richard Nesbitt, J. C. Singleton, J. E. Hood, Sir Joseph Newman, Colonel J. R. P. (Finchley) Skelton, A. N. Hopkins. John W. W. Newman, Sir R. H. S. D. L. (Exeter) Smith, Sir Allan M. (Croydon, South) Hopkinson, A. (Lancaster, Mossley) Newson, Sir Percy Wilson Smith, Sir Harold (Wavertree) Horne, Sir R. S. (Glasgow, Hillhead) Newton, Sir D. G. C. (Cambridge) Somerville, A. A. (Windsor) Howard, Capt. D. (Cumberland, N.) Nicholson, Brig.-Gen. J. (Westminster) Somerville, Daniel (Barrow-in-Furness) Howard-Bury, Lieut.-Col. C. K. Nicholson, William G. (Petersfield) Sparkes, H. W. Hudson, Capt. A. Nield, Sir Herbert Spears, Brig.-Gen. E. L. Hughes, Collingwood Norton-Griffiths, Lieut.-Col. Sir John Spender-Clay, Lieut.-Colonel H. H. Hume, G. H. Oman, Sir Charles William C. Stanley, Lord Hunter-Weston, Lt.-Gen. Sir Aylmer O'Neill, Rt. Hon. Hugh Steel, Major S. Strang Hurd, Percy A. Ormsby-Gore. Hon. William Stewart, Gershom (Wirral) Hurst, Lieut.-Colonel Gerald B. Paget, T. G. Stott, Lt.-Col. W. H. Hutchison, W. (Kelvingrove) Parker, Owen (Kettering) Stuart, Lord C. Crichton- Inskip, Sir Thomas Walker H. Pennefather, De Fonblanque Sueter, Rear-Admiral Murray Fraser Jackson, Lieut.-Colonel Hon. F. S. Penny, Frederick George Sugden, Sir Wilfrid H. James, Lieut.-Colonel Hon. Cuthbert Percy, Lord Eustace (Hastings) Sutcliffe, T. Jephcott, A. R. Perkins, Colonel E. K. Sykes, Major-Gen. Sir Frederick H. Jodrell, Sir Neville Paul Peto, Basil E. Terrell, Captain R. (Oxford, Henley) Johnson, Sir L. (Walthamstow, E.) Pielou, D. P. Thomson, Luke (Sunderland) Jones, G. W. H. (Stoke Newington) Pilditch, Sir Philip Thomson, F. C. (Aberdeen, South) Joynson-Hicks, Sir William Pownall, Lieut.-Colonel Assheton Titchfield, Marquess of Kelley, Major Fred (Rotherham) Preston, Sir W. R. Tryon, Rt. Hon. George Clement Kennedy, Captain M. S. Nigel Pretyman, Rt. Hon. Ernest G. Tubbs, S. W. King, Captain Henry Douglas Price, E. G. Vaughan-Morgan, Col. K. P. Lamb, J. Q. Privett, F. J. Wallace, Captain E. Lane-Fox, Lieut. Colonel G. R. Raeburn, Sir William H. Ward, Col. L. (Kingston-upon-Hull) Law, Rt. Hon. A. B. (Glasgow, C.) Raine, W. Warner, Sir T. Courtenay T. Leigh, Sir John (Clapham) Rankin, Captain James Stuart Watson, Capt. J. (Stockton-on-Tees) Lloyd, Cyril E. (Dudley) Rawlinson, Rt. Hon. John Fredk. Peel Watts, Dr. T. (Man., Withington) Lloyd-Greame, Rt. Hon. Sir P Rawson, Lieut.-Com. A. C. Wells, S. R. Lorden, John William Reid, D. D. (County Down) Weston, Colonel John Wakefield Lorimer, H. D. Remer, J. R. Wheler, Col. Granville C. H. Lowe, Sir Francis William Remnant, Sir James White, Lt.-Col. G. D. (Southport) Loyd, Arthur Thomas (Abingdon) Rentoul, G. S. Whitla, Sir William Lumley, L. R. Reynolds, W. G. W. Wilson, Col. M. J. (Richmond) Lynn, R. J. Richardson, Sir Alex. (Gravesend) Windsor, Viscount Macnaghten, Hon. Sir Malcolm Richardson, Lt.-Col. Sir P. (Chertsey) Winterton, Earl Maitland, Sir Arthur D. Steel- Roberts, Rt. Hon. G. H. (Norwich) Wise, Frederick McNeill, Ronald (Kent, Canterbury) Roberts, Samuel (Hereford, Hereford) Wolmer, Viscount Maddocks, Henry Roberts, Rt. Hon. Sir S. (Ecclesall) Wood, Sir H. K. (Woolwich, West) Makins, Brigadier-General E. Robertson, J. D. (Islington, W.) Wood, Major Sir S. Hill- (High Peak) Malone, Major P. B. (Tottenham, S.) Rothschild, Lionel de Woodcock, Colonel H. C. Manville, Edward Roundell, Colonel R. F. Yate, Colonel Sir Charles Edward Margesson, H. D. R. Ruggles-Brise, Major E. Yerburgh, R. D. T. Mason, Lieut.-Col. C. K. Russell, Alexander West (Tynemouth) Mercer, Colonel H. Russell, William (Bolton) TELLERS FOR THE AYES .—.— Milne, J. S. Wardlaw Russell-Wells, Sir Sydney Colonel Leslie Wilson and Colonel Gibbs. Mitchell, W. F. (Saffron Walden) Samuel, A. M. (Surrey, Farnham) Mitchell, Sir W. Lane (Streatham) Samuel, Samuel (W'dsworth, Putney)
NOES. Adams, D. Cairns, John Foot, Isaac Adamson, W. M. (Staff., Cannock) Cape, Thomas George, Major G. L. (Pembroke) Alexander, A. V. (Sheffield, Hillsbro') Chapple, W. A. Gosling, Harry Ammon, Charles George Charleton, H. C. Graham, D. M. (Lanark, Hamilton) Barker, G. (Monmouth, Abertillery) Clarke, Sir E. C. Graham, W. (Edinburgh, Central) Barnes, A. Collie, Sir John Gray, Frank (Oxford) Batey, Joseph Collins, Sir Godfrey (Greenock) Greenall, T. Benn, Captain Wedgwood (Leith) Collins, Pat (Walsall) Greenwood, A. (Nelson and Colne) Berkeley, Captain Reginald Collison, Levi Grenfell, D. R. (Glamorgan) Bonwick, A. Davies, David (Montgomery) Griffiths, T. (Monmouth, Pontypool) Bowdler, W. A. Davies, Evan (Ebbw Vale) Groves, T. Bowerman, Rt. Hon. Charles W. Davies, Rhys John (Westhoughton) Grundy, T. W. Briant, Frank Dudgeon, Major C. R. Guest, J. (York, W. R., Hemsworth) Broad, F. A. Duffy, T. Gavan Hall, F. (York W. R., Normanton) Bromfield, William Duncan, C. Hall, G. H. (Merthyr Tydvil) Brotherton, J. Dunnico, H. Hamilton, Sir R. (Orkney & Shetland) Brown, James (Ayr and Bute) Edge, Captain Sir William Harbord, Arthur Buchanan, G. Edmonds, G. Hardie, George D. Buckle, J. Edwards, C. (Monmouth, Bedwellty) Harney, E. A. Burgess, S. England, Lieut.-Colonel A. Harris, Percy A. Burnie, Major J. (Bootle) Entwistle, Major C. F. Hastings, Patrick Butler, J. R. M. (Cambridge Univ.) Fairbairn, R. R. Hay, Captain J. P. (Cathcart) Buxton, Charles (Accrington) Falconer, J. Hayday, Arthur Buxton, Noel (Norfolk, North) Fildes, Henry Henderson, T. (Glasgow) Herriotts, J. Morrison, R. C. (Tottenham, N.) Snowden, Philip Hill, A. Mosley, Oswald Spencer, George A. (Broxtowe) Hinds, John Muir, John W. Spencer, H. H. (Bradford, S.) Hirst, G. H. Murray, Hon. A. C. (Aberdeen) Stephenson, Lieut.-Colonel H. K. Hodge, Lieut.-Col. J. P. (Preston) Murray, John (Leeds, West) Stephen, Campbell Hogge, James Myles Murray, R. (Renfrew, Western) Sturrock, J. Leng Irving, Dan Newbold, J. T. W. Sullivan, J. Jarrett, G. W. S. Nichol, Robert Thomas, Rt. Hon. James H. (Derby) Jenkins, W. (Glamorgan, Neath) O'Grady, Captain James Thorne, G. R. (Wolverhampton, E.) Jenkins, W. A. (Brecon and Radnor) Oliver, George Harold Thorne, W. (West Ham, Plaistow) John, William (Rhondda, West) Paling, W. Thornton, M. Jones, Morgan (Caerphilly) Parker, H. (Hanley) Tillett, Benjamin Jones, R. T. (Carnarvon) Parkinson, John Allen (Wigan) Tout, W. J. Jones, T. I. Mardy (Pontypridd) Parry, Lieut.-Colonel Thomas Henry Trevelyan, C. P. Jowett, F. W. (Bradford, East) Pattinson, S. (Horncastle) Turner, Ben Jowitt, W. A. (The Hartlepools) Phillipps, Vivian Twist, H. Kenyon, Barnet Philipson, H. H. Walsh, Stephen (Lancaster, Ince) Kirkwood, D. Ponsonby, Arthur Warne, G. H. Lambert, Rt. Hon. George Potts, John S. Watson, W. M. (Dunfermline) Lansbury, George Pringle, W. M. R. Watts-Morgan, Lt.-Col. D. (Rhondda) Lawson, John James Richards, R. Webb, Sidney Leach, W. Richardson, R. (Houghton-le-Spring) Wedgwood, Colonel Josiah C. Lee, F. Riley, Ben Weir, L. M. Lees-Smith, H. B. (Keighley) Ritson, J. Welsh, J. C. Linfield, F. C. Roberts, C. H. (Derby) Westwood, J. Lowth, T. Robertson, J. (Lanark, Bothwell) Wheatley, J. Lunn, William Robinson, W. C. (York, Elland) White, Charles F. (Derby, Western) McCurdy, Rt. Hon. Charles A. Rose, Frank H. Whiteley, W. MacDonald, J. R. (Aberavon) Royce, William Stapleton Wignall, James M'Entee, V. L. Saklatvala, S. Williams, David (Swansea, E.) McLaren, Andrew Salter, Dr. A. Williams, Dr. J. H. (Llanelly) Macnamara, Rt. Hon. Dr. T. J. Scrymgeour, E. Williams, T. (York, Don Valley) March, S. Shakespeare, G. H. Wilson, C. H. (Sheffield, Attercliffe) Marks, Sir George Croydon Shaw, Hon. Alex. (Kilmarnock) Wilson, R. J. (Jarrow) Marshall, Sir Arthur H. Shaw, Thomas (Preston) Wood, Major M. M. (Aberdeen, C.) Martin, F. (Aberd'n & Kinc'dine, E.) Shinwell, Emanuel Wright, W. Maxton, James Short, Alfred (Wednesbury) Young, Rt. Hon. E. H. (Norwich) Middleton, G. Simon, Rt. Hon. Sir John Young, Robert (Lancaster, Newton) Millar, J. D. Simpson, J. Hope Mond, Rt. Hon. Sir Alfred Moritz Sinclair, Sir A. TELLERS FOR THE NOES .—.— Moreing, Captain Algernon H. Sitch, Charles H. Mr. Arthur Henderson and Mr. Morel, E. D. Smith, T. (Pontefract) Nell Maclean. Morris, Harold Snell, Harry
Question put accordingly, "That the word 'now' stand part of the Question."
The House divided: Ayes, 288; Noee, 196.
Division No. 9.] AYES. [11.12 p.m. Agg-Gardner, Sir James Tynte Bruton, Sir James Crook, C. W. (East Ham, North) Ainsworth, Captain Charles Buckingham, Sir H. Crooke, J. S. (Deritend) Alexander, E. E. (Leyton, East) Buckley, Lieut.-Colonel A. Curzon, Captain Viscount Alexander, Col. M. (Southwark) Bull, Rt. Hon. Sir William James Dalziel, Sir D. (Lambeth, Brixton) Amery, Rt. Hon. Leopold C. M. S. Burn, Colonel Sir Charles Rosdew Davidson, J. C. C. (Hemel Hempstead) Apsley, Lord Burney, Com. (Middx., Uxbridge) Davidson, Major-General Sir J. H. Archer-Shee, Lieut.-Colonel Martin Butcher, Sir John George Davies, Alfred Thomas (Lincoln) Ashley, Lt.-Col. Wilfrid W. Butler, H. M. (Leeds, North) Davies, Thomas (Cirencester) Astor, J. J. (Kent, Dover) Butt, Sir Alfred Davison, Sir W. H. (Kensington, S.) Astor, Viscountess Button, H. S. Dawson, Sir Philip Baird, Rt. Hon. Sir John Lawrence Cadogan, Major Edward Dixon, C. H. (Rutland) Baldwin, Rt. Hon. Stanley Campion, Lieut.-Colonel W. R. Doyle, N. Grattan Balfour, George (Hampstead) Cassels, J. D. Du Pre, Colonel William Baring Banks, Mitchell Cautley, Henry Strother Edmondson, Major A. J. Banner, Sir John S. Harmood- Cayzer, Sir C. (Chester, City) Elliot, Capt. Walter E. (Lanark) Barlow, Rt. Hon. Sir Montague Cecil, Rt. Hon. Sir Evelyn (Aston) Ellis, R. G. Barnett, Major Richard W. Cecil, Rt. Hon. Lord H. (Ox. Univ.) Erskine, James Malcolm Monteith Barnston, Major Harry Cecil, Rt. Hon. Lord R. (Hitchin) Erskine, Lord (Weston-super-Mare) Becker, Harry Chadwick, Sir Robert Burton Erskine-Bolst, Captain C. Bell, Lieut.-Col. W. C. H. (Devizes) Chamberlain, Rt. Hon. N. (Ladywood) Eyres-Monsell, Com. Bolton M. Bellairs, Commander Carlyon W. Chapman, Sir S. Falcon, Captain Michael Benn, Sir A. S. (Plymouth, Drake) Churchman, Sir Arthur Falle, Major Sir Bertram Godfray Bentinck, Lord Henry Cavendish- Clarry, Reginald George Fawkes, Major F. H. Berry, Sir George Clayton, G. C. Ford, Patrick Johnston Betterton, Henry B. Cobb, Sir Cyril Foreman, Sir Henry Birchall, Major J. Dearman Cohen, Major J. Brunel Foxcroft, Captain Charles Talbot Blundell, F. N. Colfox, Major Wm. Phillips Fraser, Major Sir Keith Bowyer, Capt. G. E. W. Colvin, Brig.-General Richard Beale Fremantle, Lieut.-Colonel Francis E. Brass, Captain W. Conway, Sir W. Martin Furness, G. J. Bridgeman, Rt. Hon. William Clive Cope, Major William Galbraith, J. F. W. Brittain, Sir Harry Courthope, Lieut.-Col. George L. Ganzoni, Sir John Brown, Major D. C. (Hexham) Craig, Captain C. C. (Antrim, South) Garland, C. S. Brown, Brig.-Gen. Clifton (Newbury) Craik, Rt. Hon. Sir Henry Gates, Percy Bruford, R. Croft, Lieut.-Colonel Henry Page Gaunt, Rear-Admiral Sir Guy R.
Goff, Sir R. Park Macnaghten, Hon. Sir Malcolm Rothschild, Lionel de Gould, James C. McNeill, Ronald (Kent, Canterbury) Roundell, Colonel R. F. Gray, Harold (Cambridge) Maddocks, Henry Ruggles-Brise, Major E. Greaves-Lord, Walter Maitland, Sir Arthur D. Steel- Russell, Alexander West (Tynemouth) Greenwood, William (Stockport) Makins, Brigadier-General E. Russell, William (Bolton) Gretton, Colonel John Malone, Major P. B. (Tottenham, S.) Russell-Wells. Sir Sydney Guinness, Lieut.-Col. Hon. W. E. Manville, Edward Samuel, A. M. (Surrey, Farnham) Gwynne, Rupert S. Margesson, H. D. R. Samuel, Samuel (W'dsworth, Putney) Hacking, Captain Douglas H. Mason, Lieut.-Col. C. K. Sanders, Rt. Hon. Sir Robert A. Hall, Lieut.-Col. Sir F. (Dulwich) Mercer, Colonel H. Sanderson, Sir Frank B Hall, Rr-Adml Sir W. (Liv'p'l, W. D'by) Milne, J. S. Wardlaw Sandon, Lord Halstead, Major D. Mitchell, W. F. (Saffron Walden) Scott, Sir Leslie (Liverp'l, Exchange) Hamilton, Sir George C. (Altrincham) Mitchell, Sir W. Lane (Streatham) Sheffield, Sir Berkeley Hannon, Patrick Joseph Henry Moles, Thomas Shepperson, E. W. Harmsworth, Hon. E. C. (Kent) Molloy, Major L. G. S. Shipwright, Captain D. Harrison, F. C. Molson, Major John Elsdale Simpson-Hinchcliffe, W. A. Harvey, Major S. E. Moore-Brabazon, Lieut.-Col. J. T. C. Singleton, J. E. Hawke, John Anthony Morden, Col. W. Grant Skelton, A. N. Hay, Major T. W. (Norfolk, South) Morrison, Hugh (Wilts, Salisbury) Smith, Sir Allan M. (Croydon, South) Hennessy, Major J. R. G. Murchison, C. K. Smith, Sir Harold (Wavertree) Herbert, Col. Hon. A. (Yeovil) Nall, Major Joseph Somerville, A. A. (Windsor) Herbert, Dennis (Hertford, Watford) Nesbitt, J. C. Somerville, Daniel (Barrow-in-Furness) Herbert, S. (Scarborough) Newman, Colonel J. R. P. (Finchley) Sparkes, H. W. Hiley, Sir Ernest Newman, Sir R. H. S. D. L. (Exeter) Spears, Brig.-Gen. E. L. Hoare, Lt.-Col. Rt. Hon. Sir S. J. G. Newson, Sir Percy Wilson Spender-Clay, Lieut.-Colonel H. H. Hogg, Rt. Hon. Sir D.(St. Marylebone) Newton, Sir D. G. C. (Cambridge) Stanley, Lord Hohler, Gerald Fitzroy Nicholson, Brig.-Gen. J. (Westminster) Steel, Major S. Strang Holbrook, Sir Arthur Richard Nicholson, William G. (Petersfield) Stewart, Gershom (Wirral) Hood, Sir Joseph Nield, Sir Herbert Stott, Lt.-Col. W. H. Hopkins, John W. W. Norton-Griffiths, Lieut.-Col. Sir John Stuart, Lord C. Crichton- Hopkinson, A. (Lancaster, Mossley) Oman, Sir Charles William C. Sueter, Rear-Admiral Murray Fraser Horne, Sir R. S. (Glasgow, Hillhead) O'Neill, Rt. Hon. Hugh Sugden, Sir Wilfrid H. Howard, Capt. D. (Cumberland, N.) Ormsby-Gore, Hon. William Sutcliffe, T. Howard-Bury, Lieut.-Col. C. K. Paget, T. G. Sykes, Major-Gen. Sir Frederick H. Hudson, Capt. A. Parker, Owen (Kettering) Terrell, Captain R. (Oxford, Henley) Hughes, Collingwood Pennefather, De Fonblanque Thomson, Luke (Sunderland) Hume, G. H. Penny, Frederick George Thomson, F. C. (Aberdeen, South) Hunter-Weston, Lt.-Gen. Sir Aylmer Percy, Lord Eustace (Hastings) Titchfield, Marquess of Hurd, Percy A. Perkins, Colonel E. K. Tryon, Rt. Hon. George Clement Hurst, Lieut.-Colonel Gerald B. Peto, Basil E. Tubbs, S. W. Hutchison, W. (Kelvingrove) Pielou, D. P. Vaughan-Morgan, Col. K. P. Inskip, Sir Thomas Walker H. Pilditch, Sir Philip Wallace, Captain E. Jackson, Lieut.-Colonel Hon. F. S. Pownall, Lieut.-Colonel Assheton Ward, Col. L. (Kingston-upon-Hull) James, Lieut.-Colonel Hon. Cuthbert Preston, Sir W. R. Watson, Capt. J. (Stockton-on-Tees) Jephcott, A. R. Pretyman, Rt. Hon. Ernest G. Watts, Dr. T. (Man., Withington) Jodrell, Sir Neville Paul Price, E. G. Wells, S. R. Johnson, Sir L. (Walthamstow, E.) Privett, F. J. Weston, Colonel John Wakefield Joynson-Hicks, Sir William Raeburn, Sir William H. Wheler, Col. Granville C. H. Kelley, Major Fred (Rotherham) Raine, W. White, Lt.-Col. G. D. (Southport) Kennedy, Captain M. S. Nigel Rankin, Captain James S. Whitla, Sir William King, Captain Henry Douglas Rawlinson, Rt. Hon. John Fredk. Peel Wilson, Col. M. J. (Richmond) Lamb, J. Q. Rawson, Lieut.-Com. A. C. Windsor, Viscount Lane-Fox, Lieut.-Colonel G. R. Reid, D. D. (County Down) Winterton, Earl Law, Rt. Hon. A. B. (Glasgow, C.) Remer, J. R. Wise, Frederick Leigh, Sir John (Clapham) Remnant, Sir James Wolmer, Viscount Lloyd, Cyril E. (Dudley) Rentoul, G. S. Wood, Sir H. K. (Woolwich, West) Lloyd-Greame, Rt. Hon. Sir P. Reynolds, W. G. W. Wood, Major Sir S. Hill- (High Peak) Lorden, John William Richardson, Sir Alex. (Gravesend) Woodcock, Colonel H. C. Lorimer, H. D. Richardson, Lt.-Col. Sir P. (Chertsey) Yate, Colonel Sir Charles Edward Lowe, Sir Francis William Roberts, Rt. Hon. G. H. (Norwich) Yerburgh, R. D. T. Loyd, Arthur Thomas (Abingdon) Roberts, Samuel (Hereford, Hereford) Lumley, L. R. Roberts, Rt. Hon. Sir S. (Ecclesall) TELLERS FOR THE AYES .—.— Lynn, R. J. Robertson, J. D. (Islington, W.) Colonel Leslie Wilson and Colonel Gibbs.
NOES. Adams, D. Buckle, J. Dudgeon, Major C. R. Adamson, W. M. (Staff., Cannock) Burgess, S. Duffy, T. Gavan Alexander, A. V. (Sheffield, Hillsbro') Burnie, Major J. (Bootle) Duncan, C. Ammon, Charles George Butler, J. R. M. (Cambridge Univ.) Dunnico, H. Barker, G. (Monmouth, Abertillery) Buxton, Charles (Accrington) Edge, Captain Sir William Barnes, A. Buxton, Noel (Norfolk, North) Edmonds, G. Batey, Joseph Cairns, John Edwards, C. (Monmouth, Bedwellty) Benn, Captain Wedgwood (Leith) Cape, Thomas England, Lieut.-Colonel A. Berkeley, Captain Reginald Chapple, W. A. Entwistle, Major C. F. Bonwick, A. Charleton, H. C. Evans, Ernest (Cardigan) Bowdler, W. A. Clarke, Sir E. C. Fairbairn, R. R. Bowerman, Rt. Hon. Charles W. Collie, Sir John Falconer, J. Briant, Frank Collins, Sir Godfrey (Greenock Foot, Isaac Broad, F. A. Collins, Pat (Walsall) George, Major G. L. (Pembroke) Bromfield, William Collison, Levi Gosling, Harry Brotherton, J. Davies, David (Montgomery) Graham, D. M. (Lanark, Hamilton) Brown, James (Ayr and Bute) Davies, Evan (Ebbw Vale) Graham, W. (Edinburgh, Central) Buchanan, G. Davies, Rhys John (Westhoughton) Gray, Frank (Oxford)
Greenall, T. McLaren, Andrew Simon, Rt. Hon. Sir John Greenwood, A. (Nelson and Colne) Macnamara, Rt. Hon. Dr. T. J. Simpson, J. Hope Grenfell, D. R. (Glamorgan) March, S. Sinclair, Sir A. Griffiths, T. (Monmouth, Pontypool) Marks, Sir George Croydon Sitch, Charles H. Groves, T. Marshall, Sir Arthur H. Smith, T. (Pontefract) Grundy, T. W. Martin, F. (Aberd'n & Kinc'dlne, E.) Snell, Harry Guest, J. (York, Hemsworth) Maxton, James Snowden, Philip Hall, F. (York, W. R., Normanton) Middleton, G. Spencer, George A. (Broxtowe) Hall, G. H. (Merthyr Tydvil) Millar, J. D. Spencer, H. H. (Bradford, S.) Hamilton, Sir R. (Orkney & Shetland) Mond, Rt. Hon. Sir Alfred Moritz Stephen, Campbell Hancock, John George Moreing, Captain Algernon H. Stephenson, Lieut.-Colonel H. K. Harbord, Arthur Morel, E. D. Sturrock, J. Lang Hardie, George D. Morris, Harold Sullivan, J. Harney, E. A. Morrison, R. C. (Tottenham, N.) Thomas, Rt. Hon. Jamas H. (Darby) Harris, Percy A. Mosley, Oswald Thorne, G. R. (Wolverhampton, E.) Hastings, Patrick Muir, John W. Thorne, W. (West Ham, Plaistow) Hay, Captain J. P. (Cathcart) Murray, Hon. A. C. (Aberdeen) Thornton, M. Hayday, Arthur Murray, John (Leeds, West) Tillett, Benjamin Henderson, T. (Glasgow) Murray, R. (Renfrew, Western) Tout, W. J. Herriotts, J. Newbold, J. T. W. Trevelyan, C. P. Hill, A. Nichol, Robert Turner, Ben Hinds, John O'Grady, Captain James Twist, H. Hirst, G. H. Oliver, George Harold Walsh, Stephen (Lancaster, Ince) Hodge, Lieut.-Col. J. P. (Preston) Paling, W. Warne, G. H. Hogge, James Myles Parker, H. (Hanley) Watson, W. M. (Dunfermline) Irving, Dan Parkinson, John Allen (Wigan) Watts-Morgan, Lt.-Col. D. (Rhondda) Jarrett, G. W. S. Parry, Lieut.-Colonel Thomas Henry Webb, Sidney Jenkins, W. (Glamorgan, Neath) Pattinson, S. (Horncastle) Wedgwood, Colonel Josiah C. Jenkins, W. A. (Brecon and Radnor) Phillipps, Vivian Weir, L. M. John, William (Rhondda, West) Ponsonby, Arthur Welsh, J. C. Jones, Morgan (Caerphilly) Potts, John S. Westwood, J. Jones, R. T. (Carnarvon) Pringle, W. M. R. Wheatley, J. Jones, T. I. Mardy (Pontypridd) Richards, R. White, Charles F. (Derby, Western) Jowett, F. W. (Bradford, East) Richardson. R. (Houghton-le-Spring) Whiteley, W. Jowitt, W. A. (The Hartlepools) Riley, Ben Wignall, James Kenyon, Barnet Ritson, J. Williams David (Swansea, E.) Kirkwood, D. Roberts, C. H. (Derby) Williams, Dr. J. H. (Llanelly) Lambert, Rt. Hon. George Robertson, J. (Lanark, Bothwell) Williams, T. (York, Don Valley) Lansbury, George Robinson, W. C. (York, Elland) Wilson, C. H. (Sheffield, Attercliffe) Lawson, John James Rose, Frank H. Wilson, R. J. (Jarrow) Leach, W. Royce, William Stapleton Wood, Major M. M. (Aberdeen, C.) Lee, F. Saklatvala, S. Wright, W. Lees-Smith, H. B. (Keighley) Salter, Dr. A. Young, Rt. Hon. E. H. (Norwich) Linfield, F. C. Scrymgeour, E. Young, Robert (Lancaster, Newton) Lowth, T. Shakespeare, G. H. Lunn, William Shaw, Hon. Alex. (Kilmarnock) TELLERS FOR THE NOES .—.— McCurdy, Rt. Hon. Charles A. Shaw, Thomas (Preston) Mr. Arthur Henderson and Mr. MacDonald, J. R. (Aberavon) Shinwell, Emanuel Neil Maclean. M'Entee, V. L. Short, Alfred (Wednesbury)
Bill read a Second time.
Motion made, and Question put, "That the Bill be committed to a Committee of
the Whole House."—[ Mr. Ramsay MacDonald. ]
The House divided: Ayes, 178; Noes, 298.
Division No. 10.] AYES. [11.23 p.m. Adams, D. Chapple, W. A. Greenwood, A. (Nelson and Colne) Adamson, W. M. (Staff., Cannock) Charleton, H. C. Grenfell, D. R. (Glamorgan) Alexander, A. V. (Sheffield, Hillsbro') Clarke, Sir E. C. Griffiths, T. (Monmouth, Pontypool) Ammon, Charles George Collie, Sir John Groves, T. Barker, G. (Monmouth, Abertillery) Collins, Sir Godfrey (Greenock) Grundy, T. W. Barnes, A. Collins, Pat (Walsall) Guest, J. (York, Hemsworth) Batey, Joseph Collison, Levi Hall, F. (York, W. R., Normanton) Benn, Captain Wedgwood (Leith) Davies, David (Montgomery) Hall, G. H. (Merthyr Tydvil) Berkeley, Captain Reginald Davies, Evan (Ebbw Vale) Hamilton, Sir R. (Orkney & Shetland) Bonwick, A. Davies, Rhys John (Westhoughton) Hancock, John George Bowerman, Rt. Hon. Charles W. Dudgeon, Major C. R. Harbord, Arthur Briant, Frank Duffy, T. Gavan Hardie, George D. Broad, F. A. Duncan, C. Harney, E. A. Bromfield, William Dunnico, H. Harris, Percy A. Brotherton, J. Edmonds, G. Hastings, Patrick Brown, James (Ayr and Bute) Edwards, C. (Monmouth, Bedwellty) Hay, Captain J. P. (Cathcart) Buchanan, G. Entwistle, Major C. F. Hayday, Arthur Buckle, J. Fairbairn, R. R. Henderson, T. (Glasgow) Burgess, S. Falconer, J. Herriotts, J. Burnie, Major J. (Bootle) Foot, Isaac Hill, A. Butler, J. R. M. (Cambridge Univ.) Gosling, Harry Hinds, John Buxton, Charles (Accrington) Graham, D. M. (Lanark, Hamilton) Hirst, G. H. Buxton, Noel (Norfolk, North) Graham, W. (Edinburgh, Central) Hodge, Lieut.-Col. J. P. (Preston) Cairns, John Gray, Frank (Oxford) Hogge, James Myles Cape, Thomas Greenall, T. Irving, Dan Jenkins, W. (Glamorgan, Neath) Nichol, Robert Sullivan, J. John, William (Rhondda, West) O'Grady, Captain James Thomas, Rt. Hon. James H. (Derby) Jones, Morgan (Caerphilly) Oliver, George Harold Thorne, G. R. (Wolverhampton, E.) Jones, R. T. (Carnarvon) Paling, W. Thorne, W. (West Ham, Plaistow) Jones, T. I. Mardy (Pontypridd) Parkinson, John Allen (Wigan) Thornton, M. Jowett, F. W. (Bradford, East) Pattinson, S. (Horncastle) Tillett, Benjamin Jowitt, W. A. (The Hartlepools) Phillipps, Vivian Tout, W. J. Kenyon, Barnet Ponsonby, Arthur Trevelyan, C. P. Kirkwood, D. Potts, John S. Turner, Ben Lambert, Rt. Hon. George Pringle, W. M. R. Twist, H. Lansbury, George Richards, R. Walsh, Stephen (Lancaster, Ince) Lawson, John James Richardson, R. (Houghton-le-Spring) Warne, G. H. Leach, W. Riley, Ben Watson, W. M. (Dunfermline) Lee, F. Ritson, J. Watts-Morgan, Lt.-Col. D. (Rhondda) Lees-Smith, H. B. (Keighley) Roberts, C. H. (Derby) Webb, Sidney Linfield, F. C. Robertson, J. (Lanark, Bothwell) Wedgwood, Colonel Josiah C. Lowth, T. Robinson, W. C. (York, Elland) Weir, L. M. Lunn, William Rose, Frank H. Welsh, J. C. McCurdy, Rt. Hon. Charles A. Royce, William Stapleton Westwood, J. MacDonald, J. R. (Aberavon) Saklatvala, S. Wheatley, J. M'Entee, V. L. Salter, Dr. A. White, Charles F. (Derby, Western) McLaren, Andrew Scrymgeour, E. Whiteley, W. March, S Shaw, Hon. Alex. (Kilmarnock) Wignall, James Marks, Sir George Croydon Shaw, Thomas (Preston) Williams, David (Swansea, E.) Marshall, Sir Arthur H. Shinwell, Emanuel Williams, Dr. J. H. (Llanelly) Martin, F. (Aberd'n & Kinc'dine, E.) Short, Alfred (Wednesbury) Williams, T. (York, Don Valley) Maxton, James Simon, Rt. Hon. Sir John Wilson, C. H. (Sheffield, Attercliffe) Middleton, G. Sinclair, Sir A. Wilson, R. J. (Jarrow) Mond, Rt. Hon. Sir Alfred Moritz Sitch, Charles H. Wood, Major M. M. (Aberdeen, C.) Morel, E. D. Smith, T. (Pontefract) Wright, W. Morrison, R. C. (Tottenham, N.) Snell, Harry Young, Robert (Lancaster, Newton) Mosley, Oswald Spencer, George A. (Broxtowe) Muir, John W. Spencer, H. H. (Bradford, S.) TELLERS FOR THE AYES .—.— Murray, John (Leeds, West) Stephenson, Lieut.-Colonel H. K. Mr. Arthur Henderson and Mr. Murray, R. (Renfrew, Western) Stephen, Campbell Neil Maclean. Newbold, J. T. W. Sturrock, J. Leng
NOES. Agg-Gardner, Sir James Tynte Campion, Lieut.-Colonel W. R. Eyres-Monsell, Com. Bolton M. Ainsworth, Captain Charles Cassels, J. D. Falcon, Captain Michael Alexander, E. E. (Leyton, East) Cautley, Henry Strother Falle, Major Sir Bertram Godfrey Alexander, Col. M. (Southwark) Cayzer, Sir C. (Chester, City) Fawkes, Major F. H. Amery, Rt. Hon. Leopold C. M. S. Cecil, Rt. Hon. Sir Evelyn (Aston) Ford, Patrick Johnston Apsley, Lord Cecil, Rt. Hon. Lord H. (Ox. Univ.) Foreman, Sir Henry Archer-Shee, Lieut.-Colonel Martin Cecil, Rt. Hon. Lord R. (Hitchin) Foxcroft, Captain Charles Talbot Ashley, Lt.-Col. Wilfrid W. Chadwick, Sir Robert Burton Fraser, Major Sir Keith Astor, J. J. (Kent, Dover) Chamberlain, Rt. Hon. N. (Ladywood) Fremantle, Lieut.-Colonel Francis E. Astor, viscountess Chapman, Sir S. Furness, G. J. Baird, Rt. Hon. Sir John Lawrence Churchman, Sir Arthur Galbraith, J. F. W. Baldwin, Rt. Hon. Stanley Clarry, Reginald George Ganzoni, Sir John Balfour, George (Hampstead) Clayton, G. C. Garland, C. S. Banks, Mitchell Cobb, Sir Cyril Gates, Percy Banner, Sir John S. Harmood- Cohen, Major J. Brunel Gaunt, Rear-Admiral Sir Guy R. Barlow, Rt. Hon. Sir Montague Colfox, Major Wm. Phillips George, Major G. L. (Pembroke) Barnett, Major Richard W. Colvin, Brig.-General Richard Beale Goff, Sir R. Park Barnston, Major Harry Conway, Sir W. Martin Gould, James C. Becker, Harry Cope, Major William Gray, Harold (Cambridge) Bell, Lieut.-Col. W. C. H. (Devizes) Courthope, Lieut.-Col. George L. Greaves-Lord, Walter Bellairs, Commander Carlyon W. Craig, Captain C. C. (Antrim, South) Greenwood, William (Stockport) Benn, Sir A. S. (Plymouth, Drake) Craik, Rt. Hon. Sir Henry Gretton, Colonel John Bentinck, Lord Henry Cavendish- Croft, Lieut.-Colonel Henry Page Guinness, Lieut.-Col. Hon. W. E. Berry, Sir George Crook, C. W. (East Ham, North) Gwynne, Rupert S. Betterton, Henry B. Crooke, J. S. (Deritend) Hacking, Captain Douglas H. Birchall, Major J. Dearman Curzon, Captain Viscount Hall, Lieut.-Col. Sir F. (Dulwich) Blundell, F. N. Dalziel, Sir D. (Lambeth, Brixton) Hall, Rr-Adml Sir W. (Liv'p'l, W. D'by) Bowyer, Capt. G. E. W. Davidson, J. C. C. (Hemel Hempstead) Halstead, Major D. Brass, Captain W. Davidson, Major-General Sir J. H. Hamilton, Sir George C. (Altrincham) Bridgeman, Rt. Hon. William Clive Davies, Alfred Thomas (Lincoln) Hannon, Patrick Joseph Henry Brittain, Sir Harry Davies, Thomas (Cirencester) Harmsworth, Hon. E. C. (Kent) Brown, Major D. C. (Hexham) Davison, Sir W. H. (Kensington, S.) Harrison, F. C. Brown, Brig.-Gen. Clifton (Newbury) Dawson, Sir Philip Harvey, Major S. E. Bruford, R. Dixon, C. H. (Rutland) Hawke, John Anthony Bruton, Sir James Doyle, N. Grattan Hay, Major T. W. (Norfolk, South) Buckingham, Sir H. Du Pre, Colonel William Baring Hennessy, Major J. R. G. Buckley, Lieut.-Colonel A. Edge, Captain Sir William Herbert, Col. Hon. A. (Yeovil) Bull, Rt. Hon. Sir William James Edmondson, Major A. J. Herbert, Dennis (Hertford, Watford) Burn, Colonel Sir Charles Rosdew Elliot, Capt. Walter E. (Lanark) Herbert, S. (Scarborough) Burney, Com. (Middx., Uxbridge) Ellis, R. G. Hiley, Sir Ernest Butcher, sir John George England, Lieut.-Colonel A. Hoare, Lt.-Col. Rt. Hon. Sir S. J. G. Butler, H. M. (Leeds, North) Erskine, James Malcolm Monteith Hogg, Rt. Hon. Sir D. (St. Marylebone) Butt, Sir Alfred Erskine, Lord (Weston-super-Mare) Hohler, Gerald Fitzroy Button, H. S. Erskine-Bolst, Captain C. Holbrook, Sir Arthur Richard Cadogan, Major Edward Evans, Ernest (Cardigan) Hood, Sir Joseph Hopkins, John W. W. Morris, Harold Sandon, Lord Hopkinson, A. (Lancaster, Mossley) Morrison, Hugh (Wilts, Salisbury) Scott, Sir Leslie (Liverp'l, Exchange) Horne, Sir R. S. (Glasgow, Hillhead) Murchison, C. K. Sheffield, Sir Berkeley Howard, Capt. D. (Cumberland, N.) Nall, Major Joseph Shepperson, E. W. Howard-Bury, Lieut.-Col. C. K. Nesbitt, J. C. Shipwright, Captain D. Hudson, Capt. A. Newman, Colonel J. R. P. (Finchley) Simpson-Hinchcliffe, W. A. Hughes, Collingwood Newman, Sir R. H. S. D. L. (Exeter) Singleton, J. E. Hume, G. H. Newson, Sir Percy Wilson Skelton, A. N. Hunter-Weston, Lt.-Gen. Sir Aylmer Newton, Sir D. G. C. (Cambridge) Smith, Sir Allan M. (Croydon, South) Hurd, Percy A. Nicholson, Brig.-Gen. J. (Westminster) Smith, Sir Harold (Wavertree) Hurst, Lieut.-Colonel Gerald B. Nicholson, William G. (Petersfield) Somerville, A. A. (Windsor) Hutchison, W. (Kelvingrove) Nield, Sir Herbert Somerville, Daniel (Barrow-in-Furness) Inskip, Sir Thomas Walker H. Norton-Griffiths, Lieut.-Col. Sir John Sparkes, H. W. Jackson, Lieut.-Colonel Hon. F. S. Oman, Sir Charles William C. Spears, Brig.-Gen. E. L. James, Lieut.-Colonel Hon. Cuthbert O'Neill, Rt. Hon. Hugh Spender-Clay, Lieut.-Colonel H. H. Jarrett, G. W. S. Ormsby-Gore, Hon. William Stanley, Lord Jenkins, W. A. (Brecon and Radnor) Paget, T. G. Steel, Major S. Strang Jephcott, A. R. Parker, Owen (Kettering) Stewart, Gershom (Wirral) Jodrell, Sir Neville Paul Penny, Frederick George Stott, Lt.-Col. W. H. Johnson, Sir L. (Walthamstow, E.) Percy, Lord Eustace (Hastings) Stuart, Lord C. Crichton- Jones, G. W. H. (Stoke Newington) Perkins, Colonel E. K. Sueter, Rear-Admiral Murray Fraser Joynson-Hicks, Sir William Peto, Basil E. Sugden, Sir Wilfrid H. Kelley, Major Fred (Rotherham) Philipson, H. H. Sutcliffe, T. Kennedy, Captain M. S. Nigel Pielou, D. P. Sykes, Major-Gen. Sir Frederick H. King, Captain Henry Douglas Pilditch, Sir Philip Terrell, Captain R. (Oxford, Henley) Lamb, J. Q. Pownall, Lieut.-Colonel Assheton Thomson, Luke (Sunderland) Lane-Fox, Lieut.-Colonel G. R. Preston, Sir W. R. Thomson, F. C. (Aberdeen, South) Law, Rt. Hon. A. B. (Glasgow, C.) Pretyman, Rt. Hon. Ernest G. Titchfield, Marquess of Leigh, Sir John (Clapham) Price, E. G. Tryon, Rt. Hon. George Clement Lloyd, Cyril E. (Dudley) Privett, F. J. Tubbs, S. W. Lloyd-Greame, Rt. Hon. Sir P. Raeburn, Sir William H. Vaughan-Morgan, Col. K. P. Lorden, John William Raine, W. Wallace, Captain E. Lorimer, H. D. Rankin, Captain James Stuart Ward, Col. L. (Kingston-upon-Hull) Lowe, Sir Francis William Rawlinson, Rt. Hon. John Fredk. Peel Watson, Capt. J. (Stockton-on-Tees) Loyd, Arthur Thomas (Abingdon) Rawson, Lieut.-Com. A. C. Watts, Dr. T. (Man., Withington) Lumley, L. R. Reid, D. D. (County Down) Wells, S. R. Lynn, R. J. Remer, J. R. Weston, Colonel John Wakefield Macnaghten, Hon. Sir Malcolm Remnant, Sir James Wheler, Col. Granville C. H. McNeill, Ronald (Kent, Canterbury) Rentoul, G. S. White, Lt.-Col. G. D. (Southports) Maddocks, Henry Reynolds, W. G. W. Whitla, Sir William Maitland, Sir Arthur D. Steel- Richardson, Sir Alex. (Gravesend) Wilson, Col. M. J. (Richmond) Makins, Brigadier-General E. Richardson, Lt.-Col. Sir P. (Chertsey) Windsor, Viscount Malone, Major P. B. (Tottenham, S.) Roberts, Rt. Hon. G. H. (Norwich) Winterton, Earl Manville, Edward Roberts, Samuel (Hereford, Hereford) Wise, Frederick Margesson, H. D. R. Roberts, Rt. Hon. Sir S. (Ecclesall) Wolmer, Viscount Mason, Lieut.-Col. C. K. Robertson, J. D. (Islington, W.) Wood, Sir H. K. (Woolwich, West) Mercer, Colonel H. Rothschild, Lionel de Wood, Maj. Sir S. Hill- (High Peak) Milne, J. S. Wardlaw Roundell, Colonel R. F. Woodcock, Colonel H. C. Mitchell, W. F. (Saffron Walden) Ruggles-Brise, Major E. Yate, Colonel Sir Charles Edward Mitchell, Sir W. Lane (Streatham) Russell, Alexander West (Tynemouth) Yerburgh, R. D. T. Moles, Thomas Russell, William (Bolton) Young, Rt. Hon. E. H. (Norwich) Molloy, Major L. G. S. Russell-Wells, Sir Sydney Molson, Major John Elsdale Samuel, A. M. (Surrey, Farnham) TELLERS FOR THE NOES .—.— Moore-Brabazon, Lieut.-Col. J. T. C. Samuel, Samuel (W'dsworth, Putney) Colonel Leslie Wilson and Colonel Gibbs. Morden, Col. W. Grant Sanders, Rt. Hon. Sir Robert A. Moreing, Captain Algernon H. Sanderson, Sir Frank B.
Bill committed to a Standing Committee.
Public Petitions
Ordered, That a Select Committee be appointed, to whom shall be referred all Petitions presented to the House, with the exception of such as relate to Private Bills; and that such Committee do classify and prepare abstracts of the same, in such form and manner as shall appear to them best suited to convey to the House all requisite information respecting their contents, and do report the same from time to time to the House; and that the reports of the Committee do set forth, in respect of each Petition, the number of signatures which are accompanied by addresses, and which are written on sheets headed in every case by the prayer of the Petition, provided that on every sheet after the first the prayer may be reproduced in print or by other mechanical process; that such Committee have power to direct the printing in extenso of such Petitions, or of such parts of Petitions, as shall appear to require it; and that such Committee shall have power to report their opinion and observations thereupon to the House:
Mr. Adamson, Mr. Blundell, Sir William Bull, Sir Godfrey Collins, Major Cope, Mr. Alfred Thomas Davies, Mr. Duncan, Lieut.-Colonel England, Mr. John Guest, Mr. George Hirst, Lieut.-Colonel James, Mr. Duncan Millar, Mr. Foot Mitchell, Viscount Windsor, and Sir Sydney Russell-Wells nominated members of the Committee.
Ordered, That the Committee have power to send for persons, papers, and records.
Ordered, That three be the quorum.—[ Colonel Gibbs. ]
Estimates Committee
Ordered, That a Select Committee be appointed to examine such of the Estimates presented to this House as may seem fit to the Committee, and to suggest the form in which the Estimates shall be presented for examination, and to report what, if any, economies, consistent with the policy implied in those Estimates may be effected therein.
Ordered, That the Committee do consist of Twenty-four Members.
Sir Frederick Banbury, Captain Viscount Curzon, Mr. Edwards, Major Entwistle, Mr. Fawkes, Mr. Gould, Mr. Hannon, Mr. Harmsworth, Mr. Harris, Mr. Johnston, Mr. Pennefather, Mr. Penny, Sir Philip Pilditch, Lieut-Colonel Assheton Pownall, Mr. Rose, Mr. Arthur Michael Samuel, Major Sir Archibald Sinclair, Mr. Lees Smith, Mr. Snowden, Mr. Daniel Somerville, Lieut.-Colonel Stephenson, Mr. Wise, and Colonel Woodcock nominated Members of the Committee.
Ordered, That Seven be the quorum of the Committee.
Ordered, That the Committee have power to send for persons, papers, and records, and to sit notwithstanding any Adjournment of the House.
Ordered, That the Committee have power, if they so determine, to appoint one or more Sub-Committees, and in that event to apportion the subjects referred to the Committee between the Sub-Committees, any of which shall have the full powers of the undivided Committee; and that Four be the quorum of any of the Sub-Committees.
Ordered, That the Committee do report any evidence taken by the Committee or by any of the Sub-Committees to the House.—[ Colonel Gibbs. ]
The remaining Orders were read, and postponed.
It being after Half-past Eleven of the Clock, Mr. SPEAKER Adjourned the House without Question, put, pursuant to the Standing Order.
Adjourned at Twenty-four Minutes before Twelve o'Clock.