House of Commons
Wednesday, April 2, 1924
The House met at a Quarter before Three of the Clock, Mr. SPEAKER in the Chair.
Private Business
Rawtenstall Corporation Bill,
Read the Third time, and passed.
Ministry of Health Provisional Order (Watford Extension) Bill,
Read a Second time, and committed.
Street Accidents Caused by Vehicles
Address for Return "showing the number of accidents resulting in death or personal injury known by the police to have been caused by vehicles in streets, roads, or public places in Great Britain during the year ended the 31st day of December, 1923 (in continuation of Parliamentary Paper, No. 41, of Session 1923)."—[ Mr. Rhys Davies. ]
Oral Answers to Questions
Questions
Jubaland
asked the Under-secretary of State for Foreign Affairs whether, during the discussions with the Italian Government, any suggestion has been made that Jubaland should be held in future under a mandate of the League of Nations; and, if not, whether the advisability of this course will be borne in mind by His Majesty's Government?
The replies to both parts of the question are in the negative
Portugal (Import Duties)
asked the Secretary of State for Foreign Affairs whether the Portuguese Government have issued a decree instructing their consuls to charge a 4 per cent. ad valorem duty as a consular certificate fee in respect of exports to Portugal; whether it is the established practice in other countries to confine such fees to a charge commensurate with the cost of the work undertaken by the consuls in granting certificates; and what steps he proposes to take to safeguard British exports against this charge?
The answer to the first part of the question is in the affirmative, except as regards certain important articles of British export which only pay a 2 per cent. ad valorem fee. Although Portugal is the only European country to adopt this system, it is a common practice among Central and South American States. There are no treaty grounds on which a protest against this practice can be based, and as the Portuguese Government have not seen their way to yield to the representations which have been addressed to them on the subject, I fear that no further steps are open to His Majesty's Government.
Is not such a practice in effect collecting the duty in this country?
I am afraid that that is a matter of opinion.
Cannot we put on a reciprocal duty in this country?
Royal Navy
Singapore Docks (Aircraft Carriers)
asked the Parliamentary Secretary to the Admiralty whether the following aircraft carriers, His Majesty's ship "Eagle," His Majesty's ship "Furious," His Majesty's ship "Hermes," His Majesty's ship "Argus," and, when reconstructed, His Majesty's ship "Glorious" and His Majesty's ship "Courageous," can make use of the existing docking accommodation at Singapore if necessary?
His Majesty's ship "Eagle" cannot use the existing docking accommodation at Singapore. The King's Dock can take all the other aircraft carriers mentioned by the Noble Lord, including His Majesty's ships "Glorious" and "Courageous," after they have been reconstructed.
May I apologise to the hon. Gentleman for saying that he made an incorrect statement to the House on the Navy Estimates in this connection? I offer an unreserved apology.
New Cruiser Construction
asked the Parliamentary Secretary to the Admiralty if, in view of the fact that Australia proposes to lay down two new cruisers, he will consider the calling for tenders of three only instead of five cruisers in this country?
No, Sir. Any decision of the Commonwealth Government to build cruisers will be taken into account by the Cabinet Committee which has been set up to consider Cabinet policy in respect of the requirements of the Navy during the next ten years as regards the replacement of units of the Fleet other than capital ships.
Is it not a fact that these two cruisers are in replacement of two 25-knots ships over fifteen years old?
I understand that that is so.
Pensioner Clerks and Timekeepers (Pay)
asked the Parliamentary Secretary to the Admiralty whether he will give the rates of wages as paid to pensioner clerks and timekeepers employed in His Majesty's Dockyards; and the rates paid to second-grade and third-grade clerks in the same Departments?
As the reply is somewhat long, I will, with my hon. Friend's permission, circulate it in the OFFICIAL REPORT.
Would the hon. Gentleman consider whether, in the cases mentioned, they might give evidence before the Southborough Committee?
That is a matter of which my hon. Friend might give special notice.
The reply is as follows:
There are three grades of pensioner clerks employed in His Majesty's Dockyards and Naval Establishments, and they receive salaries on the following scales, all of which carry Civil Service bonus:—
Chief pensioner clerk, £250–15 (annually)—£350.
Senior pensioner clerk, £180–10 (annually)—£230.
Pensioner clerk, if established, £105–7½ (annually)—£160; if unestablished, 37s., by 2s. annually, to 56s. a week.
Timekeepers, if established, receive a daily wage on the scale 5s. 3d., by 4d. annually, to 8s., on the basis of a seven-day week, plus Civil Service bonus; if unestablished, they receive 5s., by 4d. annually, to 7s. 6d. a day, on the basis of a seven-day week, plus Civil Service bonus.
Timekeepers in responsible charge of muster stations receive in addition charge allowance of 1s. a day, provided that not less than 250 workpeople pass through the station.
Second grade clerks and third grade clerks receive annual salaries as follows:—
Second grade clerks, £200–10—£250, plus Civil Service bonus.
Third grade clerks, £52–75 (at 18 years of age)—5—£95–10—£180. Third grade clerks appointed before post-War reorganisation proceed to a personal maximum of £200; plus Civil Service bonus.
It should be pointed out that pensioner clerks are employed in cash and secretarial departments of His Majesty's Dockyards, whereas the higher clerical staff of the other departments is composed of departmental clerical grades (first, second and third grade clerks).
The two categories are not employed together in the same department.
Officers (Marriage Allowance)
asked the Parliamentary Secretary to the Admiralty whether the payment of marriage allowance to officers of the Royal Navy has yet received his consideration; and, if so, whether he is in a position to make any statement?
The matter is under consideration at the present moment, and I regret I am not yet in a position to make any statement.
Is the hon. Gentleman aware of the intense anxiety of married officers with families at school, who are faced with the possibility of a reduction of 5 per cent. in their pay?
Yes, we are aware of it, and everything will be done to expedite a settlement on the subject.
Should the decision be in the affirmative, will it be retrospective?
That will be considered.
His Majesty's Ship "Spitfire" (Stoker Petty Officers)
asked the Parliamentary Secretary to the Admiralty if any of the stoker petty officers in charge of His Majesty's ship "Spitfire," of the fourth destroyer flotilla, were recommended for services in action at the battle of Jutland; and, if so, if any special promotions followed?
Inquiries are being made, and if the hon. Member will repeat his question one day next week, I shall then be in a position to give a reply.
Portsmouth Dockyard (Engine Factory)
asked the Parliamentary Secretary to the Admiralty if he is aware that there exists in His Majesty's Dockyard, Portsmouth, a modern and well equipped engine factory and boiler shop; if he is aware of the proved capacity of dockyard officials and workmen; and will he have the engines of the new cruisers built in this dockyard?
The reply to the first two parts of the question is Yes, Sir. But the equipment is for a repair establishment only, and could not economically undertake the construction of the propelling machinery referred to in the last part of the question.
Hard-Lying Money
asked the Parliamentary Secretary to the Admiralty if he will consider the payment of hard-lying money to crews of His Majesty s torpedo boat destroyers when such ships are fitted with anti-submarine detection instructional gear, such gear encroaching on the limited messing and sleeping accommodation to such an extent that real hardship is experienced?
The question will be investigated.
Questions
Oil Fuel Supplies
asked the Parliamentary Secretary to the Admiralty whether, in view of the action taken by the President of the United States in appointing a commission to study the problem of oil fuel for the American navy and for national defence, His Majesty's Government will undertake similar inquiries with the view to making this country independent of foreign oil supplies by developing the production of motor spirit and other oils from British coal?
I have been asked to reply to this question. The question of the production of motor spirit and other oils from British coal is under continuous investigation by the Fuel Research Board, both by means of their own researches at His Majesty's Fuel Research Station, Greenwich, and by a close study of other attempts to solve this important problem both here and abroad.
Have the Fuel Research Board yet arrived at definite and practical results?
There is another question on that subject later.
asked the Home Secretary what has been accomplished by the Fuel Research Board during its several years of existence; and whether this Board has evolved a satisfactory fuel for naval and commercial purposes, or approved of any existing method for producing an efficient fuel to take the place of raw coal?
I have been asked to reply to this question. For the answer to the first part of the question, the hon. Member is referred to the Annual Reports of the Department of Scientific and Industrial Research, and the reports and other publications, 25 in number, already issued by the Fuel Research Board. In answer to the second part of the question, the Board has produced from coal on a large experimental scale both a suitable fuel oil for naval and commercial purposes and an efficient solid fuel to take the place of raw coal. The Board is, however, of the opinion that neither its own work nor that of any outside body has yet proved the economic possibility of such production on a national scale.
Can the right hon. Gentleman say on what size commercial scale the Board is producing this fuel?
I think the hon. Member will find it in the Report.
Is it not a fact that, no matter what is discovered at the Fuel Research Station at Greenwich, this or any other Government does not permit those engaged there to recommend any process to anyone?
Coastguard Service
asked the Parliamentary Secretary to the Admiralty whether the coastguard service in Great Britain is still under the control of his department; if it is proposed to abolish the service, and, if so, when; can he state approximately the number of men at present in the service and who will be affected by any change; and will steps be taken in order to continue these men in any new service that may be established for coast watching?
As regards the first and second parts of the question, I would refer the hon. Member to the statement on the subject by the late First Lord of the Admiralty on the 12th March last year. The term "coastguard" is now restricted to the Coast Watching Force under the Board of Trade. The only former coastguard personnel retained under the Admiralty are 394 officers and men employed at signal and wireless stations for which the Admiralty is responsible. As regards the third part of the question, no further change in the administration of these services is at present contemplated. The fourth part of the question, therefore, does not arise.
Ex-Service Men
Training
asked the Minister of Labour whether he is aware that Albert Oldland, of 41, Gerrish Avenue, Redfield, Bristol, who is in receipt of a life pension for war injuries, has been refused a period of training on the ground that he is ineligible under the existing regulations; and whether, seeng that Mr. Oldland will never be physically capable of undertaking heavy labour, he will consider the desirability of amending the regulations?
Mr. Oldland's application for training was made more than 18 months after the last date for accepting ordinary applications, and six years after his discharge from the Army, for more than five of which he was employed by his pre-War employer. He left his employment voluntarily and not on account of his disability. There does not appear to be any case for exceptional consideration.
asked the Minister of Labour whether he is aware that Alexander Glass, of 50, Holm Street, Govan, has been refused a term of training on the ground that his application was too late, and that his explanation of the delay in applying did not conform to the requirements of eligibility for acceptance as a late applicant; that the reason for the delay was that Glass was under medical treatment in Bellahouston hospital; whether to be under treatment in a hospital under the Ministry of Pensions is accepted as a sufficient and satisfactory explanation; and whether he will reconsider this case with a view to Glass receiving the training for which he has applied?
Mr. Glass did not apply for training until nearly two-and-a-half years after the last date for accepting ordinary applications, and over five years after he left the Army. He was in Bellahouston Hospital for only three months. He had ample opportunity for applying in good time, and I am afraid, on the facts submitted, I cannot now accept his application.
Village Settlements
asked the Minister of Health which village settle— ments for tuberculous ex-service men have been allotted grants to meet the cost of the erection of cottages and the amounts of such grants; why no grant has been made to the East Lancashire tuberculosis colony at Barrowmore; and will he consider the making of such a grant in the immediate future?
The village settlements in question are at Papworth and Preston Hall, and £10,000 has been allotted to each for this purpose. As regards Barrowmore my right hon. Friend understands that, at the suggestion of one of his predecessors, the Joint Finance Committee of the British Red Cross Society and the Order of St. John of Jerusalem have voted the sum of £10,000 to the East Lancashire tuberculosis colony in order that cottages may be provided there for tuberculous ex-service men. My right hon. Friend has called for a report as to the present position at Barrowmore and the need for any further development.
Civil Service Arbitration Board
asked the Financial Secretary to the Treasury whether ex-service and temporary staff, respectively, are represented on the Committee which is now considering the re-establishment of a court of arbitration for the Civil Service; and, if no such representation has been granted, whether he will take immediate steps to remedy this omission in view of the fact that the arbitration court will be called upon to deal with matters affecting temporary and ex-service staff as well as those affecting the permanent and established civil servants?
The answer to the first part of the question is in the affirmative; the answer to the second part does not therefore arise.
Joint Substitution Board
asked the Financial Secretary to the Treasury what are the functions of the additional member appointed to the Joint Substitution Board on the recommendation of the Southborough Committee; and, seeing that he merely forms an addition to the official side, will he see that the intention of the Southborough Committee to secure the addition of an impartial and unbiased representative on the board is carried into effect?
As the answer to this question is somewhat long, I will, with the hon. Member's permission, circulate it in the OFFICIAL REPORT.
Following is the answer:
I find no suggestion by Lord Southborough's Committee that the functions of the third member, who, they recommended, should be added to the Joint Substitution Board of the Treasury and Ministry of Labour, should have different functions from the existing members of that body, to the value of whose work the Committee testified. The Committee's recommendation has been carried out, with the sole modification that the third member has, in fact, been appointed Chairman of the Board.
The hon. Member's reference to an official side is wholly inaccurate, as he will see from my reply to the hon. Member for Edinburgh East (Mr. Hogge) on the 18th March, of which I am sending him a copy.
I very much regret the apparent imputation in the last part of the question of partiality and bias, for which there is no ground whatever.
Unemployment
Persons Seeking Work
asked the Minister of Labour what instructions are issued to local employment committees as to the steps they should take to ascertain whether an insured person is or is not genuinely seeking work; and what means they adopt for such purposes?
The directions to local employment committees in this connection are contained in Appendix II to pamphlet L.E.C. 82/2, a copy of which is in the Library of the House. I am sending a copy also to the hon. Member. These directions indicate the action to be taken by committees for this purpose.
Waiting Period
asked whether the Minister of Labour was aware that applicants for unemployment benefit who have left their employment of their own accord are being placed upon a six weeks' waiting period; whether he is aware that the Act gives power to reduce this period to not less than one week; and whether he will draw the special attention of the managers of Employment Exchanges and members of unemployment committees to this alternative and thereby enable unemployed people to receive the full benefit of the Act?
The question whether an applicant has voluntarily left his employment without just cause is determined by the machinery of Chief Insurance Officer, Court of Referees, and Umpire, who are fully aware of the discretionary power referred to in the question. Each case is considered on its merits, and a shorter period of disqualification than the maximum of six weeks is imposed when the circumstances warrant it.
In view of the fact that most of the decisions, in fact, all the decisions that are given, are for sax weeks, does the Minister of Labour consider that all these people have left their work voluntarily or have been discharged for misconduct?
I cannot accept the statement that all decisions are for six weeks.
In Glasgow they are.
Glasgow is not the Empire, of course.
Six weeks' waiting period does not apply to the Empire. The Minister of Labour should understand his own Act.
Benefit
asked the Minister of Labour whether he is aware that many peope are being refused unemployment benefit on the ground that no contributions have been paid during an insurance year; that this provision was put into the Act to prevent malingering; that the present abnormal conditions in industry in the country has made it impossible for many people to overcome this provision; and whether he will take steps to suspend, temporarily, at least, a provision which is imposing grave hardship on many deserving citizens?
The provision to which I presume the hon. Member refers is contained in the first part of Section 8 (4) of the Unemployment Insurance Act, 1920. It imposes a disqualification for the receipt of covenanted benefit, but does not apply to uncovenanted benefit. I have no power to alter the provision without legislation, but the point is being considered in connection with the Unemployment Insurance Bill which I hope to introduce immediately.
asked the Minister of Labour if, in view of the importance and interest of the Report on the investigation into the personal circumstances and industrial history of 10,000 claimants to unemployment benefit, he will have this document issued as a Parliamentary Paper?
To reprint this Report as a Parliamentary Paper would entail considerable expense. I realise, however, the importance of enabling hon. Members to acquaint themselves with its contents, and with this object I am arranging for a number of copies to be sent to the Vote Office.
asked the Minister of Labour whether he can arrange that unemployment benefit shall be payable in respect of each day of any continuous period of unemployment after the first day of such unemployment; and whether he will provide for the payment of 2s. 6d. per week for each child in the family instead of 1s. per week as at present?
These changes could not be made without legislation. I will bear the hon. Member's suggestion in mind in connection with the Unemployment Insurance Bill, which I hope to be able to introduce in the next few days.
Dictionary of Occupations
asked the Minister of Labour whether his Department has completed the compilation of the dictionary of occupations; and, if so, when it will be published?
There is a considerable amount of work still to be done in the compilation of the dictionary of occupations, and it is not at present possible to fix the date of publication.
Relief Woeks (State Expenditure)
asked the Minister of Labour if he can now say how much of the £7,750,000, which his predecessor announced would be spent on work for the unemployed before the 31st March in making roads, has been actually spent; whether any grants have been made to the Road Fund for roads and bridges from the Exchequer apart from the motor taxes; how much total money has been expended in the first three months of the year from public funds in work for the unemployed; and how many men have been employed in such work?
As the reply is necessarily long, I will, with the right hon. Member's permission, circulate it in the OFFICIAL REPORT.
Following is the reply:
I assume that the right hon. Member refers to statements by Sir Montague Barlow on 1st August, 1923, and 15th November, 1923, in which the estimated expenditure under various road programmes was given as £7,500,000 (not £7,750,000) for the financial year 1923–24. This included both expenditure from the Road Fund and expenditure by local authorities.
As indicated by the Minister of Transport to the House on 10th March, the actual expenditure, from the Road Fund and by local authorities, during the year in question is not expected to have exceeded £5,500,000. It is not, of course, possible yet to give precise figures. Substantially the difference will fall to be spent in 1924–25 or subsequent years.
Apart from certain grants made in respect of the programme for the years 1920–21 and 1921–22, no grants have been made to the Road Fund for roads and bridges from the Exchequer, apart from the motor taxes.
I am not clear what the right hon. Member means by "expended from public funds"; the payments put of Government moneys during the last three months for the purpose indicated above have been approximately £1,350,000, of which about £750,000 has been paid from the Road Funds. This excludes credit operations and liabilities incurred which will fall on future years, as well as expenditure on acceleration of contracts and expenditure by local authorities.
According to the reports as made to my Department, there were on the 14th March, 72,302 men directly employed on works carried out by local authorities with assistance from the Ministry of Transport, Unemployment Grants Committee, Ministry of Agriculture, and on other works. These reports, however, are inevitably incomplete, and further, do not take account of the number of men indirectly employed in connection with such schemes.
Miners, Durham
asked the Minister of Labour if he is aware that unemployed miners in the county of Durham are being ordered to go to Doncaster, although there is no housing accommodation when they get there; and if those who have had to return owing to their failure to find housing accommodation will have their railway fares returned to them?
I understand that employment for coal getters is available at Doncaster at the standard conditions of the area, and has been offered to apparently suitable unemployed workers in the county of Durham. The information at present before me is that lodgings are available, but I am having further inquiries made into this point, and will communicate the result to my hon. Friend as soon as possible.
If I can give the Minister three cases of men who have gone to Doncaster and have been unable to find lodgings, will the right hon. Gentleman then see that the men's return fares are paid?
If the hon. Member gives me any information of the kind, I will see what can be done within my powers to meet the circumstances of the case.
asked the Minister of Labour if he is aware that a miner named McGuinness, living at Crook, county Durham, has had his unemployed insurance benefit stopped because he was unable to go to Doncaster to work; and if he will order the payment of this man's unemployed insurance benefit?
I am having inquiry made and will communicate the result as soon as possible to my hon. Friend.
Share Fishermen
asked the Minister of Labour whether he will bring within the scope of the new Unemployment Insurance Bill that he is about to introduce all fishermen who are paid by the share?
No, Sir. I am not aware that there is any general desire among share-fishermen to be included in the unemployment insurance scheme.
Has the right hon. Gentleman taken into account the failure of the fishings of the past two or three years; and will he inquire into these failures, with special regard to some such provision as is indicated in my question?
If the hon. Member supplies me with information, I will consider that information, but share fishermen at present do not appear to have any desire at all to come within the provisions of the Bill.
Is the right hon. Gentleman aware that whole fleets of vessels have been laid up during the past fishing, in the port which I have the honour to represent, and that there is a special reason why the men should have the benefit of the Bill?
That is the same question.
Aliens
asked the Minister of Labour whether His Majesty's Government will now give the figures for the number of aliens receiving unemployed pay?
I would refer the hon. Member to the reply I gave to him on this subject on 19th March. As I have not so far received any indication that it is the general desire of the House that I should incur the expense of obtaining a return of aliens drawing uncovenanted benefit, I have not done so.
Can the right hon. Gentleman tell the House why it is not possible for the officials of the Employment Exchanges, without any extra cost, to ascertain, when paying out benefit, whether the recipients are aliens or not?
In view of the great expense to the country involved in this matter, is the House not entitled to know what is the cost?
With regard to the first supplementary question it would not be possible without increased cost to get particulars of the millions of people who receive payment in the course of a few months. [HON. MEMBERS: "Millions?"] With regard to the second supplementary question, I do not agree with, and there is no proof to support the assertion that large sums of money are being paid to aliens.
What would the right hon. Gentleman consider to be sufficient representations from this House in order to give the necessary permission for this return?
There are the ordinary channels of communication between the parties.
Does the right hon. Gentleman mean it is not possible to give the figures of payment for uncovenanted benefit apart from the covenanted benefit?
I have already given on several occasions full answers to these questions, put the conditions before the House, and supplied the information at my disposal. If, through the usual channels, the desire of the House is signified to spend money to getting the information which is here asked for, I am prepared to spend the money.
If the right hon. Gentleman has no information as to the number of aliens drawing uncovenanted benefit, did he cancel the regulations of his predecessor without information or consideration?
I cancelled the instructions of my predecessor because I had the right to do so, just as much as he had the right to make them and because I believed, and still believe, in the principle that persons subject to the same conditions should have the same treatment.
asked the Minister of Labour whether, in consideration of the fact that passport restrictions are being modified, he will see his way to place some check upon the number of aliens who may apply for unemployed pay?
I am informed by my right hon. Friend the Secretary for Home Affairs that there is not any proposal to relax the restrictions on the admission of aliens to this country, as to which I would refer the hon. Member to the reply given to him by my hon. Friend the Parliamentary Under-Secretary for Home Affairs on 19th March.
While unemployment is so rife in this country, will the right hon. Gentleman consider putting on a quota in regard to the introduction of aliens, as is done in the United States?
That question should be addressed to another Minister.
Local Authorities (Necessitous Areas)
asked the Minister of Health whether, in view of the great difficulty many local authorities are experiencing in meeting the calls upon their rates by the burden of unemployment charges, he will take steps to secure for them, in the more necessitous cases, a reduction in the rate of interest demanded by the Goschen Committee when making them loans to meet their payments to the able-bodied unemployed?
As the hon. Member is aware, the maximum immediate relief is given in suitable cases to the more necessitous areas by the postponement of the payment of interest on loans advanced by the Ministry. My right hon. Friend is afraid that it would not be possible to adopt the hon. Member's suggestion.
Are we to understand that the Government are prepared to do nothing at all?
I have nothing to add to the answer which I have given.
Is the hon. Gentleman aware of the number of deputations that have waited on the present Minister of Health and on past Ministers of Health on this question, and that we cannot rest satisfied with the answers we are getting?
asked the Minister of Health whether, in view of the excessive burden borne by local authorities in their schemes for providing work for the unemployed, he will increase the contribution provided by the Government in order to encourage local authorities to start such schemes?
After careful consideration, the Government have not seen their way to modify the existing terms of financial assistance to local authorities in respect of unemployment relief schemes.
Is the hon. Gentleman aware that the Government contribution to the schemes of local authorities works out at nearly 32 per cent. for non-revenue producing schemes, and only 11 per cent. for revenue producing schemes; and can he wonder that local authorities consider that the Government are trying to impose too great a burden upon them? Is he also aware that the Government are going to have a very warm time of it?
Questions
China (Piracy)
asked the Secretary of State for Foreign Affairs whether reports have reached him of an alarming increase of piracy in South China waters, and that piratical attacks on merchant vessels are of daily occurrence; whether he is aware that merchant shipmasters and officers consider the piracy regulations of the Hong Kong Government useless as a counter measure to piracy; that a large British shipping company are anxious, as a measure of safeguard, to instal wireless in their ships, but are prevented from doing so by a Government Regulation dealing with the nationality of the operators to be engaged for these ships; and what action does His Majesty's Government propose to take?
My right hon. Friend has asked me to answer this question. With regard to piracies, I would refer the hon. and gallant Member to the reply given on the 3rd March to the hon. Member for West Woolwich. The Governor will no doubt deal with the question of wireless telegraphy in his Report, and the applicability of the Regulations in question to Hong Kong waters can theft be further considered.
Would the right hon. Gentleman bear in mind the fact that the premier British company trading in that part of the world has no fewer than 70 wireless sets ready to be installed, and it cannot get on with the work because of this dispute about the nationality of the operators?
I am also aware of the Report of the Commission on this subject, and that it was not in favour of wireless. I have asked the Governor for a Report, and I will consider the whole question again.
Eight-Hour Day Bill
asked the Minister of Labour whether it is the proposal of the Government to introduce the Eight-hour Day Bill before Easter; and if he can state the date?
I hope to be in a position to introduce this Bill within a abort time, but I am not yet able to indicate the precise date.
When this Bill is introduced, will France, Belgium and other Continental countries adopt the same hours?
Will the Bill include provision for an eight-hour day for textile workers?
Will the right hon. Gentleman consider the advisability of delaying the introduction of this Bill until other countries which are in competition with us, bring themselves nearer to our standard in this respect?
With regard to the first supplementary question, the Bill will be introduced whether other countries take steps at the same time or not. With regard to the second supplementary question, textile workers will be included in the Bill. With regard to the third supplementary question, as this Convention was signed by our representatives in 1919, I am not prepared to give further delay.
Agricultural Labourers (Wages and Hours)
asked the Minister of Labour whether he can state the compara- tive wages paid to agricultural labourers in France, Germany, Italy, and Russia, and the number of hours worked in a normal week by such labourers?
No statistics of agricultural wages and hours of labour, in a comparable form, are at present available for the countries named in the hon. Member's question. I am sorry, therefore, that I cannot supply comparative figures such as he desires.
Housing
Rent Restrictions Act, 1923 (Administration)
asked the Minister of Health whether he has received any representations through the Home Office, or direct from County Court judges or benches of magistrates, with regard to the administration of the Rent Restrictions Act, 1923; and, if so, is he able to make any statement as to their purport?
Such representations would not ordinarily be addressed to my right hon. Friend as he has no responsibility for the actual administration of the Rent Restriction Acts. My right hon. Friend has, however, received a representation from the justices of the city of Bristol advocating the abolition of the special concessions secured by last year's Act to landlords who became landlords before the 30th June, 1922.
Are we to understand that before preparing the legislation which is to be introduced this afternoon, the Minister of Health consulted no County Court judges and none of the benches of magistrates of the country? [HON. MEMBERS: "Answer."]
As far as I understand, that question does not arise in any way out of the question on the Paper.
Land Purchase
asked the Minister of Health the average prices per acre paid for land purchased by county boroughs, other boroughs, and urban districts and rural districts, respectively, for purposes of the State-assisted housing schemes in the years 1922 and 1923?
As the reply involves a tabular statement, I will, with the permission of the hon. Member, circulate it in the OFFICIAL REPORT.
Following is the statement:
Information is not available as to the average price per acre paid for land in 1922–23, but the average capital cost of all land purchased by local authorities for the purposes of their assisted housing schemes under the Housing, Town Planning, Etc., Act, 1919, was as follows:
Areas of Local Authorities. Average Price Per Acre. £ London (L.C.C., City of London and Metropolitan Boroughs) 286 County Boroughs 234 Non-County Boroughs 206 Urban Districts 209 Rural Districts 126 All districts 206
White Hart Lane Estate, Tottenham
asked the Minister of Health whether he is aware that many tenants of post-War houses on the White Hart Lane Estate, Tottenham, are compelled to deprive themselves and their families of the necessaries of life in order to pay the rents demanded by the London County Council, which are considerably in excess of those charged for similar houses built at the same time and in the same district; that the rents upon this estate are based upon the rents charged upon the Old Oak Estate, Hammersmith, instead of upon the rents obtaining in the locality; and whether, in view of the fact that 40 local authorities in London and Greater London have received permission to reduce their rents, he will give consent to the London County Council making a reduction?
The answer to the first two parts of the question is "No." As regards the last part of the question, my right hon. Friend will be prepared to give full consideration to any representations by the London County Council if they are of opinion that the rents at present charged should be reduced having regard to the rules for the determination of rents laid down in the housing regulations.
In view of the previous answer given by the hon. Gentleman, when his Department admitted that the rents were 3s. in excess of those for similar houses in the same district, built at the same time, will he give favourable consideration, in the event of the London County Council asking for a reduction, to such a request?
We should, of course, give very full and careful consideration to representations made by the London County Council.
Barns, Huts, Etc. (Conversion)
asked the Minister of Health whether he is prepared to depart from the policy laid down in Section 12 of Circular 388A issued by the Ministry, dated 14th August, 1923, and to permit contribution in rural areas in respect of conversion of stone barns, army huts, or similar buildings, and in respect of any house which can be constructed by the conversion or adaptation of an existing building in approved cases?
I would suggest that the hon. and gallant Member should reserve his point until my right hon. Friend is in a position to place before the House the proposals of the Government in regard to housing.
Evictions
asked the Minister of Health whether he can now inform this House as to the number of applications made for orders for possession of houses and the number of such orders granted since August, 1923; the number of warrants for evictions granted and the number of ejectments actually made since August, 1923; and, if so, what proportions were for possession, for non-payment of rent, and for other causes, respectively?
I would refer the hon. Member to the reply given on Thursday last to the hon. Member for Dartford (Mr. Mills).
Cannot we get some more definite reply than that? Is not the Minister aware that this information is urgent for the purposes, not only of this House to-day, but of the Committee upstairs, at whatever trouble and expense?
I would point out that the question of obtaining this information is not a matter entirely within the control of the Minister of Health, and that he is consulting the Lord Chancellor in the matter.
Will the hon. Gentle man expedite this matter?
We will do our best.
Are we to understand that the Minister is without the possession of any of these very material facts for the Bill this afternoon?
Will the hon. Gentleman give a pledge to take into consultation the Ministers concerned, in order that this very vital information may be obtained?
My hon. Friend is now engaged in consultation with the Lord Chancellor.
asked the Attorney-General whether his attention has been drawn to the fact that in certain County Courts advantage is not taken of their powers to suspend the execution of orders to pay costs payable by a tenant against whom an order for possession is made; and will he take steps to remind them of their powers in order that hardships incurred by the prompt execution of these orders may be mitigated?
I have no such information as would lead me to suppose that County Court Judges are not aware of their powers in this respect, and do not take advantage of them in suitable cases. The question in each case is one for the discretion of the Judge, and I do not think that it would be proper to make suggestions to Judges as to the way in which their discretion should be exercised.
Can the Attorney-General state from his own experience and knowledge whether, in fact, County Court Judges are not administering these matters with great sympathy and consideration for the tenants?
I have no doubt that is so, but I have no personal knowledge of this matter.
asked the Home Secretary whether he will furnish a Return showing the number of evictions and the number of persons evicted, in each county in England, Scotland, and Northern Ireland, since the operation of the amended Rent Restrictions Act, 1923, up to the end of February, 1924; and whether he will state the total number of evictions in each month and the number of eviction orders that have been issued but not yet enforced?
I am consulting the Departments affected as to the possibility of furnishing the Return referred to in the question.
If the hon. Gentleman does publish these figures, will he also give the numbers of evictions in 1913 and 1914?
Can the hon. Gentleman see his way to including in the Return the number of orders at present applied for?
Yes, I will take note of that.
Building Trade
60 and 62.
asked the Minister of Health (1) how many additional men are estimated to be needed in each section of the building trade to make it possible to build 200,000 houses per annum without interfering seriously with other building work;
(2) what is the estimated average number of bricks to be laid each day by a bricklayer on which he bases his estimate as to the number of bricklayers required to build 200,000 houses per annum, and what he estimates the average number laid by each bricklayer engaged on working-class house-building to have been during the years 1903, 1913, 1919, 1920, 1921, 1922, and 1923, respectively?
The question of the number of men required to build various total numbers of houses a year has been under consideration by the Committee of Representatives of the Building Industry, and my right hon. Friend hopes shortly to be able to make a statement on the subject. Figures are not available on which any reliable estimate could be given in reply to the second question.
Have the trade unions be-en approached to allow ex-service men and sailors to help in this work?
asked the Minister of Health how many men in each of the sections of building-trade labour are estimated to be required to build 200,000 A 3 houses per annum; how many men there were in each section at the end of the years 1903, 1913, and 1923, respectively; how many working-class houses were built in each of those years; and what proportion of the total labour in each section is estimated to have been engaged in building working-class houses in each year?
As the answer involves a tabular statement I will, with the hon. Member's permission, circulate it in the OFFICIAL REPORT.
The tabular statement is as follows:
The point referred to in the first part of the question has been under consideration by the Committee of Representatives of the Building Industry, and I hope shortly to be able to make a statement on the subject.
Information is not available as to the number of men in each section of the building trade in 1903 and 1913, but the following table gives particulars for 1901, 1911, and 1923:—
Occupation. Number of men employed in the building trade in England and Wales. Census 1901. Census 1911. Estimate for 1923. Bricklayers 109,160 92,312 53,630 Carpenters and Joiners. 243,075 176,978 106,880 Plasterers 27,544 21,230 13,910 Slaters 8,461 6,946 2,880 Others 445,904 444,390 454,700 Total 834,144 741,856 632,000
According to the Inland Revenue Returns as to inhabited house duty, the net increase in the number of houses under £20 annual value in 1901 and 1911 was 76,469 and 79,167, respectively. Corresponding figures for 1923 are not available, but estimates based on returns obtained from local authorities show that some 39,000 houses of a rateable value up to £26 (£35 in London) were erected during the year ended 30th September, 1923, by private enterprise without State assistance, and a further 25,289 were built during the same period by local authorities with State aid.
With regard to the last part of the question materials are not available for framing a reliable estimate on the point referred to.
Northumberland
asked the Minister of Health whether he will give the number of houses needed in rural and agricultural areas in the county of Northumberland, or estimated by the D 89 Returns made under the Addison building scheme?
According to the returns in question which were obtained from local authorities in 1919, 1,556 houses were stated to be required during the three subsequent years in the areas of rural district councils in the county of Northumberland to meet unsatisfied demands.
Subsidy
asked the Minister of Health in how many cases the subsidy under the Housing Act, 1923, has been refused, firstly, to requests by local authorities in respect of their own buildings and; secondly, to applications from private builders put forward through those local authorities?
So far as local authorities' schemes for building houses themselves are concerned, it has been found necessary in a number of cases, in view of the amount of work in hand or the lack of essential skilled labour in the locality, to limit immediate approvals to an instalment of the proposals, the principle being to get houses actually built and occupied as quickly as possible. In the case of private enterprise individual applications for subsidy are dealt with by the local authorities and when my right hon. Friend has approved a general scheme he does not receive details of the approvals or disapprovals in particular cases. On the 1st March local authorities had issued certificates of approval under the scheme covering 41,060 houses.
Can the hon. Gentleman not give us more definite figures—seeing his reply is a very general one—as to how many applications have been refused to the local authorities?
I have no information upon that point.
We are continually asking for information on this side of the House and continually being put off with generalities. Can we not have something more definite?
What I have said here is that where the local authorities' scheme has been proposed, it is for the local authorities to approve or disapprove of proposals put before them by private builders. The local authorities do not supply the Minister with details of such refusals or approval.
Cannot the hon. Gentleman give some more detailed information—I do not ask for it now—but perhaps he could circulate it in the OFFICIAL REPORT? The first part of the question deals with the subsidy under the Housing Act of 1923 in relation to local authorities. How many such cases are there; in how many of these cases is the refusal by the Government due to a deficiency of labour; and what were the number of houses involved?
I will put that point to my right hon. Friend.
Private Enterprise (London)
asked the Minister of Health whether he can give the number of houses for the working classes built by private enterprise in the County of London and Greater London during the last three years?
During the years 1921, 1922 and 1923, the numbers of working-class houses erected by private enterprise with State assistance were 1,027 in the County of London, and 6,630 in Greater London (including the County). Statistics are not available showing the numbers erected during this period without State aid, but during the year ended 30th September last the numbers of houses erected by private enterprise of a rateable value not exceeding £35 were, in the County of London 994, and in Greater London 6,794.
Is it not a fact that many more working-class houses could have been erected if skilled labour had been available?
No.
Does that reply include all the houses on lines put forward by building societies?
Is it not the case that most of the skilled labour was employed upon luxury buildings during that period?
All these houses assisted by building societies were with a rateable value not exceeding £35.
Whether they take the subsidy or not—even if they do not take the subsidy.
No, no! That is not in the question. Look at it.
Becontree Estate (Improved Public-House)
asked the Minister of Health why he has refused his consent to the construction of an improved public-house, and the letting of a site for such a purpose on the new London County Council Housing Estate at Becontree; and whether he approves of the action of the London County Council in endeavouring to supply modern refreshment houses on any of their housing estates?
My right hon. Friend has not refused consent to the erection of an improved public-house or the letting of a site for this purpose at Becontree. On the contrary, in support of the policy of supplying modern refreshment houses on the Council's housing estates, he has agreed to the provision of a building which he is advised would give full effect to the policy the Council have in view and which would involve a considerable contribution by the Exchequer for the purpose. My right hon. Friend understands that the Council desire to carry out a more extensive proposal, and it is open to them to do so and accept the liability for any additional cost.
Is it the fact that the Ministry of Health insisted upon an increased rent being paid by the increased sale of alcohol, while the original scheme put forward by the County Council would mean social amenities, the provision of a proper hall, and a model public-house?
I do not think that is the case.
Building Societies
asked the Minister of Health if he is aware that incorporated building societies have within the past five years advanced, approximately, £111,000,000 for the erection of over 290,000 single dwelling-houses; and whether it is intended in the proposed Housing Bill to encourage this form of private enterprise and thrift?
My right hon. Friend is aware that building societies have advanced considerable sums during the last five years in connection with the purchase and erection of houses. Provision is made in the Housing, Etc., Act, 1923, for guarantees to such societies in connection with advances made by them for the acquisition and erection of new houses, and as at present advised my right hon. Friend would not propose modification of that provision.
Then, as a result of that, he will allow evictions to take place for non-payment of rent in those cases?
Government Proposals
asked the Minister of Health whether he proposes to make a statement in connection with the Government housing proposals before the Easter Recess?
My right hon. Friend hopes to be able to do so.
Scotland
asked the Under-Secretary to the Scottish Board of Health if he can state the number of houses authorised by the Scottish Board of Health under the Housing Act, 1923, for erection by local authorities and private enterprise, respectively; the number of houses in progress; and the number of houses completed to date under each head?
According to the latest information available, the Scottish Board of Health have approved, under the Housing, Etc., Act, 1923, the erection by local authorities of 6,820 houses, for 1,943 of which tenders have been accepted; 611 are under construction, and eight have been completed. As regards private enterprise, the number of houses for which certificates "A" have been issued is 1,779; 865 are under construction, and 29 have been completed.
Can the hon. Gentleman say how many of the Addison houses are still under construction in Scotland by local authorities?
I cannot speak with accuracy, but so far as I can remember something like 6,000 are now under construction, but I would ask the Noble Lord not to accept that as official, because I am speaking entirely from memory.
Is it not a fact that the very slow progress under the Act of 1923 is partly due to the fact that local authorities have so many of the old Addison houses still on hand?
Is it not the case that nearly all the houses under the Addison scheme are nearing completion?
Is it not a fact that the majority of the Addison houses are under repair?
Have not some of these houses already been pulled down?
Is it not a fact that some of them have not yet been started?
asked the Undersecretary to the Scottish Board of Health the number of workmen employed on local authority housing schemes in March, 1922, March, 1923, and March, 1924, respectively?
The number of workmen employed on local authorities' housing schemes in Scotland during the month of March, 1922, was 12,701; and during March, 1923, 4,438. The figure for March, 1924, is not yet available, but for February, 1924 the figure was 4,403.
Can the hon. Gentleman say what is the reason why there are 7,000 fewer men employed on these houses to-day than in 1922?
Questions
Milk and Dairy Produce
asked the Minister of Health what interests are represented by the various members of the joint committee appointed to advise on matters concerning the production, handling, and distribution of milk and dairy produce?
The bodies represented on the Committee are the National Farmers' Union, the National Federation of Dairymen's Associations, the Parliamentary Committee of the Co-operative Congress, the National Association of Creamery Proprietors and Wholesale Dairymen, the National Clean Milk Society and the London and Provincial Master Dairymen's Association.
Does the Minister not consider that the interests of the consumer are inadequately represented, taking into account the fact that the use of milk is such an important factor in every household?
Another question appears on the Paper raising that question, and the matter is now being considered by my right hon. Friend the Minister of Health.
asked the Minister of Health whether he has received representations as to the constitution of the milk advisory committee jointly appointed by himself and the Minister of Agriculture and Fisheries; and whether he will consider the desirability of adding to the committee representatives of the workers in the dairying industry and of consumers' interests?
Yes, Sir; my right hon. Friend has received representations and he will consider the hon. Member's suggestion in consultation with the Minister of Agriculture and Fisheries.
International Court of Justice
asked the Prime Minister whether his Majesty's Government has yet decided to adhere to Article 36 of the Protocol of the International Court of Justice; and, if not, whether an announcement will be made at an early date?
The matter is occupying our attention, but I cannot say when an announcement will be possible.
Law of Property Act, 1922
asked the Prime Minister if he is aware that the operation of the Law of Property Act, 1922, was appointed to commence on 1st January, 1925, in order to give time meanwhile for the consolidation of the laws relating to real property; and whether, having regard to the unavoidable delay which has arisen in the proposed consolidation of these laws, he can make any announcement as to the postponement of the date when the Act is to come into force?
I have been asked to reply. I anticipate that when the Consolidation Bills rendered necessary by the passing of the Law of Property Act, 1922, are laid before the House, it will be necessary to propose to the House that the date when the changes in the law should come into operation should be postponed from the 1st January, 1925, to the 1st January, 1926.
Will the right hon. Gentleman take into consideration the necessity of making as early an announcement as possible, in view of the position in which the profession is to-day, and also having regard to the necessity for the preparation of the text-books?
I understand the difficulty in which the profession is, and I do intend to make the earliest possible announcement under the circumstances.
Law Officers
asked the Prime Minister what are the conditions of service governing the duties of the Law Officers of the Crown; and, if the same are in writing, will he circulate these for the information of the House?
The information is contained in a Return printed by order of this House dated 23rd August, 1895. I am sending the hon. Member a copy.
Can the Prime Minister state whether these duties include regular attendance at Committees of this House?
So far as these duties are fixed, they are contained in the Return mentioned in my reply.
Can the right hon. Gentleman say what steps, if any, he is taking to provide for more than one Law Officer of the Crown out of a possible four to be a Member of this House?
Industrial Wages and Conditions
asked the Prime Minister whether, in view of the present disparities in the remuneration of skilled and unskilled workers in many industries, he will institute an inquiry into existing wages, conditions, and tendencies, with a view to obviating difficulties which will be engendered thereby?
I have been asked to reply. Already a good deal of information bearing on this matter has been published in the Ministry of Labour Gazette, e.g., the issue for October, 1923, a copy of which I am sending to the hon. Member. I am considering whether additional information can readily be made available.
Germany (French and Belgian Agreements)
asked the Prime Minister the policy of His Majesty's Government with regard to the agreements concluded between the French and Belgian organisations in the Rhineland and the Ruhr and certain German industrial organisations?
The attitude which His Majesty's Government have adopted towards the French and Belgian pledges policy, of which these agreements are part, was defined in the reply which I gave to the hon. Member for Windsor (Mr. A. Somerville) on 19th March. The Government regard the legitimacy of the agreements in question as a matter which may have to be pronounced upon by the Reparation Commission, which is, according to the Treaty of Versailles, the competent authority in the matter, and, as I indicated in my speech on the 27th March, pending such action by the Commission, the Government have not thought it proper, to come to any conclusion on this point. The Government have not up to now taken any steps to bring the question before the Reparation Commission, because it is hoped that the result of the Reports of the Committees of Experts which are expected shortly may lead to some solution which will render such action on our part unnecessary. But in the meantime the French and Belgian Governments have been informed that His Majesty's Government reserve all rights in the matter. As to the attitude of His Majesty's Government towards the possible effect of the agreements on British industrial interests, I would refer to the answer I gave to the hon. Member for Newcastle North (Sir G. Doyle) on 24th March.
Coal Mines (Minimum Wage)
asked the Prime Minister whether the Government have undertaken that they will bring in a Coal Mines (Minimum Wage) Bill if the present negotiations between miners and owners fail?
I answered this in reply to questions on the 24th March, and I have nothing to add to the statement which I then made.
Is not the Prime Minister aware of the speech made by one of the hon. Members for Glasgow recently, in which he said he had given the Government "orders" to bring in this Bill?
Russia
asked the Prime Minister whether he has received from the Russian Government a counter-claim to the claim presented to it by Great Britain; and, if so, whether he can state the total amount of the counter-claim and give the particulars of which it is comprised?
No claim or counter-claim has been presented by either party since the Conferences at Genoa and The Hague, with the exception of the specific claims advanced in the correspondence of May and June last. The second part of the question does not, therefore, arise.
Wolverhampton Union (Taskwork)
asked the Minister of Health whether he is aware that the Wolverhampton Union still refuses relief be applicants concerned in the dispute on task-work; whether he has received representations that children are suffering thereby; and if he will now cause a full inquiry to be made into the circumstances?
I have received a further Report on this case, and I am informed that the guardians have not refused relief to applicants concerned in the dispute referred to, except in cases where they have been satisfied, after investigation by their officers, that there was no destitution calling for immediate relief. I have received the representation referred to in the second part of the question, but it is not in accordance with my information. I do not think any further inquiries beyond those which I am already making are necessary.
Is the hon. Gentleman aware that the men upon whom this task is imposed receive very low wages, and that they are denied compensation in the case of accident while engaged upon this work, and that their insurance cards are not being stamped?
I should say that those facts are possibly right.
Poplar Board of Guardians (Audit)
asked the Minister of Health whether he has now ascertained if the Poplar Board of Guardians are now complying with the law; and whether he has received the Report from the district auditor who is now examining the Poplar accounts?
As my right hon. Friend has already informed the hon. Member, the audit of the accounts will probably be completed before Easter, and he expects to receive the auditor's report shortly after the completion of these audits.
May I have a reply to the first part of my question as to whether the hon. Gentleman has now ascertained if the Poplar Board of Guardians—
Is the hon. Member in order in reading to the House a supplementary question?
The hon. Member for West Woolwich may repeat his question
I wish to have a reply to the first part of my question as to whether the hon. Gentleman has now ascertained if the Poplar Board of Guardians are now complying with the law?
The circumstances are that the Minister of Health becomes aware if there is any illegal expenditure when it is reported by the auditor.
Is the hon. Gentleman aware that the Minister of Health promised me a week ago that he would inquire into this matter, and ascertain if they were complying with the law?
Is the hon. Gentleman aware that three half-years of these accounts are now under review, and the auditor had finished the audit of those accounts during the tenure of office of the right hon. Gentleman the Member for Ladywood (Mr. N. Chamberlain) and the right hon. Gentleman the Member for Twickenham (Sir W. Joynson-Hicks), and why did they not deal with it?
Building Trade (Wages)
asked the Minister of Health whether he can state the present position of the application of the building trade operatives for an advance of 2d. an hour on basic rates of pay?
I have been asked to reply. I understand that negotiations have been proceeding between the parties for some time in connection with a claim by the operatives for an advance of 2d. per hour, but that they have not yet been brought to a definite conclusion.
Has my right hon. Friend made any inquiries himself into this matter, having regard to its importance?
Obviously I have made inquiries or I should not have been able to give the answer.
Up to now, at the Wembley Exhibition, have they given any advance in wages?
The Government has got nothing at all to do with an advance in wages at the Wembley Exhibition.
House of Commons (Telephone Facilities)
asked the First Commissioner of Works whether, having regard to the fact that Members desiring to telephone from the House have frequently to wait a very long time for an available instrument, he will endeavour to provide additional facilities, so that this growing necessity may be more adequately met?
I am considering, in consultation with the Serjeant-at-Arms and the Post Office authorities, the possibility of providing additional facilities as suggested by the hon. Member.
Transport (Urban and Semi-Urban Areas)
asked the Minister of Transport whether, in view of current problems, he will consider the desirability of instituting an inquiry into the advantages or disadvantages of different forms of surface transport in the urban and semi-urban areas?
Problems of the nature suggested in the hon. Member's question are under constant review in my Department. I see no sufficient reason, however, for instituting a special inquiry into these particular points at the present time.
When does the hon. Gentleman think a conclusion will be reached in regard to these negotiations?
I have nothing to add to the answer which I have already given.
Foot-And-Mouth Disease
asked the Minister of Agriculture how many cases of foot-and-mouth disease have occurred amongst Irish imported cattle within one week after arrival in this country?
Two such cases occurred in Nottinghamshire early in February last, but inquiries showed that infection had been contracted after the arrival of the animals in Nottingham.
Can the right hon. Gentleman say if it is the case that this disease has broken out in certain parts of Derbyshire?
That does not arise out of the question.
Would it not be a good thing to prevent the movement of Irish cattle in this country?
Ministry of Agriculture
asked the Minister of Agriculture what percentage of men of Irish nationality are employed as officials at the Ministry of Agriculture?
The information desired is not in my possession, and in view of the considerable labour and expense which would be entailed, I regret that I do not see my way to obtain it.
Special Pay (J. S. Applin)
asked the Secretary of State for War whether his attention has been called to the claim of J. S. Applin, No. 66426, Royal Engineers, of Hitchin, for arrears of special pay while in the Army amounting to £30 16s.; is he aware that when this man's solicitors asked to be allowed to verify the accounts rendered by the War Office with the pay documents they were informed that the documents had been destroyed, although they were material evidence in an unsettled claim; and whether, under the circumstances, this claim will be admitted?
I am aware of the facts referred to in the first part of the question. The accounts relating to the period in question (namely, 1915) have been destroyed under the authority of the Public Records Act, after being retained for the prescribed period. The documents relating to the Great War were exceedingly voluminous and it was not possible to keep them indefinitely with due regard to economy. Mr. Applin's account was closed in April, 1921, by a final payment of £1 3s. 6d., and I am not aware that he has produced any material evidence to suggest that this settlement was incorrect. I will however make further inquiries on this point, and will communicate again with the hon. and gallant Member.
Will the hon. Gentleman see that the documents which are material to a claim which is pending, and which the War Office knows is pending, are not destroyed?
In so far as I can accept responsibility for that, I will do what I can, but I will point out that this matter refers to the year 1921, and I am sorry we were not in office soon enough to deal with the destructive proclivities of previous Governments.
Aliens (Political Propaganda)
asked the Secretary of State for the Home Department whether he will issue an order forbidding any alien, other than a person officially connected with the League of Nations, from taking any part in political propaganda in this country under the penalty of immediate deportation and confiscation of political documents of any kind?
My right hon. Friend has no power to issue any such order.
Would not this proposal very seriously restrict political activity in certain parts of Scotland?
The hon. and gallant Member is giving his own opinion.
Tea (Clearances from Bond)
asked the Chancellor of the Exchequer whether his attention has been called to the fact that merchants in the tea trade are leaving in bond large quantities of tea in anticipation of a reduction of tax, and that such action is causing unemployment amongst the workers in the trade and, by restricting the supply on the market, are making it possible for further profiteering to take place; if he is aware that in spite of the reduction of tax on tea in the last Budget it subsequently advanced 2d. per lb. to the public; and will he take such steps as will prevent any further reduction in tax leading to profiteering and secure that the public will get the benefit of the reduction?
My right hon. Friend is aware that, as often happens before the introduction of the Budget, clearances from bond of tea and other dutiable goods have fallen off, and that retail prices, which fell in 1922 following the reduction of the Tea Duty in that year, have subsequently increased. The suggestion made in the last part of the question has been noted.
Old Age Pensions
asked the Financial Secretary to the Treasury whether, in view of the fact that old age pensions are payable on Fridays and that post offices will be closed on Good Friday, he will arrange for pensions to be payable on the Thursday in that week?
My right hon. Friend has asked me to answer this question. Arrangements are being made for old-age pensions, due for payment on Good Friday, to be paid on the preceding day.
Air Service Dispute
( by Private Notice ) asked the Under-Secretary of State for Air whether his attention has been drawn to the suspension by Imperial Airways, Limited, of the air service previously maintained by the Handley-Page, Daimler and Instone Companies; whether, in the interests of civil aviation and the safety of the public, he will take immediate action to remove the source of this disaffection and also arrange that the skilled pilots shall have a voice in saying whether in certain conditions flying can be undertaken in safety?
The answer to the first part of the question is in the affirmative. As regards the second part, my Noble Friend has been in personal com- munication with the parties to the dispute, and he and I are ready to do all in our power to facilitate a settlement, but the various questions which have arisen are primarily matters for negotiation between the parties concerned. As regards the last part of the question, I hope that a satisfactory arrangement will be reached upon this and the other questions upon which the parties are at present in disagreement.
On a point of Order. Is this a question which it is proper to put as a Private Notice question? Is there a point of urgency in it?
In my opinion there is, or I should not have allowed it.
Is the hon. Gentleman aware that the management which is now imposed is insisting on airmen having a9 much as 28 hours' flying time in four days, and is not that a danger to the public?
That is one of the matters, I suppose, which are in dispute.
I should like to give notice that I shall raise this matter on the Motion for the Adjournment of the House.
British Empire Exhibition (Strike)
( by Private Notice ) asked the Prime Minister whether he can give the House any further information as to the progress of the strike at the British Empire Exhibition at Wembley, and as to the protection which the Government intends to afford to those proceeding on their lawful occupations against threats and violence?
I have been asked to reply. I understand that the dispute has been receiving the active attention, during this morning, of the trade unions as well as the employers' organisations. The officials of the unions are in touch with the men. I am informed that a considerable number of those who were not at work yesterday have resumed work this morning. As regards the last part of the question, I am in a position to say that the fullest measure of protection against violence will be provided.
Is the Colonial Secretary prepared to amend his statement of last night that no stones or brickbats were used, having regard to the report that much violence was used at the Burma Section of the Exhibition?
I am not only not going to amend it, but I have confirmed the statement I made. Last night I expressly condemned emphatically the intimidation, and said that steps would be taken to see that it was not repeated.
Does the right hon. Gentleman now admit that violence was resorted to, and that stones and brickbats were thrown, as is reported in all the daily papers?
Answer!
You cannot make a man answer if he does not want to do so. May I ask the Minister of Labour—
On a point of Order. May I ask you, Sir, whether, when a Supplementary Question is addressed to a Minister, it is not usual to allow a decent interval for that Minister to rise before a second Supplementary Question is put?
The question was a repetition, and it was a question addressed to the Colonial Secretary, of which I have not had notice. I had passed the original question, which was answered by the Minister of Labour.
I should like to ask the Minister of Labour, in regard to the strike now taking place at Wembley, whether he does not think the unrest in all parts of the country is owing to the unmerciful manner in which the "bosses" dealt with the men last year?
Business of the House
In reference to the adjourned Debate on the Treaty of Peace (Turkey) Bill, can the Deputy-Leader of the House now say definitely on what day the resumed Debate will be taken, and whether before that date he will lay on the Table of the House the communications between the Prime Minister here and the Prime Ministers of the Dominions with regard to ratification of the Treaty to which the Prime Minister referred yesterday.
As for the latter part of the question, I can only refer it to the Prime Minister with a view to a definite reply being given. I have had no notice of either part of the question, and I can only at the moment say that next Wednesday probably is the day when the Debate will be resumed.
I assume that the hon. and gallant Gentleman sent notice to the right hon. Gentleman at the same time that he sent it to me.
I was not aware that notice of a question on business was necessary. Arising out of the right hon. Gentleman's reply, may I ask if he can give a definite answer to-morrow?
I will endeavour to do so.
With regard to the business to-day, does the right hon. Gentleman propose to proceed to a Division on the Second Reading of this important Bill? Is he not prepared, having regard to the very grave effects which may follow, to afford further time to the House for consideration and discussion?
In view of the serious grievance which it is endeavoured by the Bill to cover and the necessity of having Some decision this side of Easter, the intention is to take the decision of the House to-night.
I desire to ask permission to move the Adjournment of the House for the purpose of discussing a definite matter of urgent public importance, namely, the failure of the Government to adopt adequate measures to prevent violence and bloodshed taking place—
I cannot accept that Motion.
Notices of Motion
Foreign Affairs
On this day fortnight, to call attention to the question of Parliamentary control of foreign affairs, and to move a Resolution.—[ Mr. Snell. ]
British Empire Forestry Conference
On this day fortnight, to call attention to the Report and recommendations of the British Empire Forestry Conference, and to move a Resolution.—[ Lieut.-Colonel Courthope. ]
Over-Capitalisation of Industry
On this day fortnight, to call attention to the over-capitalisation of industry, and to move a Resolution.—[ Mr. Hoffman. ]
Bills Presented
Pacific Cable Board Bill,
"to extend the powers of the Pacific Cable Board," presented by Mr. THOMAS; supported by the Chancellor of the Exchequer and Mr. William Graham; to be read a Second time To-morrow, and to be printed. [Bill 95.]
County Courts Bill,
"to amend the Law relating to officers of County Courts in England and of District Registries of the High Court in England, to make further provision with respect to such County Courts and proceedings therein, and for purposes connected therewith," presented by the ATTORNEY-GENERAL; supported by Mr. William Graham; to be read a Second time upon Monday next, and to be printed. [Bill 96.]
Poor Rate Laws Consolidation
I beg to move, the condition of which at present it is no exaggeration to describe as chaotic. In the Income Tax Consolidation Act, 1918, and the Licensing Consolidation Act, 1910, we have had practical experience of the utility of Measures of this kind.
I think hon. Members will recognise the necessity of the step I ask them to take when I inform them that the Bill would re-enact and replace the whole of 17 existing Statutes and parts of 16 others. Some of these Statutes are of great antiquity beginning, as we know, from the foundation of the Poor Rate, the famous 43 Elizabeth Cap. 2. It is quite possible that the draftsmen of that Statute may have attended the first performance of the "Midsummer Night's Dream," and it may interest some hon. Members who are overseers to know that Section (1) of that Act still requires them to repair once a month, on Sunday afternoon, to the parish church under penalty, there to consider if some good course can be taken and some order be set down with the object, inter alia, of finding work for children whose parents are unable to keep and maintain them. When and if a Measure of reform is introduced to alter or amend the law regarding the Poor Rate, it will refer hon. Members to scores of Acts of Parliament, and we may possibly have to consult such Measures as the Tithe Act, 1836, the Burial Act, 1855, the Telegraphs Act, 1868, the Friendly Societies Act, 1896, the Light Railways Act, and the Advertising Stations Act, and scores of other Statutes. All such laborious researches will be rendered unnecessary if this Bill passes, because in fact here you can see the whole of the existing law regarding the Poor Rate logically arranged and clearly displayed. I hope, if it receives approval, it may include what is included in the draft, first of all a table which sets out the Clauses of the Bill and all the Acts and Sections of Acts therein reproduced, and, secondly, a table which shows Acts and Sections of Acts re-embodied and refers you to the Clauses of the Bill, and all through there are marginal notes giving reference to each and every statutory Section which it is proposed to replace. Such a Bill will be of the greatest practical utility to all who are interested in Poor Law reform. I think the gentleman who has prepared this Bill is offering to Parliament through my hands a very valuable document, which I trust the House may welcome, and I am even sanguine enough to hope, since it is quite non-contentious and introduces no alteration whatever in the existing law, His Majesty's Government may possibly facilitate its progress towards the Statute Book.
Question put, and agreed to.
Bill ordered to be brought in by Mr. Banks, Mr. Galbraith, Lieut.-Colonel Fremantle, Sir James Remnant, Lieut.-Colonel Mason, Mr. Somerville, Mr. Clarry, and Mr. Nicholson.
Poor Rate Laws Consolidation Bill
"to consolidate the enactments relating to the Poor Rate in England and Wales," presented accordingly, and read the First time; to be read a Second time upon Monday next, and to be printed. [Bill 97.]
Matrimonial Causes
I beg to move, a woman who has been deserted by her husband for seven years re-marries, and after a further lapse of years that man, tired of his wanderings and tired of his escapades, returns, what is the position of that woman? She is immediately charged with bigamy. [HON. MEMBERS: "Shame!"] It is a shame, and that is why I am urging upon the House to give consideration to this Bill. I imagine that the Judge uses his discretion and that she is invariably discharged. Nevertheless, that second marriage automatically becomes null and void, and any children of that second marriage are illegitimate. It seems incredible that in such enlightened days, in such democratic days as these, such a misconception of justice should exist.
This Bill provides that seven years' desertion is a reasonable ground for granting divorce, and that therefore any subsequent marriage shall become legal and binding, and that any children of the second marriage shall be unstigmatised. Again, take the position of couples who have been separated for a period. [ Laughter. ] This may be a laughing matter to hon. Gentlemen opposite, but I would like to remind them that there are over 500,000 married couples, representing one million people, who are in this position to-day, and, when we are talking about the position of one million people, it is hardly a laughing matter. During the course of my medical practice, I have found that this perpetual separation with the desire, shall I say, for a happy remarrying, or at least the chance of remarrying, has undermined the health of people to such a remarkable degree that they have become neurasthenic. I am a doctor, and I ought to know. Hon. Gentlemen say "No," but I know that they become neurasthenic, and consequently mental and physical wrecks. Is not a neurasthenic a mental and physical wreck? If any hon. Gentleman disbelieves me, I would advise him to take a course of study at any general hospital.
What is the position to-day of these people who after seven years' desertion desire their freedom. The law says, "We cannot grant you your freedom without there is misconduct." Surely after five years' separation it is reasonable and proper to ask for a dissolution of marriage without having to prove misconduct. I am given to understand that any interference with the marriage tie is contrary to the doctrines of the Church, and on that ground will be vigorously opposed. Do the ethics of any religion, whether Christian or Mohammedan, demand that two people should be compelled to debase their manhood or their womanhood in order to annul an alliance which becomes increasingly obnoxious to them?
The hon. Member has exhausted his time. Does he wish to move?
Yes, Sir, I beg to move.
I desire, it may be inadequately, to represent the very deep feelings of many Members of this House on the subject of the Motion which has just been proposed. I do not propose to follow the Mover in his somewhat amusing allusions to this very serious and important subject, but I do wish to draw the attention of the House to what the Bill will actually mean if it ever receives the support of the House. It actually means that divorce will be obtainable by mutual consent after five years' notice. I hope hon. Members will realise what they are doing. They will be giving to married people the right to be divorced by mutual consent, a fundamental change in our existing laws and a change which I can assure the hon. Member will be resisted, not only in this House, but throughout the country, and not merely by members of the Church to which he alluded.
Many of us bold that marriage is not only not a terminable contract, but a permanent, indissoluble bond. Those who hold that opinion, rightly or wrongly, will naturally oppose the hon. Gentleman to the very utmost of their power. They do so, not because they are imbued with the ideas of mediæval ecclesiasticism, and far less because they are blind or dead to the hard cases which occur under the present law, and which must occur under any law, whatever it may be, but because, in the first instance—if I may give very briefly three reasons for our position—it was laid down by the founder of the Christian religion that marriage should be an indissoluble bond of a permanent character. We believe, in the second place, that there is no demand in the country for such a Measure. I say that having taken some pains to discover in my own Division whether there is a demand for the extension of facilities for divorce, even on the lines suggested by Lord Buckmaster in another place, and I have found no demand among the great mass of population for any such extension. If there be a demand, it is a very limited one, and it does not by any means arise from the poorer people of the country. Therefore, I say there is no demand for this Bill, or even for the milder Bill of Lord Buckmaster.
I say that, in my opinion at any rate, if this Measure were to become law, we should be doing a grievous injury to the homes of this country, which are the very foundation of our civilisation. I believe that the Bill would irretrievably injure the homes of this country, and that we should be injuring innocent children who must suffer from any tampering with the marriage laws. Lastly, I believe that we
should be making it far more difficult for men and women who to-day are trying to live together, perhaps sometimes under difficulties, to overcome those difficulties because they believe that they have entered into a permanent bond. I, therefore, oppose the introduction of this Bill.
Question put,
"That leave be given to bring in a Bill to amend the Matrimonial Causes Acts, 1857 to 1923, by providing that a petition for the dissolution of marriage can be brought on the grounds of separation for a period of five years and upwards under an Order granted by the Court, or under the terms of a mutual deed of separation, and also that the fact that any husband or wife has been absent from their home for seven years and upwards and nothing heard of them shall be reasonable grounds for presenting a petition to the Court praying that the marriage may be dissolved."
The House divided: Ayes, 142; Noes, 151.
Division No. 36.] AYES. [4.15 p.m. Adamson, W. M. (Staff., Cannock) Hudson, J. H. Shaw, Rt. Hon. Thomas (Preston) Alexander, A. V. (Sheffield, Hillsbro') Jackson, R. F. (Ipswich) Sherwood, George Henry Attlee, Major Clement R. Jewson, Dorothea Shinwell, Emanuel Ayles, W. H. Johnston, Thomas (Stirling) Simon, E. D.(Manchester, Withington) Baker, W. J. Jones, C. Sydney (Liverpool, W. Derby) Sitch, Charles H. Banton, G. Jones, Morgan (Caerphilly) Smillie, Robert Barnes, A. Jowett, Rt. Hon. F. W. (Bradford, E.) Snell, Harry Batey, Joseph Kennedy, T. Spears, Brig.-Gen. E. L. Bondfield, Margaret Lansbury, George Spence, R. Sowerman, Rt. Hon. Charles W. Laverack, F. J. Spoor, B. G. Broad, F. A. Lawrence, Susan (East Ham, North) Stamford, T. W. Brown, James (Ayr and Bute) Lawson, John James Stewart, J. (St. Rollox) Buckle, J. Leach, W. Tattersall, J. L. Burnie, Major J. (Bootle) Lee, F. Thomas, Rt. Hon. James H. (Derby) Clarke, A. Lessing, E. Thomson, Trevelyan (Middlesbro, W.) Cluse, W. S. Lunn, William Thorne, W. (West Ham, Plaistow) Crittall, V. G. Lyle, Sir Leonard Thurtle, E. Davies, Evan (Ebbw Vale) MacDonald, Rt. Hon. J.R. (Aberavon) Tillett, Benjamin Davies, Rhys John (Westhoughton) M'Entee, V. L. Turner, Ben Davison, J. E. (Smethwick) Mackinder, W. Turner-Samuels, M. Dickie, Captain J. P. Maclean, Neil (Glasgow, Govan) Viant, S. P. Dickson, T. Mansel, Sir Courtenay Wallhead, Richard C. Dudgeon, Major C. R. March, S. Watson, Sir F. (Pudsey and Otley) Duncan, C. Martin, F. (Aberd'n & Kinc'dine, E.) Watson, W. M. (Dunfermline) Edwards, C. (Monmouth, Bedwellty) Martin, W. H. (Dumbarton) Watts-Morgan, Lt.-Col. D. (Rhondda) Emlyn-Jones, J. E. (Dorset, N.) Maxton, James Webb, Rt. Hon. Sidney Gardner, J. P. (Hammersmith, North) Mills, J. E. Wedgwood, Col. Rt. Hon. Josiah C. Gaunt, Rear-Admiral Sir Guy R. Morris, R. H. Weir, L. M. Gosling, Harry Morrison, Herbert (Hackney, South) Welsh, J. C. Graham, D. M. (Lanark, Hamilton) Muir, John W. Westwood, J. Greenall, T. Murray, Robert Whiteley, W. Greenwood, A. (Nelson and Colne) Murrell, Frank Wignall, James Greenwood, William (Stockport) Naylor, T. E. Williams, A. (York, W. R., Sowerby) Grenfell, D. R. (Glamorgan) Nichol, Robert Williams, David (Swansea, E.) Guest, J. (York, Hemsworth) Oliver, P. M. (Manchester, Blackley) Williams, Dr. J. H. (Llanelly) Guest, Dr. L. Haden (Southwark, N.) Paling, W. Williams, Lt.-Col. T.S.B.(Kennington) Hall, F. (York, W. R., Normanton) Parry, Thomas Henry Williams, Maj. A. S. (Kent, Sevenoaks) Hall, G. H. (Merthyr Tydvil) Perry, S. F. Williams, T. (York. Don Valley) Harbord, Arthur Pethick-Lawrence, F. W. Willison, H. Harris, Percy A. Ponsonby, Arthur Wilson, C. H. (Sheffield, Attercliffe) Hartshorn, Rt. Hon. Vernon Potts, John S. Windsor, Walter Haycock, A. W. Pringle, W. M. R. Wood, Major M. M. (Aberdeen, C.) Hayes, John Henry Raynes, W. R. Woodwark, Lieut.-Colonel G. G. Hemmerde, E. G. Rendall, A. Wright, W. Henderson, T. (Glasgow) Richardson, R. (Houghton-le-Spring) Young, Andrew (Glasgow, Partick) Henderson, W. W.(Middlesex, Enfield) Robertson, T. A. Hirst, G. H. Romeril, H. G. TELLERS FOR THE AYES.— Hoffman, P. C. Rose, Frank H. Dr. Spero and Mr. Loverseed.
NOES. Adamson, Rt. Hon. William Falle, Major Sir Bertram Godfrey O'Grady, Captain James Ainsworth, Captain Charles FitzRoy, Capt. Hon. Edward. A. Ormsby-Gore, Hon. William Allen, R. Wilberforce (Leicester, S.) Frece, Sir Walter de Pattinson, S. (Horncastle) Astor, Maj. Hon. John J.(Kent, Dover) Fremantle, Lieut.-Colonel Francis E Percy, Lord Eustace (Hastings) Baird, Major Rt. Hon. Sir John L. Gavan-Duffy, Thomas Perkins, Colonel E. K. Baldwin, Rt. Hon. Stanley Gibbs, Col. Rt. Hon. George Abraham Pilkington, R. R. Balfour, George (Hampstead) Gilmour, Colonel Rt. Hon. Sir John Pownall, Lieut.-Colonel Assheton Banks, Reginald Mitchell Gould, Frederick (Somerset, Frome) Rawlinson, Rt. Hon. John Fredk. Peel Barnston, Major Sir Harry Gray, Frank (Oxford) Remnant, Sir James Becker, Harry Greene, W. P. Crawford Rentoul, G. S. Beckett, Sir Gervase Gretton, Colonel John Richardson, Lt.-Col. Sir P. (Chertsey) Bantinck, Lord Henry Cavendish- Gwynne, Rupert S. Ritson, J. Blundell, F. N. Hacking, Captain Douglas H. Roberts, Samuel (Hereford, Hereford) Bowyer, Capt. G. E. W. Hannon, Patrick Joseph Henry Ropner, Major L. Bridgeman, Rt. Hon. William Clive Harland, A. Roundell, Colonel R. F. Briscoe, Captain Richard George Henn, Sir Sydney H. Royce, William Stapleton Brown, A. E. (Warwick, Rugby) Hennessy, Major J. R. G. Russell-Wells, Sir S. (London Univ.) Buckingham, Sir H. Hill-Wood, Major Sir Samuel Sandeman, A. Stewart Bull, Rt. Hon. Sir William James Hindle, F. Sassoon, Sir Philip Albert Gustave D. Bullock, Captain M. Hoare, Lt.-Col. Rt. Hon. Sir S. J. G. Scrymgeour, E. Burman, J. B. Hogg, Rt. Hon. Sir D. (St. Marylebone) Scurr, John Cautley, Sir Henry S. Hohler, Sir Gerald Fitzroy Seely, Rt. Hn. Maj.-Gen. J. E. B. (I. of W.) Cayzer, Sir C. (Chester, City) Howard, Hn. D.(Cumberland, Northn.) Sinclair, Major Sir A. (Caithness) Cecil, Rt. Hon. Sir Evelyn (Aston) Howard-Bury, Lieut.-Col. C. K. Smith-Carington, Neville W. Cecil, Rt. Hon. Lord H. (Ox. Univ.) Jackson, Lieut.-Colonel Hon. F. S. Somerville, A. A. (Windsor) Chamberlain, Rt. Hon. N. (Ladywood) James, Lieut.-Colonel Hon. Cuthbert Somerville, Daniel (Barrow-in-Furness) Chapman, Sir S. Jephcott, A. R. Spender-Clay, Lieut.-Colonel H. H. Chappie, Dr. William A. Joynson-Hicks, Rt. Hon. Sir William Stuart, Hon. J. (Moray and Nairn) Clarry, Reginald George Kay, Sir R. Newbald Stuart, Lord C. Crichton- Clayton, G. C. Kedward, R. M. Sueter, Rear-Admiral Murray Fraser Cobb, Sir Cyril King, Captain Henry Douglas Sullivan, J. Cockerill, Brigadier-General G. K. Lane-Fox, George R. Sunlight, J. Colfox, Major Wm. Phillips Law, A. Sutcliffe, T. Conway, Sir W. Martin Lloyd-Greame, Rt. Hon. Sir Philip Thomson, Sir W. Mitchell-(Croydon, S.) Cope, Major William Locker-Lampson, G. (Wood Green) Tinker, John Joseph Courthope, Lieut.-Col. George L. Lorimer, H. D. Turton, Edmund Russborough Cowan, Sir Wm. Henry (Islingtn. N.) Lowe, Sir Francis William Waddington, R. Craik, Rt. Hon. Sir Henry Macpherson, Rt. Hon. James I. Ward, Lt.-Col. A.L.(Kingston-on-Hull) Croft, Lieut.-Colonel Sir Henry Page Maden, H. Warrender, Sir Victor Curzon, Captain Viscount Makins, Brigadier-General E. Weston, John Wakefield Dalkeith, Earl of Marley, James Wheatley, Rt. Hon. J. Davies, Maj. Geo. F. (Somerset, Yeovil) Marriott, Sir J. A. R. Wheler, Lieut.-Col. Granville C. H. Davies, Sir Thomas (Cirencester) Millar, J. D. Wilson, Sir C. H. (Leeds, Central) Dodds, S. R. Milne, J. S. Wardlaw Wise, Sir Fredric Dunnico, H. Mitchell R. M. (Perth & Kinross, Perth) Wood, Sir H. K. (Woolwich, West) Eden, Captain Anthony Mitchell, W. F. (Saffron Walden) Wragg, Herbert Edmondson, Major A. J. Mitchell, Sir W. Lane (Streatham) Yate, Colonel Sir Charles Edward Egan, W. H. Morrison-Bell, Major A. C. (Honiton) Yerburgh, Major Robert D. T. England, Colonel A. Newman, Sir R. H. S. D. L. (Exeter) Erskine, James Malcolm Monteith Newton, Sir D. G. C. (Cambridge) TELLERS FOR THE NOES.— Eyres-Monsell, Com. Rt. Hon. B. M. Nicholson, William G. (Petersfield) Major Birchall and Mr. Masterman Falconer, J. Nield, Rt. Hon. Sir Herbert
Selection (Standing Committees)
Standing Committee B
Mr. WILLIAM NICHOLSON reported from the Committee of Selection: That they had discharged the following Members from Standing Committee B: Sir Arthur Churchman and Sir Philip Richardson; and had apppointed in substitution: Major Colfox and Sir Herbert Nield.
Mr. WILLIAM NICHOLSON further reported from the Committee: That they had added the following Member to Standing Committee B: Mr. Penny.
Standing Committee C
Mr. WILLIAM NICHOLSON further reported from the Committee: That they had nominated the following Members to serve on Standing Committee C: Captain Ainsworth, Mr. Alstead, Major Astor, Mr. Barclay, Sir Gervase Beckett, Mr. Blundell, Sir Thomas Bramsdon, Sir Charles Cayzer, Mr. Clarry, Lieut.-Colonel Courthope, Lord Colum Crichton-Stuart, Lieut.-Colonel Sir Henry Page Croft, Mr. Darbishire, Major George Davies, Major Edmondson, Mr. Charles Edwards, Mr. George Edwards, Mr. David Grenfell, Sir Robert Hamilton, Mr. Harbison, Mr. Harbord, Marquess of Hartington, Dr. Hastings, Captain Sidney Herbert, Mr. Leif Jones, Mr. Kirkwood, Mr. Lee, Sir John Leigh, Brigadier-General Makins, Sir Courtenay Mansel, Mr. Montague, Sir Clive Morrison-Bell, Mr. Morse, Mr. Murrell, Mr. George Oliver, Mr. John O'Neill, Mr. Perring, Mrs. Philipson, Mr. Purcell, Mr. Raffan, Mr. Rawson, Major Ropner, Mr. Shepper- son, Mr. Sherwood, Mr. Stephen, Mr. Tillett, Mr. Viant, Mr. Welsh, Lieut.-Colonel Thomas Williams, and Lieut.-Colonel Woodwark.
Mr. WILLIAM NICHOLSON further reported from the Committee; That they had added the following Fifteen Members to Standing Committee C (in respect of the National Health Insurance (Cost of Medical Benefit) Bill): Sir Henry Cautley, Dr. Chapple, Mr. Falconer, Lieut.-Colonel Fremantle, Mr. Arthur Greenwood, Mr. Edmund Harvey, Sir Gerald Hohler, Captain Howard, Sir William Joynson-Hicks, Mr. Masterman, Mr. Perry, Mr. Raynes, Mr. Wheatley, Dr. John Williams, and Sir Kingsley Wood.
Reports to lie upon the Table.
Message from the Lords
That they have passed a Bill, intituled, "An Act to amend the Provisional Order (Marriages) Act, 1905." [Marriages Validity (Provisional Orders) Bill [ Lords ].
Sunderland Corporation Bill
Reported, with Amendments; Report to lie upon the Table, and to be printed.
Orders of the Day
Rent and Mortgage Interest Restrictions Bill
Order for Second Reading read.
I beg to move, "That the Bill be now read a Second time."
On my way to the House of Commons, I read on the contents bils of the newspapers that this is a very drastic proposal, that it is an amazing Bill and that it is a revolutionary Measure. I could not help wondering what language will be used by the Press of this country when a Labour Government really introduces the essential drastic changes in the legislation of the country. The object of this Bill is to reduce the number of evictions. Clause 1, authorises the court where it appears that the arrears are due to unemployment to refuse an application by an owner for an order for possession, unless the court is satisfied that a greater hardship would follow the refusal than by granting the application. Clause 2, in effect, is that where a landlord requires a house for himself, his son, or daughter, he must provide alternative accommodation, except that in a case where it is wanted for himself he can show that greater hardship would accrue from refusing his application than by granting it.
Clause 3 proposes to stop evictions at once where orders have been granted. A large number of orders have been made under the Act of 1923 which had not at the date of the introduction of this Bill been executed. It is felt that if the operation of the Measure were not to date from the introduction of the Bill, and if the date inserted were the passing of the Act, it would encourage owners who have orders for possession to proceed immediately to execute those orders before the Bill became an Act of Parliament. Therefore, it is deemed advisable, in order to protect the tenants from that possible and probable rush of evictions, to make it perfectly clear to such owners that if the order which they obtained would not have been obtained had this Bill been law, they are not entitled to execute that order, or, if they do so, they will do so at their own risk. Sub-section (2) of Clause 3 gives power to undo, as far as possible, any mischief done by evictions after the 31st March, in defiance of the warning contained in the Bill. There is nothing in this warning to prevent the man who has the power to eject a tenant from proceeding to execute this power to-morrow morning, but if he does so, this Bill places in the hands of the court the means of dealing with him afterwards for the action he has taken. Sub-section (3) of this Clause provides that a house of which the owner obtained possession by an order which was afterwards rescinded shall continue under control.
In support of the Bill, I want to point out that it deals with two classes of potential evictions, one arising from arrears of rent due to the prolonged unemployment of the tenant, and the second from the operation of the unfortunate Act of 1923. The first of these two causes is to be found mainly, but not exclusively, in Scotland, and the second is to be found chiefly, though not entirely, in England. But although the causes are different, the amount of hardship caused by the eviction is probably equal in both cases. So it is considered preferable, as the evictions arise under the Rent Restriction Acts and as all these Acts have applied to both countries, to combine these two questions in one Bill and to make that Bill an Amendment of the Acts of 1920 and 1923
I have stated that the threatened evictions on the ground of arrears of rent, due to unemployment, are to be found mainly in the Valley of the Clyde. In the West of Scotland we have had an extraordinary and unprecedented volume of unemployment. I find that even to-day there are 67,400 people registered as unemployed in the City of Glasgow alone. That has been going on since the beginning of 1921. It has fluctuated between this figure, which is probably the lowest figure, and anything between 80,000 and 90,000 persons. If you remember that probably the great majority of these unemployed men are householders, and that it is the same class of people who have been in a state of unemployment over that extended period, you may get some, though not an adequate, idea of the extent of the destitution which to-day prevails in that part of the country. Every month that has passed has seen these people become poorer and poorer, because, even when they find temporary employment, the unfortunate wholesale cut in wages that was the industrial policy of this country during the past two or three years has made it impossible for them to regain any of the ground which they lost during the period of unemployment. Those of us who have been in close touch with this problem, who spend our lives in the midst of the poor, trying to be, during these terrible, trying years, their guide, philosopher and friend, understand, in a manner in which it is impossible for people who view it from a distance to understand, what this destitution means to these people. Unfortunately, I can see no immediate prospect of these conditions substantially improving.
I wish to correct an impression which is sometimes left on the minds of people by an ill-informed Press, that the Scottish people are not good rent payers. The Scottish people are the best rent payers in the world during normal periods. Those of us who understand what these people have done, know that among that vast congested population in the city of Glasgow the women have starved themselves, have starved their children, have sold their furniture and pawned their belongings in order to pay the landlord his rent. I realise the great sacrifice that has been made by the citizens. The Corporation of Glasgow itself has acted quite munificently in its efforts to relieve destitution. I wired yesterday to the Town Clerk to send to me the official figures of what they had done. During those times, he tells me to-day by telegram, they have housed 60,000 separate people, and they have granted relief to those people to the extent of £140,000. But I need hardly remind the House that charity has a habit of drying up, as the days go by and as we get accustomed and hardened to even the most deplorable conditions, and that the output of ejectments continues.
I find that in Glasgow in 1923 over 1,600 warrants for ejectment were granted, and over 800 of these were executed, and I find that the number of evictions is on the increase. The latest figures which I have show that from the 27th January to the 6th March this year 678 orders for ejectment were granted in the Sheriff Court of Glasgow. It is true that the number evicted is always considerably less than the number against whom orders have been made. But one of the most terrible experiences in the whole of the tragic situation is that you have thousands, I may say tens of thousands, of women, ill-fed, ill-nourished, having a hopeless outlook, having the greatest struggle in life that human beings are ever called on to face, living under the dread of eviction, going on from day to day wondering whether their children and they are to be put out on the streets in the morning. You have, to my personal knowledge, the officer who is called the sheriff officer in Scotland coming to the door night after night, and intimating to these women that if they and their children are not out of the house by 12 o'clock on the following day then it will be his duty, however painful it is, to see that the law is put into operation, and that the children and the little bits of furniture are put out on the streets of the city.
We know that in hundreds of cases it is a precious thing to have an official intimation that the eviction is about to take place, because the poor people, proud even in their destitution, and afraid of humiliation, steal away in the night to where they can find some little shelter among people as poor as themselves. So that we have continually growing up, in an ever-increasing degree, the terrible overcrowding and all the consequences of overcrowding which go to make up the social problems which to-day are baffling this House and which have baffled every Government during recent years. I should say that to those people, living in the conditions in which they live, the constant terror of ejectment is a treatment even more severe in its intensity than any inflicted on the greatest criminals of our country. The Scottish Office, like nearly every other agency in Scotland, did everything they could think of before agreeing to, or pressing us to introduce the Measure now before the House. They approached the parish councils, which are the Scottish equivalent for the boards of guardians, and appealed to those parish councils to pay the rents of the unemployed, or to make a special allowance for the rents of the unemployed, in the manner in which it is made by the more humane boards of guardians in England, and they have had conferences with the representatives of those parish councils, and those representatives have point blank refused to adopt that course.
And now I want this House to realise, if they can, the social implication of allowing this condition of affairs to continue. We in this House represent a great many political views and have many differences that are deep and wide, but we all agree that if there is one institution in this country which you want to preserve, protect and develop, it is the institution of family life. When I first joined the Socialist movement I remem- how we used to be accused of being in favour of the destruction of that sacred institution. Here is an order of things which is not threatening but is actually day by day destroying that sacred institution. When these people steal away from their homes, when they are put on to the streets, it happens in scores and scores of cases that, owing to the overcrowded condition in which their very few friends—because as someone said, and said wisely, long ago, "The poor make no new friends"—live, it is frequently necessary for the parents to be separated from the children, or for the boys to be sent here and the girls to be sent there, and there grows up, not in isolated cases but in many thousands of cases, a position in which families are broken up, and you have children growing up without the guiding hands of their mother and father. We were discussing this afternoon the implications of a Measure which it was proposed to introduce, and we rejected it—and personally I agree with the rejection—because of its effect in breaking up family life. Here is the same thing being put into operation on a big scale, and I come here merely as the spokesman of these people and ask you to come to their protection.
There is another side of the question. You will require these industrial workers if trade should revive. Any Member of this House who takes a broad view of our present situation, any man who thinks of the nation and of the future beyond his own personal interests and the immediate affairs of to-day, recognises that, if you are going to allow your workers to get broken during the distress of a period like this, it will be hopeless to expect that, in any trade revival, these workers will enable you to compete with the active industrial communities which the world contains to-day. It is right in your own interests, and in the interests of the taxpayer, that you should encourage these men to get off the dole and get back to work and become good citizens and good family men at the very earliest opportunity. How can you reasonably expect that a man, whose every hour and day are spent wondering whether he will be able to keep the most meagre amount of shelter over the heads of those he loves, can devote any time to the great problem of getting out of the abyss of poverty into which circumstances have submerged him?
Therefore, I do feel it is certainly sound, national policy to try to help these people. I agree with those who say that this should not be a burden to be thrown entirely on the property-owning, section of the community. I agree that it is a burden that ought to be borne by the whole community, and I am sure I may go the length of saying, on behalf of the Government, that, having made a home secure for these people, we will gladly co-operate, we will gladly take the initiative, in making provision to protect the property-owners from bearing a burden which we all are entitled to share. May I remind this House that there can be no comparison at all between the embarrassment of property-owners and the suffering of the women and children who are in danger of losing their homes? This Bill lays it down that if the property-owner—let us assume the case of a small property-owner—would suffer more through being refused possession than the tenant would if it were granted, then the Court has power to grant an order for eviction.
May I say a word in regard to the conditions created by the Act of 1923, which is an equally important question, as I said, where evictions impose an equal hardship, and with which hon. Members in this House have been made familiar by letters from their constituents during the last few months? In the Ministry of Health, during recent months, and particularly during recent weeks, we have had hundreds of letters from individuals, appealing to us for protection against the operation of this Act. We have had letters from local authorities, including boards of guardians. We have had several deputations that have been heard by my Department, and they represent to us what is happening in their areas through the working of this Measure. Pontypridd Guardians, for instance, told us that, as a result of the operations recently of this Act in their area, 17 families, with 86 children, had to be taken into the workhouse. Bristol Town Council told us that 306 orders, under this Act, had been given in their city last year, and they quoted many pathetic instances of the sufferings that had followed the granting of these orders. A deputation from Dartford made similar representations, and not a day passes but either an individual or a local authority is appealing to the Government for protection.
I know that there are Members in this House still who put the rights of property above the rights of human beings. I hope they are not in a majority, because if they are not, but are prepared to give first consideration to the human beings of this country, then they will not attempt to escape their legislative responsibility of finding a method of paying these rents by allowing the present system to continue to be the law of the land. I said, at the outset, that the Measure I am proposing was considered to be a revolutionary proposal. If that be so, then we must be rapidly going back in our political views in this country. This is not the first occasion on which the question of evictions has been discussed in this House. I have been looking up Irish legislation of 37 years ago, and I want to remind this House that the chief difference in the circumstances is that the Irish had become law-breakers, that they had become outrageous in their conduct, and that you conceded to outrage what you seldom concede to reason.
Our people, to their credit, have borne these things patiently, and are relying on your coming to their assistance, but I think it is my duty to say to the House that there is a limit to human endurance, that even animals will fight for the protection of their young, and I would have no faith in the future of this country, if it contained in a large degree a population who were prepared to sit silently and see their families destroyed. I do not think it would be good for the country. I think it good for the nation, and we ought to be proud of the fact, that our people are prepared to protect those for whose welfare in the world they are responsible. I do not think we should deplore it. I think we should be proud of it. I think we should encourage it; but I think it is our duty, as Members of this House, to see that we act in time, that we do not adopt the same policy here as that of which we are reaping the ruinous harvest in industrial affairs to-day, that is, to declare that nothing can be done until the people strike, and then concede to the people everything they originally claimed. I find, in one of the discussions 37 years ago, that Lord Balfour, who was then Mr. A. J. Balfour, not a Socialist revolutionary, speaking in this House, probably standing at this Box, on the 11th July, 1887, on an Act to Amend the Land Law (Ireland) Act for dealing with the question of the recovery of holdings, said: and mutual aid, which we are always talking about as the proper basis for a foreign policy, will be applied now to the people of our own country.
I beg to move to leave out from the word "That" to the end of the Question, and to add instead thereof the words
"this House, while prepared to give further protection to tenants and to extend the discretion of the Courts for this purpose in proper cases, declines to give a Second Reading to a Bill which inflicts a great injustice by seeking to throw the burden of the relief of unemployment upon a particular section of the community and, by giving retrospective effect to new legislation, must seriously prejudice the building of houses for the working classes."
Recollecting, as I do, the tone of a speech delivered by the right hon. Gentleman a few weeks ago, upon the Second Reading of that Rent Restrictions Bill which is now upstairs in Committee, and comparing the tone of that speech with the dove-like cooings to which we have been treated this afternoon, I am very forcibly impressed by the sense which the right hon. Gentleman must have of the weakness of his case this afternoon that has brought about so remarkable a change. I lock upon the right hon. Gentleman as fulfilling a double function. If he is a hostage in the hands of the Prime Minister for the good behaviour of some of those who sit on the back benches—[ Interruption ]—he is also a pledge to some of his friends that the class war shall not be allowed to go to sleep.
You will look after that.
I must ask the hon. Member not to interrupt.
So we have been treated to the spectacle of a series of rebellions, which have always been suppressed, but the price for which has always to be paid in concessions to extremists on the opposite side, which appear to be getting more serious and more considerable as time goes on. I remember not long ago that an hon. Member—I think it was the hon. Member for Dumbarton Burghs (Mr. Kirkwood)—asked his leaders in menacing tones what they were going to do about evictions now, and the House smiled at the time, not thinking, perhaps, that very serious attention would be paid to what he said.
5.0 P.M.
Well, perhaps they realise now what a power he exercises, with the assistance of a friend inside the Cabinet, when they read the Bill which has been produced to us this afternoon. The right hon. Gentleman told us last week that the Labour party's housing programme was not a Socialist programme. I wonder what he calls this? I certainly would not call it Socialism, for Socialism at any rate, in its proposals for the redistribution of wealth, seeks to make all equal. It does not single out a number of men who happen to be engaged in one particular occupation for punishment. While there may be some sort of Robin Hood kind of romance about the idea of despoiling the rich and distributing the proceeds among the poor, this Measure does not even do that, for many landlords are no better off than their tenants. This is not Socialism. This is, as the right hon. Gentleman has said, the revolution itself, during which self-constituted autocrats will wreak personal vengeance upon their enemies amid the exulting cheers and laughter of their friends until the day comes when they too suffer the fate of their victims and are devoured by the monsters they created. The right hon. Gentleman is a very adroit Parliamentarian. He has sought to divert our attention from the remedy he proposes by devoting almost the whole of his speech to the evil which he seeks to put an end to. On this side, in fact in every part of the House, there is an appreciation of the sufferings of the unemployed. There is no want of sympathy with them. Our charge against the right hon. Gentleman is, not that he is trying to help the unemployed, but that he has in this Bill introduced an entirely new principle, the principle that an individual who stands in need of one of the essentials of life shall have that need satisfied, not by the community, but by some particular individual who happens to possess the article of which he is in want. I think the House realises that this is not only a new but a far-reaching principle.
If you pass the Second Reading of this Bill and give the approval of the House to this principle, it is not one that can be confined to landlords. There are other essentials of life besides shelter. You cannot do without food or clothing. If you carry this principle to its logical conclusion, what are you going to say to the unemployed man who goes to the baker or the butcher or the grocer or the clothier—[HON. MEMBERS: "Or the Co-operative Store"]—yes, or the Co-operative Store, and says, "My need is greater than thine; you possess an article that I require; I demand that it shall be handed to me and that I shall not pay for it, for I am not able to do so because I am unemployed, and, unless you can show that you are suffering greater hardship by parting with the article which you have in your shop than I am by going without it, then I am justified in the action I am taking"? I talk about shopkeepers, but how are you to confine this to shopkeepers? Why not individuals? I see the right hon. Gentleman sitting there, clothed in the warm and comfortable garments of the bourgeois.
Yes, and he has got knee-breeches, too.
When an unemployed man comes to him without a coat, which is to be the greater hardship: for the right hon. Gentleman, who is drawing his £5,000 a year, to buy another coat, or for the unemployed man to go without? Yet he is proposing to keep his coat, but because it is a landlord in question who, in his view, is a pariah and an outcast; a landlord who, perhaps, has put the small savings of a lifetime into a house—there are thousands and thousands of such throughout the country—he is to be robbed of the fruits of his self-denial and is to bear in his person the burden which ought to lie upon the whole community. This Bill appears to me to be ill-thoughtout, not only in principle, but in detail. It bears every evidence of having been hastily put together in the anxiety to surrender quickly to an ultimatum from the Clyde. Let me draw attention to one or two considerations which, perhaps, the right hon. Gentleman has not yet had time to consider. Why is there only one ground stated here? Why has no consideration to be taken of the cases where the tenant, though unemployed himself, has relatives living with him who may be employed and in receipt of wages? What about the man who has lodgers and sub-tenants? I daresay the right hon. Gentleman will say that this is to be taken into account in considering the greater or lesser hardship.
No, in considering whether the arrears of rent are due to unemployment. They would not be due in such a case.
The right hon. Gentleman is not to be the judge, but the County Court. We have to take the Bill as it is. Sometimes the decisions in the Courts are quite contrary to what are expected by the author of a Bill. Let me put another case to the right hon. Gentleman. The landlord who is to be deprived of his income is very likely himself a tenant. Is he to be allowed to withhold his rent from his landlord because he is not in receipt of the rent from his tenant? If not, are you to allow him to be proceeded against by his landlord because you have deprived him of the means of discharging his obligations? I wonder whether the right hon. Gentleman has reflected how much further this matter may go. This landlord of the landlord himself has very likely mortgaged his-house and he has the interest to pay on his mortgage. Is there no protection to be given in this Bill to him against the mortgagee? Because, if not, the mortgagee will be proceeding against him, for that mortgagee again may have further obligations. Thus we have an ever-widening circle of disturbance and uncertainty and injustice. I am surprised that the right hon. Gentleman, as a responsible Minister, should put his name to so crude and jejune a proposal as this. Has the right hon. Gentleman contemplated that the local authority and the Inland Revenue officials are to go on levying rates and taxes upon this landlord whom you have deprived of the means of paying those rates and taxes? What justice or equity is there in such a system as that?
May I put this further question to the right hon. Gentleman? We have heard a great deal about the iniquity of landlords in keeping houses void in order that they might sell them rather than let them. What does he think is to be the effect upon landlords of such a proposal as this? No landlord would ever let his house again if he could help it. He knows a tenant may come in, and, if he chances to be unemployed, the landlord is to be deprived of all rent. Every house will be void after this. I quite agree with the right hon. Gentleman that this is designed particularly to meet the case of Scotland. [HON. MEMBERS: "No!"] I am taking the right hon. Gentleman's own words. In justice to Scottish Members, to whom I wish to be fair, I recognise that there is a difference in practice between the English boards of guardians and the Scottish parish councils. Among the English boards of guardians this question of rent is taken into account in considering what should be the amount of relief offered, but in Scotland that has not been the case. The right hon. Gentleman told us, and I was interested to hear him, that he had made apparently some effort, or rather that the Scottish Office had made some effort, to get an assimilation between the practice in Scotland and the practice in England, but he met with a blank refusal, and, having had that refusal, instead of taking what would appear to be the natural course of compelling the Scottish parish councils to follow the example of the English boards of guardians, he turns round and seizes the opportunity once more to mulct the unhappy landlords.
That raises another question of far-reaching importance. Supposing this Clause were carried into law, what is likely to be its effect upon the practice of English boards of guardians? They can give only in respect of destitution, and destitution in respect of rent will no longer exist if a tenant may continue to occupy his house without paying any rent. It seems to me quite on the cards that the immediate result of a proposition of this kind would be that the guardians would feel that they were no longer legally entitled to give the allowance in respect of rent which hitherto they had given. That is a point which I should have thought, if the right hon. Gentleman had consulted his staff, he would have seen required careful consideration, and he would not have launched out upon such a one-sided and unjust proposition as this without having thought out beforehand what were the likely consequences of his action.
There was one phrase used by the right hon. Gentleman which had a certain vagueness about it, and appeared to be intended to conciliate hon. Members of the Liberal party. He said, "I think that the Government would gladly make provision to enable property owners to bear the burden that we are going to put upon them." We should like him to be a little more precise about that. What has the right hon. Gentleman in his mind? Is he going to reimburse the landlords for the rent which they are to lose? Let me tell him that that is the only thing which would be any consolation to the landlords and that these vague suggestions that, somehow or other, the Government are going to ease the burden, will not ease the burden of responsibility which lies upon Members of this House when they are asked to pass the Second Reading of this Bill. The right hon. Gentleman sought to suggest that he was doing nothing more than was done 37 years ago in the case of Irish tenants. Does he really pretend that he is not doing anything more than that? Let me remind him of a Section in "the unfortunate Act of 1923," as he calls it. I refer to Section 4, Sub-section (2), which says:
I do not think that I need take much time over the other Clauses of this Bill. Clause 2 amends Section 5 of the principal Act, and I should not myself raise any particular objection to it. The provision in the Act of last year which gave special privileges to the landlord who bought his house before June, 1922, was put in to deal with a particular set of cases—the people who believed that rent control was coming to an end in 1923, and had bought houses with the express intention of entering into the possession of them as soon as control came to an end. I think that by this time the majority of those people have already been to Court, and have either lost their cases or have got possession of their houses. I would agree, subject to any further information I get, that in all probability there was no reason now to maintain the distinction that was made at that time. I must make one comment upon that part of Clause (3) which provides that where execution has taken place after 31st March, not only is the order to be rescinded, but the man who has gone into the house is to be turned out and the old tenant is to be reinstated. I think that that is a monstrous proposition. The new tenant is not to be provided with alternative accommodation; he is to be turned out into the street, or sent to the workhouse, or is to suffer just one of those things which the right hon. Gentleman has denounced to us with so much eloquence this afternoon. The right hon. Gentleman is in such a hurry to punish the landlords that he has forgotten that he may punish the tenant. That is the sort of mistake you make when you are animated by prejudice and hostility instead of by a real statesmanlike desire to do something beneficial.
A definition of statesmanship by an expert!
The Bill contains one Clause which we might have been quite ready to pass. The principle which is embodied in the first Clause is one which no one in this House who has any respect for the rights of individuals can possibly support. If the right hon. Gentleman really desires that the unemployed are to have houses provided for them free, let him bring in a Measure which says so in so many words. That would be the end of private enterprise, so far as the housing of the people is concerned, and thereby would be popular among hon. Members opposite. It would put upon the State or upon the local authorities a burden which would be absolutely colossal in amount. At any rate we would know where we were, and we would have the issue laid before us plump and plain, and we would be prepared to deal with it upon its merits which, after all, little as they may be, would be greater than those which attach to such a Measure as this.
I have listened, as did the whole House, with interest—and, if he will allow me to say so, with admiration—to the speech of the right hon. Gentleman who introduced this Bill. He had a very severe task before him. I will not say that he completely accomplished it, but he showed, as he has shown more than once since he has been a Minister of the Crown, an almost uncanny adroitness in evading difficulties—he is not a Scotsman for nothing—and in gliding over very thin ice. But as I listened with admiration to the manner in which the right hon. Gentleman handled this topic, I could not help asking myself the question, "Why has this Bill been introduced?" There is one Clause in it, the second Clause, which, I gather from what the last speaker said, would have secured universal acceptance. There is, undoubtedly, in that an attempt to deal with what has proved to be a very grave practical difficulty in the working of this legislation. May I remind the House of the history of that difficulty? It was proposed by way of amendment to the Bill of last year. I rather think that when it came back to this House from the House of Lords some time in July, it was proposed by my hon. Friend the Member for Bodmin (Mr. Foot), and was supported by the Liberal party, but was rejected by a very large majority. I have not analysed the Division lists. Not very many voted for it, for the total vote was only 73. I can at least say that my hon. Friend's Amendment did not receive enthusiastic, to say nothing of unanimous support from the Labour Benches.
That does not conclude the history of the matter, because a few weeks ago my hon. Friend the Member for Withington (Mr. E. D. Simon) introduced this Clause in the shape of a Private Member's Bill, and the Government had only to take up that Bill or to give facilities for it, and without any division of opinion—we know now from the last speaker that his party agrees that a case has been made out for it, and he would not have opposed it—it could have been passed with universal, or practically universal, consent without delay. Why was that course not adopted? The answer is very simple; it stares one in the face. It was because the right hon. Gentleman the Minister of Health preferred to put, in the first place, in the forefront of his Bill, the first Clause as it now appears. That is the Bill really the rest can be got for the asking. Anybody who feels it his duty to oppose the Second Reading of this Bill cannot fairly be charged in any way with preventing, obstructing or delaying the passing of the one Amendment of the law which is universally admitted to be necessary. I do not know, and I do not presume to inquire, under what inspiration or for what ulterior motives, the right hon. Gentleman thought it necessary to put in the forefront of his Bill this Clause, which has been as completely demolished in argument by the last speaker as any clause of any Parliamentary draughtsman could possibly be. I am going, without undue repetition, to say a few words about it. I need hardly say we all listened to that part of the right hon. Gentleman's speech in which he described the hard cases, the breaking up of family life, the intolerable hardships and sufferings which accompany anything like a ruthless exercise of the power of eviction in cases of persons who are genuinely unemployed and unable to pay, with the complete sympathy of all sections of the House.
Only sympathy. We have had too much of your sympathy.
We must start with sympathy, and then let us see what is the practical way of giving effect to it.
That is in this Bill.
That is what I am coming to. I am quite sure the right hon. Gentleman is fair and would not claim for his party any monopoly of compassion for these people or of desire to pass a really workable measure to alleviate the hardships of their situation. We can all claim a share in those feelings, but the question is as to how such a Measure is going to work. Allusion has already been made by the right hon. Gentleman to the difference which exists between the practice which prevails in Scotland and that which prevails in England in regard to the administration of relief for the purposes of payment of rent. We had a very interesting description the other day from my hon. Friend the Member for North Lambeth (Mr. Briant), one of the most experienced administrators of local affairs in this country, of the practice which pre vails under his local authority and as we know under many other local authorities in England. To put it shortly, provision for destitution resulting from un employment falls into three categories, food, clothing and shelter, of which shelter is by no means the least important. English authorities—if not universally, I think generally—have regarded shelter as one of their obligations. When that is done, as it is done over large parts of the country, no case whatever arises for depriving the landlord of his rent. It may be said that it is not done in Scotland. The right hon. Gentleman spoke to us in very moving language of the hardships which prevail on the Clyde. I represent a constituency in that area only six miles from Glasgow, and I know very well the hardships which these people suffer, and I cannot help thinking, if the practice to which I have referred does not obtain in Scotland, the natural and obvious course for the Government to take so far as that area is concerned —and it is on the case of that area mainly, if not exclusively, that the right hon. Gentleman rested his arguments for the first Clause of this Bill, for he did not produce any English case at all—
May I point out that the Mond Order did not include rent, and that that is part of our quarrel with the Mond Order?
Do not let us get back to the Mond Order.
That is part of the English practice.
My hon. Friend knows very well that I have never claimed for the Mond Order that it had anything like pontifical authority. That, after all, is a digression. I should have thought the natural course for the Minister to take in the circumstances which I have described would be either through the Scottish Office or in some other way, to take steps to make the Scottish practice similar to the English, practice. A Scottish area being practically the only place where the need for this type of legislation has arisen, that was the proper course to take and that would have thrown, as it is thrown in England, the burden for all forms of relief alike, food, clothing and shelter, upon the community itself. What is the course which the right hon. Gentleman has taken? I listened with the greatest interest and curiosity to that part of his speech in which he dealt with this Clause. The very purpose and meaning of this Clause is to throw the whole of that burden so far as shelter is concerned upon one particular class—the landlords. I acquit the right hon. Gentleman of looking upon the term "landlord" as a vituperative and contemptuous epithet. These landlords, as has been pointed out by the right hon. Gentleman the Member for the Ladywood Division of Birmingham (Mr. N. Chamberlain), who> are interested in this particular kind of property, to a very large extent come from the same social stratum and have struggled with the same hardships as the tenants whom this Clause seeks to protect. [HON. MEMBERS: "No!"] I am speaking of what I know, and that is so to a very large extent. [HON. MEMBERS: "Not in Scotland!"] Yes, in Scotland too, in many cases—in a very large number of cases—small houses which are let out in tenancies represents the fruits of years of thrift, saving and energy by those who' have thought—and up to now wisely thought—that they might invest their returns in this form of property. This is a direct attack, and there is no use concealing it, upon that class of investor, and I could not give my support to the Second Reading of a Bill which for the first time introduces what I regard as an iniquitous as well as an invidious principle.
But none of us wish to delay or prevent legislation. Legislation on the lines of the, second Clause of the Bill is urgent. I wish to say frankly and for those on whose behalf I can speak, that unless the Government are prepared to give us an undertaking that this first Clause will be deleted from the Bill and will not form part of the Bill and that the House of Commons is not asked to assent to it—and I am certain if they did it would be rejected—unless this Clause is deleted from the Bill we shall vote against it. You may provide if you please, and many of us will gladly co-operate with you in doing so, provision for the hard cases of these poor people which would be equitably distributed and would not be exclusively at the expense of a particular class. You will find a very large measure of sympathy and cooperation in all quarters of the House for any carefully devised proposal of that kind. If the right hon. Gentleman sees his way to introduce it either by incorporation in this Bill or, as I think is much more likely, in another Bill—I do not see how this Bill is to be amended—he will find no factious or even fractious opposition in any quarter. Unless we can get an undertaking that this Clause of the Bill will be deleted, I for my part and those who think with me will be compelled to vote against the Second Reading.
I hope the right hon. Gentleman the Minister of Health will not alter his point of view in any way because of the ultimatum placed before him by the right hon. Gentleman the Member for Paisley (Mr. Asquith). The Minister of Health has brought in one very small Measure to-day, which has secured a very small amount of enthusiastic support from the hon. Members who sit behind him, and it would seem to me to be a very disastrous step to run away from that particular bit of legislation, and I am quite sure that all my hon. Friends around me on these back benches would be delighted to go to the country—[HON. MEMBEES: "Oh!" and "That has given it away"]—including Paisley and Birmingham and to state that we 'Came before this House of Commons with a simple human claim that, in no circumstances, on account of their poverty, should women and children be thrown out on to the streets of our cities, and that hon. Members opposite and those below the Gangway agreed that this was a tremendous and revolutionary claim to make in Great Britain at the present time. [HON. MEMBERS: "No!"] Oh, yes. The right hon. Gentleman the Member for the Ladywood Division of Birmingham (Mr. N. Chamberlain) tried to introduce a parallel with reference to the grocer, the butcher and the baker. If I go to a particular butcher, baker, grocer or other trader for years—and this happens in my own Division of Glasgow—and then a period of hard times strikes me, and that grocer or other trader allows me credit for several weeks, he cannot recover from me at the end of those weeks the food I have got, or the clothing I have got, or the boots I have got. It is only the house-owner who has this special advantage and this special place in the eyes of the law, and there is left to the house-owner under this Bill all the remedies for the recovery of his debts which are available to the butcher, the baker and the grocer. He is left with all the legal machinery of this country for the recovery of debt and, in some cases, he may even be able to imprison if the debt is not paid. I put it to the House that the imprisonment of a male adult for a long period is a much smaller punishment than the punishment imposed by the present housing position upon women folk in the West of Scotland, in Yorkshire, in Lancashire, in Wales, and throughout every industrial district. The only difference between the Clyde and the other parts of the country is that the Clyde has been a little more vocal about, it. That is all. I hope the right hon. Gentleman—and this is all that I rose to say, because to me the Bill does not need any argument in defence of it—and those associated with him will accept the ultimatum both from the Opposition and from below the Gangway, and face the country on the issue.
We have had a most interesting psychological study in the speech of the hon. Member for Bridgeton (Mr. Maxton), to which we have just listened. It was illuminating in many ways, and particularly as it enabled the right hon. Gentleman on the Treasury Bench to listen to "his master's voice." It was a joy to all of us to listen to the eloquence and weighty words of the right hon. Member for Paisley (Mr. Asquith), and I could not help rejoicing that he had at last got back into control of his party, when I remembered that only about a month ago a Rent Restrictions Bill was brought in, on a certain Friday afternoon, which, in a Clause dealing with wilful default of tenants in regard to their rent, did practically the same thing as is proposed in Clause 1 of the Bill now before the House. The first point that I wish to question, as an English Member, is as to the truth of the assertion that there is a large number of evictions going on in the country. There are some of us who have been trying our best to get information as to the number of evictions which are actually taking place, and whether they are owing to landlords wanting to get possession of houses for themselves, or owing to tenants not being able to pay their rent. Question after question has been put to the right hon. Gentleman, promise after promise has been made that that information should be available, and up to the present the Government, who can get this sort of information if they wish, have entirely failed to provide us with any information at all. A few telegrams sent round the country to the County Courts, marked "Urgent," and with the signature of the right hon. Gentleman upon them, would have got him this information at once, but we have been left to try and get what information we could, and I have a little here with regard to evictions in the City of Sheffield.
I do not represent that city, but I do not think there is any city in this country that has suffered more from unemployment during the last few years and where you would expect to find more grievances, if grievances did exist. The number of evictions in the past 12 months was, in the Police Court, 14, and in the County Court six, or 20 altogether. If you go back to 1913, you find that there were in that year 1,549 evictions; in 1914, 1,654 evictions; and in 1915, 1,267 evictions. Some hon. Members may get a rather exaggerated idea as to the numbers of these evictions from the correspondence that they receive, because I expect they receive notification, with full particulars, of every eviction that takes place anywhere, with the added statement that it is a case of hardship which must be remedied. But I want to say, perfectly truthfully, to the House that since the Rent Act of 1923 was passed, I have received only two personal letters of complaint with regard to that Act, and they were both complaints because the County Court Judge had refused orders.
This Bill has been so thoroughly dealt with and absolutely demolished by the right hon. Member for Ladywood (Mr. N. Chamberlain) that it leaves very little for those who follow to say; but I would like to say, because it goes to the essence of the whole question, that not only is it an invitation to every board of guardians to refuse to pay relief, but it talks about a tenant not being able to obtain employment and says nothing about his ability to pay. There may be a tenant who is unemployed, yet who may be perfectly able, out of his own private means, to pay that rent. There is no provision in the Bill to meet that case. There is the other provision about the Court being satisfied that greater hardship would not be caused by refusing to grant an order than by granting it. I think anyone who has had the slightest experience in practical life in dealing with the Courts will see that it is an utter impossibility for a landlord to go into the Court and succeed on this plea. He can prove that the rent has not been paid by the tenant, but all that the tenant has to say is, "I am unemployed," and the landlord will have to prove that it was harder for him not to receive the rent. That would be farcical, and if it did succeed in any way, you would be dragging the landlord into Court to expose before all his neighbours the particulars of his private affairs, things which even the Income Tax authorities keep secret.
Then there is a rather important question in dealing with Clause 2, which apparently has been blessed by both the speakers who have opposed the Bill in general, which I think needs some consideration. It may be a minor and more or less Committee point, but at the same time it is important, and that is where the Bill says the Court must be of opinion that the greater hardship would be upon the owner of the property not to get possession. These questions are very often questions of equal hardship, where it is very difficult to say which is the harder case. There may be people wanting a house, living probably under very overcrowded conditions, and wanting to get into a house they have bought prior to 1922, with the expectation of being able to get into it, and where you have a question of equal hardship, I think the balance should come down in favour of those who have made sacrifices in the past in order to purchase property for themselves to live in. It is not a question of the rich against the poor, because the people who have bought these houses and who want possession for themselves are not rich people. They are as poor and come from the very same class as the tenants, and where you have such a case of equal hardship, I think the balance should go in favour of the one who made the sacrifice and bought the property.
One has noticed, in going about the country and discussing political matters—as, unfortunately, everybody does whenever they meet a Member of Parliament and wherever he goes, so that he has great difficulty in getting away from a political atmosphere—that one finds a certain amount of complimentary remarks made with regard to the right hon. Members on the Treasury Bench, as to how moderate they are and how they are carrying on the Government in a practically Conservative manner, but I have always said to those friends the famous words of the right hon. Member for Paisley, which I will not repeat, and I have also said to them that the Ethiopian cannot change his skin nor the leopard change his spots, and that if only we gave time to those hon. and right hon. Gentlemen, we should see what the Socialist Government really had at the back of their minds. I know quite well what they have at the back of their minds, and I have known it for a very long time. It is spoliation, the desire to take from those who have and give it to those who have not. This Bill is a beautiful example of that doctrine, and will open the eyes of the people in this country to what really is behind it. Here at last the velvet glove has been removed, and we can observe the mailed fist. The Minister of Health has taken off his boot, and we have seen the cloven hoof.
The Minister of Health and the hon. Member for Bridgeton (Mr. Maxton) both suggest that they have a monopoly of human sympathy with regard to evicted tenants, but, as others have said, there is no doubt that in all sections of the House there is a sincere desire to remove those hardships which are undoubtedly pressing very severely on a large number of people. The hon. Member for Hereford (Mr. S. Roberts) referred to the comparatively small number of evictions which have taken place in certain parts of the country, but the House will remember that whereas the evictions in pre-War days merely meant the difficulty of going from one cover to another, now, when an eviction takes place, there is no alternative accommodation to which the tenant can go, and, therefore, it is in reality a question of being turned out on to the streets. Therefore, though the numbers may be, in some opinions, relatively small, each one that exists means a very real hardship and distress, and is, surely, of sufficient importance for this House to exercise all its time and trouble in trying to avoid, if it possibly can.
But what did the right hon. Gentleman suggest? He suggested that this burden was a national burden, and in very indefinite language he went on to suggest that the Government would later on be willing to co-operate with other sections of the House in relieving the burden which this Bill would put on one section of the community. But that is very indefinite. We want to know exactly in what way he is going to make this burden a national burden and not one of sectional interest, because surely the proposals that he has put before us are simply removing the hardship from one oppressed section of the community to another. Hon. Members from Glasgow were rather scornful of the suggestion that many landlords were in quite as poor circumstances as their tenants. I cannot speak for Glasgow, but in the North of England, in a large number of cases, the owners of industrial property are the workers themselves, who have put their savings into their own house or into the next one. [An HON. MEMBER: "And are living on their fellow-workers."] No, they are living on their hard-earned savings, and it is manifestly unfair for this House to put on them a burden which undoubtedly is a national burden. Therefore, as the right hon. Member for Paisley (Mr. Asquith) said, whilst we shall be very glad to co-operate in removing the hardship which does exist in certain cases, if you are to deal with it on national lines, we cannot agree with the Labour party in seeking to impose this special charge on one section of the community alone.
6.0 P.M.
The hon. Member for Bridgeton attempted to draw an analogy between the small shopkeeper, the grocer and the clothier, and said he wanted to put the landlord in the same position, that if he ran up a bill with the grocer and the clothier, they could not take from him the food or the clothes he had had. But surely he should quote facts on this point. By this Bill the Government are proposing not only to enact that the landlord cannot recover the rent which is his due, but that he has got to go on supplying cover for an indefinite period. On the same parallel you would have to say to the grocer or the clothier, "You have to go on supplying to the unemployed, so long as he is out of work, food, clothing and raiment," because he happens to be unfortunately out of work. Surely that is a manifestly unfair proposition? It is not right to apply to the landlord that which you would not apply to the tradesman in any other line of life! I submit that it is obvious that this question should be dealt with on national lines. The Government should bring in possibly some un-covenanted benefit which would provide adequately for the rent, or part of it, to be paid for those who were out of work. In many parts of the country at the present time the guardians—and one regrets that it should be through the administration of the Poor Law—do make provision whereby the rent or a portion of the rent can be maintained. You have in these districts very, very few cases of evictions taking place for non-payment of rent when a man or his family is out of work.
I submit, therefore, that the right way to deal with this question is for the Government to face the question boldly, realising that it is a national responsibility, that it is their responsibility, and that it is not a courageous thing for them to turn the responsibility on to the landlords instead of facing it themselves. Let the Government face the responsibility of providing the wherewithal. Do not throw it on to the guardians, and burden necessitous areas, but found it upon State funds. Let them face the question themselves. If they do that they know they will get the support of a very large part of the House. They are only asking for trouble in putting this Bill forward in the way they have done.
The second Clause is one which will remove at once the various causes for eviction which are taking place. As has already been said, when the 1923 Act was put forward those of us on these benches opposed the Measure of the right hon. Gentleman the then Minister of Health. There is a Bill in the name of the hon. Member for Withington (Mr. E. Simon) to remove these causes for eviction which are taking place. If the Government concentrate upon that they can carry it in the course of a week. They can, therefore, remove many causes of eviction, of distress, and serious hardship. They can remove these things at once and benefit the tenants who are suffering injury. Instead of that they are bringing in this Measure, the first Clause of which they know they cannot possibly pass, and which has not the united support of their own party.
That is not true, and you have no right to say it.
We are entitled to say it if we think it!
Let the Government concentrate on the things that are more pressing, concentrate upon removing these causes of eviction which can be removed this week with the goodwill of all parties. The Government is responsible for allowing tenants to be evicted because they refuse to face the realities of the position, and refuse to throw over the first part of the Bill which they know has not the shadow or ghost of a chance of being passed in its present form.
If the House does conclude to reject this Bill, the country will know quite well, without being told by hon. Members who have spoken, with whom the ultimate responsibility rests. The country will know quite well on whom the responsibility for the non-protection of the tenant lies This Bill is a perfectly clear and perfectly simple Bill, designed to protect the tenants against the very serious injustices which, as the right hon. Gentleman the Minister for Health stated, have caused the utmost possible suffering and misery in many thousands of homes. I do not rise to make a particular appeal on this matter, however, but in order to try to convey some approximate statistical information of the situation as it affects London.
In the speeches which have been made up to the present a good many parts of the country have been mentioned, but not London. In London, South London particularly, the properties which are affected are very largely blocks of so-called model dwellings, insanitary death traps for the most part, which, are not, as stated frequently and incorrectly, owned by members of the working classes at all, but are owned by persons who live on the rents they derive from these properties in quite other parts of the country—if they live in this country at all! Those old properties are actually at the present time housing an enormous population many of whom are subject to orders of eviction. It is extremely difficult to get any accurate statistics upon this point. [HON. MEMBERS: "Why?"] The Government, in answer to inquiries, have stated the difficulties in the matter, and hon. Gentlemen opposite have merely said that if they sent a few telegrams to the County Court judges they would get the information. As a matter of fact, they know perfectly well the thing is not so simple as that.
How did you get the information for Glasgow?
If I understand it the Minister of Health got some approximate statistics about one particular case, but I may say it is extremely difficult to get the information for all over the country. [HON. MEMBERS: "Why?"]
Perhaps the hon. Gentleman will allow me. He knows I have taken a great interest in this question. I can tell him that there is a Member of this House who says that he can get the statistics for his district in a quarter of an hour, if necessary, from the clerk to the magistrates.
I am assured by a solicitor practising in London, and exceedingly busy in this particular class of practice, that there would be the utmost difficulty in getting these statistics, and there would be great expense. However, that is a matter that hon. Members, I am quite sure, will not fail to press with questions if they so desire. [HON. MEMBERS: "There are the County Court Judges!"] I can give some information as to an area in South London. There are 10 County Courts in the district which extend from Woolwich and Dartmouth to Wimbledon. The population living in the area is, roughly, something about 3,750,000. That is something under 1,000,000 families. There are about 200,000 persons, therefore, who are affected by the kind of conditions which lead to evictions. There have been during the last couple of months applications for about 1,000 orders, probably more, but not less than 1,000 for eviction every week.
Who is the hon. Gentleman quoting and where does his information come from?
I am quoting the information got at my request by a solicitor. [HON. MEMBERS: "Oh, oh!"] I am giving the information given to me by a very highly qualified gentleman who practises very largely in this particular class of case in all the Courts with which I am dealing. I venture to think that his opinion and his information is derived—
There is no such man.
is derived from serious consideration. There are about 100 evictions actually carried out every week. I know of my own knowledge, speaking of North Southwark, the constituency which I represent, that in certain districts of North Southwark certain blocks of buildings are inhabitated by very poor people who live there. It is a perfect nightmare to them, the uncertainty from one day to another as to when they are going to be evicted. I do suggest that it is essential that this Bill brought in by the Minister should be passed because the Act of 1923 does not give protection. I know quite well that the right hon. Gentleman the former Minister of Health (Mr. N. Chamberlain) stated that the 1923 Act gives protection. I dare say the 1923 Act gives a kind of protection, but unfortunately when cases are brought up in the Courts what happens is that the eviction order is applied for, not on the ground of the non-payment of rent, but on the ground that the tenant has been abusive or offensive, either to the landlord or the landlord's agent, or that his wife has been abusive, and then it is added that there is so much rent unpaid. There is not the slightest doubt that the fact that a large amount of rent is unpaid is one of the considerations that influences the judge when the legal decision to grant an eviction order is given. Therefore that is perfectly true. It is a matter which is extremely serious.
This Bill would not cover that.
This Bill would cover it, because the causes with which I am dealing, as the hon. Member knows perfectly well, are almost all of them caused by unemployment.
The guardians pay. Why do you raise that point?
They do not pay in these districts, and guardians are not actuated always by the sentiment which hon. Members of this House, no doubt sympathetic themselves, think that they ought to be actuated by. The hon. Member for Hereford (Mr. Roberts) seems to regard the fact that the onus in a case like this under the Bill being put on the landlord is a scandalous affair. The landlords in this country have been very much too long regarded as a privileged class. I know that during election times the landlords go round when they find posters for the labour candidate posted on their walls and bully the tenant till they are pulled down. They consider that quite a good thing for the landlord to do. The noble Lord the Member for Hastings (Lord E. Percy) laughs at that, but it is perfectly true. I can take him to streets where it has happened. I could take him to the actual tenants, who have been bullied, and who have taken down placards.
Would the bills of the hon. Member stay there?
When I am a candidate they stay there, because I insist on their staying there. I do not intend to allow anybody who proposes to support me as a candidate to be bullied by any person. I suggest that if hon. Members below the Gangway have a real sympathy for the tenants they should pass this Bill. [HON. MEMBEES: "Why?"] For the simple reason that you cannot get any other line of protection which in the existing circumstances are going to protect the tenant. You must have something. I agree this is drastic, but it is necessary to be drastic. Unless you deal very drastically indeed with this matter you are not going to be able to get control of the houses which you require. The hon. Gentleman has drawn a pathetic picture of South Wales owners; of men who have started from the working classes and who are likely to suffer, but that kind of person is protected if he can show that he is suffering hardship. The man who is aimed at is the owner of big blocks of tenements either in London, or Glasgow, or big blocks of property in other parts of the country. These people undoubtedly deserve special treatment, for they have for a very very long time now disregarded the perfectly obvious social duties in regard to their tenants. I am quite sure that hon. Members on the other side—and I know some of them have a real and perfectly genuine sympathy in this matter—will realise quite clearly that certain landlords, particularly of large blocks of tenements in the large cities, have behaved disgracefully for many years in this matter. They have not kept their blocks of tenements in repair. They have extracted the maximum amount of rent and treated their tenants with the least possible consideration, and all the time they have been drawing large rentals. Sometimes those owners have not taken the trouble to see under what conditions the rent they were receiving was being demanded.
May I ask, Mr. Deputy-Speaker, what this has got to do with this Bill? I cannot gather that it has anything to do with it. We have been told what the landlords do and do not do, but all this has nothing to do with the question whether a man is unable to pay his rent in consequence of being unemployed, and whether he should live rent free.
I think the last few remarks of the hon. Member for North Southwark were getting a little wide of the subject.
I was trying to show the necessity that exists for dealing drastically with the landlords. I hope hon. Gentlemen opposite will now understand that in order that the tenants may be protected it is necessary to deal drastically with the landlords.
Is my hon. Friend in order in suggesting that my understanding is lower than his own?
I do not know that that is a point of Order. I suggest that all the difficulties which hon. Members find in the details of this Bill can be put right by means of Amendments. There is nothing in this Bill that anyone, who desires to protect the tenants of the country against their very terrible suffering be the present time, which we have not exaggerated, should hesitate to vote for, and those who do not vote for the Second Reading range themselves definitely against the interests of the poor and defenceless tenants.
We have just had a very remarkable speech from the hon. Gentleman who has just sat down, but I may say that it is quite in keeping with most of the provisions of this Bill. Three parts of the hon. Member's speech were quite immaterial to this Measure, and the remaining part dealt with a solicitor, in whom I am rather interested, because the hon. Gentleman told us that he practices in all the Courts up and down the South-east and South-west of London. The hon. Member asserts that this solicitor has stated that there are 1,000 evictions a week in the area I have mentioned, and that some of these evictions have been made because the tenants were abusive. I must ask the hon. Member, in confidence, to tell me the name of this gentleman, because I should very much like to hear where he found a member of my own profession who is able to travel up and down London and get information so quickly, which is not available to the rest of us.
But, speaking seriously, there is one aspect which I welcome so far as the Government is concerned, because for the first time, and after considerable period, we have got the Government to declare their policy so far as rent restriction is concerned. The Parliamentary Secretary to the Ministry of Health will remember that many of us have been pressing the Government for a considerable time to disclose their plans in relation to rent restriction, and that has been one of the reasons why the Committee upstairs has not progressed so rapidly as some hon. Members would desire. This afternoon, however, we have had the exact proposals of the Government put before the country, and it is interesting to observe that they make no suggestion either for the continuance of control, nor do they make any suggestion in regard to what I thought was very dear to the hearts of hon. Members sitting behind the Minister of Health, namely, that there was to 'be any decrease in rents. It is a matter to be noted that so far as the Government are concerned they have made no proposal in connection with the decrease in rente, nor with regard to the continuance of control.
On a point of Order, I would like to ask Mr. Deputy-Speaker whether the question of a reduction of rent has any relevance to a Bill dealing with eviction?
I think that the hon. Member has only introduced it as an illustration.
I think I am entitled to discuss what is not in the Bill as well as what is in the Bill.
On a point of Order, Mr. Deputy-Speaker, I want to ask, is the hon. Member entitled to criticise what is not in the Bill as well as what is in it, and will other hon. Members have the same right?
It will depend upon what hon. Members raise in that connection.
I want to ask a question about the policy of the Government, and I want to put a question in regard to a pledge which was given to myself. There is one matter which I am sure will receive the unanimous support of every section of the House, and that is to deal with the decision recently given by the Court of Appeal on the question of a reduction of rent when the rates are reduced, and I think all sections agree that that matter ought to be put forward and dealt with. When the Prime Minister made his answer in connection with this matter I said: so far as the Government is concerned, they are not doing what they ought to do by the tenants of this country if they do not put this matter right at the earliest possible moment. I do not know whether it would be possible to incorporate in this Bill a Clause of that kind, in regard to which the tenants have great complaint to make against the Government. There has been a great deal of discussion this afternoon on the question of the number of evictions, and whether there is a large or a small number taking place up and down the country. The Government have been pressed during the past fortnight to give those particular figures, and they have endeavoured on every occasion to avoid giving them. Many people have communicated with me and have supplied me with particulars of evictions in their district. These figures can easily be obtained. I have the figures relating to several County Courts giving the number of evictions that have taken place, and if the Minister of Health had genuinely desired to obtain those figures, I am sure he could have got them in the course of a week.
We know now that in introducing this Bill the Minister has no information in regard to that particular matter. The Parliamentary Secretary to the Ministry of Health said this afternoon that he had had no communication whatever with the County Court Judges on this matter. I think that is a very remarkable state of affairs, because a very great burden is going to be placed on the County Court Judges by this Bill, and of all the people who can give reliable information on this subject the County Court Judges are the most competent, and yet the Minister of Health has failed to communicate with them. The other day the Minister of Health received a deputation from the Federation of Property Owners in Scotland, and after that interview he issued a final statement from the Ministry of Health as to exactly what took place on that occasion. It was not a mere newspaper report, but it was an official statement issued by the Minister of Health himself, and this is what he said on the question of the number of evictions in connection with rent restriction legislation:—
Can the hon. Member give us information upon two points? Firstly, do I understand that that information is given by one of the officials of the Court, and, secondly, can the hon. Member say whether the ground of application was non-payment of rent, or because of the landlord desiring possession?
The information came to me from a solicitor practising in the Liverpool County Court. The figures cannot be distinguished—that is the difficulty. I have pressed the Minister of Health again and again to get information distinguishing the two sets of cases, but the Minister has avoided getting that information. The figure 1,072, however, applies to all applications, and the actual number of warrants executed was only 73. Therefore, we should have some regard to the proposition with which we are dealing to-day, in view of the exaggerated statements that have been made. In connection with that aspect of the matter, there is an hon. Member of this House—he is now sitting near me, and will correct me if I am wrong—who sat as deputy Judge, I think at Marylebone, and heard no fewer than 600 of these cases; and I think I am correct in saying that there was no actual warrant issued in respect of any one of them. The experience of my hon. Friend, as he told me himself, was that there was a surprising number of cases in which the landlord and tenant themselves came to an agreement when the summons was heard, and arranged their difficulties between themselves. Therefore, while we have every sympathy, we must not exaggerate this aspect of the problem. I think the most serious result of the proposals of the right hon. Gentleman will be to affect the stability and the security of the great building societies and co-operative societies of the country. I remember very well the Minister of Health making a speech in connection with a private Member's Rent Restriction Bill, in which he endeavoured to set up the idea that anyone who stood up on behalf of a particular aspect of the landlord's side of the case was standing up on behalf of the rich and privileged. The right hon. Gentleman never made a bigger mistake in his life. In fact, the working classes of this country who have incomes of less than £130 a year own over £400,000,000 worth of house property.
How is it owned? Is it owned through building societies, co-operative societies, or public utility societies?
I will gladly answer that question. This figure is the return made, for purposes of assessment, to the various tax collectors up and down the country. The hon. Member asks about building societies, and what the amount is there. There are over 800,000 members of building societies in this country who have an interest in house property, and they actually have invested on mortgages, in this country alone, over £83,000,000. That is building societies alone.
Are they residing in the houses?
My hon. Friend knows that the majority of them do.
Then they cannot be evicted.
I hope the hon. Member will see my point in a minute or two. A large number of these members of building societies borrow the money in order to buy their houses in which they live. Take the co-operative societies of the country. I am glad to see on the Government Bench the Parliamentary Secretary to the Board of Trade, who represents the co-operative societies in this House. If the proposals of this Bill are carried out, the investments of the co-operative societies of this country will be very gravely threatened.
You are talking nonsense!
The hon. Gentleman very courteously says I am talking nonsense. I will read to the House, if they will permit me to do so, the position of what I think he will agree is a perfectly well managed co-operative society, showing exactly how they stand even under present conditions, when there is no extraordinary suggestion made as to the payment of rent—showing exactly how they stand in connection with their investments in house property—inasmuch as I am challenged in such courteous terms by the hon. Gentleman. This is what the President of the Dewsbury Pioneer Co-operative Society said at their last quarterly meeting a few days ago. He said that the society had invested £62,083 in 357 houses, and that from the 1st January, 1915, to the 1st December, 1923, the total rentals had been £42,146. He said also that they had paid in rates and taxes £12,355, and for repairs £8,869; and that, after payment of other charges and allowing for depreciation and interest on the capital outlay, the property had yielded an annual profit of £1,384, or an annual return of 2·2 per cent. on the capital invested. How could a co-operative society situated like that possibly stand the proposals that are made by the right hon. Gentleman this afternoon? These proposals ought to excite the active interest of those people who have put their savings into these very excellent institutions; and when an hon. Member says he would like to have an election on it, I for one would not at all mind fighting any constituency on this point. I suppose the idea that animates this particular proposal is the idea that has been for a very long while in the mind of the Minister of Health. He believes in handing over the land, and, I suppose, the houses on it, to the people of this country, and this, I suppose, is one of the methods by which he would carry that out. I have already had circulated in my constituency, and I hope hon. Members may read it with interest in theirs, a little piece of poetry on the proposals of the right hon. Gentleman, which, I suppose, is intended to impress the electors in my division. It is called "The New Terror," it is issued by the Erith and Belvedere Socialist Schools, and all the proceeds from the sale of the leaflet are to go to the school band fund. It is, I take it, supposed to be addressed to a tenant, and here is the tenth verse:
"You exclaim, 'What can I do,
If he turn me out?'
The remedy, friend, lays with you,
Just vote the landlords out.
Private ownership in life,
Penalises both man and wife;
The surest way to end this strife,
Is to wipe this system out."
The Noble Lord the Member for Hastings (Lord E. Percy) suggests that this might be a Sunday school hymn of a Socialist Sunday school. Very likely, but that is really the spirit which animates the Measure of the right hon. Gentleman. What he ought to be doing in this connection in the first place, if there is a case, as I dare say there may be, for dealing with a large number of these unfortunate cases, is, as has been pointed out to him this afternoon, not to endeavour to cast the burden on one section of the community, but to meet it in a national way; but the real root of this difficulty lies, firstly, in the shortage of houses in this country, and if the right hon. Gentleman would devote his time to getting on with his scheme instead of to legislation of this kind, he would be doing much better. In the second place, the difficulty lies in the grave unemployment which prevails up and down the country, and I regard this as another method of the Labour party in avoiding the promise which they definitely gave before the Election, namely, that they had the real remedy for dealing with this matter. They have now found that they cannot discover it, and, as a result, we are treated to proposals of this kind, which not only raise a great deal of ill-feeling between landlord and tenant, which not only disturb the industrial and social relationships of the people, but which also very much retard new building and private enterprise in connection with housing in this country. I hope, therefore, that there will be no hesitation, from the point of view of equity, fair play and justice all the way round, in rejecting this proposal this afternoon.
The Minister of Health—I am sorry he has to go—made this afternoon a speech in which he brought home to the House, if, indeed, it was necessary to make it more plain, the tragic case of the unemployed man who, by reason of his unemployment, finds it impossible to pay his rent. I think that in all quarters of the House there was a sincere feeling that the right hon. Gentleman was depicting, in very graphic and very moving, but not in exaggerated, terms, the full extent of that tragedy. That was the first part of his speech. The second part was only a sentence or two, in which he purported to give to the House an explanation of why he thought that the proposals of Clause 1 of this Bill were the way to meet that difficulty. Really, I think, when he looks at the report of his speech he will find there is hardly a single sentence in the whole speech about it. There was a third and still more mysterious part of his speech in which he made a reference, about which I want him or some member of the Government to give us an explanation, to the hope of the Government some day or other, or by some means or other, to bring into play new forces or new resources as the result of which this burden would not finally fall upon the selected persons whom this Bill makes to bear them. It is that third matter which the House of Commons would like to have some more information about before this Debate closes. It seems to me that the House is entitled to know from the Government what they mean by that, because there is nothing whatever in the Bill which in the least supports it, and it would be most undesirable if anyone, out of sympathy—I should think everyone must feel sympathy in the fullest degree for this hard case—was led to vote from a misunderstanding as to what the right hon. Gentleman has in mind.
I wish to deal with the Bill as it stands—that is the only thing with which we can deal now—and I note, first of all, that by common consent, by consent of the speeches made behind the Government Bench, by the hon. Member for Bridgeton (Mr. Maxton) for instance, or the hon. Member for Southwark (Dr. Guest), the core and kernel of the Bill is to be found in Clause 1. It is no good telling the House of Commons, "This is a case where you may pass the Second Reading on general principles, and then afterwards you may discuss this as a detail in Committee." This thing is not a detail. This is, as the Bill is at present constructed, the principal provision and object of the Bill. In the next place, we do the Bill too much justice if we describe it as one which throws this burden upon the class of property owners. We do not do anything of the kind. We select, as it would seem almost by accident, certain individuals who are owners of property to bear the burden. Before you have to bear the burden of Clause 1 you have not only to be an owner of property, you have to be an owner of property of the size which is affected by a Measure of this sort, and you have to have as your tenant someone who, very likely since he became your tenant, finds himself unable to find employment. On what conceivable principle of justice or fairness whatever, or political philosophy it may be, do you say that if you had before you a series of property owners who in every other respect are just like one another, as bad as one another if you like, some of them have to bear a burden and others have not, because some of them happen to have tenants who are out of work and others have tenants who are not out of work.
It is a perfectly ridiculous distinction to draw, whatever be the political or philosophical principle behind the Bill. If you want deliberately to strike at landlords as a class, introduce a Bill to say everyone who is now living in a house that does not belong to him shall live in it hereafter for ever without paying any rent. That is intelligible, but it is not only not intelligible, it is complete nonsense to say to a number of people who are obviously on a common level that their fate depends on a thing that they are not responsible for and that they cannot control and that therefore of two persons in exactly the same position, one may receive an income on which he has counted and the other may not because a particular individual in the house of the one is a person who is unable to pay rent.
Then the hon. Member for Bridgeton gives us a foretaste of what he is going to say outside the House about those who oppose the Second Reading of the Bill. I am very much obliged to him for giving us the opportunity in this Debate of giving him the answer. I do not ask for anything more than that whenever he uses his argument he would have the fairness, he and his friends, to repeat the answer. What is his argument? He said, "If you consider the case of the grocer or the clothier, these shopkeepers may have supplied a poor man with food or with clothing on credit. He may have run up a bill against them. And yet when the grocer or the clothier appeals to the law and tries to collect his debts the law takes good care to say that a man who is unable to pay the debt shall not be thrown into a debtors' prison. The law orders that there must be a proof of means and that the payment that is undoubtedly due to be made must be made by instalments—by small amounts, according as it appears that the debtor is able to pay. "Then," says the hon. Member, "what we want to do by this Bill is to apply the same law to the landlord." Allow me to say that if that argument was fair and true I should be entirely in favour of applying it to the landlord. But there is a fundamental distinction which the hon. Member does not seem to have appreciated.
There is no law that if a grocer has allowed someone to get credit in the supply of food, and if that person is unable to pay the bill, that grocer must go on supplying him. There is no law that the clothier, who has allowed a man to buy a suit of clothes without getting paid then and there, must go on providing him and his family with other suits of clothes merely because he is unemployed. Those things must and ought to be dealt with by communal action, as I think, on an adequate and a generous scale and, I think, ought to be dealt with not merely on the basis that otherwise the whole community falls to pieces, but that it is a responsibility of the community to see that people who through no fault of their own are out of work should, in this respect, be adequately and reasonably assisted. But this is a Bill which says, not that a landlord must show mercy as regards the past merely, but that he is to be compelled to go on providing the commodity which he has contracted to supply and he is to have no right to say, "I refuse to supply you with it any longer." If the grocer is entitled to say, "I am sorry, I cannot supply you with any more food," or the clothier is entitled to say, "I am sorry, I cannot supply you with any more clothes," on what principle of analogy is it suggested that because the man in question happens to be an owner of house property the law, if it is to resemble the law as it applies to grocers and clothiers, is a law that says, "You must go on supplying this person with your commodity, namely, shelter, as long as this Act continues on the Statute Book"? There is no conceivable analogy between the two things at all.
Then I ask this. Have hon. Members who are supporting the Bill, has the Minister of Health, really considered what its effect will be upon the present practice of those public authorities who make provision out of public funds under the head of rent in respect of relief to the un employed? I speak subject to correction, and the right hon. Gentleman will know from the rules of his own office, but am I wrong when I say that if a board of guardians was to give, under the head of outdoor relief, a sum of money which was earmarked as intended to go to the payment of rent, when all the time the rent by law must be forgiven by the landlord because the tenant is unemployed, the right hon. Gentleman's Department would surcharge the board of guardians for giving away public money unnecessarily?
With all his legal ability surely the right hon. Gentleman must see that there is nothing in this Bill which says the rent must be paid. All that is in the Bill is that the tenant must not be evicted.
I am willing to be corrected if I am wrong. I am not making a controversial point, neither am I attempting to split straws in any technical fashion. My point is merely this. As things are, in an area where you have unemployed, in areas in London, the boards of guardians, under the authority, of course, of the right hon. Gentleman, are, as we know, granting relief on a scale which includes provision for rent. That is because the man is not only unemployed but is without resources by means of which he can keep a roof over his head, and public money is therefore being granted by way of relief by boards of guardians to enable such a poor creature to satisfy the demands of the landlord and keep a roof over his head. If the House of Commons passes this Bill and says the landlord of the man who is unemployed is not entitled to turn him out notwithstanding that he does not get rent, where is the need therefore for providing the unemployed man with a sum of money in order to pay his rent to his landlord?
That is all I want the right hon. Gentleman to consider, because it does not appear to me to be in the least a technical or a niggling point. It really shows that this Clause has been introduced without ever adequately considering what is the machinery by which the community out of public funds assists a man who is in this situation, and the truth is, it seems to me, that the right hon. Gentleman, naturally enough, considering more particularly an area which he knows very well and the interest of which I know he has most sincerely at heart, and thinking of the practice which appears to be different in a portion of Scotland, is here proposing for the whole of Great Britain a scheme which, unless I misunderstand it, is only too likely to give the guardians and the ratepayers a reason and an excuse for not giving that relief out of public funds which they could do. We have been warned by the hon. Member for Bridgeton, and we have been warned in even less ambiguous terms by the hon. Member for Southwark, of what he and his friends intend to say about those who oppose this Bill. Then let me take the opportunity of saying what I mean to say. If the Government insist upon pressing this Bill, and this whole Bill, when they have been told in plain terms that if they are prepared to withdraw Clause 1 they can have Clause 2 by the general assent of the House, I propose to say that it is the Labour Government that is deliberately delaying the relief which many people feel is overdue owing to the working of the Act of last year. Whether or not the Act of last year was wisely phrased or not it has produced a con- sequence in fact, and the right hon. Gentleman the Member for Birmingham (Mr. Neville Chamberlain) will admit it, which he did not quite contemplate, and therefore it is quite right that it should be corrected. Here we are all agreed that it is urgent that that Act should be corrected. It can be corrected within a week. For my part, I propose, therefore, to say that if the Labour Government none the less insists upon having this Bill defeated, as it will be in the Division to-night if they do not give way, it is because they would sooner leave those people lying under their grievance than dispense with the opportunity of misrepresenting the action of those who oppose this Bill.
7.0 P.M.
Those who are familiar with the history of this House, and with the problem which has reached such urgency, will remember that the man who strode across the Floor of the House almost to offer physical violence in order to seek protection for the men who run risks at sea, in his time and ours was regarded as a fanatic without regard for rhyme or reason and certainly as a man to be put down. People to-day know that the Plimsoll load line is a guarantee of safety. May I suggest to the right hon. and learned Member for Spen Valley (Sir J. Simon), who has expended so much rhetoric on this question, that if he had lived in close quarters and had had experience of County Court administration of eviction orders, he might realise that behind the wording of this Bill there is a determination to bring home to the conscience of this House exactly what is the state of affairs at present? The Noble Lord the Member for Hastings (Lord Eustace Percy) smiles. My hon. Friend the Member for Leamington (Captain Eden) smiles. But this is the point. I beg for a little attention in order that hon. Members may see the relevance of it. The right hon. and learned Member for Spen Valley rightly stresses the point, and I for one, as a member of a housing authority, agree absolutely with it, that where the need for unemployment pay in the shape of Poor Law relief and provision for the payment of rent, then, if a tenant fails to pay rent to the landlord that has been provided by common funds, he ought not to go free. Some provision ought to be made.
In Dover they are unable to get men into the sweating dens, called shipyards, in which right hon. and hon. Members of this House are interested. They can get them to work, but there is the cost of hospital maintenance for men burnt and broken in less than three weeks for a wage of less than 36s. a week, entirely owing to the reactionary constitution of these boards of guardians. There is no recognition of the right of existence apart altogether from the right of shelter. I would compare the act of Plimsoll, in shocking the House, to the bringing forward of this Clause, so that it may focus attention on the glaring inequalities of the rating system in this country. There is nothing whatever to compel the boards of guardians throughout this land to enforce a common rate of relief, and, consequently, we get all the anomalies that exist to-day.
The hon. Member for West Woolwich (Sir K. Wood), who has beat a strategical retreat, has quoted poetry—[HON. MEMBERS: "Oh!"]—yes, he has beat a strategical retreat—[An HON. MEMBER: "What about Southwark!"]—has been quoting a piece of poetry from the Dartford Division, which I represent. I would only suggest that he quotes the first verse as well as the last verse, because it deals with an unemployed ex-service man, with a family, evicted because of unemployment. He suggested that the hon. Member for North Southwark (Dr. Guest) was, in the language of the mean streets, daft. The hon. Member for North Southwark said that there were 1,000 applications a week in London and greater London for ejectment orders. Let me take the experience of the Division I represent, Dartford. In one day at one County Court dealing with one of the fringes of London 17 orders were applied for. [HON. MEMBERS: "How many were made?"] Seven. The point is that some day or other the conscience of some of the Members of this House must be aroused to the threatening of the lives of men and women who are subject to having to appear before the Courts of this land in danger of an eviction order being given. I am a member of a local authority, and I have no patience with a man who, having been allowed something out of Poor Law relief to pay rent, does not do it. In the Woolwich area—and the hon. Member for West Woolwich knows it perfectly well—men who have had the allowance and not paid their rent have been turned out of their houses because of it. As the result of the provisions of this Act in the division I represent one man, the owner of a row of houses and shops, was able at different intervals because of the pressure of work upon a County Court to secure an order for possession of three different shops and houses in one road within five weeks, and he had only two children. They were for his family, and he secured the order for possession because of that. But for the illness of His Honour Judge Parry I should have been sitting with him this morning on the bench at Dartford because of the interest that His Honour Judge Parry takes in in this question. He says that the anomalous wording, the phraseology, of this Act of Parliament throws too much responsibility upon the Judges. [ Laughter. ] Do not laugh too soon. The laugh may turn against you.
Would the hon. Gentleman tell me whether the case he has described would not be met by Clause 2?
I am not so old and learned a debater as my right hon. Friend, and possibly I am much more easily put off my point.
I do not want to do that.
I want to remind the right hon. Gentleman of the Private Members' Bill, which sought to carry through several clauses, including the reduction of rents which Members opposite sneered about, and the rectification of the rating blunders which every Labour Member warned the right hon. Member for Ladywood (Mr. N. Chamberlain) about last year. If, last year, hon. Members were so sure of the interpretation that was going to be put upon it by the County Court Judge, what right have they to assume that the County Court Judge will not view this problem in the same way as the Minister of Health states. Out of this discussion, and out of this awakening of your conscience—it has awakened you out of your complacency—the idea that an unemployed man should live in a house without paying rent staggers you. But if we bring home to you that some boards of guardians representing necessitous areas who are bearing the burden of 9s. 4d. in the £ for Poor Law rates alone are able and willing to pay relief for a man and his family which not only includes subsistence, but provides for the payment of shelter, the least that other boards of guardians ought to do is to come up to that standard or, where they do not, that the landlord shall be entitled to recover in the same way. [HON. MEMBERS: "Hear, hear!"] I wish that the agreement were quite so unanimous. Let us pursue the point a little further. Take a case from Yeovil. I do not know whether the Member for Yeovil (Major G. F. Davies) is present:
"I have a wife and three children and am threatened with eviction in two months because of the County Court Order against me. There is nowhere to go in this area. I see that in Parliament Measures are being considered to protect tenants against those evictions. Sir, please do your best to help us tenants who have County Court Orders standing against us already and nowhere in the world to go."
[HON. MEMBERS: "Section 2!"] But you sometimes have to use a bludgeon to get Section 2. I would ask hon. Members who are opposed to this Bill—[HON. MEMBERS: "Clause 1!"]—who oppose Clause 1 of the Bill, to suggest some way or other of dealing with these reactionary boards of guardians who refuse to come up to the scale even laid down by Sir Alfred Mond, a scale by no means generous, equitable, or even necessary for existence, and some measures which we can adopt in order to secure that throughout this land people who are denied work are given an opportunity of some form of subsistence and a margin left over to pay rent. If you do not get that, how can you throw a mother out on the streets who has not got enough to give her children food? One Member opposite says, "Why does not the Minister of Health spend his time getting houses instead of bringing forward a Bill like this? "This is the very crowd who have been shouting for himself, his Parliament and his Secretary, and the Attorney-General to spend the whole of their time in Standing Committee A. They have used every legal ingenuity to put down purely obstructive Amendments. It is because of the absolutely deliberate obstructive Amendments upstairs that this Bill has become necessary.
The hon. Member has heard me rule before now that proceedings in Committee upstairs cannot be discussed on the floor of the House.
I submit to your ruling. I simply close by saying that I do not approach this problem in any one-sided spirit. I would remind hon. Members opposite that some of us who are contrasting the Poor Law rate of Leamington, of Hastings, of Oxford and Cambridge, of Bexhill, of Harrogate and Scarborough with Dartford's poor rate and with that of Sheffield, Middlesbrough or Birmingham, are entitled to ask the Members of this House to have some regard to the inequitable way in which the burden of unemployment is being distributed. If the putting forward of this Clause serves no other purpose than to bring out the absolute necessity of some national measure by which we will not only give subsistence but in addition a sum that will provide shelter, it will not have been in vain.
I have listened with very great interest to the speech of the hon. Member for Dartford (Mr. Mills). May I ask him this question. Did I understand the hon. Member to say that he sat as assessor on the bench with the County Court Judge, dealing with these cases?
No. What I said was, that as a result of writing privately to his Honour Judge Parry, to ask for his observations on certain cases which appeared to me, as a layman, to be unjust, and having asked if he would go into the question when considering the next batch of evictions, his Honour invited me to sit beside him on the bench, not as an assessor but as an interested observer.
I am glad that we have had that full statement by the hon. Member. If I may respectfully say so, for the hon. Member for the Dartford Division to sit with the County Court Judge on the bench, and to write to him about cases to come on, is so remarkable that nothing more corrupt, in my judgment, have I ever heard.
I think I made the point perfectly clear. The point I made was that certain cases had occurred, and I wrote to his Honour, Judge Parry, to ask for his observations on cases that had occurred, and as a result of that communication I was invited by his Honour, Judge Parry, to go down and hear cases that were coming on.
Is the hon. and learned Member for Gillingham (Sir G. Hohler) in order in accusing one of His Majesty's Judges of corruption?
I thought the hon. and learned Member was referring to the hon. Member for Dartford.
May I say that the hon. Member for Dumbarton (Mr. Kirkwood) applied for and was allowed permission to represent the cases of tenants, when those tenants could not afford legal aid?
Is the hon. and learned Member for Gillingham entitled to Say of a Member of this House that he is corrupt?
Is it not necessary to have two persons to a bargain which is corrupt, and, consequently, both a Member of this House and a Judge have been accused of corruption. I submit that that expression ought to be withdrawn.
I did not understand the hon. and learned Member to make any accusation of personal corruption against the Judge or against the hon. Member for Dartford. I gathered that he thought, from the speech which had just been delivered, that there was some undesirable method of judicial proceeding. If there was any real accusation of personal corruption, then it would be out of order.
I will make it quite clear that I withdraw everything I said, but I will make this statement, that a more improper practice, in my judgment, it is impossible to conceive. I cannot conceive anything more likely to influence votes in a district than that an hon. Member should communicate with a County Court Judge in regard to certain judgments respecting classes of cases which he thought were harsh, or in respect to which he gave reasons why he thought they were wrong, and that he was invited by the Judge to sit upon the bench, not to take any part in the judicial proceedings, but to be present there on the bench when cases were being adjudicated upon. Can it be doubted that that would get to be known in the district? Would he not have written a letter to say that he called attention to these cases, and that he had been sitting with the County Court Judge, and would not the impression be given that, because of that, these decisions would not occur again? In my judgment, it is most undesirable, and perhaps that will not occur again.
I think the speech of the hon. Member was misconceived. If it is the intention of His Majesty's Government to deal with boards of guardians because some of them are niggardly or not sufficiently generous in that which they yield by way of Poor Law relief, that is a matter for administration, or if the board have not the power, then it is a matter for an Act of Parliament. It has nothing to do with this Bill. This Bill will not affect the guardians. If they are niggardly in that which they grant, they would say, "In future, the landlords are not getting rent while the man is unemployed, so the tenant can live rent free." How will that assist the boards of guardians in the matter? I did not know that boards of guardians proceeded to allocate so much for rent, clothing and food.
Then you are not fit to be a Member of this House. [HON. MEMBERS: "Withdraw!"]
Do not ask him to withdraw. I am grateful that that remark has come from the lips of the hon. Member.
I mean it.
And I am grateful. I do not want the hon. Member to withdraw what he has said; I regard it as a compliment. The guardians allocate, generally, a sum having regard to all considerations. I will now deal with the Bill. This Bill introduces a principle never yet heard of in Parliament. I regret that the right hon. Member for Paisley (Mr. Asquith) did not go a bit further. I am grateful to him for what he did, but why did he not move the rejection of the Bill? This partnership must cease; it cannot go on. You have had the Poplar case and now you have this Bill. The Minister of Health said words to this effect, "This is not the full measure of what we would like to give if we had the power." That is about the truth of it. We cannot on this side of the House agree with that principle, and I should think the Liberal party cannot agree with it, and it would be far better to have the fight now and have it out. The right hon. Member for Spen Valley (Sir J. Simon) has given an answer to the hon. Member for Bridgeton (Mr. Maxton) and others. He said what answer would be given in the country if this is fought to an issue.
The Minister of Health has introduced this Bill with his eyes open and he knows that no provision for compensation of any sort or kind is given for the landlord, and that the tenant is to be settled on the landlord if he cannot pay rent because he is unemployed. In other words, he is given a dole in addition to the relief given by the Poor Law guardians, and the landlord is to receive nothing in the way of rent. When all that is done by the Minister of Health with his eyes open, I maintain that we ought to kill this Bill on Second Reading. There is nothing in the Bill when you get rid of Clause 1. It is said that there is something in Clause 2, but that is a matter that could be very easily dealt with. We ought to kill this Bill, having regard to the prefatory statement of the Minister of Health to which I have referred.
If there be one urgent problem to-day it is the problem of housing the people. Can you expect that private enterprise is going to supply houses under these circumstances? It has been pointed out that the Housing Bill, which we are told is to do such wonders, has not yet been introduced. The Housing Act which the right hon. Member for Ladywood (Mr. N. Chamberlain) introduced last year is working, but the greatest part of the work has been done by private enterprise. If now we put before the House a Bill which says that under certain circumstances the landlord is to receive no rent. and that he cannot take steps to recover his property, can we hope that the building of houses will progress? This is not merely a question of unemployment. It is a very important issue. What is involved is a principle which, if you once allow it to be adopted in regard to unemployment, can be extended to every other case, illness, or anything you like. An attack here is made directly upon the owner of one form of property, and that attack is made upon him unfairly. His position is not met in any way by the State. If his position had been met by the State there would have had to be a proposal for a Money Resolution. It is my sincere hope that the party to which I belong, whatever may be done as to Clause 1, having regard to the principle that this Bill introduces, will vote against it and try to reject it in toto.
I rise with a good deal of diffidence to address the House for the first time, because, though my colleagues who sit around me have taken a very definite view, I shall find it very hard to vote against the Bill. If I had not heard the speech of the hon. Member for Dartford, and if I had not realised that it was only a piece of window-dressing to insert Clause 1, and that the Government would be quite satisfied if they carried the Bill by abandoning Clause 1—from the speech of the hon. Member I gathered that they did intend to abandon Clause 1—there would be very little in the Bill to discuss. It is unfair on the part of right hon. Members opposite to charge the Government with having introduced this Bill on prejudice. If there is prejudice on the part of the Government against the landlord, it is equally obvious that there is some prejudice on the other side against the people who are being evicted from their houses. There has never been any attempt during the time hon. and right hon. Members opposite were in office to solve this problem. Every speech which has come from the other side this evening has been wholly destructive, and not one single constructive idea has been advanced. On the other hand, I think it is utterly unfair on the part of the Minister of Health and the Government to expect that the landlord should pay what the Poor Law ought to pay to the man who is out of work and who cannot find work and means with which to pay his rent.
If our Socialist friends had the courage of their convictions and had come down to the House with a Measure for complete maintenance, they might have found a good deal more sympathy from some hon. Members who sit on this side of the Gangway. They have come down with a Measure which penalises one section of the community only. I am no friend of the landlord, in the ordinary sense of the word. I have yet to meet a landlord who is utterly down-at-heel. In my experience, the landlords, as a rule, are very well able to look after themselves, and in my experience the Courts, and my experience is a reasonably general one, I have invariably found that the tenant very rarely comes out on top in these housing matters.
I think that it is useless to bring in the question of unemployment in this matter of housing. These men and women who are unable to find housing accommodation are just as much war wrecks as the disabled soldier or the orphan children of the dead soldier, and I submit that we have towards these people the obvious duty of finding housing accommodation for them. I suggest that a constructive policy might help a great deal in getting a solution so far as this Bill is concerned, if it came from the other side of the House or from the benches in which I sit. The Labour Government, in any event, have made an honest attempt to try to settle this housing question, and no other attempt of the same sort has been made by either of the other parties. On the other hand, I submit that a Socialist party, returned as this Government was returned, with a complete Socialist programme, ought to come to this House with a complete cargo of their Socialist convictions tabled, with a complete Socialist remedy for the whole position, and ought not to endeavour to adopt Socialism by instalment as they are doing under this Bill.
I do not believe anything that has been said on the other side with regard to the social position of the man who owns house property. My experience is that the people who own houses do not, after all, belong to the working class. There is no use in beating about the bush. I think that not more than 5 or 10 per cent. of the property owners of this country belong to the working classes. In any event it is a new idea to find sympathy for working-class property owners coming from the other side of the House. I shall find it very hard to vote against this Bill. For that reason I appeal to the Minister of Health to withdraw Clause 1 and let the Bill go through with the remaining Clauses. I will not go so far as to say that I will attack Labour if it does not decide to take that view. I come from a constituency where the housing question is very acute and people are being evicted daily. They cannot find work in most cases, and they have no place to which to go. I appeal to the Minister of Labour to withdraw Clause 1 and leave us in a position to vote for the Bill.
On a point of Order, may I put a question to the hon. Member? Would he say what is the proportion of evictions in the constituency which he represents?
Major Colfox.
On a point of Order. I want to know what is the rotation of speakers. I have been sitting here since four o'clock endeavouring to get into this Debate, and I find Members strolling in and being called on. I find that an hon. Member opposite is called; then we have a maiden speech, and then another hon. Member is called on the other side. What is the arrangement by which the Debate is to go on?
I am quite unable to delegate my duties to any hon. Members.
I am not attempting to have your duties delegated. I am asking a question as to how the matter is arranged. When I spoke to you, you said that I should be called on immediately after the maiden speech was delivered from the Liberal benches.
The hon. Member misunderstood me if he thought that I said anything of the kind. I said that I would endeavour to see him as soon as possible.
On a point of Order. The exact words used by you were—
Hon. Members frequently come to consult me when I have to keep at least one eye on the House. I cannot allow any reference of that kind to be made.
I congratulate the hon. Member for Lancaster (Mr. J. O'Neill) on the great fluency of his maiden speech, but I cannot, I fear, congratulate him so heartily on the matter which was contained in it. I rose chiefly in order to ask the Government, or whoever is at the moment leading the House, a definite question as to what is to be the attitude of the Government towards this particular Bill. Suppose the Division goes against this Bill, will the Prime Minister consider that this is a matter of principle or a matter of detail? Will he consider an adverse vote upon this question sufficient to cause his Government to resign or not? I ask that because to my mind this Bill embodies a very considerable matter of principle in that it reverses entirely what has always been the accepted principle, and produces the idea that one particular section of the community should be called upon to provide at any rate a portion of that loss which is entailed by the unemployment of this country. The hon. Member for Dartford (Mr. Mills) who, to use his own words, has beat a strategic retreat, made a speech which, if I may be allowed to express my own opinion, referred not to the Bill under discussion but to a hypothetical impossible Bill which would embody within it the provision that boards of guardians shall be responsible for paying the rent of unemployed men. That has nothing to do with the provisions of the Bill under discussion. The only way in which boards of guardians might be affected is that those who are at present making an allowance to compensate unemployed men for the rent which they have to pay would, in many cases, stop paying that allowance if they knew that by so doing they would not render these unemployed men liable to be ejected from their homes.
The hon. Member for Dartford also made a suggestion that the Government might be prepared to abandon the first Clause of the Bill and to stick only by the second Clause. Although he is absent I would like to suggest that he is in no sense competent to speak on behalf of the Government on this or any other matter. The hon. Member said that what was required was Clause 2 of the Bill, and he also referred to a clause in the other Rent Restrictions Bill, which is at present upstairs, which is concerned with the payment of rent in relation to the question of rates, and he said that that was a clause which was also much needed in the country. Every Member knows that if those two clauses, Clause 2 of this Bill and the clause referred to in the other Bill, and they alone, were embodied in another Bill to be introduced into this House that Bill would go through immediately and without any opposition. If hon. Members opposite say that those two Clauses are wanted and are urgent, all they have to do is to put these Clauses into a new Bill and they will have no Opposition from any quarter of this House. If their protestations have anything real in them, if they really wish to do anything to assist in the solution of this problem, that is the course which they will adopt, and it is a completely dishonest procedure to say that the problem is being prolonged and made more difficult by the opposition to this Bill. I therefore ask these two specific questions of the Government. Does the Government intend to proceed with Clause 1 of the Bill, thereby running the grave risk of being defeated this evening, and if and when that defeat takes place, what will be the attitude of the Prime Minister and his colleagues on the matter? Will they consider this a point of principle or a point of detail? In my opinion, the Bill as it stands is most obnoxious and objectionable, and should be opposed by every Parliamentary means that is possible.
The general agreement in which this House finds itself with regard to the Clauses of this Bill, other than Clause 1, makes it unnecessary for a Labour Member to say anything in support of them. We have had speeches from the other side of the House, and also speeches from below the Gangway, to the effect that if the Labour Government will only drop Clause 1 this Bill will go through the House by what is practically unanimous agreement. I want to know if the Labour Government does withdraw Clause 1 what hon. Members intend to put in its place, because I for one do not wish to see the Bill defeated? It is going to give a great deal of protection to a large number of people who require that protection very badly. At the same time, Clause 1 also gives protection to a very large number of unfortunate people who, if it is deleted from the Bill, will be left without protection. I wish to know exactly what Members of this House, who have been throwing bouquets at the Labour Government regarding the other Sections of this Bill; think they ought to do with regard to Clause 1?
We have had hon. and right hon. Members below the Gangway telling us that this is not a burden which ought to be borne by any locality, and that it is placing a burden upon localities who are going to continue the method of getting boards of guardians to give an additional allowance in order to meet the rents of the houses in which unemployed people are living, and we have had no less a Member than the right hon. Gentleman the Member for Spen Valley (Sir J. Simon) speaking about the community interest. I wish to ask hon. Members below the Gangway this question. If the Minister of Health withdraws Clause 1, and brings in a short Bill—and I put this question also to hon. Members opposite, some of whom have expressed themselves in similar terms—placing the burden of meeting the landlord's rent where the tenant is unemployed, not upon the rates of the local authorities, but upon the National Exchequer, will they support it then as an agreed Measure? There is silence from that quarter of the House. [An HON. MEMBER: "Wait and see!"] "Wait and see" died in Fifeshire, and had to be resurrected in Paisley. If they cannot give us a reply as to what their intentions are if the Labour Government are prepared to withdraw this Clause, and bring it in in the form I am suggesting, which their own speakers said they would accept—if they cannot give that promise here to-night, I hope the Labour Ministry will accept whatever this House decides upon to-night, and then place the blame for delaying the whole question not, as the right hon. Member for Spen Valley says, upon the Labour Government, but upon the men who say they will do one thing, and, when put to the test, go back on their word.
May I ask if the hon. Gentleman is authorised to make an offer; and, secondly, will he tell us exactly what the offer is?
The hon. Member for Bodmin (Mr. Foot) is very interested in what I am prepared to offer. He was not so keenly interested, when Members of his own party were making speeches, whether their leaders gave them authority to make offers to the Labour Government. My answer is the same. If I were Prime Minister I might give the hon. Gentleman an answer. If I were leader of his own party, I might give him an answer—probably; but the answer from his own party to-day might differ from the answer of yesterday. I hope the Labour Government do not intend to withdraw Clause 1, unless they are going to receive those guarantees from the two other parties in this House. [An HON. MEMBER: "One party is enough."] I understand that Members on the other side have also stated their agreement with the proposal I have just outlined. No party could claim any advantage if all sections of the House agreed to this, and I think I speak not only for the Labour party, but for every Member, irrespective of party, when I say no one has any desire to see any family evicted throughout the country for causes over which they have no control. Clause 1 safeguards these unemployed people. I do not want to see these people left without protection. That is why I have put the question to the other two parties in the House.
Some Members have expressed the opinion that there are not so many evictions going on to-day as there actually are, and they have been challenging the Minister of Health and his assistant to give figures. I can speak for that part of the country from which I come, and I know that in Glasgow the applications for ejectment orders at two Courts which were held each week, on Tuesdays and on Thursdays, numbered 300 a day, and so numerous became the demands of house-owners to have ejectment orders granted, that there has had to be an extra sitting of the Court on Fridays as well. What does it mean for these people? Although the ejectment orders are not put into operation and those people evicted, it puts the people who are living in these houses in such a state of distress that they pawn the little bits of furniture they have, and the extra clothing they possess, in order to get sufficient money to meet the rent asked for by the factor or the house-owner. I do not want the Government to run away merely because they have been threatened by joint action on the part of Tories or Liberals. If we are not going to have from the two other parties some understanding as to what they are prepared to do in assisting us to protect the unemployed workers who are threatened with eviction, then I say to the Labour Ministry: "Go on with it. Take the defeat, if we are defeated, and go to the country." The right hon. Member for Paisley (Mr. Asquith) will not be returned, and there are Members on the other side who will not come back. [An HON. MEMBER: "You will not!"] I will. I will increase my majority, as I did even when you sent your leaders to oppose me. We can come back to this House after an election and vote upon a question of this kind with a majority that will enable us to put the whole of this Bill into operation.
I can say at once, on behalf of the Government, that there is not the slightest intention of receding in any way from the object aimed at by this Bill. That object is to secure in his home, such as it is, the poor workman who, being unemployed, is unable to pay his rent. This is an occasion on which a human test is being set to the House of Commons, and it is for the Members present to determine whether they shall pass it or not. I believe the House will pass it. If I were asked to summarise in a sentence the criticism which has been levelled against this Bill, it would be to say that the House has told us that we propose to do a just thing in an unjust way. So the House has told us. In answer, I say to the House that the workman, unemployed through no fault of his own, being punished on that account very severely indeed, is suffering cruel and intolerable hardships, and that he has a right to come to this House and ask that his shelter shall not be taken from him.
Though the Debate has not been without its patches of warmth, a good deal of common ground has been revealed in the speeches which have been delivered, but I think that many who have addressed themselves to this subject have failed to observe the very real safeguard of property interests in the last few lines of Clause 1. Those few lines would leave, of course, to the Courts who are the proper bodies to apportion and judge on the facts, the issue whether there would be greater hardship on a house-owner in not having his rent than there would be hardship to the tenant in not having his house. House of Commons discussion would be futile, and often would be no more than a mockery if on such great occasions as this—great as affecting the life factor of these people, not large in number, but not less entitled, on that account, to a full consideration of all that this House can fairly do—it be our wish to secure a point in debate, or on platforms in the country or to be able to indulge in a jibe. It is our object to secure in his house by law a man who, through unemployment, is not able to pay his rent. Will the House assist us in that object? Are these utterances of sympathy genuine and real with a man in that distress? If so, we shall eagerly accept the co-operation which, in terms, the House has offered. The right hon. Member for Paisley having clearly expressed his reasons for objecting to the terms of Clause 1 of this Bill, went on to say:
On a point of Order. The right hon. Gentleman has just announced the intention of the Government to insert a new Clause casting the burden of any restriction on the right of possession, not upon the landlords but upon public funds. The joint I wish to submit to you, Sir, is whether such a substituted Clause could be inserted within the terms of this Bill?
8.0 P.M.
It is difficult to deal with a Clause that I have not seen, but, so far as I can gather the proposal, there would seem to be considerable doubt as to whether that could be done in this Bill. My present view is that it would require a separate Bill to do what the Government have suggested.
Would it not require a Money Resolution, which would be necessary previously to the introduction of the Bill?
It certainly would require a Money Resolution to validate the Clause, but even then it might not be possible to include it within the title of this Bill.
The right hon. Gentleman the Deputy-Leader of the House has given a fresh turn to the Debate which has taken place this afternoon. The Debate has raised a great question of principle, which both the Liberal party and we on this side of the House regard as a vital principle. The Deputy-Leader of the House comes into the House at 8 o'clock, when we are expecting a Division at 8.15, and quite frankly admits that he is prepared to withdraw that portion of the Clause which imposes on a particular section of the community, namely, the landlords, the responsibility of paying this money to keep these unfortunate people, with whom we on this side have as much sympathy as any hon. Members on the other side, in the possession of their homes. I submit to the House that it is quite impossible for the Government to come and ask, as the right hon. Gentleman does, for the co-operation of the House on a new Clause. We are not the Government, they are the Government. Members of the Government are responsible, and it is their duty and responsibility to put a Bill before the House and abide by the Clauses of that Bill. The Minister of Health opened this Debate in an entirely different spirit to that in which the Deputy Leader of the House has spoken. The Minister of Health quite definitely said that this was merely a foretaste of the drastic Socialistic Measures which were to come. He reminded me very much of a well-known character in "Pickwick" who said: "I wants to make your flesh creep."
You have ruled, Mr. Speaker, that in all probability it is impossible to insert into this Bill a Clause fastening upon the public Exchequer the cost of this particular Clause. With the very greatest respect, I am bound to concur and I do concur in that ruling. If the Government will look at the title of their Bill they will see it is
Perhaps my right hon. Friend will allow me at this stage to answer his question. I thought that the general feeling of the House was in favour of the greater part of the Bill. [HON. MEMBERS: "No!" and "Yes!"] I have endeavoured, in respect to Clause 1, to meet the views that have been uttered and the speeches that have been delivered. I have made my position plain. We certainly cannot withdraw the Bill. We know there are difficulties of a technical character, but no technicalities should prevent a man deciding plainly whether he is to walk into the Lobby for a proposal to keep an unemployed man in his house, or against it.
I very much regret the concluding observation of the right hon. Gentleman. There is exactly the same desire to meet the hard cases of these poor people on this and on the other side of the House as there is on the part of the Government. I want to see what the position exactly is. You, Sir, have given your ruling, which I am sure will be upheld. The effect of your ruling is that this Clause cannot be transformed into anything fundamentally different in principle to what it is at the present time. If something is to be substituted for this Clause, it must be by means of a new Bill founded on a Money Resolution. It is perfectly idle to treat this Clause as though it were capable of being licked into shape in this Bill. I must therefore repeat what I said at an earlier stage of the sitting, that unless the Government can give us an undertaking that this Clause will cease to be part of the Bill and will be deleted from it, it will be impossible for those of us in this part of the House to support the Second Reading.
I used the word "substitution." Sir W. JOYNSON-HICKS: Does the right hon. Gentleman here and now definitely withdraw Clause 1?
Clearly I offered to substitute for Clause 1 another Clause.
The right hon. Gentleman, I think, scarcely sees the difficulty in which he is placed. He has offered to substitute another Clause. That cannot be done under the Rules of the House. He can produce that other Clause in a separate Bill, but he cannot substitute it. That being so, and he being unable under the Rules of the House to carry out his original intention, we want before we divide a clear answer to the question: Is Clause 1 dropped or is it not? If Clause 1 is not dropped we are exactly where we were at four o'clock this afternoon.
I spoke not of the terms of Clause 1 as they are, but of its object. I only add that the Government will endeavour to overcome such technical difficulties as there are, and that the Government's attitude at the moment is that the issue before the House is whether the House is favourable to providing means whereby the unemployed workman shall be sheltered in his home. Stripped of technicalities, that is the issue.
I am afraid that the Deputy-Leader of the House does not yet understand the position. The point is that this is a hastily drafted Bill. The possibility of amending it is not understood on the Front Bench opposite. The sole question dividing the House at this moment is the question of the existence of Clause 1 in its present form. It is perfectly impossible to amend Clause 1 in this Bill in the direction in which the right hon. Gentleman wishes to amend it. It is not a question of sympathy or absence of sympathy; it is a question of what is possible. Clause 1 should be presented as a separate Bill, and, unless Clause 1 is got out of the way, the road will not be clear to effect what is the general desire of the House.
I have indicated that, so far as there are technical difficulties in the way, we shall adopt the course essential to meet them, but the issue before the House is whether the House is to afford shelter to unemployed workmen.
Will the right hon. Gentleman answer "yes" or "no"? Is Clause 1 dropped, or is it not?
Right hon. Gentlemen opposite can choose their own terms for putting their questions, and they must allow me to choose my own terms in answering.
Obviously, hon. Members in all parts of the House are under great difficulties at the present moment in relation to the present Bill. The Government have made an offer, with a view to obtain the assent of the House to the Second Reading of the Bill. Efforts have been made to ascertain the exact meaning of that offer. [HON. MEMBERS: "Divide!"] In the second place, we are in the difficulty of not knowing whether the proposal which the Government intend to make is one which can be carried out within the Title of this Bill.
It being a Quarter past Eight of the Clock, further Proceeding was postponed, without Question put, pursuant to Standing Order No. 4.
Capital Levy
I beg to move,
The question of a Capital Levy first became prominent in November 1917, when a Labour deputation, under the leadership of the present President of the Board of Trade, went to Mr. Bonar Law. Mr. Bonar Law professed an open mind on the subject, and he pointed out what was quite obvious, that it was not necessarily confiscation; it necessarily depended on the terms of the levy. What was the position? The end of the War was not in sight, and at that time it might well have proved necessary to have a Capital Levy as the only alternative to repudiation of debt on the part of a country on the verge of bankruptcy. There was much to be said in favour of making an effort to pay off debt while the pound, in which that debt had been contracted, was still cheap. But there is nothing to be said in favour of paying off debt by these very extreme measures in days when deflation has made the pound dear again. After the War a Select Committee was set up to inquire into war wealth, and that Committee reported that no sum approaching £1,000,000,000 could be raised by a levy on the increases of wealth which had taken place during the War, and that £500,000,000 was the maximum which could be reached, and that subject to such conditions and spread over such a period of time as caused the Coalition Government to decide that it was more profitable to them to keep on Excess Profits Duty at a higher rate, and in that way to levy a tax on war fortunes, than to have a special tax on capital.
That proposal was definitely to deal with war wealth. But meanwhile the Liberal party have been active. The right hon. Member for Tiverton (Mr Acland), a former Financial Secretary to the Treasury, moved the only Resolution which has ever been discussed in this House in favour of the Capital Levy. On the Finance Bill he moved that the House decline to give the Bill a Second Reading, among other reasons because it "failed to deal with the war debt by means of a Capital Levy." At that time he had a great deal of support from the Liberal party. Some of the party's most active Members at the present time were found in the Division Lobby in support of that Amendment. The hon. Member for Penistone (Mr. Pringle) was not in the House at the time, but he supported the Capital Levy by his pen in the Press. The right hon. Member for Tiverton was supported in the Lobby by the hon. and gallant Member for Leith Burghs (Captain W. Benn), the hon. Member for East Edinburgh (Mr. Hogge), and the hon. and gallant Member for Central Hull (Lieut.-Commander Kenworthy). Since then the Liberal party have kept up their support of the Capital Levy, because another ex-Financial Secretary to the Treasury, the right hon Gentleman who now represents Rusholme (Mr. Masterman), who, at that time, was not in this House, as lately as a few months ago, in the columns of the "Times," wrote three very detailed letters in favour of the proposal.
Therefore, the young guard of the Liberal party until quite recently were in favour of the Capital Levy. [HON. MEMBERS: "What about the Conservative party?"] The Conservative party never committed themselves to the Capital Levy. I have mentioned that during the War, when the end was not in sight, a Conservative Chancellor of the Exchequer professed an open mind on the subject, but no Conservative ever voted for this Measure or committed himself to it. Anyhow, I am quite prepared to admit, and, indeed. I base my case on that fact, that the Liberal leaders now have thrown over the Capital Levy. Perhaps I may quote what was said by the right hon. Member for Paisley (Mr. Asquith) at the last Election: of capital was that they should raid it and distribute it for consumption and so bring the nation to bankruptcy. After all, I do not know why he should blame people for having accepted at their face value the statements of the Labour party before the Election, and the very fact of the right hon. hon. Gentleman having dealt with this matter with such indignation, shows the necessity at the present time of having it cleared up.
As a matter of fact, the Labour party are still propagating this doctrine by means of leaflets, I sent down last week for the leaflets which are now being issued, and I have a bundle of them here on the Capital Levy. [HON. MEMBERS: "Hear, hear."] I am interested to notice that the Labour party stick to their convictions. We have here "Joe's Talks on the Capital Levy" and "What is a Capital Levy?" I will not waste time in reading them. [HON. MEMBERS: "Read them."] I have no doubt I shall hear all these arguments from the Labour party. The most mischievous of all these pamphlets is that which is entitled "A Capital Levy," by the hon. Member for West Leicester (Mr. Pethick-Lawrence). In recent years we have seen a good deal of misleading election literature, but I have rarely seen anything to touch this. It has been reprinted since the Election. It refers to certain facts in January of this year. On page 5, I find a statement to the effect, that if a Capital Levy be imposed, it will be possible to abolish the taxes on food, to reduce the postal charges, the taxes on tobacco, and the Income Tax, and also that there will be money available for social expenditure on such objects as setting the unemployed to work, housing, public health, education, and mothers' pensions—a very comprehensive programme to be built on a comparatively narrow foundation.
I say this pamphlet is misleading, because it does not contain a word as to the loss of revenue which is inseparable from a Capital Levy. Sir Josiah Stamp has told us that the saving in interest which will be brought about by a Capital Levy is about £142,000,000, but that you must set against it an automatic loss in Death Duties, Super-tax and Income Tax of about £98,000,000. Therefore, you get a net gain of £44,000,000, which is about equivalent to ninepence in the £ of Income Tax. What are we going to get out of this £44,000,000? We are going to sweep away all the taxes on food—which alone amount to £55,000,000 per year. We are going to reduce the taxes on tobacco. They amount to £54,000,000. I do not know what the hon. Member for West Leicester proposes as the proportion, but let us say one-half; that is another £27,000,000. He is also going to reduce the Income Tax. The Income Tax this year has brought in £270,000,000. Let us assume he is going to decrease it by one-tenth—a very small amount which will cause considerable disappointment after these roseate accounts of what are to be the results of a Capital Levy. There we get a total of £100,000,000 in remission of taxation, and on the other side we are going to have great expenditure on social objects. We are going to set the unemployed to work, build new houses, and deal with public health, education, and mothers' pensions. I suppose all that will cost about £100,000,000. So that with £44,000,000 the hon. Member is going to balance a sum of about four or five times that amount involved in remission of taxation and increase of expenditure. I feel a little anxious in dealing with these calculations of the hon. Member for West Leicester. I know he is a very distinguished mathematician, by far the most distinguished mathematician whom we can number among the Members of this House. He is a Wrangler—
Wangler!
—a Smith's prizeman, and one who swept everything before him at Cambridge University. When I read his pamphlet, I remembered how I used to console myself in my youth for my inability to understand the higher mathematics by finding that some of my instructors who were most at home in the abstract realm of the higher mathematics, were most at sea when they dealt with the ordinary rules of arithmetic. When the Capital Levy was brought forward by the Labour party it was a perfectly genuine, though I think a mistaken fiscal proposal. In "Labour and the New Social Order," which was adopted by the Labour party at the beginning of 1918, we found that the Capital Levy was to start on fortunes of £1,000. Now the lower limit is put up to fortunes of £5,000. Is it because with a limit of £1,000 too many of the supporters of the Labour party would have been affected? The original proposal was based on the fallacy that great wealth had been made in the War. Looking at the matter five years afterwards, and in its proper perspective, we see that view was due to an illusion. It was due to the fact that people did not realise the effect of depreciated currency. If we are to take values in an inflated currency as a measure of wealth, we are reduced to the absurdity of finding Russia the richest country in the world.
My Resolution emphasises only one aspect of the Capital Levy, but it emphasises what I believe would be its most disastrous result. I have picked that out of all the other difficulties of the Capital Levy, because I believe that, although the Labour party are now so reticent as to that cure for unemployment of which they possess the sole prescription, they may still feel some of that concern for the unemployed which they professed before the Election. I want to know whether the Labour party still believe that a Capital Levy is going to cure unemployment. The Prime Minister—I could quote two of his speeches—says that the Capital Levy, in his opinion, would reduce unemployment, but the Home Secretary and the Colonial Secretary have both taken care to dissociate themselves from that view and to say that the Labour party never brought it forward as a cure for unemployment. [HON. MEMBERS: "Hear, hear!"] May I say, in answer to those cheers, that those commentators who took the gospel of the Labour party seriously may be excused for having thought that the Capital Levy was, in the opinion of the Labour party, to cure unemployment. We have been told in the Labour manifesto that unemployment is inseparable from capitalism. [HON. MEMBERS: "Hear, hear!"] Evidently the Labour party still accept that view. We have been told, also, that capitalism is to be cured by public ownership and the democratic control of industry. For that we have the authority, last year, of the present Chancellor of the Exchequer. The Capital Levy is to advance nationalisation. We are told by the hon. Member for West Leicester, in this official pamphlet of the Labour party, that under the Capital Levy—it is on page 7—the State will acquire the ownership of land, railways, mines, banks, insurance, and shipping. Therefore, the Capital Levy will hasten the day when the industries of this country are managed by the President of the Board of Trade, and when unemployment will, therefore, cease to exist! I think, in these circumstances, it is a little unreasonable of right hon. Gentlemen opposite to cavil at the conclusion, which the country has reached, that the Capital Levy is to cure unemployment.
Our view, on this side, is perfectly definite, that Socialism would be disastrous to employment, and that the Capital Levy, which is proposed as a sort of preliminary bombardment to the main attack, must throw out of employment incalculable numbers of those at present working by narrowing the operations of industry. We are told that joint stock companies will not pay the Capital Levy, but only their shareholders. What about private businesses? Surely when they are faced with a demand to pay large sums in Capital Levy, they can meet them only by restricting their turnover, by cutting down their stocks, and by throwing their workmen out of employment. The figures in these various pamphlets about the Capital Levy, of £3,000,000,000, are, I believe, only realisable, if at all, by assuming that you can put human society under an anæsthetic and that you can avoid all moral and all panic effects. The Levy would strike a deadly blow at credit. It would remove two chief factors in the stability of values, namely, confidence and demand. You cannot have employment without capital being steadily renewed. This Levy would not only destroy it, but it would discourage people to rebuild exhausted capital by investment. Who would have confidence to save, to invest, or to employ labour when arbitrary destruction of savings had punished the industrious and exalted the improvident? Where will you find willing buyers when owners of less marketable forms of wealth are simultaneously forced to realise? After all, the programme of the Labour party—
From what is the right hon. Member quoting?
I am arguing my case.
I thought the right hon. Gentleman was reading it.
Where will you find willing buyers when the owners of securities are forced to realise? I base that on the fact that in the pamphlet of the hon. Member for West Leicester it is laid down that only selected investments will be taken over toy the State, and, therefore, surely I am justified in saying that the owners of the less marketable securities will be driven on to the market. If you shatter values in this way, you must cause those who have to pay the levy to realise much more of their wealth than the nominal percentage of tax would appear to indicate. Take an estate of £1,000,000, on which a little over a half is to be levied. If the estate is to be assessed on values ruling before depreciation takes place, assuming that depreciation, as it well might, to amount to 50 per cent. of the value, the liquidation of the whole estate will not suffice to pay the levy. Alternatively, if estates are to be assessed only on the proportion which the assets realised bear to the whole estate, the estimate of £3,000,000,000 as the fruit of the levy is even more wildly inaccurate and misleading than I have suggested.
Let me put it in this way. In view of the inevitable depreciation of values, to realise anything approaching the estimate of £3,000,000,000 the percentages suggested at the top of the scale are wholly illusory and could only be realised by complete confiscation. Think of what would be the result on employment of winding up estates to that extent. Think of what would happen in the luxury employments. Think of how many gardeners, how many motor drivers, how many servants would be thrown out of employment. Think of how many of the racing stables of Newmarket would be closed. [ Laughter. ] I am interested to see that the hon. Members of the Labour party think the racing stables of Newmarket are a joke, but, seeing their complete inability to deal with the problem of those already out of work, I think the stable boys of Newmarket can be forgiven for their reluctance to be added to the number of unemployed. The foundation of British taxation has been to tax income rather than capital, to tax the fruit rather than the tree. We tax income because it is cash or money here and now; we avoid taxing capital because it can only be turned to money here and now slowly, with uncertainty and with difficulty. I have no doubt I shall be referred by the Chancellor of the Exchequer or the Financial Secretary—
On a point of Order. Is it in order for the right hon. Member to read his speech?
I gather that the hon. Member does not like my speech. He first objected to my voice because he did not like hearing it, and now he has made another frivolous interruption, but I am not going to be put off my argument.
rose —
I am not going to give way to the hon. Member.
On a point of Order. Is it in order for the right hon. Member to read his speech?
The right hon. Gentleman is only doing what other hon. and right hon. Members standing at those boxes are in the habit of doing.
I have no doubt the Chancellor of the Exchequer will tell me that a Committee has been set up to consider the National Debt and the incidence of existing taxation. May I say that that will be no answer to our case, because, after all, if the Labour party could prejudge the issue before the last election, and knew enough to commit, themselves in detail to the proposals for a Capital Levy, surely they are still able to judge the issue when asked to render an account to the electors and to give the ground on which they will make their appeal at the next Election.
The Labour party up to the present time seem to be trying to make the best of both worlds. In the country, to suitable people, they are preaching a new world of economic dreams based on social hatred and appeals to cupidity. On the other hand, in this House their leaders sometimes appear to be moving towards another world, to be accepting private enterprise and to be recognising that not only labour, but also organised capital, are necessary for the carrying on of industry. To-night, in the interests of straight dealing, in the interests of an honest issue at the Election, I ask them to sweep away all these inconsistencies and to make clear their position.
I beg to move to leave out the words
May I say in advance that a proposal of this kind in finance, dealing with a distinctly complicated subject, naturally cannot be handled very easily in short words. I suggest that there is no financial operation, however successful—even as I am sure we all hope the proposals of the Chancellor of the Exchequer will be in the recent proposal to convert £200,000,000 of the Debt—that could not be guyed if the whole Press of the country, with one exception, set out to guy them. The right hon. and gallant Gentleman. I think, somewhat minimised the support which the late Mr. Bonar Law at one time gave to this proposal. He suggested that he had said it was something which was open to consideration. As a matter of fact, he used these words:
The Motion which has been moved to-night deals with the question of enterprise and capital. We, who sit on this side of the House, are just as anxious to prosecute and to promote the enterprise of this country as any of those who sit opposite or below the Gangway. We are just as sure that capital is required for industry in its present form as any other Members of the House. But what we do say is that capital is made for man and not man for capital. Consequently, we hold very strongly that in whatever form of ownership capital may be held, it should be used subject to the good of the community. But I must not be led into digressions as to the attitude of the Labour party towards capital. The point I wish to put before the House is this: What is it to-day that is dragging down enterprise, the trade and the business of this country, and what is degrading and reducing the stamina of labour throughout all parts of Britain?
My answer to that is the heavy load of current taxation. We are familiar in this case with the burden of taxation in various forms, and I only want to add to that one point of my own investigation following on those made by the present High Commissioner of Palestine in 1919 with regard to the question of taxation. Following out the method which he carried through, I find that a labourer who is in receipt of £2 a week is paying taxation at the rate of 4s. in the £. I suggest that that is a very serious thing indeed, and one which presses on labour, reduces the standard of life, and is also a serious handicap to the manufacturing enterprise of this country in its competition with the world's market. It is irrelevant to my argument whether that tax falls on the labourer himself or entirely on his employer, or partly between one and the other as is probably the case. Whichever is the result of that burden of taxation it is a very serious injury to this country.
Why is it that this terrific burden of taxation exists to-day? Nobody, in whichever part of the House he sits, can deny that it is mainly due to the enormous National Debt, in consequence of which there is every year withdrawn from the productivity of labour and industry an immense sum running into something like £1,000,000 a day, which is transferred in favour of those who own the accumulated wealth of this country. That is highly inimical to enterprise, and to the industries of this country. The right hon. Gentleman who has moved this Resolution has scoffed at us on this side because we have fixed the exemption limit for the Capital Levy at £5,000. There are two reasons, both of them very good ones, for taking that course. If the Mover of this Resolution has studied the proposals put forward by the Board of Inland Revenue when the question of the taxation of war wealth was under review, he will find that it was one of the proposals of that Board that the exemption limit of £5,000 should be taken. I can hardly imagine that the right hon. Gentleman will contend that the Board of Inland Revenue were influenced by electioneering considerations in fixing that amount. The other reason is that £5,000 of capital corresponds roughly to an income of £250 a year, and that amount is for a man with a wife and child, roughly, the exemption limit in the case of the Income Tax. It would be obviously unfair, and would lead to very many back claims for allowance afterwards, if a man whose income was below that Income Tax limit should be subject to a tax on his capital. Those are the two reasons which have decided the Labour party in keeping the limit of £5,000 for the tax on capital.
What happens to a man who gets his income from professional fees?
That point does not arise here, and it has nothing to do with my argument. Possibly that point may arise later as to the fairness of taxation between one class of people and another, but I will deal with that point later on. I was glad to notice that the right hon. Gentleman did not stress the administrative difficulty of this proposal, but as it is quite likely that that point will be taken up later in the Debate, I would remind those who are likely to take that view that the Committee on War Wealth, in its Report, made this statement with regard to a tax on war wealth: Revenue, and any discrepancies would have to be met.
9.0 P.M.
Then as to the question of payment. Here I think it was that the right hon. Gentleman repeated many of the fallacies which have been put forward in the country. He seemed to think that this matter of payment would present insuperable difficulties. Let us understand what methods of payment are open to a man who is subjected to a levy on capital. In the first place, he will be able to hand over at his option good securities, taking the form, for the most part, of Government securities.
Supposing that he is overdrawn?
In the first place, it will be open to those who hold war securities to pay them, and those who hold other valuable securities can pay in that form. Those who do not wish to pay in that way will be able to pay in cash. [ Laughter. ] I am pleased to see that hon. Members take that as a matter of jest, because it is due to the fact that they have never really considered this transaction in its entirety. It is easy, if you look at half a transaction, to think that there is a catch in it somewhere, but when you see the question right through that catch disappears. Supposing a taxpayer decided that he prefers to pay his levy in cash, and he has certain securities and other valuables which he proposes to sell for that purpose. Opponents suggest that under those circumstances everybody will be a seller and nobody will be a buyer, and in consequence of that everything will depreciate. What are the facts? Supposing one man decides to sell his property, and supposing he realises cash, say £1,000, for what he sells, what happens to that £1,000? The man who is paying the levy pays it over to the Government. What does the Government do? It goes to a man who holds War Loan and buys him out, takes the War Loan and cancels it. The other man holds £1,000 in cash, and what does he do with it?
Takes it out of the country, if he is wise.
The hon. Gentleman who interrupted me, or, say, some other man having £1,000, will naturally seek to invest it, and he will come into the market as an investor for exactly the same amount for which the first man was a seller. Therefore, the transactions of buyers and sellers will be exactly the same in amount. The only thing that will happen will be that there will be a certain interval of time between the two transactions. It is quite true that, if everyone were called upon to pay the levy on capital in cash at the same hour on the same day, it would probably present a difficulty. Precisely the same difficulty would arise—and I am sure both the present Chancellor of the Exchequer and the right hon. Gentleman who was Chancellor in the late Government will bear me out in this—if everyone were compelled to pay the Income Tax in cash at the same hour on the same day. It does not arise because these payments are not all made at the same time, but are extended over a certain period.
What happens in the case of a man whose sole wealth is in land?
I will deal with that presently. There are a great many owners of property who would not be able to pay their share of the Levy in either of the two ways I have suggested. Some of them would be owners of land, and others—a most important class—would be those who have their money in their own private business which is not a company. An hon. Member suggests a shop. They would comprise those who have shops or private businesses in which their money is invested. It is perfectly true that, if these people were called upon either to hand over securities, which they do not possess, or to pay over a large lump sum in cash, an almost insuperable difficulty would arise; but, in consequence of that, these people will have a third method of paying the levy, namely, by instalments spread over a considerable number of years. [ Interruption. ] It is suggested by those who interrupt that that would do away with any advantage attaching to a levy, and the suggestion which I imagine they make is that the great bulk of the levy will, therefore, be converted into the equivalent of an Income Tax. I think that those who take that view are not aware of the figures showing the proportionate wealth held by men who have their money in their own businesses, as compared with the total wealth of the country. Less than 9 per cent. of the total wealth of the country is held by persons having their money all wrapped up in their own individual businesses or partnerships. There is, in addition to that 9 per cent., about 6 per cent. of the wealth of the country which is held in private companies, making 15 per cent. altogether. But it must be remembered that a great proportion of those people are people who could pay the levy apart from their own business. I could give chapter and verse for these figures, but it would take up a great deal of the time of the House. It is all contained in the statements made by the Board of Inland Revenue when they presented their Report to the Committee on War Wealth to which I have already referred.
It will be found that something like 60 per cent. of those who have their money in private businesses have not, as is generally assumed, an overdraft at their bank, but that a very large proportion of them have other money from which they could pay the levy. It is quite true that there will be a proportion, but considerably less than the 9 per cent. of private businesses and the 6 per cent. of private companies, who might be expected to pay by instalments. The method of instalments, therefore, does meet their case; and it only commutes the levy into an annual payment in a comparatively small proportion of cases. The Board of Inland Revenue computed, with regard to this special levy on war wealth, that 30 per cent. would be paid actually in Government stocks, 30 per cent. would be paid either in cash or in valuable securities, and about 40 per cent. would be paid in instalments.
Are not Government stocks guaranteed for repayment at par?
I do not think that that has anything to do with it. It is perfectly clear that, if a man chooses to surrender his Government stock at the price at which the Government offer to take it, which would be approximately the market value of the day, he cannot afterwards object, because the option lay with him to deal with it as he chose. Let me take the case of the stock which is to be converted. The date when it matures is 1929. A man is entitled to 5 per cent. up to that date, and it is a well-known principle of conversion that, if he elects to accept the offer made by the Chancellor of the Exchequer, and only gets paid 4 per cent., because he chooses himself to alter the contract. [HON. MEMBERS: "4½ per cent. !"] Yes, it is 4½ per cent. [HON. MEMBERS: "That makes a great difference!"] I would ask hon. Gentlemen not to interrupt quite so frequently.
Now I come to a very much larger issue that was raised by the Mover of this Motion. He argued that the result of this levy would be a matter of £42,000,000 or £44,000,000, but there, I think, he is following one authority on this subject, namely, Sir Josiah Stamp, and he is following him in a case where I think Sir Josiah Stamp made a very serious omission, and where his view is not supported by the figures given by the Board of Inland Revenue in the Report to which I am referring. Take a certain scale which has been suggested for the yield of the levy, and which, I think, would bring it to something considerably over £3,000,000,000—probably £3,500,000,000. Let us see what the Board of Inland Revenue have to say with regard to the reduction in yield of taxation against that. In their Report they suggested that a certain levy would bring in £500,000,000, and they were asked to specify how much allowance they would make on the other side owing to the loss of Income Tax, Super-tax and Death Duties. Their estimate was £8,000,000. I think it will be found that, the larger the levy, the smaller proportionately ought to be the reduction, because it is the highest wealth which pays at the largest rate at the present time, and, therefore, as the levy was increased, I think it would be found that there would be a slightly smaller loss to the Revenue.
Is it not just the other way, because you cut into this graduated taxation at the most remunerative part of the scale?
I think it probably cuts both ways, for these reasons. You have to remember that the heaviest part of the loss is in Estate Duty and Super-tax, and those also are graduated, so it is about as broad as it is long. Their figure was £8,000,000 on £500,000,000. At that rate the figure would be £56,000,000 on £3,500,000,000, and my own calculation is that it would lie between £80,000,000 and £90,000,000. I take it a little lower than Sir Josiah Stamp.
Is that a year?
Yes. You cut off, in my opinion, £3,500,000,000 and not £3,000,000,000. Sir Josiah Stamp's figures are not justified unless you take that larger amount.
In how many years?
This is the amount raised altogether by the levy on capital.
Over what period?
So far as the total capital your aim would be £3,500,000,000, and part of that would be paid in a lump sum and part by instalment, the instalments would have a present value which would make the total up to £3,500,000,000. I suggest that the payment of £3,500,000,000 would reduce, the burden of interest on the National Debt by something like £160,000,000 a year. Against that you would get £80,000,000 to £90,000,000 loss in revenue. That, in the first instance, brings you to some figure in the neighbourhood of £70,000,000 of advance. But that is not the whole story. Those who take that figure have forgotten one very salient fact, that you have a Sinking Fund, which last year was £40,000,000, and which according to the Leader of the Opposition ought to come to £50,000,000, which he considered adequate when the whole Debt was to be dealt with. If you cut the Debt into half, obviously you are entitled to cut the Sinking Fund in half. My own view is that you are entitled to go further. If, instead of having an annual reduction of the Debt, you sweep away half the debt at once, for several years you are entitled to suspend the Sinking Fund altogether. [HON. MEMBERS: "Why? "] You are sweeping away half the Debt at once. When you do the big thing, there is no need to do the little thing at the same time. It is perfectly legitimate.
But even if you do not go as far as that, you must admit that it is reasonable to cut the Sinking Fund down by half if you cut the National Debt down by half. In that way you really obtain a saving annually of £95,000,000 to £120,000,000. It was that figure I had in mind when I committed myself to this statement which the right hon. Gentleman has characterised as worthy of a mathematician. I am quite aware that the remission of the food taxes would cost something over £50,000,000. To make any substantial reduction in the Income Tax certainly needs £20,000,000 and perhaps more. What I was contemplating was, first of all, an increase in the allowances and, secondly, a reduction in the rate. £20,000,000 or £30,000,000 I think might go in that form—possibly more. But on other things there is a margin still of £20,000,000, £30,000,000 or £40,000,000 more, which I think would make an instalment in the reforms I have suggested. So that I think my statement is not the outrageous statement which it was represented, but is perfectly justified. What is going to be the effect of this reduction of taxation? In the first place, if you are able to cut away food taxes you are able very much to extend the purchasing power of the working people. The £50,000,000 cut away from the food taxes enables them to have much larger means with which to purchase the staple industries of the country. That is why I think it will give a boom to trade and employment. The right hon. Gentleman has used what is popularly known as the gardener and chauffeur argument. It is true that the effect will be some redistribution of purchasing power, but purchasing power, given into the hands of the working people, is necessarily going to spread employment, more than that which is removed from a certain class who can spend it in large expenses. Then he suggested that the Capital Levy would have the effect of reducing the capital of the country. That is apparently sound, but is really a fallacy, and the fallacy arises from this fact, that the word "capital" is used in two senses in general parlance. For instance, what is the capital of a railway company? You can say it is so many debentures, so many ordinary shares, and so many preference shares. You can say, on the other hand, it represents the great stations in the Metropolis and other parts of the country, the freehold, the rolling stock, and so on. In other words, you can represent it by either side of the company's balance sheet. The effect of the Capital Levy is merely a transference, in so far as it is taken in shares, of the title deeds of wealth. It does not cut down the working capital of the company by a single tool, any more than the sale on the Stock Exchange of 1,000 debentures in the Great. Western Railway takes off a single train. There might be some injury inflicted upon enterprise if you insisted upon a man who had his money in a private business paying it over in a lump sum, but the moment you change the payment into instalments and turn it into an income payment, it makes a considerable difference, because it does not withdraw his power of credit unless you put a lien on his business. It is not necessary to put a lien on his business. [An HON. MEMBER: "That is what you are doing."] Very well, I will deal with that point, only I do not want to take up too much time. The method adopted for payment of the levy would be that a man who elected to pay by instalments would have at least two options—two different ways of doing it. He might consent to have a lien on his business, in which case the instalments would be reckoned at the lowest rate of interest the Government were able to give. If he was unable or unwilling to take that course the Government would forego that lien on his business, but in that case they would have to charge a higher rate of interest in order to form an insurance fund to cover themselves against loss. [An HON. MEMBER: "It would destroy his credit just the same."] It would not destroy his credit, because it would be an annual sum, and against that annual sum he would get relief from taxation, which in a great many cases would more than counter-balance the levy.
It is very often said this plan would be unfair. It is suggested that there are certain people who make large incomes and have no capital and it is unfair that they should be let off. Well, I suppose that all taxation lands on some people who may, for other reasons, appear to be able to pay, but I can imagine the well-to-do man who is a teetotaler and does not pay anything on the beer duty. That is not a reason for not having a beer duty or a duty on any form of alcohol. What you have to show is that the appearance of unfairness in your new proposal is very much less than the unfairness at the present time, and I do suggest to this House that there is a very severe unfairness to-day. You have a great number of men who, either because they took part in the War or for other reasons, have not got any capital. Those who took part in the War came back to find their little businesses ruined. They started building up. They found they were weighted down as they attempted to get things together by the enormous burden of current taxation, a large part of which goes to those who made great profits out of the War. I agree that it would be unfair if we were proposing to transfer all the taxes of the country to accumulated wealth. We are not suggesting anything of the kind. There will be the necessity of paying interest on the remaining half of the Debt, the cost of the pensions of the soldiers, and the whole of the current expenditure of the country. That will still have to fall upon income. It is not unreasonable that this particular charge for discharging half the War Debt should fall upon accumulated wealth.
I would remind hon. Members who sit below the Gangway and who may be carried away by the temptations of the right hon. Gentleman opposite, that perhaps the most eminent economist of the day, whom I do not think Liberal Members will think unfair, Mr. John M. Keynes in a book published since the General Election describes the Capital Levy as "The scientific expedient." He says it has never been tried on a large scale and perhaps never will be, but that it is the rational and deliberate method. He goes on to praise the levy as the only sensible method for dealing with this immense burden of War Debt. I do not believe any section of this House will deny that the existence of this Debt is a great evil. It does represent a considerable drain upon the productive energy of this country. The proceeds are not going out of the country but are going to an apparently small section of the people, many of whom are retired from business. They are going into the pockets of accumulated wealth. They are being withdrawn from the industry of this country. I do not think that will be disputed.
That being so, I put it to those who disagree with the proposal of the Capital Levy, what alternative have they to offer? I am quite sure they will agree with me in having nothing to do with the repudiation of the Debt. I am quite sure that many of them have been converted to the view that no substantial part of the Debt will be got back out of the Central Powers of Europe. There is left only one other proposal as against the Capital Levy, that is the Sinking Fund. The Leader of the Opposition put forward £50,000,000 a year as a suitable Sinking Fund for getting rid of the Debt. How long will it take? You will not get rid of the Debt in the lifetime of any of us here, or until we get to our very remote descendants. It will take over 100 years to get rid of the Debt. The Napoleonic Debt weighed heavily on the shoulders of the people of this country, and was responsible for a great deal of the poverty of the "hungry forties" which the nineteenth century saw. I do suggest that those who oppose this scheme have no suitable and workable alternative That being so, I believe that the Capital Levy will be of benefit to industry and labour, relieving them of a very large part of the heavy burden weighing them down at the present time and interfering with them in their competition in the world markets. I suggest that the Capital Levy is a sound method of dealing with the situation.
I beg to second the Amendment.
There is one aspect of this question that I should like to put before the House which was not touched on by the right hon. Gentleman the Member for Bury St. Edmunds (Lieut.-Colonel Guinness) when he moved this Motion. I have often found, when I have been discussing the question of a Capital Levy with business men in the City, that they have quite failed to realise what I think is one of the most important aspects of this question, namely, the way in which people who have made great sacrifices in connection with the War look upon the large amount of money that has to be raised to pay for the increased Debt due to the War. Without mentioning those who have given their share of military service and have suffered by it, I would point out that, in connection with rent restriction, the Coalition Government instituted a very drastic measure which had never been thought of in the days before the War, by which the landlord was prevented from getting the profit he might have reaped from the increased value of his houses. Recently, in the educational world, there was an alteration made in the Burnham scale dealing with teachers' salaries, which was obviously felt by the teachers concerned to have been almost a breach of contract between them and the Government. These people are asking why an alteration should be made in the payments due to them, and why this fixed amount of some hundreds of millions a year has to be paid? I am not suggesting that I am in any way in favour of the repudiation of the Debt or anything of that kind. What I do think is, that hon. Members opposite do not realise the importance of this question. It is constantly being asked by those to whom Members opposite, perhaps as employers, are saying, "It is quite impossible to pay you the present wages, and there must be a reduction because of the poverty of this country." Under the last Government the great municipal bodies were told they must reduce expenditure on education; that they must give up services, not because the Government did not believe that those things were beneficial, but because of the financial position of the country. All the time these men and women saw this sum of money being steadily paid in the form of interest on the great War Debt and no reduction being suggested with regard to it, and any proposal such as the Capital Levy being strongly resisted and fought by those who otherwise are urging upon them that it is absolutely essential in the public interest to economise; men who had small fortunes or no fortunes at all made sacrifices while those with much larger fortunes were asked for no sacrifice. That is what hundreds of thousands of people in this country are saying at the present time.
The right hon. Gentleman who moved the Motion made some reference to this question looked at from a political standpoint. I venture to assert that, outside the City of London and the Abbey Division of Westminster, the more you explain it, the more converts you get. I remember a gentleman, a follower of hon. Members opposite, who came to one of my meetings and was very anxious about the Capital Levy. When I explained it, he got much easier in his mind. When he found the millionaire paid half a million he ended up as an enthusiastic supporter.
There is another point on which my hon. Friend only slightly touched, and that is the Capital Levies that have been brought into force in other countries in Europe. By that, I do not mean what is usually called a Capital Levy, but I refer to the inflation of currency which has had to a certain extent the same effect of meeting the difficulty of other countries in regard to their War Debts. Look at Germany. Hon. Members opposite and men in the business world complain that we in this country are unfairly handicapped, because the German merchant practically has wiped out the larger part of his Government debt and his municipal debt by the inflation of his currency. [An HON. MEMBER: "Germany has had six Capital Levies"] I was aware that there had been levies in certain countries, but the point I was trying to deal with is the effect of inflation and how it has removed the burden of debt from certain countries. Hon. Members may say that we see something of that nature in Russia under a Communist Government. In Germany, however, this thing was not done by a Communist Government. Mr. Keynes in his book, which has been referred to, says: The people in France, Germany and Italy have accepted that form of Capital Levy and have not realised that they are paying an unjust Capital Levy.
They turned it down in France on 15th February.
The hon. Member has not followed my point. I am saying that the inflation you find in France to-day as far as their debt is concerned is the same thing as if they had a Capital Levy, only that it falls inequitably on different people. The small man in France under this system, of inflation—we know perfectly well that there is a very large number of small men in France who have very little capital—is being hit by the inflation. Under the scheme of a Capital Levy, such as that propounded by my hon. Friend, the small map would not have to bear his share, except, he came up to a certain figure. The Capital Levy, as suggested by the Labour party, is an attempt fairly to deal with this difficult problem, and it is infinitely better than the methods which have been carried out on the Continent of Europe by means of inflation
Large numbers of those who support the party opposite, are people with small fortunes. Perhaps they have £5,000 or £10,000, and they are living on the income from that furtune. Most of this money, in order to make it quite secure, is invested in Government stocks. Most of these people, fortunately for hon. Members opposite, do not understand what a Government can do by inflation. When they do understand, and they wake up to what a Government can do by inflation, they may begin to realise what really is the danger in our not grappling with the question of the National Debt. We cannot leave it in its present position. People are not going to say that they are satisfied by the Debt being reduced by £50,000,000 a year. They are going to raise a protest against that, and if hon. Members do not accept the Capital Levy, then they will have to deal with it in some other way.
Hon. Members opposite lost their opportunity in not putting the War Wealth Levy into operation. I am quite willing to agree that the Capital Levy will seriously affect certain people; especially those old families with large estates, round which responsibilities have gathered, and where these old families have tried to recognise the claims that those who have worked for them have upon them. I recognise that we cannot help these things and that there has been a great deal of suffering all over the world and that we have to meet the aftermath of war as best we can. If hon. Members opposite had put through the War Wealth Levy they would have inflicted far less suffering upon people, because, undoubtedly, there were large numbers of people who came into a great deal of money as the result of the War. The picture papers have given us an idea of how those people spend that money. It would have been no real hardship upon them, and no one would have shed any tears for a man who had made £20,000, £30,000, £40,000 or £50,000 out of the War if the Government had taken one-half or three-fourths of that money in the form of a War Wealth Levy. They would have been no worse off than they were before the War, while crowds of other men who fought in the War are infinitely worse off. Therefore, hon. Members opposite did lose an opportunity in not putting the War Wealth Levy into operation, because it would have helped to remove a part of this great National Debt, and those responsible for Government to-day would not have been faced with the problem which now confronts us.
There is a further problem, and that is in connection with the effect of this load of debt on trade. That is affected by the national debts of Germany having been to a large extent removed. Another argument is brought forward in connection with the incidence of taxation. It is extraordinary, but from some letters that have appeared in the newspapers one would almost imagine that it was beneficial to have a debt. Some of those who have written these letters have mentioned that under a Capital Levy certain gardeners and other men employed in work of that kind might lose their jobs. The right hon. Gentleman also made that suggestion. Suppose you have the case of a person who has £10,000 of War Loan, and he is using the income from that money in order to keep one or two men working in his garden. Supposing this man has to pay the Capital Levy and he gives notice to these two men and they have to leave his employment. What is the position? The interest on the War Loan comes out of the pockets of people in this House and people in the country. It is not as if it is a business that is making profit. The War Loan, looked at simply, means that we have to pay our share towards it in the form of interest, some of us by smoking, some by drinking, some by Income Tax, and some by Super-tax. We draw from these different classes of people in the country at the rate of £1,000,000 a day, and we pay that over to certain other people in the form of War Loan interest, and they employ if, or some of them employ it, in the way suggested by the right hon. Gentleman. Supposing that money is no longer being paid over, it means that you are going to leave it in the pockets of the working man, who will spend it perhaps in beer and tobacco, or you will leave it in the pockets of the poor women who have been spending money in paying the tax on tea, whereas if you take off some of the burden on tea or sugar then, to that extent, they will have more money to spend and they will spend it in other ways and in ways that may, perhaps, be more beneficial to the country than the ways in which the money is being spent at the present time.
There are one or two questions in connection with the working of the Act. My hon. Friend has explained the case for the Labour Government in regard to that, but one thing that has not been mentioned is what is known as the flight of capital. We know that when the Labour Government was coming into power it was said that there would be a flight of capital from this country, and there certainly was an attempt to remove money from this country. Only a little while ago, when the franc had fallen to the lowest point during the last two or three weeks, a friend of mine was consulted by a Gentleman who wanted to know whether he should sell the French stocks which he held, or whether it was advisable to hold them in case the franc might improve, and my friend added the information that this particular man had put his money in investments in France in order to get it away from this country, which he believed was going to the dogs. I hope in that case the man recovered his financial position, but it is an illustration of how easily we may think that money is going to be put into safety by taking it away from this country simply because of a suggestion of a Capital Levy or that a Labour Government is coming into power.
The total number of people concerned in a Capital Levy would be probably something like 400,000, of whom only 36,000 would be men who would be dealing with a capital of over £50,000. If you put your money abroad you still would be liable to make a statement of your financial position. If you liked to make a false return you are at liberty to do so and to suffer the penalty to which you would be liable, and rightly liable, for making false returns to the Government. I would remind the House that there are few countries where the Government and those connected with it are so well acquainted with the incomes of hon. and right hon. Gentleman, and that the bigger the income the more interest they take in it, and the more they know about the possessor, so if they discover, when a gentleman has been paying a large Income Tax, and they ask what his capital was, that he was exceedingly poor they would begin to inquire what had happened to his money, and, unless there had actually been a genuine loss, the man would render himself liable to the penalty which he would richly deserve. It is suggested that the whole of our financial system would fall to the ground because of a Capital Levy. I do not believe, generally speaking, that it is possible to bring in any form of taxation unless you can get a very large measure of consent from those who are going to bear the taxation, but it would have been equally impossible to carry out the Conscription Act if half or three-fourths of the young men had refused to go into the Army. In the same way if those who would be liable under the Capital Levy refuse to take on that obligation I do not say that it is not possible for them to create enormous difficulties, just as enormous difficulties would have been created if the young men liable under the Conscription Act had refused to serve in the Army.
The Mover of this Motion dealt with the question of the weight of taxation. I notice that the Leader of the Opposition, speaking in this House two or three weeks ago, was very careful to say that he did not definitely commit himself to a recognition of the fact that we were suffering unduly from the weight of taxation, but, on the other hand, one knows that the business world has always laid stress upon the heavy burden of taxation. We should all agree that rates and taxes fall upon business, and they come to be just as much a charge on business as the payment of wages or any similar charge. In connection with the Income Tax, it is much more difficult to say how far it does fall upon business, because in one sense we do not know how much Income Tax we are going to pay until we know what profits we have made. But the Leader of the Opposition said in his speech that he thought it probably was true—and it seems to me to be quite clear—that that portion of the profit that is set aside by a limited company in the form of reserve, on which they pay Income Tax, undoubtedly is affected by the weight of taxation. The reserve will be built up more slowly on account of the tax, and to that extent business is suffering.
Another instance of the bad effect of the weight of taxation is the way in which it affects, especially, young men who want to build up new businesses, because a man with a little capital, who has just started his business career, finds that whatever he is trying to save has to bear the weight of the Income Tax. These are the things upon which we lay stress in connection with the importance of removing the weight of this debt. I agree with my hon. Friend in laying stress upon the fact that those who oppose the suggestions which we made have never contributed any practical suggestions themselves as to how they are to meet the existing situation except through a sinking fund, and I believe that you will find that people will not be satisfied to go on for many years paying interest on the Debt if you are only going to reduce the Debt at the slow rate that was suggested by the last Government. That is the problem of the Debt. It is not a question at which we can look lightly, or which we can leave alone. It is weighing down industry in this country, and now when we make our proposal, I suggest to hon. Members opposite that it is for them to make their proposal to see whether something cannot be done to lift this burden of debt off industry, in order that young men, launching out into life in our industries to-day, may be able to develop those industries, and that sadly needed help in every possible direction may be given to our industry. I believe that if the Capital Levy is fairly put to this House, the House will some day come to the conclusion that it is a practical solution of a very difficult question.
We on this side are, indeed, delighted that we have at last succeeded in getting a Debate in this House on the Capital Levy, because, although the case for the Capital Levy has been put forward by two of the ablest Members on the other side, the very strongest arguments that they produced have merely served to reveal the weakness of their case. The hon. Member for West Leicester (Mr. Pethick-Lawrence) made a speech to which I have listened with the very greatest interest, because I think I may claim—I hope the hon. Member will take it that I mean it as a compliment—to have read everything he has written, and reports of everything he has spoken for some years, and, after listening to his speech, I find myself in some doubt as to the capacity in which he has spoken to-night. If he has spoken in his own personal capacity, he seems to me to have departed somewhat from the teachings and the arguments contained in a very excellent book which he wrote, on which, I think, nearly every book in favour of the Capital Levy is founded. In that book one of his main arguments was that the Capital Levy was really an alternative to a continued high Income Tax, and, possibly, to a very much higher Income Tax. To-night the hon. Member skated very quickly over that thin ice, and I think the reason is obvious. The hon. Member knows, as we all know, that the avowed policy of the Socialist Labour party is not to reduce the Income Tax and Super-tax, as he suggested, but to increase it. [HON. MEMBERS: "No."] Yes, I have here "Labour's Call to the People."
"It proposes an increase of the Death Duties on large estates and of the Super-tax on large incomes. Incomes below £250 a year would be exempt from taxation, and. there would be a reduction in the tax on all incomes under £500 a year, with a steeper graduation of the scale above that limit."
It is the scale above that limit which is concerned with the industries of this country. I think my memory serves me correctly that the hon. Member in one of his books spoke of the millstone of high Income Tax, though his party proposes to increase the Income Tax, the Super-tax and the Death Duties. Yet the hon. Member is here to-night advocating the policy of the Labour party, although that party's policy entirely contradicts everything that he has written and spoken for years.
If the hon. Gentleman will allow me, I will explain the discrepancy. When I wrote the book to which he refers, it was before the reduction of Is. 6d. in the Income Tax which has taken place since then. In the second place, he is quoting from a manifesto not of the last Election but of the election before, and the proposal for extending Income Tax and Death Duties is intended in the manifesto as an alternative to the Capital Levy.
I am sure the hon. Member will agree with me that he did, in some of his writings, mention a reduction of the Income Tax to about the pre-War level. That was Is. 2d. in the £. On another occasion, he brought his suggestion down to 3s. in the £.
rose —
10.0 P.M.
I am afraid I cannot be interrupted all the time, unless I make a misstatement, which I know I am not doing. I have the hon. Gentleman's book to which to refer. That, I think, settles that point. But to prove what I have said, I would simply remind the hon. Member of a certain page in his book in which he gave examples of how a Capital Levy would work in reducing the Income Tax on, I think, eight different scales of income, and, according to the hon. Member's calculations in that book, if a Capital Levy were imposed, it would, in the case of a capital of £40,000 and an income of £4,000, save a man £1,000 a year in Income Tax and Super-tax, and, in the case of a millionaire, the effect of the Capital Levy would be to reduce Income and Super-tax by £26,000. But is that the policy of the Labour party to-day? Therefore, I suggest that the hon. Member and his colleagues on those benches really do not see eye to eye, and are not thinking of the same thing.
I am sorry constantly to interrupt the hon. Gentleman, but he must bear in mind that that proposal was made six years ago, and was based on an entirely different set of circumstances.
I refreshed my memory last night by looking over a large bundle of reports of speeches made by the hon. Member right up to the last Election, and in almost every one of them he committed himself to the view that the introduction of a Capital Levy would be practically automatically followed by a reduction in the Income Tax.
Hear, hear!
But again I ask, is that the policy of the Labour party? [HON. MEMBERS: "Yes."] Are we to take it now that the Socialist Labour party, in proposing a Capital Levy, propose at the same time to guarantee that that is to be an alternative to a high Income Tax and not an addition to it? [HON. MEMBERS: "Yes."] I should like to get that guarantee from some responsible Minister. I think that the hon. Member for West Leicester, if he support the full Capital Levy proposals which have been advanced up to recently, is really somewhat differing from some very distinguished members of his own party. Let me quote, in proof of that, an interview which was published with the Prime Minister in the well-known American journal "Collier's Weekly" quite recently. According to that, in the course of the interview, the present Prime Minister stated his views on the Capital Levy, and he said:
"It is impossible, even if we were so inclined, without Liberal support. Furthermore, we are not at all certain that a Capital Levy is at present the best for the country. But the danger to the economic world of a sudden change in economic policy necessitates careful thought before it is attempted."
I do not know that I can express any opinion upon the views on the Capital Levy held by the Chancellor of the Exchequer. When I turned up his last election address, although the Capital Levy was of course the burning question, I found that the Chancellor of the Exchequer with great prudence had not said a single word about it.
Could you find a reference to any other specific question in that election address?
I went a year further back to the address for 1922, and there I found not a word of reference to the Capital Levy. That was possibly very wise, but not very illuminating, and therefore I leave the Chancellor of the Exchequer as the sphinx of whom hon. Members must ask questions. Now I come to another very important Member of the Government, the Financial Secretary to the Treasury. I am sorry he is not here, because I think he wrote the most scathing condemnation of the Capital Levy which I have ever read. It is rather long to read it all, but this is an extract from an article which appeared in the "Forward" of 17th February, 1923. The Financial Secretary wrote:
"A year or two ago, along with many others, I strongly supported the suggested levy on capital. But time dragged on and the depression began. Even by Labour supporters the proposals were modified. All corporately held capital was excluded, the theory being that recourse to the individual holder would be sufficient. Investigation has shown that that does not follow by any means; in fact, the exclusion of the corporately held capital would lead to substantial injustice."
Then the Financial Secretary went on:
"We may not believe in the present industrial system, but we have nothing to gain by ignoring the facts. In innumerable cases wealth or capital was held in forms which, in order to make payment, would have to be realised. And realisation would make deeper inroads as prices fell, together with the consideration that in circumstances in which many had to realise the demand could hardly be keen. And, finally, it was agreed that in many cases time to pay would have to be allowed. In other words, the problem completely changed its character. From being a levy of immediate application it became in fact a scheme of penal taxation."
May I assure the hon. Gentleman that at the last election the Financial Secretary to the Treasury endorsed and supported the principle and policy of the Labour party on the Capital Levy?
I really cannot help it if the Financial Secretary is such a quick-change artist as that. He said at the beginning of 1923 that a year or two ago he believed in the Capital Levy. Then he opposes it, and a little later, according to the hon. Member, he changes again. The hon. Gentleman, The Member for West Leicester, differs from members of his own party and he also differs from his fellow political economists. We all know there are political economists and political economists. There are some who are economists first and political afterwards, if at all, and there are some who are political first and economists a long way afterwards. But the leading political economists have left us in no doubt as to their views, which are utterly opposed to the views of the hon. Member for West Leicester. I remember not long ago the right hon. Member for Carnarvon Boroughs (Mr. Lloyd George) referred in this House to the greatest living authority on matters of taxation and finance, Sir Josiah Stamp, and I think hon. Members opposite will agree that he is a very great authority. This is what he said in October, 1922:
"The Capital Levy at its best is a mixture of virtues and vices, and the Labour party have not secured any of the possible virtues of a Capital Levy, but they have embodied all its vices."
He is not an economist, he is a statistician; quite a different thing.
The hon. Member opposite quoted, with approval, Mr. J. M. Keynes. I have a report from the "Manchester Guardian" dated 4th December last of a speech by Mr. J. M. Keynes at Blackburn. He said:
"That while in 1920 he was in favour of the levy he thought that now it would be unwise and impracticable and would only aggravate our difficulties."
Then he went on to say:
"A levy would destroy confidence when our object was to strengthen it. It would curtail credit when it was necessary to strengthen it. Some of the difficulties of the times were due to the timidity of capital and the levy would aggravate that evil."
I will quote from Sir Josiah Stamp again. Speaking on 31st May, 1923, he said:
"Out of £3,000,000,000 of levy, £2,000,000,000 would be required to make good its own automatic ravages."
I suggest that that is a game hardly worth the candle. If the hon. Member for West Leicester was speaking as a business man or financier he was at the dis- advantage of being opposed by the whole body of leaders of finance, commerce and industry. Let me take as an accepted spokesman of the leaders of finance, industry and commerce, the right hon. Reginald McKenna, who is an acknowledged authority on matters of this kind and the head of one of the largest financial concerns in this country. He said:
"Anyone who is familiar with the actual organisation of British trade and industry can hardly fail to come to the conclusion that a Capital Levy would be a wholly impracticable, wasteful and even destructive method of raising money. I do not think that those who advocate this method of taxation have really made any deep study of our business organisation."
Therefore, I think I am justified in saying that whether the hon. Member for West Leicester spoke as a private individual or as a representative of his party, as an Economist or as a business man, he is in fact contradicted by a considerable number, indeed an overwhelming majority, on the other side. What surprised me still more about the hon. Gentleman's speech was this: He was speaking on an Amendment which disagreed with the Motion proposed from this side, the point of disagreement being as to whether a Capital Levy would or would not increase employment. The Mover of the Motion said that the Capital Levy would increase unemployment. That is a fairly obvious argument, because any reduction of the capital and credit engaged in commerce and industry must necessarily reduce employment. The hon. Member for West Leicester started out to prove that the Capital Levy would increase employment, but I do not think that he got very far, or that he gave any satisfactory explanation or arguments to prove how it was possible that a reduction of capital could increase employment. [HON. MEMBERS: "There would be no reduction of capital."] I would like to draw the attention of the hon. Member to what his Friend, Mr. J. M. Keynes, said on that subject. In a speech reported in the "Manchester Guardian" on 4th December last, Mr. Keynes said:
"To make a levy for its own sake seemed to him absolute madness; and to put it forward as a cure for unemployment was not only madness, but insincere. He had never heard a single argument as to how the Capital Levy would help unemployment."
Nor have we heard any such argument tonight. My hon. and gallant Friend the Mover of the Motion has the advantage of the support of these eminent authorities on the subject of employment. I have just read out what Mr. Keynes said. Let me now quote what Sir Josiah Stamp said on the subject of the Capital Levy and unemployment:
"The general results of the Labour party's present proposal would cause a disturbance of values, and such a disappearance of many of the values to be taxed, that credit would be destroyed or undermined, and thus unemployment would be aggravated. The inability to give complete guarantee that there would be no repetition or that Income Tax would be relieved by an equivalent amount, would be bound to deter future saving, and this, again, would react adversely on employment."
I conclude by saying that I hope we shall have a Division to-night, and I hope an overwhelming majority of the Members of this House will prove their fiscal and financial sanity by voting in support of the Motion. By that means I hope that the fears of the country may be set at rest, that people may realise that the bubble of the Capital Levy has been pricked and that we shall hear no more about it.
The cause of the Capital Levy has received some service by this Debate, and we are indebted to the right hon. and gallant Member for Bury St. Edmunds (Lieut.-Colonel Guinness) for bringing forward this Motion. As the time which is still left must be shared, I can take only lees than half of it, and I will content myself, in that period, with a brief review of the points which have been raised. I deny that Labour has ever said that a levy on capital would solve the problem of unemployment. We have never submitted a levy on capital as a cure for unemployment. We have said, and we firmly believe, that a levy on capital would reduce the number of the unemployed because of its effects on industry, but those who have, in the country and the House, declared that we submit it as a cure for what in existing social conditions is incurable, grossly misrepresent the position of the supporters of the principle of the Capital Levy. This proposal has a place in the Labour programme not for one class but for practically all classes, and I would ask those who talk so much about the levy to talk a little about the Debt.
Some half-dozen alternative methods have been mentioned—I will not say seriously proposed. There are those who rise and say we should make Germany pay. A Chancellor of the Exchequer recently, in this House, declared that he would look upon any money from Germany as something in the nature of a windfall. That certainly offers little consolation. We cannot offer to deal with this Debt by process of savings, valuable as savings may be. There are those who rush to some foolhardy extreme about a new form of taxation by which a separate fund is to be raised for this purpose. Others turn to economies within the State and ask if we cannot save in the management of our national affairs. I ask those who refer to these remedies to refer even in extravagant form to any sum likely ever to be raised by them, and set that sum beside the enormous weight of the Debt itself. If we doubled, for instance, the whole of the death duties, a remedy proposed by some, that would not come anywhere near dealing with the enormous weight of debt bearing on the shoulders of the people. Lastly, there is the device of the Sinking Fund. Clearly, if we relied upon that, the heirs of this generation, and theirs, will long be dead before the people then living will feel seriously a relief from the burden of the Debt which we are now bearing. We are threatened, when this question is raised, with the certainty that, should it be seriously attempted, capital will fly the country. That is an old threat, indulged in right from the day when the first Liberal act of interference with trade or business in this country took place. It is so old and hoary that it has ceased to frighten anybody, for capital well knows it can find no better home than this, and for myself I have the greatest contempt for that type of capitalist who would sneer at the conscientious objector for failing to lay down his life for his country, and who himself threatens to flee the land and take his wealth with him if he is asked to pay a little to save the country from what was described not long ago as the condition of bankruptcy with which it was threatened.
Clearly, a Capital Levy could not be introduced by any Government without that Government being assured that they had public opinion generally behind them that they had a majority representing to even a larger measure than usual the assent of the people to so novel, and, I agree, in some respects, so disturbing a proposal as this. But, again, I ask, What are we to do with the Debt? The position of the Government was clearly declared by the Prime Minister only some few weeks ago in this House, and for the life of this Parliament to that position we adhere. Thus any proposal requires a majority in order that, when carried through, it should be regarded as having the assent of the electors of Great Britain. It will have to be accepted by the nation, indeed, as a necessity, and could not be forced even by a fair majority. I am, however, convinced that ultimately the crushing burden of this Debt, as expressed in heavy taxation, in the disturbance to trade that it means, in the high prices that it means, as expressed in all those burdens which the country now bears—I am convinced that the country will turn to this remedy if for no other reason than that there is no other.
There is an apprehension in the minds of the owners of capital, an apprehension which we admit is quite natural. It was the apprehension felt in another form by the average man in this country when he was asked, not to put his hand in his pocket, but to put his rifle to his shoulder. Is it right that millions of men who went out to risk their lives, and who are now back working—if they can get it—should go on working in order by labour and effort to pay off some of the interest claimed by those who never went near the War at all, but were able to stay at home, and lend these large sums of money which they got because of the artificial conditions of trade? I agree that a large number of capital owners in this country who would be most affected by this proposal are the men who in the years of the War were above military age, or are men who were required to render service at home. I do not mean that any man who did not go abroad, or was not enlisted, shirked his national duty. What I mean is that service in war time is very unequal. It is not right that one man should be able to stay at home and make a fortune in a condition so sheltered, and another man has to go abroad, and when he comes back find he has to pay interest for the other man's investment. Just as there could not be equality of service during the War, there never was equality in regard to taxation, or absolute equality in any taxation that has ever been imposed. But a million pounds per day, roughly speaking, must be found as interest upon the debt which necessarily we contracted to win the War. Had the Government, in the years of the War, listened to suggestions from the Labour Benches, however feebly they might have been uttered, on the general question of paying our way year by year more than we did as the War went on, the War would have ended with far less debt than it is now burdened with. The object of the levy is really the repayment of the loan, and I say that we are not content to face what is a period of generations before the people look forward to any prospect of the weight of the levy being seriously reduced. It is said that there will be a very real disturbance of capital possessions, of trade, and commerce, and business if this thing be done. My right hon. Friend who will follow me might apply himself to that question, for if taking some capital as levy would depress trade, would not trade be stimulated by putting that money into it as repaid loan?
During the years of the War some £7,000,000,000 were found. That sum did not represent savings, and in the main it was taken from capital. How is it that during those few years there have been immense sums taken from capital without any real disturbance of the industries and trades of this country? I grant that there were real differences between the way trade and business had to be carried on then as compared with now, but that does not explain the whole of the difference. Why was finance not shattered during the days of the War when all this capital was found in order to lend it as loan?
I said at the beginning of my remarks that this proposal was not necessarily or in any narrow sense a labour or a class proposal. If the men at the head of the Treasury had had the courage and had used it at the right time, little of this burden would now be left. Between 1917 and 1919 I remember prominent men preaching what would happen if ever this particular proposal were adopted. I remember too that in this House a memorial was extensively signed, largely by wealthy Members, praying the Chancellor of the Exchequer to have nothing to do with the idea, of a Capital Levy. When the War was full in its stride in 1917, referring to the Capital Levy, the late Mr. Bonar Law said:
In one sense the Debate which has been taking place this evening is academic. We have been told that in no case will the present Government propose to try to operate a Capital Levy during the life of the present Parliament. But, all the same, I do not think that the Debate has been without its uses. It has enabled us to hear from the prophet of the Capital Levy his own ideas of how he would carry it out, and it has also enabled my hon. Friend the Member for Kirkdale (Sir J. Pennefather) to annihilate him with quotations from his past speeches and writings. A favourite quotation of the advocates of the Capital Levy is that of the words used by Mr. Bonar Law, which have just been repeated by the Leader of the House; but I think the right hon. Gentleman has failed to perceive that the arguments in favour of the Capital Levy, and the method in which it is proposed to use that Levy, have entirely changed since the proposition of the Liberal party was put to Mr. Bonar Law in 1917. It is, in fact, perfectly clear, from the answer which the right hon. Gentleman quoted, that the proposition before Mr. Bonar Law was whether those who are now paying Income Tax and Super-tax should commute their taxation in one huge capital sum, or whether they should continue to bear the burden of the existing Income Tax and Super-tax for a large number of years.
That was the proposal, and it was because of the way in which it was put that Mr. Bonar Law said, and very rightly said, that that was a matter which chiefly concerned those who would have to pay, and, therefore, it did not affect the working classes, but rather the ones who are now subject to Income Tax and Super-tax. But is that the way in which the Capital Levy is represented by members of the Labour party to-day? Is that the Way in which the hon. Member for Fins-bury talked to his constituents, whom he found after he had talked to them to be such enthusiastic supporters of the Capital Levy? To-day the Capital Levy is simply used by the Labour party as the biggest electoral bribe that has ever been offered. They are going to do everything with it. The hon. Member for West Leicester (Mr. Pethick-Lawrence) is comparatively moderate. It is true he is going to reduce the Income Tax, to abolish all food taxes, to do away with the Corporation Tax and the Entertainment Tax, but I think he stops there. Some of his friends go about the country, and I think I may quote the Labour party's manifesto last November for saying that not only were they going to do all that, but they were going to carry out those great social services in housing, education, higher maintenance rates for the unemployed, and all this, it now appears, is to be done out of what the hon. Member will not put at higher than a saving of £70,000,000 a year.
I must ask leave to say I said £100,000,000 to £120,000,000 a year.
No, the hon. Member must allow me to remind him that that was the gross saving. You have to deduct from that loss in taxation.
rose —
I have not much time. I do not desire to misrepresent the hon. Member, but he said he was going to reduce the Sinking Fund as well, and no doubt if you are going to cut the Sinking Fund in half you can get another £24,000,000 or £25,000,000, but even that is not 6d. in the £ on the Income Tax. That is not going to begin to pay your housing bill, to take that alone. These statements are made with a reckless disregard of arithmetic and with one single desire, and that is to get votes.
I desire to address myself to the subject of the Resolution, which has for some reason or another been avoided by every speaker on the other side. The Resolution lays it down that the exaction of a Capital Levy would have a disastrous effect upon employment. That is a point of view which has not been touched by any speech, and certainly not by the speech of the Leader of the House. I refer constantly to the hon. Member for West Leicester, not only because he made much the longest speech, but because he is the great authority upon this subject, and if we can meet his arguments I think we have met the best arguments which can be put up for the Capital Levy. It is true we are not criticising the Capital Levy now on the ground that it is robbery or that it is immoral, or even that it is inequitable, although it certainly would be in the way it is proposed, but we are criticising it on the ground that it would be fatal to industry, and therefore its worst effects would be found among the very poorest of the poor. The hon. Member says there is going to be no destruction of capital, but he seems to me to fall into the fallacy of confusing the capital of the State with the capital of individuals. It is not the State that carries on trade, it is individuals with their individual capital, and if you make an individual hand over to the Exchequer his warrants for a given quantity of War Loan and then burn that War Loan, you are depriving that individual of that capital which he might have used in industry and you are also depriving him of the credit he could obtain by the use of that capital. I do not suppose there is any country in the world where credit is made so much use of as it is in this country, and whatever the results might be in other countries in Europe, it is just in proportion to the extent to which credit is used in commercial transactions in this country that the disastrous effects of the Capital Levy will exceed what they might be in any other.
Another point which I do not think has been mentioned, but which is a very important one indeed, is the psychological effect of the Capital Levy. We had some examples not very long ago which gave us some sort of illustration of what might be the effects of wrong or right ideas of what is going to be the effect of particular Measures. The words of one of my late colleagues which were misunderstood in the City and thought to infer that the Government were going to enter upon some policy of inflation, had an immediate and disastrous effect upon the value of the pound in the City of London. It began going down at once. Not only that, but money began to be taken away from London. It was taken away in very large quantities. Telegrams came in from all parts of the world, actually as far as China, making inquiries as to whether there really was any foundation for this suggestion that the British Government were going to start a policy of inflation. Capital is very timid in these matters. It does not wait to make sure. It has only to think that there is a possibility of this happening and it takes wings and disappears. [ Laughter. ]Hon. Members laugh and think this is a very funny and discreditable thing, but they have to take account of the effect if it happens, and if it does happen it is going to have this disastrous effect on the very people to whom they are promising all these benefits.
If the exchange value of the pound goes down as compared with the dollar, what is going to be the effect on our purchases from America or on the interest on the American debt, which is going to cost us very much more? That means there is going to be a general rise in prices, and that the cost of living is going up.
Do not let us forget that we are exposing ourselves to that psychological effect. I would like just to give the House in two words some evidence that what I say is not mere fancy, but the expression of what has actually been experienced where proposals of this kind have been seriously entertained. I have here an account of the effect of the Capital Levy in Switzerland. Listen to this! It is by a doctor who is an advocate in Zurich:
Where to?
It went abroad. The writer concludes:
"Part of the loss may be recovered, but the public discussion has damaged Swiss interests far more than the rejection of the proposal has been able to repair them."
That is the effect of what happened in Switzerland, and I trust this country is not going to be foolish enough to expose itself to the serious material damage which Switzerland suffered from the mere proposal to introduce a Capital Levy.
The Deputy-Leader of the House has repeated a question which has been put by other hon. Members. He asked what alternative we have to suggest. Sitting beside him is the Chancellor of the Exchequer. I would ask the Deputy-Leader of the House to consult his right hon. Friend. Perhaps he might get the answer for which he has asked in vain, as he says, in this House. The Chancellor of the Exchequer indicated to us that he had contrived to design an election address which contained no specific reference to any part of the policy of his party. He has shown a similar skill and discretion in remaining seated and silent upon the Front Bench opposite to-night, and declining to give us his ideas as to the effect of a Capital Levy upon employment. I suggest, and I do not think he will contradict me, that one alternative to the proposal for a Capital Levy in dealing with the National Debt is to employ redemption and conversion. In the last two years we have paid off £200,000,000 of our debt. The more you pay off, the easier you make it to carry out those processes of conversion which the Chancellor of the Exchequer has just initiated. In these sound paths of finance lies the safety of this country. On these lines, and on these lines alone, can we preserve our financial reputation in the world and can we preserve the security of our industries and the employment of our people.
Question put, "That the words proposed to be left out stand part of the Question."
The House divided: Ayes, 325; Noes, 160.
Division No. 37.] AYES. [11.0 p.m. Ackroyd, T. R. Banks, Reginald Mitchell Black, J. W. Acland, Rt. Hon. Francis Dyke Barnston, Major Sir Harry Blades, Sir George Rowland Ainsworth, Captain Charles Barrie, Sir Charles Coupar (Banff) Blundell, F. N. Alexander, Brg.-Gen. Sir W. (Glas. C.) Becker, Harry Bonwick, A. Allen, R. Wilberforce (Leicester, S.) Beckett, Sir Gervase Bowater, Sir T. Vansittart Amery, Rt. Hon. Leopold C. M. S. Benn, Sir A. S. (Plymouth, Drake) Bowyer, Captain G. E. W. Aske, Sir Robert William Benn, Captain Wedgwood (Leith) Brass, Captain W. Astor, Maj. Hon. John J. (Kent, Dover) Bentinck, Lord Henry Cavendish- Brassey, Sir Leonard Atholl, Duchess of Berkeley, Captain Reginald Briant, Frank Austin, Sir Herbert Betterton, Henry B. Bridgeman, Rt. Hon. William Clive Baird, Major Rt. Hon. Sir John L. Birchall, Major J. Dearman Briscoe, Captain Richard George Baldwin, Rt. Hon. Stanley Bird, Sir R. B. (Wolverhampton, W.) Brown, A. E. (Warwick, Rugby) Balfour, George (Hampstead) Birkett, W. N. Brunner, Sir J. Bull, Rt. Hon. Sir William James Gwynne, Rupert S. Mond, H. Bullock, Captain M. Hacking, Captain Douglas H. Moore-Brabazon, Lieut.-Col. J. T. C. Burman, J. B. Hall, Lieut.-Col. Sir F. (Dulwich) Morrison-Bell, Major Sir A. C. (Honiton) Burney, Lieut.-Com. Charles D. Hamilton, Sir R. (Orkney & Shetland) Morse, W. E. Burnie, Major J. (Bootle) Hannon, Patrick Joseph Henry Moulton, Major Fletcher Butler, Sir Geoffrey Harbord, Arthur Murrell, Frank Campion, Lieut.-Colonel W. R. Harland, A. Nesbitt, Robert C. Cassels, J. D. Harmsworth, Hon. E. C. (Kent) Newman, Sir R. H. S. D. L. (Exeter) Cautley, Sir Henry S. Hartley, E. A. Newton, Sir D. G. C. (Cambridge) Cayzer, Sir C. (Chester, City) Harris, John (Hackney, North) Nicholson, O. (Westminster) Cayzer, Maj. Sir Herbt. R. (Prtsmth. S.) Harris, Percy A. Nicholson, William G. (Petersfield) Cecil, Rt. Hon. Sir Evelyn (Aston) Hartington, Marquess of Oliver, P. M. (Manchester, Blackley) Cecil, Rt. Hon. Lord H. (Ox. Univ.) Harvey, C. M. B. (Aberd'n & Kincardne) Oman, Sir Charles William C. Chamberlain, Rt. Hon. J. A. (Birm., W.) Harvey, T. E. (Dewsbury) O'Neill, John Joseph Chamberlain, Rt. Hon. N. (Ladywood) Henn, sir Sydney H. Ormsby-Gore, Hon. William Chapman, Sir S. Hennessy, Major J. R. G. Owen, Major G. Chapple, Dr. William A. Herbert, Dennis (Hertford, Watford) Parry, Thomas Henry Chilcott, Sir Warden Herbert, Capt. Sidney (Scarborough) Pattinson, S. (Horncastle) Clarry, Reginald George Hill-Wood, Major Sir Samuel Penny, Frederick George Clayton, G. C. Hindle, F. Percy, Lord Eustace (Hastings) Cobb, Sir Cyril Hoare, Lt.-Col. Rt. Hon. Sir S. J. C. Perkins, Colonel E. K. Cockerill, Brigadier-General G. K. Hobhouse, A. L. Philipson, Mabel Colfox, Major Wm. Phillips Hogbin, Henry Cairns Phillipps, Vivian Collins, Sir Godfrey (Greenock) Hogg, Rt. Hon. Sir D. (St. Marylebone) Pielou, D. P. Collins, Patrick (Walsall) Hohler, Sir Gerald Fitzroy Pownall, Lieut.-Colonel Assheton Cope, Major William Hood, Sir Joseph Pringle, W. M. R. Courthope, Lieut.-Col. George L. Horlick, Lieut.-Colonel J. N. Raffan, P. W. Cowan, D. M. (Scottish Universities) Horne, Sir R. S. (Glasgow, Hillhead) Raffety, F. W. Cowan, Sir Wm. Henry (Islingtn. N.) Howard, Hn. D. (Cumberland, Northn.) Ramage, Captain Cecil Beresford Craig, Captain C. C. (Antrim, South) Howard, Hon. G. (Bedford, Luton) Rankin, James S. Craik, Rt. Hon. Sir Henry Howard-Bury, Lieut.-Col. C. K. Rathbone, Hugh H. Croft, Lieut.-Colonel Sir Henry Page Hughes, Collingwood Rawlinson, Rt. Hon. John Fredk. Peel Cunliffe, Joseph Herbert Huntingfield, Lord Rees, Sir Beddoe Curzon, Captain Viscount Iliffe, Sir Edward M. Rees, Capt. J. T. (Devon, Barnstaple) Dalkeith, Earl of Jackson, Lieut.-Colonel Hon. F. S. Remnant, Sir James Darbishire, C. W. James, Lieut.-Colonel Hon. Cuthbert Rentoul, G. S. Davidson, Major-General Sir J. H. Jenkins, W. A. (Brecon and Radnor) Rhys, Hon. C. A. U. Davies, Alfred Thomas (Lincoln) Jephcott, A. R. Richardson, Lt.-Col. Sir P. (Chertsey) Davies, Maj. Geo. F. (Somerset, Yeovil) Johnstone, Harcourt (Willesden, East) Roberts, Samuel (Hereford, Hereford) Davies, Sir Thomas (Cirencester) Jones, C. Sydney (Liverpool, W. Derby) Robertson, T. A. Dawson, Sir Philip Jones, Henry Haydn (Merioneth) Robinson, Sir T. (Lancs., Stretford) Deans, Richard Storry Jones, Rt. Hon. Leif (Camborne) Ropner, Major L. Dickie, Captain J. P. Jowitt, W. A. (The Hartlepools) Roundell, Colonel R. F. Dixey, A. C. Joynson-Hicks, Rt. Hon. Sir William Royle, C. Dodds, S. R. Kay, Sir R. Newbald Rudkin, Lieut.-Colonel C. M. C. Doyle, Sir N. Grattan Kedward, R. M. Russell, Alexander West (Tynemouth) Duckworth, John Keens, T. Russell-Wells, Sir S. (London Univ.) Dudgeon, Major C. R. Kindersley, Major G. M. Samuel, A. M. (Surrey, Farnham) Dunn, J. Freeman King, Captain Henry Douglas Samuel, Samuel (W'dsworth, Putney) Eden, Captain Anthony Lamb, J. Q. Sandeman, A. Stewart Edmondson, Major A. J. Lambert, Rt. Hon. George Savery, S. S. Ednam, Viscount Lane-Fox, George R. Scott, Sir Leslie (Liverp'l, Exchange) Edwards, John H. (Accrington) Laverack, F. J. Seely, Rt. Hn. Maj.-Gen. J. E. B. (I. of W.) Elveden, Viscount Leigh, Sir John (Clapham) Shepperson, E. W. Emlyn-Jones, J. E. (Dorset, N.) Lessing, E. Simon, E. D. (Manchester, Withington) England, Colonel A. Linfield, F. C. Simon, Rt. Hon. Sir John Erskine, James Malcolm Monteith Livingstone, A. M. Simpson, J. Hope Eyres-Monsell, Com. Rt. Hon. B. M. Lloyd, Cyril E. (Dudley) Sinclair, Major Sir A. (Caithness) Falconer, J. Lloyd-Greame, Rt. Hon. Sir Philip Smith-Carington, Neville W. Falle, Major sir Bertram Godfray Locker-Lampson, G. (Wood Green) Somerville, A. A. (Windsor) Ferguson, H. Lord, Walter Greaves- Somerville, Daniel (Barrow-in-Furness) Finney, V. H. Loverseed, J. F. Spears, Brig.-Gen. E. L. FitzRoy, Capt. Hon. Edward. A. Lowe, Sir Francis William Spencer, H. H. (Bradford, S.) Fletcher, Lieut.-Com. R. T. H. Lumley, L. R. Spender-Clay, Lieut.-Colonel H. H. Foot, Isaac Lyle, Sir Leonard Spero, Dr. G. E. Forestier-Walker, L. McCrae, Sir George Stanley, Lord Franklin, L. B. Macdonald, Sir Murdoch (Inverness) Starmer, Sir Charles Frece, Sir Walter de MacDonald, R. Steel, Samuel Strang Fremantle, Lieut.-Colonel Francis E. Macfadyen, E. Stewart, Maj. R. S. (Stockton-on-Tees) Galbraith, J. F. W. McLean, Major A. Stranger, Innes Harold Gates, Percy Macnaghten, Hon. Sir Malcolm Stuart, Hon. J. (Moray and Nairn) Gaunt, Rear-Admiral Sir Guy R. Macnamara, Rt. Hon. Dr. T. J. Stuart, Lord C. Crichton George, Rt. Hon. David Lloyd McNeill, Rt. Hon. Ronald John Sturrock, J. Leng George, Major G. L. (Pembroke) Maden, H. Sueter, Rear-Admiral Murray Fraser Gibbs. Col. Rt. Hon. George Abraham Makins, Brigadier-General E Sunlight, J. Gilmour, Colonel Rt. Hon. Sir John Mansel, Sir Courtenay Sutcliffe, T. Gorman, William Marriott, Sir J. A. R. Sutherland, Rt. Hon. Sir William Gould, James C. (Cardiff, Central) Martin, F. (Aberd'n & Kinc'dine, E.) Sykes, Major-Gen. Sir Frederick H. Gray, Frank (Oxford) Mason, Lieut.-Col. Glyn K. Tattersall, J. L. Greene, W. P. Crawford Meller, R. J. Terrell, Captain R. (Oxford, Henley) Grenfell, Edward C. (City of London) Meyler, Lieut.-Colonel H. M. Terrington, Lady Gretton, Colonel John Millar, J. D. Thomas, Sir Robert John (Anglesey) Griffith, Rt. Hon. Sir Ellis Milne, J. S. Wardlaw Thompson, Luke (Sunderland) Grigg, Lieut.-Col. Sir Edward W. M. Mitchell, W. F. (Saffron Walden) Thompson, Piers G. (Torquay) Guest, Capt. Hn. F. E. (Gloucstr., Stroud) Mitchell, Sir W. Lane (Streatham) Thomson, Sir W. Mitchell-(Croydon, S.) Thornton, Maxwell R. Weston, John Wakefield Wood, Major Rt. Hon. Edward F. L. Tichfield, Major the Marquess of Wheler, Lieut.-Col. Granville C. H. Wood, Sir H. K. (Woolwich, West) Turton, Edmund Russborough Williams, A. (York, W. R., Sowerby) Wood, Major M. M. (Aberdeen, C.) Vaughan-Morgan, Col. K. P. Williams, Maj. A. S. (Kent, Sevenoaks) Woodwark, Lieut.-Colonel G. G. Waddington, R. Willison, H. Worthington-Evans, Rt. Hon. Sir L. Ward, Col. J. (Stoke-upon-Trent) Wilson, Sir C. H. (Leeds, Central) Wragg, Herbert Ward, Lt.-Col. A. L.(Kingston-on-Hull) Wilson, Col. M. J. (Richmond) Yate, Colonel Sir Charles Edward Warrender, Sir Victor Windsor-Clive, Lieut.-Colonel George Yerburgh, Major Robert D. T. Watson, Sir F. (Pudsey and Otley) Wintringham, Margaret Webb, Lieut.-Col. sir H. (Cardiff, E.) Wise, Sir Fredric TELLERS FOR THE AYES.— Wells, S. R. Wolmer, Viscount Lieut.-Colonel Guinness and Sir John Pennefather.
NOES. Adamson, Rt. Hon. William Henderson, Rt. Hon. A. (Burnley) Ritson, J. Adamson, W. M. (Staff., Cannock) Henderson, A. (Cardiff, South) Roberts, Rt. Hon. F. O. (W. Bromwich) Alexander, A. V. (Sheffield, Hillsbro') Henderson, T. (Glasgow) Romeril, H. G. Ammon, Charles George Henderson, W. W. (Middlesex, Enfield) Rose, Frank H. Attlee, Major Clement R. Hirst, G. H. Samuel, H. Walter (Swansea, West) Ayles, W. H. Hodges, Frank Scrymgeour, E. Baker, W. J. Hoffman, P. C. Scurr, John Banton, G. Hogge, James Myles Sherwood, George Henry Barnes, A. Hudson, J. H. Short, Alfred (Wednesbury) Batey, Joseph Isaacs, G. A. Sitch, Charles H. Bondfield, Margaret Jackson, R. F. (Ipswich) Smillie, Robert Bowerman, Rt. Hon. Charles W. Jenkins, W. (Glamorgan, Neath) Smith, Ben (Bermondsey, Rotherhithe) Broad, F. A. Jewson, Dorothea Smith, T. (Pontefract) Brown, James (Ayr and Bute) John, William (Rhondda, West) Snell, Harry Buchanan, G. Johnston, Thomas (Stirling) Spence, R. Buckle, J. Jones, J. J. (West Ham, Silvertown) Spoor, B. G. Buxton, Rt. Hon. Noel Jones, Morgan (Caerphilly) Stamford, T. W. Cape, Thomas Kennedy, T. Stephen, Campbell Charleton, H. C. Kirkwood, D. Stewart, J. (St. Rollox) Church, Major A. G. Lansbury, George Sullivan, J. Clarke, A. Law, A. Thomas, Rt. Hon. James H. (Derby) Cluse, W. S. Lawson, John James Thorne, W. (West Ham, Plaistow) Clynes, Rt. Hon. John R. Leach, W. Thurtle, E. Cove, W. G. Lee, F. Tillett, Benjamin Crittall, V. G. Lowth, T. Tinker, John Joseph Davies, Rhys John (Westhoughton) Lunn, William Tout, W. J. Davison, J. E. (Smethwick) M'Entee, V. L. Trevelyan, Rt. Hon. C. P. Dickson, T. Mackinder, W. Turner, Ben Dukes, C. Maclean, Neil (Glasgow, Govan) Varley, Frank B. Duncan, C. March, S. Viant, S. P. Dunnico, H. Marley, James Wallhead, Richard C. Edwards, C. (Monmouth, Bedwellty) Martin, W. H. (Dumbarton) Walsh, Rt. Hon. Steven Egan, W. H. Maxton, James Warne, G. H. Gardner, B. W. (West Ham, Upton) Middleton, G. Watson, W. M. (Dunfermline) Gardner, J. P. (Hammersmith, North) Mills, J. E. Watts-Morgan, Lt.-Col. D. (Rhondda) Gavan-Duffy, Thomas Montague, Frederick Webb, Rt. Hon. Sidney Gosling, Harry Morrison, Herbert (Hackney, South) Weir, L. M. Gould, Frederick (Somerset, Frome) Morrison, R. C. (Tottenham, N.) Welsh, J. C. Graham, D. M. (Lanark, Hamilton) Muir, John W. Westwood, J. Greenall, T. Murray, Robert Wheatley, Rt. Hon. J. Greenwood, A. (Nelson and Colne) Naylor, T. E. Whiteley, W. Grenfell, D. R. (Glamorgan) Nichol, Robert Wignall, James Groves, T. Nixon, H. Williams, David (Swansea, E.) Guest, J. (York, Hemsworth) O'Grady, Captain James Williams, Lt.-Col. T. S. B. (Kennington) Guest, Dr. L. Haden (Southwark, N.) Oliver, George Harold Williams, T. (York, Don Valley) Hall, F. (York, W. R., Normanton) Paling, W. Wilson, C. H. (Sheffield, Attercliffe) Hall, G. H. (Merthyr Tydvil) Palmer, E. T. Wilson, R. J. (Jarrow) Hardie, George D. Parkinson, John Allen (Wigan) Windsor, Walter Hartshorn, Rt. Hon. Vernon Perry, S. F Wright, W. Hastings, Sir Patrick Ponsonby, Arthur Young, Andrew (Glasgow, Partick) Hastings, Somerville (Reading) Potts, John S. Haycock, A. W. Purcell, A. A. TELLERS FOR THE NOES.— Hayday, Arthur Raynes, W. R. Mr. Pethick-Lawrence and Mr. Gillett. Hayes, John Henry Richards, R. Hemmerde, E. G. Richardson, R. (Houghton-le-Spring)
Main Question put, and agreed to.
Resolved
"That this House is of opinion that what is needed is not the destruction of enterprise but its encouragement, not the frightening away of capital but its fruitful use, and that a Capital Levy would therefore prove disastrous to employment."
Rent and Mortgage Interest Restrictions Bill
Postponed Proceeding resumed on Amendment to Question, "That the Bill be now read a Second time."
Question again proposed, "That the words proposed to be left out stand part of the Question."
It being after Eleven of the Clock, the Debate stood adjourned.
Debate to be resumed To-morrow.
Army and Air Force (Annual) Bill
Considered in Committee.
[Mr. ROBERT YOUNG in the Chair.]
I beg to move,
"That the Chairman do report Progress, and ask leave to sit again."
Before we proceed to the consideration of the Committee's stage of the Bill, I want to ask the Deputy Leader of the House one or two questions, for the information of the Committee. There is on the Paper a very large number of Amendments—many more than usual. I think the Committee is entitled to know how long the Government propose or expect to keep the Committee sitting. Secondly, the Committee should know whether there is any truth in the report that a number of these Amendments are to be left to the free decision Of the Committee.
I do not wish to anticipate the statement which my right hon. Friend, the Secretary of State for War, will shortly make in relation to the Amendments, a statement which will materially affect the decision as to these Amendments and the progress that we hope to make to-night. I cannot at this moment say, not having had time to consider the point, how many of these Amendments we would like to dispose of, but I hope that before very long we shall be able to inform the Committee how far we would like the Committee to proceed. Meanwhile, I can assure the right hon. Gentleman, as to leaving matters to the free vote of the Committee, that I do not know that anyone had power to make any such statement, and we accept responsibility for the attitude we shall take as a Government to these Amendments.
The Amendments on the Paper have been placed there so recently and they involve questions of such grave importance that we consider that we cannot, having regard to the far-reaching character of the changes proposed, accept any of the Amendments. There may be a good deal of difference of opinion in respect of the death penalty or the offences for which it is awarded, but there can be no difference of opinion as to the far-reaching character of the change that is proposed in certain of these Amendments. The Government have had very little time to consider the Amendments; they were put on the Paper only two days ago. I agree that the Bill has only recently been introduced and I am not complaining that the Amendments were not put down earlier, but I am referring to the fact that the Government have had very little time to consider changes so formidable and far-reaching as those proposed. The Government, therefore, have decided to ask the Army Council, along with representatives of the other fighting services, to go into the whole question of the death penalty and also to investigate what would, in all probability, be the effect of certain Amendments, in addition to the Amendment concerning the death penalty, which are down on the Order Paper. They are to go into the whole matter during the ensuing year and report to the Cabinet. Of course, as hon. Members know, in time of peace the death penalty is really almost non-existent. There has been only one case over a great many years where the death penalty has been imposed in time of peace and that was a case in India where a man was executed. He was executed because of action taken in respect of occurrences in Ireland. It was a case of a mutiny and there was only the one man executed.
During the whole time of the War, throughout all those troublous years, not one single person was executed in the United Kingdom. Therefore, I think it is perfectly right to say that the question of the death penalty is almost an academic one in time of peace. It is very desirable that the whole question should be investigated, and we can conceive of no body more competent than the Army Council, coupled with the representatives of the other services, to go thoroughly into the whole matter and see what alteration can be made and what offences can be removed from the catalogue of those for which the death penalty is imposed. I am quite sure that is the proper course for the Government to take and I am quite sure it is the common sense line to take in order to meet the desires of those who have put down Amendments. There is no possibility at all of the death sentence being inflicted during peace and, therefore, no danger of anything arising during the period of this investigation. I was hoping that, as a result of the statement I have made as to the action the Government propose to take, the Amendments would be abandoned. That may be too sanguine a hope, but certainly we do not propose, having regard to the shortness of the time which the Government have been able to give to the necessary consideration of the question and having regard also to the wide and comprehensive change that would result from the adoption of any of these Amendments, to accept any Amendments on the point.
I should like to be quite clear as to what is the attitude of the Government. Personally, I am very much relieved to hear they are going to resist, with the Government Whips, the very subversive Amendments on the Paper. The Secretary of State for War states he is going to have an inquiry by the Army Council and certain representativees of the two other fighting services. Do I understand by that, it is to be an inquiry by the Army Council, the Air Council and the Lords of the Admiralty?
Yes.
I think also the House should be informed of the terms of reference.
They have not been considered yet.
I understand, of course, we shall be informed of them.
Certainly.
It is to be an inquiry by the three fighting Services—the Army Council, the Air Council and the Lords of the Admiralty. Then, so far as I am concerned, the Government's statement is rather surprising, in view of the fact that this question has been time after time discussed, and although the Secretary of State is quite right in saying that the Amendments have been down only during the last two days, it is a very old subject of discussion, and I should certainly have thought the right hon. Gentleman would have had his own mind made up long ago on the subject. I think, none the less, that the Government's statement is so far satisfactory; anyhow, it is a great deal better than the statements that many hon. Members on this side hear from that Bench.
The statement of the right hon. Gentleman deals, it appears to me, with only the first two new Clauses on the Paper, but there is a third new Clause on the Paper, which in former years has given rise to a large amount of discussion in this House, and I remember that on 1st April a year ago we had a very long discussion on this question, namely, the conditions upon which soldiers can be employed in aid of the civil power during trade disputes. That is a very important question, and at that time many hon. Members who are now sitting above the gangway protested that the discussion was closured by the Ministers of that day. It is a subject which aroused a great deal of interest even before the war, and at that time—I think, only three weeks before war was declared—a Select Committee of this House was appointed to consider the matter, a Committee which, by the way, never met. I think the Committee ought to know whether the decision of the Secretary of State for War in regard to the new Clauses dealing with the death penalty applies also to this Clause referring to the employment of the military in aid of the civil power at times of trade disputes. Do the Government accept responsibility for resisting that Clause also, is it to be left to the free vote of the Committee during the small hours of the morning, or do the Government wish for time to make up their minds on this question also?
I understood the Secretary of State for War to say that he was going to put the Government Whips on in the case of all the Amendments on the Paper.
indicated assent.
I hope he will not be lured away from that decision by the suggestion of the hon. Member for East Edinburgh—
No, Penistone.
I beg the hon. Member's pardon for relapsing to a period before the partnership had been dissolved, but I hope the right hon. gentleman will not be lured away from his decision by the suggestion of the hon. Member for Penistone (Mr. Pringle), because this particular Clause would be more subversive to Army discipline than perhaps any other Amendment on the Paper. The right hon. gentleman nods his head, and I understand it is clear that all these Amendments will be resisted by all the forces at the disposal of the Government.
I would like to ask whether, in the consideration of this question of the death penalty, the Secretary of State for War thinks the authority he has named is more competent to deal with this question than the Committee of Imperial Defence. Seeing that our Dominion soldiers during the war, the Australian troops, who were second to none others in the war, got through without a death penalty, they might at least have their views expressed on this question.
Being responsible for a number of the Amendments on the Paper, I would like to say to the Minister that I think his arguments might hold good if he could ensure that we were going to have peace for the next twelve months. We have 200,000 people in the Army and the Air Force, and I would suggest that this House is the right place where their future and their liabilities should be discussed, rather than by a Commission composed strictly of Service men such as he has suggested. I am glad that the Government are taking time to consider the matter. They cannot throw the responsibility for this Bill on to the late Government. They knew when they took office that in April of this year they would have to introduce an Army Bill to continue the Army and Air Force (Annual) Bill. These matters have been discussed on many previous occasions. There was a Commission that reported on 29th July, 1919—nearly five years ago. There was a Minority report put up by some of the members of that Commission. In that Minority Report I find that those signing it say—
"that they would further especially recommend that the death penalty should not be awardable for as many offences as at present."
The Minority Report was signed by the present Secretary of State for War. Last year when the Army Annual Bill was before the House there was an Amendment similar to that now put forward dealing with the abolition of the death penalty. That was seconded by the hon. Gentleman, the present Financial Secretary to the War Office. This was what present members of the Government were prepared to do when they came into office. How, then, can they ask us to withdraw these Amendments? I have made pledges to my Constituents just as much as they have. I have promised to bring this matter forward. I am doing so, as a military officer, not as an academic point at all, but as the result of experience that has led me to determine that the moment I get the opportunity I would do my best to remove this hideous thing that hangs over the heads of our soldiers.
Does the statement, of the right hon. Gentleman the Secretary for War reverse the policy of the Government? A few days ago the Prime Minister dealt with the Singapore base. On that occasion he announced to the House that he was recommending a policy that was in direct conflict with the Board of Admiralty. Are we to understand that he has abandoned that policy and is he now accepting the advice of the Executive? We are asked to follow the suggestion of the Secretary for War because the Government are remitting this question to the Executive.
As one responsible for introducing, I suppose, more Army Annual Bills than any other Member, may I venture to appeal to hon. Members on this side to support the Secretary for War in the proposal that he makes to remit this matter to a Committee of the three services, and for this reason: Of course it is quite clear that this House should have the last word in the vital and important matter of the maintenance of the death penalty. It is also quite clear that the Dominions are affected. But I think in the first instance the Secretary of State is wise to remit the matter to the three services, for them to report to him and then for him to report to us. May I make this suggestion as one who has been four times responsible for this Bill, it is, as the hon. and gallant Gentleman the Member for Blackpool (Lieut. -Colonel Meyler) says, important, and therefore the more important it is that we should not arrive at it late in the evening—very likely at 2 o'clock in the morning—when everybody is tired to death. It is too big a subject without previous discussion to dispose of at a time like this. But the issue has been raised. It is an important one for the House and the Army that the Secretary of State would need a wise decision, and I hope the House will support him.
Will the inquiry that the right hon. Gentleman has announced he is going to inaugurate be confined to the questions raised in the Amendments on the Paper, or does he propose a much wider inquiry with other questions of discipline and penalties, and general control and discipline in the Army, Navy and Air Force?
As there is an Amendment standing in my name, I would just like to explain that I cannot possibly accept the proposed Committee as an alternative to moving my Amendment. There could not be found a body less in touch with the people and the rank and file of the army than the Army Council.
I am glad that the hon. Member who has just spoken has entered his protest against the constitution of this Committee. With regard to what has been said by the right hon. Gentleman (Major-General Seely), I can quite understand that his former association with the War Office and the Army makes him very tender with reference to these inquiries. The court-martial question was raised under the Coalition Government, and it was decided to have an investigation. In that case they appointed a Committee which was not exclusively departmental, because it included laymen like the Noble Lord the Member for Oxford University (Lord Hugh Cecil) and the hon. Gentleman who used to be the Member for South Hackney (Mr. Bottomley). [HON. MEMBEES: "Oh, oh!"] Whatever hon. Members above the Gangway may think, it is admitted that the gentleman who used to represent South Hackney did a great deal of valuable work during the war. I am not defending any thing Mr. Bottomley has done in connection with the matters for which he is now suffering penalties, but he did perform very valuable work in connection with this very matter of court-martials, and in consequence of that when this subject was raised here he was appointed a Member of that Committee. On that Committee they appointed the Noble Lord the Member for Oxford University and Lord Derby who had no association with any of the fighting services. My point is that the proper tribunal to consider these questions is not one exclusively belonging to the Services, and what is now suggested is actually doing less than what was done by the Coalition Government, and it is falling short even of the Coalition standard. I can quite understand why the hon. Member for Shoreditch (Mr. Thurtle) refuses to accept this Tribunal, and I hope other hon. Members will indicate that they are equally dissatisfied with the course that has been suggested. I should be pleased to have an inquiry, but the proper people to make the inquiry are not those whose minds are already made up, who are tied to the views held in the services, and who cannot bring an open mind to bear on this question.
There are many hon. Members on both sides of this House, irrespective of how they would vote to-night, who, were they appointed Members of a Committee of this kind, would listen to the evidence given, and would give an impartial and judicial finding on the basis of that evidence. I would suggest to the Cabinet that, before they set up this tribunal, they should consider its constitution, and that, instead of confining it simply to Members of the Services who have already accepted the prevailing view, they should admit civilian Members, and possibly some Members of this House, whose finding would be likely to command general confidence in every part of the House.
When hon. Members speak of the Army Council, they seem to conceive an institution which is purely military. That is not the case. One-half of the Army Council consists of civilians—
Connected with the War Office.
Surely, they who hold positions in this House, are responsible to their constituents, and occupy a public and open representative position. There is a civil side and a military side, and it is quite wrong to refer to the Army Council as a purely military organisation, a body of obscurantists whose minds cannot possibly be open to the more democratic or progressive views that are, I suppose, specially associated with certain hon. Members of this House. It ought to be remembered that the Committee, when set up, will report to the Cabinet, and the Cabinet will have to report to this House. Whether a Conservative, a Labour or a Liberal Government is in office it will have to report to this House, and surely all the matters can be gone into on that report. I fail to understand the point that the hon. Member for Hampstead (Mr. Balfour) endeavoured to elicit. I appeal to the House, and to the common sense and desire of hon. Members to get on with the business. After all, it is admitted that in time of peace the issue is an academic one, and it is admitted that there are very proper differences of opinion as to the effect of the death penalty upon the moral of the Army. I myself, in the Minority Report which I signed, and the other two members who signed it, admitted that there was a case for revising the offences for which the death penalty was imposed. The question is a very big one, and it really ought to be gone into. There would be no better time for making the inquiry than under existing conditions, and I submit to the House that we should be well advised to take away the Amendments that are on the Paper. It has been suggested that we might pick and choose among the Amendments. Every one of the Amendments which are down have a greater or less effect upon the moral and discipline of the Army. It would be impossible to make selections. All the Amendments which are likely to have an effect on the discipline of the Army will be gone into.
I was merely asking for information. I did not want to lure the right hon. Gentleman away at all.
We cannot take out one Amendment and say we will accept this and we will reject another. All the Amendments that are down will come within the competence of the authority to which I have referred and we shall get a report.
I ask leave to withdraw the Motion.
Motion, by leave, withdrawn.
On a point of Order. There was quite a volume of voices against, and I have never yet known it done by the Chairman or Speaker of the House—
I did not hear a volume of voices. I heard two or three.
When there are two or three voices, the option is left to the Chairman to ask dissentients to stand up or to take a Division.
You have admitted, Sir, that you heard several voices. Is it not the case that if there are any objections to the withdrawal of the Motion, that Motion cannot be withdrawn?
What is the ruling on that point of Order?
I put the question that it is your pleasure that the Motion be withdrawn, and I took the consensus of opinion to be that it should be withdrawn. [HON. MEMBERS: "No!"] If my ruling is not satisfactory, I presume there are methods by which it can be called in question.
Clauses 1 (Short Title) and 2 (Army Act and Air Force Act to be in force for specified times) ordered to stand part of the Bill.
CLAUSE 3. (Prices in respect of billeting.)
Motion made, and Question proposed, "That the Clause stand part of the Bill."
I only rise to ask if the words "keeper of a victualling house" are varied from what they had been previously? Can the right hon. Gentleman or the Financial Secretary tell us what lodgings and attendance to soldiers with meals furnished means. If the right hon. Gentleman will refer to the second Schedule of the principal Act, he will find details of what meals mean. I want to know if the Government can explain what lodgings and attendance to soldiers where meals are furnished means. The charge is only ten-pence a night for it. Can he explain that?
All I would say is that the scale stands this year as it was fixed last year. I think that is a fair standard to take.
I think the hon. Member ought to be able to explain the meaning of the first paragraph to the Schedule because, after all, he is responsible for the Bill. In regard to the point that the charges are unaltered, I think I am correct in saying that the cost of living is rising, and has risen more or less since the present Government came into power. These are charges which will remain in force for the next twelve months, and troops may be billeted forcibly on civilians during that period. Has the hon. Gentleman taken sufficiently into account the prospect of the rise in the cost of living making this an exceedingly onerous charge upon the civilians on whom troops are billeted. I heard only the other day of a case of an innkeeper on whom troops were billeted. He had no accommodation in his inn for them but he was told that he would have to find accommodation for them and would have to pay for it, but would only get as an allowance the sums laid down by the Act. As a result of the transaction he was considerably out of pocket.
That question will arise on the Schedule.
Clause 3 says there shall be paid to the keeper of a victualling house for the accommodation provided by him in pursuance of the Army Act the prices specified in the Schedule to this Act. I am not discussing the prices in detail, I am merely asking the hon. Member, who has informed the Committee that the whole of this Schedule has been lifted verbatim out of the Act of last year, whether the factor of the rising cost of living has been taken into account by the Government when they put the Schedule into the Bill in this form.
As compared with the prices existing in 1914 there is a very substantial increase in the amount now allowed. Broadly speaking, I should think the figures are about 60 per cent. higher than they were in 1914. As to whether any allowance has been made in the present Bill for the increase in the cost of living over last year, that is a moot point. I cannot say that we have taken the present increase into account. I can only say that as compared with 1914 the present rate is 60 per cent. higher.
This only refers to innkeepers and does not refer to civilian billeting. During the whole of last year the total amount of the cost was about £1,000. I do not know what was the experience of my predecessor, but there have been no complaints in regard to this matter during the time I have been in office. It is rather significant that there are no Amendments on the Paper dealing with it. If there had been any startling change it would be a matter for consideration, but up to the present time prices have been pretty much the same as at this time last year.
Does the hon. Member suggest that we should load the Order Paper and delay the business of the House by putting down Amendments on every question on which we seek information?
No, but on this particular matter, which has been raised many times in past years, I thought it was significant that there were no Amendments down. As there are no Amendments down and knowing the interest which hon. Members take in these matters and the strict attention which is paid to them by the noble lord the Member for Aldershot (Viscount Wolmer) it appeared to me that there are no complaints. Certainly there are no complaints by the inn-keepers. Therefore, although I had overhauled the whole matter, it did not occur to me that it was necessary to give more attention to it.
Question, "That the Clause stand part of the Bill," put, and agreed to.
Clauses 4 (Amendment of Section 173 of the Army Act), 5 (Amendment of Section 189 of the Army Act), 6 (Amendment of Section 190 of the Army Act) and 7 (Amendment of Section 189 of the Air Force Act) ordered to stand part of the Bill.
CLAUSE 8.—(Amendment of Section 44 of the Army Act)
Motion made, and Question proposed, "That the Clause stand part of the Bill."
12 M.
I beg to oppose this Clause. My first reason for doing so is because of the old system by which decorations that a man has earned in the field can be taken away for comparatively minor crimes on conviction by court-martial. I do not propose to deal with that point at any length, because there is another reason. It is stated in the explanation as to what Clause 8 means, that
"This Amendment will have the effect of rendering Naval or Air Force decorations and rewards held by persons convicted by courts-martial under the Army Act liable to forfeiture in the same manner as military decorations and rewards are at present liable."
I take it that this leaves the matter to the tender mercies of the Secretary of State for War and those who have been responsible for this Army Act, and who have overlooked their own laws and their own Amendments. The right hon. Gentleman will find that by an Army order issued in August, 1922, it is provided that certain Amendments were to be placed in the Manual of Military Law. These Amendments deal with the' question of allowing military decorations of all descriptions as defined by the Army Act to be ordered to be forfeited by a court-martial. The same applies to Orders such as the "C.B." and the "D.S.O." So the right hon. Gentleman is asking us in this Bill to add a Clause of the Army Act that is already a dead letter. Is he going to put on the Government Whips to flog a dead horse?
The right hon. Gentleman has rather misunderstood the intention. The object of this Clause is merely to bring Sub-section (11) of Section 44 of the Army Act into line by taking cognisance of Naval and Air Force decorations. If the hon. Member wanted to have this penalty done away with, he should have moved to omit the whole of Clause 11 of this Bill.
Question, "That the Clause stand part of the Bill," put, and agreed to.
Clause 9 (Amendement of s. 47 of the Army Act) ordered to stand part of the Bill.
CLAUSE 10 (Amendment of s. 174 of the Army Act)
Motion made, and Question proposed, "That the Clause stand part of the Bill."
I wish to ask the Secretary of State for War one question on a point in this Clause which is not as clear as it might be. The Section of the principal Act referred to, deals with the licensing of recreation rooms for public dances and entertainments. The purpose of this amending Clause is to insert the words
"or in any similar enactment contained in any other Act, whether public general or local or personal."
I can understand the use of the words "any similar enactment" to cover any general case which might arise, but I wish to know if it is meant to cover orders issued by Army Authorities and by Divisional Commanders. I do not, however, understand the term "personal" Act nor am I very clear as to the exact meaning of the term "local" Act in this respect. Does it refer to the order of a municipal authority?
The object of this Clause is to get over a legal difficulty which has arisen or at least is apprehended as likely to arise, owing to the fact that the previous drafting did not cover certain Amendments to the Public Health (Amendment) Act, 1890, and it was the whole intention of those provisions that the regulations to which they referred, should not apply to Army canteens and that the existing exemption should extend beyond a certain radius. The hon. and gallant Member has raised more particular objection to the words "public, general, local, or personal. "This, I take it, is purely a matter of drafting. A "local" Act is not one passed by a local authority because a local authority is an administrative body and cannot pass an Act; nor can individual persons. It is common knowledge, however, that there are public Acts, general Acts, personal Acts and local Acts, and it is to make the Clause wide enough to cover Acts which are passed in respect of particular localities or which deal with certain persons that the Amending Clause is proposed.
Question put, and agreed to.
Clause 11 (Application to Air Forces) ordered to stand part of the Bill.
NEW CLAUSE.—(Amendment of Army Act, s.4.)
In Section four of the Army Act for the words "shall on conviction by court-martial be liable to suffer death or such less punishment as is in this Act mentioned" there shall be substituted the words "shall on conviction by court-martial be liable to be kept in penal servitude for life or any shorter period not less than three years, or to such less punishment as is in this Act mentioned."—[ Mr. Thurtle. ]
Brought up, and read the First Time.
I beg to move "That the Clause be read a Second Time."
I think it would be convenient if I stated now that there are further Amendments on the Order Paper in the name of the hon. and gallant Member for Blackpool (Lieut.-Colonel Meyler), all of which deal with the same point of the death penalty. I think it would be convenient to the Committee if we had a discussion on this proposed New Clause, and if the other Amendments were then taken formally without discussion.
In moving this New Clause, I am happy to think that an Amendment in precisely similar terms was moved last year by the Financial Secretary to the War Office. If the discussion is said to 'be academic now, it was no less academic then. The Amendment then received no fewer than a hundred votes, which were largely composed of members of my own party. The object of this Amendment is to abolish the death penalty, and I think there ought to be a tremendous amount of support in this Committee for this proposal. At the Labour party conference last year there was a unanimous vote passed in favour of the abolition of the death penalty so far as civil offences are concerned. A petition was presented to this House two or three days ago by an hon. Member below the Gangway, and it was received with general applause in the House, which also had for its object the abolition of the death penalty in the case of civil offences. I submit that if there be a case for the abolition of the death penalty in connection with civil offences, there is a ten times stronger case for the abolition of the penalty in connection with military offences. It is a generally accepted theory that one ought to punish less severely crimes which are due to weakness rather than those which are due to malice, shall we say. I have excellent authority for that. More than 200 years ago Montaigne, discussing the question of cowardice, said that we ought to differentiate between an offence of this kind which arises from human weakness and an offence of another kind which does not arise from human weakness; and it is along those lines that I propose to develop my argument.
I would say that this is essentially a question for the rank and file. I hope I may voice, as I think I can voice, the feelings of the rank and file of the British Army, of ex-service men, and of the great bulk of the men and women of this country in regard to this question. There may have been just a few executions in the course of the War of commissioned officers, but they where very few indeed, find the great bulk of the victims of this penalty where members of the other ranks. Certainly, if we go higher into the military hierarchy, we find that there were no people who paid this penalty. As far as I can gather, since Admiral Byng was executed there has been no General or Admiral or person of that kind who has paid that penalty.
They do not run away.
They never get near the firing line. It may be that the other countries have acted somewhat differently from this country. I do not know if it is true, but I have been told that in the French Army several officers of high rank were executed for grave dereliction of duty. In the British Army it is the hapless other ranks who pay this penalty and hardly anybody else. What is the motive which is behind this penalty? I can put it very shortly in the cynical phrase of Voltaire, which he used in connection with the execution of Admiral Byng. He said that we shot these people was duly carried out". That was read out on parade. You found notices like that stuck up at the base depot. What was the object of that? It was merely to convey in stark, deliberate language to the British soldier that if he did not fight, if his nerve failed him, if he did not do all the things that he was asked to do, whether Nature had fitted him for it or not, he would have to suffer this very dread penalty. [HON. MEMBERS: "Quite right!"] I treat that remark with contempt. To the ordinary decent-minded man or woman it is revolting that this kind of thing should take place.
Now we come to the real issue in connection with this question. It is a question of cowardice. I submit that you cannot say that cowardice springs from any vicious tendency. It is very largely a matter of natural endowment so far as nervous strength is concerned. There are some people with a very strong nervous system who are able to endure intense bombardments and things of that sort without losing their nerves. There are other people who, subject to the same test, collapse; their nerves give way. Is it playing the game, if you have a man like this, handicapped by nature, and put him to a severe test and he fails—is it playing the game to riddle that man's body with the bullets of his fellow countrymen? If we are going to accept the theory that nerve failure is the cause, by what right are we going to execute this man? I know that in the Army there was no feeling of bitterness, no feeling of resentment towards these victims of martial law. You heard of them and you were sorry. Every man who was in the Army, who was in the front line at any rate, knew what a very slight margin there was to separate the hero, the wounded and the unwounded hero, from the poor wretch who had to face a firing squad in the grey dawn. He knew that, and he never reviled or reproached that comrade. He was sorry for him. He said "Poor blighter," in sorrow, and not in anger.
I remember reading in history that when one of the Tyburn carts was rolling up, taking someone to execution, an honest man in the crowd said, "But for the grace of God, there go I." Frequently I know that members of the British Army, when they have heard of an execution of this sort, have said to themselves: "But for a little stronger nervous system, but, possibly, for a fuller stomach"—for it comes down to that sometimes—" but for an extra tot of rum, but for a little stronger moral fibre, I should be in his place," and because of that there never was any tendency on the part of a man's comrades to reproach or to revile such a victim. What we always felt—and I have put this to thousands of ex-Service men—was this, that the responsibility for that tragedy did not rest with the victim himself, but with the system which had asked him to endure more than Nature had ever fitted him to endure.
May I give one or two illustrations of this kind of thing? I met two padres in France, and they talked to me about exe cutions, and each one gave an illustration of an execution he had witnessed. One was the case of a man who had received bad news from his wife. He left the line, went down, and was captured, tried, sentenced, and executed. The padre, who was present, told me that as the word was given for the firing squad to do its work, that man squared his shoulders and filled his lungs, and faced the volley as any V.C. might face a volley. I submit—
Surely the hon. Member knows that the greatest possible care was taken in all cases that there should be a thorough investigation, and that cases had to go before the Commander-in-Chief? How are we to know that this is not a sentimental story patched up?
I am relying upon the word of a British officer, a chaplain, who had no particular motive for telling me this kind of thing, and he did tell it to me. The other case—but if you will not accept hearsay evidence of these cases perhaps I had better not give it. [HON. MEMBERS: "Go on!"]—I think I am entitled to give it. It is a case of absolute nerve failure. The man was in such a state of collapse that he actually had to be tied up to the stake in order to be executed. Would any man contend that that was not a case of absolute nerve failure? There was a case in my own battalion of a corporal who went out in charge of a Lewis gun team to occupy a post which we occupied only in the daytime. The enemy got there first, the team was surprised, lost one or two casualties and a couple of prisoners, and the corporal came back with about two men. He was very badly shaken. His nerves were upset, and he was asked by an officer—I do not think this officer was typical of the ordinary officer—to take another team out. In my experience, most officers would have taken the team out themselves. Anyhow, he was asked to take another team out, and he said he could not. He was pressed to do it, and he refused. He was taken up to the court-martial, and his life was saved, but it was saved only because of the fact that some time before, by an act of considerable bravery, he had won the Military medal. Had it not been for that fact, that man would have been shot as others were shot. [An HON. MEMBER: "How do you know?"]. Because a fellow officer of mine happened to be acting as the prisoner's friend on this occasion, and he told me exactly the course that the court-martial was taking.
Is it not a fact that under the orders in force during the war no man could be tried by court-martial for an accident at his post or failure to fulfill any duty, without the most careful inquiry into the number of hours spent on duty, and that if they were in excess of a certain percentage, no charge whatever could be levelled against a man?
It may be so and that those facts were all taken into consideration, but it does not destroy the illustration that I am endeavouring to make, and I submit that, had it not been for the mere chance that that man had won the military medal, that man, although it was no fault of his own, would have been executed as one who had failed to do his duty. There is one other illustration. There was a battalion—I confess that, although I have letters at home establishing this, it did not happen within my own experience, and if the House does not care to believe what I say it need not do so—there was a battalion, I say, in the line near Arras, which had had about 18 months of heavy fighting. There had been numerous raids by the enemy, and they had been somewhat successful. Brigade headquarters and divisional headquarters became annoyed, and a message was sent up to the battalion that if another raid happened someone was, in Army language, going to be "for it." A few days later, in darkness and drizzle, another raid did take place, and one or two prisoners were obtained by the enemy. An enquiry was ordered, arrests were made, a court-martial took place, and one sergeant and two corporals were executed as a result of that.
Will the hon. Member give the number of the battalion, brigade, and division?
:I can get the name of—[ Interruption ].
If the hon. Member quotes a case like that, he ought to give full particulars.
I cannot quote them. I make the hon. and gallant Member a present of the fact that I cannot quote the details for the moment.
Withdraw then!
Will the hon. Member give me those names to-morrow?
Why you?
That particular sergeant came from the north of England. He was married, and had a family. He had left a well-paid job, but, in spite of that, here he was put up before a firing squad of his own comrades, and shot in cold blood.
No, he was not.
I will not take very much longer, but I want to say this. There seems to be a tendency in the House to doubt this question of nerve feeling, to doubt the possibility of an ordinary civilised man being subjected to the kind of strain which modern war imposes upon him. [An HON. MEMBER: "Not a bit!"] I do not know what the right hon. Member for Hillhead (Sir R. Home) knows about this business.
I do not want to go into the subject personally. But what I do say is this. The hon. Gentleman has been making most serious charges against a very honourable body of people. He has adduced nothing except hearsay evidence and that in the mind of a lawyer is not a proper way to treat the House of Commons.
I was going to—
Is it not a fact that within the rules of the House that an hon. Member ought to be allowed to make his statement and the other side can refute that statement if it likes.
But I was challenged.
The hon. Member gave way, and the right hon. Gentleman is entitled to make an explanation.
I was going to develop that point, that it is a mere platitude to say that war tends to become more and more terrible and to impose an infinitely greater strain upon the ordinary human system. There are military experts on the other side. I put this point to them. An infantry man might have had sufficient nerve to carry himself with credit and to fight with distinction in the Peninsula campaign, and yet a man with exactly the same kind of nervous equipment might have become a nervous and physical wreck under Haig in Flanders. I submit that there were undoubtedly a large number of these 264 men who were executed, who were shot for nerve failure of one form or another. It is a psychological point. I do not know who is the psychologist who is going to define when nerve failure ends and when cowardice begins. We had a very superior person on these Benches the other week who treated us to a lecture on pathology, who told us that the horrors of war had been very largely exaggerated. He said there was really no antithesis between war and peace. But I was establishing the point that it is impossible to say when cowardice begins and nerve failure ends, or the other way about. You cannot possibly say to any man, if he leaves the line in a comparatively peaceful time—you cannot say that leaving the line is not connected with nerve trouble. There is a whole theory built up in connection with shell shock which establishes the point I am trying to make. As a last resort the justification for this penalty is that it is absolutely necessary in order to maintain discipline. I find that the hon. Member for Bury St. Edmunds (Lieut.-Colonel Guinness), in the Debate last year, urged that we could not do away with this safeguard, and he instanced cases to show that where the death penalty had been suspended for the time being cases of cowardice and desertion increased. If this is the justification, it comes down to this: you cannot get men to continue fighting by virtue of their patriotism; you cannot get them to continue fighting by virtue of their belief in the justice of their cause. What you do to them is this: you say you must continue fighting because over your heads all the time we hold the threat that if you do not fight we will see that you are shot by your own comrades in cold blood.
I submit to the Committee that if that be the position and you ask me what is the alternative, I am not prepared to offer an alternative; but I am prepared to say this: that if you can only get men to fight by means of a threat of that sort then you have no right to ask them to fight at all. So far as I know it has never yet been admitted by anyone that there is any right to kill innocent men for any purpose whatsoever and the maintenance of the death penalty and the application of the death penalty in time of war must of necessity mean the killing of innocent men, and that is why we want to stop it. Men who go out as I have seen them—I had a boy in my own company: we were out on a night patrol [An HON. MEMBER: "More sob stuff"; and HON. MEMBERS: "Shame"!]. Someone says more sob stuff. Well, I will dispense with the sob stuff and I will say this, the death penalty led to the destruction or to the killing of innocent men and I submit that it does lead to the killing of innocent men because they are men who in the demands which the battle field makes upon them, not from any fault of their own, but simply because of their physique and their nervous system cannot help failing, and to execute men of that sore — however you may try to camouflage it — is to kill innocent men. And I tell you this: that if you go to any body of men and women in this country and you put these facts before them they will say these men are innocent and no manual of military law, no Army Act, will ever persuade them otherwise. I am going to end my argument by saying this. The opinion in this House apparently is distinctly hostile, but there is a wider tribunal than this House, and I am perfectly certain that outside, so far as ordinary men and women are concerned, the people whose opinion we ought to interpret—so far as these men and women are concerned—they are ready for this change in military law. This death penalty is a barbarous survival of days that are past. It is inhuman, it is unjust, and according to ordinary human standards of justice it is indefensible; and therefore I have much pleasure in moving.
I think it is a very regrettable feature of these Debates that they are used as an opportunity of libelling the humanity of our military commanders. Last year and this year we have had a catalogue of hearsay cases; last year and this year speakers have been asked to substantiate the accusations; they either cannot or will not do it. In the War many such allegations were made, and when challenges were thrown out to substantiate them it was said that this could not be done owing to the Censor. They said they could not give details. There is no such excuse now, and it is the duty of any Member who is in the possession of facts such as those alleged by the hon. Member for Shoreditch (Mr. Thurtle) to give them to this House, or, if he is so oblivious to the natural feeling of this House on a matter of this kind as not to have brought them with him, he should surely give them to the Secretary of State for War, so that he may inquire into these cases. What does his attack amount to? That there were wholesale executions in the British Army. [HON. MEMBERS: "64!" "No!"] He said that in certain cases men would have been shot inevitably if special cause had not been shown to let them off. [HON. MEMBERS: "One case!"] Does he know that in 89 per cent. of the cases where a court-martial imposed the death penalty the sentence was commuted? Does it look like wholesale inhumanity where in nine cases out of 10 the death penalty was remitted to penal servitude? As a matter of fact, the death penalty was only imposed after the most careful and anxious consideration by six different authorities—the Battalion Commander, the Brigade Commander, the Divisional Commander, the Corps Commander, the Army Commander, and lastly the Commander-in-Chief. There was also an independent examination by the Deputy-Judge-Advocate-General. These death penalties were only allowed to be carried out when the state of discipline in the unit made it necessary. The hon. Member disputed that argument which I put forward last year. Well, if he will read the despatches of the Duke of Wellington, if he will read the experience of Lord Roberts in the South African War, he will see that these humane Commanders did relax the execution of the death penalty, with the result that the crimes for which it had been imposed increased, and it was clearly shown—I can give the facts, and they were referred to in the Darling Committee Report, which showed clearly that in campaign after campaign these military offences did react to the death penalty.
On a point of Order. Will the right hon. Member lay the Report of this Committee on the Table?
It is not necessary to lay it on the Table. The hon. Member can buy them in the Sales Office. The hon. Member for Shoreditch has misconceived the object of the capital penalty. The object of the death penalty is not vindictive but preventative. The death penalty in war is a terribly exemplary form of punishment. He compared it with the death penalty in civil offences, and said there was a much greater reason for it in civil offences. I disagree. After all, if capital punishment is carried out in time of peace it is a crime where mere individuals are in danger. Whereas in war the whole State may be endangered. He laid much stress on one side, the terrible suffering of the unfortunate man who as an example to others has to be shot. He did not say anything of the terrible penalties of lack of discipline, the terrible results to military operations when human nerves and human intelligence crack and the military position is lost because there is no proper discipline. in the Army. I am not a criminalogist, but I suppose all crime can be traced to a form of nerve abnormality or nerve trouble. [HON. MEMBERS: "No!"] But this particular form of nerve trouble is, according to experience, controllable, and there is no substitute for the death penalty.
The hon. Member in his Amendment proposes to substitute penal servitude, but penal servitude, far from being a punishment, is a delightful relief. It means that a man is kept safe in a comfortable place during the War, with the certainty that at the end of the War he will be subject to the amnesty. If there were any effective alternative, I would not dream of suggesting that you must not abolish any punishment which is unnecessary; but no alternative in the form of imprisonment is any punishment at all as a choice, when a man is in the trenches and subject to appalling danger, discomfort and fatigue day by day. The hon. Member said there was a wider tribunal. I agree. There is the wider tribunal of the men who fought in the War. Hon. Members of his party appealed to that tribunal last year and I do not think the soldiers thanked them for it. War is admittedly an unpleasant job, and it cannot be done without discipline. I think it is a cruel blow at the Army and this nation if it finds itself under the necessity of again asking the Army to defend it to take away one of the greatest sanctions of discipline in the War.
There was a time when one of the penalties imposed upon soldiers was that of flogging. That was removed by this House and not by the Army Council, and from what I have read of the debates at that time it appears that it was stated by many hon. Members that without that punishment the army would go to the dogs. There was another form of punishment that was imposed in the army that this House saw fit to remove last year. It was again said that discipline would never be maintained without the form of punishment known as Field Punishment No. 1, but the House was wise enough last year to remove that form of punishment. It was in keeping with the times that those brutal punishments should be removed one by one, and I think that five years after the Great War we can consider removing this other form of punishment, the death penalty. During the late War, which lasted for four years, there were something like 8,000,000 people under arms on the British side, and out of those 8,000,000 people we are told that only 360 men were shot by orders of Courts-Martial, and out of those 360 forty were shot for murder. It is not proposed in this Amendment to remove the death penalty in the case of murder so that we can say that only 320 men out of 8,000,000 were executed during the War for offences of a military nature under the Army Act. I have looked into the number of offences set out in the Army Act for which the death penalty can be imposed, and I find there are 27 of them, and out of those 27 only eight of the offences led to the death penalty. What logical argument have we got for keeping on the death penalty in the other 19 cases which it was unnecessary to use throughout the War?
Has it ever struck hon. Members who are opposing this Amendment that it is only a small portion of the army that is brought into close contact with the enemy. The great bulk of the army is away behind. The people at the front bear the whole brunt of the fighting. They are in the dangerous places, but they get exactly the same pay as those who are in what soldiers call "cushy" jobs behind, and they have this penalty hanging over their heads the whole of the time. They have not been so clever as some others. I would point out that it is the men who are clever who get away if they have committed an offence for which they can be shot, and they take very good care to keep out of the way until the war is over. I do not want to deal in sentimental stories and any I do tell are ones of which I have first hand knowledge, and I do claim that I have a right to repeat these. Even if hon. Members opposite are not inclined to listen, there are other people who are. There are the parents of those who were executed during the war, poor people who had their shame put upon them, and they are the mothers of the recruits we are asking to go into the army to-day. That is one set of people who would hesitate to send their boys into any formation where there was this possibility, and I do claim that it is better generally for the whole morale of the army that this thing should be removed. I claim that at this stage that is a fitting reward to those who have served their country so well that we should take away the stigma that it was necessary to use this horrible thing as a preventive. My experience was that it was no preventive whatever, and I think that is the experience of many other officers.
There are a few people in this House who have been brought into close contact with what took place when there had to be an execution by order of a court-martial. The case I am going to mention first is the case of a weakling soldier, from one of the great cities, one who was taken into the Army because he volunteered in the very early days. The execution took place either at the end of January or in February, 1915, after he had served through that very unpleasant period, the first winter of the war.
What was the Division?
1.0 A.M.
He belonged to the battalion with which I was serving at that time, but I am not going to give the name of the regiment, brigade or division. I do not believe in parading the names either of the regiments or of the unfortunate men. This man was charged with having failed to join his company when going up to the line. At that time the men were in the line actually 30 hours only. Thirty hours later he was found in a dug-out. At the court-martial there were no legal advisers in those days, and this man was without any legal advice. He was really a boy of 18 or 19. He had no defence except from an officer who was absolutely inexperienced in legal matters. There was no direct evidence that this man had been warned that his company were to go into the trenches that night. There was circumstantial evidence, but there was no legal man to refute it, and the circumstantial evidence was sufficient for the Court to find him guilty, and he was sentenced to death. In the usual course, the proceedings were sent away through the usual channels to General Headquarters. That was a slow process, and during the time this man's company went up to the line and he was taken with them under escort. That was usual, they had no other place to put him. He served a period of three days in the line, mixing with the others. He was under arrest, but he was there with the others, took his food with the others, and spent his days in the line 100 yards from the German trenches. Then the battalion marched back. They had a long way to go and arrived about midnight on this occasion. Just a little before they arrived there were delays. We wondered why, but we found out. The Adjutant rode up and went to the Commanding Officer and told him that this death sentence had been confirmed, and that the man was to be shot at dawn. I was ordered to detail a firing party, and I did, and that firing party came from Company A of a battalion and shot this man next morning who came from Company B of the same battalion. You may say the Regulations do not allow that to be done. I have seen it done myself. We went back that night and we had to make those horrible arrangements and it was only on his arrival back that the man was told. He had no idea he was under any risk of being shot. In the morning at 6.30 three battalions from the brigade were marched out and when the sentence of the court-martial was read one of his comrades dropped in a dead faint. As the battalion stood on parade to march off we heard the rattle of the volley that killed him. Do you think that any one of us was going to be alarmed; that it was going to be a deterrent to any other people, that sort of thing? Think of the terrible position of these men, his comrades. I had my duty to perform. I was president of that court-martial as well as the officer who had charge of him in the line and had to detail the firing party. Do you think it did my moral any good? It was a good many years now: it is more than nine years ago and I have not forgotten any detail of it. I have waited my opportunity to bring it up.
Were you president of the court-martial?
I was president of the Field General Court-Martial. I was the Officer who had charge of the man in the line and the officer who detailed the firing party. [HON. MEMBERS: "Absolutely irregular!"]
Was that a regular proceeding?
I was fighting in the line. I had no copy of the Manual of Military Law with me. I had a rifle or revolver in those days. The hon. and gallant Member for Bournemouth (Sir H. Croft) says I was responsible. How about these six other people who had to deal with these court-martial proceedings. We have heard so much about these six other bodies who made it quite impossible for anybody to be shot unless he deserved it. I will tell you something else about that. I was called to Brigade Headquarters before I ever sat on that court-martial and I was told that General Headquarters expected that the court-martial, if it found the man guilty, would sentence him to death and leave it to them to decide if it was to be carried out. Was I lacking in my duty. It was a still more unpleasant duty for those men who formed the firing squad and these are the people I am sorry for. When there are only 310 men who have to go through this ordeal surely it is time, when the morale of the Army is high enough, to do away with this thing altogether. If there are mistakes made, that is all the more reason for doing away with it.
There were other people who managed to get away from their battalions and were never found. Nothing was done to them afterwards. I remember another case of a man charged with exactly the same offence. The court-martial only sentenced him to two years imprisonment. That man had his sentence suspended, which is always the thing that happens in war. You do not send them to have a soft time in penal servitude. They are attached to a battalion under escort and taken up to the line. This man let off with two years was sent up. He was frequently sent into No Man's Land, this man who had shown cowardice. He began gradually to pull himself together. He was a big strong man and after he had been doing this for a little time his commanding officer was able to report that he was a good soldier, now doing his work well, and that he was quite pleased with him. Then the sentence was remitted altogether. I do not know what happened to that man and if he survived the war, but he was given the chance of making a man of himself by the fact that the one court-martial gave him two years, whereas the other might have imposed the death sentence. He might have been shot and had no chance of making good.
Why did you not, as president of the court martial, treat the first man the same as the second?
I was not on the second court-martial.
You were on the first. Why did you sentence the weakling?
I have told you why I did it. I did it because it was pointed out as my duty, and where is your argument of the six channels through which proceedings go?
You were the first channel.
I have told what you may regard as a sentimental story. Perhaps it will be published, and we shall hear somebody in the future say it can be bought for twopence. It can be bought for sixpence to-morrow, when the OFFICIAL REPORT of these Debates is available. I would ask hon. Members who object to this to buy these Debates and send them to the women who are electors in their divisions; to send them to the ex-soldiers, because I entirely agree with the hon. Member for Shoreditch (Mr. Thurtle) that ex-soldiers are totally opposed to this thing. I am referring, not to the senior officers, because I know they have the idea and many of them think that they are affecting the psychology of the soldiers. It was those who lived cheek by jowl with the soldiers who knew the real psychology of the soldiers. You train your soldiers not to be impressed by fear, to despise fear, and then you go and bring out a thing like this death sentence, which is supposed to improve their discipline by means of fear. The whole thing is illogical. It is entirely unnecessary and it should be discontinued at once.
I have listened to the reasoned speech of the hon. Member for Shoreditch (Mr. Thurtle) and also to the hon. Member who has just sat down. They are speeches which cannot be answered in any possible way by such speeches as we have had from the hon. and gallant Member for Bury St. Edmunds (Lieut.-Col. Guinness). He asked when the hon. Member for Shore-ditch sat down as to whether the Committee was to be expected to come to a judgment upon hearsay cases. He has had not only hearsay cases but he has also had cases with which the hon. Member who has just sat down has had practical experience. I did not hear any kind of approval or disapproval on the other aide when he was giving those actual cases to indicate what hon. Members and right hon. Members opposite thought about the matter. And when one comes to realise on what a slender thread the life and death of these poor fellows often depends then one realises that even if only one in ten of the sentences that are promulgated are carried out that is one in ten too many. Some of the Members of this Committee who were in the House in 1919 will perhaps remember another very personal case that was given to the House by an hon. and gallant Member who then sat for North West Hull. I desire, if I may, to quote the statement which he then made of his own personal experience as it actually affected him while he was in the army. His statement has never been refuted. He wais speaking on the question of the war graves of the men who had died in action and he was asking that so far as those graves were concerned the same care should be given to the graves of the men who had been shot for desertion and he said:
"I should like to obtain an assurance from the Secretary for War that there shall be no difference made between the graves of those men who were killed in action or died of wounds or disease and those unfortunate men who paid the penalty of their lives under Sections 4 and 12 of the Army Act or who, in other words, were tried by court-martial and shot for cowardice or desertion in face of the enemy. I bring this forward because it has been on my conscience for some time."
And he continued:—
"Unfortunately during the very early days of the War, the early winter of 1914, it was my unfortunate duty to sit on a court-martial at which five men were sentenced to death. I do not know in how many cases that sentence was commuted. I felt I could not inquire, and I thought it better not to ask, but now that the War is over I want, if possible, to make amendment, because during the whole sitting of that Court I had an uncomfortable feeling that even with my limited knowledge of law I could have got each one of those men off on a technicality if I had been in a position to act as a friend. I knew nothing about courts-martial in those days. What does an ordinary Territorial captain know about courts-martial? Nothing, less than nothing. I was sitting on a court-martial for this reason, that the brigade had been decimated; indeed, it had been practically annihilated."
He further said:—
"I ask the House not to dismiss this petition by the remark that these men were cowards and deserved their fate. They were not cowards."
That is the statement of a man who actually took part in a court-martial, who was forced by circumstances to take part without adequate knowledge of the procedure of a court-martial or what was contained in the Manual of Military Law. I want to suggest that the hon. and gallant Member for Bury St. Edmunds does not by any means meet the case which has been put by this side. He should read the speeches he made in last year's Debate on the Committee stage of the Army Act. It was not only the Members of the House who have served in the Army who have a right to be heard, even from the Army standpoint, but the great public outside who never served in the Army from one reason or another. Public opinion in the country to-day had been built up since the War, and that public opinion has a right to be heard and to make its claim with regard to this matter. I want to suggest that public opinion to-day is entirely in favour of the removal of the death penalty, not only in civil cases, but even more so in cases of men in the Army. Public opinion is greatly changing. There was a time during the War when the views which I hold were most unpopular. The time has come when the opinions I hold are becoming more and more popular throughout the whole country. We have men on the Treasury Bench who hold views which I held during the War, and they are there with the approval of the people of the country and who neither the hon. Members below the Gangway or the hon. Members opposite dare turn out of office and are only too anxious to keep in office.
You voted for the cruisers.
This house has only voted once on cruisers.
No, twice.
The first time that matter was raised under a misapprehension and the hon. and learned Member—
On a point of Order. Has the question of cruisers for the British Navy anything to do with the Army Annual Act.
I am afraid the question of cruisers cannot possibly come within the discussion.
I can assure you that I have no desire but to keep strictly to the terms of the New Clause which have been moved by the hon. Member for Shore-ditch. I was saying that public opinion has changed. Even the position that is now held by the hon. Member for Penistone (Mr. Pringle) and his party shows how radically public opinion is changing and to what extent his party is feeling the effect of that change. Opinion was changing with regard to capital punishment for men in the army and those of us who have been in our elections largely supported by ex-service men, those of us who are here representing at all events a very large section of public opinion, want to say emphatically and with all the earnestness we have at our command that we believe that that body of public opinion is more and more going to demand that there shall be no death penalty for men who join the army. My right hon. Friend the Member for Bury St. Edmunds will, I think, admit that human judgment is fallible, that no man's life ought to be at the mercy of a fallible human judgment especially acting as it does act without the manual of military law at the disposal of the presidents of Courts-Martial and especially when it depends upon Territorial officers who have no experience whatever of Courts-Martial or the Manual of Military Law. I want also to suggest that to ask a fine soldier at dawn of day to shoot down a man who might have been a comrade and whom they, in their own hearts, may believe to be absolutely innocent but suffering from momentary weakness, is to ask them to do a degrading service which none of them have any desire to do and would gladly get out of it if it were possible to find a way. Finally, I want to say that so far as the death penalty is concerned it is no deterrent. [ Interruption ] Perhaps I can have the attention of the Committee instead of the cross-firing that is going on. The death penalty has not proved a deterrent in peace time. We have discovered that as the death penalty in peace has been removed among the civilian population so have the crimes for what it was imposed discovered. But when men are in great mental stress and act without any thought of consequences it is absurd to think that the death penalty will be any deterrent. I hope the Committee will put itself in line with modern humane opinion and that they will vote in favour of the new Clause.
Allegations have been made not only against the Manual of Military Law, but also against the carrying out of the Manual during the late War. The hon. Member for Shoreditch (Mr. Thurtle) could not substantiate his instances, but the hon. Member for Blackpool (Lieut.-Colonel Meyler) who followed him made a most serious allegation in my opinion. He put forward an instance of which he said he had personal experience and which appears to me to be a most irregular instance. He put forward the case of a man in his own battalion, under his own command. [ Interruption. ] He said he was in charge of the battalion. At any rate he was president of the Court Martial and he ordered the firing party from his own battalion. The man was shot the next morning. Altogether it was a most irregular case. [HON. MEMBERS: "No!"] I think the Secretary of State for War ought to make inquiries into that particular case, because the hon. and gallant Member has made a very serious allegation against the carrying out of the Manual of Military Law. I think the hon. Member who moved this new Clause made a great mistake in not accepting the Secretary of State's advice to refer this matter to the Army Council. [HON. MEMBERS: "Why?"] The Army Council are the people who are mainly responsible for the discipline of the Army, and it is only right that this House, before debating such an important matter as this, should have the opinion of the Army Council. After all, who are the men most entitled to speak on the subject but the people who have themselves been subject to military law?
I think this annual pinprick at the Manual of Military Law as it stands does a great deal of harm to the discipline of the Army. The point which I think has been rather lost by most hon. Members in this Debate is that this death penalty does not apply to 999 cases out of every 1,000 in the Army. In the Army 999 out of every 1,000 would sooner die the most appalling death than run away even if they got a free ticket to England. If the Army consisted of the average soldier you could scrap the Manual and the death penalty, but it does not consist of the average soldier, and you have to cater for the one man in a thousand who is liable to the weakness of human nature and who gives way in the face of the enemy. The people who have been in action realise the infectiousness of the terrible harm which panic will do in battle, and that retrograde movement of the single man may carry back the whole division and the whole Army Corps and lose a most important fight. Hon. Members who have not had experience under fire will perhaps have had experience of panic in a crowd, but experience under fire is a thousand times worse. You must guard against this with the strongest code of military discipline. To refer back to the Army Council for one moment because there seems to be some hostility, the hon. Member who moved this Amendment stated that the Army Council were men who were entirely out of touch with the feelings of the rank and file on this question. He had not the slighest evidence for that statement. The members of the Army Council are in touch almost day by day with the rank and file. They have been in the lower ranks themselves.
Does the hon. Member mean to suggest that the members of the Army Council have actually served as other ranks?
What about Sir William Robertson? I venture to say that the Army Council have much more authority to judge in this matter than the committee to which the hon. Member for Penistone (Mr. Pringle) referred. He referred to some work which was done during the War by the late hon. Member for South Hackney (Mr. Bottomley). I remember that that particular gentleman during the War put forward some most fictitious cases in his paper, "John Bull," in regard to this particular point. When these were inquired into it was found that there was not the smallest ground of evidence for a single one of them.
The Government granted an inquiry.
Certainly, and it was found that in every case he put forward in "John Bull" there was no evidence at all. Another point which has been lost sight of by the hon. Member for Shoreditch is that the Commander-in-Chief is the final authority in these cases; that he can quash any case which he thinks is not justified, and, in fact, during the War 89 per cent. of these cases were quashed. The whole point of this question of the extreme penalty is reserved to the extreme head, and if you do not reserve it to the extreme head you are doing a great deal of harm to Army discipline. The hon. and gallant Member for Blackpool (Lieut.-Colonel Meyler) said if this death penalty was not done away with the mothers of this country would no longer send their sons into the Army. Has the death penalty in the past been any deterrent to the mothers of this country sending their sons into the Army? The hon. Member for Shoreditch said that because war had become more severe the strain on the nervous system was much greater than in the past. To my mind that is an added argument for the retention of the death penalty.
Has the hon. and gallant Gentleman given the slightest consideration to the difference in individual cases in regard to the nervous system, and how they may be differently affected by the same conditions?
That is the reason why every single case is most carefully inquired into, not only by the Battalion Commander, the Brigade Commander, the Divisional Commander, the Corps Commander, but finally by the Commander-in-Chief before sentence is confirmed, and I will guarantee that there was no single case of abuse throughout the whole War. No one wants the death sentence, but it has got to be, and without it a great deal of harm will be done to the Army. The right hon. Member for Bury St. Edmunds (Lieut.-Colonel Guinness) said there is nothing humane about war, and I should say that the hon. Member who moved this Motion would do very much more good if he tried to avoid future wars. But if you do have war you must have the strictest discipline. The hon. Member for Shoreditch said that the man who was shot for desertion or cowardice was probably a brave man. But what about contra espionage? It is granted that in time of war you must have the strictest precautions against leakage of information. You have to shoot every enemy spy, otherwise you would have a terrible leakage of information. If the man who was shot for cowardice was a brave man, how much braver is the spy who takes his life into his hands? I do not think that the hon. Member for Shoreditch could say you could do away with the death penalty in the case of the enemy spy, but he proposes to do away with it in the case of the man who is less brave. If you do away with it in one case, you must do away with it in the other. I hope the hon. Member will withdraw his Amendment because I am certain these Debates do no good. They only tend to bring this House into greater ridicule in the eyes of the Army than it is held in already. Hon. Members who know nothing about the case get up and talk and do a great deal of harm.
rose in his place, and claimed to move, "That the Question be now put."
Question put, "That the Question be now put."
The Committee divided: Ayes, 239; Noes, 120.
Division No. 38.] AYES. [1.38 a.m. Adamson, Rt. Hon. William Eyres-Monsell, Com. Rt. Hon. B. M. Macnaghten, Hon. Sir Malcolm Adamson, W. M. (Staff., Cannock) Ferguson, H. Makins, Brigadier-General E. Ainsworth, Captain Charles FitzRoy, Capt. Hon. Edward. A. Marley, James Alexander, A. V. (Sheffield, Hillsbro') Forestier-Walker, L. Mason, Lieut.-Col. Glyn K. Alexander, Brg.-Gen. Sir W. (Glas. C.) Gardner, B. W. (West Ham, Upton) Middleton, G. Amery, Rt. Hon. Leopold C. M. S. Gates, Percy Mills, J. E. Ammon, Charles George Gavan-Duffy, Thomas Moore-Brabazon, Lieut.-Col. J. T. C. Aske, Sir Robert William Gibbs. Col. Rt. Hon. George Abraham Morrison, Herbert (Hackney, South) Astor, Maj. Hon. John J. (Kent, Dover) Gilmour, Colonel Rt. Hon. Sir John Morrison-Bell, Major Sir A. C. (Honiton) Attlee, Major Clement R. Gosling, Harry Murray, Robert Austin, Sir Herbert Gould, Frederick (Somerset, Frome) Naylor, T. E. Baird, Major Rt. Hon. Sir John L. Gould, James C. (Cardiff, Central) Newman, Sir R. H. S. D. L. (Exeter) Baldwin, Rt. Hon. Stanley Greenall, T. Nicholson, O. (Westminster) Balfour, George (Hampstead) Greene, W. P. Crawford Nixon, H. Barnston, Major Sir Harry Greenwood, A. (Nelson and Colne) Oliver, George Harold Becker, Harry Grenfell, D. R. (Glamorgan) Ormsby-Gore, Hon. William Betterton, Henry B. Grigg, Lieut.-Col. Sir Edward W. M. Paling, W. Blades, Sir George Rowland Groves, T. Palmer, E. T. Blundell, F. N. Guest, Dr. L. Haden (Southwark, N.) Parkinson, John Allen (Wigan) Bondfield, Margaret Guinness, Lieut.-Col. Rt. Hon. W. E. Pennefather, Sir John Bowater, Sir T. Vansittart Gwynne, Rupert S. Penny, Frederick George Bowyer, Capt. G. E. W. Hacking, Captain Douglas H. Percy, Lord Eustace (Hastings) Brass, Captain W. Hall, Lieut.-Col. Sir F. (Dulwich) Perkins, Colonel E. K. Bridgeman, Rt. Hon. William Clive Hannon, Patrick Joseph Henry Philipson, Mabel Briscoe, Captain Richard George Harmsworth, Hon. E. C. (Kent) Pielou, D. P. Brittain, Sir Harry Hartington, Marquess of Potts, John S. Brown, James (Ayr and Bute) Hartshorn, Rt. Hon. Vernon Pownall, Lieut.-Colonel Assheton Buckle, J. Harvey, C. M. B. (Aberd'n & Kincardne) Purcell, A. A. Bullock, Captain M. Hastings, Sir Patrick Rentoul, G. S. Burman, J. B. Hayday, Arthur Rhys, Hon. C. A. U. Butler, Sir Geoffrey Henderson, Rt. Hon. A. (Burnley) Richards, R. Butt, Sir Alfred Henderson, A. (Cardiff, South) Richardson, Lt.-Col. Sir P. (Chertsey) Campion, Lieut.-Colonel W. R. Henderson, W. W. (Middlesex. Enfield) Richardson, R. (Houghton-le-Spring) Cape, Thomas Henn, Sir Sydney H. Ritson, J. Cayzer, Maj. Sir Herbt. R. (Prtsmth, S.) Hennessy, Major J. R. G. Roberts, Rt. Hon. F. O. (W. Bromwich) Chapman, Sir S. Herbert Dennis (Hertford, Watford) Roberts, Samuel (Hereford, Hereford) Charleton, H. C. Herbert, Capt. Sidney (Scarborough) Romeril, H. G. Chilcott, Sir Warden Hirst, G. H. Ropner, Major L. Church, Major A. G. Hodges, Frank Roundell, Colonel R. F. Clarke, A. Hoffman, P. C. Russell, Alexander West (Tynemouth) Clarry, Reginald George Hood, Sir Joseph Russell-Wells, Sir S. (London Univ.) Clayton, G. C. Horlick, Lieut.-Colonel J. N. Samuel, Samuel (W'dsworth, Putney) Cluse, W. S. Horne, Sir R. S. (Glasgow, Hillhead) Sandeman, A. Stewart Clynes, Rt. Hon. John R. Howard, Hn. D. (Cumberland, Northn.) Sassoon, Sir Philip Albert Gustave D. Cockerill, Brigadier-General G. K. Howard-Bury, Lieut.-Col. C. K. Savery, S. S. Colfox, Major Wm. Phillips Huntingfield, Lord Shepperson, E. W. Cope, Major William Iliffe, Sir Edward M. Sherwood, George Henry Courthope, Lieut.-Col. George L. Isaacs, G. A. Short, Alfred (Wednesbury) Cove, W. G. Jenkins, W. (Glamorgan, Neath) Sitch, Charles H. Crittall, V. G. Jenkins, W. A. (Brecon and Radnor) Smith, Ben (Bermondsey, Rotherhithe) Croft, Lieut.-Colonel Sir Henry Page Jephcott, A. R. Smith-Carington, Neville W. Crooke, J. Smedley (Deritend) Jewson, Dorothea Snell, Harry Curzon, Captain Viscount John, William (Rhondda, West) Somerville, A. A. (Windsor) Dalkeith, Earl of Jones, J. J. (West Ham, Silvertown) Spears, Brig.-Gen. E. L. Davidson, Major-General Sir J. H. Kennedy, T. Spender-Clay, Lieut.-Colonel H. H. Davies, Alfred Thomas (Lincoln) Kindersley, Major G. M. Stamford, T. W. Davies, Evan (Ebbw Vale) King, Captain Henry Douglas Stanley, Lord Davies, Maj. Geo. F. (Somerset, Yeovil) Lamb, J. Q. Steel, Samuel Strang Davies, Rhys John (Westhoughton) Lane-Fox, George R. Stewart, J. (St. Rollox) Davison, J. E. (Smethwick) Law, A. Stuart, Lord C. Crichton- Dawson, Sir Philip Lawson, John James Stuart, Hon. J. (Moray and Nairn) Dixey, A. C. Leach, W. Sturrock, J. Leng Doyle, Sir N. Grattan Lee, F. Sueter, Rear-Admiral Murray Fraser Dukes, C. Leigh, Sir John (Clapham) Sullivan, J. Duncan, C. Lumley, L. R. Sutcliffe, T. Dunnico, H. Lunn, William Sykes, Major-Gen. Sir Frederick H. Eden, Captain Anthony Lyle, Sir Leonard Terrell, Captain R. (Oxford, Henley) Edmondson, Major A. J. Macdonald, Sir Murdoch (Inverness) Thomas, Rt. Hon. James H. (Derby) Ednam, Viscount M'Entee, V. L. Thomson, Sir W. Mitchell-(Croydon, S.) Edwards, C. (Monmouth, Bedwellty) McLean, Major A. Tinker, John Joseph Tichfield, Major the Marquess of Watson, W. M. (Dunfermilne) Wilson, Sir C. H. (Leeds, Central) Toole, J. Watts-Morgan, Lt.-Col. D. (Rhondda) Wilson, R. J. (Jarrow) Trevelyan, Rt. Hon. C. P. Webb, Rt. Hon. Sidney Windsor-Clive, Lieut.-Colonel George Turner, Ben Wells, S. R. Wise, Sir Fredric Varley, Frank B. Weston, John Wakefield Wright, W. Vaughan-Morgan, Col. K. P. Wheatley, Rt. Hon. J. Yate, Colonel Sir Charles Edward Viant, S. P. Wheler, Lieut.-Col. Granville C. H. Yerburgh, Major Robert D. T. Walsh, Rt. Hon. Steven Whiteley, W. Ward, Lt.-Col. A. L. (Kingston-on-Hull) Williams, A. (York, W. R., Sowerby) TELLERS FOR THE AYES.— Warne, G. H. Williams, Maj. A. S. (Kent, Sevenoaks) Mr. Spoor and Mr. Frederick Hall. Watson, Sir F. (Pudsey and Otley) Williams, Lt.-Col. T. S. B. (Kennington)
NOES. Ackroyd, T. R. Harbord, Arthur Murrell, Frank Allen, R. Wilberforce (Leicester, S.) Hardie, George D. Oliver, P. M. (Manchester, Blackley) Ayles, W. H. Harris, John (Hackney, North) O'Neill, John Joseph Baker, W. J. Harvey, T. E. (Dewsbury) Owen, Major G. Banton, G. Haycock, A. W. Pattinson, S. (Horncastle) Barrie, Sir Charles Coupar (Banff) Hayes, John Henry Perry, S. F. Batey, Joseph Henderson, T. (Glasgow) Phillipps, Vivian Benn, Captain Wedgwood (Leith) Hindle, F. Pringle, W. M. R. Berkeley, Captain Reginald Hobhouse, A. L. Raffan, P. W. Birkett, W. N. Hodge, Lieut.-Col. J. P. (Preston) Raffety, F. W. Black, J. W. Howard, Hon. G. (Bedford, Luton) Ramage, Captain Cecil Beresford Bonwick, A. Hudson, J. H. Rathbone, Hugh H. Briant, Frank Jackson, R. F. (Ipswich) Rees, Capt. J. T. (Devon, Barnstaple) Broad, F. A. Johnston, Thomas (Stirling) Rees, Sir Beddoe Brown, A. E. (Warwick, Rugby) Johnstone, Harcourt (Willesden, East) Robertson, T. A. Buchanan, G. Jones, C. Sydney (Liverpool, W. Derby) Royle, C. Burnie, Major J. (Bootle) Jones, Rt. Hon. Leif (Camborne) Scrymgeour, E. Chapple, Dr. William A. Jowitt, W. A. (The Hartlepools) Scurr, John Collins, Sir Godfrey (Greenock) Kay, Sir R. Newbald Seely, Rt. Hn. Maj.-Gen. J. E. B. (I. of W.) Collins, Patrick (Walsall) Kedward, R. M. Simon, Rt. Hon. Sir John Costello, L. W. J. Keens, T. Spencer, H. H. (Bradford, S.) Cowan, D. M. (Scottish Universities) Kirkwood, D. Spero, Dr. G. E. Darbishire, C. W. Lansbury, George Starmer, Sir Charles Dickie, Captain J. P. Laverack, F. J. Stephen, Campbell Dickson, T. Lessing, E. Stewart, Maj. R. S. (Stockton-on-Tees) Dodds, S. R. Linfield, F. C. Stranger, Innes Harold Dudgeon, Major C. R. Livingstone, A. M. Sunlight, J. Dunn, J. Freeman Loverseed, J. F. Sutherland, Rt. Hon. Sir William Emlyn-Jones, J. E. (Dorset, N.) Macfadyen, E. Terrington, Lady England, Colonel A. Mackinder, W. Thompson, Piers G. (Torquay) Falconer, J. Maclean, Neil (Glasgow, Govan) Thornton, Maxwell R. Finney, V. H. Maden, H. Welsh, J. C. Fletcher, Lieut.-Com. R. T. H. Mansel, Sir Courtenay Westwood, J. Foot, Isaac Martin, F. (Aberd'n & Kinc'dine, E.) White, H. G. (Birkenhead, E.) Gardner, J. P. (Hammersmith, North) Martin, W. H. (Dumbarton) Willison, H. George, Major G. L. (Pembroke) Maxton, James Windsor, Walter Gorman, William Millar, J. D. Wood, Major M. M. (Aberdeen, C.) Graham, D. M. (Lanark, Hamilton) Mond, H. Woodwark, Lieut.-Colonel G. G. Gray, Frank (Oxford) Morris, R. H. Hall, G. H. (Merthyr Tydvil) Morse, W. E. TELLERS FOR THE NOES.— Hamilton, Sir R. (Orkney & Shetland) Moulton, Major Fletcher Lieut.-Colonel Meyer and Mr. Thurtle.
Question put accordingly, "That the Clause be read a Second time."
The Committee divided: Ayes, 136; Noes, 207.
Division No. 39.] AYES. [1.50 a.m. Ackroyd, T. R. Cove, W. G. Gould, Frederick (Somerset, Frome) Ayles, W. H. Cowan, D. M. (Scottish Universities) Graham, D. M. (Lanark, Hamilton) Baker, W. J. Crittall, V. G. Gray, Frank (Oxford) Batey, Joseph Darbishire, C. W. Groves, T. Benn, Captain Wedgwood (Leith) Davies, Evan (Ebbw Vale) Hall, G. H. (Merthyr Tydvil) Birkett, W. N. Dickie, Captain J. P. Harbord, Arthur Black, J. W. Dickson, T. Hardie, George D. Bonwick, A. Dodds, S. R. Harris, John (Hackney, North) Briant, Frank Dukes, C. Harvey, T. E. (Dewsbury) Broad, F. A. Dunn, J. Freeman Haycock, A. W. Brown, A. E. (Warwick, Rugby) Dunnico, H. Hayes, John Henry Buchanan, G. Edwards, C. (Monmouth, Bedwellty) Henderson, Rt. Hon. A. (Burnley) Burnie, Major J. (Bootle) Emlyn-Jones, J. E. (Dorset, N.) Henderson, T. (Glasgow) Cape, Thomas Falconer, J. Henderson, W. W. (Middlesex, Enfield) Chapple, Dr. William A. Finney, V. H. Hirst, G. H. Charleton, H. C. Foot, Isaac Hoffman, P. C. Church, Major A. G. Gardner, B. W. (West Ham, Upton) Hudson, J. H. Collins, Sir Godfrey (Greenock) Gardner, J. P. (Hammersmith, North) Isaacs, G. A. Collins, Patrick (Walsall) Gavan-Duffy, Thomas Jackson, R. F. (Ipswich) Costello, L. W. J. Gorman, William Jenkins, W. (Glamorgan, Neath) Jewson, Dorothea Morris, R. H. Snell, Harry John, William (Rhondda West) Morrison, Herbert (Hackney, South) Spero, Dr. G. E. Johnston, Thomas (Stirling) Morse, W. E. Stamford, T. W. Jones, C. Sydney (Liverpool, W. Derby) Murray, Robert Starmer, Sir Charles Jones, Rt. Hon. Leif (Camborne) Murrell, Frank Stephen, Campbell Jowitt, W. A. (The Hartlepools) Naylor, T. E. Stranger, Innes Harold Kay, Sir R. Newbald Newman, Sir R. H. S. D. L. (Exeter) Sunlight, J. Kedward, R. M. O'Neill, John Joseph Terrington, Lady Keens, T. Oliver, George Harold Thompson, Piers G. (Torquay) Kirkwood, D. Oliver, P. M. (Manchester, Blackley) Thornton, Maxwell R. Lansbury, George Paling, W. Turner, Ben Laverack, F. J. Palmer, E. T. Varley, Frank B. Lee, F. Parry, Thomas Henry Viant, S. P. Lessing, E. Perry, S. F. Watson, W. M. (Dunfermilne) Linfield, F. C. Phillipps, Vivian Welsh, J. C. Livingstone, A. M. Pringle, W. M. R. Westwood, J. Loverseed, J. F. Purcell, A. A. White, H. G. (Birkenhead, E.) Mackinder, W. Raffan, P. W. Whiteley, W. Maclean, Nell (Glasgow, Govan) Raffety, F. W. Williams, A. (York, W. R., Sowerby) Maden, H. Rathbone, Hugh H. Willison, H. Mansel, Sir Courtenay Rees, Capt. J. T. (Devon, Barnstaple) Windsor, Walter Marley, James Ritson, J. Woodwark, Lieut.-Colonel G. G. Martin, W. H. (Dumbarton) Robertson, T. A. Maxton, James Royle, C. TELLERS FOR THE AYES.— Millar, J. D. Scrymgeour, E. Lieut.-Colonel Meyler and Mr. Thurtle. Mills, J. E. Scurr, John Mond, H. Sherwood, George Henry
NOES. Adamson, Rt. Hon. William Dixey, A. C. Jephcott, A. R. Adamson, W. M. (Staff., Cannock) Doyle, Sir N. Grattan Johnstone, Harcourt (Willesden, East) Ainsworth, Captain Charles Dudgeon, Major C. R. Jones, J. J. (West Ham, Silvertown) Alexander, Brg.-Gen. Sir W. (Glas. C.) Duncan, C. Kennedy, T. Allen, R. Wilberforce (Leicester, S.) Eden, Captain Anthony Kindersley, Major G. M. Amery, Rt. Hon. Leopold C. M. S. Edmondson, Major A. J. King, Captain Henry Douglas Ammon, Charles George Ednam, Viscount Lamb, J. Q. Aske, Sir Robert William England, Colonel A. Lane-Fox, George R. Astor, Maj. Hon. John J. (Kent, Dover) Eyres-Monsell, Com. Rt. Hon. B. M. Law, A. Attlee, Major Clement R. Ferguson, H. Leach, W. Austin, Sir Herbert FitzRoy, Capt. Rt. Hon. Edward A. Leigh, Sir John (Clapham) Baird, Major Rt. Hon. Sir John L. Fletcher, Lieut.-Com. R. T. H. Lumley, L. R. Baldwin, Rt. Hon. Stanley Forestier-Walker, L. Lunn, William Balfour, George (Hampstead) Gates, Percy Lyle, Sir Leonard Barnston, Major Sir Harry Gibbs, Col. Rt. Hon. George Abraham M'Entee, V. L. Barrie, Sir Charles Coupar (Banff) Gilmour, Colonel Rt. Hon. Sir John Macfadyen, E. Becker, Harry Gosling, Harry McLean, Major A. Berkeley, Captain Reginald Gould, James C. (Cardiff, Central) Macnaghten, Hon. Sir Malcolm Betterton, Henry B. Greenall, T. Makins, Brigadier-General E. Blades, Sir George Rowland Greene, W. P. Crawford Martin, F. (Aberd'n & Kinc'd'ne, E.) Blundell, F. N. Greenwood, A. (Nelson and Colne) Mason, Lieut. Col. Glyn K. Bondfield, Margaret Grenfell, D. R. (Glamorgan) Middleton, G. Bowater, Sir T. Vansittart Grigg, Lieut.-Col. Sir Edward W. M. Moore-Brabazon, Lieut.-Col. J. T. C. Bowyer, Capt. G. E. W. Guest, Dr. L. Haden (Southwark, N.) Morrison-Bell, Major Sir A. C. (Honiton) Brass, Captain W. Guinness, Lieut.-Col. Rt. Hon. W. E. Moulton, Major Fletcher Bridgeman, Rt. Hon. William Clive Gwynne, Rupert S. Nicholson, O. (Westminster) Briscoe, Captain Richard George Hacking, Captain Douglas H. Nixon, H. Brown, James (Ayr and Bute) Hall, Lieut.-Col. Sir F. (Dulwich) Ormsby-Gore, Hon. William Buckie, J. Hamilton, Sir R. (Orkney & Shetland) Owen, Major G. Bullock, Captain M. Hannon, Patrick Joseph Henry Pattinson, S. (Horncastle) Burman, J. B. Harmsworth, Hon. E. C. (Kent) Pennefather, Sir John Butler, Sir Geoffrey Hartington, Marquess of Penny, Frederick George Butt, Sir Alfred Hartshorn, Rt. Hon. Vernon Percy, Lord Eustace (Hastings) Campion, Lieut.-Colonel W. R. Harvey, C. M. B. (Aberd'n & Kincardne) Perkins, Colonel E. K. Cayzer, Sir C. (Chester, City) Hastings, Sir Patrick Philipson, Mabel Chapman, Sir S. Hayday, Arthur Pielou, D. P. Chilcott, Sir Warden Henderson, Rt. Hon. A. (Burnley) Potts, John S. Clarke, A. Henn, Sir Sydney H. Pownall, Lieut.-Colonel Assheton Clarry, Reginald George Hennessy, Major J. R. G. Rees, Sir Beddoe Clayton, G. C. Herbert, Dennis (Hertford, Watford) Rentoul, G. S. Cluse, W. S. Herbert, Capt. Sidney (Scarborough) Rhys, Hon. C. A. U. Clynes, Rt. Hon. John R. Hindle, F. Richards, R. Cockerill, Brigadier-General G. K. Hobhouse, A. L. Richardson, Lt.-Col. Sir P. (Chertsey) Colfox, Major Wm. Phillips Hodge, Lieut.-Col. J. P. (Preston) Roberts, Samuel (Hereford, Hereford) Cope, Major William Hodges, Frank Romeril, H. G. Courthope, Lieut.-Col. George L. Hood, Sir Joseph Ropner, Major L. Croft, Lieut.-Colonel Sir Henry Page Horlick, Lieut.-Colonel J. N. Roundell, Colonel R. F. Crooke, J. Smedley (Deritend) Horne, Sir R. S. (Glasgow, Hillhead Russell, Alexander West (Tynemouth) Curzon, Captain Viscount Howard, Hn. D. (Cumberland, Northn.) Russell-Wells, Sir S. (London Univ.) Dalkeith, Earl of Howard, Hon. G. (Bedford, Luton) Samuel, Samuel (W'dsworth, Putney) Davidson, Major-General Sir J. H. Howard-Bury, Lieut.-Col. C. K. Sandeman, A. Stewart Davies, Alfred Thomas (Lincoln) Huntingfield, Lord Sassoon, Sir Philip Albert Gustave D. Davies, Maj. Geo. F. (Somerset, Yeovil) Iliffe, Sir Edward M. Savery, S. S. Dawson, Sir Philip Jenkins, W. A. (Brecon and Radnor) Seely, Rt. Hn. Maj.-Gen. J. E. B. (I. of W.) Shepperson, E. W. Sullivan, J. Webb, Rt. Hon. Sidney Short, Alfred (Wednesbury) Sutcliffe, T. Wells, S. R. Sitch, Charles H. Sutherland, Rt. Hon. Sir William Weston, John Wakefield Smith-Carington, Neville W. Sykes, Major-Gen. Sir Frederick H. Wheatley, Rt. Hon. J. Somerville, A. A. (Windsor) Terrell, Captain R. (Oxford, Henley) Wheler, Lieut.-Col. Granville C. H. Spears, Brig-Gen. E. L. Thomas, Rt. Hon. James H. (Derby) Williams, Maj. A. S. (Kent, Sevenoaks) Spencer, H. H. (Bradford, S.) Thomson, Sir W. Mitchel-(Croydon, S.) Williams, Lt.-Col. T. S. B. (Kennington) Spender-Clay, Lieut.-Colonel H. H. Tinker, John Joseph Wilson, Sir C. H. (Leeds, Central) Stanley, Lord Tichfield, Major the Marquess of Windsor-Clive, Lieut.-Colonel George Steel, Samuel Strang Toole, J. Wise, Sir Fredric Stewart, J. (St. Rollox) Trevelyan, Rt. Hon. C. P. Wright, W. Stewart, Maj. R. S. (Stockton-on-Tees) Vaughan-Morgan, Col. K. P. Yate, Colonel Sir Charles Edward Stuart, Lord C. Crichton- Walsh, Rt. Hon. Stephen Yerburgh, Major Robert D. T. Stuart, Hon. J. (Moray and Nairn) Ward, Lt.-Col. A. L. (Kingston-on-Hull) Sturrock, J. Leng Watson, Sir F. (Pudsey and Otley) TELLERS FOR THE NOES.— Sueter, Rear-Admiral Murray Fraser Watts-Morgan, Lt.-Col. D. (Rhondda) Mr. Spoor and Mr. Frederick Hall.
NEW CLAUSE.—(Court-martial right of appeal.)
Notwithstanding any provision of the Army and Air Force Act any member of His Majesty's forces sentenced to death by court-martial shall have the right of appeal to the Court of Criminal Appeal, assisted by one or more military assessors, as the Lord Chancellor may direct.—[ Mr. Maxton. ]
Brought up, and read the First Time.
I beg to move "That the Clause be read a Second time."
2 A.M.
I do not think there will be any need for me to say much in support of the Amendment. Hon. and gallant Members opposite who opposed the abolition of the death sentence made one of the strongest points to the effect that there were already about six courts of appeal before the penalty was finally imposed, and any argument used in favour of six courts of appeal can be used also in favour of a seventh. There is this argument in favour of this extra court as proposed in this Amendment, that all the other Courts are military in character and are not composed of men who have had any special judicial training, whereas in this Amendment we do suggest that in the last resort the men who are going to have the decision over a matter of life and death over one of their fellow human beings should be trained judges who have an experience in the weighing and sifting of evidence and shall be men who in addition are somewhat removed from the hot blood of the battlefield. That I think is the description which adequately applies to the Court of Criminal Appeal. It was pointed out in the debate on the previous Amendment that 9 out of 10 of the sentences of death that were passed are not carried into execution. One might hope that a few more might be found on examination by a civil Court to have been unjustified, and that the penalty was too heavy for the offences, and if we can save a few more lives of human beings who may become at some subsequent day valuable, citizens, I do not think the Government should seriously resist the acceptance of this Amendment. I notice that the arguments on the previous Clause were all raised on the assumption that the penalty of death was only applied to those unfortunate members of the rank and file of the British Army and normally for the specific offence of cowardice in the face of the enemy, but I find by the Main Act that there are a whole string of crimes for which the sentence may be passed. It states that "every person who disobeys in such a manner as to show wilful defiance of authority, any lawful command given by his superior officer in the execution of his office, orally or otherwise, or by signal shall, on conviction by court martial, be liable to punishment by death or such less penalty as may be hereinafter mentioned." That might conveniently be applied to the case for a General in the Army or an Admiral in the Navy. If it is historically true that at the Battle of Trafalgar Lord Nelson deliberately defied an order—[HON. MEMBERS: "Copenhagen!" and "How do you know?"]
The reason being that he was there.
At the battle or one of the battles he deliberately ignored an order given by signal, and in that case he was liable, in strict regulation, to the penalty of death. [An HON. MEMBER: "Or such less penalty."] I admit that, as the hon. Gentleman below the Gangway points out, it would have meant a considerable saving of money to this nation if the gallant Admiral had been shot.
I must ask the hon. Member to keep to the Motion under discussion.
Surely it is in Order to discuss a question of disobedience?
We are not discussing the Battle of Trafalgar. [HON. MEMBERS: "Copenhagen!"]
I have no wish to go too far back in history. The point I make is this, that a person holding a very responsible position either in the Army, Navy or Air Force may be liable to the death penalty under the Army Act as it stands at present and may be condemned entirely by military courts-martial. In another Clause of the Act we are told that "any person who causes or conspires with any other person to cause mutiny or sedition is liable to the death penalty." What if the Secretary of State for War takes a different view as to what constitutes sedition to that taken by the hon. Gentlemen who sit comfortably on the Opposition Front Bench. Do you think it would be right that the Noble Lord who adorns the other Place should be sentenced to death for preaching the political views he believes in, but which would be sedition as viewed by His Majesty's Government? Do you think he should be taken and shot' at dawn merely on the word of the Minister for War?
Does not this Bill deal with His Majesty's Forces alone?
I would call the hon. Member's attention to the Motion before the Committee.
At any time the responsible Government can subject the whole community to martial-law. The point I was making was that it is not right and, even with all my political prejudices, I should not suggest! that the Noble Lord should be shot for preaching sedition unless his case had been brought before a responsible judicial tribunal in cold blood, all the evidence brought forward, and with him entitled to have the best legal opinion that he would be able to bring to bear on his case. I am talking about Lord Birkenhead.
We are dealing with the Army and Air Force (Annual) Bill and not with any Member of the Upper House.
Of course I accept your ruling, but surely it is possible for me to use an illustration.
On a point of Order. [ Interruption. ]Is it a fact that Lord Birkenhead. [ Interruption. ]
I cannot hear what the hon. Member says.
Is the hon. Gentleman opposite in order in addressing Members on this side, and not addressing the Chair?
The hon. Member was merely trying to make a point in the first place that I was not in the Army during the recent War.
I never said a word of the sort.
I can say that I have been exactly on the same front as a good many Members opposite. It may be a very ludicrous thing for me to suggest that, before a common soldier is done to death, he should have the right of having all the facts of the case gone into by men whose business it is to assess the value of various facts—by men whose business it is to detach themselves from a merely biased or prejudiced position. But, however ludicrous it may be, it is a principle that this House has well recognised. In my short experience of this House I have heard the argument used for the setting up of a tribunal upon which should sit men who were skilled in this way, men of great legal and judicial experience, and I am asking the right hon. Gentleman to allow an appeal on the part of these men condemned to death to the Court of Criminal Appeal, and prevent the necessity of us having to go to a division.
I beg to move:
"That the Chairman do report Progress, and ask leave to sit again."
I do so because it is now twenty minutes after two o'clock, and the Secretary of State for War has made a very important pronouncement with regard to the action he proposes to take in referring these matters to a Committee, and, above all, because the points raised are of very real importance and ought to be considered at a time when we can give more attention to them than it is possible to do now. I submit that this not a good time to discuss these questions.
I am sorry that I cannot meet that request. I would remind those who support it that our present procedure is not unprecedented. The necessity for continuing the stages of the Bill now under consideration is in the fact that I see no opportunity of affording further facilities on this side of the date when this Bill must be got through. The other items of business to which we are committed before Easter are important, and we have afforded as good an opportunity for debate on this Bill as has been afforded in any recent year that I can recall. I hope, therefore, the Motion will not be pressed.
What is the date? Surely I am right in saying that the date when this Bill has to be passed is 30th April.
The House must rise on 15th or 16th April for the Easter Recess and on the day when we return the Budget must be taken. There really is no time to be afforded for the purpose of this discussion other than that now placed at the disposal of the Committee. I hope therefore that in the circumstances the Motion will not be pressed and we shall be able to proceed to the completion of this Bill.
That the House has sat up all night to consider the Army Annual Bill is not unprecedented, but it is unprecedented to sit up considering Amendments which are one and all moved by the Government's own supporters, or at least all the 'substantial Amendments are from the benches behind the Government. There is certainly no precedent for Amendments of this kind which are absolutely subversive of Army discipline being brought forward by Members from behind the Government Bench. It is quite true that year after year the Government of the day has had to sit up to deal with obstruction from the Opposition Benches. This is a very fertile subject which needs little Parliamentary ingenuity to talk for hours on. What those behind the Government Bench wish to do is to discuss Amendments which strike at the root of the organisation of the Army at a time when the Press cannot inform the country.
We do not care for Press reports.
Every one of these Amendments is aimed at the existence of an Army in this country, and there is no precedent for this House sitting all night discussing Amendments brought forward with a view to upsetting the institution of a standing Army in this country by people nominally supporting the Government.
It is not quite right to say these Amendments, one and all, have come from Members behind me.
I said the substantial Amendments.
I think I am also correct in saying that the speaking time has been fairly well apportioned between the two sides of the House. It is unusual that the supporters of the Government—if that is the correct term to use—have been so lavish in placing Amendments on the Paper, but there it is. If the Committee takes the Amendments on their merits, regardless of their source, I suggest that we come back to the conclusion that we must deal with the matter at this sitting. We are in a new era of the apportionment of power and we wish the two sides of the House to set up a good example. They may have to follow it later on. If it is a bad one it will not be helpful to our successors. In the circumstances we see no alternative but to appeal to the Committee to allow the Bill to proceed, and perhaps after these preliminaries our supporters will see their way not lengthily to address the Committee on the other Amendments and get through as speedily as possible.
I am surprised that from the present Front Bench we should have to plead for the application of any sense of justice.
think the hon. Gentleman is speaking of the Amendment. The Question before the Committee is the Motion to report Progress.
I understood the hon Member used the word amendment when he meant adjournment.
rose in his place, and claimed to move, " That the Question be now put," but the Chairman withheld his assent, and declined then to put that Question.
Members who have kept us beyond the twopenny fare and who have their private cars to take them home—
The hon. Member must confine his remarks to the Motion before the Committee.
I am surprised that the right hon. Gentleman has seen fit to put forward this present issue, and I am also surpised that the right hon. and gallant Member for Bury St. Edmunds (Lieut.-Colonel Guinness) has also seen fit to cast some aspersions on those who are sitting on these Benches.
We would not mind at a reasonable hour of the day—
Last year when the right hon. Gentleman had something to do with a similar Bill—
The Question before the Committee is that I report Progress and ask leave to sit again.
I am quite entitled on the Motion to draw attention to what has transpired on previous Army Annual Bill debates. That is all I am seeking to do now. Last year we sat right through the whole night. [HON. MEMBERS: "Whose fault was that"?] It was your, fault for not giving us what we wanted. We sat right through the whole of Thursday night until a quarter past eleven on Friday and this House was deprived of the Friday sitting because of the fact that the Government would not accept a similar Amendment that we moved on that occasion. The Motion to report Progress is entirely out of place. We are just as mentally fit to carry on—I am speaking for these benches—as we were on that occasion at 11 o'clock and we shall be just as capable of carrying on the debate at 3 o'clock in the afternoon. I suggest that the right hon. Gentleman the Member for the Isle of Wight (Major-General Seely) should withdraw his Motion and allow the debate to continue on the lines on which it has been going. Those of us who believe still what we believed last year when we sat through the night and voted for these Amendments are quite prepared to continue the discussions upon them during the night. If there are hon. Members and right hon. Members who wish to go home at this time of the morning, then the doors are wide open for them to leave the House. We are not keeping them, but if a sense of duty is keeping them here, then let them obey that sense of duty and continue the Debates as they have been carried on in previous years through the night. If we are going to break precedents let us have this Bill brought an early in the day so that it will not be necessary for us to stay all night. I hope the right hon. Member will withdraw his Motion to report Progress and let us continue.
With the leave of the Committee, may I say that the situation is very simple. If the Deputy Leader of the House, who has appealed to us to set an example, will undertake to restrain the loquacity of his followers, we can undertake on our side that we will get the business settled. But if the right hon. Gentleman is going to ask us to stay up in order to hear speeches from his own followers, he asks us to do a thing that has never been asked before. The situation is entirely novel, and we must take novel steps. If he cannot give us that assurance, why on earth should we stay here? It is quite unreasonable.
I have two observations to make on that appeal. One is that the questions now before the Committee cannot be viewed as party questions in any sense. They are not Liberal or Labour or Conservative. We are considering the position of the National Army; this is the Army (Annual) Bill, and I suggest that all parties in the House have a joint and equal responsibility. No other time in the Parliamentary calendar can be fixed this side of Easter for getting this Bill through. On the second point, I quite agree with the right hon. and gallant Member that the appeal should not be addressed to me or two parties of the House. It should apply to all three, and I appeal to the Committee not to unduly continue the discussion but to get through the business as early as possible.
After the right hon Gentleman's appeal I beg to ask leave to withdraw the Motion.
No.
This has always been an all-night business. I can speak for those of us who put down Amendments that we will restrain our loquacity. We are very keen to register our votes on the question of the use of troops during trade disputes, but we will, I am sure, undertake not to unduly delay the Committee. I have got up to say that because I am quite sure that none of us want to impose ourselves upon a reluctant Committee.
The hon. Member for Govan (Mr. Maclean) really cannot complain on this occasion. The Amendments are not put down by the official Opposition as usually happens, and he cannot expect us to sit up all night.
I regret that we cannot get this small piece of justice from the present Front Bench. I remember during the War a mother of a son coming— [ Interruption. ]
I wish to enter my protest against the extraordinary statement made two or three times in the last quarter of an hour that year after year the Army (Annual) Bill proceeds all through the night. That may be true, but that has been the action of the Opposition. On this occasion the course of the Amend ment—
On a point of Order. Is it not upon the Government of the day?
Because of a serious revolt among the supporters of the Government, the whole House is being kept. I hope this Motion will be pressed.
I should like to know whether this proposal to report Progress is acceptable. It seems to me somewhat remarkable that the late representative of the War Office in the last Parliament should be supporting the representative of the War Office in another Parliament against the claim of the Government that the matter of dealing with the Army (Annual) Bill should be dealt with at this particular stage. There is division in the Opposition party also. They were now supporting the Government, but they did not always do so. I suppose we are entitled to discuss it until three, four or five in the morning, and I hope the Members of this party will at least be unanimous in support of the Government on this question. On the last Amendment I voted against the Government, but on this I shall vote with it, for the reason that it is an absolutely hypocritical and insincere proposal coming from the gentlemen who made it. [HON. MEMBERS: "Withdraw!"] It is a perfectly fair statement to make. The right hon. and gallant Gentleman who moved to report Progress professes to be a firm friend of the Army, but the right hon. Gentleman who speaks for the capitalist class on the other side, the officers, the men who are not shot, is also an admirer of the Army, and both take up the position now that it is immaterial. What happens to the Army as they want to get home early. We do not mind how long we sit here now. I do not propose to support a proposal of the kind made here. I hope the good sense of the Committee will be against the proposal to report Progress. While some of us on this side of the Committee are unfavourable to the line-taken by the Government, it does not mean we are opposed to the Government; but sometimes men have to choose between principle and expediency. I believe that when a man makes a promise he is entitled to keep it. I have always understood that one of the more or less rare virtues we have is that we are men of our word. I do not mean the Labour party but the British people. I have always been told that an Englishman's word is his bond. [HON. MEMBEES: "What about an Irishman's word?"] We do not believe in the death penalty. The only difference between us and the Government is due to our belief that it is a wrong policy. [ Interruption. ]As far as the present Parliament is concerned this is my maiden speech and I hope hon. Members will give me the hearing usually given to new Members. They have already been defeated on the question of the death penalty, but on the point of the Adjournment I hope the horn. Gentleman on the other side and on this side of the Committee who profess to be anxious that the Army should be maintained will, on this occasion as on the last, support the Government. It is the business of the Government to carry on the work of the nation, and if you think they are wrong turn them out. But you have not done so and want them to accept the responsibility yet refuse to give them the necessary support. There is no party in this House and there never was a party in this House that did not go within its rights. I submit it is not a fair answer for hon. Gentlemen opposite to say that the Government lacks the support of its followers. There are points that we must differ upon. There are points upon which hon. Members differ from their Government upon.
May I make an appeal to my hon. Friend. Just at the moment the matter before the Committee is to report Progress. My right hon. and gallant Friend has asked for leave to withdraw and no one can help the Government by continuing the discussion. I would therefore appeal to my hon.
Friend not to continue his speech at this stage.
To show that we are in sympathy with the Government, I propose to finish with this remark that before I spoke I asked whether the right hon. Gentlemen had agreed to withdraw the proposal to report Progress. I am pleased that we have the support of a sufficient number to let the Government carry on.
Question put "That the Chairman do report Progress, and ask leave to sit again."
The Committee divided: Ayes, 117; Noes, 206.
Division No. 40.] AYES. [2.53 a.m. Ainsworth, Captain Charles Eyres-Monsell, Com. Rt. Hon. B. M. Philipson, Mabel Alexander, Brg.-Gen. Sir W. (Glas. C.) Ferguson, H. Pielou, D. P. Amery, Rt. Hon. Leopold C. M. S. FitzRoy, Capt. Hon. Edward. A. Rentoul, G. S. Astor, Maj. Hon. John J.(Kent, Dover) Forestier-Walker, L. Rhys, Hon. C. A. U. Austin, Sir Herbert Gibbs, Col. Rt. Hon. George Abraham Richardson, Lt.-Col. Sir P. (Chertsey) Baird, Major Rt. Hon. Sir John L. Gilmour, Colonel Rt. Hon. Sir John Ropner, Major L. Baldwin, Rt. Hon. Stanley Gould, James C. (Cardiff, Central) Roundell, Colonel R. F. Barnston, Major Sir Harry Greene, W. P. Crawford Russell, Alexander West (Tynemouth) Becker, Harry Guinness, Lieut.-Col. Rt. Hon. W. E. Russell-Wells, Sir S. (London Univ.) Betterton, Henry B. Hacking, captain Douglas H. Sandeman, A. Stewart Blades, Sir George Rowland Hall, Lieut.-Col. Sir F. (Dulwich) Savery, S. S. Blundell, F. N. Hannon, Patrick Joseph Henry Shepperson, E. W. Bowater, Sir T. Vansittart Harmsworth, Hon. E. C. (Kent) Smith-Carington, Neville W. Bowyer, Captain G. E. W. Hartington, Marquess of Somerville, A. A. (Windsor) Brass, Captain W. Harvey, C. M. B. (Aberd'n & Kincardne) Spencer, H. H. (Bradford, S.) Bridgeman, Rt. Hon. William Clive Henn, Sir Sydney H. Spender-Clay, Lieut.-Colonel H. H. Briscoe, Captain Richard George Hennessy, Major J. R. G. Spero, Dr. G. E. Brittain, Sir Harry Herbert, Capt. Sidney (Scarborough) Stanley, Lord Bullock, Captain M. Hood, Sir Joseph Steel, Samuel Strang Burman, J. B. Howard, Hn. D.(Cumberland, Northn.) Stuart, Lord C. Crichton- Butler, Sir Geoffrey Howard-Bury, Lieut.-Col. C. K. Stuart, Hon. J. (Moray and Nairn) Butt, Sir Alfred Huntingfield, Lord Sueter, Rear-Admiral Murray Fraser Campion, Lieut.-Colonel W. R. Iliffe, Sir Edward M. Sutcliffe, T. Clarry, Reginald George Inskip, Sir Thomas Walker H. Sykes, Major-Gen. Sir Frederick H. Clayton, G. C. Kindersley, Major G. M. Terrell, Captain R. (Oxford, Henley) Cockerill, Brigadier-General G. K. King, Captain Henry Douglas Thomson, Sir W. Mitchell-(Croydon, S.) Colfox, Major Wm. Phillips Lane-Fox, George R. Tichfield, Major the Marquess of Cope, Major William Leigh, Sir John (Clapham) Ward, Lt.-Col. A. L. (Kingston-on-Hull) Courthope, Lieut.-Col. George L. Lumley, L. R. Watson, Sir F. (Pudsey and Otley) Croft, Lieut.-Colonel Sir Henry Page McLean, Major A. Wells, S. R. Curzon, Captain Viscount Makins, Brigadier-General E. Wheler, Lieut.-Col. Granville C. H. Dalkeith, Earl of Martin, F. (Aberd'n & Kinc'd'ne, E.) Wilson, Sir C. H. (Leeds, Central) Davidson, Major-General Sir J. H. Mason, Lieut.-Col. Glyn K. Windsor-Clive, Lieut.-Colonel George Davies, Maj. Geo. F. (Somerset, Yeovil) Moore-Brabazon, Lieut.-Col. J. T. C. Wise, Sir Fredric Dawson, Sir Philip Nicholson, O. (Westminster) Yate, Colonel Sir Charles Edward Dixey, A. C. Ormsby-Gore. Hon. William Yerburgh, Major Robert D. T. Doyle, Sir N. Grattan Pennefather, Sir John Eden, Captain Anthony Penny, Frederick George TELLERS FOR THE AYES.— Edmondson, Major A. J. Percy, Lord Eustace (Hastings) Mr. Balfour and Sir Clive Morrison-Bell. Ednam, Viscount Perkins, Colonel E. K. England, Colonel A.
NOES. Ackroyd, T. R. Benn, Captain Wedgwood (Leith) Burnie, Major J. (Bootle) Adamson, Rt. Hon. William Berkeley, Captain Reginald Cape, Thomas Adamson, W. M. (Staff., Cannock) Birkett, W. N. Chapple, Dr. William A. Alexander, A. V. (Sheffield, Hillsbro') Black, J. W. Charleton, H. C. Allen, R. Wilberforce (Leicester, S.) Bondfield, Margaret Church, Major A. G. Ammon, Charles George Bonwick, A. Clarke, A. Aske, Sir Robert William Briant, Frank Cluse, W. S. Attlee, Major Clement R. Broad, F. A. Clynes, Rt. Hon. John R. Ayles, W. H. Brown, A. E. (Warwick, Rugby) Costello, L. W. J. Baker, W. J. Brown, James (Ayr and Bute) Cove, W. G. Banton, G. Buchanan, G. Cowan, D. M. (Scottish Universities) Batey, Joseph Buckle, J. Crittall, V. G. Darbishire, C. W. Johnston, Thomas (Stirling) Rees, Capt. J. T. (Devon, Barnstaple) Davies, Evan (Ebbw Vale) Johnstone, Harcourt (Willesden, East) Rees, Sir Beddoe Davies, Rhys John (Westhoughton) Jones, C. Sydney (Liverpool, W. Derby) Richards, R. Davison, J. E. (Smethwick) Jones, J. J. (West Ham, Silvertown) Richardson, R. (Houghton-le-Spring) Dickie, Captain J. P. Jowett, Rt. Hon. F. W. (Bradford, E.) Ritson, J. Dickson, T. Kay, Sir R. Newbald Roberts, Rt. Hon. F. O. (W. Bromwich) Dodds, S. R. Kedward, R. M. Robertson, T. A. Dudgeon, Major C. R. Keens, T. Romeril, H. G. Dukes, C. Kennedy, T. Royle, C. Duncan, C. Kirkwood, D. Scrymgeour, E. Dunn, J. Freeman Lansbury, George Scurr, John Dunnico, H. Laverack, F. J. Sherwood, George Henry Edwards, C. (Monmouth, Bedwellty) Law, A. Short, Alfred (Wednesbury) Emlyn-Jones, J. E. (Dorset, N.) Lawson, John James Simon, Rt. Hon. Sir John Finney, V. H. Leach, W. Sitch, Charles H. Fletcher, Lieut.-Com. R. T. H. Lee, F. Snell, Harry Foot, Isaac Lessing, E. Spears, Brig.-Gen. E. L. Gardner, B. W. (West Ham, Upton) Linfield, F. C. Stamford, T. W. Gardner, J. P. (Hammersmith, North) Livingstone, A. M. Starmer, Sir Charles Gavan-Duffy, Thomas Loverseed, J. F. Stephen, Campbell George, Major G. L. (Pembroke) Lunn, William Stewart, J. (St. Rollox) Gorman, William Macdonald, Sir Murdoch (Inverness) Stewart, Maj. R. S. (Stockton-on-Tees) Gosling, Harry M'Entee, V. L. Stranger, Innes Harold Gould, Frederick (Somerset, Frome) Macfadyen, E. Sullivan, J. Graham, D. M. (Lanark, Hamilton) Mackinder, W. Sutherland, Rt. Hon. Sir William Gray, Frank (Oxford) Maclean, Neil (Glasgow, Govan) Terrington, Lady Greenall, T. Maden, H. Thomas, Rt. Hon. James H. (Derby) Greenwood, A. (Nelson and Colne) Mansel, Sir Courtenay Thompson, Piers G. (Torquay) Grenfell, D. R. (Glamorgan) Marley, James Thornton, Maxwell R. Grigg, Lieut.-Col. Sir Edward W. M. Martin, W. H. (Dumbarton) Thurtle, E. Groves, T. Maxton, James Tinker, John Joseph Guest, Dr. L. Haden (Southwark, N.) Meyler, Lieut.-Colonel H. M. Toole, J. Hall, G. H. (Merthyr Tydvil) Middleton, G. Trevelyan, Rt. Hon. C. P. Hamilton, Sir R. (Orkney & Shetland) Mills, J. E. Turner, Ben Hardie, George D. Morris, R. H. Varley, Frank B. Hartshorn, Rt. Hon. Vernon Morrison, Herbert (Hackney, South) Viant, S. P. Harvey, T. E. (Dewsbury) Morse, W. E. Walsh, Rt. Hon. Stephen Hastings, Sir Patrick Moulton, Major Fletcher Warne, G. H. Haycock, A. W. Murray, Robert Watson, W. M. (Dunfermilne) Hayday, Arthur Murrell, Frank Watts-Morgan, Lt.-Col. D. (Rhondda) Hayes, John Henry Newman, Sir R. H. S. D. L. (Exeter) Webb, Rt. Hon. Sidney Henderson, Rt. Hon. A. (Burnley) Nixon, H. Welsh, J. C. Henderson, A. (Cardiff, South) O'Neill, John Joseph Westwood, J. Henderson, T. (Glasgow) Oliver, George Harold Wheatley, Rt. Hon. J. Henderson, W. W.(Middlesex, Enfield) Oliver, P. M. (Manchester, Blackley) White, H. G. (Birkenhead, E.) Hindle, F. Owen, Major G. Whiteley, W. Hirst, G. H. Paling, W. Williams, A. (York, W. R., Sowerby) Hobhouse, A. L. Palmer, E. T. Williams, Maj. A. S. (Kent, Sevenoaks) Hodge, Lieut.-Col. J. P. (Preston) Parkinson, John Allen (Wigan) Williams, Lt.-Col. T. S. B. (Kennington) Hodges, Frank Parry, Thomas Henry Willison, H. Hoffman, P. C. Pattinson, S. (Horncastle) Wilson, R. J. (Jarrow) Hudson, J. H. Perry, S. F. Windsor, Walter Isaacs, G. A. Phillipps, Vivian Wood, Major M. M. (Aberdeen, C.) Jackson, R. F. (Ipswich) Potts, John S. Wright, W. Jenkins, W. (Glamorgan, Neath) Purcell, A. A. Jenkins, W. A. (Brecon and Radnor) Raffan, P. W. TELLERS FOR THE NOES.— Jewson, Dorothea Raffety, F. W. Mr. Spoor and Mr. Frederick Hall. John, William (Rhondda, West) Rathbone, Hugh H.
Question again proposed, "That the Clause be read a Second time."
3.0 A.M.
I would like to say one serious word. This is a very painful subject and excites very poignant feelings in the public mind. I should not like it that the public outside should think that we are dealing with it flippantly. I investigated this subject in France in 1915. The hon. Member for Blackpool (Lieut.-Colonel Meyler) gave to-night an exceptional case. If that had been typical of these cases throughout the War, it would have created a very painful impression upon the public. As the War developed, the treatment of these cases became more and more humane and more and more cautious. Every effort was made to see that justice was done, and that mercy tempered justice. The first instruction given to courts-martial in all these cases was that everyone on a court-martial, and all witnesses, and all concerned, were to be deemed friends of the prisoner. Everybody was encouraged to be a friend of the prisoner and bring forward all evidence in his favour; that everyone should try to get him off. No one was allowed to belong to a firing party who could be considered in any way a comrade of the person condemned. That was another stipulation invariably followed.
Has this any relevance to the Amendment, which is confined entirely to the appeal after the court-martial has passed sentence of death?
The second point was certainly out of order.
The next condition was this—
The hon. Member must confine himself to the courts of appeal.
In the case given by my hon. Friend—
On a point of Order. The hon. Gentleman said he would not keep the Chamber more than two minutes.
The hon. Gentleman must confine himself to the Motion.
I am showing the precautions which are taken by the courts-martial and that there is no necessity for the court of appeal. The next condition was this, that the prisoner shot was so disguised and so placed—
The hon. Member cannot pursue that line of argument.
I want to make a special appeal to the Government Front Bench to accept this very mild, genial and humane proposition. It has always been understood that people whose lives are at stake should have the right of the furthest possible appeal and have the best human judgment passed upon them. This right of appeal ought to be given by a Labour Ministry. They should not place their supporters in the awful position of voting against them on the proposition now before the House—
I wish to say that the Government cannot accept this Clause, which will do precisely the opposite to what hon. Members intend. It will narrow down the appeal to points of law. A vast number of cases which come for reconsideration are not matters of law at all. If they went strictly on legal evidence as to whether a crime was, or was not committed, the criminal court of appeal would have to uphold the court-martial. It was right these cases should be reviewed in other circumstances. In a very large number of cases in which the death penalty was remitted, it was not permitted on strictly legal lines. There was absolute provision allowed for every sort of recommendation from the various commanders of the men concerned. I think what is proposed is a dangerous thing and would do exactly what my hon. Friends do not wish to see done. What I do not wish to see done is to cut down the number of cases in which men are let off the death penalty. I wish to see the utmost possible freedom of appeal on every possible grounds. This will defeat the intention of those who support it, and I ask them to withdraw it.
With reference to the statement just made from the Government Bench I should like to point out what are the exact terms of this Amendment. The Amendment proposes to give a man convicted by court-martial and sentenced to death the right of a legal appeal and the argument put forward by the Under-Secretary of State for War does not in any way whatever meet the point. Repeated challenges have been made from the other side of the Committee to give specific cases where an injustice has been done, where a man has been shot under circumstances which in peace time at any rate would outrage the feelings of Members of this House. Hon. Members may find a case reported on the 12th April last year in the OFFICIAL REPORT, a case vouched for by the present Colonial Secretary and by the Financial Secretary to the War Office. I think that it was the Financial Secretary who read out the gruesome details to this House. I have never read a more atrocious story in my life. The case cannot be disputed at all. I think it alone affords a very strong argument why the Amendment that has been moved from these Benches should be accepted by the Government, and, indeed, by the whole Committee. The statement was made, I think, from the opposite side that this Amendment was subversive of Army discipline. How can it be?
I did not say of this one; I was talking of the next one as a matter of fact.
I am not intending to be provocative. I was endeavouring to point out that this particular Amendment cannot be alleged to be subversive of Army discipline at all. It is an attempt on the part of this House to ensure that any soldier shall have the right, upon being condemned to death, of legal appeal. Surely no hon. Gentlemen opposite who are Army officers or ex-Army officers can take exception upon grounds of discipline to this Amendment, and I trust that the Government—the Front Bench who supported this Amendment a year ago—will accept it now. For the life of me I cannot see how the attitude towards a condemned man suddenly becomes wrong when we cross the floor of the House. [An HON. MEMBER: "Wait till you are on the Front Bench!"] If I change my views because I go on to any Front Bench, then I shall lay myself open, and justly so, to the taunt that I am making now. This is a question to attempt to get for the soldiers in the Army the right of a legal appeal after they have gone through all the court-martial business and have been condemned to death.
I feel sure that the Amendment is brought forward in the interests of clemency, but I am also sure that they are wrong as to its effects. The matter was explored by the Darling Commission. They pointed out that a soldier is in a better position as regards appeal than the man who is tried for a civil case. The Commission say in section 104:
"So far as findings are concerned, the Court who actually see and hear the witnesses are far more likely to arrive at a correct conclusion upon conflicting evidence than any Appellate Tribunal. The best method of minimising the risk of error is, in our opinion, not to set up a Court of Appeal, but to strengthen as far as possible the trial Court."
They point out that these death sentences are given with the utmost care and they say:
"As shown by the care with which all considerations were weighed and the desire to show mercy whenever the interests of the Army as a whole, and if the nation permitted, it may be stated that no fewer than 89 per cent. of the death sentences pronounced were commuted by the Commander-in-Chief. We doubt very much whether any Court necessarily not possessing the information which he possessed as to the discipline and morale of the Army, would have ventured to have exercised clemency to any such extent. The Commander-in- Chief, of course, commuted sentences in many cases where the Court of Criminal Appeal would have had no legal grounds for interfering and must therefore have dismissed an appeal."
I recognise that this Amendment is brought forward in good faith, but I would point out that it would have a very bad effect on Army discipline.
I only wish to say a very few words and they are mainly in confirmation of the point of view that has been stated by the right hon. Gentleman who has just sat down. If as a fact an appeal had to go to the Court of Criminal Appeal they could only deal with the legal aspect exactly as they do now in civil cases. That is exactly what would happen in a case of this kind. It is quite true that at present 89 per cent. of the cases in which the death penalty has been pronounced have been commuted. But more than that. It is highly desirable—I am not denying that there may be force in the particular Amendment—if the whole matter is to be investigated, that these points should go along with the other points. At present it is not a vital issue, because in peace time there is nobody being condemned to death. Therefore I appeal to hon. Members as to the desirability of this particular matter being inquired into by the Army, Navy and Air Council, together with the other points of high importance which will be submitted. It is part and parcel of the whole case.
With regard to the Court of Criminal Appeal as at present constituted there is power to deal with cases on the question of fact or misdirection of the jury. Surely the Committee appreciates that the Amendment is to establish an additional Court to deal with cases which a Court-Martial has already decided?
I should like to ask a question. Is it proposed that this Court of Criminal Appeal should decide before the three or four confirming officers or after the Commander-in-Chief has confirmed the sentence?
As I entered the House to-night I was distinctly against the Amendment, because it seemed to me there were very practical difficulties. A man in Palestine or in the East may have a sentence hanging over his head, and a long time may elapse before he is recommended for the Court of Appeal. I heard the speech of the hon. Member for Bury St. Edmunds (Lieut.-Colonel Guinness), which went down to the very depth of my feelings. He said that 89 per cent. of the men condemned to death were let off, but that the fate of others depended on the state of the discipline in the unit. I maintain that the discipline depends on the commanding officer and that if there is a lack of discipline in the unit the man who should
be shot is the commanding officer. The commanding officer takes the credit and he should also take the blame. It is a crying shame that a man should be shot, not because he is guilty or not guilty, but because someone over him thinks the discipline in the unit demands that punishment should be meted out to him.
Question put, "That the Clause be read a Second time."
The Committee divided: Ayes, 120; Noes, 193.
Division No. 41.] AYES. [3.25 a.m. Ackroyd, T. R. Groves, T. Murrell, Frank Adamson, W. M. (Staff., Cannock) Hall, G. H. (Merthyr Tydvil) Newman, Sir R. H. S. D. L. (Exeter) Aske, Sir Robert William Harvey, T. E. (Dewsbury) Oliver, P. M. (Manchester, Blackley) Ayles, W. H. Haycock, A. W. O'Neill, John Joseph Baker, W. J. Hayes, John Henry Owen, Major G. Batey, Joseph Henderson, T. (Glasgow) Paling, W. Benn, Captain Wedgwood (Leith) Henderson, W. W. (Middlesex, Enfield) Palmer, E. T. Birkett, W. N. Hindle, F. Phillipps, Vivian Black, J. W. Hirst, G. H. Purcell, A. A. Bonwick, A. Hodge, Lieut.-Col. J. P. (Preston) Raffety, F. W. Briant, Frank Hoffman, P. C. Rathbone, Hugh H. Broad, F. A. Hudson, J. H. Rees, Capt. J. T. (Devon, Barnstaple) Brown, A. E. (Warwick, Rugby) Isaacs, G. A. Rees, Sir Beddoe Buchanan, G. Jackson, R. F. (Ipswich) Robertson, T. A. Buckle, J. Jenkins, W. A. (Brecon and Radnor) Royle, C. Burnie, Major J. (Bootle) Jewson, Dorothea Scrymgeour, E. Cape, Thomas John, William (Rhondda, West) Scurr, John Chapple, Dr. William A. Johnston, Thomas (Stirling) Sitch, Charles H. Costello, L. W. J. Jones, C. Sydney (Liverpool, W. Derby) Spero, Dr. G. E. Cove, W. G. Kay, Sir R. Newbald Stamford, T. W. Cowan, D. M. (Scottish Universities) Kedward, R. M. Starmer, Sir Charles Crittall, V. G. Keens, T. Stephen, Campbell Darbishire, C. W. Kirkwood, D. Terrington, Lady Dickie, Captain J. P. Lansbury, George Thompson, Piers G. (Torquay) Dickson, T. Laverack, F. J. Thornton, Maxwell R. Dodds, S. R. Lee, F. Turner, Ben Dudgeon, Major C. R. Linfield, F. C. Varley, Frank B. Dukes, C. Livingstone, A. M. Viant, S. P. Dunn, J. Freeman Loverseed, J. F. Watson, W. M. (Dunfermline) Dunnico, H. Macfadyen, E. Welsh, J. C. Edwards, C. (Monmouth, Bedwellty) Maclean, Neil (Glasgow, Govan) Westwood, J. Emlyn-Jones, J. E. (Dorset, N.) Maden, H. White, H. G. (Birkenhead, E.) Finney, V. H. Mansel, Sir Courtenay Whiteley, W. Fletcher, Lieut.-Com. R. T. H. Marley, James Williams, A. (York, W. R., Sowerby) Foot, Isaac Martin, W. H. (Dumbarton) Williams, Maj. A. S. (Kent, Sevenoaks) Gardner, B. W. (West Ham, Upton) Maxton, James Willison, H. Gardner, J. P. (Hammersmith, North) Mills, J. E. Windsor, Walter Gorman, William Morris, R. H. Wright, W. Gould, Frederick (Somerset, Frome) Morrison, Herbert (Hackney, South) Graham, D. M. (Lanark, Hamilton) Morse, W. E. TELLERS FOR THE AYES.— Gray, Frank (Oxford) Murray, Robert Mr. Hardie and Mr. Thurtle.
NOES. Adamson, Rt. Hon. William Bondfield, Margaret Cluse, W. S. Ainsworth, Captain Charles Bowater, Sir T. Vansittart Clynes, Rt. Hon. John R. Alexander, A. V. (Sheffield, Hillsbro') Bowyer, Capt. G. E. W. Cockerill, Brigadier-General G. K. Alexander, Brg.-Gen. sir W. (Glas. C.) Brass, Captain W. Cope, Major William Allen, R. Wilberforce (Leicester, S.) Bridgeman, Rt. Hon. William Clive Courthope, Lieut.-Col. George L. Amery, Rt. Hon. Leopold C. M. S. Briscoe, Captain Richard George Croft, Lieut.-Colonel Sir Henry Page Ammon, Charles George Brittain, Sir Harry Dalkeith, Earl of Astor, Maj. Hon. John J. (Kent, Dover) Brown, James (Ayr and Bute) Davidson, Major-General Sir J. H. Attlee, Major Clement R. Bullock, Captain M. Davies, Evan (Ebbw Vale) Austin, Sir Herbert Burman, J. B. Davies, Maj. Geo. F. (Somerset, Yeovil) Baird, Major Rt. Hon. Sir John L. Butler, Sir Geoffrey Davies, Rhys John (Westhoughton) Baldwin, Rt. Hon. Stanley Butt, Sir Alfred Davison, J. E. (Smethwick) Balfour, George (Hampstead) Campion, Lieut.-Colonel W. R. Dawson, Sir Philip Barnston, Major Sir Harry Charleton, H. C. Dixey, A. C. Becker, Harry Church, Major A. G. Doyle, Sir N. Grattan Betterton, Henry B. Clarke, A. Duncan, C. Blades, Sir George Rowfand Clarry, Reginald George Eden, Captain Anthony Blundell, F. N. Clayton, G. C. Edmondson, Major A. J. Ednam, Viscount Kindersley, Major G. M. Seely, Rt. Hn. Maj.-Gen. J. E. B. (I. of W.) England, Colonel A. King, Captain Henry Douglas Shepperson, E. W. Eyres-Monsell, Com. Rt. Hon. B. M. Lamb, J. Q. Sherwood, George Henry Ferguson, H. Lane-Fox, George R. Short, Alfred (Wednesbury) FitzRoy, Captain Rt. Hon. Edward A. Law, A. Simon, Rt. Hon. Sir John Forestier-Walker, L. Lawson, John James Smith-Carington, Neville W. Gavan-Duffy, Thomas Leach, W. Somerville, A. A. (Windsor) George, Major G. L. (Pembroke) Lessing, E. Spears, Brig.-Gen. E. L. Gibbs. Col. Rt. Hon. George Abraham Lumley, L. R. Spencer, H. H. (Bradford, S.) Gilmour, Colonel Rt. Hon. Sir John Lunn, William Spender-Clay, Lieut.-Colonel H. H. Gosling, Harry Macdonald, Sir Murdoch (Inverness) Stanley, Lord Gould, James C. (Cardiff, Central) M'Entee, V. L. Stewart, J. (St. Rollox) Greenall, T. Mackinder, W. Stewart, Maj. R. S. (Stockton-on-Tees) Greene, W. P. Crawford McLean, Major A. Stranger, Innes Harold Greenwood, A. (Nelson and Colne) Makins, Brigadier-General E. Stuart, Lord C. Crichton- Grenfell, D. R. (Glamorgan) Martin, F. (Aberd'n & Kinc'dine, E.) Stuart, Hon. J. (Moray and Nairn) Grigg, Lieut.-Col. Sir Edward W. M. Mason, Lieut.-Col. Glyn K. Sueter, Rear-Admiral Murray Fraser Guest, Dr. L. Haden (Southwark, N.) Middleton, G. Sullivan, J. Guinness, Lieut.-Col. Rt. Hon. W. E. Moore-Brabazon, Lieut.-Col. J. T. C. Sutcliffe, T. Hacking, Captain Douglas H. Morrison-Bell, Major Sir A. C. (Honiton) Sutherland, Rt. Hon. Sir William Hall, Lieut.-Col. Sir F. (Dulwich) Moulton, Major Fletcher Sykes, Major-Gen. Sir Frederick H. Hamilton, Sir R. (Orkney & Shetland) Nicholson, O. (Westminster) Terrell, Captain R. (Oxford, Henley) Hannon, Patrick Joseph Henry Nixon, H. Thomas, Rt. Hon. James H. (Derby) Harmsworth, Hon. E. C (Kent) Oliver, George Harold Thomson, Sir W. Mitchell-(Croydon, S.) Hartington, Marquess of Ormsby-Gore, Hon. William Tinker, John Joseph Hartshorn, Rt. Hon. Vernon Parkinson, John Allen (Wigan) Titchfield, Major the Marquess of Harvey, C. M. B. (Aberd'n & Kincardne) Parry, Thomas Henry Toole, J. Hastings, Sir Patrick Pattinson, S. (Horncastle) Trevelyan, Rt. Hon. C. P. Hayday, Arthur Pennefather, Sir John Walsh, Rt. Hon. Stephen Henderson, Rt. Hon. A. (Burnley) Penny, Frederick George Warne, G. H. Henderson, A. (Cardiff, South) Percy, Lord Eustace (Hastings) Watson, Sir F. (Pudsey and Otley) Henn, Sir Sydney H. Perkins, Colonel E. K. Watts-Morgan, Lt.-Col. D. (Rhondda) Hennessy, Major J. R. G. Perry, S. F. Webb, Rt. Hon. Sidney Herbert, Dennis (Hertford, Watford) Philipson, Mabel Wells, S. R. Herbert, Capt. Sidney (Scarborough) Pielou, D. P. Wheatley, Rt. Hon. J. Hobhouse, A. L. Potts, John S. Wheler, Lieut.-Col. Granville C. H. Hodges, Frank Rentoul, G. S. Williams, Lt.-Col. T. S. B. (Kennington) Hood, Sir Joseph Rhys, Hon. C. A. U. Wilson, Sir C. H. (Leeds, Central) Howard, Hn. D. (Cumberland, Northn.) Richards, R. Wilson, R. J. (Jarrow) Howard-Bury, Lieut.-Col. C. K. Richardson, Lt.-Col. Sir P. (Chertsey) Windsor-Clive, Lieut.-Colonel George Huntingfield, Lord Richardson, R. (Houghton-le-Spring) Wise, Sir Fredric Iliffe, Sir Edward M. Ritson, J. Wood, Major M. M. (Aberdeen, C.) Inskip, Sir Thomas Walker H. Romeril, H. G. Yate, Colonel Sir Charles Edward Jenkins, W. (Glamorgan, Neath) Ropner, Major L. Yerburgh, Major Robert D. T. Johnstone, Harcourt (Willesden, East) Roundell, Colonel R. F. Jones, J. J. (West Ham, Silvertown) Russell, Alexander West (Tynemouth) TELLERS FOR THE NOES.— Jowett, Rt. Hon. F. W. (Bradford, E.) Sandeman, A. Stewart Mr. Spoor and Mr. Frederick Hall. Kennedy, T. Savery, S. S.
NEW CLAUSE.—(Proceedings for Enlistment.)
At end of Sub-section (1) of Section eighty of the Army and Air Force Act, the following shall be added:—
(2) The general conditions of the contract to be entered into shall include an option as to whether the recruit is willing to take duty in aid of the civil power in connection with a trade dispute, and unless this is signed in the affirmative by the recruit his refusal to undertake such duty during his period of service shall not constitute an offence under this Act or of any rules or regulations connected with service in the Army or Air Forces.—[ Mr. Lansbury. ]
Brought up, and read the First time.
I beg to move "That the Clause be read a Second time."
I would like to say that this is an Amendment to the Army Act that has been moved on a considerable number of occasions by numbers of the party to which I belong. I am not going to find fault with the hon. and right hon. Gentlemen on the Front Bench, who have a perfect right to consider that they must take a different line to that which they took previously. We all have that right, but I think the time ought to have come when in this House we not only had the right, but the freedom to say and vote for what we actually believe. I think one of the faults of the system under which affairs are managed in this House is that men, when they accept office, are expected immediately to change their attitude towards great public questions. But I do not think that those of us who, as Mr. Gladstone once said, remain in a position of greater freedom and less responsibility ought to give up our right to propagate the views that we still hold strongly. The Labour movement most definitely is strongly opposed to the use of troops in Labour disputes. One of the first times I addressed this House was on this subject. That is a good many years ago because a long period elapsed before I came back here, and I see no reason to change my view on this subject. One of the things that convinced me that the ordinary ranker in the Army ought to have some discretion where his conscience is involved was a statement by the late Lord Roberts, who said in a letter addressed to the Press during the Curragh dispute that any human being, whether in the Army or out of it, ought to have the right to follow the dictates of his conscience. The officers at the Curragh were not court-martialled. They challenged the Government of the day and they got away with it. Any common soldier who would have dared to say to his commanding officer what the officers in the Curragh camp said, when they imagined they were up against Ulster, would have been court-martialled. It is all very well for Generals and other people of that sort to take up this high and righteous attitude, but they know perfectly well that the ordinary private has got no choice as to the orders he will obey. His business is to obey the orders of his commanding officer. Yes, but it was interpreted that the officers at the Curragh had a right to follow their own consciences as against the orders of the Government. They simply sent an ultimatum, and in the end they were not called upon to do what they expected and what everybody thought, who believed in the Army, the Army ought to do.
Is it in order to talk about the officers at the Curragh on an Amendment dealing with trade disputes?
The hon. Member is saying that the private soldier should have the same rights as an officer.
And the reason why I ask that the private soldier shall have a right of his own is because at present he has no right. In the end the officers at the Curragh got their way and the result was not, I think, very good for the Army, but Lord Roberts, hon. Members will not accuse him of being an in-
competent military authority, put it on record that a soldier ought to have the right to follow his conscience. He used words which, in effect, meant that there was a limit beyond which you could not command men. If that is good enough from Lord Roberts, we are entitled to say that the ordinary worker who joins the Army shall not be called upon to shoot his brother, or his father, or his cousin, or any relative, and he may, on any occasion, be called upon to do that.
We maintain that every time soldiers are brought into the business of a strike or dispute they do more harm than good. They create disorder instead of bringing about order. [HON. MEMBERS: "How about trade union leaders?"] That is a cheap sort of interjection. You ought to know that trade union officials dread strikes, and next to that, that there should be any disorder. There is no responsible trade union leader in this country who ever enjoys a strike or wants a strike. They never cause a strike. They do their best to keep down strikes. We believe that the military should not be used to put brother against brother, or son against father, or workman against workman. In addition, we think that to use the military only creates disorder. We think that if they are kept away there is more likelihood of peace. We maintain that when a man joins up to defend the country he should not be called upon to take part against his fellow-workers unless he has signed on that he is willing to do so. The Army ought not to be recruited for any such purpose. If you think you must deal with the workers by force, we think a different force altogether ought to be called in, and leave the Army to do its proper job of defending the country. There are a good many other reasons, but I have promised myself that I will be tolerant to the House and not impose myself too long upon you. I therefore move the new Clause.
Question put, "That the Clause be read a Second time."
The Committee divided: Ayes, 67; Noes, 236.
Division No. 42.] AYES. [3.45 a.m. Ayles, W. H. Dickson, T. Graham, D. M. (Lanark, Hamilton) Baker, W. J. Dukes, C. Greenall, T. Batey, Joseph Duncan, C. Grenfell, D. R. (Glamorgan) Buchanan, G. Dunnico, H. Groves, T. Buckle, J. Edwards, C. (Monmouth, Bedwellty) Hall, G. H. (Merthyr Tydvil) Cape, Thomas Gardner, B. W. (West Ham, Upton) Hardie, George D. Cove, W. G. Gould, Frederick (Somerset, Frome) Haycock, A. W. Hayes, John Henry Maxton, James Stamford, T. W. Henderson, T. (Glasgow) Mills, J. E. Stephen, Campbell Hirst, G. H. Morrison, Herbert (Hackney, South) Thurtle, E. Hoffman, P. C. Murray, Robert Toole, J. Hudson, J. H. O'Neill, John Joseph Turner, Ben Isaacs, G. A. Oliver, George Harold Varley, Frank B. Jackson, R. F. (Ipswich) Paling, W. Viant, S. P. Jewson, Dorothea Palmer, E. T. Watson, W. M. (Dunfermilne) John, William (Rhondda, West) Potts, John S. Welsh, J. C. Johnston, Thomas (Stirling) Purcell, A. A. Westwood, J. Jones, J. J. (West Ham, Silvertown) Ritson, J. Whiteley, W. Lee, F. Scrymgeour, E. Wilson, R. J. (Jarrow) Mackinder, W. Scurr, John Windsor, Walter Maclean, Neil (Glasgow, Govan) Sherwood, George Henry Wright, W. Marley, James Short, Alfred (Wednesbury) Martin, W. H. (Dumbarton) Sitch, Charles H. TELLERS FOR THE AYES.— Mr. Lansbury and Mr. Kirkwood.
NOES. Ackroyd, T. R. Dixey, A. C. Kindersley, Major G. M. Adamson, Rt. Hon. William Dodds, S. R. King, Captain Henry Douglas Ainsworth, Captain Charles Doyle, Sir N. Grattan Lamb, J. Q. Alexander, A. V. (Sheffield, Hillsbro') Dudgeon, Major C. R. Lane-Fox, George R. Alexander, Brg. Gen. sir W. (Glas. C.) Dunn, J. Freeman Laverack, F. J. Allen, R. Wilberforce (Leicester, S.) Eden, Captain Anthony Law, A. Amery, Rt. Hon. Leopold C. M. S. Edmondson, Major A. J. Lawson, John James Ammon, Charles George Ednam, Viscount Leach, W. Aske, Sir Robert William Emlyn-Jones, J. E. (Dorset, N.) Lessing, E. Astor, Maj. Hon. John J.(Kent, Dover) England, Colonel A. Linfield, F. C. Attlee, Major Clement R. Eyres-Monsell, Com. Rt. Hon. B. M. Livingstone, A. M. Austin, Sir Herbert Ferguson, H. Loverseed, J. F. Baird, Major Rt. Hon. Sir John L. Finney, V. H. Lumley, L. R. Baldwin, Rt. Hon. Stanley Fletcher, Lieut.-Com. R. T. H. Lunn, William Balfour, George (Hampstead) Foot, Isaac Macdonald, Sir Murdoch (Inverness) Barnston, Major Sir Harry Forestier-Walker, L. M'Entee, V. L. Becker, Harry Gavan-Duffy, Thomas Macfadyen, E. Benn, Captain Wedgwood (Leith) George, Major G. L. (Pembroke) McLean, Major A. Betterton, Henry B. Gibbs, Col. Rt. Hon. George Abraham Maden, H. Birkett, W. N. Gilmour, Colonel Rt. Hon. Sir John Makins, Brigadier-General E. Black, J. W. Gorman, William Mansel, Sir Courtenay Blades, Sir George Rowland Gosling, Harry Martin, F. (Aberd'n & Kinc'd'ne, E.) Blundell, F. N. Gould, James C. (Cardiff, Central) Mason, Lieut.-Col. Glyn K. Bondfield, Margaret Gray, Frank (Oxford) Meyler, Lieut.-Colonel H. M. Bonwick, A. Greene, W. P. Crawford Middleton, G. Bowater, Sir T. Vansittart Greenwood, A. (Nelson and Colne) Moore-Brabazon, Lieut.-Col. J. T. C. Bowyer, Capt. G. E. W. Grigg, Lieut.-Col. Sir Edward W. M. Morris, R. H. Brass, Captain W. Guest, Dr. L. Haden (Southwark, N.) Morrison-Bell, Major Sir A. C. (Honiton) Briant, Frank Guinness, Lieut.-Col. Rt. Hon. W. E. Moulton, Major Fletcher Bridgeman, Rt. Hon. William Clive Hacking, Captain Douglas H. Newman, Sir R. H. S. D. L. (Exeter) Briscoe, Captain Richard George Hall, Lieut.-Col. Sir F. (Dulwich) Nicholson, O. (Westminster) Brittain, Sir Harry Hamilton, Sir R. (Orkney & Shetland) Nixon, H. Broad, F. A. Hannon, Patrick Joseph Henry Oliver, P. M. (Manchester, Blackley) Brown, A. E. (Warwick, Rugby) Harmsworth, Hon. E. C. (Kent) Ormsby-Gore, Hon. William Brown, James (Ayr and Bute) Hartington, Marquess of Owen, Major G. Bullock, Captain M. Hartshorn, Rt. Hon. Vernon Parkinson, John Allen (Wigan) Burman, J. B. Harvey, C. M. B. (Aberd'n & Kincardne) Parry, Thomas Henry Burnie, Major J. (Bootle) Hastings, Sir Patrick Pattinson, S. (Horncastle) Butler, Sir Geoffrey Hayday, Arthur Pennefather, Sir John Campion, Lieut.-Colonel W. R. Henderson, Rt. Hon. A. (Burnley) Penny, Frederick George Chapman, Sir S. Henderson, A. (Cardiff, South) Percy, Lord Eustace (Hastings) Chapple, Dr. William A. Henderson, W. W. (Middlesex, Enfield) Perkins, Colonel E. K. Charleton, H. C. Henn, Sir Sydney H Perry, S. F. Church, Major A. G. Hennessy, Major J. R. G. Philipson, Mabel Clarke, A. Herbert, Dennis (Hertford, Watford) Phillipps, Vivian Clarry, Reginald George Herbert, Capt. Sidney (Scarborough) Pielou, D. P. Cluse, W. S. Hindle, F. Raffety, F. W. Clynes, Rt. Hon. John R. Hobhouse, A. L. Rathbone, Hugh H. Cockerill, Brigadier-General G. K. Hodge, Lieut.-Col. J. P. (Preston) Rhys, Hon. C. A. U. Cope, Major William Hodges, Frank Richards, R. Costello, L. W. J. Hood, Sir Joseph Richardson, Lt.-Col. Sir P. (Chertsey) Courthope, Lieut.-Col. George L. Howard, Hn. D.(Cumberland, Northn.) Richardson, R. (Houghton-le-Spring) Cowan, D. M. (Scottish Universities) Howard-Bury, Lieut.-Col. C. K. Roberts, Rt. Hon. F. O.(W. Bromwich) Crittall, V. G. Huntingfield, Lord Robertson, T. A. Croft, Lieut.-Colonel Sir Henry Page Iliffe, Sir Edward M. Romeril, H. G. Dalkeith, Earl of Inskip, Sir Thomas Walker H. Ropner, Major L. Darbishire, C. W. Jenkins, W. (Glamorgan, Neath) Rounded, Colonel R. F. Davidson, Major-General Sir J. H. Jenkins, W. A. (Brecon and Radnor) Royle, C. Davies, Evan (Ebbw Vale) Johnstone, Harcourt (Willesden, East) Russell, Alexander West (Tynemouth) Davies, Maj. Geo. F. (Somerset, Yeovil) Jones, C. Sydney (Liverpool, W. Derby) Sandeman, A. Stewart Davies, Rhys John (Westhoughton) Kay, Sir R. Newbald Savery, S. S. Davison, J. E. (Smethwick) Kedward, R. M. Seely, Rt. Hn. Maj.-Gen. J. E. B. (I. of W.) Dawson, Sir Philip Keens, T. Shepperson, E. W. Dickie, Captain J. P. Kenworthy, Lt.-Com. Hon. Joseph M. Simon, Rt. Hon. Sir John Smith-Carington, Neville W. Sutcliffe, T. Wells, S. R. Snell, Harry Sykes, Major-Gen. Sir Frederick H. Wheler, Lieut.-Col. Granville C. H. Somerville, A. A. (Windsor) Terrell, Captain R. (Oxford, Henley) Williams, A. (York, W. R., Sowerby) Spears, Brig.-Gen. E. L. Terrington, Lady Williams, Maj. A. S. (Kent, Sevenoaks) Spencer, H. H. (Bradford, S.) Thomas, Rt. Hon. James H. (Derby) Williams, Lt.-Col. T. S. B. (Kennington) Spender-Clay, Lieut.-Colonel H. H. Thompson, Piers G. (Torquay) Willison, H. Spero, Dr. G. E. Thomson, Sir W. Mitchell-(Croydon, S.) Wilson, Sir C. H. (Leeds, Central) Stanley, Lord Thornton, Maxwell R. Windsor-Clive, Lieut.-Colonel George Starmer, Sir Charles Tinker, John Joseph Wise, Sir Fredric Stewart, J. (St. Rollox) Tichfield, Major the Marquess of Wood, Major M. M. (Aberdeen, C.) Stewart, Maj. R. S. (Stockton-on-Tees) Trevelyan, Rt. Hon. C. P. Yate, Colonel Sir Charles Edward Stranger, Innes Harold Walsh, Rt. Hon. Stephen Yerburgh, Major Robert D. T. Stuart, Lord C. Crichton- Warne, G. H. Stuart, Hon. J. (Moray and Nairn) Watson, Sir F. (Pudsey and Otley) TELLERS FOR THE NOES.— Sueter, Bear-Admiral Murray Fraser Watts-Morgan, Lt.-Col. D. (Rhondda) Mr. Spoor and Mr. Frederick Hall. Sullivan, J. Webb, Rt. Hon. Sidney
NEW CLAUSE.—(Period of Service.)
In Section seventy-six of the Army and Air Force Act, which prescribes terms of enlistment, to insert after the word "person," in line 1, the words "who has attained the age of twenty-one," and to leave out the proviso at end of Section and insert "It shall be the duty of commanding officers to return to their homes all young persons discovered to have enlisted before attaining the age of twenty-one."—[ Mr. Ayles. ]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
Every Member of the Committee will agree, whatever their views may be upon war, that war is a horrible thing, and that if resorted to at all it should only be resorted to when every other measure has failed. The purpose of an army or of an air force is to perform a certain horrible duty in an emergency, and the very last thing that we desire our Army or our Air Force to do is to distort the minds of men permanently in the direction of force. One may always assume that this duty—
On a point of Order. Is it in order for an hon. Member to read his speech?
The Rule of the House is that speeches should not be read.
I was keeping closely to my notes, in order to save the time of the Committee. What we find is this. Just at the time when boys should be at home under the control of their parents, at the time when their minds are in the most placid condition, when they are most impulsive, at the time when they should be subject to all the kindly influences of home life then they are drafted into the Army. They are actually enticed into the Army and as many of them as possible in order that we may increase the number of our recruits. We find if we read the Manual of Military Law that these boys are taken as bandsmen, trumpeters, drummers, buglers, clerks, tailors, shoe makers and various other trades. But we not only find that boys can be taken from their homes at the early age of 14 years and eight months, but they can be actually transferred across seas. Every Member of the Committee ought to know that last year at the end of August the War Office actually issued a circular to the education authorities of this country trying to use the schools of our country as a recruiting ground. Our friends opposite agree that that is a perfectly wise thing. I would suggest that if they think that it is a right and wise proceeding for the War Office to take, then they have no right to talk about the militarising in Germany before the War. The fact of the matter is that what has been said by a certain writer appears to have become true in our own experience:
4.0 A.M.
The right hon. Gentlemen opposite think it is a perfectly simple matter that one's children should be taken out of home influences to the unrestrained life of the barrack and the Army. If that is their point of view, some of us on this side strongly dissent from it, and I hope the majority of the Members of the House will also dissent from it. These children are too inexperienced to know or understand the tremendous issues involved when they are asked to join the Army. Their minds are too unformed and too unsettled. So far as the children are concerned, they must know that if they do join the Army they should be sent back to their parents. I want to ask the House to consider seriously whether the time has not come to see whether the age we have put in the Franchise Acts for men or women as being capable of forming a wise judgment as to who should represent them in the House of Commons should not also be the age at which we should think them fit to take this tremendous judgment as to whether they desire to serve in the Army or not.
I hope the party opposite will realise that if any proposal such as this is carried it will mean added difficulty for any one who enters the Army to get employment after they have left the service. This proposal will practically render it impossible, for the delay would be so great. I would urge upon them not to render employment for soldiers absolutely impossible by raising the age limit.
I have only a few words to say. If this proposal were carried, it would certainly destroy one-half of the recruiting material of the Army, which is gained from men between the ages of 18 and 19. To raise the age to 21 would in itself take away more than one-half the material upon which the Army is built up, and I can hardly imagine that such is the object sought. In respect of the recommendation contained in the Amendment, not only are they to be prevented from enlisting before the age of 21, but those who have been passed and have enlisted are to be returned. I am quite sure that the hon. Members who have identified themselves with this Motion can hardly have thought what was involved. First of all the process would be tremendously lengthy and complicated; in fact it would be impossible to do it in an effective time, and it would only have the effect of bringing the Army into absolute contempt. Under no circumstances could this Government or any Government accept such an Amendment.
Question, "That the Clause be read a Second time," put, and negatived.
NEW CLAUSE.—(Drunkenness.)
In Section nineteen of the Army Act (which refers to the offence of drunkenness), for the words "and, if a soldier, to suffer imprisonment or such less punishment as is in this Act mentioned" there shall he substituted the words "and, if a soldier, to suffer imprisonment for a term not exceeding six months, or such less punishment as is in this Act mentioned."—[ Lieut.-Colonel Meyler. ]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
I hope the stern Government will relent in this matter, and allow it to go through. All I ask is that the sentence for drunkenness should be reduced from six mouths' imprisonment with hard labour to two months' with hard labour. I do not think that under the Utopian conditions that are to be brought in by the Government it is necessary to give the men such a severe sentence for drunkenness.
I really must ask the Committee to reject the Clause. I have made a promise on the definite authority of the Government that the whole of these points will be gone into, and, as I said at the beginning, I cannot consent to pick and choose which Amendments will be accepted or rejected. All these questions are questions that are threatening the discipline of the Army. The whole matter will be gone into. I cannot accept this Amendment.
Question put, "That the Clause be read a Second time."
The Committee proceeded to a Division.
Lieut.-Colonel Meyler and Mr. Thurtle were appointed Tellers for the Ayes and Mr. Spoor and Mr. Frederick Hall were appointed Tellers for the Noes; but, one of the Tellers for the Ayes failing to act as Teller, the Chairman declared that the Noes had it.
( seated and covered ):Is it not in accordance with the rules of the House that, if no Tellers appear, the Division is off, and that the side which has its Tellers carries the Division?
The ban. Gentleman is quite right. As the Tellers nominated for the Ayes have not appeared, the Noes have it.
( seated and covered ):Is it not the fact that the two Tellers for the Ayes were named from the Chair?
The Tellers for the Ayes were nominated, but one of them has not turned up.
NEW CLAUSE (Attendance at Church Parade.)
Notwithstanding anything contained in this Act or any general or garrison or other order, including regulations and orders for the Army, or any similar order in the nature of a regulation published for the general information and guidance of the Army, no officer, warrant officer, noncommissioned officer, or soldier shall be compelled to attend any church parade or religious service."—[ Mr. Ernest Brown.
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
On a point of Order. I want to know whether it is in order to go on with the discussion of this Amendment when a large number of Members have only just been released from the Lobby. Owing to some action, for which I do not know the reason, members of this Committee have only just been able to be present in the Chamber.
The hon. Member need have no undue anxiety. The hon. Member I have called upon has not yet opened his mouth.
I have a feeling that the right hon. Member for Bury St. Edmunds (Lieut.-Colonel Guinness) will not consider this new Clause either subversive of discipline or anything else necessary for the efficiency of the Army, and I am sure that the Clause will not only receive a large measure of support from those who served as rankers or subaltern officers and often had to march officers' parades to church, but it will be received, if passed, with very great pleasure in the ranks of the Army. I move this not from any feelings against the Army chaplain. As a matter of fact, in my own brigade in France I was known as a kind of unofficial chaplain myself. [HON. MEMBERS: "Withdraw!"] I have nothing to withdraw. One hon. Member asked me the other day when my atheistical Bill was coming on, and another hon. Member said, "You are sure to carry this Clause in this ungodly House. That hon. Member did not agree with the hon. Member for Dumbarton Burghs (Mr. Kirk-wood) that this was a House of Prayer. I (believe that compulsory military parades are bad for religion in the Army and subversive of the work of Army chaplains. I would double the number of chaplains in the Army if I had my way because it is quite impossible under conditions of active service for 1,000 Army chaplains to serve efficiently, on a voluntary basis, the religious needs of the British Army. I can understand the feelings of a commanding officer, particularly if he is a Scotsman who appreciates the swing of the kilt, but a full-dress parade can take place at any time under the command of a commanding officer. I am sure the institution of compulsory church parades is quite subversive to the influence of Divine worship and religion in the Army. Those of us who have served in "other ranks" and have afterwards commanded in the Army, and who have any religious feelings at all, came out with the impression that there was more blasphemy on Sunday morning than at any other time. [ Interruption. ] I speak only for myself. In doing so, I am sure that the majority of Members of this House will speak through their feet by walking into the Lobby. Let us rid the Army of the anomaly that the soldier is compelled, whether he will or will not, to attend church parade. I believe this Clause would advance the cause of true religion, and every chaplain worth his salt would get a great parade of men. I move this Clause because I feel very strongly that the existence of the compulsory parade is opposed to the best interests of religion in the British Army.
I support the Clause and I hope the Secretary of State for War will give it a sympathetic reception. There is nothing in it which in any way conflicts with discipline, and there is nothing in it which, in my humble belief, conflicts with the best interests of religion. I believe that in every case freedom is necessary, both in politics and religion. I do agree with my hon. Friend that any chaplain worth his salt will not have the slightest difficulty in getting the men to attend. I have had experience both in this country, where you have compulsory church parades, and in France where you had not, at any rate in the small units. One found in France that you got extra ordinarily good attendances and very great fervour, and one volunteer is worth ten pressed men. Even in this House there is a great difference of opinion about attending at prayers, and I notice with surprise that those benches on which sit those on whom lies heaviest weight of State are the emptiest. If their occupants feel, no doubt quite properly, that they can face the duties of the day without that spiritual strengthening which the Private Member considers necessary [ Interruption. I ask that the ordinary soldier may be granted the same freedom to attend or not.
In the Army I never missed a church parade, being a Presbyterian. [ Interruption. ]The Church of England is another matter. In days gone by members of the Church of England tied some of my ancestors to stakes and let the Solway tide drown them. I only mention this to show. [ Interruption. ] Early in the War I was acting as adjutant for a battalion and detailed an officer to conduct a party to a church of which he was not a member. He did not go in himself, but sent the party in. I had to call his attention to the fact that it was his duty not to leave the party; that it was his duty to listen whether there was any treasonable sentence uttered, in which case it was his duty to collect his party quietly and bring them out of the place of worship. It is still laid down in the King's Regulations that an officer or soldier can be marched to a place of worship and left outside while the remainder of the battalion go in. I appeal to this Committee not to make religion a mockery. Religion is mocked when you send men to churches in which they do not believe. It is not fair to the men; it is not fair to their souls. I appeal to the Government to accept this Amendment. If the chaplains are any good, the men will go to church. We had in our battalion one of the finest chaplains I ever met, and if we trust to the highest nature of the men there will not be an absentee from their church parade.
May we have some guidance from' the Government before we divide?
As I stated at the beginning—and I tried to say it as explicitly as possible—we are not accepting any one of the Amendments on the Paper. I do not think I can put it more precisely than that.
Perhaps the Secretary of State for War will reconsider that decision when I give him one experience of his own comrades. One of his own men was on the way on one occasion when an officer called him for not having saluted him. The officer very rightly said to him, "What company do you belong to?" "The Wagon, Coal and Iron Company," came the reply.
Do we understand that this Amendment is going to be referred to the Committee of the Army, Navy and Air Council? Is that the ground on which it is being rejected?
I have said that every one of these Amendments affects in a more or less degree the discipline of the Army, and, having made that statement, I look upon this Clause also as one affecting the discipline of the Army.
I submit with very great respect to the right hon. Gentleman that this Amendment is not in the same category as the other Amendments. Surely the Army Council and the Air Council have nothing to do with a man's religious conscience. How can it affect the discipline of the Army? You force men to go to a service to which they have no desire to go. We know perfectly well what happens in the Army and this Amendment seeks to relieve men from being forced to attend services. I do submit that in this matter the House of Commons has the right to decide. Why not let us decide the question for ourselves? I am suggesting that we ought to do so and that the appeal of the right hon. Gentleman does not apply.
It has been stated that the vast majority of the men who join the Army are children of the ages of 17, 18 and 19. In every public school in the country and every University every young man is encouraged to go to a religious institution and here we have Members of the Liberal party trying to deprive men in the Army, Navy and Air Force of this. They know perfectly well that if they carried this Amendment it might mean in many units that none of these lads would have the opportunity of a religious institution.
I only wish to say that the statement made by the right hon. Gentleman the Secretary for War is altogether unworthy of the Ministry that he represents. I understand the Labour party stands for freedom of conscience, and this is an opportunity, with a big progressive majority in the House, to do away with something that is a reflection upon the intelligence of those who have gone before. The hon. Gentleman who has just taken his seat pleads that because there were young men in the Army that, therefore, we ought to put upon them some system of obligation. There is no Member on the other side of the Committee who would insist upon his son of 18, 19 or 20 years of age going to church if he did not feel inclined, and if anyone were foolish enough to insist upon his son going to church at the age of 18, 19 or 20 it would show that he had a better idea of discipline than he had of religious duties. This is not one of the Resolutions that can be classed with the others wholesale. It is a matter of comment amongst soldiers. I hope in this instance there will be from all sides of the House those who attach sufficient value to the conception of religious freedom to enable us to carry this Resolution and to put an end to what has always been objected to.
As a member of a particular religious denomination I yield to none in this House in my enthusiasm for the beliefs I hold, although some of you may imagine at times that I hold nothing.
I want this House to remember that there is a church in a minority in this country whose sons have also been prominent fighters in the Army and Navy and who have been compelled by circumstances over which they had no control to parade for church services in churches they never believed. I happen to have relatives of my own who served under these circumstances. Why should hon. Members opposite make the private soldier parade? Why should these soldiers not choose for themselves? If I had been an adjutant I would have led them more to their satisfaction, to the village public-house. The chaplains, after all, if they have any influence or any power or personality that men in that position ought to have should be able to preach and influence the men. [An HON. MEMBER: "Treat them?"] And why not? Some of the best clergymen I have ever met were men who were prepared to join the social recreation of the people. The man who believes in cold water ought to be drowned in it. Some people believe in spirits in bottles, others believe in them in a different form; but I say we who drink a glass of beer are no less religious than those who do not. And in so far as some of us are concerned we want liberty in this matter and the right of the man to choose. You do not want men to preach; you want them to fight. You do not want to bully a man against his convictions to go to a parade or service in which he does not believe. If you want to abolish discontent, give the men liberty to please themselves, and I believe by that means you will get greater religious opportunities, greater response and more co-operation. If the chaplains know they have to do their work like outside clergymen without compulsory powers they will put more "vim" into their work.
Question put, "That the Clause be read a Second time."
The Committee divided: Ayes, 114; Noes, 164.
Division No. 43.] AYES. [4.47 a.m. Ackroyd, T. R. Charleton, H. C. Emlyn-Jones, J. E. (Dorset, N.) Aske, Sir Robert William Costello, L. W. J. Foot, Isaac Ayles, W. H. Cove, W. G. Gardner, B. W. (West Ham, Upton) Baker, W. J. Cowan, D. M. (Scottish Universities) Gavan-Duffy, Thomas Batey, Joseph Crittall, V. G. George, Major G. L. (Pembroke) Benn, Captain Wedgwood (Leith) Darbishire, C. W. Gorman, William Birkett, W. N. Dickie, Captain J. P. Gould, James C. (Cardiff, Central) Black, J. W. Dickson, T. Graham, D. M. (Lanark, Hamilton) Bonwick, A. Dodds, S. R. Gray, Frank (Oxford) Briant, Frank Dudgeon, Major C. R Groves, T. Buchanan, G. Duncan, C. Hamilton, Sir R. (Orkney & Shetland) Burnie, Major J. (Bootle) Dunn, J. Freeman Hardie, George D. Chapple, Dr. William A. Dunnico, H. Harvey, T. E. (Dewsbury) Haycock, A. W. Maden, H. Snell, Harry Hayes, John Henry Mansel, Sir Courtenay Spencer, H. H. (Bradford, S.) Henderson, A. (Cardiff, South) Marley, James Spero, Dr. G. E. Henderson, T. (Glasgow) Martin, F. (Aberd'n & Kinc'dine, E.) Stamford, T. W. Henderson, W. W. (Middlesex, Enfld.) Meyler, Lieut.-Colonel H. M. Starmer, Sir Charles Hindle, F. Mills, J. E. Stephen, Campbell Hobhouse, A. L. Morris, R. H. Stranger, Innes Harold Hodge, Lieut.-Col. J. P. (Preston) Morrison, Herbert (Hackney, South) Thompson, Piers G. (Torquay) Hudson, J. H. Murrell, Frank Thornton, Maxwell R. Jackson, R. F. (Ipswich) O'Neill, John Joseph Thurtle, E. Jenkins, W. A. (Brecon and Radnor) Oliver, George Harold Toole, J. Jewson, Dorothea Oliver, P. M. (Manchester, Blackley) Viant, S. P. Johnston, Thomas (Stirling) Owen, Major G. Watson, W. M. (Dunfermilne) Johnstone, Harcourt (Willesden, East) Palmer, E. T. Welsh, J. C. Jones, C. Sydney (Liverpool, W. Derby) Parry, Thomas Henry Westwood, J. Jones, J. J. (West Ham, Silvertown) Phillipps, Vivian White, H. G. (Birkenhead, E.) Kay, Sir R. Newbald Potts, John S. Whiteley, W. Kedward, R. M. Raffan, P. W. Williams, A. (York, W. R., Sowerby) Keens, T. Raffety, F. W. Williams, Maj. A. S. (Kent, Sevenoaks) Lansbury, George Rathbone, Hugh H. Willison, H. Lessing, E. Ritson, J. Windsor, Walter Linfield, F. C. Robertson, T. A. Wood, Major M. M. (Aberdeen, C.) Loverseed, J. F. Royle, C. Wright, W. Macfadyen, E. Scrymgeour, E. Mackinder, W. Scurr, John TELLERS FOR THE AYES.— Maclean, Neil (Glasgow, Govan) Simon, Rt. Hon. Sir John Mr. Ernest Brown and Major Moulton.
NOES. Adamson, Rt. Hon. William Gosling, Harry Parkinson, John Allen (Wigan) Ainsworth, Captain Charles Gould, Frederick (Somerset, Frome) Pennefather, Sir John Alexander, A. V. (Sheffield, Hillsbro') Greenall, T. Penny, Frederick George Alexander, Brg.-Gen. Sir W. (Glas. C.) Greene, W. P. Crawford Perkins, Colonel E. K. Allen, R. Wilberforce (Leicester, S.) Greenwood, A. (Nelson and Colne) Perry, S. F. Amery, Rt. Hon. Leopold C. M. S. Grenfell, D. R. (Glamorgan) Philipson, Mabel Ammon, Charles George Grigg, Lieut.-Col. Sir Edward W. M. Pielou, D. P. Astor, Maj. Hn. John J. (Kent, Dover) Guest, Dr. L. Haden (Southwark, N.) Rhys, Hon. C. A. U. Attlee, Major Clement R. Guinness, Lieut.-Col. Rt. Hon. W. E. Richardson, Lt.-Col. Sir P. (Chertsey) Austin, Sir Herbert Hacking, Captain Douglas H. Richardson, R. (Houghton-le-Spring) Baldwin, Rt. Hon. Stanley Hall, Lieut.-Col. Sir F. (Dulwich) Roberts, Rt. Hon. F. O. (W. Bromwich) Balfour, George (Hampstead) Hall, G. H. (Merthyr Tydvil) Romeril, H. G. Banton, G. Hannon, Patrick Joseph Henry Ropner, Major L. Barnston, Major Sir Harry Harmsworth, Hon. E. C. (Kent) Roundell, Colonel R. F. Blades, Sir George Rowland Hartington, Marquess of Russell, Alexander West (Tynemouth) Blundell, F. N. Hartshorn, Rt. Hon. Vernon Sandeman, A. Stewart Bondfield, Margaret Harvey, C. M. B. (Aberd'n & Kincardne) Savery, S. S. Bowater, Sir T. Vansittart Hayday, Arthur Seely, Rt. Hn. Maj.-Gen. J. E. B. (I. of W.) Bowyer, Capt. G. E. W. Henderson, Rt. Hon. A. (Burnley) Shepperson, E. W. Brass, Captain W. Henn, Sir Sydney H Sherwood, George Henry Briscoe, Captain Richard George Hennessy, Major J. R. G. Short, Alfred (Wednesbury) Brittain, Sir Harry Herbert Dennis (Hertford, Watford) Sitch, Charles H. Broad, F. A. Herbert, Capt. Sidney (Scarborough) Smith-Carington, Neville W. Brown, James (Ayr and Bute) Hirst, G. H. Somerville, A. A. (Windsor) Buckle, J. Hodges, Frank Spender-Clay, Lieut.-Colonel H. H. Bullock, Captain M. Hoffman, P. C. Stanley, Lord Burman, J. B. Howard, Hn. D. (Cumberland, Northn.) Stewart, J. (St. Rollox) Butler, Sir Geoffrey Howard-Bury, Lieut.-Col. C. K. Stewart, Maj. R. S. (Stockton-on-Tees) Campion, Lieut.-Colonel W. R. Huntingfield, Lord Stuart, Lord C. Crichton- Cape, Thomas Iliffe, Sir Edward M. Stuart, Hon. J. (Moray and Nairn) Church, Major A. G. Jenkins, W. A. (Brecon and Radnor) Sueter, Rear-Admiral Murray Fraser Clarke, A. John, William (Rhondda, West) Sullivan, J. Clarry, Reginald George Kennedy, T. Sutcliffe, T. Clayton, G. C. Kindersley, Major G. M. Sykes, Major-Gen. Sir Frederick H. Cluse, W. S. King, Captain Henry Douglas Terrell, Captain R. (Oxford, Henley) Clynes, Rt. Hon. John R. Lamb, J. Q. Thomas, Rt. Hon. James H. (Derby) Cope, Major William Lane-Fox, George R. Tinker, John Joseph Courthope, Lieut.-Col. George L. Laverack, F. J. Tichfield, Major the Marquess of Croft, Lieut.-Colonel Sir Henry Page Law, A. Trevelyan, Rt. Hon. C. P. Dalkeith, Earl of Lawson, John James Varley, Frank B. Davidson, Major-General Sir J. H. Leach, W. Walsh, Rt. Hon. Stephen Davies, Evan (Ebbw Vale) Lee, F. Warne, G. H. Davies, Maj. Geo. F. (Somerset, Yeovil) Lumley, L. R. Watson, Sir F. (Pudsey and Otley) Davies, Rhys John (Westhoughton) Lunn, William Watts-Morgan, Lt.-Col. D. (Rhondda) Davison, J. E. (Smethwick) Macdonald, Sir Murdoch (Inverness) Webb, Rt. Hon. Sidney Dixey, A. C. M'Entee, V. L. Wells, S. R. Eden, Captain Anthony McLean, Major A. Williams, Lt.-Col. T. S. B. (Kennington) Edmondson, Major A. J. Makins, Brigadier-General E. Wilson, Sir C. H. (Leeds, Central) Ednam, Viscount Mason, Lieut.-Col. Glyn K. Wilson, R. J. (Jarrow) Edwards, C. (Monmouth, Bedwellty) Middleton, G. Windsor-Clive, Lieut.-Colonel George England, Colonel A. Moore-Brabazon, Lieut.-Col. J. T. C. Wise, Sir Fredric Eyres-Monsell, Com. Rt. Hon. B. M. Morrison-Bell, Major Sir A. C. (Honiton) Yerburgh, Major Robert D. T. Ferguson, H. Murray, Robert Forestier-Walker, L. Newman, Sir R. H. S. D. L. (Exeter) TELLERS FOR THE NOES.— Gibbs, Col. Rt. Hon. George Abraham Nicholson, O. (Westminster) Mr. Spoor and Mr. Frederick Hall. Gilmour, Colonel Rt. Hon. Sir John Nixon, H.
NEW CLAUSE.—(Amendment of Army Act, Section 180 (2).)
Sub-section (2), paragraph (
After the words inquired into in paragraph ( d ) there shall be inserted the words "in the first instance by an independent tribunal of three officers, either serving or retired, who shall report as to questions of law and fact."—[ Colonel Sir Charles Yate. ]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
I have two Clauses on the Paper, one referring to the Army in England and the other to the Army in India. With regard to the question of an officer who may feel himself aggrieved, according to Section 42 of the Act he may complain to the Army Council in order to obtain justice. The House will realise that neither the Army Council in England nor the Viceroy in India have time properly to inquire into any such complaint. We all know that in cases of officers who have not received justice they have been ruined for life. I ask leave to add a few words so as to provide an independent Court of three officers, either serving or retired, whom the Army Council can call in and ask to inquire into the case and report as to questions of law and fact. The Army Council are very busy men, and the officer in charge of discipline has really no time to go into these cases, and he can always get as many other officers as he likes. All we want is an independent tribunal to hear officers' grievances, and if a man can only state his grievance he is satisfied. Under the present system it is a paper question, and an officer does not get a chance to state his grievance. The Secretary for War has stated that all these questions will be inquired into by a Committee, and if he says this matter will be put before the Committee and inquired into I will say no more. I trust he will do that in order that the whole question may be examined. It has been talked of for years.
I take it the hon. and gallant Gentleman really desires permission to withdraw his two Clauses if I give him the promise he asks. I think I can promise quite explicitly that the matter shall have full investigation by the authority that is to be set up, although I cannot guarantee what conclusion may be arrived at.
I would ask leave to withdraw the Clause.
No.
Does this mean that different treatment is to be given to an officer to that given to a private soldier? I anticipated that the Government would be willing to accept an Amendment coming from the other side of the Committee. It is rather a sad state of matters to find the adamant attitude adopted towards every reasonable Amendment put forward from this side in favour of the ordinary private soldier compared with that adopted when some special plea is made in favour of men who are very well protected both in military and civil life.
May I say that the hon. Member is utterly wrong. If he will read the reports of the proceedings last year or the year before he will see how the matter is stated. The soldier is protected thoroughly in every possible way, but the officer has no protection, and it is in order to give him similar protection to that accorded to the soldier that I have put down the Amendment.
Will the hon. and gallant Gentleman be prepared to support a similar Amendment providing that a private soldier should go before an independent tribunal composed of three privates instead of three officers?
I am quite willing to wait for an answer to that.
You will wait a long time. Is it not a perfectly reasonable proposal? Is there anything superior in the case of the officer to that of the man? When an officer commits a crime, is he entitled to be treated differently from a private soldier? I would like to know whether the Government are supporting this class policy? It is quite obvious that the spirit animating the hon. Gentleman who put forward this Amendment is purely a class one, and it will ill become any ordinary Member from the ordinary common folk to allow an Amendment of this sort to pass without protest.
May I say that I have taken up the same attitude in respect of this Amendment that I have done upon all the others. It is simply a matter for investigation. I said to the hon. and gallant Gentleman that I could not guarantee what conclusions would be reached, and the hon. Member seems to think that what is asked is at once granted. It is nothing of the kind. In every previous case I said that investigation would take place, and a Committee had to be set up for that purpose. All that will take place in connection with this Amendment is investigation, exactly as in other cases.
5.0 A.M.
Will the Committee which the right hon. Gentleman proposes to set up be composed entirely of officers, or does he propose to appoint members representing the private soldier? Have not private soldiers' rights to be protected, and who is going to protect them more properly? I want to ask the Secretary of State if the privates are going to be properly and directly represented, not by officers who are claimed as their protectors, but by representatives of themselves? We shall then understand that this Committee is going to exercise its functions properly and in an impartial manner.
rose to put the Question.
On a point of Order. I want to ask the Secretary of State whether he is not prepared to give an answer to this?
Apart altogether from the fact that it has no relevance to this Amendment, it is quite impossible to say what the exact composition of the Committee will be. That is a matter for the Cabinet. It is a matter for which I cannot take entire responsibility. It is proposed by the hon. Member to have a person representing the private soldier. The Army Council does possess a private soldier in the Financial Secretary, the
Member for Chester-le-Street (Mr. Lawson).
By accident.
He is not a private soldier by accident. He is on the Army Council, and he will represent in the fullest sense the interests of the private soldier.
What will happen if the Government go out of power?
I cannot deal with hypothetical questions. The Army Council will be strengthened by representatives of the other fighting forces, and there will be adequate consideration of all interests involved. The Committee has to report to the Cabinet, which will report to this House. Before it really proceeds with its work, the composition of the Committee of investigation will be known to the House itself.
Shall we have the right to approve it?
Question, "That the Clause be read a Second time," put, and negatived.
NEW CLAUSE.—(Disgraceful Conduct)
In Section eighteen of the Army Act, for the words 'Every soldier who commits any of the following offences," there shall be substituted the words "Every person subject to military law who commits any of the following offences."—( Lieut.-Colonel Meyler. ]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
The Section to which the Amendment refers is that in which the soldiers have the privilege of being tried by court martial for offences of a fraudulent nature, etc. The whole effect is to give the officer a similar privilege in such cases.
Question put, "That the Clause be read a Second time."
The Committee divided: Ayes, 75; Noes, 196.
Division No. 44.] AYES. [5.8 a.m. Ackroyd, T. R. Bonwick, A. Darbishire, C. W. Allen, R. Wilberforce (Leicester, S.) Briant, Frank Dickie, Captain J. P. Aske, Sir Robert William Brown, A. E. (Warwick, Rugby) Dodds, S. R. Ayles, W. H. Burnie, Major J. (Bootle) Dudgeon, Major C. R. Benn, Captain Wedgwood (Leith) Cape, Thomas Dunn, J. Freeman Birkett, W. N. Chapple, Dr. William A. Emlyn-Jones, J. E. (Dorset, N.) Black, J. W. Cowan, D. M. (Scottish Universities) Finney, V. H. Fletcher, Lieut.-Com. R. T. H. Livingstone, A. M. Royle, C. Foot, Isaac Loverseed, J. F. Scrymgeour, E. George, Major G. L. (Pembroke) Macfadyen, E. Simon, Rt. Hon. Sir John Gorman, William Maden, H. Spears, Brig.-Gen. E. L. Gray, Frank (Oxford) Mansel, Sir Courtenay Spero, Dr. G. E. Hamilton, Sir R. (Orkney & Shetland) Martin, F. (Aberd'n & Kinc'dine, E.) Starmer, Sir Charles Harvey, T. E. (Dewsbury) Martin, W. H. (Dumbarton) Stranger, Innes Harold Haycock, A. W. Morris, R. H. Terrington, Lady Hayes, John Henry Moulton, Major Fletcher Thompson, Piers G. (Torquay) Hindle, F. Murrell, Frank Thornton, Maxwell R. Hobhouse, A. L. O'Neill, John Joseph Viant, S. P. Hodge, Lieut.-Colonel J. P. (Preston) Oliver, P. M. (Manchester, Blackley) White, H. G. (Birkenhead, E.) Johnstone, Harcourt (Willesden, East) Owen, Major G. Williams, A. (York, W. R., Sowerby) Jones, C. Sydney (Liverpool, W. Derby) Pattinson, S. (Horncastle) Williams, Maj. A. S.(Kent, Sevenoaks) Kay, Sir R. Newbald Phillipps, Vivian Wood, Major M. M. (Aberdeen, C.) Kedward, R. M. Raffan, P. W. Keens, T. Raffety, F. W. TELLERS FOR THE AYES.— Laverack, F. J. Rathbone, Hugh H. Lieut.-Colonel Meyler and Mr. Willison. Lessing, E. Robertson, T. A. Linfield, F. C.
NOES. Adamson, Rt. Hon. William Gosling, Harry Mills, J. E. Ainsworth, Captain Charles Gould, Frederick (Somerset, Frome) Moore-Brabazon, Lieut.-Col. J. T. C. Alexander, A. V. (Sheffield, Hillsbro') Gould, James C. (Cardiff, Central) Morrison, Herbert (Hackney, South) Alexander, Brg.-Gen. Sir W. (Glas. C.) Greenall, T. Morrison-Bell, Major Sir A. C. (Honiton) Amery, Rt. Hon. Leopold C. M. S. Greene, W. P. Crawford Murray, Robert Ammon, Charles George Greenwood, A. (Nelson and Colne) Newman, Sir R. H. S. D. L. (Exeter) Attlee, Major Clement R. Grenfell, D. R. (Glamorgan) Nicholson, O. (Westminster) Austin, Sir Herbert Grigg, Lieut.-Col. Sir Edward W. M. Nixon, H. Baker, W. J. Groves, T. Oliver, George Harold Baldwin, Rt. Hon. Stanley Guest, Dr. L. Haden (Southwark, N.) Palmer, E. T. Balfour, George (Hampstead) Guinness, Lieut. Col. Rt. Hon. W. E. Parkinson, John Allen (Wigan) Banton, G. Hacking, Captain Douglas H. Parry, Thomas Henry Barnston, Major Sir Harry Hall, Lieut.-Col. Sir F. (Dulwich) Pennefather, Sir John Batey, Joseph Hall, G. H. (Merthyr Tydvil) Penny, Frederick George Becker, Harry Hannon, Patrick Joseph Henry Percy, Lord Eustace (Hastings) Blades, Sir George Rowland Hardie, George D. Perkins, Colonel E. K. Blundell, F. N. Harmsworth, Hon. E. C. (Kent) Perry, S. F. Bondfield, Margaret Hartington, Marquess of Philipson, Mabel Bowyer, Captain G. E. W. Hartshorn, Rt. Hon. Vernon Pielou, D. P. Brass, Captain W. Harvey, C. M. B. (Aberd'n & Kincardne) Potts, John S. Briscoe, Captain Richard George Hayday, Arthur Rhys, Hon. C. A. U. Brittain, Sir Harry Henderson, Rt. Hon. A. (Burnley) Richardson, Lt.-Col. Sir P. (Chertsey) Broad, F. A. Henderson, A. (Cardiff, South) Richardson, R. (Houghton-le-Spring) Brown, James (Ayr and Bute) Henderson, W. W. (Middlesex, Enfield) Ritson, J. Buchanan, G. Henn, Sir Sydney H. Roberts, Rt. Hon. F. O. (W. Bromwich) Buckle, J. Hennessy, Major J. R. G. Romeril, H. G. Bullock, Captain M. Herbert, Dennis (Hertford, Watford) Ropner, Major L. Burman, J. B. Herbert, Capt. Sidney (Scarborough) Roundell, Colonel R. F. Butler, Sir Geoffrey Hirst, G. H. Russell, Alexander West (Tynemouth) Campion, Lieut.-Colonel W. R. Hodges, Frank Sandeman, A. Stewart Charleton, H. C. Hoffman, P. C. Savery, S. S. Church, Major A. G. Howard, Hn. D. (Cumberland, Northn.) Scurr, John Clarke, A. Hudson, J. H. Seely, Rt. Hn. Maj.-Gen. J. E. B. (I. of W.) Clarry, Reginald George Huntingfield, Lord Shepperson, E. W. Clayton, G. C. Iliffe, Sir Edward M. Sherwood, George Henry Cluse, W. S. Jackson, R. F. (Ipswich) Short, Alfred (Wednesbury) Clynes, Rt. Hon. John R. Jenkins, W. (Glamorgan, Neath) Sitch, Charles H. Cockerill, Brigadier-General G. K. Jenkins, W. A. (Brecon and Radnor) Smith-Carington, Neville W. Cope, Major William John, William (Rhondda, West) Snell, Harry Costello, L. W. J. Johnston, Thomas (Stirling) Somerville, A. A. (Windsor) Cove, W. G. Jones, J. J. (West Ham, Silvertown) Stanley, Lord Crittall, V. G. Kennedy, T. Stewart, J. (St. Rollox) Dalkeith, Earl of Kindersley, Major G. M. Stewart, Maj. R. S. (Stockton-on-Tees) Davies, Evan (Ebbw Vale) King, Captain Henry Douglas Stuart, Lord C. Crichton- Davies, Maj. Geo. F. (Somerset, Yeovil) Kirkwood, D. Stuart, Hon. J. (Moray and Nairn) Davies, Rhys John (Westhoughton) Lamb, J. Q. Sueter, Rear-Admiral Murray Fraser Davison, J. E. (Smethwick) Lansbury, George Sullivan, J. Dawson, Sir Philip Law, A. Sutcliffe, T. Dixey, A. C. Lawson, John James Sykes, Major-Gen. Sir Frederick H. Dukes, C. Leach, W. Terrell, Captain R. (Oxford, Henley) Duncan, C. Lee, F. Thomas, Rt. Hon. James H. (Derby) Dunnico, H. Lumley, L. R. Thurtle, E. Eden, Captain Anthony Lunn, William Tinker, John Joseph Edmondson, Major A. J. Macdonald, Sir Murdoch (Inverness) Trevelyan, Rt. Hon. C. P. Edwards, C. (Monmouth, Bedwellty) M'Entee, V. L. Varley, Frank B. England, Colonel A. Mackinder, W. Walsh, Rt. Hon. Stephen Eyres-Monsell, Com. Rt. Hon. B. M. McLean, Major A. Warne, G. H. Ferguson, H. Maclean, Nell (Glasgow, Govan) Watson, Sir F. (Pudsey and Otley) Forestier-Walker, L. Makins, Brigadier-General E. Watson, W. M. (Dunfermilne) Gibbs, Col. Rt. Hon. George Abraham Marley, James Watts-Morgan, Lt.-Col. D. (Rhondda) Gilmour, Colonel Rt. Hon. Sir John Middleton, G. Webb, Rt. Hon. Sidney Wells, S. R. Wilson, R. J. (Jarrow) Yate, Colonel Sir Charles Edward Westwood, J. Windsor, Walter Yerburgh, Major Robert D. T. Whiteley, W. Windsor-Clive, Lieut.-Colonel George Williams, Lt.-Col. T. S. B. (Kennington) Wise, Sir Fredric TELLERS FOR THE NOES.— Wilson, Sir C. H. (Leeds, Central) Wright, W. Mr. Spoor and Mr. Frederick Hall.
Schedule agreed to.
Bill reported, without Amendment; read the Third time, and passed.
The remaining Orders were read, and postponed.
Adjournment
Resolved, "That this House do now adjourn."—[ Mr. Kennedy. ]
Adjourned accordingly at Eighteen Minutes after Five o'clock a.m.