House of Commons
Monday, April 7, 1924
The House met at a Quarter before Three of the Clock, Mr. SPEAKER in the Chair.
Eviction Orders, Bristol
I beg to present a Petition to the House from the citizens of Bristol praying that this House, in consideration of the fact that last year there were 3,000 eviction orders issued, and others are now being issued, will do their best to prevent any further evictions from taking place. They have already presented 5,000 petitions to the Bristol City Council, and they now present 2,983 additional petitions to this House.
Private Business
PRIVATE BILLS (Standing Orders not previously inquired into complied with),
Mr. SPEAKER laid upon the Table Report from one of the Examiners of Petitions for Private Bills, That, in the case of the following Bill, referred on the Second Reading thereof, the Standing Orders not previously inquired into, which are applicable thereto, have been complied with, namely:
Grampian Electricity Supply Bill.
Bill committed.
London County Council (Tramways and Improvements) Bill,
Southampton Harbour Bill,
Stroud Water Bill,
As amended, considered; to be read the Third time.
Bombay, Baroda, and Central India Railway Bill [ Lords ],
Haslingden Corporation Bill [ Lords ].
Read a Second time, and committed.
MINISTRY OF HEALTH PROVISIONAL ORDERS (No. 4) BILL,
"to confirm certain Provisional Orders of the Minister of Health relating to Felixstowe, Folkestone, Sheffield, Stour-bridge, Widnes, and Wolverhampton," presented by Mr. WHEATLEY; read the First time; and referred to the Examiners of Petitions for Private Bills, and to be printed. [Bill 103.]
Oral Answers to Questions
India
Constitution
asked the Under-Secretary of State for India whether this House can rest assured that no project inconsistent with the recommendation of the Joint Committee on the India Reform Act of 1919 to the effect that no revision of the constitution should take place until 1929 will be undertaken without due notice being given to this House?
In accordance with the procedure which has been followed in the past, and is accepted by His Majesty's Government, no modifications affecting the constitution of the Government of India established under the Act of 1919 would be proposed by any Government without due notice being given to this House.
Is the hon. Gentleman aware that during the discussion of the Government of India Act in Committee Mr. Montagu said that this Section would not tie the hands of Parliament in any way? The Commission might be issued at any time.
Before the hon. Gentleman answers that question, may I ask whether it is not the case that there is nothing to tie the hands of Parliament, but only what he has, I understand, admitted, that Parliament should be informed before action is taken?
indicated assent .
Royal Irish Rifles (Lieutenant Glendining)
asked the Under-Secretary of State for India whether he is aware that, in spite of the fact that the General Officer commanding the Allahabad Brigade and the Assistant Director of Medical Services, India, on the 30th of October, 1917, assured the Chaplain of Allahabad that Lieutenant Glendining, 3rd Battalion, Royal Irish Rifles, was being sent to England because the climate of India was unsuitable to his health and that he was not being sent as a mental case, Lieutenant Glendining was, on the 1st of November, 1917, at Bombay placed in a wired-in bungalow under an armed guard; that he was then removed on 4th November to the docks under a guard with several certified dangerous lunatics and handed over to Major Dunn, the Officer commanding the "Takada" hospital ship, as an alleged dangerous lunatic; and whether the whole case of Lieutenant Glendining is under the consideration of the Government of India?
I would refer to the answers given in this House by the Secretary of State for War on the 21st February and 4th March. A telegram has been sent to India asking for an early reply in the case of Lieutenant Glendining.
Is the hon. Gentleman aware that officers have the right to be heard in their own defence at inquiries into their conduct or efficiency? Why has not Lieutenant Glendining been allowed this right?
I should like to remind the Noble Lord that this is a matter within the jurisdiction of the War Office. All that we are doing is asking for the papers.
May I ask why the War Office handed it over to the India Office? If I were to ask the War Office, should I not Le referred to the India Office?
Is the hon. Gentleman aware that the War Office has referred me to him?
Is the hon. Gentleman aware that every medical man to whom this case has been referred has found Lieutenant Glendining absolutely of sound mind?
I understand that in the last reply of the War Office they agreed to consider this question. We have asked for the papers.
Have they not been considering it for the last five or six years?
Transferred Services (Bengal)
asked the Under-Secretary of State for India whether he is aware that, owing to the reduction in the Estimates for the educational and medical services in Bengal, passed by the Bengal Legislative Council, the Government are now forced to dispense with the services of all officers in those departments whose salaries have not been voted, and that 700 have been dismissed; and what steps it is proposed to take to carry on these services?
The facts are substantially as stated by the hon. and gallant Member. The precise number of officers who have been given notice, three months in every case, is 703. My Noble Friend the Secretary of State has the matter under consideration.
When will the hon. Gentleman be in a position to give us a definite answer on this very important matter as to what the Secretary of State proposes to do, in the event of these 700 men being dismissed?
I hope I shall be able to give some information on the Debate next week.
asked the Undersecretary of State for India whether the Governor of Bengal has taken, or is about to take, over the transferred services in Bengal and administer them; and, if so, in what way the money to carry them on will be found?
asked the Under-Secretary of State for India whether he or the Secretary of State in another place proposes to take an early opportunity of stating how the administration of the transferred services is to be carried on in those provinces where the councils have refused to vote necessary supplies?
I hope to be in a position to give full information on the points which the Noble Lord has raised in the course of the Debate which, I understand, is to take place on 15th April, on the Motion of which the Noble Lord the Member for South Battersea (Viscount Curzon) has given notice.
Is the hon. Gentleman aware that this question in a slightly different form was put to the hon. Gentleman last week, and he asked me to put it down again this week? This matter is of the utmost importance. Is the hon. Gentleman aware that my noble Friend has not yet given notice of his Motion? Therefore, how does the hon. Gentleman know that it will be in order to discuss this matter?
I beg to inform my Noble Friend that we have made inquiries, but the Governor of Bengal has not yet made up his mind.
Do I understand the hon. Gentleman to say that the Governor of Bengal has not made up his mind as to what is to happen if this state of administrative chaos continues? Are not the Government doing anything?
Married Soldiers' Pay
asked the Under-Secretary of State for India what is the differentiation of pay between married British Service officers, quartermasters, warrant officers, non-commissioned officers, and men, with children, serving in India, and those of the same rank serving at home; and what steps have been taken to remove the discontent caused by this reduction of pay on the part of those serving abroad in India?
As the answer is rather long, I will, with my hon. and gallant Friend's permission, circulate it in the OFFICIAL EEPOET.
Can the hon. Gentleman tell me, shortly, what is going to be done. Nothing?
Following is the answer:
In the case of officers so many considerations, such as the varying rate of exchange, differences in the cost of living in the two countries, differences in the conditions of service, and differences in the two pay systems, enter into the question, that a simple comparison of sterling with rupee pay converted at the rate of exchange from time to time current is, I think, to be deprecated as misleading. As the hon. and gallant Member is aware, there are certain instances in which such a comparison at the rate of exchange now current will show rupee pay for British Service officers to be at a disadvantage with sterling pay. In the case of other ranks, such minor differences of pay as exist are on the whole in favour of those serving in India. The revision of rates which is due this summer is under active consideration, and great attention is being paid to the factor of local conditions so as to ensure an adequate standard of remuneration, having regard primarily to Indian conditions. The value of rates at home after next July when these are known will also be taken into account when fixing the new rupee rates.
Legislative Assembly
asked whether any member of the depressed classes has been nominated as member of the Legislative Assembly of the Government of India; if not, whether any vacancy exists to which a. member of these classes might be nominated; and whether it is the intention of the Government of India to provide for representation of these classes by nomination to the Assembly?
No member of the depressed classes has been nominated to the Legislative Assembly, and at present no vacancy exists. But the Governor-General (with whom personally the right of nomination rests) informs me that he would certainly consider the claims of these classes should a vacancy occur.
Is it not a fact that these classes amount to 50,000,000 people of India, and will the hon. Gentleman communicate with the proper authority to see that steps are being taken?
Are the members of other castes willing to sit with these gentlemen?
Military Institutions (Exchequer Contributions)
asked the Under-Secretary of State for India what sums have been contributed annually from the Indian Exchequer to various military institutions, naval and military colleges, schools of gunnery and artillery, and other similar institutions from which Indians have been specifically excluded; and whether he will take steps to prevent any such racial distinction being made in future?
I understand the hon. and gallant Member to refer to British training institutions. India does not contribute to any such naval institution. But she makes an annual contribution to His Majesty's Government through what is known as the capitation rate, which covers all the services that the British Government renders in the provision of trained military personnel. It is not possible to give separate figures for institutions such as those to which the hon. and gallant Member refers. Indians are admitted to these institutions so far as they train personnel for the Indian as distinct from the British service, and no racial distinction is made.
Can the hon. Gentleman tell us how much is contributed by India in this way?
I should like to have notice of that question.
Newspapers (Censorship)
asked the Undersecretary of State for India whether he is aware that British newspapers are not allowed to be freely circulated in India; that such newspapers as the "Manchester Guardian," "Daily Herald," "Foreign Affairs," "The Crusader," the "Freeman of America," and other progressive journals are continually being stopped; and will he advise the Indian Government to cease this censorship and allow freedom of the Press to prevail in India?
No, Sir; there is no general censorship of the Press in India. If the hon. Member can bring any cases of interference with the circulation of newspapers to my notice, my Noble Friend will have them inquired into.
Kohat Murders
asked the Under-Secretary of State for India whether he has any information with regard to the escape of two of the Kohat murder gang from Afghan Turkestan who are reported to have taken refuge in Afridi territory; whether the Government will bring pressure to bear on the Afridi maliks to hand over these murderers; and whether he will make strong representations to the Amir of Afghanistan regarding the escape of these prisoners, for whose safe custody and secure deportation to Afghan Turkestan he had promised to be responsible?
The two men referred to have not escaped from Afghan Turkestan after deportation. It was discovered early in February that they were not included among the 28 persons who had surrendered to the Afghan authorities and were then in course of deportation. Their present whereabouts are uncertain. The matter has been under discussion with the Afghan Government, and every effort will be made to effect their capture at the earliest possible date.
Is it not a fact that the Amir of Afghanistan made a definite statement that he would be responsible for the safe custody of these people, and now they have escaped?
May I ask whether the two men referred to in this question as murderers have actually been proved to be murderers; and, if not, whether it is correct so to describe them?
Cannot I have an answer to this question? It is a question of definite fact, and must be known.
I did reply—yes.
Then are we to understand that the Government at home still believe the Government of India's action in allowing the Amir to give these guarantees and keep control of these prisoners was the correct one?
That is a matter for debate.
Civil Service Commission
asked the Undersecretary of State for India when the Report of the Royal Commission presided over by Lord Lee is likely to be presented to Parliament; and whether an opportunity to discuss it will be given by the Government at an early date after its presentation?
I am unable to make any positive statement until my Noble Friend the Secretary of State has received and examined the Report. There will be no avoidable delay.
Will the hon. Member undertake, on behalf of the Government, that no action shall be taken on this Report which would commit the House without the assent of the House?
Are we to understand that the hon. Gentleman refuses to give an undertaking that we shall have a debate on this very important Commission and what is his objection to giving such an undertaking now.
That is a matter of arrangement between the parties.
Finance Act
asked the Undersecretary of State for India what are the principal differences between the proposals in the original Government of India Finance Bill, 1924, and the provisions in the Finance Act as passed into law by the certification of the Viceroy?
The Act as passed reduced the salt duty from Rs.2 per maund proposed in the original Bill to Rs.1¼ per maund. It also omitted certain minor changes proposed in regard to the tariff, the principal one being a reduction in the import duty and excise on motor spirit.
Army Units (Indianisation)
asked the Under secretary of State for India how many King's commissioned Indian officers have been transferred since June, 1923, to the four regiments and four battalions to be Indianised; and what the total number of such officers in those units now is?
I am unable to say accurately without reference to the Government of India, but from a reference to the Army List and Gazettes of India it would appear that six Indian officers with King's commissions have been transferred to Indianised unite and that there are now nine such in these units.
Officials (Indian Press Attacks)
asked the Undersecretary of State for India if his attention has been called to the manner in which mischievous falsehoods are spread amongst ignorant people by the Indian Press, and every official who is called upon to accept responsibility in main taining order is held up to obloquy; and whether he will now consult the Government of India as to the advisability of bringing in legislation to put a stop to this state of affairs?
The more important contents of the Indian journals are brought to my notice every week. There are, no doubt, articles that could be accurately described in the terms used in the question. But when papers commit an offence or an actionable wrong, the Courts of Law are freely used against them, and I do not consider that special legislation is called for.
Did the hon. Gentleman see the disgraceful statements in the Indian Press quoted by Mr. McPherson in the Bihar Legislative Council, and will he take steps to put a stop to the publication of such matter?
I cannot accept that as a Supplementary Question.
Land Revenue Settlement Bill (Madras)
asked the Under-Secretary of State for India whether he is aware that the Land Revenue Settlement Bill was defeated by a majority in the Madras Legislative Council; and what action the Governor of Madras has taken in the matter?
The Secretary of State has received no information on the subject, but inquiry will be made.
In view of the Secretary of State's responsibility to Parliament for all these matters, will the hon. Gentleman accelerate the method by which the present Secretary of State obtains information from India?
We are awaiting a report of the Debates.
Will the hon. Gentleman give any indication when the reports will arrive, and is it beyond the bounds of possibility to send a cable on the subject?
Have not reports appeared in the Press?
Not full reports.
May I ask for an answer to my perfectly reasonable question, whether, it is not possible to communicate with the Government of India by cable?
The Noble Lord knows that we cannot accept an ex parte statement that appears in the Press. We are awaiting a full report of the Debates.
On a point of Order—[ Interruption .]
On a point of Order. [ Interruption .]
I understand that the Noble Lord is submitting a point of Order.
This is a very important matter, on which it is necessary, in the interests of the House, to obtain information. My point was whether or not—[ Interruption .]
Will the Noble Lord put his point to me?
My point is, in what respect the Supplementary Question which I asked—whether it is not possible to communicate with the Government of India by cable—is out of order?
The Supplementary Question was not out of order. It was put twice by the Noble Lord, with my permission, but he will recollect that a year ago a question might be asked of Ministers, and not answered.
Perhaps I may be allowed to state—[ Interruption ]—that no question that was ever put to me was not answered.
I was not referring to the Noble Lord, but to Ministers.
I understood you were referring to me.
I am sorry that the Noble Lord thought that.
I am quite satisfied.
Did you not appeal to hon. Members, Hr. Speaker, to limit their supplementaries, and have not Members on the Opposition Front Bench put repeated supple-mentaries to-day?
I hope now that I may count the hon. and gallant Member as one of my supporters in this matter.
Strike Disturbances (Bombay)
asked the Undersecretary of State for India whether his attention has been drawn to the fact that, in the firing in Bombay on the 7th March, the police did not observe the safeguards provided by law; that two school boys, of the ages of 11 and 12 years, were amongst the casualties; whether these boys were 250 yards away from the scene on the extreme side of the road, and that the firing was not done in the air nor aimed at the non-vital parts of the people, but at their chests: and whether, in view of these facts, a public inquiry into the conduct of the police has been ordered?
I have no particulars as to the individual casualties, and I am not clear as to the safeguards provided by law to which the question refers. If the hon. Member will give me more detailed information, I will have inquiries made. As regards firing in the air, I should, however, say that the police instructions specifically lay it down that care should be taken not to lire upon persons separated from the crowd nor to fire over the heads of the crowd, as thereby innocent persons may be injured.
Is it not a fact that troops never fire over the heads of crowds, as they might injure people further away?
asked the Under Secretary of State for India whether he is aware that at the time of the firing on strikers in Bombay on 7th March no magistrate was present at the scene of the trouble and none was summoned until later; whether, in view of the exemplary conduct shown by the strikers during the weeks of the strike, an inquiry will be ordered into the causes that led to the disturbances; and whether his attention has been drawn to the memorandum drawn up by Mr. Findlay Shirras, the director of labour in Bombay, on the position of the labourers in the present dispute, and the steps that are being taken by the Government to meet the present situation?
Under Indian law the presence of a magistrate before fire arms are used to quell a riot is not essential, but Press reports state that the Commissioner of Police during the riots asked that two magistrates might be sent to the scene of disturbance. The reports which are, by regulation, made by the magistrates and police authorities on the events and the causes of any public disturbance, will doubtless enable the Bombay Government to judge whether there is reason for further inquiry. I do not know of any memorandum by Mr. Shirras answering the description given in the last part of the question.
Will the hon. Gentleman ask for a further report?
Yes, I will.
Ahmedabad Cotton Mill
asked the Undersecretary of State for India whether he is aware that, in the case of the owner of the Ahmedabad Cotton Mill, of Ahmedabad, in Bombay Presidency, some 17 charges were made against him for employing women and children on night duty in contravention of the Indian Factories Act, 1922, and that, after the millowner was fined £100 for one offence, the other cases were withdrawn by the collector; and whether, in view of the seriousness of the offence, he will make inquiries and find out why this withdrawal was ordered?
I have not received any information on the subject, but will ask the Government of India for a report.
European Government Officers' Association
asked the Under-Secretary of State for India whether the European Government Officers' Association gave evidence in India before the Lee Commission on the Public Services; when such Association was formed and for what purpose; and whether it had any activities prior to this Commission being set up?
I do not yet know whether this Association gave evidence before the Royal Commission. It was formed in 1922. I can. let the hon. Member have a copy of its original rules if he desires.
Was this Association formed with the approval both of the Government of India and the Secretary of State?
Yes, I think so.
Irrigation Possibilities (Survey)
asked the Undersecretary of State for India whether he is aware that the Council of State at Delhi on 5th March carried, without a division, a resolution for a fresh survey of irrigation possibilities both from the rivers and wells of India, in the light of scientific advance, and for framing a pro- gramme particularly providing for the organisation of power-lift irrigation from wells; whether he is aware that no such survey has been made since 1901; and whether steps will be taken to give effect to the resolution passed by the Council of State?
Proceedings of the Council of State containing the resolution were received last week, and the views and recommendations of the Government of India on it will be awaited.
Public Services (Recruitment)
asked the Under-Secretary of State for India whether the recruiting for certain services and appointments for India is still done by the Secretary of State and not by the High Commissioner for India; and, if so, which are the services and appointments in question?
Apart form military services, chaplains and a few miscellaneous services and appointments the Secretary of State now recruits only for the All-India Services. Other recruitment, being in general that for all posts and services under the control of Governments in India has been transferred to the High Commissioner. I will circulate in the OFFICIAL REPORT a list of the appointments, recruitment for which is at present undertaken by the High Commissioner.
Following is the list referred to:
List of Services and Posts recruitment for which has been transferred to the High Commissioner for India
1. Librarian, Imperial Library.
2. Keeper of the Records, Government of India.
3. Bacteriological officers (non-service).
4. Town-planning experts.
5. Imperial meteorologists.
6. Mines—Inspectors and Chief Inspector.
7. Explosives—Inspectors and Chief Inspector.
8. School of Mines and Geology—Principal.
9. N.I. Salt Revenue Department—Commissioner, deputy commissioners, assistant commissioners and superintendents.
10. Printing and Stationery—Controller and other officers.
11. Patents and Designs—Controller.
12. Electrical adviser to Government of India.
13. Metallurgical—Inspectors and assistant inspectors.
14. Local manufacturers—Superintendents and deputy of, and chemist in Government Test House.
15. Indian Stores Department—Chief Controller and other officers.
16. Ordnance Mechanics—Chief civil master armourers, principal foremen, foremen, assistant foremen and others graded as such.
17. Appointments made in the United Kingdom to the staff of the Lawrence Military School, Sanawar.
18. Royal Indian Marine Dockyard Staff other than chief constructor, constructor, assistant constructor, and electrical engineer.
19. State Railway—Coal and Mining Department and covenanted staff.
20. Engraver and head engraver, Survey Office.
21. Photo-Lithograph Staff, Survey Office—Two managers, four assistant managers.
22. Mathematical Instrument Office Staff, Survey Office—Officer-in-charge, works manager, two assistant managers.
23. Drawing Office Staff, Survey Office—1st division assistant.
24. Chincona Plantations—Superintendent.
25. North-West Frontier Province—Agri-cultural officer.
26. European carpenter, Forest Department.
27. European gardeners under Government of India.
28. Curator, Industrial Section, Indian Museum, Calcutta.
29. Posts and Telegraph Department—Subordinate wireless personnel, cable foremen, foremen and assistant superintendents of telegraph workshops, instrument mechanicians for workshops and telegraph and telephone offices.
30. Appointments in the Zoological Survey.
31. All appointments made by the local Governments of Governors' provinces to posts and services under their control other than the Bengal Pilot Service.
32. All appointments made by the Government of India for service under a Chief Commissioner.
High Commissioner
asked the Under-Secretary of State for India whether he will state in what respects the Secretary of State is still carrying out the functions of agent of the Government of India; and whether he will take steps to transfer these soon to the High Commissioner's Office?
There is little, if any, business now performed by the Secretary of State which can properly be described as agency for the Government of India. But my Noble Friend is always ready to consider transferring to the High Commissioner any functions which, under the present constitution, are suitable for transfer.
Plague (Punjab)
( by Private Notice ) asked the Under-Secretary of State for India whether he can give the House any information regarding the serious outbreak of plague in the Punjab, which is said to have already resulted in approximately 25,000 deaths, and what steps the Government of India are taking to deal with the epidemic?
I have no information beyond what has appeared in the Press. The Government of India are being asked for a report.
In view of the great danger of the spread of the plague from the Punjab to Bengal and the fact that 700 medical services are under notice to-day, will the right hon. Gentleman take steps to see that these medical services are increased rather than decreased?
Has the hon. Gentleman cabled for this report?
Yes.
British Empire Exhibition
Bengal (Representation)
asked the Under-Secretary of State for India whether, in view of the rejection of the grant for the British Empire Exhibition at Wembley by the Bengal Council, the Governor of Bengal will be able to restore this grant, or what steps he is taking to ensure that the province of Bengal will be represented at this exhibition?
asked the Under-Secretary of State for India whether he is aware that the Bengal Legislative Assembly have rejected the vote of Rs.73,000 to provide for Bengal's share in the Empire Exhibition; and whether the Governor of Bengal has certified the expenditure?
The demand for the current year has been passed in full. A supplementary grant, which, according to my information, was Rs. 89,000 for last year, was rejected, but has been restored.
Indian and Burmese Workers
asked the Under-Secretary of State for India if any Indian or Burmese workers were among those ordered to cease work by the strikers at Wembley on Monday last; and, if so, in view of the risk of the incident being magnified or misrepresented in India and Burma, will he take steps to have it made known in both countries that no racial significance is attached to it, and that in future adequate police protection will be given to all willing to work at the Exhibition?
The reply to the first part of the question is in the negative. The second part, therefore, does not arise.
Strike
asked the Prime Minister what steps His Majesty's Government are taking to inquire into the origin of the strike at Wembley; and whether action is being taken to prosecute strikers who tried to intimidate other workers?
I do not think that any useful purpose would be served by such an inquiry as is suggested in the question. No offences were witnessed by or reported to the police which would warrant any action being taken against either the strikers or their leaders.
Did the Government receive any report on the strike from the managers of the exhibition?
I certainly did not.
Russia
Personal Injury (British Claims)
asked the Secretary of State for Foreign Affairs whether he will make it a condition, precedent to any complete recognition of the Government of Russia, that all British claims for personal injury are settled forthwith?
His Majesty's Government, as the hon. and gallant Member must be aware, granted complete de jure recognition to the Soviet Government on the 1st February, and his question is therefore much out of date.
Is it not a fact that negotiations with regard to these matters are taking place with the Russians, and will the right hon. Gentleman also consider taking into account the cases of persons whose property was requisitioned during the War, for which they are now entitled to compensation?
The answer to both parts of this question is in the affirmative.
Anglo-Russian Commission
asked the Prime Minister, seeing that the Russian Government has appointed M. Theodore Rothstein to represent them as Secretary-General on the proposed Anglo-Russian Commission, if he is aware that His Majesty's Government, in a Note of 21st September, 1921, made strong representations to the Russian Government against M. Rothstein's anti-British propaganda in Teheran in his capacity as representative of the Soviet Government in Persia; and will the Government represent to the Russian Government that M. Rothstein would not be welcome as a representative of Russian interests in this country?
I am informed that owing to the state of Mr. Rothstein's health he will not be included in the Soviet delegation.
asked the Prime Minister whether, seeing the Russian Government has appointed Mr. Maxim Litvinoff to represent them on the proposed Anglo-Russian Commission, he is aware that Mr. Litvinoff was allowed in England as the unofficial representative of Russia in June, 1918, on the definite understanding that he would not undertake propaganda in and against this country; that this promise was broken, and that complaints as to this were made by the then Home Secretary, and Mr. Litvinoff's repatriation insisted upon in the same year; and whether His Majesty's Government has addressed, or propose to address, any protest or inquiry to the Russian Government on the subject?
The facts recited in the first two parts of the question are substantially correct. As regards the last part, in the present circumstances I have not thought it necessary to make any representations as suggested. Mr. Litvinoff has repeatedly represented his Government in negotiations in which we have taken part.
Is it not a fact that, early in 1919, M. Litvinoff was requested to leave Sweden and Denmark?
That is part of a question which I disallowed.
rose —
In these international matters, I must see questions before they are put.
Questions
Abyssinia (Slave Raids)
asked the Secretary of State for Foreign Affairs whether the undated letter signed by the late Mr. Charles Tufton, and printed on page 12 of the League of Nations White Book A 18, 1923, VI, was dispatched from the Foreign Office to Geneva prior to the receipt by Lord Curzon of the dispatch from Sir Lee Stack, dated Erkowitt, 6th May, 1923, dealing with Abyssinian slave raids into the Sudan; and whether the contents of this dispatch have been, or will be, forwarded to the League of Nations?
The reply to both parts of the question is in the affirmative.
Montenegro (Consular Representative)
asked the Secretary of State for Foreign Affairs whether a consular representative has now been appointed for Montenegro; if so, whether he has taken up his duties; what is his name; and whether he has had previous experience of the Montenegrins or only of the Balkans?
The answer to the first part of the question is in the affirmative. The officer selected is Mr. Parr, who has been British Vice-Consul at Durazzo since 1922. He has not had previous experience in Montenegro, but is well fitted for the present appointment. He will shortly proceed to take up his duties at Cettinje.
Will he really live at Cettinje or Ragusa?
I should prefer to have notice of that question.
Serbia (Treatment of Mr. Milne)
asked the Secretary of State for Foreign Affairs whether any reply has yet been received from the Serbian Government in regard to the treatment of Mr. Milne; and whether guarantees have been given that in future British subjects shall not be subjected to similar indignities?
The Serb-Croat-Slovene Government have expressed to His Majesty's Minister at Belgrade their sincere regret at the inconvenience caused to Mr. Milne, and are calling for a full report into the circumstances. As regards the second part of the question, it is inevitable that travellers who visit districts which they know to be disturbed should experience certain inconvenience, especially if they are unacquainted with the language, but it will of course always be the endeavour of His Majesty's Government to ensure that British travellers are not unnecessarily interfered with.
Peace Treaties
Elbe Navigation Convention
asked the Secretary of State for Foreign Affairs whether it is proposed to submit the Supplementary Convention regarding the international navigation of the Elbe (Treaty Series, No. 17, 1924) for the consideration of Parliament before ratification, in accordance with the procedure laid down by the Under-Secretary of State for Foreign Affairs on 1st April?
The Convention was ratified on 29th December, 1923, as the hon. Member will see by referring to the text already laid before Parliament. (Command Paper 2091).
Will the right hon. Gentleman undertake that in future these conventions or treaties shall be laid as Command Papers before they are ratified?
I think my hon. Friend the Under-Secretary of State for Foreign Affairs outlined the other day the procedure that H.M. Government would like to adopt, provided there be no abuse of the privileges of obstruction that may arise therefrom.
Saar (Garrison)
asked the Secretary of State for Foreign Affairs whether, with the object of relieving the French Government of the cost of the garrison in the Saar and of carrying out paragraph 30 of the Annex referred to in Article 50 of the Treaty of Versailles, whereby the only military force in the Saar should be the local gendarmerie, His Majesty's Government will instruct our representative at the next meeting of the Council of the League of Nations to suggest that the German Government should be invited to contribute towards the cost of the local gendarmerie?
This suggestion has been considered, but I feel that it would hardly be proper for the League to invite Germany to contribute to the budget of a territory which is not under German jurisdiction, but under the jurisdiction of the League itself.
Ruhr (Arrest of German Officials)
asked the Secretary of State for Foreign Affairs whether his attention has been called to the arrest of the oberburgomaster of Dortmund and two other German officials in the Ruhr as a reprisal for the condemnation for espionage of a French officer by the Leipzig Court; whether these German officials have been transferred by Allied authorities to a military prison at Dortmund; and whether this has been done with the knowledge of the Rhineland Commission and with the approval of the British High Commissioner?
asked the Secretary of State for Foreign Affairs if he is aware that the burgomaster of Dortmund has been transferred to a Trench military prison at Zweibrücken as a hostage for Captain Pendariès D'Armand, who has been sentenced by a German Court for espionage; and if this action was taken with the assent of the British representatives on the Rhineland? Commission?
His Majesty's High Commissioner at Coblenz reports that the three persons in question have been arrested by the French military authorities and are now confined at Düsseldorf. I need not remind the hon. Member that the jurisdiction of the Rhine-land Commission is confined to the territory occupied under the Rhineland Agreement. Consequently the High Commission as such is not concerned.
Have we any influence at all with reference to the arrest of public officials in occupied territory? Are we consulted in regard to the policy in any way?
No, we are not consulted on the policy. It is a very delicate position to handle, but His Majesty's Government do their best.
Army of Occupation
asked the Prime Minister the total cost of the Army of Occupation in the Rhineland in 1923; if the full cost is paid by the Germans; and the number of British troops in the occupied area?
I have been asked to reply. The answer to the first part of the question is £1,600,000, and to the third part 8,666 all ranks. As regards the second part, Germany now pays on a capitation basis, which, for the financial year 1923–24, is estimated to amount to about three-quarters of the full cost.
asked the Prime Minister if the United States has been paid any part of their claim by the Reparation Commission for their Army of Occupation?
No payments have been made by the Reparation Commission to the United States Government under the agreement with regard to the reimbursement of the costs of the American Army of Occupation of 25th May, 1923 (Command Paper 1973), which has not yet been ratified. During the period of the occupation the American Army of Occupation received from the German Government paper marks to the value of 154 million gold marks (say £7,700,000) in respect of local expenditure. The United States Government has also received Armistice material to the value of 59 million gold marks (say £3,000,000).
What is the balance now of the claim of the United States?
I am afraid I should have to ask my hon. Friend to give me notice of that question. There is some controversy, as he knows.
Memel
asked the Prime Minister whether the new draft convention for the future status of Memel has been accepted by the States concerned; and, if not, whether the matter is now in the hands of the Ambasasdors' Conference or with the League?
The answer to the first part of the question is in the affirmative. In regard to the second part, the French Government drew attention to certain errors of drafting in the French text of the Convention prepared at Geneva, and to minor divergencies between the English and French texts. The Conference of Ambassadors are at present engaged in rectifying these verbal errors. There is no question of any modification of substance in the text accepted at Geneva.
May I ask whether the answer to the first part of the question includes the Russian Soviet Government?
Germany (Experts' Reports)
asked the Prime Minister whether he proposes, before the House rises for Easter, to afford an opportunity for a discussion on the experts' reports on the economic condition of Germany; and whether, in any case, the Government intends to make a statement itself on the subject before Easter?
Until His Majesty's Government have received the report and considered it, I regret that I am unable to reply to the hon. and gallant Member's question.
Questions
Mixed Arbitral Tribunals (Enemy Debts)
asked the Secretary of State for Foreign Affairs whether, in view of the Clauses in the Peace Treaty to the effect that, if the number of cases justifies it, additional divisions of the mixed arbitral tribunals (enemy debts) may be set up, and in view of the large number of cases which have for so long been held up and still remain to be settled, he will demand the setting up of a third division?
I have been asked to reply. I would refer to the answer given to the question asked by the hon. Member on the 25th March on the same subject.
Italian Naval Bases
asked the Secretary of State for Foreign Affairs if he can make any statement on the decision of Italy to construct naval bases on the islands of Sardinia and Sicily?
I have no information beyond what has appeared in the Press, nor would I think it proper to make any comment upon the naval dispositions of a friendly Power within her own waters.
In view of the fact that a moral gesture has been made to Europe, does the right hon. Gentleman consider that is a satisfactory response?
Secret Treaties
asked the Secretary of State for Foreign Affairs whether he has discovered any secret treaties or undisclosed engagements entered into by previous Governments?
The answer is in the negative.
Are we to understand that the policy of His Majesty's Government, as far as secret treaties are concerned, is just the same as we have always pursued in this country?
No, certainly not.
Dock Labour (Decasualisation)
asked the Prime Minister what steps are being taken to bring about the decaeualisation of labour at the docks and port3 of the country?
I have been asked to reply. This question is being dealt with by the Committee under the chairmanship of Sir Donald Maclean, the appontment of which was announced on 2nd April in reply to a question, by the hon. Member for Moseley.
May I ask the Prime Minister, to whom this question was addressed, whether, in the event of this Committee not reporting; favourably, or not coming to a conclusion, His Majesty's Government are prepared to legislate?
Members of Parliament (Railway Passes)
asked the Prime Minister on what estimates were based the figures provided to him by railway companies of the cost of conveying Members of Parliament to and from their constituencies to the House of Commons; whether the estimates were based on the normal price of season tickets, or some approximate forecast of the number of journeys each Member would require; and whether they included profit to the companies or merely the net cost of transit?
The figures furnished by the Ministry of Transport were based on the normal price of season tickets as charged to the public, and it is understood that the estimate supplied by the railway companies was framed on the same basis.
Is it not a fact that, excluding Members around London, this means an average of about £140 for conveying Members to and from their constituencies; and is it right that these great monopolies should be allowed to charge in this way for work of national importance?
asked the Prime Minister whether, having regard to the impending discussion of railway passes to Members of Parliament, he will circulate a White Paper setting forth the practice followed in this matter in the British Dominions and in foreign countries?
As regards British Dominions, I would refer the hon. Member to the answer which I gave on the 31st March in reply to a question from the hon. Member for Acton. As regards foreign countries, I would refer him to Command Paper 5714 (1911). I do not think it is necessary to circulate a special White Paper.
asked the Prime Minister whether the proposal to grant railway passes to Members is to be left to the free vote of the House; and, if so, should the decision be favourable, can he see his way to postpone the operation of the benefit till the next elected Parliament, thereby giving the electors an opportunity of expressing approval or disapproval of their representatives' action?
The answer to the first part of the question is in the affirmative. As regards the last part of the question, I would refer the hon. Member to the answer given on Thursday last in reply to a question by the hon. and gallant Member for Faversham (Major Wheler).
Is the right hon. Gentleman aware that the question of granting free railway passes to Members of Parliament is not a question that was before the electors at the last Election, and is he aware that the Government have no mandate from the electors in this direction?
Will the Prime Minister take into consideration the fact that the previous Government in 1920 gave to the richest Members of this House a rebate on their Income Tax, and to the poorest Members nothing at all?
Mr. John Harris.
On a point of Order. In view of the fact that the question especially refers to the matter not having been before the electors of this country, may I have a reply to my supplementary question?
That is not a point of Order; it is a little speech.
Surely I am entitled to a reply.
Money Wages
asked the Prime Minister whether his attention has been called to the serious anomalies in wage rates that are arising in different occupations according as they are sheltered from or exposed to competition at world prices, with the result that skilled workers are in many cases being paid less wages than unskilled workers, and a privileged class of wage earners in sheltered industries is being created, largely at the expense of the wage earners in less favoured industries; and whether he will consider the desirability of instituting a comprehensive scientific inquiry by independent persons into the whole question of money wages with a view to disclosing and removing the causes that give rise to these anomalies?
I have been asked to reply. I am sending the hon. and gallant Member a copy of a reply which I gave on 2nd April to a question on this subject by the hon. Member for the East Birkenhead Division.
Industrial Disputes
Preventive Measures
asked the Prime Minister whether the Government is receiving from commercial and other organisations representations as to the injury caused by lock-outs and strikes, also suggestions for further legislation designed to prevent them; and whether, in view of the menace to national well-being caused by the increase of lock-outs and strikes, he will consider the advisability of appointing a Select Committee of inquiry into their causes and effects, and to make recommendations designed to minimise the severity and frequency of these industrial disputes?
The subject of industrial unrest is receiving the careful consideration of the Government, but I am unable at the moment to make a definite statement in regard to it.
Tramways and Omnibus Strike
asked the Prime Minister whether he advised the parties in the recent transport strike that it was the intention of His Majesty's Government to allow the tramway authorities concerned to divert certain expenditure from revenue to capital account; if so; will he state the specific expenditure referred to; and when he proposes to introduce the necessary legislation?
It was indicated on behalf of the Government to the municipal tramway authorities affected by the recent strike that, in accordance with existing law, the Government Departments concerned are prepared to consider applications for sanctions to meet the costs of reconstruction by means of loans where such sanctions are required and can be given. So far as I am aware, legislation on this point is not necessary.
Does that mean that relief will be given to tramways in respect of the upkeep of the roads, and does not the relief which the right hon. Gentleman suggests mean, in effect, a subsidy to wages out of the rates and taxes?
Any statement that was made is strictly within the powers already defined and given by this House to municipal tramway authorities and Government Departments under private Acts.
As this is a matter of so much importance to municipal corporations who are engaged in that sort of work, will the right hon. Gentleman indicate, at some future time, what is really meant, as we are quite in the dark as to what it means?
It is exactly what I have said.
asked the Prime Minister whether any condition was made during the negotiations in connection with the recent tramway dispute to the effect that the Government would press forward the London Traffic Bill?
The Court of Inquiry had stated that a measure for the co-ordination of London traffic was the only basis at present suggested for re-opening negotiations. I, therefore, pointed out to the parties that the Government were already pledged to the immediate introduction of the London Traffic Bill, and would use their beet endeavours to get their Measure carried into law. It was also made clear that the London Traffic Bill had been prepared and introduced for the purpose of dealing with London traffic, and not in particular connection with the strike.
Public Services
asked the Prime Minister whether his Government proposes to take any action to protect the public against injuries inflicted upon it by stoppages of industry in national utility services?
asked the Prime Minister whether he will now take steps, having regard to recent stoppages of public services and industry through wage disputes, to appoint a strong committee to examine the present methods of negotiation with a view, in the interests of all concerned, to make it illegal for a strike or lock-out to occur till the court of inquiry shall have given their pronouncement?
I can add nothing to what I have already said in reply to questions on this subject.
Leaving compulsory arbitration out of the question altogether, will the right hon. Gentleman look at Part II of the Industrial Courts Act, with a view to permitting a Court of Inquiry to be held earlier in cases where the public interest is clearly involved?
I think my right hon. Friend will be aware that as a matter of fact we have set up these Courts earlier than has been the custom pre- viously, and one of the matters which will be carefully considered will be whether any alteration is necessary in order to enable us to set them up still earlier.
Would the right hon. Gentleman consider the advisability of summoning an Industrial Conference, in order that employers and employed may discuss methods of carrying on the services and industries of this country with a little less damage to the community?
Is the Prime Minister aware that when the right hon. Gentleman the Member for North-West Camberwell (Dr. Macnamara) was Minister of Labour he refused to operate Part II of the Act?
I think we had better wait and see if we can come to some sort of agreement that will put things on a better footing than they are on now. So far as the Noble Lord's question is concerned, that and other subjects and suggestions will be very carefully explored to see how practical they are.
Conspiracy and Protection of Property Act, 1875
asked the Prime Minister whether he will bring in legislation applying the principle of Section 4 of the Conspiracy and Protection of Property Act, 1875, now only applied to gas and water companies, to railways, transport services, electricity supply companies, and similar undertakings, upon which the public is dependent?
I have been asked to reply to this question. The Government do not see their way to propose legislation on the subject.
Questions
Parliamentary Visits, Great Britain and France
asked the Prime Minister if, in order to promote a more friendly atmosphere between the peoples of Great Britain and France, he will consider the possibility of arranging an interchange of visits on social and friendly lines between a number, say, 50 or 100, of Members of the House of Commons and a similar number of Members of the French Parliament?
I feel that social arrangements of this nature are best left to private initiative. As the hon. Member is aware, an opportunity of meeting members of foreign legislatures is already afforded to Members of this House by an unofficial body, the Inter-Parliamentary Union. The Government looks with favour on these efforts, and does what it can to make them a success.
Factory Workers, China
asked the Prime Minister whether his attention has been called to Vol. VI, No. 12, Industrial and Labour Information, dated 22nd June, 1923, which records the difficulty in enforcing the International Labour Convention for the protection of Chinese factory workers owing to the extraterritoriality of the foreign settlements; whether the Chinese Government has appointed a commission to negotiate with foreign Powers; and whether, in the circumstances, His Majesty's Government will render every possible assistance to the Government of China?
The answer to the first part of the question is in the affirmative. As regards the second part, I have no information as yet, but His Majesty's Minister at Peking has been instructed to report. The third part, therefore, does not at present arise.
Treaties and Conventions (Ratification)
asked the Prime Minister whether, and, if so, when, he proposes to suggest any amendment to the Standing Orders of the House ill connection with the new procedure adumbrated by the Under-Secretary of State for Foreign Affairs on 1st April in connection with the consideration of all Treaties and Conventions by Parliament before such Treaties and Conventions can be ratified by His Majesty?
No amendment to the Standing Orders of the House is considered necessary or desirable.
Housing
Evictions
asked the Prime Minister whether he will arrange with the Lord Chancellor to obtain telegraphic returns as to evictions during the last 12 months under the provisions of the Rent Restrictions Act, 1923, distinguishing those for non-payment of rent and other causes and, if possible, indicating how many of the former were cases of inability to pay through unemployment?
The Lord Chancellor has already made arrangements for a return to be made of all such proceedings in the County Courts since the 1st August, 1923, when the Act of 1923 came into operation. The return will contain such information as is relevant and available, but for reasons which the right hon. Gentleman will no doubt appreciate, it will be impossible to determine how many cases of failure to pay rent were due to unemployment.
Having regard to the position of the new Rent Bill which is before the House, may I ask the Prime Minister when he thinks it will be possible to get this return, and whether he will postpone the Bill until we do get it, so as to let us know whether there is any real foundation for it?
My right hon. Friend is aware, of course, that there are 450 of these Courts, and that when we get the information it will take us some little time to collect and coordinate it. With reference to the postponement of the Bill, the whole point is that the Bill is emergency, and if it is going to be of any use whatever it ought to be got through without delay.
Will the right hon. Gentleman also consider obtaining what information is available from Magistrates' Courts which have been giving decisions contemporaneously with County Courts, and will he recognise that the information from the County Courts will be insufficient for the purpose?
I am perfectly well aware that that is one of the difficulties, that it is not only the Courts referred to in the question which have been dealing with this matter. There are other Courts as well, and for a good many reasons the returns from the other Courts are more valuable for our guidance than those from the County Courts.
In the case of Scotland, is not the information required already in the possession of the Scottish Office, and if so can we not have it?
I am not the Secretary for Scotland. I am informed they have not got the information, but the hon. Gentleman might put a question on the Paper.
If the right hon. Gentleman considers that the returns from the Magistrates' Courts are even more important for the consideration of this question than those from the County Courts, may I ask him to secure returns equally from the Magistrates' Courts?
Yes, I will do that with great pleasure. The only point, as I hope the right hon. Gentleman will not forget, is that this is either an emergency Bill or nothing at all.
Had the right hon. Gentleman and his Government no information in their possession when they introduced the Bill?
Oh, yes, and when my right hon. Friend introduced it and moved the Second Reading, he gave certain typical figures—
Not figures.
I am sorry if my memory is playing me a trick, but surely my right hon. Friend gave certain figures from certain Courts, which he regarded as typical and representative.
In these returns, shall we not only have information as to the actual evictions carried out, but as to orders made for eviction?
That is so. The point in connection with this question now put by the hon. and gallant Gentleman is that these figures, when they come, will be lump figures, and will not be able to be so analysed as to give a very accurate statistical basis.
Statistics
asked the Prime Minister whether, in view of the large amount of pending and proposed legislation affecting housing and rent restriction, he will obtain without delay definite and reliable statistics on the Various problems connected with these proposals, especially in regard to the cost of house repairs, numbers and causes of evictions, numbers and types of house owners, and a return from all local authority areas as to the number of new houses sanctioned and the number of new houses needed?
As regards evictions, I would refer to the answer given to-day to the right hon. Gentleman the Member for Twickenham. As regards the cost of house repairs, I am afraid that it is not possible to obtain any general figures. As regards number of new houses sanctioned, I will give the hon. Member the particulars available in the Ministry of Health. The question of a survey showing numbers of new houses needed is under consideration.
Will the right hon. Gentleman say when he communicated with the County Court Judges as to the number of evictions, and whether he did it by telegram or otherwise?
I am afraid that it does not lie with me to communicate directly, but the proper people have been in touch with them for some weeks past.
Can the right hon. Gentleman tell me whether the Lord Chancellor has been referred to?
As regards the number of new houses needed, will the right hon. Gentleman take into consideration the fact that all these returns, when previously made, involved a great deal of labour and were perfectly useless because the results were not comparable?
I am quite satisfied that if we could get all the houses that we know are needed, we should be in a much better position than we are to-day.
In view of what the Prime Minister said, if the Minister of Health has not the figures for the whole of Scotland, how did the Prime Minister know that the figures which the right hon. Gentleman gave in the Debate were typical figures?
We Have not the whole figures, even for Scotland, and we have no machinery for ascertaining what number of people at present threatened with eviction are unemployed.
Questions
Restoration of Order in Ireland Act
asked the Prime Minister when the Committee appointed in July, 1923, to review the provisions of the Restoration of Order in Ireland Act held its last meeting; when the present First Lord of the Admiralty resigned from the Committee; and whether he proposes to fill up the vacant place and ask the Committee to go on with its sittings?
I am informed that the last meeting of the Committee referred to was held on the 22nd November, 1923. Progress has been hampered since then owing to the unfortunate illness of the chairman. The present First Lord of the Admiralty resigned membership of the Committee on taking up his present appointment. In view of the advanced stage which the enquiry has reached it is not proposed to fill his place. I understand that the Committee will probably be in a position to make their Report before very long.
Inter-Allied Debts
asked the Prime Minister whether the House will be given an opportunity of considering any fresh arrangements relating to inter-Allied indebtedness or reparations before any agreement is reached?
I have examined this question very carefully in an endeavour to meet any definite point that may be in the mind of my right hon. Friend, but I cannot see how it can be done within the limits of an answer to a question. My right hon. Friend knows the difficulties under which international negotiations are carried on and the absolute necessity that responsible representatives should be in a position to speak definitely in the name of their country. Whoever conducts these negotiations must, of course, never fail to take account of public opinion, but I must claim for the present Government the same freedom of action which all their predecessors have enjoyed, not merely as a matter of precedent, but because on any other conditions negotiations would be impossible.
Are we to assume that the statement of the Under-Secretary for Foreign Affairs means nothing?
The right hon. Gentleman is not going to assume that, as I am sure he knows it meant exactly what it said.
How is the right hon. Gentleman to gauge public opinion unless there has previously been a discussion in this House?
There will be opportunities for discussions in this House before there will be the least chance of opening these negotiations.
After listening with much agreement—I think I may say with complete agreement—to the right hon. Gentleman's statement, may I ask him what was the innovation which the Under-Secretary for Foreign Affairs announced with such a flourish of trumpets?
I think the right hon. Gentleman will again agree with me when I say he has now left the realm of question and answer and gone into that of debate.
When will the Prime Minister be good enough to give me an opportunity of debating it?
Fortunately, it is quite unnecessary for me to give an opportunity which the Rules of the House do.
To what opportunity does the right hon. Gentleman refer?
The Motion for the Adjournment.
Has not the Under-Secretary for Foreign Affairs afforded another example of the need of disciplinary action?
Treaty of Lausanne (Canadian Government Attitude)
asked the Prime Minister whether he can now make any further statement as to the position taken up by the Canadian Government as to the obligations imposed by the Treaty of Lausanne?
The position of the Canadian Government is as stated by me last Tuesday. My attention has been drawn to a statement by the Canadian Prime Minister, but he does not seem to have differentiated between the part of my speech in which I was reporting the position of the Canadian Government and a sentence I added in reply to an interruption expressing my own belief as to what in actual fact, should necessity arise, Canada would do. Perhaps the difference of the two objects I had in view was not quite clear, though there can be no doubt of it from a careful study of the words, but I am glad to have this opportunity of pointing out the facts.
Does the Prime Minister remember that the question was, whether Canada accepted the obligation, and that he replied, "I am perfectly certain that Canada accepts the obligation"—that is, the obligation under the Straits Convention? Is not that quite inconsistent with the report in the "Times" that the Prime Minister of Canada emphatically stated that Canada would not accept the obligation and would not agree to the ratification of the Treaty?
The fact is, as I have stated now, that it is clear—I have the report before me—that what the meaning of the detached sentence I uttered, after I had left the subject of the Canadian position, was that in view of what had happened, in my opinion, Canada would do so.
Are we to understand that Canada does not accept the obligation?
I would refer my hon. Friend to the OFFICIAL REPORT for an exact statement of the position of the Canadian Government.
Can the Prime Minister say whether he has had any communication with the Dominion Governments to inquire whether they have any objection to his laying papers on this subject?
We have asked them if they have any objection to that, but we have had no reply. The position is that it is impossible to lay merely one communication; the whole series must be laid if the position is to be made clear.
In view of the fact that the Government had no difficulty in getting permission to lay papers regarding Singapore, will the Prime Minister endeavour to get a reply before next Wednesday, stating whether or not the Dominions object to the laying of papers.
I am sorry to be pressed in that way. We have taken precisely the same steps regarding these papers as we took regarding the Singa-pore papers.
Italy (Expulsion of British Journalist)
asked the Prime Minister whether he is aware that the Rome correspondent of a London daily paper has been expelled from Italy on the grounds of spreading news alleged by the Italian authorities to be both prejudicial to the interests of that country and also inaccurate; and whether, seeing that the above correspondent is a British subject, he will satisfy himself that the expulsion was deserved, or, if not, make representations accordingly to the Italian authorities concerned?
The answer to the first part of the question is in the affirmative. His Majesty's Ambassador at Rome has already approached the Italian Government on the subject.
Will the Prime Minister state the name of the newspaper?
I do not venture to go further than the question on the Paper.
Is it a fact that the paper referred to is the "Daily Herald"? [HON. MEMBERS: "Why not?"]
Trade Unions (Public Control)
asked the Prime Minister if he will recommend the setting up of a Committee to inquire into the means of bringing trade unions under public control?
The answer is in the negative.
Nigeria (Execution of Natives)
asked the Secretary of State for the Colonies how many natives of Nigeria were tried, sentenced to death and executed without being allowed the assistance of counsel in the Courts since the year 1920?
The numbers of persons executed after trial in the Provincial Courts and Native Courts are as follow:
How would my right hon. Friend like to be tried for his life without having any counsel to represent him?
I should feel just the same as the Noble Lord.
Can the right hon. Gentleman give any reason why men who are tried on account of charges involving sentence of death should not be defended by counsel?
In question and answer I could not give any reasoned statement as to what has been the policy which I have inherited and will look into.
Is it not a disgraceful policy?
Gold Coast (Takoradi Harbour)
asked the Secretary of State for the Colonies whether, in view of the experiences in connection with the construction of the Takoradi harbour works, he will in future, when calling for estimates for Departmental public works, also invite tenders from private contractors?
I will certainly consider the advisability of calling for tenders in the case of important public works in the Colonies, but I cannot bind myself in advance to adopt this course in any particular case.
Is it a fact that over £1,000,000 has been spent and the harbour works have not yet been begun?
It is true that money has been spent. It is true that I am having an investigation, but the question put to me is whether I will bind myself in advance to a particular policy, and that I refuse to do.
Was not this the specific and unanimous recommendation of the Ronaldshay Commission?
The question which I am asked to answer is as to whether I will bind myself in advance to a particular policy, and that I refuse to do.
Business of the House
( By Private Notice ) asked the Deputy-Leader of the House whether he is aware that the Committee stage of the National Health Insurance (Cost of Medical Benefit) Bill is down for discussion in Committee C to-morrow morning; and whether, in view of the promise of the Minister of Health that, before the discussion commences, a White Paper would be issued providing the actuarial and other calculations without which intelligible discussion is impossible, he will agree to postpone the Committee stage until such White Paper is circulated?
The answer to the first part of the question is in the affirmative; as regards the second part, the White Paper will, I am informed, be available in the Vote Office in the course of the afternoon, and advance copies are, I understand, being sent to the members of the Standing Committee.
I have had a very courteous reply from the Minister of Health, since I have been in the House, but the reply giving me advance copies of the White Paper says that copies may not be available in the Vote Office in time to be of much use to Members of the Standing Committee.
They will be available for the Standing Committee.
In view of the fact that the business announced for Thursday has1 been departed from by the first Order being put ahead of the other two, is it proposed to take the Committee stage of the Trades Facilities Bill, in view of the fact that certain Members have made special efforts to come here for it?
I must ask for notice of any question relating to Thursday's business.
Will it toe taken to-day? The business of last Thursday has been departed from. In view of that fact, is it proposed to take the Committee Stage of the Bill, Order No. 4 on the Paper to-day, or how far does the Government intend to proceed?
It is not intended to-day to take the Committee Stage of the Trades Facilities Bill.
Inasmuch as the right hon. Gentleman has failed to provide Members with the White Paper relating to the business this afternoon, does he propose to proceed with the Rent Restrictions Bill?
I have not failed. I said on Friday that the House was entitled to have the terms of the Amendment, and it is hoped at an early stage of the Debate to-day to place the terms of the Amendment before the House. A copy of the terms of the Amendment has been supplied to the Leaders of the parties in this House.
May I ask that the Committee stage of the Trade Facilities Bill should not be put down for to-morrow? Many hon. Members have asked me to speak for them, and they cannot be here to-morrow to deal with this Bill.
This matter affects a number of hon. Members. On which day is it proposed to take the Committee stage of the Trade Facilities Bill?
I am not able at the moment to give further information on the point.
Criminal Appeal (Scotland) Bill,
"to establish a Court of Criminal Appeal in Scotland and to amend the Scottish Law relating to Appeals in Criminal Cases, and for purposes connected with the matters aforesaid," presented by Mr. DICKSON; supported by Mr. Maxton and Mr. Clark; to be read a Second time upon Friday, 9th May, and to be printed. [Bill 104.]
Staffordshire Potteries Water Board Bill
Reported, with Amendments; Report to lie upon the Table, and to be printed.
Selection (Standing Committees)
Standing Committee C
Mr. William Nicholson reported from the Committee of Selection; That they had discharged the following Member from Standing Committee C: Mr. Charles Edwards; and had appointed in substitution: Mr. Mills.
Report to lie upon the Table.
Orders of the Day
Rent and Mortgage Interest Restrictions Bill
Order read for resuming Adjourned Debate on Amendment to Question [2 nd April ], "That the Bill be now read a Second time."
Which Amendment was, 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."—[ Mr. Neville Chamberlain .]
Question again proposed, "That the words proposed to be left out stand part of the Question."
On Wednesday last, when the Debate was adjourned, I intervened mainly because I thought the House was not in a position to come to a decision, as Members on all sides did not then understand clearly what the new proposal of the Government was upon which they desired a decision. I do not think that the position has been altogether made clear since then. [HON. MEMBERS: "Hear, hear!"] Those answering cheers indicate that I was right on Wednesday in the action I took. In order to understand exactly the position in regard to this particular Bill, it may be as well to recapitulate what has happened. The controversy in the last Debate was entirely, or almost entirely, concerned with the provisions of Clause 1, which prevented evictions of men who were unable to pay rent by reason of unemployment. On all sides of the House the view was taken that when a tenant, by reason of unemployment, was unable to pay his rent, he should not be deprived of shelter for himself and his family. There arose, however, a very acute controversy as to the method whereby the Government intended to deal with that position. The proposal in the Bill was that the charge arising from his continued tenancy should rest entirely upon the owner of the house, and Members of the Government themselves admitted that this was not an equitable provision. The Minister of Health, in his opening speech, agreed with those who held that if any such provision were passed, the charge should not fall upon the landlord, but should fall upon the community as a whole, and, as that view was accepted on all sides during the Debate, the Leader of the House was compelled to intervene in the last few minutes of the discussion, and to announce a concession on the part of the Government. It was largely owing to the misunderstandings arising out of that concession that the Debate was adjourned.
I would like to refer very briefly to what the Deputy-Leader of the House then said. He intimated that it was the intention of the Government to substitute a Clause which would throw upon public funds the cost of maintaining the distressed tenant in his home. It immediately appeared, however, from a ruling which Mr. Speaker gave, that such a substituted Clause would not be in order on the present Bill, and that if the Government proposed to carry out that policy some other method would require to be devised. It was because the Government were unable to indicate to the House the method by which this was to be done, and insisted on a Second Reading of the Bill as it stood, that the Debate was adjourned. Since then the Deputy-Leader of the House has had an opportunity of making a further statement. He made that statement on Friday, on the Adjournment, when he said: part of Clause 1—by that I understand he meant the words following "that," in line 18 of Clause 1—and to provide that,
Then my hon. Friend the Member for Dumbarton Burghs (Mr. Kirkwood) intervened in a very powerful speech to which I regret I was not here to listen, but, as I understand from those who heard it and as I gather by reading it, it was a very impressive speech, and it impressed the Lord Privy Seal, because he immediately said that my hon. Friend had been hammering, so to speak, at an open door; and he added: the local authorities were to bear it. But after the speech of the hon. Member for Dumbarton Boroughs, he said:
Has the hon. Gentleman had any statement from the Lord Privy Seal?
I am merely taking his statement on Friday and putting it into the Bill. I think it will amount to this. These last words will be left out, and the Clause will then read:
"The Court shall not make an order … unless the Court is satisfied that the tenant has had a reasonable opportunity of applying to the local authority for relief and the authority has had an opportunity of considering any such application."
It is extremely difficult to decide what exactly is the effect of these words. They are liable to several possible interpretations, but my own view is that the addition of these words practically makes the Clause nugatory. It means nothing, and you might as well withdraw it. I shall very briefly, and with respect to other Members who are better able to expound these things than I am, state the view at which I have arrived. If it be passed, it will be a matter for interpretation by the Courts, and nothing that is said in this House, either for or against it or as to the intentions of Ministers, will have any effect upon judicial interpretation. But it is our duty as Members here to apply our minds to see exactly what the provision means—
"No order shall be made unless the Court is satisfied that there has been a reasonable time for the tenant to apply for relief and for the authority to consider such an application."
That is only a proviso as to time. It lays this duty upon the Judge, that, when he is considering an application for an order for the eviction of an unemployed man, he has to have regard as to whether there has been time for that unemployed tenant to apply for relief and for the local authority to consider it. If that time has been given, then the discretion of the Judge remains precisely as it is to-day. As I understand it, that is one of the things which, in fact, the Judge at the present moment considers, for he is bound to consider the circumstances of the tenant as well as the circumstances of the landlord. That has been judicially settled no longer ago than last week. This question was argued in a Divisional Court in interpreting the principal Act, and the Judges are now bound by that decision. It is the decision of a Divisional Court on a matter of legislation which applies to both countries, and it is regarded as an authority in Scotland as well as in England until it is over-ruled by a superior Court in Scotland. That, I think, is not overstating the matter. We have reached this position, that by a judicial decision it is now the law that any Court, in considering an application for an order, not only in the case of an unemployed man, but in the case of any tenant, has to take into consideration all the circumstances of the tenant before granting such an order. All that this proviso does is to say that no order shall be granted until there has been time to apply for Poor Law relief, and until the local authority has had time to deal with the application. I say that the effect of that is simply to leave the law as it is. There is no alteration at all. If that he the case, as I understand it, the Government have now agreed to the proposal of my right hon. Friend the Member for Paisley (Mr. Asquith) who asked them to withdraw the Clause. It is quite true that they have not done that, but they have sterilised it and have rendered it of no account.
No.
I am quite ready to listen to the right hon. Gentleman the Member for Twickenham.
May I ask a question? Assuming that the hon. Gentleman has got the words of the Amendment correctly, and assuming that a person who is in this position has applied for Poor Law relief and has not got it, can he then be ejected or is the landlord bound to keep him in that case?
In those circumstances, the Clause lays down no direction to the Judge at all. All that this proviso lays down is that there must be time. There is nothing at all about the fate of the application. The man may either have been granted relief or he may have been refused relief. The only obligation laid upon the Judge by this Clause is that he is not to grant an order unless the time has elapsed. That is all, and, as, in fact, Judges do not grant such orders until the time has elapsed, there is no alteration. My view is that the Government would have done far better to have taken the straightforward course and to have withdrawn the Clause altogether. I am quite prepared to admit that this is a matter upon which there may be differences of opinion, but I have given the view which, after very careful reading of of Clause, not only I myself take, but which other and learned Members, who probably are in a better position to interpret it, have also reached. I say that in these circumstances the Government are doing, it may not be precisely but in effect, what my right hon. Friend the Member for Paisley asked them to do on Wednesday. [HON. MEMBERS: "No."] There is nothing in this Bill about the unemployed, but I quite agree that the Lord Privy Seal has indicated that the Government have another policy outside this Bill altogether for dealing with unemployed tenants. We are not clear at the present moment as to whether the landlord, who is allowing such an unemployed tenant to remain in his house, is to be recouped from local rates or from national funds.
It is exceedingly difficult to understand the argument of the hon. Gentleman. May we see a copy of the Amendment which the Government propose and which apparently is in the possession of the hon. Member?
It is quite unnecessary. If the hon. Gentleman looks at Friday's Debate, he will see that all the material points with which I have been dealing were included in the statement of the Lord Privy Seal.
On a point of Order. Are we to understand that the hon. Member is referring to the Amendment, or is he simply arguing on his own interpretation of what the Lord Privy Seal said on Friday?
I imagine that we shall have it confirmed or otherwise by the Government.
We were promised copies of this Amendment. Why have they not been circulated?
How can we discuss this matter on equal terms if a certain document has been supplied by the Government to only a few selected Members?
On that point of Order. If hon. Members opposite will do what I did, and take the statement of the Lord Privy Seal indicating the nature of the Amendment and insert the words which the Lord Privy Seal used in his statement on Friday, they will arrive at the same results as those which I have given to the House.
May I point out that the Government have already changed their minds several times? How are we to know that the indications given by the Lord Privy Seal on Friday are still to be relied upon? It is very unfair.
It is in order to make that point clear that we are continuing the Debate.
On a point of Order. Is it not possible to give the House the terms of the Amendment word for word? We should like to have the exact wording of the Amendment in order to follow the arguments of the hon. Member for Penistone (Mr. Pringle).
That is not a point of Order. The hon. Member for Penistone is entitled to put the case as he sees it.
As I endeavoured to explain before, the course which I have taken is a very simple one.
We do not know that the Government's intentions are still the same. They have already altered their minds four times.
There is now a period of 61 hours in which to ascertain whether or not their intention to-day is the same as it was. I am just indicating how I have arrived at the result which I have given to the House. Let me point out that the words which I have read out as the Amendment, are words contained in the statement of the Lord Privy Seal on Friday. I have endeavoured to interpret those words to the best of my ability. If it should turn out that the Government are proposing another Amendment, then the whole of my interpretation goes by the board.
May I ask the hon. Member definitely whether he has had any official information from the Government? I think we on this side of the House are suffering under a disadvantage in this matter.
I have indicated the methods by which—.[HON. MEMBERS: "Answer!"]
Has the hon. Member got the wording of the Amendment?
On a point of Order. Could not the House be put in possession of the terms of the Amendment? Why should it not be read out?
As a matter of fact, I know what is the form. [HON. MEMBERS: "Oh!"]
On a point of Order.
I am not going to give way again.
It cannot be a point of Order. It is a question of argument upon the merits.
My point of Order is that the hon. Member now says he has received information. Is that right?
Are we allowed to carry on like this, Mr. Speaker?
I understand the course which has been indicated is not unusual, and has been adopted by all Governments. Communications have passed between the Government and other parties in the House on previous occasions. As soon as the hon. Member for Penistone has concluded, I anticipate that a Minister will rise and explain the matter to the House.
Is it not in accordance with the custom of this House, when the Deputy-Leader of the House gives an undertaking to supply information to the House before a matter is debated, that such an undertaking should be kept in the sense in which it is given, namely, that the House as a whole should receive the information, and not a private Member? May I call attention to what the Deputy-Leader of the House said?
As I have already said, that is not a point of Order, and it is to elucidate that matter 'that we are proceeding to discuss it. I will ask the hon. Member for Penistone to proceed.
I regret there should have been so much jealousy on the part of hon. Members opposite, but as a matter of fact I had arrived at a precise conclusion regarding the terms of the Amend- ment, before I saw any paper at all. I knew I had to continue the Debate, and it was obviously my business to find out what the Government meant.
Which Amendment is it?
We have had enough of this from hon. Members opposite.
In these circumstances I felt it my duty to endeavour to state, as I saw it, the effect of the Amendment for the purpose of helping towards a decision. It seems to me that the problem with which the House has to deal is one of considerable complexity, and if in this matter, as in other matters affecting rent restriction, the House takes a mistaken decision, there will be still further trouble in the future. I quite agree that in dealing with this Amendment I may have been dealing with a decision which is not the final decision of the Government, but I hope the House does not consider it unnecessary, in order to deal with that decision, to have a clear reading of the Amendment as we understood it, put before hon. Members.
What is the Amendment?
I have already read the Amendment on two occasions, construed it with the Clause and dealt with it, and if the hon. Member was not present he has no right to call for it now. If he was present he is simply wasting the time of the House. I am only going to say a few words in conclusion and they will be in the form of questions to my right hon. Friend the Prime Minister. The first is in regard to the incidence of this burden in connection with the refusal of eviction orders. Have the Government arrived at a final conclusion as to whether this burden is to be placed upon the local authorities or upon the Treasury? If they have arrived at a conclusion, by what methods are they going to carry it out? That is on a point of general policy. I then put another question as to whether the Amendment which I have endeavoured to explain to the House, is the only Amendment which the Government think necessary in Clause 1 and if it is the only Amendment they think necessary in Clause 1, whether the interpretation I have given of it is the interpretation which the Government places upon if? If that be so, then it would be far better for the Government to withdraw Clause 1 altogether and place the matter straightforwardly before the House.
I think it would be for the convenience of the House if I were to intervene at this early stage of the Debate, although, as a matter of fact, I intended to reserve what I had to say until a later stage. It is most inconvenient, however, that the House should be left in obvious doubt, although so far as I am concerned I must also use another adjective and say absolutely unnecessary doubt as to the position of the Government, seeing that the Government have never changed at all. [ Laughter .] I hope that outburst of hilarity is as honest as all expressions of opinion are from hon. Members opposite, and that therefore what the House really requires is a little explanation. The position was perfectly clear at the beginning. As I said in answer to questions to-day put by right hon. Gentlemen opposite, the Government regard this Bill as an emergency Bill. It would be an exaggeration to say that we have had deputations from all the country, but we have had deputations from places sufficiently remote from each other to make them representative deputations. If there was a problem in Bristol, in Sheffield, in Glasgow, in Middlesbrough and in London of the same kind, then obviously we had reached a state of things which could quite properly be called national. That is the first point. We were informed, moreover, that applications for eviction orders were increasing to a most alarming extent, and not only that eviction orders were being executed, with the result that most unseemly scenes were taking place, and still more unseemly ones might at any moment take place, but we were told that the applications for the issue of these orders were alarmingly on the increase. We were informed that some of these applications for orders were under the Act for which the late Government were responsible. We warned them at the time what would happen, and I regret very much to say that, so far as our information goes, we were wise prophets.
A very considerable number of those eviction orders, we were also* informed, had nothing to do with that Act. They arose because unemployment had continued for such a long time and that a very substantial percentage of people in large industrial towns where the unemployment had been most severe were really in a most distressful state of life, because, I dare say, men and women with limited and inadequate incomes made as a first charge on those incomes the family sustenance and what comfort they can give to their children, and when that was done there was no margin left for rent. The Government not only received those deputations, but we were pressed from all quarters of the House to make some proposal. While if there was anything in the nature of fraud, as was alleged—I mean that there were certain sections of people who could pay at any rate some part of their rent but were refusing to pay it—if that were true, so far as we were concerned, there would be no relief given. But in so far as there was a genuine grievance, in so far as income was actually absent or, as a matter of fact, insufficient to keep families in a decent state of life, or even the state of life approaching decency and to pay the rent as well, we assumed it was the desire of the House that we should give it an opportunity of pronouncing on some proposal that would enable that sort of thing to be safeguarded. Hence this Bill. We assumed that the unemployed should be protected more particularly, as among them, we have been informed, there is a very large section of ex-service men who should not be treated in the way they are being treated. Clause 1 deals with that point. It is on that some confusion has arisen. Roughly and literally, if not legally, what Clause 1 provided for was this: an unemployed person should not be turned out of his house on account of his unemployment. My right hon. Friend the. Minister of Health introduced the Bill as it was originally drafted. I am within the recollection of the House, though I am sorry I was unable to hear his speech myself, in saying that in his speech he explained that it was not the intention of the Government, whatever the original wording of the Clause was, that the cost of that protection, the burden of that protection, should rest and remain on the shoulders of the houseowner. [ Interruption .] I take the interruptions for what they are worth. I have now got the words.
Entirely?
That is all I said. [HON. MEMBERS: "NO."]
"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"—
this is the part I quoted from. It is better than I thought—
"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."—[OFFICIAL REPORT, 2nd April, 1924; col. 2202, Vol. 171.]
Now withdraw!
I would like to remind hon. Members opposite that they did not contradict me with reference to what I said about the Bill. They contradicted me when I said that my right hon. Friend made that statement. My right hon. Friend did make that statement, as I have shown. I never believed for a moment that I would be challenged by anybody who had read the Debate or listened to his speech. Let it go. Now we come to the Bill. [ Interruption .] Hon. Members must not assume that I am going to allow the contradiction of what I said regarding my right hon. Friend to be interpreted as applying to the Bill itself. That provision was not in the Bill. The truth of it was that the provision could be put in the Bill without any difficulty. [HON. MEMBERS: "No!"]
Ask Mr. Speaker.
The truth of the statement is this. It was a hurried—[ Interruption ]—certainly. I am not ashamed to say so. I have had the luxury of sitting in opposition and criticising Governments, but I have always tried to be fair. I have been hard, I dare say, but I have always tried to be fair. Further, I am not at all ashamed to say that the Bill produced under the conditions it was produced, as a piece of emergency legislation, pressed on us as something that ought to be done in days and not in weeks, at a time when our hands were uncomfortably filled for 24 hours in the day, was put through for the purpose of giving this House a chance of bending its energies to the production of a Measure, on the basis of this Bill, that would honestly meet the difficulties with which we were faced. [ Interruption .] If hon. Members opposite are under the impression that they cannot give us that assistance, then I understand the interruptions. If they are willing to take up the attitude which I shall invite them often to take up as long as we are here, of being co-operators in constructive legislation of a necessary kind, I have no need to be ashamed of stating that Clause 1, imperfect in its first form, was, nevertheless, sufficiently perfect to enable it to be amended in accordance with the statement made, in the first instance, by my right hon. Friend without any Financial Resolution. [HON. MEMBERS: "No!"] How could this Clause be amended? You, Mr. Speaker, I understand, on a question put by the bon. Member for Penistone (Mr. Pringle), ruled that it would require a separate Bill to do what was suggested, and that it certainly would require a Money Resolution to validate the Clause. We have no intention of doing anything of the kind. It might be interesting to see when the Government did indicate they intended that, because we have been told that we have changed our minds about it. There has been no change at all. What my right hon. Friend said, and he said it quite truly, was that the whole question of State assistance would have to be considered, but ho did not elaborate it because he spoke under circumstances which prevented elaboration. The whole question of the relation between taxation and rating has got to be considered somehow, but what we have resisted all along and what I appeal to the House on both sides to resist to-day is the very worst form of approaching a solution of that problem, namely, by saying, "We will introduce a Bill relating to rents," or we will introduce a Bill relating to some extra provision to be made by the Poor Law authorities, or we will introduce a Bill relating to any one specific purpose that we wish the local authorities to carry out, and then to say in relation to that Bill we will come to temporary arrangements for dealing with the financial side. There is no more objectionable way of solving the problem of the relations of Imperial taxation and local rating than to begin to do that by a series of undefined, unlimited, uncontrolled, and uncontrollable doles that will simply play havoc with the honesty of those who have the care of local administration. [ Interruption .] I am afraid I am under a bit of an illusion about the consistency of hon. Members opposite. [ Interruption .] Judging by the OFFICIAL REPORT, promptings have come, again and again, that this Bill can only be accepted if the Government withdraw Clause 1 and substitute another with State assistance provided for after putting on the Order Paper a Money Resolution. [ Interruption .] If that is not the situation, what is the situation? [HON. MEMBERS: "Yes, what is the situation?"]
If that is not the situation, if the suggestion was not that State funds should be used, then why the pressure for the Money Resolution? If the Government ever did intend, in connection with this Bill, to make a departure on unsound public finance, why did it never hesitate—because it never did—about the Money Resolution? The situation, therefore, is perfectly clear. [ Laughter .] I see that repetition is necessary. The situation that the Government never meant, in connection with this Bill, to impose this charge upon taxation is perfectly clear, was perfectly clear, and will remain perfectly clear.
What about the speech of the Under-Secretary of Health for Scotland?
I am much obliged to my hon. Friend for reminding me of that speech. I am informed by the Under-Secretary that he never made such a statement. My hon. Friend stated that the Under-Secretary of Health for Scotland had said that the Government proposed to—
I took it from the "Times" report this morning.
I was not present at the meeting, and I have not read the speech myself. My attention was drawn to it only when my hon. Friend the Member for Penistone (Mr. Pringle) made the statement, and I am informed that that was not what he said. [An HON. MEMBER: "What did he say?"] The Government's position is the position that I have explained, and the Government has never varied from that position.
Will I the Prime Minister explain to us what is the meaning of this phrase? I take it from the speech of the Lord Privy Seal on Friday last—
"I hare not said one word to indicate the view that the Government is opposed to recouping the local authorities from State funds."
If the right hon. Gentleman will read on and get the context, I think he will find that that referred to exactly the point to which I have referred. The whole question must be considered. That is a question which, of course, the Government will be prepared to examine.
May I point out that this speech was made in answer to a speech from the hon. Member for Dumbarton Burghs (Mr. Kirkwood), who protested against the answer which the Lord Privy Seal had already given, namely, that the burden would rest exclusively upon the local authorities?
My right hon. Friend ought to have read the sentence that preceded the one he did read, where the Lord Privy Seal said:
"I have stated that, in the first instance, this charge will be borne by the local authorities."
Then he went on to say:
"I have not said one word to indicate the view that the Government is opposed to recouping the local authorities from State funds."—[OFFICIAL REPORT, 4th April, 1924; col. 2721, Vol. 171.]
All that that means is this, that this House has again and again, more particularly in recent years, been imposing charges upon the rates, and this Government—any Government—will have, at no very distant date, to reconsider the whole question of Treasury responsibility in relation to these local charges. The situation, moreover, is even stronger than that. The Government knows perfectly well the burden that certain of the poorer districts have to bear in connection with unemployment. What has it done? The assumption by those who press for State assistance in respect to this particular Bill is that this is merely an extra burden. It is nothing of the kind. The Govern- ment already, by that small Bill closing up the gap, has taken a very substantial financial burden off the backs of local authorities. Again, a Bill is in the Vote Office for a further Amendment of the insurance section of the unemployed schemes, and that Bill alone is estimated to relieve local authorities to the extent of something like £10,000,000 per annum. Therefore, in the pursuit of a carefully considered policy of taking more and more of these special charges off the local authorities and putting them on to other funds, the Government already has done something, or proposes to do something, which will mean a difference of something like £10,000,000 to £12,000,000 per annum. I am perfectly certain that nobody who really seriously means to consider this proposal now is going to assume that it is going to stand alone on its financial basis.
May I remind the right hon. Gentleman that he has not yet told the House what is the proposal?
I plead guilty. The reason, however, is not in front of the right hon. Gentleman, but behind him. May I just finish this point? The policy of the Government on this particular point of State aid, or rather—I do not like to use that word—the readjustment of burdens, is being developed in other Bills as well as this, and if today we are going to have a really seriously reasoned out contribution to the problem of local rating versus such charges as have to be imposed upon local authorities by this Bill, then I beg hon. Members in all parts of the House not to isolate this Bill from the scheme of Bills of which I have been speaking. The proposal that the Government makes is this: I have been explaining what the mind of the Government was regarding the problem we had to face in Clause 1, and why it came to the conclusion that no Amendment that required a Money Resolution was necessary, and that only an Amendment carrying out the very first statement made by my right hon. Friend the Minister of Health is necessary. The Amendment makes a proviso in Clause 1 that
"no eviction order shall be issued until the tenant has had a reasonable opportunity of applying to the local Poor Law authority for relief and the authority has had an opportunity of considering any such application."
[ Interruption .] I overhear a very polite whisper that the hon. Member for Penistone has already said so. The hon. Member for Penistone, I am perfectly certain, will claim no miraculous perspicacity. All that the hon. Member has done is to read the OFFICIAL REPORT of the speeches delivered from the Front Bench. This Amendment provides, as regards the unemployed man—
5.0 P.M.
Is it not rather unfair to the House to appear to conceal the fact that this has already been stated, that typewritten copies of this were circulated to the Leaders of both parties, as stated at Question Time, and it is the accident that the Liberal party met just before the House met, when we had the opportunity of seeing it, that enabled us to know the terms? Is it not much better to state that publicly?
I really do not understand my right hon. and gallant Friend, who stated that the Leaders of both the parties had seen the wording of the Amendment. [ Interruption .] My right hon. Friend said on Friday that that would be done. It has been done.
The right hon. Gentleman said on Friday—[Cries of "Order."]
It is not fair to interrupt the right hon. Gentleman. Hon. Members will have an opportunity to speak later on.
On a point of Order. Has not the present Prime Minister had more indulgence than any other Prime Minister?
It is my duty to see that any statesman to whatever Government he belongs receives reasonable attention.
The point is this. So far as the Government is concerned, what my hon. and learned Friend said about the Amendment is exactly what my right hon. Friend the Minister for Health said in moving the Second Reading of the Bill. The Government put forward this Bill, limited in accordance with their aim and intention in intro- ducing it, that no unemployed man or his family shall be evicted without first of all every step possible being taken to keep him in his house, and in doing that the burden shall not be placed upon the owner of the house, but shall be placed upon public funds. Owing to the technical use of the term "public funds," I dare say some misunderstanding arose about the Money Resolution, but the position right through from the very beginning, has been that this was to be a public charge.
I am really trying my best to understand upon what public fund it is proposed to make this charge.
"No order shall be issued until a tenant has had a reasonable opportunity to apply to the local Poor Law authority for relief, and that authority has had an opportunity of considering any such application."
That does not answer the question.
I think it does. We are advised that that form of words means that in the alleged numerous cases where the Poor Law guardians do not recognise it as their duty to consider rent as an essential part of relief, the insertion of these words into the Statute will make all the difference. That is our advice. The position is this: It is alleged, and I believe truly alleged, that in some instances the boards of guardians do not take rent into account, and in a great many other instances they do so, and in order to make it perfectly certain that no unemployed person will be worsened in his chances of remaining in his house, this Amendment will make the conditions uniform, and so do all that is necessary.
That is the case for Clause 1. Either a grievance exists and hon. Members want to meet it, or they do not want to meet it. So far as we are concerned, we are advised that this is the best form of Clause for meeting it, and we put it forward to the House. It will go to Committee in the usual way. It will be discussed in Committee in all its details, and I hope it will be understood in Committee in all its details. That being so, I do not think that hon. Members will repeat in their speeches the interjections they have made to-day. But there it is. This Bill has been produced in the belief that if it be carried it will secure that unemployed families, or the families of unemployed men, will not be evicted until public authorities have come to their aid. That being so, I hope that this House is going to give a> Second Reading to the Bill, so that it may go upstairs and be fully discussed in Committee.
In the earlier part of the proceedings this afternoon, as one who rose in the Debate last Wednesday in a hopeless state of confusion, I was much cheered by your pronouncement, Sir, that the discussion this afternoon would elucidate matters, and, in common with other Members of the House, I waited for the advent of a luciferous Minister who might perform that function for us. But so far as the efforts at elucidation proceeded, they seemed to me to plunge us into a still more profound tenebrosity. Neither I, nor any one of my Friends sitting on this side, can understand the point at which we have arrived. It may be, as some of our opponents have said in the past, we are a stupid party. But I would remind hon. Members opposite that the gentlemen to whom that phrase was attributed said he meant that we were the party supported by the stupid people. If that statement were true, we should have a continuous tenure of office. We recognise with sympathy the difficulty of the task of an overworked Prime Minister to-day, because he did not have the advantage of being in the House last Wednesday. Without having been present at that Debate, it was very difficult to understand the state of confusion in the House. The Prime Minister's first statement was that the Government had not changed, and if the Government have not changed, I can assure him that the House of Commons has not, either.
The difficulty we are in, I think, divides itself naturally into three parts. The first is a small one. We understood, I think generally, that the Leader of the House promised on Friday that there would be a statement made in some form that would get into* the hands of Members. That was found, apparently, to be impossible, and I make no complaint, as, owing to his courtesy, I was put in possession, shortly before lunch time, of the Amendment that was going to be moved. Hon. Members below the Gangway had the advantage of considering that, as I understand, at a party meeting, but as I was advised that the words of the Amendment meant nothing, I did not trouble. The hon. Member for Penistone (Mr. Pringle) will gather from that that I endorse his reading of the new Amendment.
The second point, I think, is one of very great importance. I do complain that we have not, at this stage, enough knowledge of the subject with which we are asked to deal to enable us to form a right and considered judgment upon it. The Prime Minister did what was a very natural thing for him to do in his position; he rather threw himself and his party upon the mercy of the House, and said, this is a thing which Members of all parties ought to help to promote legislation to meet. But when leaders of parties do that their party generally makes a greater effort than has been made in this case to produce a reasoned Bill that really will meet the difficulties of the case. It is not enough to throw at the head of the House of Commons a Bill of which nothing can be made, and ask the House to make it into a sound and useful piece of legislation. When I said we wanted more information, I meant we wanted it on the subject of evictions. I listened, as every Member of the House did, with very great interest to the admirable speech of the Minister of Health last week, but he told us nothing. He made a most moving speech on certain aspects of evictions, which appeal to everyone in the House, and he was followed up by the hon. Member for Dumbarton Burghs (Mr. Kirkwood) on Friday night. But in none of these speeches, or in any of the speeches which have been made, have we been given the cold hard facts which we require.
Many statements have been made—and I am the first to admit this—as to the number of orders made for evictions, and so forth. But we understand that the number of evictions that are made form a very small proportion of the orders that are issued, and we want further information on this point. We know that in England the case is not so difficult to deal with as it is in Scotland. We know that this trouble is very largely a localised trouble. We understand from the speeches we hear that the need for some kind of assistance is greater in Glasgow than anywhere else, but we want to know why it is. We want figures there, that we may form some opinion for ourselves. I have been informed—it is a phrase often used on the benches opposite—of cases in Glasgow where people sub-let the small amount of accommodation they have, live in comparative comfort on the rack rents, and pay no rents themselves. If those cases of profiteering be true—profiteering is not an evil confined to any class—we want to know about them, and whether there will be anything in this Bill that will enable the House to deal with them.
The third point, besides the absence of information, of which I complain, is this: What is this Bill going to do for the tenants? We have had this Bill recommended to us; we have had the case urged upon us because it is an emergency Measure. I understand, and I am advised, that there is nothing in this Bill, even with the Amendment, which will compel the Scottish local authorities, which are the authorities of which we have heard most, to render any help which they are not rendering to-day. If that be so, the amended form of Clause 1 is perfectly jejune and futile. The Government themselves seem to have been in some doubt about these points, because when they introduced the Bill on Wednesday they told us that the charge was going to be thrown on the landlords, and now to-day we have been told by the Prime Minister that it is going to be thrown on the rates. And yet, as I understand, there is nothing in the Bill which will alter at all the procedure which takes place to-day.
I think the hon. Member for Penistone (Mr. Pringle) was quite right when he put that point. He said that, in effect, to-day a sufficient period elapses from the time the first order is made until action is taken upon it, for all that is contemplated in the Amendment to Clause 1 to take place; and, secondly, the insertion of that Amendment does not, in fact, affect the ordinary practice to-day. I think the Government even now would be well advised to leave this unhappy and futile Clause alone, and to pass Clauses 2 and 3, on which we learnt on Wednesday there is already substantial agreement in the House. I am not quite sure, but I think the hon. Member for Penistone referred to the speech that was made by the Under-Secretary of Health for Scotland. He said distinctly that on Monday the Bill would be re-introduced, and would then contain a provision to make the Government responsible for finding the money to pay the rents of the unemployed. I think, again, there has been some little want of liaison, shall we say, between the subordinate officers of the Government and the Cabinet, but that is a domestic matter to which it would be in the worst taste possible for me to allude. We all have our troubles. But I do say that to attempt to make this Bill into a workable Measure, having insufficient knowledge on which to proceed, having an Amendment put down to the first Clause which leaves things exactly as they are, would be a task beyond the House of Commons, and there is no sensible, no wise course for the Government but to carry Clauses 2 and 3, and withdraw this unhappy first Clause until such time as they really know what they want to do.
I have exhausted my right to speak, but, perhaps, the House will grant me its indulgence, and, in return, I will promise not to trespass on its time. I confess that for once I associate myself with "the stupid Party," I have listened with the most respectful attention, and the most absorbing interest, to the speech of the Prime Minister, and I have not the remotest idea what the proposals of the Government are. My right hon. Friend the Member for Bewdley (Mr. Baldwin), I think, used the word "tenebrosity" to describe the general effect. There is another expression which I remember from the same Johnsonian dialect "inspissated gloom" which, I believe, describes the mental condition of everybody not on the Treasury Bench, and possibly even some of those who are. [An HON. MEMBER: "You speak for yourself, anyway."] I speak not only for myself, but, I think, for the vast majority of the House. Speaking on behalf of my Friends, I said quite plainly we were anxious to pass the Second Reading of this Bill, if the Government would consent to omit from it Clause 1. I pointed out that, in our view, great and grievous as the problem was, harrowing as the hardships of some of these poor people are, and urgent as it is for Parliament, if it can, to devise, at any rate, temporary measures, yet the course proposed in the first Clause, to throw the whole burden on one class of the community, was invidious, unjust, and indefensible. That is admitted to-day. Why was it not admitted a week ago? [HON. MEMBERS: "It was!"] It was not. There were a few perfunctory, rhetorical phrases from the Minister of Health, who is a great master of language.
But there was the Clause which did impose this burden, and imposed it on one class only, and I said to him, as did those who sit on the benches on the Opposition side of the House, "Withdraw that Clause; you cannot defend it"—he did not attempt to defend it; no one has attempted to defend it; you cannot defend it—"withdraw that Clause. Produce, if you like, either in this Bill or another Bill, something that the House of Commons can seriously consider, and you shall have your Second Reading." The Government refused that. To-day they admit that the Clause is indefensible. Not one word has been said on the Treasury Bench or behind it in its defence. How do we stand? We stand in this position. The Clause is admitted to be beyond Parliamentary defence. But something is proposed in place of it. What is that something? There is not a human being in this House who can define it. My right hon. Friend the Member for Bewdley said that he had received this morning, probably before lunch, the terms of the proposed Amendment. I had a similar courtesy extended to me. By a fortunate accident, I was going to attend a meeting of my party, and I went to them to get their opinion upon it. My right hon. Friend said he did not think it necessary to summon a meeting, because, having read the Clause, he came to the conclusion that it meant nothing. We discussed it in a perfectly friendly spirit, with enormous ingenuity of conjecture, and imaginative exposition, and, at the end of an hour's deliberation, we came to the same conclusion as that at which my right hon. Friend had arrived with a fine political instinct, that it was meaningless, impracticable and worthless.
As I said last week, we should be very glad to co-operate in any attempt to deal with this matter which would not impose a burden upon a particular class, but to place such burden as was reasonably incident in the circumstances upon the community. I was very careful not to say upon what fund or from what source the money should be derived—a very serious and very difficult question, and one which is not to be confused, as the Prime Minister has sought to confuse it, with the general question, which may be settled sometime about the Greek Kalends, of the relations 'between Imperial and local taxation. The Clause was conceived in such haste that its authors did not know what it meant themselves, until they were enlightened in the course of the Debate in this House. It is an emergency Measure, and to say that the words used by the Lord Privy Seal, last Friday, in answer to the appeal made to him by one of his friends behind about recoupment, had reference merely to a vague, remote, uncertain, ultimate readjustment of local and Imperial burdens, is really to trifle with the House.
The fact is that, these words, whatever they do mean, do not impose—I say it advisedly—upon the local authority any burden at all. As an attempt to transform the Bill from what it was to what it ought to be, they are perfectly unworkable and useless. I most earnestly assure the Government I am speaking in no hostile spirit, and I am speaking with a desire, generally shared in all sections of the House, that we should co-operate in this matter. Therefore I do appeal once more to the Government to withdraw this Clause and the Amendment to-day, and let us pass the Bill in the form in which it can be universally approved.
An appeal has been made to hon. Members in every part of the House asking the Government to place before hon. Members the hard facts which are said to justify the proposals of the Government in regard to the position of tenants who are unable through circumstances over which they have no control to meet the demands of their landlords. The information desired by the House the Leader of the House said would be given to the House before the Debate was resumed. It is very much to be deplored that before we entered upon this adjourned Debate we were not furnished with information as to the grounds upon which the proposals of the Government are based and as to the proposals which in fact the Government desire to put before the House.
I desire at the earliest possible- moment to nail to the counter the suggestion that any section of this House is unwilling to give to those who are unable to pay their rent, through no fault of their own, the assistance which is required in a particular emergency. The Lord Privy Seal attempted to evade the difficulty into which he had allowed himself to get when this Debate began by stating that the issue before the House was as to whether or not this House was prepared to give an opportunity to the unemployed persons who were unable to pay their rents the chance of obtaining the means by which they could retain the security of their homes. That is not the issue and it never was the issue upon Clause 1 of this Bill, and it is not the issue upon which this Debate will be determined.
The Prime Minister made an observation which I hope was dictated more by the irritation of the moment than by any intention to irritate others. He said that it was impossible to bring about clarity in the minds of some hon. Members. I know the Prime Minister has a mind of crystal clearness which will be the envy of the country to-morrow when his observations are read, but I think hon. Members on the Government Benches must have heard with some dismay the statement that there has been no change in the attitude of the Government from start to finish. May I recall to the House the speech made by the Minister of Health when introducing this Bill? What was the whole point of the eloquent speech he made, except an appeal to the hearts of hon. Members to prefer the human interests and the members of the family to the material interests of the property-owners. Time after time the antithesis with which he sought to convince the House that Clause 1 was a proper Clause was the comparison between the relative value of the family and the value of the rent, the value of the home and the value of the house, and the value of home life as compared with the bricks and mortar which were the property of the landlord.
What was the object of that antithesis if the object of Clause 1 was not to penalise the landlord in the interests of the persons who live in his house? The internal evidence is perhaps more conclusive of these matters than anything the Prime Minister has said this afternoon as to what was the intention of Clause 1 when originally drafted. It really will not do to suggest to the House that in consequence of the haste with which the Government were compelled to prepare this Measure, Clause 1 was drafted in a way which gave no real effect to the intention which has been conceived by the Government. The Prime Minister has said, in the most explict terms this afternoon, that from start to finish there has been no change at all in the policy of the Government and no variation in the proposals they intended to lay before the House. His plea has been that, absorbed with the duties of his position and in the circumstances in which the Government were last week when this Bill was introduced, this Clause was drafted in a form which was contrary to the intention of the Government as originally conceived and as the intention of the Government still is to-day. If that be so, why did not the Minister of Health, instead of comparing the interests of the property owners with the interests of the home, make it plain that the object of Clause 1 was to preserve the interest of the home without impinging unfairly upon any particular members of the community. If that had been his intention the greater part of his eloquent and moving speech would have been quite unnecessary.
We are willing to support wholeheartedly emergency proposals, but we have not yet been furnished with any information upon which we can form an opinion. Let me give one illustration within my own knowledge of the inaccurate character1 of some of the information given by the Minister of Health. The right hon. Gentleman cited the City of Bristol, where he said that, in 1923, 306 orders for eviction had been made. The object of that statement, of course, was quite plain. It was to persuade the House that such an abnormal number of orders for evictions must have produced immense injury and suffering proportionate to the number of orders made. I know the statement which was furnished to the Minister of Health on this point, because the same statement was furnished to me, but the right hon. Gentleman omitted to say that of the 306 orders for evictions made in 1923 no more than nine evictions actually took place.
I do not know the state of things which exist in other cities, but if such an amount of information has reached the Minister through deputations which, according to his speech, have been so constant during the past few weeks, then there must be a considerable mass of information in the possession of the right hon. Gentleman without going to the County Courts or to the magistrates. All that was asked for last week was information upon which this House may form an opinion as to the proper proposals for dealing with this emergency. Some of these emergencies are likely to happen, more especially in the circumstances in which we find ourselves to-day. The proper way to deal with the shortage of houses is to get on with the housing schemes. Here we are with a Government that claimed to know all about the way to produce houses in December, 1923, still mysteriously silent as to the way in which they are going to deal with this problem. Here we are still without a housing scheme and with a Government that has not brought forward any particular Measures for reducing unemployment, and we find the 'Minister of Health definitely saying in his speech last week that he saw no immediate prospect at all of a reduction of unemployment to any extent. In the circumstances what can we do? On all sides of the House hon. Members have hearts that bleed as readily as the right hon. Gentleman's heart bleeds at the sight of misery and suffering in the homes of the poor, and we shall be prepared upon the production of proper information as to the details of evictions, to deal with an emergency state of affairs.
I desire again to emphasise the fact that when the Lord Privy Seal said the issue was whether we were prepared to provide means whereby the unemployed workman shall be sheltered in his home he was presenting a false issue and a party issue which was totally without justification.
We come back now to the question as to what we are going to do upon this Bill. It would be impertinence on my part to try and add to what has been said by the Leader of the Opposition and the right hon. Gentleman the Member for Paisley (Mr. Asquith). They have made it plain in terms which I am sure the House accepted that what is now proposed means little or nothing. What does the Minister of Health propose to do? He suggests now that the Clause which he has inserted is what was all the time running through the mind of the Lord Privy Seal. May I ask the Lord Privy Seal why he said in his speech that there were technicalities that prevented him making the Amendment that had been suggested. What were those technicalities which prevented him from adumbrating the Amendment which he has submitted to the House? There were technicalities which would prevent him putting the burden ultimately upon the Exchequer. It was impossible to connect that with this particular Bill within the rules of the House. The truth of the matter is that the Government hesitated and vacillated, and the Lord Privy Seal was considering whether the burden should in the first place rest only on the local authorities or upon other public funds and what proposals would be brought before the House for putting the burden on public funds. A Government that vacillates in this manner deserves no confidence in this House, and I take the view that the Government ought quite frankly and candidly to inform the House of the difficulties with which they have been met in regard to this matter, arid, if they are frank in their disclosures of those difficulties and the facts, this House will withhold from them no sympathy, but hon. Members will do their best to assist the Government in regard to the difficulties with which they are faced. But when we find candour absent from the statements made, when we find vacillation day after day, and when we find the statement deliberately made to this House that there has been no vacillation from start to finish, we are more constrained to look at the Amendment and ask the Government whether or not they really mean what they now tell the House they do mean. The Prime Minister asks us to consider this Bill as part of a comprehensive scheme, and he asks us not to consider it in isolation from all the other proposals which are going to be associated with it. Whatever the haste or the emergency, are we really to be asked to pass a piece of piecemeal legislation dovetailed in other legislation, the need for which the Prime Minister has not even sketched out to the House.
The remark I made was in relation to Bills the effect of which was to place the burden on local authorities and so relieve the nation.
Then when the right hon. Gentleman asks us not to think of this Bill as isolated from other proposals, he is thinking of Acts of Parliament already passed or Bills which have already been introduced into this House. If that is his meaning of course I accept it, and I have no complaint to make of his statement if the proposals referred to have already been put before the House. All I have to say is if this was another stone upon the edifice which the Government are intending to build, then the Minister of Health seems totally unaware of the building upon which he is placing a stone, because he did not say a word about any other legislation, and he never said there was any intention of building anything permanently in that edifice. We were told that it was an emergency Measure, and we understood that we were to deal with it as an emergency Measure. I venture to think that the real truth which slipped out in the interpositions which the Leader of the House made in the Debate was that the Government were out for an electioneering cry, that they were out for a vote-catching Bill which might make good raw material when the next General Election came. They were out to exhibit hon. Members on this side of the House as hard-hearted, stony and—[An HON. MEMBER: "There is no need to do that!"] There we have it. If hon. Members opposite would keep silence sometimes in these Debates we should not have these illuminating disclosures. The right hon. Gentleman is of a mind with those behind him. He desired to exhibit us as indifferent to the sufferings of the unemployed and the poor. That is false. That is not the issue to be submitted to the country. The right hon. Gentleman and his party were out for a vote-catching Bill. On this side of the House we were simply out for fair play.
I want to claim the indulgence of the House in order that, in view of the discussion that is to take place to-day, I may add a few words to what I said in introducing this Bill. The question I would like to put to the party opposite is this: "Do you really wish to protect people from evictions?" All your criticism of what the Government propose to do does not conceal the fact that for years this state of affairs has existed, that you have been not merely in office but in power, and that all the advice you are giving the Government to-day was not accepted by yourselves when you had an opportunity of dealing with the matter. Hon. and right hon. Gentlemen have been good enough to refer, in too flattering terms, to the description which I gave, in introducing this Bill, of the unfortunate victims of present conditions. I said to a friend of mine this morning that if I could take even the party opposite to where one woman with three children, as I saw them, were situated in the back court of a tenement property on a winter's morning, surrounded by their little bits of rags and sticks—[ Interruption ]—many of the criticisms that are made against the Government could not be conscientiously made by people who had witnessed that sight.
Let me remind the House of exactly what is happening. We introduced the Bill, in which, I admit, no provision was made to take the burden of the rents from the shoulders of the owners of the houses; but I intended and expected that, when the Bill went into Committee, that was a question on which a House interested in the general principle of the Bill, which is to stop evictions, would have no difficulty in coming to an agreement. I have been asked what the Amendment that is now proposed would do. It would do this: When a person is called to the Court on an appeal by the owner for possession of the house, and it is discovered that the person is unemployed, and that his arrears of rent were due to his unemployment, it would put the obligation upon the Court to more or less dramatically stop these proceedings. It would put the obligation on the Court of saying to the tenant, "Have you made an application to the Poor Law authorities to enable you to have your rent paid and the cause of these proceedings removed?" Let me remind the House that the class of people with whom you are dealing here are not learned in the law, are not accustomed to the niceties of even public administration, as are Members of this House. They are people who have been deprived, not merely of wealth, but they are, in tens of thousands of cases, people who have been deprived of knowledge—people who are broken nervously, in many cases unemployed, and not in touch with the Poor Law at all and receiving no Poor Law relief.
As we know, they may be living on the amount that they get from other sources, but the amount may be insufficient to meet all their needs, and it is a law of Nature that they should first use it in obtaining that which is essential to the maintenance of life, while they have the shelter which is over their heads. They are not accustomed to the niceties of the law; they do not know anything about the kindheartedness of boards of guardians, or, as we call them in Scotland, parish councils, and they may not, from a variety of circumstances, have applied for that essential relief; but the Judge says, according to the Amendment we are laying down, "You should go to the parish council or the board of guardians and put in an application to that authority to relieve you of the arrears that are the cause of these proceedings, and I will stop the proceedings until you have had a reasonable opportunity of doing so, and the authority has had a reasonable opportunity of coming to a decision on your application." Having passed this, we can, as hon. and right hon. Gentlemen know, follow it up by circulars expressing the desire of the House that the people should be kept in their homes. We can follow it up from the Ministry of Health and the Scottish Board of Health with circulars drawing the attention of the authorities whom they control to the national desirability of keeping these families together, and asking them to take into account seriously the circumstances of the people who are making these applications.
Hon. and right hon. Gentlemen say that the Amendment places no obligation on the local authorities to pay the rent; but do they ask us to act, not merely as legislators, but as judges? Is it not essential that every case be judged on its merits when the application is put in? Could we possibly lay it down—it would be contrary to the whole system of local government for us to lay down in an Act of Parliament that, merely because a person is unemployed and makes an application to the local authority, they are to pay the rent of his house. If I had submitted that proposal to the House, I should have deserved the criticism which has been unjustly passed upon me throughout the course of the Debate. The intention of the Government is not to deprive local authorities of the powers of local government. It is not the intention of the Government to lay down the terms on which a judgment must be made. It is the duty of the local authority to examine all the circumstances of the applicant, and, having, determined the case on these ascertained facts, then to come to a judgment which will be a guide to the Court.
As the House will understand, when you come to deal with a problem of this kind you are dealing with a variety of people. A demand has been made for certain information to be submitted to the House. That information was demanded weeks ago, and I promised at the time that I would, and I did at the time, invite—that is to say, my Department did—the Lord Chancellor's Department to collect the information that was asked for by the House in order that I might submit it to the House. I did that without any contemplation of the proposals that we are discussing to-day. When we get that information—and it will take some time—it gives us this: Suppose we take the case of Scotland. The Prime Minister referred, and I did in my opening speech, to the fact that the majority of cases of eviction, or threatened eviction—and after all, as I said before, the threatened eviction is worse than the eviction. When a woman is thrown out there is a certain amount of relief; she knows the worst. It is this threat of eviction hanging over the heads of the people that makes the tragedy so terrible to those of us who are trying to grapple with it. The Prime Minister also stated—
Will this Bill dispense with the threat of eviction?
If hon. Members will have patience, I will try and make the matter as clear as my limited capacity will enable me to do. The Prime Minister stated that the number of cases is alarmingly increasing and that, therefore, legislation is urgently required. I stated to the House, when dealing with Clause 1 of the Bill, that it referred chiefly to conditions that prevail in the valley of the Clyde, and I gave some statistics to the House which the House may have forgotten. Speaking from memory, they were to this effect, that in 1923 1,500 or 1,600 orders for ejectment had been granted in Glasgow, and, as far as we knew, over 800 of these had been executed. I used the proviso "as far as we knew," because no authority can tell exactly the number of orders that are executed I stated in my previous speech that a Sheriff's officer—or, as he would probably be called here in England, a bailiff—goes to the home of the woman and tells her that an order for her ejectment has been granted, and that, unless she is out of the house by 12 o'clock the next day, it will be his painful duty to see that she and her family and furniture are removed. The poor woman removes rather than be subjected to the humiliation; but that technically is not an eviction. It is an order granted, but Technically it is not an eviction, because the woman has voluntarily left the house. In that same speech I referred to the increase that was occurring in the number of ejectment orders granted, and the figure I gave was—again speaking from memory—that, for the five and a half weeks from the 27th January of this year to the 6th March of this year, there had been granted, in that same Sheriff Court in Glasgow, orders to the number of 678.
Were these orders made only in cases where there was unemployment?
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I will come to that. The point I am at is the evident increase in the threatened evictions of very poor people. Since I made my speech I have got figures which make the situation vastly more serious than I thought when I was introducing the Bill. I find that the Town Clerk of Glasgow, in reply to a question put at the meeting of the Corporation on Thursday last, stated that, in the month of March, 1823 applications for ejectment had been made at the Sheriff Court in Glasgow because the tenants were in arrears with rent, and that during the same period 554 orders for ejectment have been granted. I do not know how many have been carried out, but I know that that represents 554 broken-hearted women. I merely submit it to this House that that is a human tragedy that ought to be ended. It is greater than embarrassing the Government. It is greater than any technical defects in the proposals they make. It is unworthy of this nation that its popular representatives should sit and quibble in face of such a grave situation. [HON. MEMBERS: "Withdraw!"]
I do not think the right hon. Gentleman has used an expression which he need be called upon to withdraw.
The question has been put to me as to how many of these 1,823 unfortunate people are in the ranks of the unemployed. We have no machinery by which we can ascertain how many of them are unemployed, and we shall not have that machinery until we get the provisions of this Bill through the House of Commons. If our amended Bill passes, it will be an obligation on the Judge to ascertain who are the unemployed. It will be an obligation on him to treat them as unemployed. We know that when circumstances of this kind develop we have dishonest people sheltering themselves behind the honest people. You have, first of all, the person who is unemployed; you have, secondly, the person who cannot pay rent because of other circumstances, particularly low wages; and, thirdly, you have the people who could pay rent but will not pay it because they see that the people who are unemployed are, through the mercy of the community, being protected from eviction. Is it not sound social policy to enable us first of all to know who the unemployed are, to bring our unemployed into touch with the relieving authority and to separate the really hard and honest cases from the people who could afford to pay their rent? Then you would be able to deal with those who are alleged to be able to pay, but who are not paying to the best of their ability. The criticism has been levelled that we have not taken into account the condition of the necessitous areas. I admit that from the beginning we have taken first of all as our prime consideration the condition of the people who are threatened with eviction. First of all, it was raised that we had not taken the house owners into account. Now it is raised that we are not taking the local ratepayers into account. Let me repeat that we took primarily into account the unfortunate human beings who are threatened with eviction. [ Interruption .] This Clause does all that it is possible to do. [HON. MEMBERS: "No!"] Let me repeat what the Clause does. It stops the proceedings against the unemployed man if he has not made an application to the Poor Law authorities for assistance. It puts an obligation on the Judge to direct that unemployed man to where his case will be considered. He goes to the Poor Law authority and makes his application. The Poor Law authority is the proper judge to examine all the facts and all the circumstances of the case. If they refuse to grant him relief, it is an indication to the Judge, when the hearing of the case is resumed, that those who have examined it were convinced that his arrears of rent were not due to inadequate income arising from unemployment.
Is the Judge to make his decision on the decision of the Poor Law Board or on the evidence put before him?
I thought it was bad enough to suggest to the local authorities how they should give their judgment, but I thought hon. Members would assume that we would not suggest to a Judge in a Court how he was to give judgment. I What I intended to say, and what I think the bulk of the House understood me to say, was that the fact that the Poor Law authority had carefully considered the subject, and decided that the applicant was not worthy of having his arrears of rent paid, was an indication to the Judge that it was not a case that came within: the purview of this Bill.
Supposing that the tenant fails, as many fail to do, to get the rent from the Poor Law authority, does this Bill prevent him from being evicted?
As a matter of fact that is the Bill as it was originally drafted. That is the Bill that said if a man can prove that his arrears of rent are due to unemployment, the Court is not to have the power to dispossess him of his house. That was the Bill.
It is not now.
That is what you are suggesting I should have in the Amendment.
It is your Amendment.
The hon. Member suggests, if he does not state, that this. Amendment, does not give absolute protection to the tenant. The Bill as it stands now, without the Amendment, does give absolute protection to that class of tenant.
Without any change in the law, would a board of guardians be entitled, supposing a man was £5 in arrear with his rent, to pay that sum over to the landlord, or to deal with any arrears?
The Poor Law authority certainly would not be entitled to do anything of the kind as I understand the law, but it is entitled to pay the current rent of an unemployed man and to keep him and his family in his house. Regarding arrears, I should say, speaking without consideration and without knowledge of the law, but merely taking a commonsense view, that if any portion of the arrears threatened to deprive a man of shelter, and it was essential to pay those arrears to ensure shelter, a board of guardians could do it, but I say that subject to the people who understand the law.
Is the legal position of parish councils in Scotland the same as boards of guardians?
No. For all practical purposes the payment of current rent will be sufficient to prevent evictions. The House has levelled a good deal of criticism at us because we have not taken into account the condition of the necessitous areas. May I submit here again that if the House is desirous of putting an end to this condition of things, they will not press us on that matter? Surely right hon. Gentlemen opposite and below the Gangway, who have some experience and a great deal of knowledge of all that is involved in this question, will agree with me that the question of relieving the necessitous areas is as complicated and as controversial as anything that is in the Measure before the House, and even though this House were to give a Second Reading to a Measure dealing with the condition of necessitous areas and send it upstairs, I have no doubt at all that months of our time would be devoted to hammering out the controversial details of such a complicated Measure. The strongest argument in favour of the Bill is its emergency nature, and I appeal to the House to rise above—[ Laughter ]—I am very sorry. I take a very serious view of the future of industry in this country. I hope I am wrong. I am one of those who believe that you will have to go through years of trade depression greater than any we have experienced. Again, I hope I am wrong. I want you, for the sake of the nation, not to leave the impression on our decent, respectable, artisan class that we are not prepared to insure them during periods of depression even the minimum standard of human shelter which they enjoy to-day. I appeal to you, for the sake of social security, not to leave that wrong impression on the minds of our working class, and I appeal to you in these circumstances not to treat this as you would treat it in a debating society, to treat it as something involving life and death, to treat it as something on which depends the happiness of tens of thousands of human beings, to treat it as an emergency Measure, and to give the Bill a Second Reading. When it goes to Committee, if hon. Members can suggest a better method, within the scope of this Bill, of dealing with the problem that now confronts us, no one will be better pleased than the person whose duty it was to present this Measure to the House.
The forms of the House compel me to address you, Mr. Deputy-Speaker, and it is, therefore, to you that I must put a question which you, perhaps, will not be willing to answer. Did you ever, Mr. Deputy-Speaker, see so sorry a spectacle as that presented by the Government this afternoon? The right hon. Gentleman the Minister of Health is very strong and very touching in his emotional appeal. The difficulty to which he never addresses himself is to show a connection between his emotional appeal and the Measure which he asks us to adopt. Never in all my long experience have I seen a Government—[HON. MEMBEES: "So good"]—may I say, so beset with offers of assistance from the Opposition—[HON. MEMBERS: "Oh"]—in whatever quarter of the House and to whatever party it belongs, to do that which is the professed object of the Government. They reject those offers in order to do something which is not their professed object, which is not the subject of their exordiums or their perorations, and which is not the matter of their platform speeches; which is what? After a day and a half of debate, nobody can tell us, not even the Ministers themselves.
Let us consider what our progress has been. The Government on Wednesday were offered an easy, a friendly passage of other parts of the Bill if they would drop Clause 1. They would not drop it. To the Minister of Health, Clause 1 is the whole value of the Bill. It was a simple Clause. Wherever a man was out of employment, and could not pay his rent because he was unemployed, the landlord was to go without rent—[HON. MEMBERS: "No!" and "Yes!"]—unless the landlord could prove that it would be a greater hardship to him to forego his rent than it would be to the tenant to pay it. That was Clause 1 of the Bill last Wednesday. That is the Clause which the Deputy-Leader of the House would not drop, although he did not defend it, on Wednesday. That is not the Clause now, and yet the Prime Minister comes down this afternoon and says that the attitude of the Government is perfectly simple, perfectly plain, that everybody understands it who wishes to understand it; that it has always been the same. I noticed the Prime Minister following the speech of his colleague the Minister of Health a few moments ago, and I thought I saw—I hope I do not do wrong to the Prime Minister—a look of anxiety clouding his face as the Minister of Health explained what his original proposal was. Whatever it was, it is not the present proposal.
The fact of the matter is, that the Minister of Health knew what he wanted. He had a small but very vociferous backing in his own party. He stated that on Wednesday the House was debating the matter as a debating society. Various gentlemen of some experience in these matters turned their attention to showing what would be the result of the Clause as proposed. Their views were heard, not merely on these benches and on the benches below the Gangway on the opposite side, but on the benches behind the Government, and those views were not in favour of the Clause. By eight o'clock on Wednesday evening the Lord Privy Seal was unable to say, for reasons which I think we can understand, that he would drop the Clause, but he was prepared to substitute something for it. Substitute the same thing, may I ask the Prime Minister? This is the Government that never changes in its policy. By Friday we had got a little further. The Lord Privy Seal had more courage. This time he was definitely going to put the burden of meeting these hard cases—which the House all want to do, which the whole House has offered to co-operate in doing—on the ratepayers. [HON. MEMBERS: "No!"] Yes, and he was taken to task, with some vehemence, even with some violence, by the hon. Member for Dumbarton Burghs (Mr. Kirkwood).
On Friday, the Deputy-Leader of the House said what he was going to do, and he added, "If you do not like it, it can be changed again." The Government come to-day with a proposal which is neither the original Clause, nor the Clause which the Deputy-Leader of the House promised to my right hon. Friend on Friday, nor the Clause which he promised five minutes later to the hon. Member for Dumbarton Burghs, but a new Clause which, if it has any meaning whatever, nobody has yet been shrewd enough to discover what that meaning is. How does the Minister of Health support himself in all his changes and in all his difficulties? Partly, as I have said, by appeals to emotion and partly by statistics. I invite him, the next time he speaks, to say what proportion of the statistics which he uses have any relevance to his Clause in all the forms which it has taken in its kaleidoscopic course. He read out the number of evictions. How many of those evictions were due to inability to pay? He does not know. He thinks that the Court, after this Bill is passed, will take account of inability to pay. Does he not suppose that the Court already takes account of inability to pay. [HON. MEMBERS: "NO!"] Either it does, and you make no change, or it does not, and, again, you make no change. The Court would continue to act as it has done before. The Clause deals only with people who are unable to pay through unemployment. What proportion of the right hon. Gentleman's statistics refer to people who are unable to pay, through unemployment? He has not the remotest idea, and yet he comes down to this House—
I have said that there is no machinery in existence, such as will be provided by this Bill, for obtaining statistics as to the number who are unemployed. I have stated the number of cases that come before the Courts, and I have said that in the city of Glasgow 70,000 people are registered as unemployed, or thereabouts, and that is the smallest number that has been unemployed for the past three years.
That does not in the least answer my point. A certain number of eviction orders are made. What number of them are made against people who could not pay if they would? We do not know. What number of them are made against people who are unemployed? The right hon. Gentleman does not know. What number of orders are made against people who are unemployed and are unable to pay because they are unemployed? He does not know. What is the use of quoting these statistics to justify a particular provision dealing with unemployed who are unable to pay because they are unemployed?
Debating Society!
When the hon. Member has sat long enough in this House, he will find that we do debate matters here, and that the Debates are very useful.
And people are being evicted while you debate.
The hon. Member will find out, and he is bound to learn, as we all learn in this great Assembly, that there is a great difference between vague generalities, such as pass muster at a public meeting, and the practical discussion among competent people of an actual proposal in this House. What is this proposal? It is not the original proposal of the Minister of Health. That, I presume, is definitely buried, and that the rent of these unemployed people is not to be a charge upon the landlord. It is not the policy of the Government, for the policy of the Government is that the ratepayers should pay. There is nothing whatever in this amended Clause to make the ratepayers pay. I never saw anything more remarkable than the Minister of Health's exposition of the working of the Clause. In the first place, he said that the Court would have to consider whether the tenant had made an application for relief in respect of rent, and that there would be an obligation on the Court, if he had not made an application, to, more or less dramatically, stop the proceedings. I wish the right hon. Gentleman in his whole conduct of this matter was thinking less of dramatics and more of the people whom he professes to help.
Another debating point.
There will be more before I have done. The less dramatic our Courts are, the better, probably, will be the administration of justice. It is this appeal to drama on every occasion which blinds the right hon. Gentleman to the iniquity of his first proposal and to the inefficiency of his last proposal. The tenant goes to the Court, and if he has not applied for his rent the right hon. Gentleman says that the Court will, more or less dramatically, stop the proceedings until the tenant can apply to the parish council or the board of guardians for relief. That is not the Amendment. The Court will not inquire whether he has made an application, but the Court will inquire whether he has had an opportunity of making an application. Of course, he has had an opportunity, and the Court will find that he has had an opportunity. In some cases, the Court will find that he has not used the opportunity; in other cases they will find that he has used it and his request has been turned down. The Court has only to stay proceedings if he has not had an opportunity. Accordingly, the proceedings will go on just as they have gone on.
Those local authorities which are bound upon saving their rates, and think of that above everything, will continue to refuse to give relief of this kind. Those local authorities which have given relief will continue to give relief, and not one single person who requires any sort of benefit will be a farthing better off for this Clause which occupies so much of our time, which is so much trouble to the Government, and which is the sole impediment of the further passage of the other Clause which would be useful and can easily be made the subject of agreement. I am glad to see present the Prime Minister, whom we do not see often, and I make no charge against him, because he has assumed a task which no man could fulfil at such a time as this, when he has the burden of three offices upon him. But do let the Prime Minister, now that he has had a little time to consider this Bill, take the course which the right hon. Gentleman the Member for Paisley (Mr. Asquith) pressed, and withdraw this Clause, which was mischievous and iniquitously unjust in its original form, and in its present form is mere idle verbiage serving no possible purpose except as? text for lawyers; let him abandon that Clause once for all and get on with the second Clause of the Bill, which is an agreed Clause, and then bring in a new and reconsidered Bill really dealing with this large problem which he has in view.
I think that the House will make itself ridiculous if it proceeds to accept the Amendment read out by the Prime Minister to-day as giving one grain or atom of relief to any distressed, out-of-work husband, father or family who are liable to be turned out of doors because, owing to unemployment, they have not the money to pay. We all recognise the position of the broken, nervous, ignorant people, whom the Minister of Health described as the victims of these evictions, but we all know that so far as they are concerned this Clause which the Prime Minister proposed to-day is a sham. The only reason for proposing it is to compose those differences in their own party which prevent them from accepting the offer made by my right hon. Friend who spoke for the Opposition and by the right hon. Member for Paisley on Wednesday last. This is not a Measure for the relief of the unemployed, but a Measure to cover up the blunders of the Government.
If the House will allow me to speak for a few moments I shall be obliged, for though I did take part in the Debate last week it is plain to everybody that this Bill, which we are debating now, is not the Bill presented to the House a few days ago. This Bill, indeed, has taken three different forms. Both the first and second form did secure this result, that they did offer some guarantee to the distressed unemployed man that he would not lose the shelter of his home. But the third and final form in which this Measure is put before the House to-day has not got that recommendation, and does not appear to me to make any material difference to the position of the unemployed man. If that is true, I will take up the question which the Minister of Health put when he opened his speech. The Minister of Health to-day said that the issue is, "Do you really wish to protect these unfortunate people from eviction?" Allow me to answer. Indeed we do. We all of us sincerely desire to see legislation framed which will provide protection in every proper case. The question really is not whether we wish to protect unfortunate people from eviction. The question is whether in this, the third and final variation of the Bill, we have got an adequate or reasonable proposal for that purpose.
The Minister of Health may describe the human tragedy of these poor broken people more eloquently than the rest of us can, but he does not feel their position more sincerely than we do, and, if he will permit me to say so with all respect to the right hon. Gentleman, I do hope that a debate in the House of Commons is not going to be dismissed as being the quibbling of a debating society, because we are engaged in discussing, not the emotions of the right hon. Gentleman, not the desires of people who support or sympathise with him, but what Bill and what language in that Bill will be a real contribution to the solution of this problem. The Bill, as originally introduced did offer protection to distressed unemployed men. It offered protection by putting the burden, and the whole of the burden, on certain individuals selected quite by chance, because they happened to be the landlords of individuals who had no work. But none the less it is true that the Bill in its first form did provide some protection for the unemployed. My right hon. Friend the Member for Paisley did not oppose the Bill on that account, but what he said then, and now, and what all of us say, is, make that provision by all means in some practical way, but do not perpetrate the injustice of doing it by selecting certain individuals who have done no wrong, who cannot cure the evil, and who have not caused it, and making them bear the whole of the burden.
The arguments last week were so overwhelming that my right hon. Friend the Lord Privy Seal in effect admitted that the Bill in that form could not stand. Then at the end of the Debate last week we had the Bill in its second form, and the Bill in its second form, like the first, did afford the prospect of real protection for these distressed unemployed people. May I read to the House one sentence from the speech of the Lord Privy Seal last Wednesday at the end of the Debate? Speaking for the Government in reply to what had been said by my right hon. Friend the Member for Paisley, he said:
See what is the position? Under the existing law, the Act of last year, as the Minister of Health knows perfectly well, no order for eviction can be made unless it is made by a Court which considers it reasonable to make such an order, or to give such judgment. If you were to assume the case of an unemployed man, who is not able to pay his rent for a few weeks, or for a special week, and is instantly exposed to a summons for eviction, and if he is brought before the Court, I do not care whether it is in England or in Scotland, the very first thing that would happen in such a case would be that he would say to the magistrate or County Court Judge, "I have only just fallen out of work. I expect to be able to pay after a while. I have not bad time yet to see what I can do." There is no Court in England or Scotland which would for one minute ever think of making an Order against a tenant in that position.
I will say what I think would happen. I have no claim to special authority. This is not because my profession is that of a lawyer. This is not a legal matter at all. It is a human question and a practical question. We have got to see what is the best thing to do. What happens in such a case? Unquestionably, and I should be confirmed by any hon. Gentleman who knows anything about the subject, no Judge who understands his business would turn a man into the street with his poor sticks of furniture in a case like that without giving him fair time and fair opportunity, and that is what happens in this country. Let us see then what this Bill does. This Bill in its proposed form does not provide a single farthing of public money in order that the rent due may be recovered. It goes through the form of saying "We are doing something for the unemployed man when he cannot pay his rent," without ever facing the practical question that it has got to be paid somehow, and out of what fund it is going to be paid. It was one thing to say that it must be paid by the landlord who will have to go without his rent. It was another thing to say, as the Lord Privy Seal said last week, that it shall be paid out of public funds which are to bear the cost of maintaining the distressed tenant in his home. But you are not doing anything if you pass the newly framed Clause which does not indicate any new source from which you are to recover the amount that is due.
Then the Minister of Health says, "We are going to circularise the local authorities." No doubt that is a very useful thing to do, but just see what happens. Suppose the local authority says, "We are not going to make you any allowance in respect of this unpaid rent"—and we are told they are saying it now—then there is nothing in this Bill to prevent them saying that. Do you think that they are more likely or less likely to say it if the Government wholly fail to provide any public fund out of which they are going to be indemnified? You are going to leave the local authorities without any sort of indemnification or relief. You are not going to place the burden upon them, and you say to the tenant, "You may apply to the local authorities, and if they take the view that they ought to make an allowance for this unpaid rent, your case will be met, but if they do not, then the Minister of Health and the Government have nothing more to say." I cannot believe that that is a fair way in which to treat the unemployed people. I have the greatest possible sympathy, the greatest practical sympathy, with a proposal made from the Government Bench, if they have thought it out, by which this burden, which ought to be regarded, not as the burden of the individual but rather as a communal burden, could be properly spread and shouldered.
If anyone will produce such a scheme in a workmanlike form, there are many of us who will certainly accept it and do our best to help it. But there is one thing I will not do. I will not stand up and see this Bill, which originally really was a Bill to try to help some distressed unemployed men and women in one way or other—I am not going to see that turned into a Bill which does not really help them at all. I am not going to be in the least frightened or intimidated because I am asked by the Minister of Health, "Do you really wish to protect unfortunate people from eviction?" We all do. The situation now has boiled down to this: Agreed, that the decent, distressed, unemployed man or woman ought not to be turned neck and crop out of his or her home because of inability to pay rent; agreed, in the second place, that it would be monstrously unjust to throw that burden on a limited number of selected people who happen to be house owners, some of whom have very great and difficult distresses of their own. Then the third question comes up, "Upon what fund is it to be borne?" Until the Government come forward and tell us that, they are playing with the question, if they profess to have made any contribution to this subject at all.
I do not pause to discuss whether the Government have changed their view. What is the good of Debates if Governments do not endeavour to meet the general sense of the House? I have not the slightest complaint to make, because the Government have attempted to do so, but let me repeat what was said by the right hon. Member for Paisley. What he said was not mere words, but represented a deep desire. We desire from the bottom of our hearts to co-operate with all those who are in office in order to secure a real source from which these people can be relieved. So do right hon. Gentlemen across the Gangway. But it really has become time to realise—a Labour Government has been in office for some time—that you cannot deal with these things by rhetorical phrases, and that the only thing that matters is the language of your Act of Parliament. If anyone was to take this Clause as it is proposed to reform it now, I believe that any competent person would say that it does not materially alter the present situation of the unemployed man and woman one bit. I want to see their situation improved, and if this Bill, as it is now proposed to alter it, does not assist their situation in the least, surely it is not too much to ask that the Government, which quite rightly has tried to see whether a different form of legislation would meet the situation, should take the opportunity of consultation and conference and co-operation with all parties in the House. Let us see if we cannot get something rapidly done, which will not only support rhetorical perorations and appeals from political platforms, but which, on the Statute Book, will really secure that relief is given where no relief is given to-day.
I think the House generally will agree that this is not only an interesting Debate, but that it is certainly a Debate in which plain speaking is the order of the day. I am going to be no exception to the rule. We are accused of being stupid, inconsistent and frauds, [HON. MEMBERS: "No!"] The right hon. and learned Member for Spen Valley (Sir J. Simon) said that he would be no party to perpetrating a fraud on the unemployed. There can be only one meaning to that, namely, that that is the charge he levels against us. I want to examine the situation in the light of this Debate. Last Wednesday, the right hon. Member for Paisley (Mr. Asquith) pleaded with the Government to withdraw Clause 1 on one ground only, namely, that whilst he had sympathy with the unemployed and while he was desirous of protecting people from being turned out of their homes, he objected to the responsibility being placed on one section of the community. He went beyond that. He said, in effect, "I not only invite you to withdraw Clause 1, but I give you an assurance that, so far as my party is concerned, we will cooperate with you in any remedy that you propose." That was the position last week. [HON. MEMBERS: "It is now."] This afternoon, in addition to the general criticism, my right hon. Friend proceeds at once to say, "To-day, again, we invite you to co-operate with us." He said, So anxious am I to help you, that the course we suggest is the speediest method of attaining it." That is his statement. I am going to challenge it, and I ask him, if he is genuine in that anxiety, why does he force us, why does he ask us to withdraw Clause 1, when the Title of the Bill is so wide that everything he objects to could be amended upstairs. [HON. MEMBERS: "NO!"] Oh, yes!
What about a Money Resolution?
My hon. Friend knows perfectly well that no Money Resolution is required on the Amendment that we propose. [HON. MEMBERS: "Then it is useless."] Let us see the exact situation. My right hon. and learned Friend says that he wants to get speedy relief for these people. I put it to him that in his long Parliamentary experience and in the long experience of right hon. Gentlemen opposite there have been, in this House, hundreds of cases of the introduction of Bills to which fundamental objection was taken in regard to certain Clauses, and every time the statement has been, "We will give it a Second Reading and amend it upstairs." What becomes of the anxiety, then, about Clause 3 of this Bill when you refuse to take that course? What becomes of your profession of anxiety about Clauses 2 and 3 if you refuse to help to give effect to Clauses 2 and 3, as you will do if you refuse to let the Bill go to Committee upstairs? I hope my hon. Friends below the Gangway will observe the situation. They say to us, "Withdraw Clause 1 and we will help pass Clauses 2 and 3." Very well then. We say to them, "You will obtain all that you desire, if you are earnest, by giving a Second Reading to this Bill and dealing with Clause 1 upstairs." It is urged, I think, by the right hon. Member for Paisley, that Clause 1 is a worthless Clause, that it is a Clause which does nothing, and is so objection- able that he is going to hang up Clauses 2 and 3. He asks, "Why do you not drop it?" What becomes of hon. Members' anxiety? Last week we were told that we had to drop Clause 1 because it was dangerous class legislation and could not be considered. This week we are told that we must drop Clause 1, not because it is dangerous, but because it is useless. This, be it observed, is from the people who can amend the Bill in Committee and who are anxious for Clauses 2 and 3.
A lot of anxiety has been expressed about the unemployed. A lot of lip-service is given to the evicted people. There appears, however, to be an over-anxiety to let them go on being evicted and not to help them. I am not a lawyer, and I am not going to deal with a legal phrase, but I will tell the House what authorities equal to my right hon. and learned Friend say that this Clause will do. [HON. MEMBERS: "Name?"] I am glad to observe that at least the Opposition Front Bench do not associate themselves with that kind of thing. The House knows perfectly well that the Amendment was read out by my right hon. Friend, and they know the purport of it, or else there is no point in the speech which has just been made. It is admitted that some boards of guardians in this country and some parish councils in Scotland do not take rent into consideration.
I would ask the right hon. Gentleman whether there is any parish council in Scotland that does not take rent into consideration in fixing relief?
7.0 P.M.
There are sufficient Scotsmen in the House to deal with that point. At all events, do let us see if we can agree on something, if we disagree on many things. There is common agreement that certain authorities in England and Wales ignore rent. I will leave the Scotsmen to answer for Scotland. Supposing an application is made under the Amendment we propose to this Bill and it goes to the Court. If the Judge is1 told by the evicted person that the guardians have not considered his case or, alternatively, that the guardians have had no opportunity of considering the case, no order for eviction can take place before that opportunity has been given. We are agreed upon that. [HON. MEMBERS: "No."] That being so, we at least come to this common agreement that there is some protection for some poor mortal whoever he may be. We shall be satisfied if, as a result of our effort, however imperfect it may be, we save one individual from being turned out on the streets. If it be admitted, as my right hon. Friend said, that it has that effect, what becomes of the cry of his supporters in saying they will not go into the Lobby even to support that Measure itself?
Nobody said that.
Then I take it that the right hon. Gentleman the Member for Spen Valley and the right hon. Gentleman the Member for Paisley spoke for themselves. Last Wednesday objection was raised on the issue I have already dealt with. We made a genuine effort to meet the objections raised in all quarters of the House. We now come to the House of Commons and say quite deliberately that we believed when this Clause was drafted that it did meet the objection raised. You now tell us that it does not. You tell us to withdraw it, although you know there is no purpose in withdrawing it; although you know perfectly well that in Committee upstairs you could alter it. The answer is, we will not withdraw it. We have made a genuine attempt to meet what we believe to be the wishes of the House. We say to you, You know that in Committee upstairs the whole matter can be considered and you will have your opportunity. You not only know that, but you know you are in a majority on the Committee upstairs. The responsibility of refusing that will be yours. We will wait for the Division and not alter the policy I have stated.
The right hon. Gentleman who has just resumed his seat has suggested that we are not interested—[HON. MEMBERS: "Divide!"]
The hon. Member is entitled to a hearing.
There is a suggestion by the right hon. Member who has just resumed his seat, that there are some hon. Members below the Gangway not interested in getting Clause 2 passed into law. He was not entitled to make that criticism, because the policy in Clause 2 is simply a repetition, almost in the precise words, of the Amendment we moved 12 months ago to the right hon. Gentleman's Bill. There were over 70 votes in support of the Amendment. Surely it is not fair for the right hon. Gentleman to attribute to us a desire to defeat Clauses 2 and 3 of this Bill. As far as Clause 1 is concerned, the reason why we are not enthusiastic is because we know it will do no good to anybody. If it were possible to carry this Bill through all its stages, if it were possible to get a Second and Third Reading to-day and for it to pass the House of Lords to-day, there is no tenant in Glasgow or elsewhere who would be better off to-morrow morning than he was this morning. I was astonished just now when the Minister for Health said it would be a great pity if we left the impression on the decent artisan class that we were against their interests. If that impression is left, the responsibility does not rest with us. It rests on those who last week suggested in this House that those who vote against the Second Reading were ranging themselves against the poor and the distressed. It rests with those who last week announced, I think in the Labour paper, that there was a combination of the Liberals and the Tories for the defence of the landlord. I, at any rate, am not entering into that combination at all. My objection is that, after all the loud trumpeting and big words, the only satisfaction given to those evicted tenants is just words and phrases. I suggest that the time of this House should be given to meeting the needs of those people. This Bill will do nothing for them. It will only spread greater resentment and dissatisfaction when people who have been promised so much. Clause 1 simply speaks words of promise to the ear without giving any real hope. I hope there will be strong objections taken at any rate in Committee. Whatever may be the decision of the House—and I can only speak for myself in this respect—I want to give this warning, that if Clause 1 is pressed for and time occupied in carrying it through, it will simply mean you set up machinery for no purpose, and those who sit above the Gangway will be responsible.
Question put, "That the words proposed to be left out stand part of the Question."
The House divided: Ayes, 212; Noes, 221.
Division No. 50. ]] AYES. [ 7.12 p.m. Ackroyd, T. R. Hemmerde, E. G. Robertson, J. (Lanark, Bothwell) Adamson, Rt. Hon. William Henderson, A. (Cardiff, South) Robinson, S. W. (Essex, Chelmsford) Adamson, W. M. (Staff., Cannock) Henderson, T. (Glasgow) Romeril, H. G. Alden, Percy Henderson, W. W. (Middlesex, Enfld.) Rose, Frank H. Alexander, A. V. (Sheffield, Hillsbro') Hindle, F. Royce, William Stapleton Allen, R. Wilberforce (Leicester, S.) Hirst, G. H. Samuel, H. Walter (Swansea, West) Alstead, R. Hodge, Lieut.-Col. J. P. (Preston) Scrymgeour, E. Ammon, Charles George Hodges, Frank Scurr, John Aske, Sir Robert William Hudson, J. H. Seely, H. M. (Norfolk, Eastern) Attlee, Major Clement R. Isaacs, G. A. Shaw, Rt. Hon. Thomas (Preston) Ayles, W. H. Jackson, R. F. (Ipswich) Sherwood, George Henry Baker, W. J. Jenkins, W. (Glamorgan, Neath) Shinwell, Emanuel Banton, G. Jewson, Dorothea Short, Alfred (Wednesbury) Barker. G. (Monmouth, Abertlliery) John, William (Rhondda, West) Sltch, Charles H. Barnes, A. Johnstone, Harcourt (Willesden, East) Smith, T. (Pontefract) Batey, Joseph Jones, Rt. Hon. Leif (Camborne) Smith, W. R. (Norwich) Benn, Captain Wedgwood (Leith) Jones, Morgan (Caerphilly) Snell, Harry Black, J. W. Jowett, Rt. Hon. F. W. (Bradford, E.) Snowden, Rt. Hon. Philip Briant, Frank Jowitt, W. A. (The Hartlepools) Spence, R. Broad, F. A. Kay, Sir R. Newbald Spero, Dr. G. E. Brown, A. E. (Warwick, Rugby) Kedward, R. M. Stamford, T. W. Brown, James (Ayr and Bute) Kirkwood, D. Starmer, Sir Charles Buchanan, G. Lansbury, George Stephen, Campbell Burnie, Major J. (Bootle) Law, A. Stewart, J. (St. Rollox) Buxton, Rt. Hon. Noel Lawrence, Susan (East Ham, North) Stewart, Maj. R. S. (Stockton-on-Tees) Chapple, Dr. William A. Lawson, John James Stranger, Innes Harold Charleton. H. C. Leach, W. Sullivan, J. Church, Major A. G. Lee, F. Sunlight, J. Clarke, A. Lessing, E. Sutton, J. E. Climie. R. Linfield, F. C. Tattersall, J. L. Cluse, W. S. Loverseed, J. F. Thomas, Rt. Hon. James H. (Derby) Clynes, Rt. Hon. John R. Lowth, T. Thompson, Piers G. (Torquay) Compton, Joseph Lunn, William Thomson, Trevelyan (Middlesbro. W.) Costello, L. W. J. MacDonald, Rt. Hon. J. R. (Aberavon) Thorne, W. (West Ham, Plaistow) Cove, W. G. M'Entee, V. L. Thurtle, E. Crittall, V. G. Mackinder, W. Tinker, John Joseph Davison, J. E. (Smethwick) Maclean, Nell (Glasgow, Govan) Toole, J. Dickson, T. March, S. Trevelyan, Rt. Hon. C. P. Dukes, C. Marley, James Turner-Samuels, M. Duncan, C. Martin, F. (Aberd'n & Kinc'dine, E.) Varley, Frank B. Dunn, J. Freeman Martin, W. H. (Dumbarton) Viant, S. P. Dunnico, H. Maxton, James Wallhead, Richard C. Edwards, C. (Monmouth, Bedwellty) Middleton, G. Walsh, Rt. Hon. Stephen Egan, W. H. Millar, J. D. Ward, G. (Leicester, Bosworth) Foot, Isaac Mills, J. E. Ward, Col. J. (Stoke-upon-Trent) Gardner, B. W. (West Ham, Upton) Mitchell, R. M. (Perth & Kinross, Perth) Warne, G. H. Gardner, J. P. (Hammersmith, North) Montague, Frederick Watson, W. M. (Dunfermline) Gavan-Duffy, Thomas Morrison, Herbert (Hackney, South) Watts-Morgan, Lt.-Col. D. (Rhondda) Gilbert, James Daniel Morrison, R. C. (Tottenham, N.) Webb, Lieut.-Col. Sir H. (Cardiff, E.) Gillett, George M. Mosley, Oswald Webb, Rt. Hon. Sidney Gosling, Harry Murray, Robert Wedgwood, Col. Rt. Hon. Josiah C. Gould, Frederick (Somerset, Frome) Naylor, T. E. Weir, L. M. Graham, W. (Edinburgh, Central) Nichol, Robert Welsh, J. C. Greenall, T. O'Grady, Captain James Westwood, J. Greenwood, A. (Nelson and Colne) Oliver, George Harold Wheatley, Rt. Hon. J. Grenfell, D. R. (Glamorgan) Paling, W. White, H G. (Birkenhead, E.) Groves, T. Palmer, E. T. Whiteley, W. Grundy, T. W. Parkinson, John Allen (Wigan) Wignall, James Guest, J. (York, Hemsworth) Pattinson, S. (Horncastle) Williams, Lt.-Col. T. S. B. (Kennington) Guest, Dr. L. Haden (Southwark, N.) Perry, S. F. Williams, Maj. A. S.(Kent,Scvenoaks) Hall, F. (York, W.R., Normanton) Pethick-Lawrence, F. W. Williams, T. (York, Don Valley) Hall, G. H. (Merthyr Tydvil) Pilkington, R. R. Wilson, C. H. (Sheffield, Attercllffe) Hamilton, Sir R. (Orkney & Shetland) Ponsonby, Arthur Wilson, R. J. (Jarrow) Harbord, Arthur Potts, John S. Windsor, Walter Hardie, George D. Pringle, W. M. R. Wintringham, Margaret Harris, John (Hackney, North) Purcell, A. A. Woodwark, Lieut.-Colonel G. G. Harris, Percy A. Raffan, P. W. Wright, W. Hartshorn, Rt. Hon. Vernon Ramage, Captain Cecil Beresford Young, Andrew (Glasgow, Partick) Hastings, Sir Patrick Raynes, W. R. Hastings, Somerville (Reading) Richardson, R. (Houghton-le-Spring) TELLERS FOR THE AYES. —Mr. Spoor and Mr. Kennedy.—Mr. Spoor and Mr. Kennedy. Hayday, Arthur Ritson, J. Hayes, John Henry (Edge Hill) Roberts, Rt. Hon. F. O. (W. Bromwich)
NOES. Ainsworth, Captain Charles Barrie, Sir Charles Coupar (Banff) Betterton, Henry B. Amery, Rt. Hon. Leopold C. M. S. Becker, Harry Blades, Sir George Rowland Atholl, Duchess of Beckett, Sir Gervase Blundell, F. N. Baird, Major Rt. Hon. Sir John L. Benn, Sir A. S. (Plymouth, Drake) Bowater, Sir T. Vansittart Baldwin, Rt. Hon. Stanley Bentinck, Lord Henry Cavendish- Bowyer, Capt. G. E. W. Balfour, George (Hampstead) Berkeley, Captain Reginald Bramsdon, Sir Thomas Barnston, Major Sir Harry Berry, Sir George Brass, Captain W. Brassey, Sir Leonard Harmsworth, Hon. E. C. (Kent) Perkins, Colonel E. K. Bridgeman, Rt. Hon. William C1ive Hartington, Marquess of Perring, William George Briscoe, Captain Richard George Harvey, C. M. B. (Aberd'n & Kincardne) Philipson, Mabel Brittain, Sir Harry Henn, Sir Sydney H. Pllditch, Sir Philip Buckingham, Sir H. Hennessy, Major J. R. G. Pownall, Lieut.-Colonel Assheton Bull, Rt. Hon. Sir William James Herbert, Dennis (Hertford, Watford) Raine. W. Bullock, Captain M. Herbert, Capt. Sidney (Scarborough) Rankin, James S. Burman, J. B. Hill-Wood, Major Sir Samuel Rathbone, Hugh H. Burney, Lieut.-Com. Charles D. Hoare, Lt.-Col. Rt. Hon. Sir S. J. G. Rawlinson, Rt. Hon. John Fredk. Peel Butler, Sir Geoffrey Hogbin, Henry Cairns Rawson, Alfred Cooper Butt, Sir Alfred Hogg, Rt. Hon. Sir D. (St. Marylebone) Rees, Sir Beddoe Caine, Gordon Hall Hogge, James Myles Reid, D. D. (County Down) Campion, Lieut.-Colonel W. R. Hohler, Sir Gerald Fitzroy Remer, J. R. Cassels, J. D. Hood, Sir Joseph Remnant, Sir James Cayzer, Sir C. (Chester, City) Hope, Rt. Hon. J. F. (Sheffield, C.) Rentoul, G. S. Cayzer, Maj. Sir Herbt. R. (Prtsmth.S.) Hopkinson, A. (Lancaster, Mossley) Rhys, Hon. C. A. U. Cecil, Rt. Hon. Sir Evelyn (Aston) Hore-Belisha, Major Leslie Richardson, Lt.-Col. Sir P. (Chertsey) Cecil, Rt. Hon. Lord H. (Ox. Univ.) Horlick, Lieut.-Colonel J. N. Roberts, Samuel (Hereford, Hereford) Chamberlain, Rt. Hn. J. A. (Birm.,W.) Howard, Hn. D.(Cumberland, Northrn.) Robinson, W. E. (Burslem) Chamberlain, Rt. Hon. N. (Ladywood) Howard-Bury, Lieut.-Col. C. K. Ropner, Major L. Chilcott, Sir Warden Hughes, Collingwood Roundell, Colonel R. F. Clarry, Reginald George Huntingfield, Lord Russell, Alexander West (Tynemouth) Clayton, G. C. Hutchison, W. (Kelvingrove) Russell-Wells, Sir S. (London Univ.) Cobb, Sir Cyril Iliffe. Sir Edward M. Samuel, A. M. (Surrey, Farnham) Cockerill, Brigadier-General G. K. Inskip, Sir Thomas Walker H. Sandeman. A. Stewart Cohen, Major J. Brunel Jackson, Lieut.-Colonel Hon. F. S. Sassoon, Sir Philip Albert Gustave D. Colfox, Major Wm. Phillips James, Lieut.-Colonel Hon. Cuthbert Savery, S. S. Conway, Sir W. Martin Joynson-Hicks, Rt. Hon. Sir William Scott, Sir Leslie (Liverp'l, Exchange) Cope, Major William Keens, T. Seely, Rt. Hn. Maj.-Gen. J. E. B. (I. of W.) Cory, Sir Clifford Kindersley, Major G. M. Sheffield, Sir Berkeley Courthope, Lieut.-Col. George L. King, Captain Henry Douglas Smith-Carington, Neville W. Cowan, Sir Wm. Henry (Islington, N.) Lamb, J. Q. Somerville, A. A. (Windsor) Craik, Rt. Hon. Sir Henry Lane-Fox, George R. Spencer, H. H. (Bradford, S.) Croft, Lieut.-Colonel Sir Henry Page Laverack, F. J. Spender-Clay, Lieut.-Col. Herbert H. Crooke, J. Smedley (Deritend) Leigh, Sir John (Clapham) Stanley, Lord Cunliffe, Joseph Herbert Lloyd, Cyril E. (Dudley) Steel, Samuel Strang Curzon, Captain Viscount Locker-Lampson, G. (Wood Green) Stuart, Hon. J. (Moray and Nairn) Dalkeith, Earl of Lord, Walter Greaves. Stuart, Lord C. Crichton. Darbishire, Charles W. Lowe, Sir Francis William Sueter, Rear-Admiral Murray Fraser Davidson, Major-General Sir J. H. Lumley, L. R. Sutcliffe, T. Davies, Maj. Geo. F. (Somerset, Yeovil) Lyle, Sir Leonard Sykes, Major-Gen. Sir Frederick H. Davison, Sir W. H. (Kensington, S.) McCrae, Sir George Terrell, Captain R. (Oxford, Henley) Deans, Richard Storry MacDonald, R. Thomas, Sir Robert John (Anglesey) Dixey, A. C. McLean, Major A. Thompson, Luke (Sunderland) Doyle, Sir N. Grattan McNeill, Rt. Hon. Ronald John Thomson, F. C. (Aberdeen, South) Dudgeon, Major C. R. Maitland, Sir Arthur D. Steel. Titchfield, Major the Marquess of Eden, Captain Anthony Makins, Brigadier-General E. Vaughan-Morgan, Col. K. P. Edmondson, Major A. J. Mansel, Sir Courtenay Waddington, R. Ednam, Viscount Marks, Sir George Croydon Ward, Lt.-Col. A.L.(Kingston-on-Hull) Erskine, James Malcolm Monteith Marriott, Sir J. A. R. Warrender, Sir Victor Falle, Major Sir Bertram Godfray Mason, Lieut.-Col. Glyn K. Wells, S. R. Ferguson, H. Meller, R. J. Weston, John Wakefield FitzRoy, Capt. Hon. Edward. A. Milne, J. S. Wardlaw Wheler, Lieut.-Col. Granville C. H. Forestier-Walker, L. Mitchell, W. F. (Saffron Walden) Wilson, Sir C. H. (Leeds, Central) Frece, Sir Walter de Mitchell, Sir W. Lane (Streatham) Wilson, Col. M. J. (Richmond) Fremantle, Lieut.-Colonel Francis E. Mond, H. Windsor-Clive, Lieut.-Colonel George Galbraith, J. F. W. Moore-Brabazon, Lieut.-Col. J. T. C. Winfrey, Sir Richard Gates, Percy Morrison-Bell, Major Sir A. C. (Honiton) Winterton, Rt. Hon. Earl Gaunt, Rear-Admiral Sir Guy R. Nesbitt, Robert C. Wise, Sir Fredric Gilmour, Colonel Rt. Hon. Sir John Newman, Sir R. H. S. D. L. (Exeter) Wood, Sir H. K. (Woolwich, West) Gould, James C. (Cardiff, Central) Newton, Sir D. G. C. (Cambridge) Worthington-Evans, Rt. Hon. Sir L. Greene, W. P. Crawford Nicholson, O. (Westminster) Wragg, Herbert Grenfell, Edward C. (City of London) Nicholson, William G. (Petersfield) Yate, Colonel Sir Charles Edward Gretton, Colonel John Nield, Rt. Hon. Sir Herbert Yerburgh, Major Robert D. T. Gwynne, Rupert S. Pease, William Edwin Hacking, Captain Douglas H. Pennefather, Sir John TELLERS FOR THE NOES. —Commander B. Eyres-Monsell and Colonel Gibbs.—Commander B. Eyres-Monsell and Colonel Gibbs. Hall, Lieut.-Col. Sir F. (Dulwich) Penny, Frederick George Harland, A. Percy, Lord Eustace (Hastings)
rose —
There is no Question before the House.
I beg to move, "That this House do now adjourn."
That Motion can only be moved by the Government.
On a point of Order. Has the Amendment been disposed of? Hon. Members here did not hear the words of the Amendment being put.
The right hon. Gentleman forgets that in 1918 the Standing Orders were altered.
Ways and Means
Considered in Committee.
[Mr. ROBERT YOUNG in the Chair.]
War Charges (Validity)
Motion made, and Question proposed,
"That it is expedient to give legal validity to the imposition and levying of certain charges which during the late War certain Government Departments, purporting to act in the execution of duties imposed or in pursuance of powers conferred by the Defence of the Realm Regulations or otherwise, imposed by way of payments required to be made either on, or in connection with, the grant of licences or permits issued, or purporting to be issued, in pursuance of the said powers, or in connection with the control of supplies or of the prices of certain commodities, or for services rendered."
rose —
I beg to move, "That the Chairman do report Progress and ask leave to sit again."
I make this Motion in order to give the Government an opportunity of explaining what action they will take with regard to the Rent Restrictions Bill, and whether they will introduce immediately a new Bill embodying Clause 2 and making it plain where the charge will be made which it is proposed should be made.
A situation has arisen such as I contemplated in the first speech I delivered as Prime Minister in this House. The Government made a certain proposal to deal with a pressing problem. In that proposal there were three Clauses—Clause 1, Clause 2 and Clause 3. The place to deal with the Clauses separately is in Committee upstairs. This House on Second Reading cannot deal with the Clauses of a Bill. If the Government had said it was withdrawing Clause 1, and the House had then given the Bill a Second Reading, it would have given a Second Reading to Clause 1, and Clause 1 would have remained in the Bill as it went to Committee. The House was warned of that. The House by this Vote just now has said, "We are not in favour of Clause 1 or Clause 2 or Clause 3. [HON. MEMBERS: "No!"] I quite understand. I have always understood that sections might object to Clause 1, but the position was quite clearly pointed out to-day and the pro- cedure which has been followed to-day in voting against the Second Reading of the Bill because it contained a Clause which could have been voted out upstairs or amended or withdrawn in the only place—[ Interruption .] I decline to make Parliamentary precedents that are going to establish a way of doing things which is most improper. I am perfectly willing in the very exceptional circumstances in which parties find themselves, to consider the matter, but at the same time I wish the House to understand clearly what it has done to-day and what is the only explanation the country can have of the meaning of this vote.
That they are not going to have a Socialistic Government.
It is perfectly obvious before any statement can be made about the view taken as to the reinstatement of Clauses 2 and 3 as they stood in this Bill, that the Government will have to consider it, so if the question is repeated to-morrow a statement will be made as to what can be done. I would suggest in the meantime that there should be some consultation as to how the Bill is going to be got through if it is produced at all.
We on this side of the House cannot possibly allow it? to go out to the country that, as the Prime Minister has suggested, he could not have withdrawn Clause 1, and that if he had done so he would have created a precedent. He has been in this House a good many years and he must know that that course has been followed over and over again. [HON. MEMBERS: "Quote."] I am quite sure all the senior Members of the House know that when a Bill is in dispute, if one Clause is attacked, frequently that Clause is withdrawn and the Bill goes forward. Accordingly, when the Prime Minister says that to have withdrawn Clause 1 would have created a new precedent I say it would have done nothing of the kind. [HON. MEMBERS: "Give a case."] I further want to remind the Prime Minister that, speaking on behalf of this portion of the Opposition on Wednesday last, I expressly stated that, if he would withdraw that Clause, we were prepared to pass Clause 2 and would probably be able to agree about Clause 3. The right hon. Gentleman has made a very clever attempt to provide an opportunity for misrepresenting the part played by Conservatives in what has taken place in this House to-day. [ Interruption .] What has really happened is this. The House of Commons has itself decided, and given a lesson to His Majesty's present Government that they may not bring in Measures of this kind. [HON. MEMBERS: "Oh!" and Interruption .] They cannot throw responsibility on the House which rightly belongs to them. We are prepared to consider, and we have always been prepared to consider, any legislation which this Government will bring forward, but I say to them quite definitely that they are not entitled to any privileges that any other Government is not entitled to. [ Interruption .] They have no right to place on us the responsibility for what happens to their infernal legislation. We are prepared to consider any Bill they like to bring forward, and if they bring one forward in such a form that the House of Commons cannot make it a really workable Measure, the responsibility is on their shoulders.
I only want to say one word in the absence of my right hon. Friend the Member for Paisley (Mr. Asquith). I want to make it quite clear that, in so far as the Liberal Members are concerned, it is inaccurate to say that we opposed Clauses 2, 3 and 4 of the Bill. [ Interruption .] On the contrary, I think it is fair to remind the Prime Minister of what was said by my right hon. Friend standing at that box to-day. He said that, in so far as he was speaking on behalf of the Liberal party, they were prepared to vote for all the other Clauses provided the right hon. Gentleman the Prime Minister was prepared to withdraw Clause 1. He made it absolutely clear, and he repeated it more than once, that we on these benches were prepared to vote for any Bill which included Clauses 2, 3 or 4 but that he could not see his way to vote for Clause 1 of the Bill. May I also point out that the other Clauses of the Bill are incorporated in a Measure which has already been introduced by a Member sitting on these benches. [ Interruption .] If the right hon. Gentleman had pursued the course, which unfortunately he did not pursue, of introducing a Bill which would provide protection for the unemployed by means of those three Clauses, he would have got the support of all Members sitting on these benches. I think it would have been fairer to do so. Our difficulties were increased enormously by the statement he made to-day. Until we heard his speech we determined to vote for the Second Reading. [HON. MEMBEKS: '"Oh!"] But after a statement made by the Prime Minister, the situation was so thoroughly obscured that my right hon. Friend decided to appeal to him to withdraw a Clause, the meaning of which was not clear to the House, and was certainly not very clear to the right hon. Gentleman himself, because he does not lack lucidity of statement when he knows exactly what is in his own mind. I want to make a final protest against the statement made by the Prime Minister that we voted against the whole of the Bill, and that we voted against giving relief to the unemployed in cases of eviction. After the statement made by my right hon. Friend the Member for Paisley, that charge is a disingenuous one.
In view of the statement made by the Prime Minister I desire to ask him in reference to his statement at the beginning of this Parliament, what he really meant when he told us he was not prepared to resign on some minor question or some snap Division. An extraordinary situation has been brought about. The Prime Minister might a month ago possibly have said "This is a chance combination of parties against me." But all through last week his own party apparently had no confidence in the Government. In five Divisions on one night a majority of his party voted against the Government. The Prime Minister will admit that no Government in the history of this country, a majority of whose supporters have voted against it, has remained in office a single day, and yet we have it suggested that this is some extraordinary situation which has arisen this evening. Surely a Government which has no longer the confidence of its own party, if it is defeated in this House after wobbling and altering its proposals from day to day, and is only saved by the Measure being talked out—surely a Government in that position has proved itself absolutely unable to govern, and the sooner it resigns the better.
I have been terribly disappointed by the happenings here to-day. It is true, as the hon. Member who spoke last has said, that many of us on these benches, myself included, voted against the Government on several occasions. We did so when they had enthusiastic support of hon. Members opposite and below the Gangway. [HON. MEMBERS: "NO!"] We, voted against the Government on the granting of a £3,500,000 credit to a company in the Sudan. We voted against the Government on an expenditure of £45,000,000 for the keeping up of an Army in this country to defend the homes of the people. Some of us voted against the Government on cruisers and on the death penalty in the Army. To-day we have seen an attempt—it may have been a poor attempt—to protect the homes of a most unfortunate section of the community. I want to be absolutely fair to hon. Members opposite and below the Gangway. If they knew this problem as we who come from Glasgow know it, they would have welcomed any movement, however imperfect, in the direction of saving this terrible sum-total of human misery, this reign of terror that is going on from day to day against the women and children of our land. The only Clause in this Bill which offered any protection to those women and children in Glasgow was Clause 1. [HON. MEMBERS: "At whose expense?"] I do not know what the original Clause as drafted said, but if a man or woman was threatened with eviction and was brought before the Sheriff in Scotland, the Sheriff had the right to weigh up the social condition of the landlord and to weigh up the social condition of the tenant, and whichever was going to suffer most was going to receive the support of the law. That is a function of any genuine Government. It is the function of this Parliament to protect the weaker section in the community. I have no information as to what the Government propose to do. I am told this is mainly a local issue. I am going to ask hon. and right hon. Members below the Gangway and hon. and right hon. Members opposite, who have expressed the deepest sympathy with these unfortunate people, to try in the course of the next 24 hours to bring forward that perfect Clause which their greater experience, their wider knowledge and their no less sincere sympathy ought to enable them to put in the hands of our leaders.
I think the hon. Member for Bridgeton (Mr. Maxton) is somewhat loose in his ideas as to where responsibility rests in this House. After all, the responsibility for legislation primarily rests with the Government, and when he assumes that Clause 1 of this Bill, as it was to be amended, was going to help the poor people in Glasgow, I think he is going much beyond the facts, as was revealed in the course of the Debate this afternoon, and if he alleges that the decision which was taken meant the defeat of anything that was going to benefit the unemployed, however advantageous it may be to say that at election meetings, it will not be in accordance with the facts. I do not suppose hon. Members will refrain from saying it, all the same. They, of course, have a higher standard of morality than the, other two parties, although I observe that the Under-Secretary to the Ministry of Health told an audience of Indian students on Sunday that the Government was passing through an apprenticeship to political dishonesty, a very instructive and illuminating thing to tell students from India.
I did not rise so much to deal with the remarks of the hon. Member for Bridgeton as to commiserate with the hon. and gallant Member for Bournemouth (Sir H. Croft). I must say that my sympathy went out to him. He sat up a whole night last week saving the Government. He voted in Division after Division against the majority of hon. Members above the Gangway and a large number of hon. Members below the Gangway on this side of the House. He voted with the Government on the Closure, he voted with the Government on the merits, every time snatching them from the jaws of death. I hope that this will appeal to the Prime Minister. The hon. and gallant Member, with this record of service to the Government, appeals to him not to resign. Surely he will respond to so pathetic an appeal. I think it is the least he can do under the circumstances.
Who saved the Government on Wednesday?
All I was concerned to do last Wednesday was to prevent this spectacle of the hon. and gallant Member appealing to the Prime Minister not to resign.
I am sure the lion. Member does not wish to misinterpret what I said. I made no such statement as that the Prime Minister should not resign. I say he has only one duty, after what has happened to-day and last week, and that is to resign forthwith.
I thought it was quite the other way. Are we to understand from the hint given by the hon. Member for Bridgeton that the Government do not intend to resign?
I am quite sure the hon. Member for Penistone (Mr. Pringle) has shown to-day that he has a much better foreknowledge of the Government's intentions than I have.
Far be it from me to compete with the hon. Member for Bridgeton either in knowledge of the Government's intentions or in authority over its decisions. I was merely dealing with the hint which he threw out that the Government did not intend to resign. Under these circumstances, we hope the Government will be able, within a reasonable time, to make provision for those who are evicted or threatened with eviction. If they decide to do so, and make an early announcement, they need have no difficulty in carrying reasonable proposals.
I should like to ask the Prime Minister, supposing the Motion to report Progress is either withdrawn or defeated, what business the Government propose to take to-night.
We propose that the business as announced will be proceeded with. The next item is the War Charges (Validity) Money Resolution, and I hope the Committee will get on with it. I understand that that is the only business we want to-night.
Many of us regret that this Bill has been lost, because Clauses 2 and 3 make provision for preventing evictions. I have information from Scotland—from Aberdeen, Dundee and Edinburgh—and in not one of these cities has any eviction taken place of a man who has not been able to pay rent because of unemployment. That is a statement that I make, and I say that the appeals made by those advocating this Bill are exaggerated in every case. If we are united on Clauses 2 and 3, and also in desiring that the unemployed man should be protected, let the Government bring forward a Bill soon. This cannot be left as it is now, and it should be possible to bring in a Bill with which everyone will agree.
Motion, by leave, withdrawn.
Original Question again proposed.
For some reason that I do not understand, it has been held that a Money Resolution is necessary before this Bill is taken in Committee, and I must ask the Committee to listen to a short explanation of what the Bill is. It it not a party matter, and what is at stake is something like £18,500,000 of public money. Unless the Bill, or some such Bill, is passed, the Treasury stand to lose anything up to £18,500,000, and it is necessary, I think all sides will agree, that this Bill should be passed. A number of Amendments to this Money Resolution as it stands have been placed on the Paper, but I would ask the Committee to remember that this is only the first of six or seven stages through which the Bill must go before becoming law, and I should have thought we could have accepted this Resolution without Amendment, because it will be common ground that the Bill ought to be passed, and that the Amendments could be brought forward on one of the subsequent stages. If they are going to be moved to-night, and are not accepted, I should like to know whether they will be moved again on subsequent stages. [HON. MEMBERS: "Yes."]
This Bill arises out of the Defence of the Realm Act. When the War broke out, the House of Commons, I think, unanimously, gave powers of the most sweeping character to the executive Government. Certainly, nobody ever thought of D.O.R.A. as at all niggardly in her embraces. She seemed to embrace every conceivable thing, and under D.O.R.A. the Government and successive Governments acted with very great powers. They prohibited, they commandeered, they ordered, and they issued permits and licences, and at the end of the period, in 1920, the House, to make doubly sure, passed an Indemnity Bill, in the most sweeping terms possible, holding the Government harmless for anything they had done and fixing a term beyond which no claim could be entertained. Nevertheless, although none of those drastic acts of the Government have been impugned or interfered with, and although every one of its prohibitions or commandeerings or permits or anything of that sort has been upheld in the Law Courts whenever questioned, the one thing which was discovered by the ingenuity of the Judges was that the Government, while it might make a universal prohibition, while it might issue such licences and permits as it chose, was doing wrong or something unconstitutional if it accepted any fee or payment for such licences.
8.0 P.M.
After the War, after the Indemnity Act, various people have come to sue the Government, in order, not to reverse the action of the Government or any of its prohibitions or licences, but in order to get back the money that they had paid for those permits or licences of one kind or another. It must be remembered that these permits and prohibitions were not sweeping and universal. It was found to be not necessary and essential that they should be universal, and the Government was appealed to on all hands to allow certain exceptions. In almost every case requests were made that particular individuals should be allowed to do something contrary to the prohibition, to have exceptional privileges, and necessarily these were opportunities of great profit—in some cases, of enormous profit. At any rate, the people who applied for the exemptions requesting these privileges willingly paid the charges that were made. The policy of imposing these charges for such exceptional privileges which were going to make enormous profits for the people obtaining them has constantly received the tacit acceptance of the House of Commons, and it was specifically recommended by the Committee on National Expenditure that the charges should be sufficient entirely to recoup the Government for the privileges which were granted. Nevertheless, when it was found on high judicial authority that the charges could not be lawfully made, in spite of the Defence of the Realm Act and the Indemnity Act, a certain number of individuals—I am glad to say a comparatively small number—who had obtained the privileges, came forward to get back the money they willingly paid to obtain those exceptional privileges. That may be business, but it is a thing that is not usually done. When a man has asked for a privilege, urged the Government to grant it, and made a profit out of it, and then years afterwards comes forward and asks to have his money back and insists upon having it—
The money was not willingly paid.
It was not only willingly paid, but the money was pressed on the Government. Shipowners asked permission to sell their ships to foreign countries, so that they might reap the enormous profits which were to be made. The Government was besieged by shipowners who willingly paid, and now some of these shipowners have come forward and, while retaining their profits, have asked for the money back. We have to deal with the situation. Two judgments have been given against the Grown, and cases are constantly coming before the Courts and will be decided within the next few weeks and months. The Committee has to make up its mind whether the £18,000,000 is going to be validated or not and under what conditions. That is the brief statement of the case. I should like to say that the first of these cases related to the milk charges. I do not want to go into them, but I would like the Committee to hear what was actually said about them. In the first place, judgment was given in the Court of first instance in favour of the Crown, and the Court of Appeal reversed that judgment. When the case had been taken to the House of Lords, and before their judgment had been given, the right hon. Gentleman the Member for Bewdley (Mr. Baldwin), who was then President of the Board of Trade, formally declared, on behalf of the Government of that day, that if the House of Lords decided against the Crown, a Bill would be brought in to reverse that judgment and validate all these charges. That was the policy of the present Leader of the Opposition, and I shall expect to see him supporting the Motion when it goes to the vote. The only discussion that has taken place on this subject has been in another place. A Noble Lord moved that the money should be paid in accordance with the judgment of the House of Lords. The interesting thing is that one of the very Lords who had sat in a judicial capacity as judges in the House of Lords, expressed his opinion in the Debate as to the morality and wisdom of this particular proposal. Lord Buckmaster, who had sat as Speaker, said that this money that was paid was money that the Food Controller could not lawfully compel these people to pay, but he said without the least hesitation that it was money which in honour they were bound to pay. Then he went on to say that it was not the farmer but the middleman who came and asked that the public funds should be depleted for the purpose of paying back the money with respect to which there was no doubt that he had made a considerable profit. The then Lord Chancellor, Lord Birkenhead, said the effect of the decision, unless modified, would be that the distributors concerned would obtain a considerable profit in excess of that earned by their less fortunate competitors in other parts of the country, and he saw no reason why that should be allowed.
I am bound to remind the Committee that the late Government, and the Government before the last Government, introduced a Bill to validate the charges. Such a Bill is not one which it is easy to make progress with; it was always postponed, and the charges were never validated. In the meantime, other judgments began to be given against the Crown. We, on coming into office, took it up in order to protect the Treasury to this extent, and we have been told to-night that we are to have a discussion on all these Amendments and details six times. The position is that the Indemnity Bill, though it covered everything in the most sweeping terms, to the ordinary person's comprehension, and fixed a day beyond which no claims would be entertained, has been held by the highest judicial authority not to cover these particular charges, and consequently I do not at all feel sure with regard even to that date.
But there is a more serious thing to consider. Possibly the suits entered against the Government come to £1,000,000 or so. The majority of the people concerned who paid these charges, relying on the declaration of the right hon. Member for Bewdley (Mr. Baldwin) that all these charges were to be validated, abstained from issuing writs against the Crown. The great majority of the shipowners have abstained from issuing writs, and only a small number have done it. The brewers have not done it, except, I believe, in one case. Therefore, you have one or two people in each of these classes entering cases against the Crown and compelling us to bring in a Bill. If it is suggested that these particular people who have sued the Government should get their money back, their cases being in no way distinguishable from the others, I do not see how we can put the great majority, who have abstained from taking action, relying on the declaration that these charges would be validated, in a, worse position than those who have put in their claims. I suggest now that the Committee should pass this Money Resolution. It will be difficult enough to find time for all the stages of the Bill, and I would ask the Committee to let us have the Money Resolution. It is drafted in the most general terms, and it is hardly right that we should have to discuss the Amendments on this Resolution.
I wish to make the most emphatic protest against the proposals which are embodied in this Resolution, because of the pernicious principle involved, which is no less than asking the Committee, and ultimately the House, to ratify and legalise exactions which have been made in the way of levying taxes without the consent of Parliament. If there be one principle which, in my submission, this House ought rigidly to uphold on all occasions, it is the right of this House to control taxation, a right which has only been gained at the cost of some of the most severe constitutional struggles through which this country has ever passed. If these exactions, which have been made during the last four or five years, are to be legalised by the House, then it is setting a precedent that, in future times, servants of the Crown are to be encouraged to levy exactions without authority, in the hope that afterwards they may come to Parliament and ask that those exactions may be confirmed. If there be any doubt at all as to these exactions levied by the various Departments of the Crown, I will recount to the Committee the words of some of the Judges who decided the cases in which these matters have been discussed. In the first place, there is Lord Wrenbury, who said:
There was one course which, in view of the strong protests of the traders, the Departments of that day through the Government could have taken. They could have taken the course of coming to this House and asking for an Act of Parliament authorising them to levy these imposts. That was the only constitutional course. They knew that these imposts were illegal. It was clearly pointed out to them at the time, but, instead of taking the one constitutional course which was open to the Government Departments, they elected to insist upon payment of these monies by the traders, without due authority. That was simply carrying out the policy of Government by Order in Council which prevailed at that day, and, in my view, the circum- stances in those days, when Government was by Order in Council during the War, the liberties of the people of this country were at a lower ebb than they have ever been since the passing of the Bill of Rights. That is why I consider that this Committee ought not to sanction the payment of monies which were wrested from the people by these illegal means.
In the next place, payment of the moneys under this Resolution would, in certain cases, deprive litigants of their judgments. The President of the Board of Trade has not made clear that the Government of the day, through the Departments, contested every stage of these cases up to and including the House of Lords. Even then, they could have come to the House and asked for the ratification of these imposts, but, still, they did not choose to do it. They still chose to allow the matter to be dealt with by the Courts as a matter of legal right. The matter was argued with great force by the Law Officers of the day, and was decided against the Crown. It is a most unfair course for the Crown to fight a case through all its phases in that way, insisting that the Crown had the right to levy money in this way without the consent of Parliament, and then, being beaten in the highest tribunal of the land, afterwards to ask for the. sanction of these imposts, which have been declared to be absolutely illegal. There is another great objection to these proposals, and it is that they may be described as ex post facto legislation of the most pernicious type. I ask the Committee to consider the statements as to the essentials for ex post facto legislation which ought to be carried out, and this is one declaration: never been legalised by Parliament, and which was a direct infraction of the liberty of the subject embodied in the Bill of Rights. In my submission there is therefore not the foundation, the only real foundation, upon which retrospective legislation is justifiable.
Then a great delay has taken place in this matter. Most of these cases occurred in 1918 and 1919. I ask the Committee to consider the position of those people who will be affected if these proposals are carried. In some of these cases the money has been paid, and in others it has not been paid. Where the money has not been paid consider what is the position of the traders who are called upon to pay these very large demands, and remember the amount involved is stated to be about £18,000,000. Imagine the hardship of them being called upon at the end of five years to pay a huge sum of this kind. In the cases where the money has been paid, then, this Resolution is to authorise the Crown to retain the illicit spoils which have been exacted from the subjects by the servants of the Crown.
Perhaps the hon. Member will allow me to point out that the whole of this money has been paid with the exception of one item.
I am referring to that one item, but I would respectfully draw the attention of the right hon. Gentleman to the fact that it is a large amount. These exactions are of a particularly pernicious kind because they were made under cover of granting licences, and in that respect they have all the essentials of the aids and benevolences of the Stuart days and they are in every way as pernicious as the exactions of the Crown which led to the great civil war. I wish to draw attention to one or two of those points which this Resolution covers. There was a deficiency of. beer in the country in 1918, and accordingly the Food Controller issued licences permitting the brewing of a limited number of additional barrels, and they decided without authority that the brewers should pay 35s. per barrel, and the sum of £1,750,000 was obtained in that way. The result of that, instead of reducing the price of beer, was that this £1,750,000 had to be paid by the consumers. That is an illustration of the action of that Department, by illegal exactions, keep- ing up prices for the consumer which would have been reduced if the licences had been issued without those fees.
Another illustration is the control of hides to members of the tanning trade. The Department made an arrangement with the brokers in April, 1919, by which they had to pay to the Food Controller the difference between the buying and selling price and they exacted £1,500,000 in this way. There, again, the direct result was necessarily to keep up the price of hides, and consequently the price of boots to the people of this country. Is a policy of that kind going to be approved of by the Labour Government, because it is contrary to everything which is included in the ostensible policy of this Government? Then there is another particularly vicious illustration in connection with the imported meat charges. In the autumn of 1919 the Government had a lot of meat on their hands which they desired not to sell at a loss, and in consequence they wished to increase the maximum price of imported meat by 2½d. per 1b. A large number of other importers purchase their meat at low prices and they would have been able to undersell the Government of the day, but the Food Controller, instead of allowing these other people to sell their meat to the consumer at the low price they would have been able to do because they had bought the meat more cheaply, required all private importers of this meat to remit 2d. per lb. to the Ministry. The result of that Order was that the Department exacted from the importers of meat 2d. per lb. to go into the national Exchequer simply because these people would have been able to sell meat more cheaply than the Government could sell it, and thus they were prevented from conferring a benefit on the consumer. The sum received from that source was £300,000.
Then there was a potato licence charge. In 1918–19 there was control of prices and distribution, but certain grower-dealers asked to be allowed to continue using their own channels for distribution. The Department at that time gave privileges to certain of these grower-dealers, and, in my submission, that was a most improper thing to do, because it was differentiating between some of these grower-dealers and others. That was bad enough in itself, but they did not leave the matter there; they charged those people, to whom they gave this privilege, large sums of money for the privilege. In other words, that amounted to the Department giving privileges to certain traders of a class against other traders, and charging them money for those privileges. That was absolutely wrong.
The only other illustration with which I will deal is the question of the transfer of British ships to a foreign flag. It is sought to justify that, in the White Paper issued by the Government, on the ground that, as the ships which were thus sold were old ships, it was right that the shipowners who were selling them should not get so large a profit, because other shipowners, with better ships, were not able to get those profits. I should like, however, to point out to the Committee a very important matter arising on this question which, again, was not mentioned by the right hon. Gentleman. That is that the Department sought to impose restrictions upon these shipowners in two ways. They first of all required that the seller should undertake to replace each ship on the British register by a new ship. That gave the nation every protection that it ought to have, because an old ship was being sold to the foreigner, no doubt for a substantial sum, but there was the imposition upon the seller that he should replace that ship on the British register by a new ship, which would, of course, cost far more per ton than the old vessel, and would give employment to British shipbuilders. The Departments, however, were not content with putting the shipowner back in the position in which he was when he sold the ship, but exacted from him 15 per cent, of the money which he obtained by the sale of his ship to the foreigner. No greater stretch of illegal exaction can, I think, be imagined, because it was clearly not necessary in the national interest; it was merely that these various Departments were trying to recoup in this illegal way the vast expenses of running their Departments; and, in my submission, this Committee should not sanction this form of taxation. I put it to the Committee that there is no difference between these exactions and what would happen if the Government, in the case of their cottages, were ta put lip the rents to their tenants to double the amount that they are authorised to charge under existing legislation, and were then to come to the House of Commons afterwards and ask the House to legalise it, after putting the tenants to endless distress; or, again, if, for instance, the Government made illegal deductions from the wages of Admiralty shipyard workers.
There is no difference between illegal acts of that kind and the acts which it is sought to legalise under the provisions of this Resolution. This Resolution is absolutely wrong in principle. When the Indemnity Act was passed at the end of the War, compensation was given to all those against whom the Government had made exactions which they were not authorised to make, and that ought to be the principle of an Indemnity Bill; but here it is sought to give the Government powers to retain those moneys which were illegally exacted from the subject, and which are in the coffers of the Government at the present time. There is no precedent for Measures of this kind. There is no case in which a Government has illegally wrung money from the subject and then, at a later time, has sought, not merely to protect the servants of the Crown who have exacted those moneys, but to give to the Crown the right to retain the moneys which have been thus illegally levied. This proposal is quite immoral in principle, and I hope the Committee will repudiate it.
I beg to move, after the word "That," to insert the words as I can see—I do not want to put it too high—very little merit indeed in trying to oppose this Resolution, or to oppose the retention of those moneys by the Government. The course of procedure, from the time when it was discovered that a certain number of these transactions were illegal, clearly proves that those who made those payments themselves recognised perfectly well that those payments were quite proper payments, and were, in fact, payments which, whether they were properly sanctioned by Parliament or not, were certainly sanctioned by the good feeling of the people of this country.
Incidentally, I think this Debate has been of considerable advantage to the country. It has, for example, shown us why it is that the right hon. Gentleman occupies the position of President of the Board of Trade. He has said so. It is because he knows nothing, or very little, about business. We understand, therefore, why it is that he is the President of the Board of Trade to-day. Before he proposes to bring in legislation of this type, he might, at least, make himself acquainted with the ordinary constitutional principles of this country and also with the idea which the British public have about the decisions of their Courts. I agree that there is a case for saying that retrospective legislation is, at any rate, of a doubtful character; but when you have a charge of this kind, which has been paid, as I have said, with the sanction of the opinion of most people in this country, and when you find that a large number of people, knowing of the illegality, have taken no steps whatever to get their money back, I think that, so far as they are concerned, you may be assured that they are content with the position as it is, and that if, in fact, the charges that were made were of a character which commended themselves to the people of this country, there is no case for interfering where, in fact, the man himself has not interfered. But that case is quite different where the subject, having discovered the illegality, has invoked the aid of the Courts, as he is entitled to do, and has obtained judgment against the illegal exactions of the Executive. It is merely because of that principle, which I think is vital in the administration of justice, that I have intervened at all in this discussion.
What is the position? One of those who made, or should have made, these payments has obtained a declaration, first of all, through the Court of First Instance. Through the Court of Appeal he has gone to the House of Lords, which hag decided definitely that the payment was illegally required by the Crown and that, for that reason, it ought not to be made. In another case the subject has gone so far as to bring a Petition of Right to judgment in the Court of First Instance. In either case, the position stands that there is a judgment of the Court, a judgment of impartial Judges, giving a definite judgment, on the ground of illegality, against the Crown. I think there is one principle upon which the administration of justice rests, just as much as it rests upon its impartiality. You must have impartiality, you must have certainty, you must have finality, and unless you are going to have those attributes to the administration of justice you are going to create such uncertainty in the administration of justice that no one will be quite certain where he is when he resorts to the Courts, and if Parliament is going to interfere with that certainty, Parliament is setting a precedent of the worst possible kind. I have certainly tried to find precedents, but I know of no precedent for the Legislature, after final judgment has been given as between the subject and the Crown, intervening and declaring that judgment void by which the subject has had his rights declared as against the Crown. That, to my mind, is a vital principle in the administration of justice and one which ought to be safeguarded at all costs. I am not in the slightest degree moved from that position by the fact that these litigants may or may not have merits. I think, so far as the position was concerned as between themselves and the Government, they had no merits at all, but that, after all, is not the consideration. The merits of the particular person have never hindered the establishment of great principles. John Wilkes was a man of very little character and, as far as I know, with very few merits. [ Interruption .] My hon. Friend speaks of some physical attributes of his about which I will say nothing. But he did establish principles which were vital to the institutions and to the liberties of this country, and so I say here perfectly definitely, in the complete absence of merits on the part of those who have been successful in their litigation against the Crown, whatever their position may be, this House would establish one of the worst precedents which could be established, to strike a blow at the liberties of the people of the worst possible character, if legislation of this kind were encouraged or a Resolution of this kind were passed.
I rise to support the Amendment. The only criticism I would make upon it is that I think it scarcely goes far enough, because it seems to me that, if it is fair to make an exception in those cases where judgment has been entered and the matter has been decided, it must be equally fair to allow those cases where proceedings have been begun to proceed to a decision in the Courts, and that those people who have not yet had judgment awarded to them should receive that judgment, which should be acted upon. Neither the House nor, I am sure, the Government seem to realise the grave legal constitutional consequences of the actions they are taking in bringing in this Resolution and the Bill which is to be founded upon it. The Resolution speaks of actions done during the late war, but the actions which are being dealt with were not done during the war except in a technical sense. It is only in a strictly technical sense that you can say most of the charges against? which you are objecting were- during the war. They were really charges imposed mostly in 1919. The Milk Order, the Order in regard to hides, the Shipping Order, the Imported Meat Order, all were in 1919. They were not Measures taken in a pressing emergency and the stress of a great war, when no one would desire to criticise too closely the actions of a Government in difficulties. They were taken after hostilities had ceased, long after the Armistice, and when there was really no excuse that I can see for the Government stretching its pretensions and going the length, in taxing the subject, which has been done in these proceedings.
Is the right hon. Gentleman suggesting that there were no public necessities in 1919 out of which serious commercial advantage could have been made?
The question may be asked, but I do not know that I am called upon to answer it now. Whatever the commercial advantages to be obtained, Government Departments should observe the law and not strain their powers, however desirable it may seem to them to do so. The hon. and learned Gentleman himself pointed out that there was nothing to prevent them coming to Parliament and asking for the necessary powers. I want to read the memorandum which the Government have circulated, Command Paper 2068, in regard to this. They say:
Why are we doing this thing? It may be said that some Bill is necessary to prevent new claims from being raised against the Crown, and from having an unknown series of claims hanging over the Government. I am not sure that the last position can really now be taken up. I speak subject to correction from the Attorney-General, but I presume that future claims are barred by the Act of Indemnity and that there is no reason to fear any fresh claims being put forward by traders or anyone else. I take it that no claims can really arise. If that is not so, a very simply Measure could be brought in to prevent the bringing of undefined and possibly innumerable claims in regard to what was done 10 years ago, but that does not justify the Government in asking for this retrospective legislation. The Financial Secretary to the Treasury and other Members of the Government Front Bench protested last year, and the Attorney-General protested most vigorously, when another Government was bringing in retrospective legislation with which they did not agree. They were right in their protest then against retrospective legislation. Why do they now come to the House with retrospective legislation of a kind which has never been passed before in this country, and which is going to undo matters decided in Court after Court, up to the highest Court, where judgment has been given and where the money has been paid? Why are we asked to undo that, years afterwards?
9.0 P.M.
I do not understand the action of the Government in this matter. Let me take the two cases which have been decided in the Courts. There is the case of the 2d. per gallon on milk and the shipping case. In the case regarding milk, that was decided in the first instance for the Crown. That judgment was upset by the unanimous verdict of the Court of Appeal, and again by the House of Lords. I think the House scarcely realises the importance of the principles involved in the judgments which were given in the Court of Appeal, especially in the dairy case. They are great historic documents, which should be studied by all Members of this House because they go right down to the foundation of our constitution. My hon. Friend the Member for Central Newcastle (Sir R. Aske) quoted from these judgments. I will only quote from one judgment, and it is the remarkable judgment of Lord Justice Atkin, on the constitutional principles and financial procedure of Parliament:
The sanctity of the law is the great safeguard to the subject in this country, and when the Courts have pronounced judgment in terms so clear and emphatic I do not think this House should be asked to set aside the judgments that have been given for the sake of some pecuniary consideration. I think the Government have made a mistake in introducing this Bill, and I want to know why they have done it. They did it without much consideration because, in the first instance, they brought in a Bill without putting down a Money Resolution. The Bill was brought in and no Money Resolution was on the Paper. The Bill was then withdrawn and the Money Resolution has been put down in order that the Bill might be proceeded with.
Is the right hon. Gentleman aware that that procedure was followed by the previous Government?
The previous Government did not proceed with this particular Bill. Had they proceeded with this Bill in the same way, they would have found that they had made a mistake. May I suggest to the hon. Gentleman that in following the procedure of Parliament they should not take a wrong example and imitate it, but they should take a right example and act upon that. They should act upon a good precedent rather than a bad precedent. If it is the case that the late Government introduced their War Charges (Validity) Bill without a Financial Resolution, I can only say that they fell into the same error that the present Government have fallen. That fact shows that the Government do not realise all the implications and the importance of this Bill. These were not war mistakes. They were adopted to keep up prices by the Government of that day. Had the Coalition Government introduced this Bill I could have understood it. They would have been covering up their own misdeeds.
No.
If I am wrong in calling them misdeeds I will say that they would have been covering up matters for which they were responsible. These things were not done during the War, but in 1919, when the Government were swelling with, importance and assuming control in various Departments over the national life and taking upon themselves to guide and to tax the people of this country without the authority of Parliament. This Bill is neither necessary nor expedient. No questions can arise, as they are barred I think by the Act of 1920, but if not that point could be arranged easily. I would ask the Government to let the judgment made by the Court stand and let the cases entered proceed to their decision, and let the Government Department understand that no Minister, however powerful or well intentioned, can be allowed to overstep the law.
I support the Amendment, and I do so mainly for the reasons stated by my hon. and learned Friend. Apart from the merits of this particular question, I do think it is a very objectionable course for the Government to take to override cases which have already gone to trial, and which in one case has gone to the House of Lords. The President of the Board of Trade, I thought, seemed rather peevish about this Bill. He said that there were a lot of stages and a lot of Amendments on the Paper, and he did not seem to like it at all. But the right hon. Gentleman at any rate is responsible for one of the extra stages this evening. He has got a very easy course, so far as this legislation is concerned. That is, if he likes to accept one or two of the Amendments on the Paper the passage of the Measure would probably be made much easier. I was rather surprised that the right hon. Gentleman has brought this in, because I remember him in the last Parliament speaking very strongly against the Government bringing in legislation of this kind. So far as he could he almost flew into a passion, if I remember aright, when he noticed I think the Rent Restrictions (Scotland) Bill, or some extraordinary title of that kind, which, the right hon. Gentleman will remember, was to validate certain previous acts done by certain landlords in Scotland which have been the subject of a good many legal decisions.
The right hon. Gentleman and his party went into the Lobby at the very mention of the words "retrospective legislation" and interfering with the decisions of the Court. Nothing could have been more sacred then to the right hon. Gentleman than the decision, I think, of the Sessions Court in Scotland. Now, when we are dealing with a House of Lords decision, he did not seem to think much of it. May I also recall to the right hon. Gentleman another occasion when perhaps he did not fly into a passion, but he almost wept in the House over the Irish deportees, and when legislation was threatened which he thought would interfere with their rights, the right hon. Gentleman and hon. Members associated with him again went into the Lobby as a protest against such an unconstitutional method, which deprived British subjects of their rights. That is exactly what he is doing to-night. The hon. Member for Bow and Bromley, who is interested in the law, may not know, but there was the case of the Wilts United Dairies, Limited, on which a great deal can be said, in which the Crown actually invited the parties to take the case forward, as one which would be a test case, so that all the other cases should be decided as a result of that, and so far from the methods being adopted which the right hon. Gentleman seems to suggest to-night, as I understand, the parties in this case actually took the opinion of Sir Edward Carson, as he then was, and of the right hon. Gentleman the Member for Spen Valley (Sir J. Simon), and forwarded these opinions to the Department concerned, and said, "These are the opinion of the greatest lawyers of the day. You can see for yourself what you are doing is illegal." Notwithstanding that the case went on, and judgment was finally given against the Crown in the House of Lords.
The President of the Board of Trade referred to the statement which the late Prime Minister made on this matter. I was not aware of it, but I am aware of this, that on the 2nd August, 1922, the Minister of Agriculture, in reply to a question in the House, stated that the Government proposed to accept the decision of the House of Lords as regards the licence fee of 2d. per gallon imposed on milk distribution in the South Western counties, and the charges levied under the Milk Order were consequently exempted from that part of the Bill which was then brought in. Therefore, the right hon. Gentleman is not only, to-night, ignoring a decision of the highest tribunal of the country, but he is not carrying out the pledges of his predecessors, which is a thing which most Governments would do. Although the undertaking was given by a Government with which he was not concerned, I think that it is only right that the undertaking given by one Government should be honourably fulfilled by any Government that followed. As he may be aware, both the Bills introduced into this House accepted the House of Lords decision in relation to milk. Therefore, I think that in this case, apart altogether from the merits, but from the point of view of good government in this country, when a decision of that kind has been obtained it should be respected. Another case was the Brocklebank case. Judgment was obtained in that case also. The Government would be well advised to accept both of those legal decisions. If the right hon. Gentleman took that course, the passage of this Bill might be made much easier. I do not want to stand up on behalf of people who may be called profiteers, or anything of that kind, but there is a very strong case for this Amendment, and the President of the Board of Trade should accept it and. exempt those cases in which judgment has already been delivered against the Crown.
The hon. Member who has just spoken has made out a strong case for the Amendment, as he always does on behalf of any Amendment for which he speaks, but I am not certain that it lies in his mouth to chip the right hon. Gentleman the President of the Board of Trade on the matter of inconsistency. We are told that great minds have nothing to do with consistency, and that may account for the inconsistency which has been shown both by the hon. Member and by the President of the Board of Trade. I had rather looked forward to hearing the Attorney-General deal with this subject. I have a vivid recollection of his observations when the Scottish Rent Bill came before the House of Commons. I remember that he then referred to retrospective legislation in most moving terms. He referred to it as a most dreadful precedent, and, turning from the language of tragedy to that of humour, he said he thought he was witnessing and listening to a scheme from "Alice in Wonderland." The Labour party on that occasion voted in accordance with the observations of the present Attorney-General. They voted to show their abhorrence of retrospective legislation. The hon. Member who has just spoken did not seem quite so keen against retrospective legislation in those days as he seems to be to-day. In those days we were considering the position of the tenant. Now we are considering the position of shipowners and milk companies.
I, at any rate, have maintained a consistent record. I object to retrospective legislation, whether it be suggested against the richest shipowners in the country or the poorest tenants. I object to retrospective legislation on principle, and I maintain that for this House to authorise, after the event, a charge, where the person sought to be charged has litigated the matter up to the House of Lords, has gone to all the expense and has won his case, is nothing short of monstrous and absurd. I do not care whether he is rich or poor. A right hon. Friend has said that we really have not to consider very much future claims. Only to-day there has been given in the Law Courts a judgment which has dealt with cases similar to the Brocklebank case, where the shipowners have sought to get back sums of money. The President of the Board of Trade is not being assisted, for the moment, by the Attorney- General, but I have no doubt that he has discovered that this judgment has been given. The judgment has laid down in perfectly clear terms that all such claims-are now barred by the Indemnity Act. Therefore, you have only to consider the Brocklebank case, a class of intermediate cases which are being governed by the Brocklebank case, which have not gone on, it being understood that the Brocklebank decision should apply to these cases. I do not know how this will be dealt with. You really need to consider further cases.
I submit that it would be a gross injustice to people who have litigated their cases up to the House of Lords, who have successfully and at their own expense had it declared that the charge sought to be made against them was an improper and illegal charge, to pass this retrospective legislation. The situation to-day is very different from the situation as it must have presented itself to this House in the days of Hampden and Wilkes. Then this House resisted successfully the threatened impositions of the Crown. To-day this House may have to stand up for the individual against the Departments. I believe that the necessity for maintaining the right of the individual against the multifarious activities of the Departments is greater than was the need of action in the days of Hampden and Wilkes. Therefore, if it were going to cost a large sum of money I would far rather let this House assert once and for all a definite principle, that we will not do this, and will not have retrospective legislation. I shall oppose this Resolution. I believe it to be wholly bad and unsound in principle. If we accept it we are adopting a penny-wise and pound-foolish principle. I am not seeking to make the slightest party capital against the Government. To use a vulgarism, we are all equally "in the soup."
The introduction of this Bill has always preceded some misfortune. Do not let us forget that this Bill was to have been introduced by the old Coalition Government. It was actually printed. The then Solicitor-General, the right hon. Member for the Exchange Division of Liverpool (Sir Leslie Scott), was to have been responsible for its introduction. But just when it was to have been introduced the Government fell. Then there was the last Government. They took up the matter. I am speaking from recollection, but I believe that the Bill was supported by the Attorney-General and the Solicitor-General of the last Government. They were to have introduced it. The Plymouth speech came just too soon. The Bill was almost the next Bill to be considered. But the Government fell. Now this is the third time. It is a remarkable omen that on the very day when the Government have introduced this Bill they have had this little—I will not call it disaster—but unfortunate episode. I ask the Government, and I can afford to ask them because their record is at least as good as that of any other party on this topic, to stand out in favour of a clear principle. Never mind the pence. There is a very important point of principle at stake. I say to the Government, "You said in the last Parliament that it was wrong to have retrospective legislation. Stick to your guns." This proposal is wrong and bad. Let us say that we will not interfere with rights that have already accrued, that the function of Parliament is to legislate for the future, and not to interfere in the province of the Law Courts, which is to declare what the existing law is.
The last hon. Member seemed to suggest that there is a certain luck in the figure 3. I only hope that he is right, in thinking that the third introduction of this Bill may have the effect of defeating the Government which introduces it. Until that lucky event comes, it would be just as well to try to elicit some information from the Government as to the state of affairs with regard to what have come to be known in the South-West counties as the "milk twopences." As far as I understand it, the position is that the distributors have taken their case right up to the House of Lords, and have got a decision to the effect that the Government had no right to demand this 2d. from them. But so far the case appears to me to be incomplete. No decision has been given as to what could happen to the twopences as between the producer, who actually paid the money, and the distributors, who have had the benefit of the money for so many years. Obviously, in justice, that money belongs to the farmers who produced the milk, but it seems very probable that the distributors are going to get the benefit and to be allowed to keep the money. That is quite indefensible, because they are the one party to this transaction who can have no possible claim to the money.
Then there is the possibility that if and when this money, illegally taken from the producers of milk, comes to be refunded to them, they may then be called upon to pay Income Tax and other taxes on that money. I only hope that that proves to be an incorrect rumour, because when that money has already been provided by the producers it is most unjust to suggest that when it is returned to them they should be called upon to treat it as income. The last hon. Member who spoke prided himself on his great consistency in that he always opposes the type of Bill to which this Money Resolution refers. For my part I never could see any special virtue in consistency. I like to approach every problem as far as possible on the merits of the case, and that, to my mind, is quite sufficient justification for on one occasion opposing and on another occasion supporting legislation which has retrospective tendencies. My whole purpose in rising this evening is to try to elicit some information from the Government as to the fate of those milk twopences and to urge upon the Government that the justice of the case can be met, but can only be met, by those twopences being returned eventually to the producers of milk from whom they were illegally extracted, and that when they are returned they should be returned free of any form of further taxation.
The House will recognise that I cannot deal to-night either with the purely legal side of this problem or with the very large constitutional issue which is involved. There is not the least doubt that there is an important Treasury aspect which it is my duty to bring out as clearly and simply as I possibly can. The Amendment is directed to secure the exclusion of the two undertakings which have obtained judgment against the Crown from the general operation of this Clause. Before I come to that, I may be permitted to say a word or two of a general character on this problem as a whole. As my right hon. Friend pointed out, very large powers were conferred on the Food Controller during the War, and, in particular, there grew up the enormous system of licences which is embodied in Memoranda submitted to Members of the House in connection with this discussion to-night. Some time later questions were raised as to whether there was power to impose a charge of that kind, and in due course in the highest tribunal of the land, on what appeared to me to be a highly constitutional technicality, judgment was given against the Crown. That was the situation in the Wilts United Dairies case. I do not propose to deal with that at any greater length to-night, because it seems simply to determine a constitutional point on which I should think we are all agreed. The practical purpose before the Committee is whether we are perpetrating any injustice in bringing forward a Financial Resolution of this description to be followed by a Bill, which will remedy this practice of the Food Controller during the War. The purpose of the hon. Members who have promoted this Amendment is, first of all, to make an attack with which I dare say all of us agree, on retrospective legislation, and, in the second place, to argue that it is our duty to exclude from this Financial Resolution, and from the Bill, the two undertakings which have obtained judgment against the Crown.
Take the second point first, let me tell the House shortly the nature of the two cases we are discussing. In the Wilts case, there was a difficulty during the War in the sale of milk in the South Western area on the one hand and the Yorkshire area on the other, and there was this difference of 2d. per gallon in the price due1 to the lower cost of production in the South West area and the higher cost of production in Yorkshire. The Wilts United Dairy Company got a judgment. No one has suggested that there was any particular merit in that case which would entitle the company to treatment different from the treatment which was meted out to all other classes of people interested in the production and distribution of milk during the time that this Order was in force. They have not pleaded the merits of the case. Of course, it is perfectly plain that they could hardly plead any merits of this case at all, because the truth is that this is not a concern which affects the farmer. If a provisional promise were given by a former Minister of Agriculture in this House, to the effect that something would be done in the interests of the people affected, there is not the least doubt that he had in mind the farmers in that part of the country. But it is perfectly plain now that the people who are really meant are the middlemen and the distributors, and, if any concession is going to be given at all by way of excluding them from the operation of this Resolution and the Bill, the benefit given under that concession will not innure to the farmer but simply to the middleman who, I am advised, made a very considerable profit during the time this Regulation was in force. There can be nothing on the merits of the case as regards that dairy company. Moreover, I am advised that for all practical purposes it is of the nature of a combine, a trust of companies, which, as far as we know, are well able to pay the charge and which should pay the charge.
I recall these facts because it seems to me important to keep them clearly in mind. The truth is, no doubt, that a former Minister of Agriculture did indicate a concession, but I think we are entitled to-night to found ourselves on a very clear statement by the Prime Minister in the last Government to the effect—and this happened while this case was pending on appeal, and when we were still waiting the final judgment—that, in the event of the judgment going against the Crown in this case, it was the intention of the late Government to introduce legislation which would validate all charges of this kind.
That makes it worse.
There is no doubt he meant to include every and any charge. There was no discrimination. It was a perfectly clear and general statement covering the whole issue.
Would the hon. Gentleman tell us if there is no possibility whatever of the producers, the farmers, getting these twopences back?
They did not pay this twopence. As far as I can see, I can point to no remedy which they are going to enjoy, even if an Amendment of this kind were carried. In the other case, the Brocklebank Shipping Company case, an action was brought against the Crown for the recovery of a sum of about £35,000, in respect of the sale of ships to a foreign Crown. I invite any hon. Member, who has any doubt or hesitation in his mind, to look through all the correspondence and discussion which has taken place on this matter in shipping circles, and I think he will find the burden of opinion in shipping circles against the judgment in that case.
The hon. Member is quite wrong. Shipping circles are in favour of that judgment.
I hesitate to detain the Committee at great length, but I assure the hon. Member there is abundant evidence in support of the contrary view. That is the position of the two cases which are under discussion in this Amendment. The real criticism which we have to meet in promoting this legislation is that regarding its retrospective character. Hon. Members quite rightly drew attention to certain principles which have been laid down by, I think, the Prime Minister among others, as to the circumstances which should obtain before retrospective legislation is introduced. Let me say at once that nobody on this bench goes back in any shape or form on what he has said in the past regarding retrospective legislation. We all detest retrospective legislation, and we all recognise that it is a very dangerous thing for a Government to embark upon. But we have also to recognise that there may be circumstances and there have been circumstances in which retrospective legislation is justified. The question, broadly, is whether in the circumstances before us there is a case for retrospective legislation, and I submit to the Committee that on all the facts of this situation we can make out a case for such a proposal. In the first place, if this Amendment succeeds, even excluding any consideration of the Indemnity Act to which reference has been made, it would mean, if it ran throughout the whole sphere of operations, that in the long run on an extreme view, a sum of 18½ million pounds would be involved. But apart altogether from that consideration there is no doubt whatever that during the time these charges were in force they were accepted by the overwhelming majority of the people who were affected by them. The hon. Member for Central Newcastle (Sir E. Aske) spoke about money being wrung out of these people in the shape of the charges imposed under these Orders, but he altogether ignored the facts that these Orders conferred benefits upon large numbers of people, that they were required by the circumstances of the War through which we were passing, and that the people themselves in the great majority of cases made no complaint at all, but, on the contrary, made considerable profits. The real question before us now is whether we are to give a benefit to two undertakings, one of which saw fit to bring an action against the Crown, and the other of which was affected by that action, whereas in point of fact the great majority of undertakings recognised and accepted the situation, always believed they would never have a claim for repayment, and never thought of litigation at all.
Will the hon. Gentleman be kind enough to tell the Committee whether he has any figures indicating what amount is involved on the assumption that the Indemnity Act debars all future claims? He fixes it about 18½ millions. Is that taking into account the fact of the Indemnity Act barring future claims?
Will he also tell us the number of actions which are now pending?
That is contained in detail in a Command Paper, but the exact number I do not carry in my mind. I was making the general point that this situation was accepted by the overwhelming majority of the people affected. Suppose you give a preference to the few people affected by these judgments, the only effect will be to give them an advantage as against all the others. It would be a preference which I believe would be unjust not only on the merits of their cases, but also from the point of view of the general practice during the time these Orders were in force. I submit we have made a case—however difficult it may be—for retrospective legislation in this matter because there is not the least doubt by the action which we are taking in this Bill, we place the cases on a uniform basis; they are all on one footing, and we do not draw any distinction between people who brought actions or were affected by actions, and the overwhelming majority who knew exactly what the practice was and who never dreamt of bringing any litigation at all.
I only propose to detain the Committee for a very short time, as this important matter has already been exhaustively dealt with by previous speakers. I oppose the Resolution not in the interests of rich shipowners, but on behalf of the small farmers in my constituency. Reference has been made to middlemen making great profits, but I wish to direct attention to the case of a dairying society in my constituency, a society of small farmers, which is in liquidation and which has been refused permission to wind up because they are not allowed to disburse this money held in hand in order to meet the demand of the Government. The Financial Secretary to the Treasury seems to consider that this is not a matter affecting farmers, but in this case it directly affects farmers. It was also stated that no protest had been made against these charges. I remember attending a very large meeting of farmers directly after this charge was imposed, and going with a deputation to the Minister of Food when very strong representations and protests were made against this tax. Not only was this tax objected to, on the ground that it was unfair, but this society in my constituency also took exception to it on grounds that they did not sell milk. The milk was delivered to the dairy, the cream was extracted, and the milk was returned to the farmer, and it seems that they should have been exempted from the tax. They feel very strongly that if the case has been decided in a Court of Law, it would be an iniquitous thing that the Government should strive to get over the effects of such a decision by bringing in legislation. We shall never have any finality to anything if such a course is pursued as is proposed in this case. They also feel that, after the pledge given by the Ministry of Agriculture in the last Government, it is very unfair now that the tax should be imposed on them. I will not repeat the arguments which have been adduced as to the undesirability of retrospective legislation. I do trust the right hon. Gentleman will see his way at least to exempt the farmers from this tax, which is a most oppressive one on them.
I do not pretend to know much about this Bill, but I have been struck by the general views that have emerged from the arguments which have been offered. The first thing that occurs to me is, there is a vast distinction between this Bill and a mere Indemnity Bill. An Indemnity Bill is one that leaves the indemnity standing but shifts the burden on to another shoulder. This is a Bill that would make legal what was originally illegal. We had in the last Parliament a very exciting and interesting Debate on the Increase of Rents Bill, and my friends the Labour Members were more eloquent than usual on the dangers of retrospective legislation. We were told then that it was a bad habit, that what the Tory Government were then doing would be found convenient for the next Government to do after them; and the event is justified by the prophecy. The present Prime Minister, I think, then gave the House the benefit of a highly forcible and, indeed, original argument. He said that retrospective legislation is never justified unless the unfairness of allowing the law to stand is so marked that there would be no division in the House. Well, judging from the speeches to-night, that if that test is applied, then out of the Prime Minister's own mouth the Government condemn their own Bill.
I have been thinking while my hon. Friend the Member for the Hartlepools (Mr. Jowitt) was giving us his very clear speech, what really is the ground upon which we should embark on retrospective legislation on this occasion when such anathemas were hurled against it on the occasion of the Increase of Rents Bill. Let us compare the two cases. What was the position in the case of Increase of Rents Bill? Certain tenants had paid rent when they thought it was due but when, in fact, legally it was not due. My Friend the then Attorney-General came into the House and said: Well you know those who pay the rent really thought it was due, and therefore they suffer no loss in having to part with what in their own mind they really thought they should part with. The House did not quite accept that. But there landlords and laymen were dealing with a recent and very difficult Act of Parliament, and the mistake they made was in failing to serve a, notice putting an end to the tenancy before they served a notice to increase the rent. That failure was due not to any neglect or ignorance on their part, but to bad draftsmanship on the part of persons who prepared the Bill in Parliament. Now, if then my Friends on these benches who now are responsible for this Bill, came to the conclusion there was no justification for the landlord receiving this rent that had been illegally paid through a technicality, because the mistake was made through bad draftsmanship, what do they say now when the position is this: the money that here either is sought to be recovered by the Crown or otherwise is thought to be held by the Crown, having been already received, is money that was obtained under licence that was wholly illegal; and that illegality was due, not to bad draftsmanship, not to a, difficult Act of Parliament, but through a departure from one of the fundamental constitutional principles on which this country has existed for 300 years that found its birth in the Bill of Rights?
I am told that we are retrospecting to set things right at the expense of those who have paid Ministers of the Crown who have passed from that constitutional practice which cost Charles I his head and James II his crown—[ Interruption .] I have listened in vain to the speech of the last speaker to find justification for this. He said, "Oh, the Milk Order was all right. The Shipping Order was ail right. They were meritoriously just." I do not know whether they were or not, but it is perfectly certain that they were grossly illegal and constitutionally wrong. I suppose when Charles I said he wanted to get ship money there was a great deal to be said on its merits. I suppose he said: "I am very hard up. I have got a Labour Government in Parliament who will do nothing for me. After all, money has been collected at the ports before my time. It only was a question of formality of passing through Parliament. I will do it myself." I daresay he had a meritorious case, but was that considered any justification in that period? And is it now to be put forward that because something might be said for getting 2d. a gallon on milk and something else on the transfer of ships, this retrospective legislation is right? No, it is grossly illegal. Though Parliament was sitting all the time and each of these Departments could have come to Parliament and could have formally asked Parliament to do that formally which they did illegally, and neglected to do it, though they were armed with all the weapons of that prolific lady D.O.R.A.—if I may use the mixed metaphor—they never took advantage of her fecundity to set these matters right. But when, some years afterwards, some daring person chooses to go before the Court and to say: "Were the Ministers-right in doing this thing?" and the Court says: "No, totally wrong," then they come to Parliament and say: "Oh, Parliament, you know we were all wrong, thoroughly wrong, but we had a very meritorious case, and will you now be good enough to say that what we did wrongly was really done rightly and that the poor devils who parted with their money in a way that could not be justified in a Court of Justice must do without their money." For these reasons, I shall certainly vote against this Bill.
May I ask the Financial Secretary to the Treasury if he really has no figure in his mind as to the amount that is at stake, on the assumption that no fresh claims can now be entered?
I rise to ask the Committee to be good enough to remember that it is extremely difficult, on a Money Resolution, to deal with any Amendments of the kind placed on the Paper. The Amendments are all put down because it is anticipated that the Bill which will be founded on the Resolution will contain certain Clauses to which objection is taken. That is an intelligent attitude and may not be far wrong, but surely it depends on the wording of the Clauses of the Bill how far the Amendments now being moved have any validity at all, and, what is much more relevant, it makes it impossible for the representative of the Government to say that he can accept these Amendments as now put forward, because we must ask to see the Amendments drafted to the Clauses as they stand in the Bill. In regard to the questions about retrospective legislation, there are such matters as cases which have been held back to follow particular cases, and there are various other points of that kind in regard to which we cannot come;, to any opinion as to the scope of the Amendments on the Money Resolution.
Would it not be very easy to indicate on this Resolution whether the Government are prepared to consider such Amendments?
10.0 P.M.
I was only explaining why it was not possible to accept any Amendments on this Resolution. Two points have been talked about—namely, what is called retrospective legislation and the milk charge. When we talk about retro- spective legislation, we are using large words, covering very high principles, on what may be quite an unimportant matter. This is not a case in which Parliament has laid down any law or principle which has been proved invalid. Parliament thought it was validating these charges, and they were constantly referred to during the years in which they were in operation in Parliament, and nobody assumed that they were invalid. As a matter of fact, the Select Committee on National Expenditure during that time thought the charges should be made adequate and not merely nominal charges, and it was assumed by everybody that the charges were valid. Consequently, there is no question of the Courts giving judgment against the validity of all the charges. I should like to point out that before any of these cases were actually settled the Government gave most express notice to the effect that this legislation would be brought forward. On 9th March, 1922, the hon. Member for Wood Green (Mr. G. Locker-Lampson) asked the President of the Board of Trade, who was then the right hon. Member for Bewdley (Mr. Baldwin), what he was going to do, and the right hon. Gentleman replied:
"In the case to which my hon. Friend refers, the decision of the Court of first instance was to the effect that the Crown is entitled to recover certain moneys claimed to 'be due from the Wilts United Dairies, Limited, in respect of charges made by the Ministry of Food on licences to export milk from one area to another. This decision has been reversed by the Court of Appeal, and an appeal to the House of Lords has been lodged. If judgment be given by the House of Lords against the Crown, the Government will bring in a Bill to legalise their procedure in cases of this nature during the period of control."—[OFFICIAL REPORT, 9th March, 1922; cols. 1488–9, Vol. 151.]
That was the decision of the Government in March, 1922, and that gave notice to everybody that a Bill would be introduced to carry out the intentions of Parliament and validate these charges. We feel obliged to carry out that declaration, and, when the Bill is brought forward, I am prepared to say that any Amendments put down to it will have to be considered. I am not in a position to-night—I cannot answer for the Treasury, as hon. Members know—to give a pledge on any of these Amendments, and I can only ask the Committee to let us have this Resolution. [HON. MEMBERS: "NO."] Hon. Members will do as1 they like, but the Resolution does not say that there is going to be any particular retrospective legislation, and if the Committee votes against this Resolution it will not mean that they are going to negative retrospective legislation. They will declare—they cannot help it—by voting against the Resolution that no such Bill shall be passed, because the Resolution does not say anything about retrospective legislation. It does not say anything about the milk charges. It only asks the Committee to bring in a Bill for validating those charges without specifying the charges. Our business in the protection of the Treasury is to bring this before the Committee, and I ask the Committee to let us have the Resolution to-night, and I will undertake at a later stage, when the Bill is introduced, that Amendments will be put down to separate some of these claims from the bulk of the cases. You cannot state now the exact line which you are to draw to separate the cases. In Command Paper 2100 will be found a list of cases, and I find, on adding them up, that they come to something like £1,000,000. I want to warn the Committee that you cannot separate all those cases in which suits have been brought from all the cases in which suits have not been brought.
I want to ask the right hon. Gentleman whether we are to understand that if we vote for the Money Resolution, or if the Money Resolution is carried in its widest form and put upon the Paper, that does not commit the House to the Bill in its widest form; that is to say, the Amendments put down to the Money Resolution will be moved in Committee and will receive full consideration from the Government if the Bill goes into Committee, so that it is really unnecessary, possibly, to move Amendments at this stage if they have no further meaning. That is exactly the position. The Money Resolution in its present form certainly does not commit the Committee to the Bill which would cover everything in the Money Resolution, even when the Bill is brought in, the Committee is not in the least committed to the Bill in that form.
Question put, "That those words be there inserted."
The Committee divided: Ayes, 83; Noes, 270.
Division No. 51. ]] AYES. [ 10.12 p.m. Ainsworth, Captain Charles Harris, John (Hackney, North) Raffan, P. W. Allen, R. Wilberforce (Leicester, S.) Harris, Percy A. Raffety, F. W. Alstead, R. Hartington, Marquess of Ramage, Captain Cecil Beresford Barclay, R. Noton Harvey, T. E. (Dewsbury) Rankin, James S. Barrie, Sir Charles Coupar (Banff) Hindle, F. Rathbone, Hugh R. Bonwick, A. Hogbin, Henry Cairns Rawson, Alfred Cooper Bramsdon, Sir Thomas Hogge, James Myles Rea, W. Russell Brown, A. E. (Warwick, Rugby) Hore-Belisha, Major Leslie Remnant, Sir James Burnie, Major J. (Bootle) Howard, Hon. G. (Bedford, Luton) Roberts, Samuel (Hereford, Hereford) Calne, Gordon Hall Jones, Henry Haydn (Merioneth) Robertson, T. A. Cayzer, Maj. Sir Herbt. R. (Prtsmth.S.) Jones, Rt. Hon. Leif (Camborne) Spencer, H. H. (Bradford, S.) Chapple, Dr. William A. Jowitt, W. A. (The Hartlepools) Starmer, Sir Charles Comyns-Carr, A. S. Kay, Sir R. Newbald Stranger, Innes Harold Cory, Sir Clifford Kedward, R. M. Sunlight, J. Darbishire, Charles W. Keens, T. Tattersall, J. L. Davies, Ellis (Denbigh, Denbigh) Laverack, F. J. Thomas, Sir Robert John (Anglesey) Dodds, S. R. Lessing, E. Thompson, Piers G. (Torquay) Doyle, Sir N. Grattan Linfield, F. C. Thornton, Maxwell R. Dudgeon, Major C. R. McCrae, Sir George Waddington, R. Dunn, J. Freeman Macfadyen, E. Williams, Maj. A. S. (Kent, Sevenoaks) England, Colonel A. Mansel, Sir Courtenay Willison, H. Erskine, James Malcolm Montelth Martin, F. (Aberd'n & Kinc'dine, E.) Winfrey, Sir Richard Falle, Major Sir Bertram Godfray Masterman, Rt. Hon. C. F. G. Wise, Sir Fredric Franklin, L. B. Meller, R. J. Wood, Sir H. K. (Woolwich, West) George, Major G. L. (Pembroke) Moulton, Major Fletcher Woodwark, Lieut.-Colonel G. G. Gilbert, James Daniel Murrell, Frank Gorman, William Pattinson, S. (Horncastle) TELLERS FOR THE AYES. —Mr. Harney and Sir Robert Aske.—Mr. Harney and Sir Robert Aske. Gould, James C. (Cardiff, Central) Phillipps, Vivian Gray, Frank (Oxford) Pringle, W. M. R.
NOES. Adamson, Rt. Hon. William Compton, Joseph Hall, G. H. (Merthyr Tydvil) Adamson, W. M. (Staff., Cannock) Conway, Sir W. Martin Hamilton, Sir R. (Orkney & Shetland) Alexander, A. V. (Sheffield, Hillsbro') Costello, L. W. J. Harbord, Arthur Amery, Rt. Hon. Leopold C. M.S. Cove, W. G. Hardie, George D. Attlee, Major Clement R. Cowan, D. M. (Scottish Universities) Harland, A. Ayles, w. H. Cowan, Sir Wm. Henry (Islington, N.) Harmsworth, Hon. E. C. (Kent) Baker, W. J. Crittall, V. G. Hartshorn, Rt. Hon. Vernon Baldwin, Rt. Hon. Stanley Dalkeith, Earl of Harvey, C. M. B. (Aberd'n & Kincardne) Balfour, George (Hampstead) Davies, Evan (Ebbw Vale) Hastings, Sir Patrick Banton, G. Davies, Maj. Geo. F. (Somerset, Yeovil) Hastings, Somerville (Reading) Barnes, A. Davies, Rhys John (Westhoughton) Haycock, A. W. Barnston, Major Sir Harry Davison, J. E. (Smethwick) Hayday, Arthur Batey, Joseph Deans, Richard Storry Hayes, John Henry (Edge Hill) Becker, Harry Dickson, T. Henderson, A. (Cardiff, South) Beckett, Sir Gervase Dixey, A. C. Henderson, T. (Glasgow) Benn, Sir A. S. (Plymouth, Drake) Dukes, C. Henderson, W. W. (Middlesex, Enfid.) Benn, Captain Wedgwood (Leith) Duncan, C. Hennessy. Major J. R. G. Betterton, Henry B. Dunnico, H. Herbert, Capt. Sidney (Scarborough) Bird, Sir R. B. (Wolverhampton, W.) Eden, Captain Anthony Hirst, G. H. Birkett, W. N. Edmondson, Major A. J. Hodge, Lieut.-Col. J. P. (Preston) Black, J. W. Edwards, C. (Monmouth, Bedwellty) Hodges, Frank Blades, Sir George Rowland Egan, W. H. Hogg, Rt. Hon. Sir D. (St. Marylebone) Bowater, Sir T. Vansittart Elveden, Viscount Hood, Sir Joseph Bridgeman, Rt. Hon. William Clive Eyres-Monsell, Com. Rt. Hon. B. M. Hope, Rt. Hon. J. F. (Sheffield, C.) Brittain, Sir Harry Falconer, J. Horlick, Lieut.-Colonel J. N. Broad, F. A. Ferguson, H. Home, Sir R. S. (Glasgow, Hillhead) Brown, James (Ayr and Bute) Foot, Isaac Howard, Hn. D. (Cumberland, Northrn.) Buchanan, G. Gardner, B. W. (West Ham, Upton) Hudson, J. H. Buckingham, Sir H. Gates, Percy Hughes, Collingwood Buckle, J. George, Rt. Hon. David Lloyd Iliffe, Sir Edward M. Bull, Rt. Hon. Sir William James Gibbs, Col. Rt. Hon. George Abraham Inskip, Sir Thomas Walker H. Bullock, Captain M. Gillett, George M. Isaacs, G. A. Burman, J. B. Gilmour, Colonel Rt. Hon. Sir John Jackson, R. F. (Ipswich) Burney, Lieut.-Com. Charles D. Gosling, Harry Jenkins, W. (Glamorgan, Neath) Butt, Sir Alfred Gould, Frederick (Somerset, Frome) Jewson, Dorothea Cassels, J. D. Graham, W. (Edinburgh, Central) John, William (Rhondda, West) Cayzer, Sir C. (Chester, City) Greene, W. P. Crawford Jones. J. J. (West Ham, Silvertown) Chamberlain, Rt. Hon. N. (Ladywood) Greenall, T. Jones, Morgan (Caerphilly) Charleton, H, C. Greenwood, A. (Nelson and Colne) Jones, T. I. Mardy (Pontypridd) Church, Major A. G. Grenfell, D. R. (Glamorgan) Jowett, Rt. Hon. F. W. (Bradford, E.) Clarke, A. Groves, T. Joynson-Hicks, Rt. Hon. Sir William Clayton, G. C. Grundy, T. W. Kennedy, T. Climie, R. Guest, J. (York, Hemsworth) Kenworthy, Lt.-Com. Hon. Joseph M. Cluse, W. S. Guest, Dr. L. Haden (Southwark, N.) Kenyon, Barnet Clynes, Rt. Hon. John R. Hacking, Captain Douglas H. King, Captain Henry Douglas Cobb, Sir Cyril Hall, Lieut.-Col Sir F. (Dulwich) Kirkwood, D. Lamb, J. Q. Perry, S. F. Stewart, J. (St. Rollox) Lane-Fox, George R. Pethick-Lawrence, F. W. Sturrock, J. Leng Lansbury, George Ponsonby, Arthur Sullivan, J. Law, A. Potts, John S. Sutton, J. E. Lawrence, Susan (East Ham, North) Pownall, Lieut.-Colonel Assheton Thomas, Rt. Hon. James H. (Derby) Lawson, John James Purcell, A. A. Thomson, Trevelyan (Middlesbro. W.] Leach, W. Ralne, W. Tillett, Benjamin Lee, F. Raynes, W. R. Titchfield, Major the Marquess of Lindley, F. W. Rees, Sir Beddoe Toole, J. Lorimer, H. D. Remer, J. R. Tout, W. J. Loverseed, J. F. Rendall, A. Trevelyan, Rt. Hon. C. P. Lowth, T. Rentoul, G. S. Turner, Ben Lumley, L. R. Richards, R. Turner-Samuels, M. Lunn, William Richardson, Lt.-Col. Sir P. (Chertsey) Variey, Frank B. MacDonald, Rt. Hon. J. R. (Aberavon) Richardson, R. (Houghton-le-Spring) Viant, S. P. M'Entee, V. L. Ritson, J. Wallhead, Richard C. Mackinder, W. Roberts, Rt. Hon. F. O. (W. Bromwich) Walsh, Rt. Hon. Stephen McLean, Major A. Robertson, J. (Lanark, Bothwell) Warne, G. H. Maclean, Nell (Glasgow, Govan) Romeril, H. G. Watson, W. M. (Dunfermilne) Maitland, Sir Arthur D. Steel- Ropner, Major L. Watts-Morgan, Lt.-Col. D. (Rhondda) Makins, Brigadier-General E. Rose, Frank H. Webb, Rt. Hon. Sidney March, S. Roundell, Colonel R. F. Wedgwood, Col. Rt. Hon. Josiah C. Marley, James Royce, William Stapleton Weir, L. M. Martin, W. H. (Dumbarton) Russell, Alexander West (Tynemouth) Wells, S. R. Maxton, James Samuel, A. M. (Surrey, Farnham) Welsh, J. C. Middleton, G. Scott, Sir Leslie (Liverp'l, Exchange) Westwood, J. Mitchell, W. F. (Saffron Walden) Scrymgeour, E. Wheatley, Rt. Hon. J. Mitchell, Sir W. Lane (Streatham) Scurr, John Wheler, Lieut.-Col. Granville C. H. Morden, Colonel Walter Grant Sexton, James Whiteley, W. Morrison, R. C. (Tottenham, N.) Shaw, Rt. Hon. Thomas (Preston) Williams, David (Swansea, E.) Murray, Robert Shepperson, E. W. Williams, Lt.-Col. T.S.B. (Kenningtn.) Naylor, T. E. Sherwood, George Henry Williams, T. (York, Don Valley) Newman, Sir R. H. S. D. L. (Exeter) Shinwell, Emanuel Wilson, C. H. (Sheffield, Attercliffe) Nicholson, O. (Westminster) Short, Alfred (Wednesbury) Wilson, Col. M. J. (Richmond) Nixon, H. Simon, E. D. (Manchester, Withington) Wilson, R. J. (Jarrow) O'Grady, Captain James Sitch, Charles H. Windsor, Walter Oliver, George Harold Smillie, Robert Windsor-Clive, Lieut.-Colonel George Paling, W. Smith, Ben (Bermondsey, Rotherhithe) Wintringham, Margaret Palmer, E. T. Smith, T. (Pontefract) Wood, Major M. M. (Aberdeen, C.) Parkinson, John Allen (Wigan) Snail, Harry Wragg, Herbert Pease, William Edwin Snowden, Rt. Hon. Philip Wright, W. Pennefather, Sir John Spence, R. Yerburgh, Major Robert D. T. Penny, Frederick George Spero, Dr. G. E. Young, Andrew (Glasgow, Partick) Perkins, Colonel E. K. Stamford, T. W. Perring, William George Stephen, Campbell TELLERS FOR THE NOES. —Mr. Frederick Hall and Mr. Spoor.—Mr. Frederick Hall and Mr. Spoor.
I beg to move, after the word "commodities," to insert the words "other than milk."
I would like to explain to the Committee why it is that I move this Amendment. I have just had the privilege of recording my vote in favour of the Government in the Division which has just taken place, and I say quite frankly that, on the general principle of this Money Resolution, I find myself in agreement with the policy which is outlined by the Government. I cannot, however, accept a Resolution which will depart from pledges given by two preceding Governments, and which will reverse the decision given by the ultimate Court of Appeal, namely, the House of Lords. The position with regard to these charges is as follows: During the War the Government of the day, acting no doubt in perfectly good faith, but perhaps under the stress which we were all labouring under at that time, exceeded their powers in certain directions by demanding payments which were not authorised by Parliament. It was not necessary, of course, for the people of whom the payments were asked to make the payments; they could have refused and paid nothing. It was worth their while to make the payments in order to obtain the advantages which those payments ensured. Take, for instance, the case of the ships—and I only take that as an instance. The value of the ships under a foreign flag, after the Armistice, was infinitely higher than the value of a ship under the British flag, because of the freedom from requisition which being under the foreign flag entailed; and, accordingly, the Government of the day said that, as a condition of consenting to the transfer, they would ask for a share of the extra value which was thereby obtained by the shipowner. It was, in fact, ensuring that the profiteers of the day should forfeit some of their gains.
When, however, we come to the position of the milk companies, it is somewhat different. What happened with regard to milk was this: There was a Regulation which limited the price which was to be paid for milk, and there was a provision that, where the milk companies wished to purchase milk in the western counties of England, where it was most plentiful, they should, as a condition of obtaining a licence to purchase such milk, pay a sum of twopence, I think it was, for every gallon, to the Food Controller of the day for the privilege of purchasing milk there. That was a Regulation which, in fact, the Food Controller had no right to impose. After the Armistice and after the Treaty of Peace, the Government of the day sought to obtain from some of the milk companies the twopences which they had insisted upon as the price of these licences, and the milk companies resisted that claim. In fact, as the Courts have held, they were quite right in resisting the claim. It was one which there was no legal right to enforce. Accordingly, being brought into Court, the milk companies succeeded in the Court of Appeal, and afterwards in the House of Lords, in establishing that the information brought by His Majesty's Government was unfounded, that the claim was ultra vires , and that they could not be made to pay these moneys.
That was a litigation which, as any Members of this House who have ever been unfortunate enough to engage in litigation with the Crown will easily understand, was a very expensive business. Fighting the Crown through three Courts up to the House of Lords is no light matter. In fact, the litigation was fought out to the Lords, the appeal to the Lords being by the Crown, and the litigation being instigated originally by the Crown; and ultimately the milk companies won. What happened upon that was this: The Government of the day expressly stated—it was the Coalition Government—that they were going to bring in a War Charges (Validity) Bill which would legalise the charges which had been exacted without Parliamentary authority. But they went on to say, and I think they were quite right in doing so, that in a case in which the subject had already fought the question up to the Lords at his own risk and expense and had succeeded in the ultimate Court of Appeal, it was only right and fair and in accordance with the recognised principles of our jurisprudence that you should not reverse the decision of the Lords in that case, and that the subject should be entitled to retain the advantage which he had gained. Accordingly, the Government of the day expressly pledged themselves, so far as they could, that in introducing the War Charges Bill no attempt would be made to interfere with the decision of the House of Lords with regard to milk.
After that, the Coalition Government fell and the Conservative Government took its place, and we were asked at quite an early stage in our career what was to be our policy with regard to these war charges. We adopted and reiterated the pledge which had been given by our predecessors, that, while we were going to bring in legislation to legalise these charges, we would not interfere with the decision of the House of Lords in the milk case. On the strength of this assurance by two successive Governments, none of the other milk producers troubled to bring actions to recover the twopences which they had paid, and people generally relied upon the assurance which had been given. I should regard myself as failing in my duty if, after I had been a party to such a pledge as that, I were in the House now to register my vote in favour of a Resolution which broke those pledges and which enabled the Government to reverse the decision of the House of Lords, although two successive Governments had said they would do nothing of the kind. The position of these milk producers—[An HON. MEMBER: "What about the consumers?"] The consumers will neither be benefited nor damnified by the decision, because there is no provision that the twopences go back to them. The point I am seeking to make—I think the majority of the Committee appreciate it—is that with regard to milk there is an essential difference as compared with any other commodity in that first of all a decision of the House of Lords was obtained in favour of the milk purchasers' charges in the proceedings which have been fought and which established the illegality of the charges, and, secondly, that the Government of the day and its successor after that decision had been obtained gave an express promise that in any legislation which was introduced milk would be exempted for that reason. It is not fair that merely because there has been a change of Government there should be a departure from this pledge, and that this Committee should now be asked, with regard to this decision of the House of Lords, to authorise legislation which would destroy the effect of the judgment, and indeed reverse it. The President of the Board of Trade read out a statement made in March, 1922, in which it was stated that if the House of Lords affirmed the Court of Appeal, legislation would be introduced.
To legalise the charges.
To legalise the charges, dealing of course with War charges generally.
With milk in particular.
I do not think the reference, could have been to milk in particular.
The right hon. Member for Bewdley stated, after reciting the case of the Wilts United Dairies, Limited, in respect of charges on licences to export milk from one area to another, said:
"This decision has been reversed by the Court of Appeal and an appeal to the House of Lords has been lodged. If judgment is given by the House of Lords against the Crown, the Government will bring in a Bill to legalise their procedure in cases of this nature during the period of control."
What is the date of that?
9th March, 1922.
Although I cannot delve into the mind of the right hon. Gentleman who made that statement, I think that "charges of this nature" could not have meant the specific charges which were the subject of litigation. If they did, it only emphasises my point, because it shows that although the Government had that opinion after the decision in the Court of Appeal, when the decision of the House of Lords was arrived at they realised how unjust it would be to give effect to such a proposition as that, and they deliberately and expressly stated that milk would be exempted from the charges that were to be legalised. At the date on which the President of the Board of Trade says the statement was made, the Committee will realise that the expense, first of all of fighting the original action, and then of going up to the Court of Appeal and fighting there had already been in- curred by these unfortunate milk purchasers who had had these illegal claims made against them.
Therefore, obviously, it would be unjust to say that, because they had won in the Court of Appeal, and had successfully beaten the Crown, they were to be penalised and to lose all the expense to which they had been put, and all their trouble was to be for nothing, although the advice on which they acted was right, merely by arbitrary retrospective legislation by this House reversing a decision of the competent courts. Their position is entirely different from that of any other person or any other body of persons with regard to whom any unauthorised War charges were made. Take, for example, the shipowners. I only use them as an illustration. They did not institute their petition of right until after the decision in the House of Lords had been arrived at, and after the Government had expressly stated that legislation to validate these charges would be brought in. They therefore took their own risk, and it would not be fair that they should by doing so gain an advantage over those other people who, relying on the statement as to the Government's intention, did not initiate legal proceedings.
May I refer to one point which was made with regard to the amount involved if the Indemnity Act limitations had been insisted upon? No responsible Law Officer could advise the Government of the day to insist on the. Indemnity Act limitations in the circumstances, and for this reason, that the Government in 1922, when the decision was arrived at in the House of Lords, expressly said to all the people upon whom these charges had been levied, "Do not bring action, because we are going to legislate to validate the exactions. Therefore it is useless waste of money for you to start proceedings." On the faith of that, almost everybody who had claims, with the exception of the shipowners, refrained from bringing actions, and I think it would be a gross abuse of the power of the Crown if, after inducing people not to bring actions by assuring them that legislation was intended, they then turned round to them and said, "It is true the House of Commons has not initiated any legislation, but because you refrained from bringing your action, upon our request, therefore, you are now out of time and we bar your action." I do not/ think that is an attitude which any Government would care to adopt, and, therefore, as far as the Indemnity Act is concerned, I doubt whether it is a very effective bar, although my hon. and learned Friend the Attorney-General will express his view later.
With regard to milk, it stands in a totally different position. The amount involved is not very large, but there is a gross abuse of the whole principle of legislation involved in reversing by legislative act a judicial decision of the supreme tribunal of the country. [HON. MEMBERS: "You did it!"] Hon. Gentlemen opposite say that we did that. They are wrong. I think they are referring to Kerr v . Bryde Bill. If they refer to that they will see that we did nothing of the kind. We did not interfere with the decision of the House of Lords in Kerr v . Bryde up to that period when it was given. We only interfered as from a date two months later, whereas in this case what the Government seek to do is to reverse an actual decision in the very ease in which it was given, and thereby take away from the successful litigant the judgment which he has obtained. I think that is a procedure which will not commend itself to Members of any party in this House who are jealous of the liberties of the subject, and I think it is only right that these people should have the pledges, given to them by two Successive Governments, given effect to, and their judgments retained. I know that the President of the Board of Trade may say that if we pass the Resolution we can afterwards move Amendments to the Bill. That, with great respect, does not meet my point. It is easy to put in these words "other than milk." It is neither difficult nor complicated. If we put in these, then the Committee declares at this stage that it will give effect to the promises which have been given, and that it will not lend itself to the introduction of a Bill which does not give effect to these pledges. I would remind the right hon. Gentleman that when he did bring in his War Charges Validity Bill not a month ago, he did not give the exemption to milk which the previous Governments promised. Therefore he cannot be surprised if we do not regard with very much satisfaction any mere promises that they are giving the matter their consideration. They must have considered it before they brought in the Bill, because by this Bill they were deliberately omitting the provision which was in our Bill which exempted milk. Having deliberately made up their minds in spite of the decision of the House of Lords and of the promises of the Governments which preceded them that they were going to get this money back, I ask the Committee to give effect to those pledges, and to insure that this judgment shall not be disturbed, and that milk purchasers shall have the right which they were promised.
I rise to make an appeal on this subject. [HON. MEMBERS: "Speak up!"] If hon. Members would only observe a little silence in the House, they would hear me better. The right hon. Gentleman who has just sat down declared with great eloquence that this Resolution departed from the pledges of previous Governments, and was overriding the decision of the highest tribunal, and so on. The Resolution does nothing of the sort. The Resolution in Ways and Means quite properly does not bring in any of these questions. It does not say that it is going to validate the charges on milk or the charges on leather or on hides. It does not say that is going to reverse the decision of the highest tribunal, but you cannot consider how you are to deal with these matters except in precise terms in the words of a Bill when it is drawn. The right hon. Gentleman asked the Committee to insert after "commodities" the words "other than milk." If that were done, other hon. Members could press for the insertion of the words "other than leather" or "other than glycerine," and so on. Is that the way in which we can carry on business? Surely, this Money Resolution is only intended and understood to give in general terms authority for the principle of the Bill. There is nothing in the Resolution which in any way prevents an Amendment being put down by the right hon. Gentleman when the Bill is before us. It is not merely a matter of form, but a matter of substance for which I am asking. I do not see how it is possible to consider the warrant for exempting milk until we see the words actually in print. We have here an instance of how dangerous it is to rely on the Amend- ment of a Money Resolution rather than to wait for the Committee stages of a Bill, on which an Amendment can be properly drafted and considered.
With regard to the merits of the case, all I can say is that this charge on milk is supposed to be a charge, illegal as it turned out, upon the blameless and innocent farmers, for whom there is so much sympathy expressed. This has been accepted by innocent Members, representing rural constituencies, in the belief that, somehow, something will be paid back for the benefit of the farmers in their constituencies. As a matter of fact, the sum in question was collected, not from the farmers, but from the distributors, the middlemen, the combine, as we call it, some years ago. Even supposing that the Government had to repay that amount, they could not, by any manner of means, repay it to the individual farmers. The Government collected the money from the distributors in lump sums, and they cannot tell how much was contributed by individual farmers. Nor can the combine tell how much was due to individual farmers. It could be repaid by the Government only to the persons who paid the Government, and in no case are they the farmers.
It has been said that there is something sacred in the pledges of two previous Governments. I rather agree. There is a great deal to be said for one Government carrying on the affirmation of another Government, in so far as the interests of individuals are concerned and in so far as it is not a question of a great reversal of policy. In answer to a question in March, 1922, as to what the Government was going to do, it was laid down that the Government would bring in a Bill to legalise their procedure during the period of Control. We have to carry out that decision of the Government. It is that decision we are bound to put before the House. The reason why possibly the late Government thought it right to give way on milk was because that was the only case of that kind where judgment had been given against the Crown. Judgment has now been given against the Crown in another case. There is one case already, the Brocklebank shipbuilding case opening up quite a new street.
That judgment is a judgment of the court of first instance, and is under appeal. The difference is that the other is a judgment of the High Court.
The milk company was warned not to take it to the House of Lords because the Government was to bring in a Bill to legalise their procedure.
The milk company did not take it to the House of Lords. It was the Crown that took it to the House of Lords.
I own up. I made a mistake. I want to ask the Committee to do these things in due order and due time, and I submit that we should not have an Amendment of this kind on the Money Resolution. The Money Resolution does not prejudge the question. It only asserts that the Bill will validate certain procedure. It is quite fair to say that the Bill will involve the validation of the milk judgment. I suggest that you ought not to amend the Money Resolution on that point. You cannot consider what the Amendment amounts to till you see it properly drafted as an Amendment to a Clause. When the Bill comes into Committee put down your Amendment. One must not make speeches of this kind affecting money. It is for the decision of the Treasury. I ask the Committee now to let us have this Resolution and I ask the right hon. Gentleman to withdraw his Amendment. He will have to have it over again.
I venture to say that this is a proper Parliamentary opportunity for taking an objection to the course which the Government has adopted to-night. I want to remind the right hon. Gentleman that after the case had been in the House of Lords a very definite pledge was given by the Minister of Agriculture. On the 2nd August, 1922, in reply to a question in the House, he stated that the Government proposed to accept the decision of the House of Lords as regarded licences of 2d. per gallon imposed on milk distributors in the South Western counties. Therefore, I think, when the first pledge has been quoted, it should be pointed out that the final pledge which the Government gave after the case had been in the House of Lords is the pledge that should be carried out by the present Government, and certainly the parties in the case will not be getting justice unless this is done. I would remind the President of the Board of Trade that this particular case was a test case, and as agreed upon between the Government and the parties at the time it was specially chosen for decision by the Law Courts of this country. Before that was done, the parties actually sent to the Government the opinion of two distinguished counsel. They took the opinions of Lord Carson, then Sir Edward Carson, and I think of the right hon. and learned Gentlemen the Member for Spen Valley (Sir J. Simon). The parties pointed out to the Government that in the opinion of these distinguished counsel the proceedings which the Food Controller at that time was taking were—as they were advised—wholly illegal. Notwithstanding these two opinions, the Government chose
to go on and impose these particular charges. Therefore it cannot be said the Government were without warning or that the parties would not do everything they possibly could to notify them of these opinions which had been received. It was only after that step was taken that the proceedings were commenced. I observe that the defences raised to the action were—
rose in his place, and claimed to move , "That Question be now put."
Question, "That Question be now put," put, and agreed to.
Question put, accordingly, "That those words be inserted."
The Committee divided: Ayes, 207; Noes, 170.
Division No. 52. ]] AYES. [ 11.4 p.m. Ainsworth, Captain Charles Doyle, Sir N. Grattan Joynson-Hicks, Rt. Hon. Sir William Allen, R. Wilberforce (Leicester, S.) Dudgeon, Major C. R. Kay, Sir R. Newbald Alstead, R. Dunn, J. Freeman Kedward, R. M. Amery, Rt. Hon. Leopold C. M. S. Eden, Captain Anthony Keens, T. Aske, Sir Robert William Edmondson, Major A. J. Kenyon. Barnet Atholl, Duchess of Elveden, Viscount Kindersley, Major G. M. Baldwin, Rt. Hon. Stanley England, Colonel A. King, Captain Henry Douglas Balfour, George (Hampstead) Eyres-Monsell, Com. Rt. Hon. B. M. Lamb, J. Q. Barclay, R. Noton Falle, Major Sir Bertram Godfray Lambert, Rt. Hon. George Becker, Harry Ferguson, H. Lane-Fox, George R. Beckett, Sir Gervase Fletcher, Lieut.-Com. R. T. H. Laverack, F. J. Berkeley, Captain Reginald Foot, Isaac Leigh, Sir John (Clapham) Bird, Sir R. B. (Wolverhampton, W.) Forestier-Walker, L. Lessing, E. Black, J. W. Franklin, L. B. Linfield, F. C. Blades, Sir George Rowland Gates, Percy Lorimer, H. D. Bonwick, A. Gaunt, Rear-Admiral Sir Guy R. Loverseed, J. F. Bridgeman, Rt. Hon. William Clive George, Rt. Hon. David Lloyd Lumley, L. R. Briscoe, Captain Richard George George, Major G. L. (Pembroke) McCrae, Sir George Brittain, Sir Harry Gibbs, Col. Rt. Hon. George Abraham Macfadyen, E. Brown, A. E. (Warwick, Rugby) Gilbert, James Daniel McLean, Major A. Buckingham, Sir H. Gilmour, Colonel Rt. Hon. Sir John Macnaghten, Hon. Sir Malcolm Bull, Rt. Hon. Sir William James Gorman, William Maitland, Sir Arthur D. Steel. Bullock, Captain M. Gray, Frank (Oxford) Makins, Brigadier-General E. Burman, J. B. Greene, W. P. Crawford Mansel, Sir Courtenay Burney, Lieut.-Com. Charles D. Hacking, Captain Douglas H. Masterman, Rt. Hon. C. F. G. Burnie, Major J. (Bootle) Hall, Lieut.-Col. Sir F. (Dulwich) Meller, R. J. Butt, Sir Alfred Hamilton, Sir R. (Orkney & Shetland) Millar, J. D. Calne, Gordon Hall Harland, A. Mitchell, W. F. (Saffron Walden) Campion, Lieut.-Colonel W. R. Harmsworth, Hon. E. C. (Kent) Mitchell, Sir W. Lane (Streatham) Cassels, J. D. Harney, E. A. Moore-Brabazon, Lieut.-Col. J. T. C. Cayzer, Sir C. (Chester, City) Harris, John (Hackney, North) Morse, W. E. Cayzer, Maj. Sir Herbt. R. (Prtsmth. S.) Hartington, Marquess of Moulton, Major Fletcher Chamberlain, Rt. Hon. N.(Lady wood) Harvey, C. M. B. (Aberd'n & Kincardne) Murrell, Frank Chapple, Dr. William A. Harvey, T. E. (Dewsbury) Newton, Sir D. G. C. (Cambridge) Clayton, G. C. Hennessy, Major J. R. G. Nicholson, O. (Westminster) Cobb, Sir Cyril Herbert, Capt. Sidney (Scarborough) Owen, Major G. Cockerill, Brigadier-General G. K. Hindle, F. Pattinson, S. (Horncastle) Comyns-Carr, A. S. Hobhouse, A. L. Pennefather, Sir John Conway, Sir W. Martin Hogbin, Henry Cairns Penny, Frederick George Cope, Major William Hogg, Rt. Hon. Sir D. (St. Marylebone) Perkins, Colonel E. K. Cory, Sir Clifford Hood, Sir Joseph Perring, William George Courthope, Lieut.-Col. George L. Hope, Rt. Hon. J. F. (Sheffield, C.) Phillipps, Vivian Cowan, D. M. (Scottish Universities) Hore-Belisha, Major Leslie Pownall, Lieut.-Colonel Assheton Cowan, Sir Wm. Henry (Islington, N.) Horlick, Lieut.-Colonel J. N. Pringle, W. M. R. Crooke, J. Smedley (Derltend) Horne, Sir R. S. (Glasgow, Hillhead) Raffan, P. W. Cunliffe, Joseph Herbert Howard, Hn. D.(Cumberland, Northrn.) Raine, W. Curzon, Captain Viscount Howard, Hon. G. (Bedford, Luton) Ramage, Captain Cecil Beresford Dalkeith, Earl of Hughes, Collingwood Rankin, James S. Darblshire, C. W. Huntingfield, Lord Rathbone, Hugh H. Davies, Maj. Geo. F. (Somerset, Yeovil) Iliffe. Sir Edward M. Rawson, Alfred Cooper Davison, Sir W. H. (Kensington, S.) Jenkins, W. A. (Brecon and Radnor) Rees, Sir Beddoe Deans, Richard Storry Jones, Henry Haydn (Merioneth) Remer, J. R. Dixey, A. C. Jones, Rt. Hon. Leif (Camborne) Remnant, Sir James Dodds, S. R. Jowitt, W. A. (The Hartlepools) Rhys, Hon. C. A. U. Richardson, Lt.-Col. Sir P. (Chertsey) Starmer, Sir Charles Wells, S. R. Roberts, Samuel (Hereford, Hereford) Stranger, Innes Harold Wheler, Lieut.-Col. Granville C. H. Robertson, T. A. Stuart, Hon. J. (Moray and Nairn) White, H. G. (Birkenhead, E.) Robinson, W. E. (Burslem) Sunlight, J. Williams, Maj. A. S. (Kent, Sevenoaks) Ropner, Major L. Sykes, Major-Gen. Sir Frederick H. Willison, H. Roundell, Colonel R. F. Tattersall, J. L. Wilson, Col. M. J. (Richmond) Rudkin, Lieut.-Colonel C. M. C. Terrington, Lady Windsor-Clive, Lieut.-Colonel George Russell, Alexander West (Tynemouth) Thomas, Sir Robert John (Anglesey) Winfrey, Sir Richard Samuel, A M. (Surrey, Farnham) Thompson, Piers G. (Torquay) Wintringham, Margaret Scott, Sir Leslie (Liverp'l, Exchange) Thornton, Maxwell R. Wise, Sir Fredric Seely,Rt.Hn.Maj.-Gen.J.E.B.(l.of W.) Titchfield, Major the Marquess of Woodwark, Lieut.-Colonel G. G. Shepperson, E. W. Vaughan-Morgan, Col. K. P. Wragg, Herbert Simpson, J. Hope Waddington, R. Yerburgh, Major Robert D. T. Somerville, A. A. (Windsor) Ward, G. (Leicester, Bosworth) Spencer, H. H. (Bradford, S.) Warrender, Sir Victor TELLERS FOR THE AYES. —Sir Thomas Inskip and Sir Kingsley Wood.—Sir Thomas Inskip and Sir Kingsley Wood. Spero, Dr. G. E. Webb, Lieut.-Col. Sir H. (Cardiff, E.)
NOES. Adamson, Rt. Hon. William Hayes, John Henry (Edge Hill) Richards, R. Adamson, W. M. (Staff., Cannock) Henderson, A. (Cardiff, South) Richardson, R. (Houghton-le-Spring) Alexander, A. V. (Sheffield, Hillsbro') Henderson, T. (Glasgow) Ritson, J. Ammon, Charles George Henderson, W. W. (Middlesex, Enfid.) Roberts, Rt. Hon. F. O. (W. Bromwich) Attlee, Major Clement R. Hirst, G. H. Robertson, J. (Lanark, Bothwell) Ayles, W. H. Hodge, Lieut.-Col. J. P. (Preston) Romeril, H. G. Baker, W. J. Hodges, Frank Royce, William Stapleton Banton, G. Hudson, J. H. Scrymgeour, E. Barnes, A. Isaacs, G. A. Scurr, John Batey, Joseph Jackson, R. F. (Ipswich) Sexton, James Benn, Sir A. S. (Plymouth, Drake) Jenkins, W. (Glamorgan, Neath) Shaw, Rt. Hon. Thomas (Preston) Bentinck, Lord Henry Cavendish. Jewson, Dorothea Short, Alfred (Wednesbury) Birkett, W. N. John, William (Rhondda, West) Simon, E. D.(Manchester,Withington) Broad, F. A. Johnstone, Harcourt (Willesden, East) Sitch, Charles H. Brown, James (Ayr and Bute) Jones J. J. (West Ham, Silvertown) Smillie, Robert Buchanan, G. Jones, Morgan (Caerphilly) Smith, Ben (Bermondsey, Rotherhithe) Buxton, Rt. Hon. Noel Jones, T. I. Mardy (Pontypridd) Smith, T. (Pontefract) Charieton, H. C. Jowett, Rt. Hon. F.W. (Bradford, E.) Shell, Harry Church, Major A. G. Kennedy, T. Snowden, Rt. Hon. Philip Clarke, A. Kirkwood, D. Spence, R. Climie, R. Lansbury, George Stamford, T. W. Cluse, W. S. Law, A. Stephen, Campbell Clynes, Rt. Hon. John R. Lawrence, Susan (East Ham, North) Stewart, J. (St. Rollox) Compton, Joseph Lawson, John James Sturrock, J. Leng Costello, L. W. J. Leach, W. Sullivan, J. Cove, W. G. Lee, F. Sutton, J. E. Crittall, V. G. Lindley, F.W. Thomas, Rt. Hon. James H. (Derby) Davies, Evan (Ebbw Vale) Livingstone, A. M. Tillett, Benjamin Davies, Rhys John (Westhoughton) Lowth, T. Toole, J. Davison, J. E. (Smethwick) Lunn, William Tout, W. J. Dickson, T. MacDonald, Rt. Hon. J.R.(Aberavon) Trevelyan, Rt. Hon. C. P. Dukes, C. M'Entee, V. L. Turner, Ben Duncan, C. Mackinder, W. Turner-Samuels, M. Dunnico, H. Maclean, Neil (Glasgow, Govan) Varley, Frank B. Edwards, C. (Monmouth, Bedwellty) March, S. Viant, S. P. Egan, W. H. Marley, James Walsh, Rt. Hon. Stephen Falconer, J. Martin. F. (Aberd'n & Kinc'dine, E.) Warne, G. H. Gardner, B. W. (West Ham, Upton) Martin, W. H. (Dumbarton) Watson, W. M. (Dunfermline) Gardner, J. P. (Hammersmith, North) Maxton, James Watts-Morgan, Lt.-Col. D. (Rhondda) Gillett, George M. Middleton, G. 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, W. (Edinburgh, Central) Murray, Robert Westwood, J. Greenall, T. Naylor, T. E. Wheatley, Rt. Hon. J. Greenwood, A. (Nelson and Colne) Newman, sir B. H. S. D. L. (Exeter) Whiteley, W. Grenfell, D. R. (Glamorgan) Nixon, H. Williams, David (Swansea, E.) Groves, T. O'Grady, Captain James Williams, Lt.-Col. T.S.B. (Kenningtn.) Grundy, T. W. Oliver, George Harold Williams, T. (York, Don Valley) Guest, J. (York, Hemsworth) Paling, W. Wilson, C. H. (Sheffield, Attercliffe) Guest, Dr. L. Haden (Southwark, N.) Palmer, E. T. Wilson, R. J. (Jarrow) Hall, G. H. (Merthyr Tydvil) Parkinson, John Allen (Wigan) Windsor, Walter Harbord, Arthur Perry, S. F. Wood, Major M. M. (Aberdeen, C.) Hardie, George D. Pethick-Lawrence, F. W. Wright, W. Hartshorn, Rt. Hon. Vernon Ponsonby, Arthur Young, Andrew (Glasgow, Partick) Hastings, Sir Patrick Potts, John S. Hastings, Somerville (Reading) Purcell, A. A. TELLERS FOR THE NOES. —Mr. Spoor and Mr. Frederick Hall.—Mr. Spoor and Mr. Frederick Hall. Haycock, A. W. Raynes, W. R. Hayday, Arthur Rendall, A.
claimed , "That the Main Question, as amended, be now put."
Main Question, as amended, put accordingly, and agreed to.
Resolved,
"That it is expedient to give legal validity to the imposition and levying of certain charges which during the late war certain Government departments, purport- ing to act in the execution of duties imposed or in pursuance of powers conferred by the Defence of the Realm Regulations or otherwise, imposed by way of payments required to be made either on, or in connection with, the grant of licences or permits issued, or purporting to be issued, in pursuance of the said powers, or in connection with the control of supplies or of the prices of certain commodities other than milk or for services rendered."
Resolution to be reported To-morrow.
Committee to sit again To-morrow.
Prevention of Eviction Bill
Read a Second time, and committed to a Standing Committee.
Performing Animals Bill
Read a Second time, and committed to a Standing Committee.
The remaining Orders were read and postponed .
Air Service Dispute
Motion made, and Question proposed, "That this House do now adjourn."—[ Mr. F. Hall .]
I rise to bring to the notice of this House the dispute between the Imperial Airways, Limited, a company which is subsidised by the British Government, and its employés, in the shape of airmen, air mechanics, riggers, craftsmen, and labourers. As one who has taken a rather keen interest in flying, and, on occasions, flown across to the other side and back, I have always felt that civil aviation would need all the co-operation and actual sympathy between not only Parliament and the country, but between the representatives of the combine and its workpeople. According to an agreement, entered into by the previous Government, in December, 1923, with the British, Foreign and Colonial Corporation, giving a 10 years' monopoly, there was the following Clause: and not a single flight has been taken, owing to the fact that not a single airman has been re-engaged, and the lower grades of groundsmen have also been stood over for the period ending 31st March. I do not know whether we are in order in saying that the agreement is cancelled or otherwise. It was understood that the company would pay to their workmen rates that prevailed by other employers in a similar industry. These men were in receipt of salaries varying from £500 to £550, with ten shillings per hour flying time. An intimation was made to them that the company was to pay them £100 a year and twopence a mile for the distance flown. This was an attempt to force them into the air, not only at the risk of their lives, but at the risk of the lives of the passengers. All these privileges are being taken away. I have flown with them, and the old arrangement, which was good enough for them, was also good enough for me. But I will think now before flying again.
These are the risks run by these men after ten years' flying experience. Finally, they were able to come to an arrangement at certain wages, and are now brought under management that has been responsible, during their regime, for four fatal flying accidents across the Channel. Since the departure of that management not a single accident has taken place on that line, but since 1920 until 1924 21 pilots out of 37 have been killed. This will give some idea of the alarm at this management, because it is dangerous to their lives and to the lives of the community which may use these airways. We have two directors upon this management. The Air Ministry has been approached and so has the Minister of Labour, but the latter Minister feels he cannot call them together without infringing some rules of etiquette in the Air Ministry, and therefore this Ministry can do nothing. Not a single machine has flown since the end of last week, and foreign machines are now using he grounds at Croydon to the detriment of our service. I want to say frankly that these men, who have given long years of service, feel that they ought to come under a safe and sound management and a just one, and they feel they will not get these advantages under the present management. Secondly, the air mechanics who fly with these men have to fly at a rate of £2 19s. 6d. a week, and no additional rate. The Super-marine Company are flying their men across Channel to Guernsey at £3 a week minimum wage, and if they go half the journey and have to come back, not a penny of remuneration. Can it be wondered at that the civil air force of this country is not carried on in a proper way? We have nothing to fear in civil aviation. Given co-operation and moral support, this country could have the finest civil aviation in the world. The men are here. They have the spunk and the guts in them. They have the ability, but it will never remain with them unless they get that hearty sympathy and co-operation that are essential to the development of the service.
I regret very much the hon. Member gave me no notice or warning of his intention to discuss this matter on the Adjournment. Therefore, I am not in a position to make any new statement regarding this unhappy dispute. It is the fact that the Air Ministry is not the employer of the people concerned in the dispute. True, we are to have two directors on the new company, but they have not yet taken their seats and are not to do so until the allotment has been made. The Secretary of State for Air and I have interviewed both sides to this dispute, and not being directly concerned, we have to take a neutral attitude. We could not very well do otherwise. We have offered to both sides our good offices for the furtherance of a settlement. We are as deeply concerned that a settlement should be reached as anyone could be. That offer so far does not seem to have been accepted because we have not heard directly from either side with regard to the dispute. The Air Ministry is very anxious to secure this settlement, and I repeat the offer of the Ministry of its services as mediator. Should that offer be accepted we shall utilise whatever chance presents itself to us for a settlement.
Is the Under-Secretary prepared to exercise the powers under the Sir Samuel Hoare agreement which compel them to commence operations on 1st April, and is it the fact that they have not yet taken over the control or bought out the existing company?
I am not clear that the company has broken as yet any part of the agreement upon which the company has come into existence. Should that be the case, it may well be that the Ministry will take steps in the matter.
I have only a minute, but I do ask that something should be done in order to bring together the two parties in this dispute. It is so important, not only from the point of view of the country, but from that of civil aviation as a whole, that this dispute should be settled. I am very diffident in speaking, because I have already said in the House that I view not entirely in sympathy with the principle of operation by a company on a monopoly basis. There are, however, two points on which matters could be very much improved. One is with regard to the constitution of the Board of the company. There is no doubt that the company has not at present got anybody on the board who has flown a great deal in the air and is, therefore, in sympathy with the employés, whether pilots or air mechanics, of the company itself. The second point is that they have had a considerable time—it may have been too short, but it has been a considerable time—in which to arrange these matters, and it seems unfortunate, to say the least of it, that the matter has not been brought to the pilots' notice until the eleventh hour, when it should have been arranged and everything should have been cut and dried, to continue the service on 1st April, which was the date appointed. I have no more time in which to develop those two lines, but I hope the matter can and will speedily be settled, to the advantage of the county as a whole.
It being half-past Eleven of the Clock, Mr. Speaker adjourned the House without Question put, pursuant to the Standing Order .