Skip to main content

Commons Chamber

Volume 232: debated on Monday 18 November 1929

House of Commons

Monday, November 18, 1929

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

Oral Answers to Questions

India

Small-Pox, Aden (Prosecution)

asked the Secretary of State for India whether his attention has been called to the sentence of three months' rigorous imprisonment passed on an Arab, Salem Mohamed Yaseen, at Aden, for concealing cases of small-pox; for what reason the Resident ordered the man's release after he had served five weeks of his sentence; whether he is aware that the objection of the Arabs and others in Aden to the notification of small-pox was due to the fact that the so-called contagious diseases hospital is a collection of huts several miles distant, that patients have to be carried on litters by human beings through the burning sun and with dust blown into mouths and eyes by the hot winds, and that subsequently it was decided that the penalty for breaches of the small-pox order should be a fine not exceeding 50 rupees; and whether he will make inquiries into the case of Salem Mohamed Yaseen, in view of the indignation of a large part of the Moslem community in Aden and district at the treat- ment he and others received at the hands of the medical officials during the recent small-pox scare at Aden?

I have received communications on this subject from the Anti-Vaccination League, but have no other knowledge of the facts alleged. I have seen, however, a Report by the Public Health Commissioner with the Government of India on the outbreak of small-pox at Aden which assumed menacing proportions in March last, and in view of the very serious situation with which the authorities were faced, mainly through concealment of cases, I should not feel justified in questioning the measures they found necessary to deal with it.

Arrests and Prosecutions

asked the Secretary of State for India how long the cases against certain persons accused of complicity in a serious crime at Lahore and of other persons accused of seduction and conspiracy at Meerut have been before the magistrate's court at each place; and whether he has any information showing when a decision is anticipated?

The preliminary inquiries into these two cases opened respectively before the magistrate at Lahore on 10th July and before the magistrate at Meerut on 12th June. At Meerut it is anticipated that the magistrate will be in a position to pass orders on the case by the second week in December. I cannot say anything as to Lahore.

When the right hon. Gentleman speaks of a preliminary inquiry he refers to the magisterial inquiry, and I take it that there will be no further inquiry before the case goes for trial, assuming that it is committed for trial?

I assume that, if a case is found against these people, they will be committed for trial.

asked the Secretary of State for India whether he is aware that Syt. V. S. Dandekar, assistant secretary of the United Provinces Congress Committee, has been sentenced to 18 months' rigorous imprisonment and a fine of Rs.250 under Section 124A of the Indian Penal Code; and the nature of the offence with which he was charged?

Mr. Dandekar was sentenced as stated in respect of a speech delivered by him at the youth conference in the Mainpuri District on the 10th June last.

asked the Secretary of State for India under what Act or regulation a sentence of two years' rigorous imprisonment and a fine of Rs. 200 has been passed on Ghazi Abdur Rahman, president of the Amritsar Congress Committee; and whether this man was proved guilty of any incitement to violence?

Mr. Rahman was convicted of an offence under Section 124A of the Indian Penal Code in respect of a speech at a meeting held to congratulate Bhagat Singh and Dutt on their conviction in the Assembly bomb case.

asked the Secretary of State for India the nature of the charges under which Syt. Madduri Annapurniah, editor of Congress, has been sentenced in Rajahmundry to two years' rigorous imprisonment and a fine of Rs.500 under Section 124 of the Indian Penal Code, and to one year's rigorous imprisonment under Section 153 of the Indian Penal Code?

Mr. Annapurniah was charged under Sections 124A and 153A of the Indian Penal Code in respect of an article published in "Congress" entitled "A Thunderbolt of Fire."

Has not my right hon. Friend any recollection of similar attempts being made with regard to investigations in Ireland?

No, but in reply to that question, I have not seen the article of Mr. Annapurniah, and I believe it is possible that it deals with communal differences and not with political matters at all.

Was the attempt to suppress the "Skibbereen Eagle" successful?

How many sentences of two years would you have had if the same regulations were in force here?

asked the Secretary of State for India whether his attention has been drawn to the arrest, under Section 124A of the Indian Penal Code, of the president and secretary of the Provincial Congress Committee in Bengal and other prominent leaders of the Indian National Congress; whether there is any charge against these Indian leaders of acts of violence or incitement to violence; and whether he will take steps to stop such prosecutions?

In the first part of his question my hon. Friend correctly states the facts; regarding the second part it is alleged that in the procession in which the accused participated there were incitements to armed revolution. As regards the third part I would refer my hon. Friend to the answer given on the nth November to my hon. Friend the Member for East Leyton (Mr. Brockway).

Can my right hon. Friend say whether, when he says in his statement that there were incitements, it is only on the authority of the officials in India, or whether it is on the authority of both sides?

asked the Secretary of State for India the number of persons under trial or in prison arrested or convicted under Section 124A of the Indian Penal Code?

I have asked the Government of India by telegram to supply the information desired by my hon. and gallant Friend and will communicate with him as soon as I receive their reply.

asked the Secretary of State for India how many prosecutions have taken place in India for political offences during the last three months and how many convictions resulted?

I would refer the hon. Member to the reply which I gave on Monday last to the hon. and gallant Member for Southern Derbyshire (Major Pole) of which I am sending him a copy.

Beitish Army (Indian Officers)

asked the Secretary of State for India how many Indian officers have been trained, since the inauguration of the present scheme, for commissions in His Majesty's Army; how many such gentlemen are at present under training in this country; whether a training college or colleges, exists in India for the training of Indian officers for His Majesty's Army; and, if not, whether it is proposed to establish such a college?

If my hon. and gallant Friend refers to the number of Indians trained at Sandhurst since King's Commissions were first granted, the answer to the first part is 112, and to the second 11. If he refers to the changes introduced last year as the result of the Indian Sandhurst Committee's Report, 18 Indians have qualified under the new scheme, of whom 7 are now at Sandhurst and 11 are due to join in January; no candidate has yet qualified for Woolwich. As regards the third and fourth parts, there is no Cadet College in India analogous to those in this country The policy in this matter was explained in a statement made by the Commander-in-Chief in the Indian Legislative Assembly on the 8th March, 1928, of which I am sending my hon. and gallant Friend a copy.

In view of the very small number of cadets training as officers at Sandhurst, does not the right hon. Gentleman think it very necessary to establish a suitable college in India, and will he give attention to this very important matter?

I need hardly tell my hon. and gallant Friend that the matter is engaging my attention.

Dominions and Colonies (Indians)

asked the Secretary of State for India in how many and in what parts of the British Empire the immigration of citizens of the Indian Empire is forbidden or restricted; whether he has recently received any complaints from India on the subject; and what action, if any, he proposes to take?

No part of the British Empire prohibits or restricts immigration on the ground that the immigrants are Indians. The other parts of the question therefore do not arise.

Repatriated Indians ((South Africa)

asked the Secretary of State for India the number of Indians repatriated from South Africa, in accordance with the Cape Town agreement, in the year 1928; and if he will inform the House as to the provision made by the Government of India for aiding these repatriates to a new life on their return to India?

The number of Indians repatriated from South Africa in 1928 under the provisions of the Assisted Emigration Scheme was 3,477. As regards the latter part of the question a special officer was appointed by the Madras Government in August, 1927, with the approval of the Government of India, to meet Indian repatriates returning from South Africa and to assist them in finding suitable employment.

United States (Denaturalised Indians)

asked the Secretary of State for India whether his attention has been called to the denaturalisation of 30 Indians in the United States of America subsequent to the decision of the Supreme Court that Indians are ineligible for citizenship; and whether it is the intention to make any representations to the Government of the United States of America upon the matter?

I am aware of the circumstances to which my hon. Friend refers. I am afraid that no action which His Majesty's Government could take could affect the decision of the Supreme Court which is irrevocable.

Can my right hon. Friend say whether it would be possible to draw attention to the statement of the right hon. Member for Bewdley (Mr. S. Baldwin), that the Indian people and our people are of the same race?

National Congress

asked the Secretary of State for India whether he has yet received a report from India regarding the circular issued in the Punjab instructing the police to shadow prominent leaders of the Indian National Congress and to bring pressure on the people to refrain from attending the forthcoming session of the Congress at Lahore; and whether he will take steps to prevent official action against representative Indian leaders and organisations?

No, Sir. I have not yet received a reply from India. Perhaps my hon. Friend will repeat his question in a week's time?

Railways (Contracts)

asked the Secretary of State for India whether he has received information of pending contracts for the supply of rolling stock, rails, and other material for Indian State railways; and whether he proposes to take any steps to secure, if possible, that such contracts shall be placed with British steel and engineering firms in this country?

I understand that contracts for a large number of wagons and carriage underframes, also for bridge-work, are pending and that tenders for the supply of these materials are now or will shortly foe under the consideration of the Government of India. In accordance with the undertaking given by that Government to the Legislative Assembly tenders for these contracts were invited by advertisement and, unless for special reasons a tender by an Indian firm of manufacturers is preferred by the Government of India, the lowest satisfactory tender will be accepted. I am, therefore, not in a position to take any steps in the direction suggested by the hon. Member.

Will not the right hon. Gentleman continue to use his good offices in this respect as did his predecessors in office on behalf of the British manufacturer?

It is a very well-established practice, with which I certainly do not intend to interfere, to permit the Indian Government to do the best for India.

Will the right hon. Gentleman consult with the Lord Privy Seal to see whether something cannot be done to bring these orders to this country?

I am as mindful as anyone of the needs of this country, but the interests of India must predominate.

Does the right hon. Gentleman think that the best results for India are incompatible with the use of British goods?

I refer to the passage which states the decision taken on this matter after due consideration.

Communist International (Manifesto)

asked the Secretary of State for India whether he has any information as to the manifesto addressed by the Executive Committee of the Communist International to the peoples of India urging them to rise and throw off British rule, etc.; and, if so, what steps he proposes to take to prevent the circulation of this manifesto in India?

I have no information beyond what has appeared in the Press in this country.

Russia

British Relations

asked the Secretary of State for India whether the Government of India was consulted respecting the resumption of diplomatic relations with the Soviet Government by the British Government; and, if so, whether he can state the nature of the reply thereto?

The Government of India were consulted and the action taken by His Majesty's Government accords with the views they expressed.

Is the right hon. Gentleman aware that a statement has been published in the official organ of the Soviet Government, and what action does he intend to take to stop this subversive propaganda?

I saw something in the newspapers about it, and the ordinary machinery continues to exist.

asked the Secretary of State for Foreign Affairs whether, in view of the declaration in the "Izvestia," the official organ of the Soviet Government, that the Soviet Government cannot speak for or undertake responsibility for the Comintern's activities, the Government will give the House an opportunity of reversing its decision as to the resumption of diplomatic relations?

No, Sir. I do not think that the majority of the House would desire such an opportunity.

May I ask the right hon. Gentleman whether he does not realise, as an outcome of all these questions, and without imputing any insincerity to the Soviet Government, that they are powerless to carry out these pledges; and that the pledges are therefore worthless?

May I ask the right hon. Gentleman whether the paper quoted by the hon. Member, the "Izvestia," is not in the same relation to the Soviet Government as the "Daily Mail" is to the party opposite?

I do not think I can add anything to the answer I have given. The question is whether the House should have another opportunity, and I do not think that the majority of the House desires it.

Does the right hon. Gentleman know, and will he inform the House, that the "Izvestia" is the official organ of the Soviet Government?

asked the Secretary of State for Foreign Affairs whether his attention has been called to further statements in the official Government Press at Moscow, issued under the direct authority of the Soviet Government, ridiculing the statement made in the British Parliament that the Soviet Government could or would restrict the activities of the Third International as a result of the proposed agreement with Great Britain, and further stating that the Third International had just issued an appeal to the workers in India urging them to greater revolutionary efforts; and whether he has made any representations to the Russian Soviet Government on the matter and with what result?

I would refer the hon. Member to the statement I have already made in reply to the right hon. Gentleman, the Member for West Birmingham (Sir A. Chamberlain).

Is it a fact that the right hon. Gentleman has said that this guarantee with regard to the Comintern, would not operate until the Ambassador had actually arrived and initialed the Protocol; and will he assure the House that, if matters similar to those referred to in my question arise, diplomatic relations will at once be severed?

The right hon. Gentleman has already covered that ground in answers to previous questions.

I am only asking the right hon. Gentleman if, after the Protocol has been initialed, similar action on the part of the Comintern should arise, he will take action to terminate diplomatic relations?

asked the Secretary of State for Foreign Affairs whether his attention has been called to an article published in "Izvestia," the official organ of the Soviet Government, on 5th November, and in particular to the statement that the agreement of 1924 and the Protocol of 3rd October, 1929, do not contain and could not contain a single word relating to the Comin- tern, and that the statement made by him to this House is a distortion of the agreement just concluded; and whether he will assure himself that the Soviet Government understands and accepts his interpretation of the agreement before effect is given to it by the exchange of Ambassadors?

As I have already explained in reply to previous Parliamentary Questions, I have seen various articles in the "Izvestia" and other newspapers, the general purport of which is as described by the right hon. Gentleman. Under paragraph 7 of the Protocol of the 3rd October, which was approved by the House on the 5th November, the Soviet Government have undertaken to confirm, on the day on which their Ambassador presents his credentials, the pledge with regard to propaganda contained in Article 16 of the 1924 Treaty. In accordance with the statements made by the Prime Minister and myself on various occasions, it is the intention of His Majesty's Government to insist that the pledge which is thus provided for in the Protocol and which they regard as clearly applicable to the propagandist activities of the Comintern shall be observed both in the letter and the spirit. With regard to the last part of the question, the right hon. Gentleman may not be aware that the necessary formalities have already been completed and the two Ambassadors appointed, and that His Majesty's Government have thereby begun to put into effect the provisions of the Protocol as approved by the House.

Does the right hon. Gentleman really think it is safe to proceed with the exchange of Ambassadors when it is quite obvious that the Russian Soviet Government put a different interpretation upon the pledge, repeated from the 1924 Treaty, from that which has been placed upon it in this House by both the Prime Minister and himself?

I think I am under an obligation to seek to carry into effect the decision of this House, and, in the event of the pledge, which will be contained in the Agreement which will be handed to the Ambassador on the presentation of credentials, being broken, the responsibility will rest on His Majesty's Government as to the action that it must take.

Was not the assent given in this House on the basis of an understanding and acceptance by the Soviet Government of the conditions which the right hon. Gentleman told us they had accepted?

No. I think the position was quite plain to the House. I have stated a fact, and we must wait, and, when the pledge has been given, we must do our best to see that the pledge is carried out.

Will the right hon. Gentleman use his good offices to prevent the Press of this country from issuing propaganda articles against Russia?

Can the right hon. Gentleman say whether the conditions having been broken, this is not a very good occasion for delay?

I do not know to what the hon. and gallant Member refers, when he talks about conditions having been broken. The pledge has not yet been given. The pledge is only given on the day when the credentials are presented. That is in accordance with the statement made in this House and in accordance with the statement made in the Article of the Protocol which this House has already approved.

Did not the right hon. Gentleman tell us that in conversation that pledge was given?

No, I did not tell the House anything of the kind. I told the House that I had said to the representative of Russia that our Government would continue to interpret the pledge of Article 16 as covering the Third International.

Does the right hon. Gentleman think it prudent solemnly to exchange this pledge, with the knowledge that the Soviet Government interpret it differently from himself, and repudiate his interpretation—

Does the right hon. Gentleman remember that Sir Henry Campbell-Bannerman once said in this House: "Enough of this fooling"?

In view of the fact that there is evidence of great attempts at disturbance in Vaious parts of the Empire at this very moment, will the right hon. Gentleman make perfectly certain that the position in South Africa and India is cleared up before he takes this step in regard to Russia?

I have already stated the Government's position on the issue to the House.

Does the right hon. Gentleman consider that it is keeping the pledge in the spirit when the pledge is about to be signed and the other side do all that they can to break it in anticipation?

The pledge has not yet been given, as I have stated to the House this afternoon.

On a point of Order. Is it in order for an hon. and gallant Member on the other side to impute falsehood to the Foreign Secretary?

It is out of order to impute any motive of false intentions to any hon. Member.

If it be out of order for an hon. Member to use an expression of that kind, will you ask the hon. and gallant Member for Bournemouth (Sir H. Croft) to withdraw the expression?

On a point of Order. If I have given offence to hon. Members opposite, I desire to withdraw my remarks, and say that the right hon. Gentleman has grossly deceived the House of Commons.

On a point of Order. Is it right that a Minister, in replying to a question, should be charged with grossly deceiving the House?

That expression is not in order. Perhaps the hon. and gallant Member for Bournemouth (Sir H. Croft) will withdraw the remark.

If the remark was out of order, I withdraw it and substitute the word "deceive" the House of Commons.

That was the remark which I asked the hon. and gallant Member to withdraw.

On a point of Order. Is it your Ruling that it is out of order to use that phrase at Question Time, and, further, may I respectfully ask whether Ministers have not constantly been charged by the Opposition, for at least the last 100 years, with deceiving the country?

I desire at once to say that if my remarks are regarded by you as un-Parliamentary, I will withdraw them and will substitute the word "misled."

Propaganda

asked the Secretary of State for Foreign Affairs whether the Soviet Government have agreed to the request of the Dominion Governments that the guarantees against propaganda should be made applicable; to them?

asked the Secretary of State for Foreign Affairs whether any guarantee against propaganda in India has been given by the Soviet Government?

Yes, Sir. I would refer the hon. and gallant Member to the terms of paragraph 7 of the Protocol of the 3rd October and Article 16 of the 1924 Treaty.

Can the right hon. Gentleman say whether the Government of India have given any indication of the nature of the guarantees they require from the Soviet Government in this matter?

No, I do not think any very definite indication has been given. I think I replied to a question the other day that the Dominions had sent a request to have the pledge with regard to propaganda applied to them.

Has the right hon. Gentleman any evidence at all that the Soviet Government intend to withdraw their propagandists from these parts of the Empire; has he any evidence of their having shown any good will?

The right hon. Gentleman has given a good many answers on this question already.

asked the Secretary of State for Foreign Affairs whether he will obtain a Report of the Soviet propaganda that is fomenting trouble amongst natives in South Africa and point out to the Soviet Government that this constitutes a breach of the protocol agreement?

The question of possible Soviet propaganda in the Union of South Africa is a matter for His Majesty's Government in the Union, from whom no communication on the subject has been received.

Is it not a fact that the present Government have intercepted communications and forwarded them to the South African Government?

Would it be for the Government of the Union of South Africa to complain direct to the Soviet Government or to complain through this Government?

They have already appealed, I think, to His Majesty's Government to take up the matter with regard to general propaganda; but this is a specific instance of something which is said to have been done in South Africa, and that is the point upon which I am informing the hon. and gallant Member that no request has yet been made by them.

In cases of that kind, is it for the Dominion Government concerned to complain through His Majesty's Government in Great Britain, or to complain direct to the Soviet Government?

I think if the right hon. Gentleman is not satisfied with the answer which I have given, he had better put a question on the Paper, and I will consider it.

On a point of Order. Is it in order for hon. Members opposite to put these questions, reflecting upon the good faith of a friendly Power? Is it not the case that on previous occasions in this House Mr. Speaker has refused questions on the ground that they reflected upon the good faith of a friendly Power?

Diplomatic Immunity

asked the Secretary of State for Foreign Affairs how many visas will be granted in connection with the establishment of a Soviet embassy in London; will these visas give diplomatic immunity to the holder only or to members of his or her household; and is there any limit to the number of persons affected by each visa?

The members of the Soviet Diplomatic Mission to this country will receive precisely the same facilities as regards visas as the members of any other Diplomatic Mission.

asked the Secretary of State for Foreign Affairs whether diplomatic immunity granted to representatives of the Soviet Government in this country will be extended to cover their wives, families, and servants?

In accordance with custom, general diplomatic immunity will be accorded to the Soviet Ambassador, his family and domestic servants, and to members of his staff provided they are not British subjects, but not to the domestic servants of members of his staff.

Is there to be any limit as to the number of servants and other employés in connection with this embassy?

That point is not raised in the question, but I would say in reply to it, that the same limit will apply in this case as that which applies to other diplomatic staffs.

Diplomatic Correspondence

asked the Secretary of State for Foreign Affairs whether, pending a definite undertaking by the Soviet Government both on its own behalf and on behalf of the Third International regarding the provision of funds for subversive activities in this country, he intends to modify in any way the doctrine of diplomatic immunity in respect of correspondence and packages passing between the Government at Moscow and its representative in London?

No, Sir. The resumption of full diplomatic relations naturally implies that the Soviet Ambassador will receive the usual facilities in respect of his diplomatic correspondence.

British Commercial AttachéS

asked the Secretary of State for Foreign Affairs whether upon the resumption of full diplomatic relations with the Soviet Government, British commercial attachés will be posted to commercial and industrial centres in the Union of Socialist and Soviet Republics?

It is not the practice to appoint commercial attachés to industrial centres, but to the diplomatic mission in a country. This procedure will be adopted in the present instance.

Turkey (British Claims)

asked the Secretary of State for Foreign Affairs whether he is aware that only 52½ per cent. of the admitted claims of British subjects within the Turkish Empire in respect of losses arising from War damages has been paid; and when His Majesty's Government propose to pay the outstanding balance of 47½ per cent. of the assessed amounts of such claims out of the reparation moneys already received or to be received from Germany?

The answer to the first part of the question is in the affirmative. As regards the second part, it has repeatedly been stated by successive Governments that there can be no increase in the amount already provided by His Majesty's Government for compensation for damage by enemy action, and I am not prepared to reopen the matter.

If further sums are received, will the Treasury see that the claims of these unfortunate people who have lost so much in respect of War damage are dealt with?

I am afraid that is a hypothetical question, and I cannot answer it.

It is stated in the question:

"reparation moneys already received or to be received from Germany,"

and, if any further moneys are received, will the hon. Gentleman see that the claims of these people are dealt with, as they have already suffered very severe losses?

Austria

asked the Secretary of State for Foreign Affairs whether he has received any information as to the situation in Austria; and whether the desire of His Majesty's Government, in view of the danger to British interests, for a peaceful and constitutional issue of the crisis has been communicated to His Majesty's Minister in Vienna?

Yes, Sir. His Majesty's Minister in Vienna is in possession of the views of His Majesty's Government and is keeping me fully informed as to the situation.

Food Ships (Immunity in War)

asked the Secretary of State for Foreign Affairs whether any response will be made to President Hoover's declaration with reference to the immunity from seizure of food ships in time of war?

In his Armistice day address, President Hoover emphasised that in suggesting the immunity of food ships in time of war he did not intend his words to be interpreted as embodying official proposals to any nation. In these circumstances no answer is called for by His Majesty's Government. I may say, however, that the President's proposal will, of course, be carefully examined by His Majesty's Government.

POLAND (Dr. ULLITZ, TRIAL)

asked the Secretary of State for Foreign Affairs whether representations concerning the trial of Dr. Ullitz have been made by the German minority in Poland to the League of Nations?

As my right hon. and gallant Friend is no doubt aware, a petition from the Deutscher Volksbund protesting against the arrest of Dr. Ullitz was discussed by the Council of the League of Nations in March last. I have seen no representations to the League regarding the subsequent trial of this gentleman.

Is the right hon. Gentleman aware that Dr. Ullitz's trial has not yet taken place, and will it be possible that that trial may be watched over by the League of Nations, in the interests of the minority?

I understand that the trial has taken place and that no representations have been addressed.

Will the right hon. Gentleman be good enough to make inquiries as to whether that is so in order to avoid misunderstanding?

Foreign Embassies (Diplomatic Visas)

asked the Secretary of State for Foreign Affairs how many diplomatic visas are in existence for each of the embassies in London; is more than one person covered by each visa; and, if so, how many?

The numbers of permanent diplomatic visas issued to embassies of those countries with which no agreement for the reciprocal abolition of visas has been concluded, are as follow:—

Anglo-Egyptian Relations

33 and 34.

asked the Secretary of State for Foreign Affairs (1) whether, in view of the fact that the communication addressed to foreign Powers in March, 1922, denned the special relations between the British Empire and Egypt, which other Powers were required to respect, as being those referred to in the Declaration of 28th February, 1922, in which His Majesty's Government accepted the responsibility of protecting foreign interests and minorities in Egypt, he will state whether it is the policy of His Majesty's Government to replace this definition by an Anglo-Egyptian Treaty which relieves them of any such responsibility; if so, what is the character of the special relations between the British Empire and Egypt in this matter which other Powers will in future be required to respect; and, if not, under what Clause of the proposed Treaty does His Majesty's Government retain a responsibility as towards foreign Powers for the protection of their nationals;

(2) whether the conclusion of an Anglo-Egyptian Treaty in the terms offered by His Majesty's Government to the Egyptian Government will involve any change in the status quo as regards the position of other Powers in Egypt itself; and whether the communication addressed to foreign Powers in March, 1922, will remain in full force and effect?

It is His Majesty's Government's policy to re- place the Declaration of the 28th February, 1922, by an Anglo-Egyptian Treaty which would re-define the responsibilities of the High Contracting Parties in regard to the protection both of foreign interests and of minorities in Egypt. The proposals made to that end have been laid before the House in the White Paper, Command 3376. The character of the special relations which would exist between Great Britain and Egypt in the event of a Treaty based on those proposals being ratified, and such changes as the Treaty would produce in the position of other Powers in Egypt, are clearly indicated in the proposals themselves. The communication addressed to foreign Powers in March, 1922, in so far as it represents a general statement of principle, would not be superseded by the conclusion of the Treaty, but the conditions resulting from the Treaty, including the fact that Egpyt, which is already a party to the Peace Pact, would have become a member of the League of Nations, would obviously affect its practical application.

Is the right hon. Gentleman aware that, in reply to a question last Monday, he said that no new communication would be addressed to foreign Powers, because the old communication of March, 1922, had already contemplated the Treaty? How does he reconcile that answer with the answer which he has given to-day?

If the Noble Lord will permit me, I do not see any inconsistency between the answer given last Monday and the answer which I have given to-day.

Is no new communication necessary because the old communication stands or because the other Powers are not now to be asked to recognise any special relations between this country and Egypt?

I answered last week that the communication was not necessary, because the communication sent in March, 1922, contemplated at some time or other the position that I have stated this afternoon.

Can the right hon. Gentleman say how soon he expects to hear from the present Egyptian Government as to whether they accept this Treaty or not?

The House will probably remember that I made a statement that the proposals had to be submitted to the Egyptian people. They had then to be accepted by the new Parliament in Egypt; then they had to be submitted to this House, and when the Treaty was signed, it had to be submitted to this House a second time for ratification. As the right hon. Member knows, the Egyptian elections are now pending.

May I ask whether in July the right hon. Gentleman did not inform; the House that there was no fundamental departure from the policy laid down by previous Governments, and whether this does not constitute a first-class departure from that policy? I do not say that there is any intention to mislead.

If the hon. and gallant Member will read the speech which the Prime Minister made in July, he will see that he stated that we could not be bound in every degree to existing conditions.

May I ask if the right hon. Gentleman proposes that this House should have an opportunity of expressing its opinion on the Treaty?

I am afraid the right hon. Gentleman must address that question to the Leader of the House, who controls the fixing of the business. As far as I am concerned, the sooner the better.

I was not asking for the exact date. I think the right hon. Gentleman understands me, and I understand him. He will not wait to bring it to the House until it has passed through all the process in Egypt, to which he has alluded?

No. If the right hon. Gentleman will make application through the usual channels and time can be provided, I am willing to give the House the first opportunity to discuss these proposals before they are put into the Treaty, and then bring the Treaty up a second time for ratification.

United States (Visa Fees)

asked the Secretary of State for Foreign Affairs whether he has received any communication from the United States Government offering to abolish or reduce the visa fees on passports of visitors to and from the United States; and, if so, what reply has been made thereto?

asked the Secretary of State for Foreign Affairs whether he has received representations as to the visa fees now charged on passports of visitors to and from the United States; and whether he will offer reciprocal abolition or reduction in these fees so that they should no longer exceed the fees charged by the principal Continental countries of Europe?

No communication has been received from the United States Government upon this subject since the correspondence contained in Command Paper No. 2746 of 1926 took place. Representations have, however, been received from various bodies interested as to the desirability of abolishing these fees. As the hon. Member for Colchester (Mr. O. Lewis) was informed on the 5th instant, and my hon. Friend, the Member for Kennington (Mr. Matters), on the nth instant, the matter is under active consideration, and arrangements are being made to convene an interdepartmental committee to consider the question in all its bearings at the earliest possible date.

Is it necessary for us to wait until communications have been received from the United States; and could not the Government take some action by approaching the United States in this matter, in view of the fact that these visa fees are five times as heavy as visa fees for Continental countries?

I am afraid that I cannot add anything to the answer which I have already given.

Naval and Military Pensions and Grants

Seven Years' Limit (Abolition)

asked the Minister of Pensions whether he can now make a statement as to the action the Government propose taking to abolish the seven years' limit with regard to ex-service men?

asked the Minister of Pensions whether he is able to make any statement about the consideration of claims made in respect of War disability by ex-service men more than seven years after the termination of their active service in the Great War?

The operation of the seven years' time limit on the making of fresh claims for disablement, and of the arrangements made by the late Government for dealing with certain cases affected by it has been closely investigated by me since I assumed office.

At the present date, more than 10 years since the men were demobilised, cases in which disablement by War service can now be justifiably claimed for the first time are, as is admitted on all hands, few in number and will necessarily become fewer. Old War wounds, thought to have been healed but giving trouble for the first time since the War, are readily identifiable, and are already dealt with both by medical treatment and pension. New claims in respect of some ailment or disease are the more numerous, but comparatively very few cases are found on investigation to be genuinely traceable to War service.

The situation is one that requires to be met by provision for a small and diminishing number of genuine cases only. These cases require to be dealt with on different lines from those that were suitable at an earlier period of pensions administration.

The Government intend taking such action in regard to the time limit as will secure "that all claims shall still be considered." The arrangements made by the late Government do not, in my opinion, fully secure this object, and therefore the Government have decided to amend and extend them in important respects. For the future, the arrangements for dealing with belated claims for disablement will be such as to ensure the following essential points:

While thanking the right hon. Gentleman for his very long reply to my question, may I ask if every publicity will be given to it, so that those men who are claimants will have an opportunity of knowing their position?

Yes, Sir. The necessary communications will he directed to the area offices and to the War Pensions Committees.

Can the right hon. Gentleman say in what respect the arrangements he has just mentioned constitute an advance upon the action taken by the last Government? He said that not enough had been done by the late Government, but will he kindly say what —[ Interruption. ].

I have not the slightest abjection to answering the hon. Member. The very important points of difference, as I have been able to gather them since I have been in the Department, will be these: There will be no rejection of claims on the ground of the time limit; every case will be invited to give evidence, and all evidence will be fully investigated; and full opportunity will be given for investigation through the War Pensions Committees and the Ministry direct, on the top of which we are inviting the assistance of independent medical opinion.

Is it not a fact that no case was turned down by the late Government—[ Interruption ]. Is it not the case that many hundreds of cases were considered, although they had gone beyond the seven years' limit, by the late Government?

I believe I have fully answered the questions on the Paper, but, if there are other points which require investigation, I shall be very pleased to give an answer if questions are put on the Paper. On the point which the hon. Member has raised, it is true that numbers of cases were considered.

When the right hon. Gentleman refers to independent medical experts appointed by the Colleges of Physicians and Surgeons, does that apply to London headquarters alone, or are the provinces also included?

Is it not a fact that all cases under the late Government normally were turned down under the time limit?

Trade and Commerce

British Industries Fair

asked the Secretary to the Overseas Trade Department whether it is intended to carry on with the previous policy regarding the British Industries Fairs or whether he will consider holding fairs in great provincial cities other than Birmingham; and if he is aware that the Civic and Empire Week recently held at Hull, when valuable assistance was given by his Department, was successful?

I have been asked to reply. His Majesty's Government have already announced their intention to appoint a committee to investigate the present situation in regard to the British Industries Fair and to consider what means can be adopted to increase its utility to British trade. This committee, which is at present being formed, will no doubt consider whether it is desirable to open sections of the Fair in cities other than London and Birmingham. In reply to the last part of the question, my hon. Friend, the Secretary of the Department of Overseas Trade, is well aware of the great success of the Civic and Empire Week recently held at Hull and of its value to the work being done by the Empire Marketing Board.

Is it not a fact that the whole cost of the organisation and maintenance of the Birmingham Fair was defrayed by Birmingham people themselves, and was no charge on the Exchequer?

Is my hon. Friend aware that the whole cost of the Hull Fair was defrayed by the Hull people?

Export Trade

asked the Prime Minister whether he has considered the appointment of a Minister of Commerce who shall personally visit our Dominions and mandated territories for the purpose of laying before them the advantages of trading with Great Britain and increasing our export trade?

Opportunity will continue to be taken by individual Ministers to urge the importance of inter-Imperial trade whenever they visit the territories concerned. But such visits ought not to be treated as a matter of routine. Careful consideration is being given by my hon. Friend the Secretary of the Department of Overseas Trade to strengthening the existing services of his Department with a view to rendering the greatest possible assistance to our overseas trade both within the Empire and elsewhere.

Will the right hon. Gentleman see that better results are reached by other visits than were reached by the Lord Privy Seal?

Agriculture

British Wheat-Flour

asked the Minister of Agriculture whether he will introduce legislation to compel a certain percentage of British wheat-flour to be used in every British loaf?

I have considered the hon. and gallant Member's proposal, but I am convinced that it is not practicable. I am hopeful, however, that the object which the hon. and gallant Member has in mind will be achieved by the extended use of all-English National Mark flour, which is now on the market and which makes an excellent loaf.

Can the right hon. Gentleman tell us why it is not practicable, seeing that it is beneficial both to the farmer and to the consumer, and seeing also that it does not conflict with either Protectionist or Free Trade principles?

Will the right hon. Gentleman have this British wheat-flour used in the Army and Navy?

Foot-And-Mouth Disease

asked the Minister of Agriculture the cost of dealing with foot-and-mouth disease for the year ended December, 1928, and for the 10 years preceding 1928?

With the permission of my hon. Friend, I will circulate the reply, which contains a number of figures, in the OFFICIAL REPORT.

Following is the reply:

The information required is not available in respect of calendar years but the cost in the year ended 31st March, 1929, and in the 10 previous financial years was as under:

Year.

£

1928–29

87,871

1927–28

215,215

1926–27

216,646

1925–26

311,980

1924–25

613,782

1923–24

2,996,019

1922–23

98,157

1921–22

676,722

1920–21

139,227

1919–20

82,338

1918–19

11,543

The above figures exclude headquarters administrative expenditure of the Ministry and administrative and other expenditure of local authorities.

asked the Minister of Agriculture if he is aware that during the present outbreak of foot-and-mouth disease the experimental farm, in East Sussex, of the Department of Agriculture was among those infected; and how many cattle were found to be infected and how many were destroyed?

An outbreak of foot-and-mouth disease occurred on the 3rd instant on Wales Farm, Plumpton, Lewes, belonging to the East Sussex Agricultural Committee. Two cows were found to be affected, and 114 cattle, two sheep, and 122 pigs were slaughtered.

Is the Minister aware that a farmer within three-quarters of a mile of the State farm, who took the precaution of folding his cattle and putting them indoors, escaped the infection altogether, and cannot that policy be considered as an alternative to destruction?

If the hon. Gentleman will put down a question, I will give him exact information.

Is the right hon. Gentleman satisfied that all possible steps of a scientific nature are being taken to endeavour to locate this disease in order to avoid the present system of slaughter.

asked the Minister of Agriculture whether in addition to the fumigation and disinfection of farm buildings, cowsheds, wagons, and implements during an outbreak of foot-and-mouth disease, there are any steps taken to disinfect the soil upon which infected cattle were grazing?

As disinfection of pastures by chemical agents is generally impracticable, restrictions are maintained on infected fields until light and air have rendered the virus of the disease inert. Re-stocking of such pastures is limited until it is reasonably certain that the virus is dead.

Is the Minister aware that the general opinion of farmers in the infected area is that the railway line which runs through has definitely located and narrowed the area of infection, and that the opinion of the farmers is that partridges have a great deal to do with carrying this infection?

That is a theory which is held, but there is not sufficient evidence for it.

If there is not sufficient evidence available, is not this disease sufficiently destructive to warrant a prize being given to a scientist outside the right hon. Gentleman's own Department for the discovery of the germ which causes the disease?

Every inquiry is being made, and I hope that my hon. Friend will send me any evidence that he has.

asked the Minister of Agriculture, in view of the large importation of second-hand clothing into this country from the Continent, what precautions are taken to prevent the importation of clothing that may have been in contact with the germs of foot-and-mouth disease?

I have no evidence showing that imported second-hand clothing is a source of danger from the point of view of foot-and-mouth disease infection, and no restriction has therefore been imposed by my Department under the Diseases of Animals Acts.

asked the Minister of Agriculture how many outbreaks of foot-and-mouth disease have recently occurred and been confirmed in East Sussex; what is the date when each outbreak was confirmed and the number of animals slaughtered at each farm; whether there is reason to believe that the disease is now under control; when a relaxation of the Orders restricting the movement of cattle along the roads or to markets may be anticipated; and whether the experts of the Ministry have traced or suspect the cause of the outbreak in each or any of the cases and can now give it?

asked the Minister of Agriculture what is the position as regards the present outbreak of foot-and-mouth disease; how many cattle, sheep, pigs, etc., have been slaughtered; and whether any further outbreaks have occurred outside the original area in Sussex?

Six outbreaks of foot-and-mouth disease have recently occurred and been confirmed in East Sussex. All the six affected farms were situated within a radius of two miles, and as no fresh case has occurred since the 8th instant, there is every reason to believe that the outbreak is under control. With the permission of the hon. Members, I will circulate a full statement in the OFFICIAL REPORT, which, with this answer and the answer which I gave to the hon. and gallant Member for Lewes (Rear-Admiral Beamish) on the 11th instant, of which I am sending a copy to the hon.

Particulars with regard to cases of Foot-and-Mouth Disease which have been confirmed in connection with the present outbreak in East Sussex.

Outbreak No.

Date of Confirmation.

Number of Animals Slaughtered.

Cattle.

Sheep.

Swine.

Goats.

1

October 27th

82

2

October 29th

37

1

3

November 1st

66

15

4

November 3rd

114

2

122

5

November 8th

8

6

November 8th

66

58

Total Outbreaks: 6

373

60

138

Origin.

Outbreak 1. —See reply to question by hon. and gallant Member for Lewes on the 11th instant. 1. —See reply to question by hon. and gallant Member for Lewes on the 11th instant.

Outbreak 2.— Infection from initial case. Cows were grazing in a field adjoining that in which the affected animals in the initial case were grazing. Prior to confirmation of disease in the original case one of the farm hands from those premises crossed this field daily. 2.— Infection from initial case. Cows were grazing in a field adjoining that in which the affected animals in the initial case were grazing. Prior to confirmation of disease in the original case one of the farm hands from those premises crossed this field daily.

Outbreak 3.— Attributed to road infection from the original case. A direct road from the initial case passes these premises. 3.— Attributed to road infection from the original case. A direct road from the initial case passes these premises.

Outbreak 4.—No direct evidence of connection with previous cases but premises are within three-quarters of a mile of initial case. 4.—No direct evidence of connection with previous cases but premises are within three-quarters of a mile of initial case.

Outbreak 5.—No direct evidence of connection with previous cases. 5.—No direct evidence of connection with previous cases.

Outbreak 6.—No direct evidence of connection with previous cases but the premises are in close proximity to the outbreaks confirmed on the 29th October and 1st November. 6.—No direct evidence of connection with previous cases but the premises are in close proximity to the outbreaks confirmed on the 29th October and 1st November.

Restrictions.

An Order takes effect to-day reducing the schedule area to one of five miles radius, and if no further case occurs a further reduction of the area will be made in about 10 days.

Half-Meat Cheese

asked the Minister of Agriculture whether he has received a letter from the Cheshire County Council upon the subject of half-meat cheese and a memorandum from the county analyst upon the same subject; and what action he proposes to take in the matter?

Yes, Sir, but I can add nothing to the reply which my right hon. Friend the Parliamentary Secretary gave to the hon. Baronet the Member for Chester (Sir C. Cayzer) on the 14th November, of which I am sending the hon. Member a copy.

Is the right hon. Gentleman aware that the great grievance

Members, will give all the information desired.

Is it quite clear that this infection has not arisen from coverings and wrappings?

In this case there appears to be no evidence of that.

Following is the statement:

among the Cheshire farmers is that this cheese is sold in shops in a very deceptive way, so that the public do not know what they are buying?

I am aware of the difficulty, but many convictions have been obtained under the Food and Drugs Act. The matter has been carefully studied, and it is thought that the advantage of taking further steps would not be proportionate to the disadvantages accruing to many trades.

British Potatoes (Canadian Restriction)

asked the Minister of Agriculture whether he is aware that Canada, though suffering from a shortage of potatoes, prohibits the importation of English potatoes, of which there is an abundant crop free from any disease; and whether, in view of the desirability of extending the market for British agricultural produce, he will take any steps to secure the removal of this prohibition?

I realise the great importance of finding a market for the surplus potato crop. But as the hon. Member is no doubt aware, the Canadian restriction was imposed on grounds of disease.

There is no disease in a great quantity of potatoes and cannot something be done?

We cannot dispute the fact that disease is a legitimate ground for prohibiting imports.

Committees of Inquiry (Constitution)

asked the Prime Minister how many Members of both Houses of Parliament have been placed on special committees appointed by the Government, and how many of these are declared supporters of the Government?

Out of a total of 37 Members of both Houses of Parliament, 19 are declared supporters of the Government.

Will my right hon. Friend consider, in view of the verdict of the last election, giving the Labour trade union and co-operative supporters more adequate representation on these Committees?

I am afraid, if my hon. Friend will only look into the figures, he will discover that, if there is any inadequacy, it is less on this side than on the other side.

I am very grateful to my right hon. Friend, but I have asked him for these figures for some weeks, and he has refused to give them until now.

Electoral Law (Conference)

asked the Prime Minister whether the promised conference on electoral reform has yet been constituted; if so, will he state the names of the members and, if not, the cause of the delay; and what steps are being taken by the Government to bring the conference into being without further delay?

The answer to the first part of the question is in the negative. The conference is being constituted on a party basis, and until the parties had submitted their nominations and the list of topics which they suggest for consideration, the conference could not begin its work. I understand that the nominations of the parties have now been received. I hope that it will be possible before long to make a further announcement.

Unemployment

Political Parties (Co-Operation)

asked the Prime Minister whether he would be prepared, in consultation with the leaders of the two Opposition parties, to appoint a Committee comprised of Members of all parties to advise as to what further schemes are practicable for dealing with the problem of unemployment?

asked the Lord Privy Seal whether he is prepared to consider the appointment of a Committee drawn from Members of all parties in the House to assist him in the solution of the unemployment problem?

In the speech that he made immediately after we took office, my right hon. Friend the Lord Privy Seal, while safegarding Government responsibility for policy, announced his intention of seeing how far he could mobilise the good will which we believed existed in all parties and in the country generally to devise a programme for dealing with the problem of unemployment. As regards an all party Committee, I should remind the House that when we were in opposition we made such a proposal to our predecessors, who regarded it as impracticable, but if I could see anything which would justify the belief that the parties opposite were prepared to co-operate and that useful results would be obtained, always safeguarding the responsibility of the Government, I should be willing to consider representations.

Singapore Naval Base

asked the Prime Minister whether the Dominions and the Colonies which subscribed for the construction of the Singapore base were consulted before the stopping of work was authorised by the Government; and whether he can give their replies?

As regards the first part of the question, I would refer the hon. and gallant Member to the replies given by my right hon. Friend the First Lord of the Admiralty in the House of Commons on the 13th November, which indicated that His Majesty's Governments in the Dominions had been notified of the policy of His Majesty's Government in this country. The Colonial Governments had not previously been informed. As was stated in the replies above referred to, the decisions of the Five-Power Naval Conference may affect the question of the use of the base, and it was therefore thought desirable to slow down or suspend certain work pending the result of the Conference. It was not thought necessary to consult the Dominion Governments formally as to such slowing down or suspension, but they would, of course, be fully consulted before any decisions were taken affecting the scheme as a whole. As regards the second part of the question, I have nothing to add, I regret to say, to what has already been said on this subject.

Is not the right hon. Gentleman aware that this base is for the protection of the Commonwealth Dominions, and, seeing that it is their money that is being spent, will he not consult with them before slowing down, and obtain their agreement first?

I hope the hon. and gallant Member will excuse me if I do not go into details which ought not to be gone into at the present moment, but he must very obviously see that certain agreements that are possible, that may be possible, at the Five-Power Conference might affect the whole original idea of the base.

Is the right hon. Gentleman aware that the contribution from the Malay States was given with the express object of expediting the work on the base?

I am not quite sure that I am aware of the content of the question in the form in which it has been put to me, but the right hon. Gentleman knows perfectly well that our predecessors spent the Malay States' money first, and there is no Government in this country that will avoid obligations like that.

Fighting Services (Administration)

asked the Prime Minister whether His Majesty's Government is considering the possibility of appointing one Minister of Defence to represent the different armed forces of the Crown, both in the Cabinet and in Parliament?

Fishing Fleet Disaster (Belief Fund)

( by Private Notice ) asked the Secretary of State for Scotland whether he has any further information regarding the disaster to the Scottish herring fishing fleet; and what action, if any, the Government proposes to take to assist the Scottish fishermen?

Since this disaster happened I have been in close communication with my right hon. Friend the Minister of Agriculture and Fisheries for the purpose of obtaining all possible information as to the losses of the Scottish fleet. The work of obtaining detailed information for each vessel is being done as quickly as possible, and I hope to be in a position to give substantially complete information to the House on Wednesday. With regard to the second part of the question, I was in personal communication last week with the Lords Provost of Edinburgh, Glasgow, Aberdeen, Dundee and Perth, and they have agreed to issue an appeal to the people of Scotland to contribute to a National Fund to enable the fishermen to replace their nets. I have also invited the support and co-operation of the Press, and am confident that the appeal which has been launched to-day will evoke a generous response from the public in view of the widespread sympathy with the fishermen in their arduous and hazardous calling and in this recent misfortune.

May I ask the right hon. Gentleman, although this action may or may not in the immediate circumstances be necessary, whether it is not a fact that the fishermen, in the long run, do not want or desire charity of any sort; and does not the right hon. Gentleman think it advisable that a State credit scheme to help the fishermen to replace their gear ought to be considered by the Government?

Before the right hon. Gentleman gave his approval to this scheme did he take any steps to find out the views of the fishermen who are chiefly concerned in this matter?

Does this mean that the Government are not going to give any contribution whatever to the fishermen in their hour of need, and does not the right hon. Gentleman understand that the fishermen think that they have as good a claim as the miners to be relieved?

Is it not the fact that all the hon. Gentlemen on the opposite side who have put questions were supporters of the miners having nothing more than charity?

Is it really the policy of the Government to rely upon offers of private charity after all they have said about this being an industry of national importance?

It is almost impossible for me to answer all the supplementary questions which have been put by hon. Members from the other side. If we begin to discuss the question of credit schemes, I think you will find that I have a complete reply to make to the question which has been put by the hon. Member for East Aberdeen (Mr. Boothby). With regard to the question put by the hon. Member for East Fife (Mr. Millar), that matter is under consideration, and a decision will be come to as quickly as possible.

May I ask the right hon. Gentleman to answer my question? Before he gave this scheme his approval did he take any steps to find out the views of the fishermen?

I think the questions and supplementary questions put to me last week by hon. Members on the opposite side of the House gave a very good indication of the need for something to be done to assist the fishermen.

Cannot we have "the complete reply"? [ Interruption. ] The right hon. Gentleman said he had a complete reply. Cannot we have it?

With all respect, Mr. Speaker, the right hon. Gentleman has not answered my question. I would like to know whether the fishermen were consulted before a public appeal was made on their behalf?

In answer to the question of the hon. and gallant Member for Banff (Major Wood)—no, I did not; because it is my duty, as having some small responsibility for my fellow countrymen, to take the best steps possible to come to their assistance when a disaster of this kind happens.

In view of the fact that the right hon. Gentleman said he had a complete reply, could not we have the complete reply? Could not he give us the benefit of it?

Conversion Loan

( by Private Notice ) asked the Chancellor of the Exchequer whether he will state the approximate amount of subscriptions to the 5 per cent. Conversion Loan?

The House will remember that the objects of this loan were to provide for a maturity of £30 millions of Exchequer and Treasury Bonds falling due in January and February next, to strengthen the position of the Exchequer against a maturity of £130 millions of 5½ per cent. Treasury Bonds next May, and to curtail the volume of the Floating Debt. I have mentioned on a previous occasion that the response to the Government loan issued a year ago resulted in an increase exceeding £50 millions in the Floating Debt.

The figures of the present loan are still subject to small corrections, but they amount approximately to

May I ask the Chancellor of the Exchequer whether, in view of the statement which he has now made to the House, the half per cent. commission given to certain brokers was not a great and wasteful mistake?

Certainly not. The result has justified the precaution that I took. It may not always be obvious on the surface what is the purpose of my action, but hon. Members can rely upon the fact that there is an absolutely satisfactory answer.

Would the right hon. Gentleman tell us the amount of five per cent. War Loan which has been tendered for conversion?

Business of the House

May I ask the Prime Minister what business, if any, he proposes to take if he is successful in carrying his Motion which is on the Paper for the suspension of the Standing Order?

In accordance with the arrangement, the House to-night will finish the Committee stage of the Widows', Orphans' and Old Age Contributory Pensions Bill, and to-morrow will be devoted to the Report stage and the Third Reading. There are two Motions on the Order Paper, on page 883, standing in the name of the Financial Secretary to the Treasury—(1) Highlands and Islands (Medical Service) Additional Grant [Money] and (2) Coast Protection [Money]. It would be very convenient administratively if we could get them, but, of course, we shall take no power that the House may give us by suspending the Eleven o'clock Rule to try to force them. The business will only be done, if it is done at all, by agreement.

Ordered,

"That the Proceedings on Government business be exempted, at this day's sitting, from the provisions of the Standing Order (Sittings of the House)."—[ The Prime Minister. ]

Land Drainage (Scotland) Bill,

"to make further provision for the drainage of agricultural land in Scotland," presented by Mr. Secretary Adamson; supported by Mr. Noel Buxton, Mr. Johnston, and Dr. Addison; to be read a Second time upon Monday next, and to be printed. [Bill 72.]

Orders of the Day

Widows', Orphans' and Old Age Contributory Pensions Bill

Considered in Committee. [ Progress, 14 th November. ]

[Mr. ROBERT YOUNG in the Chair.]

CLAUSE 3.—(Provisions as to pensioners and insured persons in His Majesty's Dominions outside Great Britain.)

I beg to move, in page 6, line 10, to leave out the words "made under this Section."

This Amendment ought to be read in conjunction with other Amendments bearing on this point. There is an Amendment in page 6, line 42, at the end, to insert the words:

We propose to accept in substance the two Amendments which I have just read, but there is a slight technical difficulty in them as they are printed. Such Regulations would be laid before Parliament. We accept the two Opposition Amendments in principle, but we think our form of words is the better.

On a point of Order. In this part of the Committee we cannot hear a single word that the hon. Lady is saying.

It may shorten the discussion if I have something to say now. We quite understand that the Parliamentary Secretary proposes to accept our Amendments in substance.

In substance, and there will be a consequential Amendment put down by us in regard to Section 30. I was explaining that the reason why we propose that course is to exclude any Regulations under Section 31. Those are Regulations which are made by the Registrar-General.

I shall not be far wrong, I think, if I assume that the Minister has put down this Amendment because attention was drawn to the point in the Amendment which stands later on the Paper in my name. I am glad to know that the Minister appreciates the point, because, without this Amendment, regulations made under this Clause would not be subject to the procedure laid down in my Amendment, which, of course, is simply copied from Section 30 of the Act. So far so good, but on the point of drafting I would make an appeal to the Government. In effect, the Amendment that has been moved by the Parliamentary Secretary is an Amendment of Section 30 of the principal Act. We have already a Clause in the Bill, Clause 17, which deals with various Amendments of Section 30 of the principal Act. It really would be intolerable to have the public looking at Clause 17 to see what Amendments were made to Section 30 of the original Act and finding there various Amendments, and afterwards finding that there was another Amendment not included in Clause 17—an Amendment which would have to be searched for in Clause 3 of this Bill. Therefore, I would suggest to the Parliamentary Secretary that instead of putting in her Amendment here to Clause 3 she should add another paragraph to Clause 17 carrying out the gist of this Amendment and make regulations under Clause 3 of this Bill subject to Section 30 of the principal Act. That would carry out exactly what she is doing in this Amendment, but the arrangement would be much more convenient to people studying the Act hereafter.

It is a very small point indeed, and, on the whole, I think that the course we propose is the better one. First of all there are eight lines in the right hon. Gentleman's first Amendment—

Section 30 of the Act says that:

"The Minister, in conjunction with the Treasury, so far as relates to matters with which the Treasury so direct, …. may make Regulations for carrying this Act into effect, and in particular …."

Then there follow paragraphs ( a ), ( b ), ( c ), ( d ), ( e ), etc. Under Clause 17 of this Bill it would be possible to make an addition to those paragraphs. What I propose is that another paragraph should be added in similar form to carry out the purpose of the Amendment under discussion. I have not drafted such an Amendment, but the substance of it would be that the Minister had power to make regulations providing for the things which it is desired to provide for under Clause 3 of the Bill.

If the right hon. Gentleman presses the matter, I will accept the suggestion. There is not very much in it; but, if he considers his arrangement more elegant as to draftsmanship, I think my right hon. Friend would accept it.

It is not a question of elegance, but of the convenience of the public. It is an important question to those who will have to interpret the Act.

Then I will say, "a question of literary elegance, of beauty of style." I include under "literary elegance" all the arts in the use of words so as to convey a meaning more clearly. I ask the Committee to pass this and a subsequent Amendment now on the understanding that the matter will later be put in the order which the right hon. Gentleman suggests.

Is it not true of the whole Bill that it is so drawn that no one except an expert can possibly understand it?

No! I wish it to be carried, but on the Report stage the point of literary elegance can be dealt with.

It is not a question of literary elegance at all.

Amendment agreed to.

I beg to move, in page 6, line 28, to leave out the words "one of His Majesty's dominions overseas," and to insert instead thereof the words

"a part of His Majesty's dominions outside Great Britain."

This is a mere drafting Amendment, to make it clear that the provisions of the Clause are not intended to apply to the self-governing dominions only but that the words "His Majesty's dominions" should be given the widest possible interpretation. They will now, without doubt, include every corner of what we call the Empire.

Amendment agreed to.

I beg to move, in page 6, line 34, to leave out the word "dominion," and to insert instead thereof the words "part of those dominions."

This is consequential on the Amendment that we have just carried.

Amendment agreed to.

I beg to move, in page 6, line 35, after the word "regulations," to insert the words

"under Section thirty of the principal Act."

I have already explained that we desire to exclude Section 31 of the principal Act.

Amendment agreed to.

I beg to move, in page 6, line 42, at the end, to insert the words

"Such regulations shall he laid before Parliament for confirmation."

It seems to me to be an important point that before regulations are put into operation they should be confirmed by Parliament. This is really only a drafting Amendment and I hope that the Minister will accept it.

We wish to resist the Amendment because it is unnecessary. Under the principal Act such regu- lations must be laid before Parliament. It will be within the recollection of Members of the Committee that in another place, after great Debate, a provision was inserted that all regulations under the 1925 Act must be laid upon the Table of the House in the manner prescribed in the Act. Therefore the hon. Member's purpose would be met.

It would be as well if now, or on the putting of the Question, "That the Clause, as amended, stand part of the Bill," we should discuss what the Government have in view in connection with this Clause and the Regulations which they will make under it. Of course, this is a new arrangement altogether. Under the Act no such arrangement was possible. It may be remembered that the reason why the Government of 1925 was not able to do anything, so far as this particular matter was concerned, was, firstly, that they thought the best thing to aim at was, if possible, a reciprocal arrangement with the dominions themselves; and, secondly, any suggestion as to making payment of pensions in the dominions themselves would be a matter of considerable administrative difficulty. Of course, there is this to be said, that, in a novel matter of this kind, it might be desirable that the Government should receive affirmative confirmation before the Regulations came into effect. As it is a new matter, we shall desire later, when we reach the Question, "That the Clause stand part of the Bill," to ascertain from the Government, and particularly from the Under-Secretary of State for the Dominions, whom we are glad to see here this afternoon, exactly what has passed between the dominions and this country on the matter. If the Parliamentary Secretary thinks, notwithstanding that, that the Regulations will not raise any particularly difficult questions of principle or anything which she thinks would necessitate the giving of affirmative confirmation by the House, then, so far as this side of the Committee is concerned, I do not think we should press this particular Amendment; but I think it will be necessary, at any rate, to ascertain, a little later, exactly what the Government are contemplating in respect of this Clause.

Before we leave this Amendment, may I have an assurance from the hon. Lady in charge that this matter of reciprocal arrangements in the dominions, which is a most vital and important question, will be discussed when we come to the Question, "That the Clause stand part of the Bill"? I hope that the Under-Secretary of State for the Dominions will make clear to the House the arrangements which have been made. With an understanding that we shall have an assurance that very full information will be given both from the Department and from the Dominions Office, I should, personally, be satisfied. There is one further point. I agree with my right hon. Friend the Member for West Woolwich (Sir K Wood) that this is not quite the place to discuss the Regulations themselves, but, in case I am not fortunate enough to catch your eye, Mr. Young, later, I should like to say now that I should like to hear, during the discussion on the Question, "That the Clause stand part of the Bill," a very full and clear explanation of the precise arrangements which are going to be made with the various dominions in this respect. On the assurance that both these discussions will take place and that the information will be given, I shall be only too glad to facilitate matters by not asking those questions now.

I do not give any assurance that we will say anything whatever about reciprocal arrangements with the dominions. That is quite another thing. If any of the dominions chose in their wisdom to pass a pension scheme, reciprocal arrangements with us would then become necessary. At the present time—

Had we not better discuss this on the Question, "That the Clause stand part of the Bill"?

I was asked to give an undertaking that certain discussions should take place. I only wanted to make it clear that we could not give such an undertaking.

Although it is difficult to understand some of the drafting of the Bill, I am prepared to accept the assurance of the hon. Lady that these words are not necessary, and accordingly I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

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

This is an important Clause, and I need hardly say that I think that any arrangement, provided that it be of a practical and businesslike kind, which would permit of pensions being payable to people within the dominions, would receive the general acceptance of the Committee. I think it should be said, and I have no doubt that the Under-Secretary of State for the Dominions will agree, that of course the thing to aim at, if it be possible, would be, at any rate as far as possible, to encourage the dominions themselves to set up schemes of a similar character to those embodied in this Measure, so that we can have what we call reciprocal arrangements between this country and the dominions themselves. That, of course, was the real reason, or one of the reasons, why the insertion of such a Clause as this was not possible in the principal Act, and I should like to ask the Under-Secretary of State for the Dominions, before we pass this Clause, whether any discussion has taken place between this country and the dominions with regard to setting up what we may call reciprocal arrangements; that is to say, is there, as far as he knows, any likelihood of any of the dominions themselves instituting a pension scheme of this character, or has any further progress been made with a view to making reciprocal arrangements of this character?

In the second place, I should like to ask whether this particular suggestion has been discussed between the dominions and the Department which the hon. Gentleman represents, and what are the views of the dominions themselves on this matter? I can quite understand that it might perhaps make some difficulty in one of the dominions, for instance, which itself had not a pension scheme of this character, if a number of people from this country were residing there who received pensions from this country, while there was no pension scheme for, and no pensions were payable to, the people who themselves lived in that particular dominion. I do not know whether the dominions have asked for any consideration of that aspect of the matter, but I can understand the possibility that that point might be taken.

Further, I would like to know whether, in connection with the administration of this proposal, any arrangements have been made with the dominions by which they are going to help in the administration of these pensions. The matter, of course, is not free from difficulty. People who go over to the dominions and who would prima facie be entitled to pensions will, of course, have to comply with the conditions laid down in the Act, and one of the difficulties of administering this particular proposal will be as to how it is going to be ascertained, and what machinery is going to be set up to see, that the conditions laid down in connection with this scheme are being complied with there. One can understand, for instance, a person leaving this country and going to some remote part of one of the dominions, and arrangements being made for a pension to be paid to her, but I should like to know what it is intended to do to see that the conditions under which such person is entitled to receive a pension have been complied with, and that there is no alteration in status which would deprive the individual of the right to payment of a pension. One does not want to be too pessimistic, but I do not myself think that there will be a very large number of people who will come under the operation of this Clause, but, as it is a matter of some importance, I think it desirable that the Under-Secretary should explain exactly what has happened between this country and the dominions concerned, first, as regards the proposal itself; secondly, what is the position with regard to reciprocal arrangements; and, thirdly, how the exact machinery of this particular Clause is going to be worked. Perhaps the hon. Gentleman would be good enough to give us some information on these matters.

I do not know that I can reply very fully to the questions which have been put to me by the right hon. Gentleman the Member for West Woolwich (Sir K. Wood), because I am quite sure he will realise that at this very early stage, when the Bill is still in Committee, we could not very well tell the Dominions what our intentions were, or receive from them any particular expression of opinion. If I may say so, I think that a slight confusion has entered into this discussion and into previous discussions, in detaching the word "dominions" as if it referred to the five self-governing Dominions. So much is that the case that it will be seen that in the OFFICIAL REPORT, in the remarks of the right hon. Gentleman the Member for Edgbaston (Mr. Chamberlain) on the Second Heading, when he expressed his agreement with this Clause, wherever he used the word "dominions" it is printed with a capital "D." That is restricting the scope of the Clause in a way which is not intended.

The intention, as my hon. Friend the Parliamentary Secretary said just now, and as has been more explicitly stated in an Amendment of the Minister of Health this afternoon, is that this shall apply to what is commonly called the British Empire. Therefore, when the right hon. Gentleman puts a question to me with regard to the self-governing Dominions, that is only a part of what is covered. In several of them pension schemes exist. It would take far too long now for me to give the exact forms of those schemes. So far as we are concerned, there will have to be adjustments and reciprocal arrangements in administration in order that our purpose may be effected; but the underlying principle of the Clause is that an emigrant from this country who has been a voluntary contributor shall not lose his or her benefits by the mere fact of going to one of our dominions. As has already been pointed out, on occasion people have been led to hesitate about, if they have not been actually prevented from, embarking on emigration and settling in one of our self-governing dominions, by the very fact that they might be deprived of their pension. I cannot tell the right hon. Gentleman the opinion of the dominions, because it is manifestly too early for us to communicate with them until the Bill has become an Act of Parliament.

I quite agree, if I may say so, with what the hon. Gentleman has said as far as the dominions are concerned. Clearly, it will not have been possible for him, in the time which he has had at his disposal, to make any definite arrangements with the Dominions themselves— using the word "Dominions" with a capital "D" as meaning the five great self-governing Dominions. That is not, however, quite the point that I wanted to express. I presume that in the British Empire he is including India, but I am not dealing with that at the moment; but there is a large number of dominions, or perhaps "colonies" is the more correct term, which come directly under the hon. Gentleman's authority—

—or under the Colonial Office, as perhaps I ought to put it. Surely there must be some sort of very close and easy touch between the Secretary of State for Dominion Affairs and these Colonies. Are they making any efforts to try to work out a definite scheme of reciprocity in this respect, because that is a suggestion that might be considered with some advantage. We can do very little as far as the self-governing Dominions are concerned, but when you come to the Colonies, there is a very definite line of thought whereby in a social scheme of this kind I believe you might make some considerable advance.

There is another point which I think ought to be thrashed out. It is estimated that there will be 20,000 pensions paid under this Clause, amounting to about £500,000 a year. That is a very considerable number and a very large sum of money. My right hon. Friend wants to know what form of arrangement is made to secure that these people have reasonable facilities for getting their pensions. I do not wish at this stage to quote the stories one has heard about Government administration of this kind, but the House is entitled to know if they have worked out a simple form whereby these people can obtain their pensions, always realising that they will be scattered over a vast area and that there will be very great difficulty in getting into communication with them. Then I should wish to know what actual arrangements have been made to secure that the Government know exactly when these people disqualify for various reasons.

Obviously, there is the question of death, and there are other cases. It is quite conceivable that a widow may go out to live with a son or daughter in one of the dominions. It is conceivable that she would qualify for a pension to be paid by that dominion. Under such circumstances would she be entitled to draw a pension from the Australian Government and another from this Government? I hope the question is not too difficult for the hon. lady to answer. The other day I succeeded in putting a question which she could not answer. I think these questions are vital, that in legislation such as this, where you are paying small sums all over the Empire to a very large number- of people, we should know quite clearly, first of all, whether those people get them with reasonable facility, whether the interests of the taxpayer in this country are looked after and whether we are quite sure the money is going where it should.

There are one or two questions I should like to ask. There was an Amendment on the Paper which was not called with regard to the Secretary of State. Perhaps the Minister of Health would look at that before Report and see that proper words are inserted or that some definition of the Secretary of State is made. There is another point with regard to Northern Ireland, which always keeps cropping up there being the difficulty, from the drafting point of view, that the Bill does not apply to Northern Ireland. What would be the position supposing Northern Ireland did not pass a somewhat similar Measure? In that case, could Northern Ireland be considered part of the dominions of the Crown in a technical sense? Perhaps also the hon. Lady would go into some detail with regard to the kind of system of administration which she expects will be set up with regard to the payment of these pensions.

As the right hon. Gentleman said, it is early days yet, but still I think, before we give permission for pensions to be sent overseas to places where there are no reciprocal arrangements, the Committee is entitled to have some sketchy notion at any rate of the kind of way it is going to be dealt with and of the safeguards the Minister has in mind. I take it that you are dealing with people who live at remote distances from centres of civilisation, because it is said the Clause is intended to help people to go on to the land and join their families who have migrated to the Dominions. That pre-sup-poses a certain distance from big centres of population. It is, therefore, going to mean considerable expense on someone's part to find out whether the pensioner is still alive and to have the life certificate sent in. Does she anticipate that that sort of expenditure is going to be borne by some dominion authority and reimbursed to the dominion by the Department here.

My hon. Friend said it was much too early at this stage to communicate with the dominions. I quite agree, but we ought to have some idea what the Department has in view. It seems to me we are doing something that is rather fresh and I should have thought there would have been ground for consulting, at any rate, the self-governing Dominions before it was brought to Parliament. We are now intending to make these pensions payable to British persons going overseas. Some of the Governments concerned might very well say, "We are not quite sure that this is a development of social service that we should welcome in our Dominion. We ourselves have not got a scheme and now we are going to have people coming out from the home country and living amongst us who are going to draw pensions which in actual fact are not available to our own citizens." I should like to be assured that no Dominion would take exception to that happening. It might very well be that a self-governing Dominion would not like that kind of indirect influence to be introduced into their country by people going there and getting British pensions when they have not got a similar scheme. That is why I ask whether it would not have been just as well to find out the views of the larger Dominions and whether or not they agree to this system being introduced. With regard to the general principle, everyone on this side of the House recognises that it is a proposal of some value, but it is doubtful—I notice the hon. Gentleman did not say anything about it—whether the fact that these pensions had not become payable under previous legislation had really had any effect on emigration. I do not suppose he could give us any figure, but it would be interesting to know whether there is any authority for saying it has actually stopped anyone going overseas who really had it in his mind to go.

I also should like to put one or two points to the hon. Lady. I gather that these pensions, which are going to be paid to some 20,000 people, will be paid in full and nothing will be deducted for cost of transmission, it may be, to very distant parts of the world. In the case of West African countries the cost would be considerable. The question is whether a pension will be paid in full, whether anything will be deducted from it, or whether the State will take over the whole cost of distribution.

The second point is this. Has the hon. Lady any views as to the way in which it would be easiest for the Government to continue the contributions towards this scheme in such cases as engineers, who have to be away for many months at a time? In one case of the construction of a harbour on the West African coast nearly a thousand persons from this country were engaged, some for a few months, some for six months, some for a year and some for two or three years. Section 22 of the principal Act has some application in regard to this matter. It says a sum shall not be paid on account of a pension if payment of the sum is not obtained within three months after the date on which it has become payable. Presumably the individual is given three months' grace to pay the contribution he owes. That is a very limited amount of time and we should contemplate coming to some arrangement with the various Dominions and Crown Colonies so as to facilitate weekly, monthly, bi-monthly or three-monthly payments, as the case may be, by the individual who is making his contributions towards this scheme. We heard a great deal when the Lord Privy Seal came back from Canada as to the arrangements he had made to facilitate the payment of these pensions, and great stress was laid on the fact that the fact that no arrangement had been made was acting as a deterrent on migration within the dominions. I think, if it is possible, we might have a little more information as to the arrangement or agreement he made with Canada.

I would like to know whether or not those people who have already gone out to the dominions under a non-contributory system, and whose pensions are withdrawn, will be able to avail themselves of the fresh opportunity which is now being extended to pensioners in the dominions.

I would like to draw the attention of the Committee to the fact that only two classes get pensions, and the person in receipt of a pension is in exactly the same position in the dominions as persons receiving pensions under other circumstances. The administrative difficulties have been very fully explained by the Minister of Pensions, and a system has been set up to ensure that the pensions shall be paid to every person in receipt of a small pension, varying, of course, according to the circumstances of the case. In places where there is a pension scheme in operation dealing with war pensions we shall have the assistance of that administration. In Crown Colonies and so forth there is no machinery for the payment of war pensions, and in those instances the necessary machinery will be set up with the consent of the various Governments and the dominions. Where persons go abroad we do not anticipate that we shall find the slightest difficulty in keeping in touch with them after they have left this country. I do not think we shall find any difficulties in sending the money to the pensioners or in finding out whether they are alive and so forth. The Ministry of Pensions have a system of administration which acts quite well in every corner of the globe, and we do not anticipate the smallest difficulty in regard to administration.

It has been stated that the Government ought to have consulted the dominions on these points. Surely, no Government in the dominions would object to another Government pouring the money of its taxpayers into their country, and no Government in the dominions is likely to raise any objection to money raised by our taxes being spent in Australia or Canada or any other place where it is likely to benefit British people. I do not think that there will be any objection to the Government paying out money overseas in the way of pensions. There seems to be some mistaken notion in regard to reciprocal arrangements. When we are dealing with a country which has already a pension scheme, like Northern Ireland, the arrangements for payment are settled under the existing pension scheme. In other cases, the arrangements are matters for negotiation with the dominions.

Reference has been made to the Amendment in page 6, line 33, after the word "State" to insert the words

I would like to put before the Committee the case of a man who has insured and desires to go abroad. I understand that he can write to the Minister and he can become a voluntary contributor. Supposing that man goes abroad and desires to come back to this country. He can then give notice in writing to the Minister that he desires to become a voluntary contributor for the purposes of the Insurance Act. When a man in those circumstances comes back to this country as a voluntary contributor and takes employment in some insured occupation, will he not become an ordinary contributor, paying one part of the contribution and the employer paying his part? In such a case I would like to know if the restriction about 104 contributions still applies to that case.

The Parliamentary Secretary, in her reply, has removed most of my difficulties, but there is one question which I should like to put to her. I would like to know if places like Malta would come within the word "dominions" used in the Bill?

We have gone very carefully into that point, and all such instances as those raised by the hon. Member for North Portsmouth (Sir B. Falle) are included. Sub-section (6) of this Clause provides that

"In this Section the expression 'His Majesty's dominions' includes any territory which is under His Majesty's protection, or in respect of which a mandate is being exercised by the Government of any part of His Majesty's dominions."

Therefore, the expression "His Majesty's dominions" includes every country over which the Government have authority.

I understand that under the provisions of this Bill about £500,000 is to be paid out in one year, and it goes to about 20,000 people. I would like to ask the Parliamentary Secretary if he can give the percentage of that amount which is to be devoted to administration. We are frequently supplied with information of that kind on all matters relating to pensions, and no doubt the hon. Lady has formed some estimate of the exact percentage of the cost of administering these pensions.

I am afraid that I cannot answer that question, but the hon. and gallant Member will find the gross cost of that administration given in the financial memorandum. In reply to another question which has been put to me my reply is that the voluntary contributor continues in insurance when he comes back to this country.

I would like to remind the Parliamentary Secretary that the Amendment to which she has referred was withdrawn on the understanding that the position would be looked into. I hope that the Government will consider this point. We want to ensure that the rights of those English insured people who go to any part of the world will not be jeopardised merely because they happen to be just over the border of the British Empire. I want to make sure that such cases will be inquired into.

5.0 p.m.

May I put a question in order to clear up a doubt? I have in mind the case of a widow whose husband has paid 104 contributions, and who died on the last day of the week for which the 104th contribution was paid. The widow would be qualified to receive a pension if he had lived to complete the 104 weeks, but, as he died before the end of the last week, he would not have completed the necessary time. May I ask whether provision has been made for the case of a death like that?

The question raised by the hon. Member does not arise upon this Clause.

Question, "That the Clause, as amended, stand part of the Bill," put, and agreed to.

Clause 4 ( Amendment of financial Provisions ) ordered to stand part of the Bill.

CLAUSE 5.—(Amendment as to right of widows or wives of men who had attained sixty at date of marriage to widows or old age pensions.)

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

The following Amendments stood upon the Order Paper:

In page 7, line 39, leave out from beginning, to the word "in," in page 8, line 4.

In page 8, line 5, leave out the words "the said."

In page 8, line 5, after the word "twenty," insert the words "of the principal Act."—[ Captain Bourne and Mr. Meller ].

In page 8, line 6, leave out the words "three years," and insert the words "six months."—[ Major Nathan and Mr. Llewellyn-Jones ].

These Amendments have been left on the Order Paper by my hon. and gallant Friend in order to afford an opportunity to ask the Minister whether he has further considered the point which I discussed at an earlier stage on another Clause, and whether he has come to any conclusion as to the desirability or necessity of maintaining this provision in the Bill.

When this matter was discussed earlier, I said that I was convinced that the Committee did not desire to penalise a woman who had been living with a man and who went through the marriage ceremony with him while he was on his death bed. An hon. Member then raised the point of the woman who had been living with a man but who had left that man and had contracted a very prosperous and splendid marriage with another man. I pointed out at the time that such cases must be very few, but I said that, if the right hon. Gentleman thought on reflection that this was an important point and if he would suggest to us some form of words, we should be very glad to consider them. We have looked at the Amendment proposed. I do not myself see how it is possible to deal with the question, and therefore we are leaving the matter as it stands under the Act of 1925, with the exception that if the marriage service is read over the two shortly before the man's death, the provision with regard to death bed marriages shall apply. I cannot see how we can go further and meet the case of a person who breaks off a connection and then after an interval marries another man.

Question, "That the Clause stand part of the Bill," put, and agreed to.

CLAUSE 6.—(Amendment with respect to statutory conditions as to pensions.)

I beg to to move, in page 9, line 15, to leave out Sub-section (3) and to insert instead thereof the words: arises, but this Clause proposes to make some exceptions, and my case is, that the exceptions which are provided are not enough. Take the case of a person who has been insured for 200 weeks, has paid 200 contributions, and then falls ill; we will assume that he is ill for six weeks, and that nobody is in a position to pay his contributions, and that in point of fact his contributions are not paid at the time of his death. According to this Sub-section, the widow or orphan of that person will get no pension at all, and I submit that that is a very serious hardship indeed. There must be—indeed, there are—many cases of that kind. I can imagine other cases also where an insured contributor becomes insane, and is unable to attend to the duty of having his contributions paid. It applies not merely in the case of death, but also in the case of a contributor reaching the age of 65 without having paid all his contributions.

That is not all; there is another case to which I would invite the attention of the right hon. Gentleman the Minister of Health. Take the case of a contributor whose contributions are not paid, not through any fault of his own, but because his employer has failed to pay them. That is a very likely and not infrequent occurrence. I would point out that in a case of that kind where the employer has failed to pay the contributions the parties who suffer have no recourse against the employer. There is recourse in such a case, I believe, in the matter of health insurance, but no recourse at all in the matter of pensions insurance. The result is, if my information and my impression are correct, that an insured contributor who would otherwise be entitled to an old age pension, or his widow who would be entitled to a widow's pension, may be deprived of it by the fault of the employer and may have no redress at all. There may be many cases of grave hardship, and yet the Minister would have no power to step in and give a pension. What one notices in all these cases is that the person who has to suffer is the innocent person, and I suggest that it is a case in which the right hon. Gentleman ought to take some power to give redress; and it is for that reason that I have put this Amendment on the Paper.

If hon. Members will look at the words of my Amendment, they will see that it allows contributions to be paid after death or after the contributor reaches the age of 65, if the Minister of Health is satisfied that the non-payment was due to some definite disease or to some bodily or mental disablement. That gives the right hon. Gentleman full control of the situation; it prevents any danger of abuse; and lastly, I suggest that this power should be exercised only in the event of that non-payment happening during the last 12 months. That is an additional safeguard, and as I have hedged my Amendment round with these safeguards, I suggest to the right hon. Gentleman that he may very well accept it.

I think that this Amendment is really hardly necessary, because in the overwhelming majority of cases—in all the known cases—in the event of sickness such as is described in the Amendment of the hon. and gallant Member for Banff (Major Wood) contributions are already deemed to be paid, and there is no call upon the insured person actually to pay them. Payment is not required, but the contributions are deemed to be paid, and the period of sickness counts as part of the period for the purpose of satisfying the average test, so that really the point is already covered as the situation now stands. It is true the question might arise where the original 104 qualifying contributions had not been paid prior to the death of the insured person, or prior to his reaching the age of 65, but in that case contributions arising during a period of sickness in the qualifying period may be paid by the insured person. The insured person is given the right to pay the contributions in the qualifying period so as not to lose his qualification in case of sickness. If, however, he does not do so, he is rather gambling with the fund, and that would hardly be a case which the hon. and gallant Member has in his mind.

If he dies during a period of sickness, his contributions are deemed to have been paid, and therefore the difficulty does not arise in 999 eases out of 1,000. Any person who is sick, any person who is available for employment and unable to get it, has his contributions credited to him, so to speak, the contributions are deemed to have been paid, and they count for the purpose of the average test in determining whether he is entitled to a pension or not. [An HON. MEMBER: "For what length of time?"] Length of time does not matter so long as the person is sick or disabled.

No, as I have already explained, not for the qualifying period of 104 weeks; but, of course, one can see that if you were to accept any excuse other than that your whole insurance scheme would go. It would be giving an unfair advantage. If the hon. and gallant Member for Banff is dealing, as I presume he is, with cases of normal sickness and so on, then he may be quite certain that his point is really covered within these regulations.

I want to put one question to the Minister of Health about a very difficult case with which I had to deal when the previous Minister of Health was in office. It affected a body of workmen who had paid their contributions, and their employer stated that he also had paid the contributions, but the cards were kept in the office, and while they were in the office a fire took place and the cards were burnt.

I do not see how the point which the hon. Member is putting arises on the Amendment now before the Committee.

The cards were burnt, and also the books in the office. One of the men died, in the meantime, and the men who had paid the contributions failed to get their insurance benefit because the employer could not show that the contributions had been paid.

I must ask the hon. Member not to discuss a point which does not arise on the Amendment before the Committee.

I think it does arise on it. It is a question of paying contributions. I am not pressing the Amendment, but I simply want to get the point clear: Would a widow be deprived of her pension on the ground that her husband had not made his full contributions when the contributions had in fact been paid, but a fire had taken place in the office and destroyed the records. What would be the position of that widow if the man died in the meantime? All the contributions had been paid, but a fire took place and the cards were destroyed. I had some difficulty over the matter, but in the end the Ministry of Health compelled the employer to pay his contributions the second time. That was the result of it.

That hardly arises here, and one would have to have details of the case before giving any ruling upon it.

I do not know whether I shall be in order, but a very hard case has been brought to my notice in which the employer stated to the man that he had paid the contributions—

I would like the right hon. Gentleman to make another effort to meet the cases I have put forward, with which, I think, he has not dealt. They are cases which raise the question of the qualifying period, and he now admits including sickness as part of the period when contributions are not deemed to have been paid Will he answer the concrete case I have put? It is that of the man who, having paid 100 contributions, falls ill and dies after six weeks without having had an opportunity of paying the extra four contributions required. Am I not right in saying that by this Sub-section his widow will be deprived of all rights of pension? That is the case I am putting forward. The right hon. Gentleman has not denied that it is true. He has rather evaded it. I would like him to face up to it and tell us whether my case is a good one or not. It is no answer to say that cases of the kind will not frequently occur. If that is his answer there is no reason why the case should not be met. He also failed to deal with the other case, which is also germane to this Amendment—the case of the employer who by reason of fraud, or because of any other reason, did not carry out his statutory duties and pay contributions in respect of his employé. I would like an answer to these specific questions, because it is only by getting an answer that we can judge of the real merits of this Amendment.

I was really dealing with the Amendment which is, in fact, on the Paper, namely, that regulations may be made to provide that contributions (in respect of any period not exceeding 12 months prior to the date of death of an insured person or of his attaining the age of 65, as regards which the Minister is satisfied that the insured person was incapable of work by reason of some specific disease or some bodily or mental disablement) may be paid after the date of death of the insured person or of his attaining the ago of 65. I dealt with the normal case. In the case of a person during the qualifying period of 104 contributions, if he is sick, contributions can be paid on his behalf prior to his death. If it was the case of a man, shall we say, who had paid 100 contributions and was ill for six weeks and then died, the contributions could be paid in respect of him week by week and they would count for this qualifying period. If the illness arose after the qualifying period, then there is no question of anybody paying the contributions, because they would be deemed to have been paid and would count for the qualifying term.

May I put this point to the Minister? It is the case of the man who, if he had lived, would have paid his full contributions, or they would have been deemed to have been paid, but who did not live long enough to have been deemed to have paid 104 contributions. Suppose the man leaves a gap of a week or two weeks or three weeks during which the contribution could neither have been paid, because he was ill, nor have been deemed to have been paid. My hon. and gallant Friend has tried to meet the case in his Amendment, and I think that if the Minister appreciates the point and thinks it is a good one, he will not turn the Amendment down because the form of words does not technically carry out the intentions of my hon. and gallant Friend. I think the case is a good one. Here is an insured person who pays his contributions for 90 weeks. He is ill for six weeks. In that case he is deemed to have paid 96 contributions. He dies and there is a gap of eight weeks, and the widow is without a pension. I consider that that is a case which really ought to be met. It may be two, three, four, six, seven or eight weeks, and there is no possibility of actually paying the full contributions, or, under the Act, of having them deemed to have been paid. I think that the point which has been raised is a very important one. I do not know whether it would cover a large number of persons or not, but I think that that fact ought not to interfere with the matter. The Minister has not met the case, and I hope that he will be able, before the Report stage is completed, to look into the matter and see whether this form of words actually meets the case or whether some alternative form could be devised. I believe that Members in all parts of the Committee would like to meet the point if it now means that these persons will lose their benefits.

Can I ask the Minister whether it is not possible for him now to deal with such cases as has been mentioned by the hon. Gentleman the Member for Leith (Mr. E. Brown) under Section 30, Sub-section (1), paragraph ( e ), which says that the Minister may make regulations, or may pay, in such cases as may be prescribed, contributions in respect of employed persons which have not been paid on the due dates for the purpose of a widow's or orphan's pension?

That is perfectly true, but I rather gather that it is a little different from the point which the hon. and gallant Gentleman has raised. That cannot be dealt with by regulations. It may mean a very substantial change in law, if the point is that which the hon. Member for Leith (Mr. E. Brown) has in mind. Where 90 contributions could have been paid or deemed to have been paid and the person died before 104 contributions had been paid—that is an Amendment which touches at the root of the whole of the existing system and could hardly be dealt with by regulations under this Bill.

I should like the Minister to go more carefully into this matter. I do not think that he has grasped the point of the Amendment. It may be that the Amendment is not drafted in a right and proper way. I want the Minister to consider the cases which have arisen. I had a case brought to my notice last week where an employer had failed to stamp a card. After the employed person had died it was found that a certain number of stamps were missing from the card, and the widow was not deemed to be entitled to pension. I suggest that this matter wants more careful consideration than has been given to it this afternoon. I hope that the Minister will inquire into it. I believe he will find, if he goes through the files of his Department that many cases have been brought before the Department, real cases of hardship, which this Amendment, if properly drafted, would prevent from occurring in the future. I hope that he will give a little more consideration to the matter before the Report stage is taken to-morrow night.

I honestly think that there is here a very genuine grievance which is not met by the Bill. It is the case of a man who falls sick and because he has fallen sick cannot quite meet the number of his contributions, and the Amendment is to enable his wife to pay them afterwards and enjoy the pension. That is the whole case, and it is a very simple one. I do not think that the Minister has honestly faced the real problem at issue. Why should a poor widow be deprived of pension because her husband fell ill and died just before the total number of contributions had been paid? This Amendment would enable the Minister to secure the adequate number of contributions. He would not lose a farthing and the widow would get her pension.

I would suggest that if the hon. and gallant Gentleman who is moving this Amendment would recognise the facts, he would see that the anomaly he desires to put right illustrates the weakness of any contributory scheme. I am not arguing against this Amendment. I would prefer making the pension available to as many persons as can claim it, but if you have a contributory scheme you must draw the line somewhere or other. I am in favour of the non-contributory principle, which is what hon. Gentlemen opposite have been opposing all the way through. They do not believe in a non-contributory scheme. I do. It does not matter really—

It is quite sufficient for the hon. Gentleman to say that he believes in the non-contributory principle, but he must not argue the matter.

I am not proceeding to argue. I want to point out that in all these contributory schemes, and schemes of a like character, anomalies of the kind stated are bound to occur. Any Minister would find himself in a difficulty in trying to work a scheme of this description. The question has been argued about 10 payments not having been made. What about 11 payments not having been made? A woman whose husband had 11 contributions unpaid might say to the woman whose husband had 10 contributions unpaid, "For another sixpence I could have got a pension for life. You have got one because you have paid sixpence more than I have." The whole thing is absurd, that is why I am in favour of the non-contributory principle all the way through.

I should like to ask whether the fund is not based on at least 104 contributions being paid as the necessary qualifying contributions. Does it matter whether these qualifying contributions are paid by the man himself or whether they are paid by the widow? I cannot see any difference. We have had the case of a man who has paid 103 contributions and then meets with an accident and dies. What difference does it make if that extra contribution is paid by the widow?

I hope that the right hon. Gentleman will attempt to give an answer, at any rate, to the question of the employer. He has not addressed himself to that matter. Am I right in saying that in the case of an employer failing to carry out the Statutory duties in regard to paying contributions the person who suffers by that has no redress whatever? That is my opinion, and surely the right hon. Gentleman would not like this Bill to pass from this House containing anomalies of that kind. I submit that he has not answered the case that I have made either on that or on any other of the points. If he does not give any satisfaction to-night I hope that by to-morrow he will have thought the matter over again and will have made some attempt to meet these undoubted anomalies.

The hon. and gallant Member is under a misapprehension. In these cases it all depends upon circumstances, but there is power given, and arrangements are made whereby an insured person does not suffer where the employer has failed in his duty. Cases have arisen.

That is under the previous Act, but you are changing the law. It is that change that I am protesting against.

That power still remains. On the question of the 104 contributions, I am asked why, if 104 contributions are necessary to qualify, what does it matter who pays contributions? The reason why it matters is, that 104 contributions do not meet the cost of a widow's pension for many years, and if you were to excuse everybody and it was known that on death or on the age of 65 the back contributions could be paid, somebody would run along with some stamps and make up the 104 contributions.

That, presumably, might happen. It would knock the bottom out of the finance of the scheme, because it would be open to anybody under those circumstances to come forward and make up the 104 ninepences, or whatever the sum might be. Obviously, that would not permit the scheme to work. If you have a qualifying period, you must keep it. Provision is made in special circumstances for back payments to be made, but you are really digging at the roots of the Act of 1925, by a suggested method of this kind. By regulation you would circumvent the provisions of the Act by the payment of the 104 contributions.

The right hon. Gentleman has made a very important contribution to the Debate, and one which many of us are inclined to think ought not to pass without further consideration. He tells us that the finances of the scheme are on such a doubtful basis that if we make the slightest alteration, as is proposed in this Amendment, it will knock the bottom out of the scheme.

I did not say that. I said that 104 ninepences would not provide a widow with a pension for life.

We are discussing the Amendment. Perhaps the hon. and gallant Member will keep to it.

Having drawn attention to the point raised by the right hon. Gentleman, all I will say with reference to the Amendment is that I regret that in this particular case the Minister cannot reconsider the matter by to-morrow, seeing that a strong case has been made.

I should like to say a few words in answer to the Minister. It is easy to make a Ministerial case of the kind made by the right hon. Gentleman by putting it on that particular basis. Take the case of a man in respect of whom 105 ninepences have been paid. Do 105 ninepences pay for a widow's pension? [HON. MEMBERS: "No!"] Certainly not, and my answer is that that happens in many thousands of cases. In many thousands of cases a man may die when 105, 106, 110 or 120 ninepences have been paid. The point at issue in the Amendment is that its adoption could not mean much to the Act financially. The question is whether, if this particular Sub-section were inserted, it would, over the whole range of insurance, for which the bottom limit is 104 contributions, invalidate the finance of the scheme. I do not think that it is a fair argument to take this question apart from the rest of the argument that these particular persons, who are especially unfortunate, should be allowed to make up to 104 the contributions that are lacking.

This Bill is to remedy certain difficulties and hardship which have become apparent in the principal Act, and the Government will not accept any Amendments in this small Bill which deal with the main structure of the scheme. This matter goes back to the Act of 1911. In 1911, with regard to disability allowances, hon. Members put up exactly the same plea that has been made to-day. It was then laid down definitely that the qualification could not be relaxed and that the allowance would not be payable before 104 contributions had been made. The reason then given was that for lifelong pensions it would be necessary to have some solid basis. If we gave way in regard to the class of case mentioned in connection with this Amendment we could not, logically, refuse any other class of case. We could not deny health benefit to a man with 102 contributions, or disability pensions, or any other system of pension.

Amendment negatived.

I beg to move, in page 10, line 5, after the word "Subsection," to insert the words

"in so far as they relate to a widow's pension or an orphan's pension."

I move this Amendment for the purpose of obtaining from the Minister some explanation of Clause 6 (3, b ) which has reference to Section Thirty of the principal Act. That paragraph in the principal Act allowed the Minister, in certain cases, to treat payments which had not been made on the due date as having been paid for the purpose of widows' and orphans' pensions, hut it did not treat the payments not duly made as having been made at the proper time in the case of old age pensions. There was, obviously, a reason for this difference. In the case of the widows' and orphans' pensions, the man had died and, presumably, in many cases the man had been seriously ill before he died. It might therefore be well understood that he might have had difficulty in making the payments at the time when they were due, and this provision was made in the Act to dispense with the strict letter of the law in such case's. But there can be no such consideration arising in the case of old age pensions. I have, therefore, put down the Amendment in order to inquire (1), whether the effect of this paragraph, coupled with another paragraph in Clause 17, is to admit old age pensions to the same privileges as that which applied under the principal Act to widows' and orphans' pensions and, (2), what is the reason for adopting that course, if that be the intention, when previously old age pensions were excluded from this privilege?

In the Act of 1925, Section 30 ( e ), the Minister took power to accept contributions in respect of employed persons which had not been paid on the due dates for the purpose of widows' and orphans' pensions. The effect of the Minister taking power to make regulations with respect to back contributions only in the case of widows' and orphans' pensions, implied that the proviso in regard to old age pensions was that their contributions were to be paid at the due date. That led to the Department refusing back contributions for the purpose of old age pensions, even if the employer was in fault, and if the employer had fraudulently withheld his contributions towards old age pensions. That action created so much resentment that the matter went to the courts and, in a case known as the Taylor case, the Lord Chief Justice turned down the contention of the Department and ruled that, notwithstanding anything in the Act, contributions which were paid late could be reckoned for the purpose of old age pensions, provided the non-payment was not due to the negligence of the husband. We are sure that the law was right as the Lord Chief Justice stated it, and that the Act of 1925 meant that, but it was not believed by the Legislature at the time that the Act of 1925 did mean that.

We think that the Taylor judgment was thoroughly right in spirit and that it ought to be accepted. Our desire is to bring the law into harmony with the law as the Lord Chief Justice laid it down in the Taylor judgment, and into harmony with what we consider to be reason and common sense. Let us take the case of an old man whose employer has neglected to stamp his card. The Department can come down upon the employer and force him to pay his contributions, and yet, under the Act of 1925, which was upset by the interpretation given in the Taylor judgment, the old man would lose his old age pension on account of the default or fraud of his employer. We say that that is entirely wrong. We say that where such contributions are due, where the man was at work, and where there was some delay in payment, perhaps owing to the em- ployer not having stamped his card, the old man should not lose his pension if the contributions had been properly earned, if they were not paid on the due date. We propose by paragraph ( b ), coupled with an Amendment in Clause 17 to put the law in the shape in which it left the court on the Taylor judgment.

Our only objection to the judgment of the Lord Chief Justice was that it was not, as it could not be, in the nature of detailed regulations. It was a general instruction, that contributions in respect of the man should be counted, unless it was due to his own fault that the contributions were not paid. That decision by the judge is not, however, detailed enough to serve as an instruction to approved societies, and we are taking power by a later Amendment to issue regulations for the purpose, precisely in the same way as the Minister formerly took power to issue Regulations in regard to widows' and orphans' pensions. I have had many inquiries about this matter. I do not know whether the Committee would like to hear the Regulations which apply to the two classes of ease. There are other Amendments upon the Order Paper, and there are other persons who are very much concerned that we should obey in the spirit and in the letter the judgment of the Lord Chief Justice in the Taylor case. The Regulations laid down for widows' and orphans' pensions are to the effect that, where you have a person who was really insured and for whom contributions have been paid, you can count back contributions which ought to have been paid but which have not been paid. The intention is to carry out the whole scheme in the spirit of the judgment given by the Lord Chief Justice, with which everyone agrees, and to give the Minister the power which he did not possess under the 1925 Act of accepting contributions for old age pensions which ought to have been paid on the due dates, but which, through the negligence of someone else, were not paid.

I am much obliged to the hon. Lady for her explanation, and I entirely endorse what she has said about the desirability of providing for the cases upon which the Lord Chief Justice commented. If she can assure me that the Regulations to be made in respect of old age pensions will apply to the case where the non-payment of contributions was not due to the wilful negligence of the man concerned, I shall be happy to withdraw my Amendment.

The Regulations will be laid on the Table of the House, and every hon. Member will have the power of critisising or altering them. They will be in the same shape as the Regulations applicable to widows' and orphans' pensions.

It is the intention to apply these Regulations to old age pensions. They will be laid on the Table of the House, and if there are any imperfections in them, hon. Members will have an opportunity of amending them.

That does not seem to me at all satisfactory. Regulations which are applicable to widows' and orphans' pensions are not applicable in the same way and for the same reasons to old age pensions. I do not take the slightest objection if the Regulations are to provide that the Minister might say that in cases where the contributions are not paid on the due dates they shall be deemed to have been so made where the default was not the default of the man but of somebody else. I will not press the matter further, because the Regulations will have to come before the House, and, unless they are modified, I shall have to raise objections to them.

Amendment, by leave, withdrawn.

I beg to move, in page 10, line 8, at the end, to add the words any way. When that Act was passed, widows' old age pensions and orphans' pensions became payable at once in respect of those people who had been insured before that time. The non-contributory old age pension at 65 became payable two years later, so that they had to wait for two years. Except for that wait of two years these pensions were given for nothing; they were really non-contributory. Share fishermen were brought into insurance in 1928, and what I am asking now is that this class of men should be brought in on exactly the same terms, or as nearly as possible the same terms, as those who were in insurance before. The fact that share fishermen have been outside insurance all this time has meant a considerable saving to the Government and I hope that point will be borne in mind.

It is the special case of the elderly men that I have in view. A. share fisherman who is 60 years of age and brought into insurance has to pay like a voluntary contributor, because he is employer and employed, 1s. 6d. per week for five years until he is 65 years of age. That is all right. If he happened to be 62 when the Act came into operation he would have to pay for another four years, that is to say, until he arrives at the age of 67; and if he happened to be 64 last year, when the Act came into operation, he will have to go on paying for another four years until he is 69. Up to the time he was 65 years of age he would be compulsorily insured; beyond 65 he would have to pay 9d. per week, the employers' contributional loan. I think that is a proper statement of the case.

I want these share fishermen to be brought into insurance on as nearly as possible the same terms as those who were insured when the principal Act came into operation. I am asking for no special privilege. It is a small point, but I hope the Minister of Health will be able to see his way to accept the Amendment as it does not entail a great cost to the Exchequer. They are old men; men who are practically out of employment, because no share fisherman is of much use when he is 65 years of age, and to ask them to go on waiting for five years for a pension, which you do not ask of insured persons under the 1925 Act, is unfair, and particularly unfair in view of the hard times that these men have been going through.

I hope the right hon. Gentleman will meet the case put forward in this Amendment. The position of share fishermen has been left in some doubt. I understand that it is the intention of the Government to bring them as a class into this Bill and give them the full advantage of all its provisions. I hope we shall have an indication as to what exactly are the intentions of the Government in regard to this particular class. They were only brought into insurance by the amending Act of 1928, and the fact that they came into insurance at the beginning of this year should not operate against them in regard to the privileges they are entitled to get under this Bill. As my hon. Friend has pointed out, when the principal Act came into operation it was intended that all classes of insured should have the full advantage to be derived from it. Here you are dealing with a large section of the population who for the first time were brought into insurance as a whole in 1928. Surely it is only right and proper that they should be regarded as being in exactly the same position as other classes of the community, who were brought into the Act earlier, and should receive full advantages and benefits of the Act? I submit that they have an unanswerable case, unless the right hon. Gentleman is going to say that this particular class should be treated with less regard than any other section of the community. These men are, however, a highly deserving class and worthy of the utmost consideration, and they ought to have the full advantage which falls to them under this Bill. I hope the Minister of Health will make it perfectly clear that it is the intention of the Government to see that share fishermen get the full advantage of the Bill.

Share fishermen are brought within the operation of this Bill because they are now insured persons. They come in as other people came in under the 1925 Act. We are not penalising them in any way in which other people were not penalised, and it is difficult, when you are extending insurance to new classes of persons who have not fulfilled the ordinary statutory con- ditions, to grant concessions. That is a slippery slope upon which to enter. Under the Bill a share fisherman can pay his contributions up to 1931 and get his qualifications for a pension at 65. It must be remembered that a considerable number of people in this country are not share fishermen, and are over 65. They have not got their pension yet, because they have not fulfilled the statutory conditions of old age pensions as set out in the principal Act.

They have an opportunity of doing it now. We are bringing them in in the same way as other people. It is difficult to defend the case of a man who comes in as a newly-insured person at 64 years of age, pays his first year's contributions and gets his old age pension at 65. There would be an enormous outcry amongst a considerable number of people, who are not share fishermen and who would like to take advantage of the same kind of concession.

Is it not the case that all insured contributors who came in under the 1925 Act came in in the way which the right hon. Gentleman now says would be impossible in the case of share fishermen? The insured contributors who came into the Act of 1925 got these benefits at once, or at any rate in the case of the 65-year pension after waiting two years. Now the right hon. Gentleman says that it would be intolerable to allow that to share fishermen. He has allowed it for many hundreds of other insured persons, indeed for some millions of them.

6.0 p.m.

The hon. and gallant Member is under a misapprehension. Those were insured persons before the Act came into operation, and were able to qualify by the time the Act came into operation, but people were not relieved from the duty of qualifying themselves. If they had not so qualified previously they had to qualify themselves by their insurance. The share fishermen only came in as a result of the 1928 Act, and he has not been able as yet to qualify himself by insurance. When he does so he will then get the benefit of the Measure in the same way as other insured persons.

I agree with the Minister that the people generally who came under the 1925 Act qualified because they had been paying under the National Health Insurance Acts, but in the case of the share fisherman the difficulty was that they were not allowed to do so. Their inclusion in the 1925 Act was pressed for by myself and by other hon. Members representing them, but we were told that it was not possible to devise a scheme whereby a man who was, in a sense, both employer and the employé could pay the contributions. We were told to go back to our fishermen and consider a scheme, and that if we brought forward a workable scheme it was just possible that there would be an amending Measure to include these men. We went back to our fishermen. We discussed this question with fishermen's organisations in England and Scotland, and it was really from Scotland that we got the sensible scheme that was accepted in the 1928 Act, though some Englishmen had a little to do with it also. That scheme was accepted by the Ministry, and included in the 1928 Act, and it gave share fishermen the right and privilege of becoming insured persons for the first time.

We ought to bear in mind, however, that up to then these men were practically the only class of workmen excluded. Some of these men who had served in the Navy had been voluntary contributors, and I can quote cases where such men continued to contribute for a considerable period, but when they came to the age of 65 they were told by the authorities that they could not receive pensions, and the money which they paid was returned to them. I am going to press that some consideration should be given to this matter. These men are in an entirely different position from the ordinary person coming into insurance for the first time, and if all the circumstances had been pointed out when the 1928 Act was before Parliament, I believe that special provision would have been made enabling these men to enjoy the same privileges as men who came under the Act of 1925. Admittedly they have not paid health insurance contributions, but that was because they were barred from doing so. The Section in the Act of 1928 which deals with these is clearly an admission by Parliament that it was a mistake to keep them out, and the House of Commons was convinced that it was a hardship on these men to keep them out. A very strong case can be put forward in favour of consideration being given to men of this class.

It is rather interesting to me to hear the speeches which are being made to-day on behalf of the share fishermen, because I have a very vivid recollection of the determined opposition which was offered to bringing them within the scope of the original Act of 1912. As far as I understand it, the point appears to be this—it is not so much that the share fishermen want to be included as voluntary contributors, as that they want their widows to come under the pre-Act provision. On my reading of Clause 1 of the Bill, and having regard to the conditions at present obtaining, I believe that the pre-Act widows of share fishermen will come under Clause 1.

The present case and the case of the Act of 1912 are entirely different. It was one proposition that share fishermen should not come in because they would have had to pay both contributions, when the Act merely dealt with health matters and with the old age pension at 70. But it is an entirely different thing when we are considering a claim on a particular basis which covers not merely health and old age, but widows' pensions as well. I contend that the point made by the Mover is a good one, and so far from this proposal being a "slippery slope" as the Minister described it, I think it is a very good sound pebble beach, and I do not think the right hon. Gentleman is likely to experience a heavy storm or that he will have to meet the criticism of other classes who are being left out. This is the case of a clearly defined and limited class of men who have been debarred from insurance previously because of the special nature of their occupation. I do not know of any other class in the community which resembles them. They are a fine body of men, and, even now, the Minister must know that they have sometimes great difficulty in keeping up even the premiums under the 1928 scheme. Considering the limited number concerned, I think the Minister might listen to our plea and allow those now insured to get the benefits of this Measure as from the commencement. If the Minister makes such a decision, no one can offer the criticism that these people ought not to be in the insurable class. If there is a body of manual workers in the land who deserve to be insured against all risks, it is these men, and if there is a body of widows in the land who deserve special treatment, it is the widows of these men. These men render a great service to the community in getting fish—an occupation which, in the eyes of the widows, involves not merely fish but the lives of men. I hope the Minister will meet the case which has been put forward.

I wish to add my voice to those which have already pleaded for the acceptance of this Amendment. What seems particularly hard in the case of these men is that, had they been more numerous and better organised, they would probably have received more consideration. But they are a comparatively small section of the community, and that is why they have always been treated in the way which hon. Members have described. It has been said that these men are thinking only about their widows, but I can assure the right hon. Gentleman that there are no widows in the country more necessitous than the widows of share fishermen. One has only to go into a fishing village to realise that among the widows of the whole of England, none go through more torture in their lives than these women. A woman of that class on the death of her husband might at least get this pension which is being given so freely to other widows, and which was promised by the Government to widows in need. I think the Minister might meet us, not half way but a quarter way. We are pleading here for a minority, and the Government are always talking about minorities and claiming to be the defenders of minorities. I do not see that a concession of this kind will open the door to many other claims, and the Minister must know that the Act of 1912 has nothing to do with this matter. If these men are regarded as clamorous in this matter, let the Government remember that if you begin to give money away everybody will want some—and can you blame them? There is hardly a person here who, if he heard that something good was being given away, would not be after it even if he did not need it. That is the kind of thing which arouses our worst passions. But we have here a case of people who are, really, in desperate need, and it would be a generous act on the part of the Government to make this concession. If they refuse to do so I hope the Amendment will be pressed to a Division.

Can the Minister give us some information as to the effect of the Amendment? We should like to know, for example, the number of men concerned, and we should also like to have an estimate of the financial burden involved. I do not suppose the Minister requires any further words to show that this is a very deserving class of men, and a special class. In the history of insurance there is no other class just like this class. I know from experience during the earlier months of this year that my hon. Friend the Member for Leith (Mr. E. Brown) was well within the truth in stating that the greatest possible difficulty has been found by these fishermen in maintaining the premiums which have been imposed upon them. In fact in a little village in the West Country some time ago, the returns from fishing were such that the men found it impossible to maintain the payments required under the 1928 Act. Lately, I am glad to say, the fishing industry in Cornwall has been better; but in the early part of the year it was almost impossible for these men to bear the burden of the contributions. If there is not a large amount of money involved, if there is not a considerable class concerned, I think the Government should make this concession. It may be argued that we have to stand by the structure of the previous Act; but let us not forget that, already, something is being given for nothing under this Measure. There are numbers of people who are to receive something in respect of which no contribution is being paid. Had that not been the case, it might have been valid for the Minister to use the argument which he advanced just now. Unquestionably, however, very substantial advantages will be reaped under the Bill by people who have made no contributions, and, as exceptions are being made, cannot the right hon. Gentleman meet the very valid and cogent arguments put forward on behalf of these men and give them the small concession for which they ask?

I desire to reinforce an argument which the Minister has not yet met. The Mover of the Amendment pointed out that these share fishermen are mostly old men and that under the conditions of their industry they have to pay practically two contributions, the employer's contribution and the employé's contribution. In addition to those who have already been mentioned, I would point out to the Committee that there are also share fishermen engaged in salmon fishing, and no branch of the industry has had more ups and downs than this. The present year has been the worst for salmon net fishing in this country for 30 years— taking it all round the coasts both in England and Scotland—and it is very hard for men who have reached about 60 years of age to get a share in a boat or to get any employment at all. If they have to keep up double contributions for year after year before they can get any advantage from their contributions, they are a specially hard case. The facts that they are old men and that they are paying double contributions are two factors which would justify the Minister in giving way on this Amendment. This Bill brings in 500,000 people under Clause 1 for whom no contribution has ever been paid, and therefore surely the Minister ought to give way in this special case, let these people more easily in, and not keep them waiting for three or four years making double contributions.

It appears to me that hon. Members who have spoken from both sections on this side of the Committee have made out a very strong case, that needs more attention than has yet been given to it. The whole purpose of this Bill is to remove anomalies and inequalities which give rise to injustice, but could there be a greater anomaly than in the case of these two classes of fishermen? The share fishermen in certain cases are excluded from the benefits of this Bill, and wage-earning fishermen are included. You have two boats going out perhaps from similar ports, suffering a similar disaster, the men doing exactly the same work, and you find that if there should unhappily be loss of life, the widows in the one case receive a pension for life, while in the other case they receive nothing. For what reason? Because, in the one case, the fishermen happen to be paid in cash, and in the other case they are paid in fish. In the one case they are wage-earners and in the other case share fishermen.

I do not think it is possible to defend an anomaly of that kind, and I would point out to the right hon. Gentleman that when he says there were similar anomalies in 1925 in the case of men who had not completed their full term of insurance, that was not so, because none of them had insured for pensions, but only for health. In that case that actuarial consideration did not apply, and therefore it ought not to apply in this case either. This cannot be a precedent for other cases and for bringing perhaps a great liability to the State, which this Committee ought not lightly to press upon the Government. It is a small class, a particular class, which will give rise to no precedent, nor would it be a permanent obligation upon the State. It only deals with the transitional period of four years, and it only applies to cases that happen within these four years. For all these reasons, I think the Committee is fully justified in pressing this hard case upon the Government. It is very hard indeed that men who are exposed to these perils, the grave perils of their particular occupation, should also be faced by a hard-hearted Administration, and that the Committee should leave them, so to speak, between the devil and the deep sea.

There will be very considerable sympathy with this Amendment in all quarters, but I am still very loth to give way, for reasons which I think are perfectly good. On the other hand, I am very anxious, if I can, to meet the views of the Committee. This Bill is only by way of being an Old Age Pensions Bill secondarily or even thirdly; primarily, it is a Widows' Pensions Bill. If I may say so—and I have given a good deal of consideration to this problem of the people who were brought in by the Act of 1925—the real difficulty that I see is one that has not been specifically touched upon, and that is that the widow of the share fisherman who died before the Act of 1925 came into operation will get her widow's pension for life, but the widow of the share fisherman who has died since that Act came into operation will not be able to get her widow's pension, because contributions have not been paid. That, I think, is a really hard and substantial case.

I would like to deal with the problem on these lines, if the Committee will agree, and what I would propose to do, therefore, is, in effect, to make the pre-Act widows of share fishermen widows of share fishermen prior to 1931; that is to say, that where since the operation of the Act share fishermen have died and left widows, those widows should immediately come into benefit for widows' pensions, and that will carry widows up to the age when under the normal qualifying test the death of the husband will entitle the widow to a pension. It is a complicated Amendment, but I hope hon. Members have got in their minds the point that I am trying to meet. I am trying to ensure that the widow of the share fisherman shall be put in the same position as the widows of other insured persons, either pre-Act or post-Act, and for the purposes of this class, in order to give this measure of justice, to bring in a pre-1929 Act widow or even a pre-1931 widow who is a widow of a share fisherman. If the Committee would accept that, I would undertake to put down an Amendment on the Report stage tomorrow, though I am afraid that might mean our having to recommit the Bill to-morrow, as the Committee will understand. In these circumstances, I hope the hon. and gallant Member will withdraw his Amendment.

It really will mean that all pre-Act widows who reach the age of 55 prior to 1931, and all widows subsequent to that, will come within the operation of the Clause.

I am very much obliged for the right hon. Gentleman's undertaking. The right hon. Gentleman did not say a word about the question of the fisherman who is 65 already. Can he give us any hope of being able to make a concession in respect of that man, or must he still go on paying for another four years I should be glad if the right hon. Gentleman could see his Way to meet that case.

The hon. and gallant Gentleman shows signs of his ancestry by pressing me very hard, but I would point out that a number of people other than share fishermen are concerned. There are always small gardeners and others working on their own account, and it is very difficult to do what the hon. and gallant Member wants, because they are frankly in the same position as other fishermen. I maintain that this is a Bill to deal primarily with the question of widows 'and orphans, and I have tried, without raising questions on the general principle of health insurance, to deal with the widows and orphans as fairly as I could. The Amendment which I propose to put down for to-morrow does deal with a needy class of widows and orphans and brings them within the scope of the Bill.

I am very much obliged to the right hon. Gentleman for what he has said, and, in these circumstances, I ask leave to withdraw my Amendment.

Amendment, by leave, withdrawn.

I beg to move, in page 10 line 8, at the end, to add the words:

"(4) For the words 'the date of his entry into insurance,' in paragraph ( a ) of Section five of the principal Act, there shall be substituted the words ' the date of his first entry into insurance.'"

This is a small point, which I hope the Minister will be able to meet. The Amendment is designed to meet the case of a man who has been insured for a long period of time, and then, having paid his contributions for a considerable number of years, goes out of employment and starts a business of his own. Then, through sickness or bad trade, he finds he cannot carry on business, and so he enters again into employment and remains in employment for a short time, but before he has been able to pay the 104 contributions which are necessary to meet the first statutory condition he dies, leaving his widow without any pension at all. The statutory condition in the principal Act says that 104 contributions shall have been paid "since the date of his entry into insurance," and the referees have decided that those words, "his entry into insurance," must be interpreted as being his last entry into insurance. Therefore, where a man has been first of all an employed person and then has started a business of his own, has failed and gone back to employment, and has died within the 104 weeks, he is not regarded as having paid 104 contributions since his entry into insurance. Whether or not the referees are correct in that interpretation of the Section, it is not for us to say. They have done so, and there is no appeal from them, I understand. I therefore submit that there is a hard case to be met, and that the insertion of the word "first" before the words "entry into insurance" in the Section of the principal Act will meet this case.

In the main National Health Insurance Act of 1924 there is a specific provision, based upon experience, that where any person has ceased to be an insured person, he shall, if subsequently employed within the meaning of the Act, or on becoming a voluntary contributor, be treated as if he had not previously been an insured person. That, on the whole, seems to be reasonable. The position at present is, that a person who has been a compulsorily insured person for 104 weeks on ceasing his insured employment can, if he so wishes, remain in insurance as a voluntary contributor, and now no doubt, with the additional advantages of old age pensions and so on, people will probably think twice, when they go out of insured employment, about dropping their rights and will prefer to continue as voluntary contributors. One has to remember that under the Act, so long as a man is capable of work, his insurance continues; when he is unemployed, his insurance continues for a very substantial period. Where a man goes out of an insured employment, not because there is no job or because he is sick, but for other reasons, it seems reasonable that he should be expected, if he wants to keep his insurance alive, to become a voluntary contributor.

Think what it means in terms of administration, if all the odds and ends of a person's insured life were to be counted. It becomes an utterly impossible problem-for the approved societies to deal with. Under the first Health Insurance Act they tried to keep a complete and continuous life record of insured persons, but the proposal broke down hopelessly; it was not a question of politics, but of hard facts. The thing would not work, and in 1918 the Coalition Government had to abolish the system. There are in the 7,000 societies something like 30,000,000 contribution entries to make every year. If, in addition to that, the societies are to keep alive all the people who have ever been in insurance in the past, in case they come back again 20 or 30 years hence, it will put upon them a burden which will be possible and which, of course, they will be most reluctant to bear. The safeguards existing now with regard to sickness and unemployment, and the possibility of transferring to a voluntary scheme, are sufficient protection to continue a person's insurance either for old age pensions or for widows' pensions.

I gather that there will be fewer of these cases in the future than there has been in the past. I have a case in my own constituency where the application of the Amendment would bring in the widow who is now deprived of the pension because of the interpretation by the referees that "entry into insurance" means "last entry." It is an unfortunate case, because the man had not only had good War service, but had been employed abroad 18 months as an engineer. I do not know whether it would be possible to allow, in reckoning the 104 contributions, certain weeks which were spent in an insurable industry in some part of the Empire, especially as Clause 3 has introduced that new principle in this Bill. I agree that this Amendment might mean a tremendous amount of work for the various societies, but I do not think that, solely on that ground, such cases should be ruled out, because so many people are getting benefit under this Bill when no contributions have been made whatever. It is particularly hard in the case of a man who goes abroad, and whose number of contributions may well be 200 or 300, but who, simply owing to the interpretation by the referees of "entry into insurance" as meaning the last entry, is deprived of the benefit for which the man may have paid far more contributions than so many people who will receive it.

I support this Amendment because it meets a very hard class of case, of which I have met at least half-a-dozen in the last three months. Take the case of two men. One man has paid 2½ years insurance in an insurable employment. He dies, and his widow gets a pension. The other man has been for ten years in insurance. He joined in 1912 and went on up to 1922. Then he dropped out, and comes in again and dies within a year and a half. If he had lived for another half a year, his previous 10 years would have counted. Altogether he has had 11½ years insurance to his credit. It is true that there has been a gap in between, but he has been a great asset to the scheme. I am talking about an employed contributor who, after a gap of a year, comes back to voluntary insurance. Under this Clause, he is ruled out by the referee because he dies within a year and a half of becoming a voluntary contributor, it is not allowed to count his. 104 contributions as running from the first entry into insurance.

The hon. Gentleman thinks the Act harder than it is. If a man drops out of insurance through unemployment, he is deemed to be in insurance for a whole year; he remains in for at last another year. If during the year he gets half-a-day's work, the year's insurance starts all over again, and he gets his contributions paid if he is out of work. Anybody can keep their insurance alive, if they wish to do so, as a voluntary contributor, so that it is quite easy to remain in insurance. This Amendment would mean that all the past scraps of insurance would have to be counted, and approved societies have shown to the satisfaction of the Ministry that they cannot keep live records of insured persons in this way. The door is now very wide open, and this Amendment could not be carried out because there are not any records worth having by which all the scraps of employment could be counted up.

Amendment, by leave, withdrawn.

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

I want to draw attention to one important matter which I think has been overlooked. We all appreciate the magnificent work which has been done by the Minister in waiving; the test in the case of those insured persons who have been continuously insured for at least 10 years before they reach the age of 60. Those of us who have had to deal with this sort of case know how many hardships occurred because the old people could not obtain the right number of contributions in the last five years. What happens under the conditions which prevail 2 An old person may be waived the average number of contributions, but he has to be continuously insured for 15 years, because Section 8, Paragraph ( a ), of the original Act still holds good. That means that these old people are subject to the prolongation of the Insurance Act which only takes effect from year to year. It also means that week by week they have to go to the Employment Exchange and get their health cards franked, and, if they cannot go themselves, they have to get a declaration signed by an insured person and duly attested by a responsible person every week as alternative evidence. I suggest that these old people ought to be absolved from all responsibility after they reach the age of 60. I hope that some day it will be possible to give pensions to these people at 60; I know that that day has not yet arrived, but in the meantime, let us see that, after they have had their cards properly filled up to 60, they should be absolved from further responsibility. The Minister will find Amendments down in my name on this question, but I did not wish to take up the time of the Committee by moving them. It would be simple to omit Section 8, paragraph ( a ), from the original Act, and allow these old people to end their days in peace without having to go to the Exchange.

May I ask the Parliamentary Secretary if she could give us a simpler interpretation of Subsection (1) of this Clause? It will be admitted by everybody that this is by far the most difficult Clause. I do not wish the hon. Lady to give a long dissertation on the subject, but I have tried, with the help of the principal Act, to understand it, and now and then have got a glimmer of its meaning, but if she could, in a few short logical, clear sentences explain the Sub-section I am certain that many hon. Members would be grateful to her.

I must ask the hon. and gallant Member first to look at paragraph ( b ) of Section 5 of the principal Act. It says there that where 208 weeks or more have elapsed since the person first came into insurance there must be an average test over the last three years. Suppose a person is 70 or 77 or some age like that. According to that paragraph, you have to take his average contribution over the three years prior to his death or to the date on which contributions ceased to be payable. We substitute two alternative dates. We say: b ) in the principal Act is that you might have to take the average contributions over a period in which you had no contributions payable at all. It is just one of those slight errors in the 1925 Act which experience has shown to be necessary.

With regard to the question put to me regarding continuous insurance, I do not think hon. Members can understand what an easy business continuous insurance is. You can have continuous insurance by one half-day's job every 18 months. You have a free year for insurance—rather more, under the Bill: a period of from 18 months' to two years' free insurance, independent of any employment qualification at all. If during this period of 18 months you get one solitary half-day's work the 18 months' grace begins all over again, and you can go on from year to year keeping in insurance. That has nothing whatever to do with the unemployment insurance question at all. This is a question of keeping in insurance.

I am just putting the points in order. If he gets one half-day's job every 18 months he continues insured whether or not he has satisfied any test with regard to genuinely seeking work. You get a further year if you can show that in the opinion of the Department not that you are "genuinely seeking work" but that you are "available for employment" and unable to get it. That test has been applied by the Ministry. Personally I do not remember having had one case, and there have been very few cases indeed where a person who really is looking for work has not got this sanction. If you have that, you can have another year, even if you have not got one day's job; so that it is almost impossible to drop out of insurance if you can show any proof that you are looking for work.

Oh, no. I hope the hon. Lady will forgive me for interrupting, but, although I have had no experience in England, I have had considerable experience in Scotland among persons about 64 years of age or verging on to 65. The hon. Member for Hamilton (Mr. D. Graham) and I have appeared not once but many times at the tribunal, and our applications have been refused because people could not come within the test of availability for work or genuinely seeking work.

That is a completely different test. "Genuinely seeking work" is not one of the tests under the Ministry at all.

But I have been there. At the Scottish Board of Health I have met the Scottish Board of Health's solicitors and that is the one test that I have had to prove. Let me give you one illustration which comes to my mind, the case of a man who was a cooper. I had to go to various employers around the City of Glasgow and get from them lines to show that that man had called on various occasions looking for work. Even then I had to go before a sheriff, and a Board of Health solicitor appeared and opposed my application for a man who had been genuinely seeking work. That is only one of many cases which come to my mind at the moment. The hon. Member for Bridgeton had a case of a man 64 years of age who had been refused his old age pension because he could not show to the Department that he had been genuinely seeking work over a period of years. He has been out of work over five years, not an uncommon period in our district with men at that time of life. For five years has has not done a stroke of work and because that man did not sign at the exchange—and if he had signed at the exchange they would not accept it, because the man got nothing from the exchange—he could not get his pension.

"Genuinely seeking work" is a technical qualification. That is not the condition laid down by the Minister of Health.

When the hon. Lady says "laid down by the Ministry of Health" does she mean laid down by the Act of 1928?

I mean that administratively they do not use the words "genuinely seeking for work." They use the words "available for employment." It is a difference. I want the hon. Member to listen to me. My point was that "available for work" is a different thing from "genuinely seeking work." What happens is this. The usual thing is to go to the Employment Exchange and get a card franked. You can get your cards franked where you register for work and declare that you are available for work and have not got it. The franking of the card is not dependent upon a man genuinely seeking work. Unemployment pay is; but the franking of the card is not. That is why I made that distinction. If after the man is rejected as not genuinely seeking work and the usual declaration is made, then, if the official is satisfied that the explanation is bona fide, he will continue to frank the card. In cases where the card is not franked, the unemployed person can submit to his society alternative evidence such as the signature of employers, and so forth. Finally, there is an appeal to the referee. All that makes it extremely difficult for a person to fall out of the condition of insurance.

There are cases of men with four or five years unemployment who would fall out under these conditions. The estimate is that there would be about 30,000 men who would fall out of insurance altogether on the 1st of January if this Bill passed without anything else being done. Representatives of men in the depressed areas who have not had any work for four or five years are quite right in saying that this Bill would not help them. Those are the very worst cases. Those are the men who are the real victims, the martyrs, of the social system. They have not been forgotten, but their case is so hard that if the statutory conditions were relaxed to cover their case it would leave us almost with no statutory conditions at all. The Minister finds, however, that under the Act he has power to make regulations dealing with such cases. Regulations have been negotiated with the approved societies and we have every hope that within a few days those regulations will be passed through all their stages, and they will in effect mean, not technically, but actually, that the Prolongation of Insurance Act will be practically in force for another year. The approved societies have met us on these points. I cannot yet give those regulations to the House, as there are further stages to be gone through, but I think hon. Members may take it from me that the hard cases of these men will be met by the Regulations which are in course of being drafted and which will, I hope, very shortly be published.

I hope that with this explanation hon. Members will be satisfied. Hon. Members were perfectly right in their anxiety about those men and in saying that in this Bill there is not any particular hope for men suffering from long unemployment— that they would go out of insurance if nothing were done for them when the Prolongation of Insurance Act comes to an end. Those cases can be dealt with by Regulations. It is considered better to deal with them by Regulations rather than to put their case within the four corners of an Act of Parliament.

When the hon. Lady refers to Regulations being made for people in the necessitous areas, I take it that she is not specially referring to those scheduled as necessitous areas, but that they will cover the case of any man in any district who has not been able to get employment for three or four years?

They are the people, roughly speaking, who come under the Prolongation of Insurance Act; but outside those distressed areas there are very few places where a man cannot get a job once in 18 months. Those cases, as everybody knows, arise in the totally distressed areas. There are only about 30,000 of them—plenty from the human point of view, I admit, but a very small number having regard to the whole class of insurable people. To make an Act of Parliament suitable for them would be to make an Act of Parliament much too wide for the ordinary class of insured person, and those most distressing cases are to be dealt with by Regulations.

May I ask whether the Regulations will be laid upon the Table of this House, so that we may all have an opportunity to investigate them before they come into effect?

Yes, certainly. We have no power to make Regulations under this Act and keep them in the cupboard.

7.0 p.m.

I am much obliged to the Parliamentary Secretary. I merely rose to ask her for some slight explanation of Sub-section (3). I apologise that, owing to fog, I was not in my place to move my Amendment to leave out this Sub-section. I found great difficulty in understanding why it is in italics. Presumably it must impose some charge on the Exchequer, but I cannot see why the provision that certain contributions which are paid after a certain time are not to be taken into account under Section 8 of the original Act, which says that—

The one to leave out the Sub-section, of which I want some explanation. I find some difficulty in ascertaining why the provision that contributions after the age of 65 are not allowed to count for the purposes of this Act under Section 8 of the principal Act— should, in fact, impose a charge on the Exchequer. I should also like some explanation of paragraph ( b ). When I first read it I could not understand it at all, but, after careful study, I found that the words which are to be substituted in the proviso refer to the previous part of Sub-section (3) and not to the proviso in Section 8 of the original Act. It is extremely hard to follow the legislation laid down in this Clause. I am sure the hon. Lady will be able to make it clear, but, seeing that this Act is to be admin- istered very largely by friendly societies, who are not necessarily very highly trained in the work of interpreting this legislation by reference, I hope that when the Act comes on the Statute Book there will be some more clear explanation, so that they may know exactly what their rights are.

I rise to ask the Parliamentary Secretary if she cannot reconsider her decision. She says there are only 30,000 affected. What is to keep her from saying that those 30,000 should get their old age pensions? We have to carry them on the friendly societies for another year's prolongation, and then, at the end of that year, for another year's prolongation and so on. Why cannot she give these 30,000 people their old age pension? What is the reason? If there are only 30,000, that is all the more reason why it should be given. Her Parliamentary Private Secretary used to write articles to the weekly papers saying that the Tories had refused it. If they were in now, she would be writing saying that these Tories had refused the 30,000 a pension. Why leave them at the mercy of regulations which are only to carry them on for a year? After all, with all her optimism, she is not sure of being there for the rest of her life. The consequence is that by a stroke of the pen she is leaving those 30,000 old age pensioners to the tender mercies of the Tories in future.

Why should she not amend the Act of Parliament so that they get their old age pension? At the last Election everyone on this side of the House told them they would get their old age pension. They are insured people, but, because they have been five years out of work and need their pension most, we are not going to make it compulsory for them to get it. What are the difficulties? I am amazed and absolutely shocked at the impertinence of the hon. Lady when she says: "There are only 30,000 of them; we will make some sort of regulation which will last for a year," and then expects me to be satisfied with that. I am not satisfied and, if she were an old age pensioner, she would not be satisfied either. Surely the smugness of it shocks one. Even if the regulations are made, that does not mean that the 30,000 will get the pension; it only means that then they had to prove that during a period of years they were genuinely seeking work. At 65 years of age, when everyone here, even the Lord Privy Seal, is telling them that one of the methods of solving unemployment is to take the old people out of industry, we are going to say to them, "Unless you can go back five years and prove you were genuinely seeking work, there is no old age pension for you."

That is our attitude to 30,000 people under these regulations which run only for a year. Why not say to them, "You have been insured, you have tried to get work, you are as good a citizen as anyone else and we intend to see that you get your pension"? It cannot be said that the old age pension is too much. I remember an hon. Lady below me telling me at Brighton, that if she did not get more than £400 a year, she would have to leave Parliament. 10s. per week does not compare with £400 a year. If £400 is not enough for one person, 10s. is not extravagant for another. It cannot be on the ground of extravagance and the Lord Privy Seal would not say that 10s. a week is demoralising. Why cannot the Minister and his Parliamentary Secretary say that they will give these 30,000 their old age pension? They say, of course, that this Bill is a big improvement on the other Bill. No one denies that. After all, the Tory Bill, was an improvement on no Bill, but we attacked it all the same. If this Bill does not give the old people the pension they are entitled to, we are justified in attacking it.

I have been to the tribunal where the old people are supposed to go. The sheriff sat at one end of the table, and I had to go back with the man for five years and show that he was looking for work. Then I had to show why he did not sign at the Employment Exchange. It was because he did not get any money. Then he had to show where he was looking for work. The Scottish Board of Health was so anxious to prevent the applicant from getting the money that they sent a solicitor there to prevent him getting it. That is what happens at the Court of Referees. They send a solicitor there to make it so easy for the man that he cannot get it. I appeal to the Parliamentary Secretary to say that these 30,000 are to get their old age pension. The argument cannot be that they have not paid for it. The Government have brought in widows who have not contributed, while these men, who have contributed far more, are being ruled out. I ask her to say that she will do this meagre, tardy justice to these 30,000 old people. If she has done nothing else, she will have earned the praise of these 30,000 old men who ought to get their pensions at the earliest possible moment.

The hon. Member who has just sat down asks two things. He asks for an assurance that these 30,000 men should—

They will get their pension—such as have turned 65—if arrangements are made to prolong their insurance. We are more concerned about these men not being hurt than about any other class of persons. The whole quarrel between the hon. Member and myself is whether we should do it under the Act or under regulations. Our reason for doing it under regulations is that, these being exceptional cases, we have to treat them exceptionally. They are not normal at all. Someone said they were a small number. They are much too large for anyone who looks at our civilisation to look at with comfort; but they are a very small proportion of our insured population. If you had anything easier than the tests we have laid down, you would let in the whole body. The proper way is to deal with these exceptional cases exceptionally, and, therefore, we are dealing with them by a regulation and, when hon. Members see the regulations, they will see that we have taken care of these 30,000 and that at the age of 65 they will get just as good pensions as anybody else. They will not quarrel with us as to whether we give them their pensions under regulations or under the Bill. It is a mere matter of administration and there is no human interest in it. It is absurd to say that they will be thankful if they get the pensions under the Bill and angry if they get them under a regulation. We propose to prolong their insurance by a regulation so that such as have turned 65 next year will get their pension.

Now I turn to the inquiry as to the meaning of Sub-section (3) of Clause 6 of the Bill. I have already spoken on this point in answer to the right hon. Member for Edgbaston (Mr. Chamberlain). It was the belief of the Department and the belief of the House that contributions for the purpose of old age pensions paid after death could not be taken into account. We then had the judgment of the Lord Chief Justice in the Taylor case, but the Lord Chief Justice, in explaining the matter, left the door so widely open that the approved societies could not really understand what he meant. He said that, provided there was no wilful negligence, all contributions ought to be reckoned, and, owing to the necessary vagueness of the Lord Chief Justice's determination, much perplexity and confusion has been caused to the approved societies. We desire to put the matter on a proper level by suitable Regulations which will be a proper guide for the approved societies. Therefore, in Sub-section (3), we say that no account shall be taken of such contributions at all, and provide that any Regulations made under paragraph ( e ) of Sub-section (1) of Section 30 of the principal Act shall have effect. We first of all say that these contributions shall have no effect, and we make Regulations to meet that case. It may seem a little elaborate, but that is the intention. [ Interruption. ] The hon. Gentleman can see for himself that the italics do not restrain it at all.

The. only point on which I desired information was as to whether the hon. Lady anticipates that this is likely to cause a serious charge.

I should like to be quite clear on the last point. I thank the hon. Lady for her reply, but do I understand that every person who reaches the age of 65, and who has been continuously insured up to the age of 60, if he drops out of insurance between the ages of 60 and 65, will be brought under the old age pensions scheme by the Orders that are going to be brought forward?

No, it does not mean that. I said that special Regula- tions would be made to meet the cases of people who had suffered prolonged unemployment.

Question, "That the Clause stand part of the Bill," put, and agreed to.

Clause 7 ( Amendment of s. 6 of principal Act ) ordered to stand part of the Bill.

CLAUSE 8.—(Amendment with respect to persons employed in excepted employments.)

I beg to move, in page 11, line 14, at the end, to insert the words:

"(2) In determining for the purposes of Sub-section (5) of Section fifteen of the principal Act whether a person has been employed in an excepted employment to which that section applies, and whether contributions would have been payable in respect of him had he continued to be so employed after the commencement of the principal Act, employment in Ireland before the first day of April, nineteen hundred and twenty-two, in respect of which a certificate was given under paragraph ( b ) or ( c ) of Part II of the First Schedule to the National Insurance Act, 1911, shall be treated as if it had been employment in Great Britain."

This is a small Amendment to put right the intention of the Act of 1925. It is required in order to enable people now resident in Great Britain to become voluntary contributors on the ground of excepted employment in what is now the Irish Free State before the severence of the British and Irish Health Insurance systems, that is to say, before the 1st April, 1922. It was intended that civil servants employed in Ireland prior to that date who were excepted persons should have the right to become voluntary contributors under the Act; but in the principal Act, unfortunately, the wording was such that they were accidentally omitted. The words of Sub-section (5) of Section 5 of the principal Act are:

"….(not being a …. person in respect of whom no contributions under this Act were, or would had he continued to be so employed after the commencement of this Act have been, payable …."

The words were intended, as I understand, primarily to protect the right to voluntary insurance in totally excepted employment, as in the case of the police, for whom separate provisions have been made; but, as the principal Act did not apply to Ireland, it followed that no contributions would have been payable by people in excepted employment in Ire- land if that employment had continued until 1926, because they were then in the Irish Free State, and, consequently, were outside the actual wording of the Bill. On the other hand, persons who had been insured under the National Health Insurance Act in respect of their employment in Ireland in the Civil Service before the severence and subsequently became resident in Great Britain were entitled to be voluntary contributors under the principal Act. The Amendment, therefore, elaborate though its wording is, simply carries out the principle of giving to excepted persons, who would have been insured under the Act then in force but for the fact that they were given a certificate of exception, the same right to voluntary insurance as other insured persons. This really gives to a very small number of civil servants the rights which are enjoyed by the rest, and which it was thought they enjoyed under the Act of 1925, but which it was found had not been covered by that Act.

Amendment agreed to.

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

I should be glad of a short explanation as to the exact effect of Sub-section (1) of Clause 8. As Members of the Committee will be aware, paragraph (iv) of Sub-section (1) of Section 9 of the principal Act provides that persons in excepted employment shall pay the ordinary rates of contribution, but the First Schedule to that Act lays down lower rates of contribution in certain cases where the Minister is satisfied that the persons in such exempted employment or their wives will receive a scale of pensions not less favourable than the ordinary old age pensions conferred by the Act. I am not clear, however, as to what would be the effect if, their rates of contributions having been reduced as specified in the First Schedule to the principal Act, they ceased to be employed in exempted employment, and I do not quite understand how that fits in with Subsections (3) and (5) of Section 15 of the principal Act. It looks to me as though persons who had ceased to be in excepted employment would be treated as though they were still in it. I am sure that that is not the effect, but it is not at all clear.

As I understand it, the question raised by the hon. and gallant Member is really one of the interpretation of Sub-section (1) of Clause 8. That Sub-section is a little complicated, but it has been incorporated in the Bill —and this is another quite minor point-really to remove doubts which have arisen under Sub-sections (3) and (5) of Section 15 of the principal Act. It relates to persons who have left excepted employment, or who, having remained in excepted employment, have passed above the salary limit, and they get their free pensions here under the National Health Insurance Acts. There are some people who remain in the same excepted employment, but, owing to changes in their terms of engagements, or, it may be, in the policy of the authority that employs them, are liable to pay some of the pensions contributions which they previously had to pay. There are, of course, various cases of this type. The first is the case of reduction from full pension contributions to widows' and orphans' contributions only. The second is the case of full pension contributions, followed by complete exception if they go out entirely, and another case is that of widows' and orphans' contributions now payable which, under changed conditions of employment, might be followed by complete exception. The idea of the Sub-section is to secure that in each of these cases there shall be the same right to voluntary insurance as if the employment had ceased altogether.

May I ask if it is the intention that in the case of excepted employment, where people may desire to remain in excepted classes for the purpose of insurance, they will be able to come under this Measure and pay voluntarily either full contributions or contributions for pensions only? There is a class of people who have been excepted under the National Health Insurance Act, and who would still desire to be excepted but for the fact that this Measure will provide pensions. Do I understand that, in so far as pensions apply, they can pay a pro rata voluntary contribution?

No. This is simply intended to clear up the law as it was left in 1925, and is for no other purpose. Where a person in excepted employment and coming within the scheme may find himself in difficulties because, for reasons outside his own control, the terms of his employment have changed, we desire that he should not be prejudiced. This provision will not bring within the scope of the Bill any large number of new persons.

Question, "That the Clause, as amended, stand part of the Bill," put, and agreed to.

CLAUSE 9.—(Amendment of Sections 18 and 19 of principal Act.)

I beg to move, in page 11, line 26, to leave out Subsection (1).

I move this Amendment really to raise a point on which I have heard a certain amount of doubt expressed. Sub-section (1) provides that the words contained in lines 30 to 43 on page 11 shall be substituted for paragraph ( d ) of Section 18 of the principal Act, and for proviso ( b ) to Sub-section (1) of Section 19 of that Act. In the principal Act, paragraph ( d ) of Section 18 has no proviso, while Sub-section (1) of Section 19 contains a proviso ( b ). The point about which I am not clear is as to whether lines 30 to 33 on page 11 of the Bill are to be substituted for paragraph ( d ) of Section 18 of the principal Act, and the remaining lines are to be substituted for proviso ( b ) to Sub-section (1) of Section 19, or whether all of the words are to be substituted in both cases. The drafting is not particularly clear. The second point to which I would direct the attention of the Minister is that, if the whole of the words are to be substituted for proviso ( b ) of Sub-section (1) of Section 19, that Sub-section will in point of fact have two provisos. Sub-section (1) of Clause 9 of the Bill provides that

I think the hon. and gallant Gentleman must have misread it. The purpose of the Sub-section is to alter the age at which a pension in respect of the youngest child shall cease to be payable.

I think the right hon. Gentleman himself has misapprehended the point of my hon. and gallant Friend's Amendment. You have here an Amendment to two Sections of the principal Act. The two Sections are quite different, and you have two paragraphs which are to be substituted for these two Sections. The first question my hon. and gallant Friend asked was whether the first of these two paragraphs is to take the place of paragraph ( d ), and the second, to take the place of proviso ( b ), or whether the two paragraphs are to go in both cases.

As I understand it, both paragraphs ( d ) of Section 18, and proviso ( b ), of Section 19 (1) go out, and in their place there stands this provision with a proviso.

Then these two paragraphs are to go both in Section 18 and Section 19. The right hon. Gentleman says that, if that is so, there is no case of a double proviso, but he is mistaken. There is in Section 19 (1) a proviso which is divided into two parts, ( a ) and (6). It is part ( b ) which is to go out and to be replaced by these two paragraphs, one of which again is a proviso. Therefore, there is, as my hon. and gallant Friend said, a proviso to a proviso. Perhaps the Minister would now tell us what is the exact legal effect of a proviso to a proviso. Obviously, it is a very clumsy form of drafting.

The purpose of Sub-section (1) is to raise the age at which children are to be entitled to a pension.

Clause 9 (1) of the Bill is concerned with raising the age at which children's allowances are paid. Sections 18 and 19 deal with both those points. Section 19 ( b ) here does deal with this question of the age of 14. The proviso does not deal with the point at all primarily. It is true the age is mentioned, but that is not the point of proviso ( a ). The point of proviso ( a ) is the question of an additional allowance. Therefore it would be surely right that the two should stand together.

There is a further point. Section 19 deals with the pension a widow receives when over 70 at the commencement of the Act. The first Sub-section provides that pensions are only to be given if there is at least one child of the marriage, or of any former marriage of either parent, under the age of 14. It is not proposed to amend that. It still remains the case that the widow of a man whose child, as a matter of fact, is over 14 will not get a pension, but he has raised the age, as he says, in the case of widows under Section 18, that is the widow of a man who was not 70 at the commencement of the Act. He has also continued the allowance in the case of widows of men aged 70, not, as provided in the original Act, until the child is 14½, but until it is 16. So we now have the case of a widow who has a child of 14, and who will get the pension for two years until the child reaches the age of 16, and another widow, who has a child of 15, will get no pension at all while that child is passing through the period from 15 to 16, which, of course, is the same period that the other child is going through. Is not that a new anomaly?

Yes, there will be an anomaly, but it is not the only one.

Amendment, by leave, withdrawn.

I beg to move, in page 11, line 33, at the end, to insert the words a pension will be payable to a widow in respect of her child up to the age of 16 or, if the child leaves school after the age of 16, up to the date of leaving school. Unless this is done, a very serious injustice may occur. You can contrast the case of a widow with a child of 15 when working. Under this Clause she will receive a pension. Next door to her there may be a widow with a child of 16½ who is still at school and, of course, the will receive no pension. The widow with a child who is working and bringing something into the house receives a pension while the other widow who has sent her child to a secondary school, and is making a sacrifice to do it, receives nothing at all. That is a very serious injustice indeed.

We are entitled to ask the Minister why he has chosen the age of 16. Presumably it is because, normally, children will be employed at that age and bringing money into the house. But there are a number of people over 16 who are at secondary schools. There is a contract for three years' education and, generally speaking, at the end of three years the child is about 16, but the school term does not coincide with the birthday and they are often at school for a considerable period after they have reached 16. Some go on to 17 and some even to 18. It is very desirable that, if they are children of promise, their education should be continued. It is a sacrifice on the part of the parents even when the father is living, but even more so in the case of a widow. We maintain, and I am sure the Government will admit, that where a sacrifice is being made, and the child is being allowed to complete his education at a secondary school, the pension should be carried on until the education is complete.

I have tried to find out what the effect of this would be and what burden the added obligation would entail. In the Board of Education Report for last year Table 41 gives the ages of all full-time pupils at school, and I find that full-time pupils above 16 number 30,845 boys and 30,229 girls. How many of these 61,000 are the children of widows? We have no very certain information, but the statistics given by the Board of Education show that full-time pupils between 14 and 10 number 1,408,000. The 1925 Act gives pensions to widows with children up to 14. This Bill proposes to give pensions to widows with children up to 16. The Financial Memorandum shows that, as the result of this increased benefit between the ages of 14 and 16, it is expected that pensions will be revised in 18,000 cases and extended in 70,000 cases.

So far as children between 14 and 16 are concerned, it is clear that the Government calculate that 88,000 of these children are the children of widows. That is 6¼ per cent. I think we can assume that a similar proportion of children over 16 attending the schools are also the children of widows, and 6¼ per cent. of 61,000 is 3,817. I think we can reasonably say that the number for whom we should have to provide would be something like 3,800 or 4,000. Considering that these widows are often undergoing very great sacrifice to keep their children at school, and that the cases are so hard and so few, I think we may make a very earnest appeal to the Government to allow this very slight Amendment, in the interest, not only of the widow, but of the child, who should be encouraged to remain at school because he has a promise of a brilliant future.

I hope the Government will give some further consideration to this case. For my own part, I should like to carry the proposal in the Amendment a stage further. I should like provision made that in the case of a child entering a secondary school at the age of 10 or 11 whose parents should sign an undertaking that they will keep the child at school until the end of the school year in which the child attains 16 years of age. This school year ends in a secondary school on 31st July. In such a case a child born about the 1st of September would have to remain at school until it is nearly 17 years of age, or else the parent would have to break the school-life undertaking in respect of that child. It must be the desire of the Government that no child in a secondary school should be penalised merely on account of the date of its birth, or because it is the child of a widow. The Amendment we are discussing means a very great deal in securing the educational and economic future of the children who will come under it, and I trust the Government will see their way to accept it.

The Amendment asks that the widows' pensions shall be continued to the widow as long as her child is undergoing education. I feel a very considerable amount of sympathy with this Amendment, but I am sorry to say that I must resist it. There are cases which might last for a very long time. I do not know whether it is de-sired to deal in this way with every girl and boy who gets a scholarship. I know the case which has been contemplated is that of senior scholarships, and the intention is to give to promising children assistance beyond the age of 16 up to the age of 22 and 23. These are only cases of advanced education relating to very poor people. In the case of these scholarships the amount in pre-war days was £90 a year. The Government feel that in cases where the child is taken away from its mother we cannot make the concession asked for in this Amendment. Having given the widow a pension in the case of child up to the age of 16, we do not feel that we can extend that pension in order to give it to the mother under the conditions proposed by the Amendment. I fully appreciate the point raised by the Mover, and I ask the Committee to support the Government in rejecting this Amendment.

I have no intention of asking the Government to extend this provision to children up to the age of 22 and 23. Probably the Parliamentary Secretary is aware that there are a large number of widows who carry the burden of the education of their children under great difficulty. If the Government would extend the period for another 12 months, that might meet the case. Hon. Members have spoken of boys and girls going to the university up to the age of 21 and 22, but that is not the case which the Mover of the Amendment has in mind. My hon. Friend's case might be covered by an extension of the 16 years birthday for a limited period. I am sure the Parliamentary Secretary will agree that there is no more deserving class than that in which the bread-winner has been lost, and! the mother does not take the first opportunity of exploiting the boy's economic capacity by sending him out to work at the age of 15; instead of doing that she decides to continue sending her boy to school in order to make for him the best educational provision she can. Even if the additional period was limited to six months it would go a long way towards meeting the requirements of the Amendment. According to the figures which have been given the cost of the Amendment would not be very considerable. It will be recognised that we all desire to support the mother in such cases, and I think the Government ought to take some steps towards making this Amendment.

It is important to call attention to the far-reaching nature of this proposal. While it is true that the Amendment only applies to the pre-Act widow, it would be impossible to stop there if allowances were given at the age of 16 and up to the age of 22 and 23. Every argument used about the children of the pre-Act widow would apply to the post-Act widow. Once you opened this door, you would not be able to close it again, and the effect upon the finance of the scheme would not be limited to a certain number of widows as contemplated by the Mover of the Amendment. I think hon. Members, in their soft-heartedness and liberality at the expense of the taxpayer, might occasionally have some regard to where they are going. Although it is quite true that a few millions here and there will not add a very large amount to the excessive cost of this Measure, I hope hon. Members who are supporting an Amendment of this kind will remember that they are representatives of the taxpayers, and that they are bound to pay some attention to the interests of the taxpayers as well as to the inclinations of their own generosity.

I want to ask for some further information on another point. The Parliamentary Secretary was disposed to be impatient with me for raising what she called a small point. We find people outside this House throwing stones at the legislature for carelessness in drafting Acts of Parliament, and I think it is due to our own dignity that we should try to make our Measures as clear as possible. The first Sub-section of this Clause is not clear, and I am not quite certain what it means—

I am afraid that we cannot deal with the point raised by the right hon. Gentleman at this stage. It will be more appropriate to raise it on the question "That the Clause stand part of the Bill."

I cannot possibly accept the Amendment, but there is one point on which I will confer with the Minister of Health, and that is the birthday case. The age of 14 has an entirely artificial meaning in education; it means the end of the school term on which a child attains the age of 14. If that is what is meant in the Amendment, it is possible that the Government might consider the question of adopting the same artificial birthday as that which the Board of Education recognises. I do not make any promise, and I am not in a position to make a promise. I will, however, submit the matter to my right hon. Friend to see if we can meet the Amendment. Further than that I cannot go.

I put my Amendment down on the Paper to meet cases on the border line which have been brought to my notice. I beg to ask leave to withdraw my Amendment.

Amendment, by leave, withdrawn.

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

The point which my right hon. Friend the Member for Edgbaston (Mr. Chamberlain) wished to raise was as to the insertion of the word "also" in Sub-section (1), which then would read:

"and also for proviso ( b ) to Sub-section (1) of Section nineteen of that Act."

Perhaps the Parliamentary Secretary will consider that point.

Question put, and agreed to.

Clause 10 ( Disqualifications, &c. ) ordered to stand part of the Bill.

CLAUSE 11.—(Residential qualification in case of certain pensions.)

8.0 P. M.

I beg to move, in page 12, line 29, to leave out the words "Great Britain," and to insert instead thereof the words:

What on earth is the reason for placing this restriction on widows? A widow may have gone, and quite properly gone, to the Irish Free State to join a relative. If so, she could not have been resident in this country on the 25th day of July, 1929, and she is henceforward, for the rest of her days, deprived of a pension, and, I would remind the hon. Lady, of a pension which theoretically at any rate, is based on the contributory principle, because what has this lady to do in order to get that pension? By Clause 6 of this Bill she has to show that she is the widow of a man who, for three years before his death, was registered as a member of an approved society, or that his occupation was, at some time within the said period, employment in respect of which contributions under the principal Act would have been payable if that Act had been in force. She has to show that her husband fell within the insured category, and that he would have been insured for the purposes of this Act if this Act had been in force. She satisfies the pension authority upon that point, and then the pension authority says: "That is quite all right, but unfortunately on the 25th day of July, 1929, you were in the Irish Free State; you were visiting a relative there; and, although in all respects you come within the ambit and the intention of this Act, you are thrown out." Then the widow says: "But under another Clause of this Act you are extending to every insured person in the dominions the right to draw a pension there." Why should you penalise this poor woman?

What is the object of inserting a Clause of this kind? It seems to me an entirely mean object. It has no justification in common sense, and is not in accordance with the rest of the provisions of this Bill. I venture to hope that a Committee of this House of Commons which is interested in Imperial affairs, and is interested in treating the whole of the Empire as one unit, will approve this Amendment, and, if it cannot strike out this Clause altogether, will at any rate allow this woman to have been on the 25th day of July, 1929, resident in the Irish Free State or in Canada or anywhere else where she may have herself preferred to be.

I am extremely sorry that I cannot accept this Amendment. The hon. Member for Devonport (Mr. Hore-Belisha) is a very old and experienced debater, and I often wonder at the extreme attractiveness and plausibility with which he clothes an argument which in other hands would fall to the ground at once. He says that these people are contributors. I ask him to consider whether that is a description which can be applied to the people with whom we are dealing, the husbands of none of whom have ever paid a penny towards widows' pensions; and by Clause 1, Sub-section (1 a, ii) we are bringing in the widows of persons who have not paid a penny to National Health Insurance in any way at all. They are absolutely and definitely non-contributory. Does the hon. Member really want to see every widow who has taken up her residence in the Colonies and has lived there for perhaps 30 years, coming back to get a pension? Do we want to see lots of widows alighting in England to claim pensions, and then winging their way again to the other ends of the earth? I really do not see how we can give pensions to widows who have settled away from England. Widows who have settled away from England are not included in this Bill. Per- haps they left the Motherland very early in life. We do not propose to give them a pension in respect of their husbands, who, it may be, died 40 years ago, although at that time in an insurable occupation. We could not do it.

The hon. Member for Devonport said that they might be away for a holiday. Why for a holiday? You can be away for a holiday and yet be resident in Great Britain. If that were not so, we could all escape our Income Tax by the mere fact of going abroad for our holidays. I think this is straining it much too far. Other people have criticised us for spending, they say, too large a sum of money upon the widows. These are widows who have left Great Britain and have taken up their residence out of the country. We cannot treat them as widows for the purposes of this Act. We allow old people to qualify and to take their pensions away with them, but to go all over the world and collect widows for the purpose of giving them pensions is more than we can possibly do.

I hope my hon. Friend the Member for Devonport (Mr. Hore-Belisha) will have regard to what I think were the weightiest remarks that we have yet heard from the hon. Lady in connection with this Measure. She has pointed out, what perhaps the hon. Member for Devonport does not realise, that these people are getting free pensions and are making no contributions at all. No doubt he will have regard to the fact that the word "resident" in this connection, at any rate in accordance with legal decisions, is not affected in its meaning by temporary absence from the country. When you make a free gift of this kind to a particular class, chosen, as we know from these Debates, for no particular reason—chosen simply because they are over 55 years of age and are widows— there must be some limitation; there must be some condition laid down in that particular respect. If no condition of this kind is provided, as the hon. Member says, we shall be opening the whole of these free gifts to anybody who likes to come over to this country for a period of a day, or two or three days; and then they will sail away with a 10s. per week pension, "free, gratis and for nothing."

No doubt the hon. Member for Devonport, who has given such time and attention to this Measure—and who no doubt will explain on the Third Reading the motives which have animated him all the way through these Debates—will realise that when you make free gifts of this kind, there must be some limitation upon them. The Parliamentary Secretary to the Ministry of Health herself has explained with some force that after all, even with the Socialist Government and even in a matter of this kind, there must be some limitation. Knowing, as I do, the determination of the hon. Member for Devonport to fight Socialism in every quarter and in every shape, I hope he will see that there is good reason, as has been said even from the Socialist Front Bench, for making a restriction of this kind. There are few enough limitations in this Bill, and I hope the hon. Member will realise that to say that a widow must have been resident in Great Britain on a particular date, and

When there is an alliance between the Parliamentary Secretary to the Ministry of Health and her predecessor, one may suspect indeed that there is some serious plot against the community in this Amendment. Now that the hon. Lady sees who her friend is, T hope that that she will give me this Amendment; because she knows the object of the right hon. Gentleman the Member for West Woolwich (Sir K. Wood). My object throughout this Debate has been entirely different. I have been trying to assist the Government to carry out some of its pledges. The right hon. Gentleman would need to be carried out on a stretcher if the Government endeavoured to implement the pledges which they gave—

May I be permitted to say that it would of course be attempting the impossible.

That would be one of the reasons; but another reason is that he is such a good custodian of the taxpayers' interests that he cannot bear to allow anything to be done on humanitarian grounds. What is this notion which the Parliamentary Secretary has, a notion which is shared by my right hon. Friend the Member for West Woolwich, that if this Amendment were accepted, there would suddenly be a tremendous uprising of widows all over the British Empire, and every liner would be engaged at enormous expense to come back here full of widows—

that they would come back here at enormous expense on "the widows' 'cruise'"—as my right hon. Friend says—that they would engage every available berth on every available liner, in order to get 10s. per week. Is not the idea perfectly preposterous? The hon. Lady knows as well as I do that the kind of case which this Amendment is intended to cover is that of the widow who has gone to the Irish Free State in order to be with her son, perhaps, or with some other relative; she has been away for two years, and she decides to come back because her son or relative in the Irish Free State has died and she is left in poverty. She is in the position of saying, "My husband belonged to the insurable class. Any other widow who can show the same would get a pension, but merely because I was not resident here at a certain date, but was away for two years, you are not going to allow me to have the benefit which the widow next door is having, who is in exactly the same category as myself?" In view of the sentiments to which we often give expression in this House—Imperial sentiments, the sentiment that we do not desire to draw a distinction between one part of the Empire and another—and in view of the extraordinarily few widows who can possibly benefit by this Amendment, I do appeal to the hon. Lady to give my widows the same benefit that she has given to her men under section three.

The hon. Member for Devonport (Mr. Hore-Belisha) has been concerned with the widows of the Irish Free State. I am concerned with the widows of the Isle of Man, which is getting a little nearer home. I want the hon. Lady, before the Debate concludes, to say why a woman from Lancashire who has gone over to the Isle of Man after the decease of her husband, should be deprived of her pension, while if she went to Blackpool or to Southport she would receive her pension. I should like the hon. Lady to consult with the hon. Member for Gorton (Mr. Compton) upon that question of the Isle of Man. There are a great many widows who go there, and it simply shows the absurdity of drawing these distinctions. The Isle of Man, the Irish Free State and all our Dominions are in the same category. The expense is not going to be much, and I hope the Government will be Imperial enough to "down" the little Englanders who now sit on either side of the House.

The Isle of Man has Pensions Acts comparable to those which we have passed. We have reciprocal arrangements with the Isle of Man, and His Majesty's Government have every hope that the Isle of Man will do, with regard to this Act, what has been done with regard to all the previous Pensions Acts. The Isle of Man and Northern Ireland have introduced every one of the Pensions Acts we have passed, and there is no reason to doubt that the Isle of Man will do any different on this occasion.

Amendment negatived.

I beg to move, in page 13, line 1, to leave out Sub-section (3).

Sub-section (3) says that in respect of persons whose insurance pensions are payable under that particular Statute. The purpose of this Amendment is to ask for an explanation of the reasons which have animated the Government in repealing these particular residential qualifications. Under Section 23 it is provided that—

As the right hon. Member has said, under the principal Act one of the conditions giving the title to pension is that the person shall have lived in Great Britain for two years preceding the date. The insurance tests for a contributory pension can really be satisfied in the case of a person who is outside Great Britain. As anyone will see, the provisions of Clause 3 allow for a continuance of voluntary insurance. We do not think it necessary to impose a residential qualification for contributory pensions at all, but we do think it necessary to impose a certain residential Clause for non-contributory pensions. We ask in that case that the person receiving a pension shall be resident. If you once grant, as we have under Clause (3), the right of voluntary contribution, it is perfectly plain that you must alter the residential test. We, therefore, remove the test for contributory pensions, but we retain it in the modified way that I have explained with regard to non-contributory pensions.

I do not think that that takes the matter very much further. Why there should not be the same residential qualification for a free gift pension I do not know. Certainly the position is modified under Clause 3. We must have regard to the fact—and I appeal to the hon. Gentleman the Member for Devonport (Mr. Hore-Belisha)—that after all these pensions are given without any contributions at all. This is a matter which requires a little further consideration. Why is it that the same conditions should not be applied to these free gift pensions, as we may call them, as to those persons who have to be compulsorily insured. The hon. Lady has not been very precise in that particular respect. I think there is a good deal to be said as to why we should not avoid what undoubtedly will be regarded generally as an unfair position in regard to the people who have to pay. I hope that the hon. Gentlemen who sit on the Liberal Benches will have regard to this particular side of the matter, because the difficulty in all these matters is that the Government of to-day are endeavouring to impose, alongside a contributory scheme, a non-contributory Measure, and we want to avoid all these anomalies and injustices arising out of matters of that kind. The right hon. Gentleman the First Commissioner of Works, whom we are glad to see away from the parks this evening, is amused at this statement, but he might well devote himself to this aspect of the matter.

There will be people in Poplar, no doubt, who will come and say "Why should I who have to pay towards a contributory pension be in a different position from people who get free gifts of pensions?" I hope that he will apply himself during his few moments of leisure to considerations of that description.

Really the right hon. Gentleman is quite beside the mark. Section 23 of the principal Act says that the right to a pension shall not arise in respect of the insurance of any person, unless that person, either at the date of his death or at another date had been resident in Great Britain for two years prior to that date. If the right hon. Gentleman will look at Clause 3 he will find that it gives certain rights of insurance to persons in the Empire. It says that persons resident in the Empire may, under certain circumstances, remain voluntary contributors, and that Act was passed with almost universal applause. We have said, in Sub-section (3, b ), that insured people shall be deemed to be insured for a certain period, and we have said in paragraph ( c ) that insured people who leave Great Britain may continue to be voluntary contributors while they are within the Empire. How can we, having said that, re-enact Section 23? The two things are quite contradictory.

Amendment, by leave, withdrawn.

Question, "That the Clause stand part of the Bill," put, and agreed to.

CLAUSE 12.—(Amendment with respect to double pensions.)

I beg to move, in page 13, to leave out from the word "shall," in line 7, to the end of the Sub-section, and to insert instead thereof the words

Let us consider what is involved if my Amendment is not carried. It will mean that a civilian woman whose husband is employed in industry may lose her husband in consequence of an accident. She will get compensation under the Workmen's Compensation Act, and she will get a pension under this Act, both for herself and her children; but if she is the wife of a service man who is killed on duty, under exactly parallel circumstances, that woman cannot get a pension from a service department and a pension under this Bill at the same time. I submit that that illogicality cannot be intended to be perpetrated, and I hope that the Committee will not allow it to be perpetrated, because it is manifestly doing a great wrong to service men. I do not think there can be any answer on that point. A civilian woman may lose her husband, whilst he is engaged in industry, in consequence of a crane falling upon his head. That woman will be able to get workmen's compensation and a pension under this Bill, but in the case of a sailor who is killed by a crane falling upon Ms head, in exactly the same circumstances, this Bill says to the widow: "You cannot get a pension in respect of your husband from a service department, and at the same time get a pension under this Bill." That is unfair and unjust.

This question was fully discussed when the Act of 1925 was before the House. In the case of service widows, their claims were assessed at the conclusion of the Great War, or during the Great War, and their pensions were fixed on what was considered to be a special scale. They were placed in a position a great deal better than we are placing any civilian widows under this Bill. They received, if they were over 40 years of age, or with children, 26s. 8d. a week pension, while if they were under 40, and without children, they received £1 per week. The allowances for children were on a far more generous scale than anything in this Bill. When the country was considering the claims of the widows of men who died in the War, they fixed the pension at, broadly, sufficient to put these women in a decent position for the rest of their lives. That was done quite independently of any insurance, and before we had widows' pensions as a whole. When the subject was much debated in 1925, the service members, I do not blame them, pressed the case very strongly, and the Government then made the concession of not counting the pension of a son. Those who spoke more particularly for the Army expressed themselves satisfied with that provision.

We are now extending the provision to cover not only son, but step-son. I think that is as far as the Government can go. I would again emphasise the point that the case of these particular women was considered not with regard to contribution, not with regard to anything they had done, but simply with regard to the services that their husbands had rendered to the country during the War, and I do not think there is any reason why we should give to them an additional pension, simply because we are dealing in this Bill with those who are civilian widows. We thought that those who represented the soldiers were satisfied and that the soldiers were satisfied. We do not see any particular reason in this Bill for putting up the benefits for these widows, because we are giving other women a very much smaller sum. I do not see any reason in justice to do that, and I would ask the Committee to be satisfied with the little addition that we have made in counting a step-son as a son for the purposes of this Act.

I only rise to make one observation and that is that the Parliamentary Secretary is getting better and better in her expositions of this particular Measure. I well remember the Debates on the Act of 1925, and the hon. Lady is perfectly correct in saying that we gave considerable attention to it. Our proceedings were adjourned in order that the late Minister of Health might consider what might be done in the circumstances. The next day he was able to announce the further concession, to which the hon. Lady has alluded. I am glad, indeed, that she has been converted to the views which we put forward in 1925, but I do not remember that she expressed them so forcibly as she has done to-day.

I am very sorry, but I must recall the attention of hon. Members to the fact that I was out of the House at the time.

In that case, the hon. Lady is consistent in spite of the fact that she was absent from the Debate in 1925. I hope the hon. Member for Devonport (Mr. Hore-Belisha) will be satisfied in having brought forward this proposal. If he does not go any further, he will be able to go back to his constituents in Devonport and tell them that he has been able to commend the proposal to the Committee of the House of Commons in his speech. The reasons which have been advanced by the hon. Lady are an echo, perhaps a faint echo, of the observations made by the right hon. Member for Edgbaston (Mr. Chamberlain) two or three years ago, and I have no doubt, with these two statements before him— one by the late Minister of Health and the other by the Parliamentary Secretary to-day—that the hon. Member for Devon-port, brave and courageous as he is, will go no further with this particular proposal.

The right hon. Member for West Woolwich (Sir K. Wood) has taunted the hon. Member for Devonport (Mr. Hore-Belisha) with not going far with his Amendment. In this case, if it is possible, I shall certainly carry it to a Division. The hon. Lady the Parliamentary Secretary says that great attention has already been given to this matter, but she forgets that these pensions, which were started on one-halfpenny basis, were increased to a three-halfpenny basis. The widow of a service man who is killed on duty cannot receive a civil pension; the widow does not receive the pension for which the man has paid, and compulsorily paid during the whole time he was in the service. I am glad indeed that the widow of a civilian is to have both pensions, but there is no comparison between a civilian who by misfortune is killed in the execution of his daily labour and the man who gives his life to his King and country, and who has been obliged all these years to contribute compulsorily towards his pension. The pension which a widow gets from the Admiralty if she is under 45 is 10s. 6d. a week, and the pension she ought to get under this Bill is 10s. per week. If the civilian widow can receive a lump sum of £600 if her husband is killed—

There is hardly a man in this Committee who will say that the widow of a man who gives his life to his country should not receive equal benefit. Personally, I can see no reason for it. There is no reason why the widow of a service man should not get the pension for which her husband paid. There is no escape from that position. The contributions have been paid, and she is done out of the pension to which she has a right. If I can take this to a Division, I most certainly shall do so. It is an act of common justice and simple fairness to these widows. A widow has every right to the pension for which her husband has paid, and there is no other class of widows in the land who do not receive the pensions for which their husbands have paid. The fact that the man is in the service, instead of being a workman, should surely not weigh against him.

May I congratulate the Parliamentary Secretary on her new-found zeal on behalf of the taxpayer? I agree with her arguments about the widow of a man killed in the War, but she did not quite answer the question put by the hon. Member for Devonport (Mr. Hore-Belisha) about the widow of the serving soldier. It may be that they do not come under this Bill. Perhaps she will explain to the Committee why the widow of a serving soldier killed by accident does not get a double pension while the widow of a civilian does?

I should like to support the plea put forward by the hon. Member for Devonport (Mr. Hore-Belisha) for the inclusion in this Bill of this class of case. In service towns great hardship has been occasioned because men who have occupied honourable positions in the Service have not been able to keep their families in comfort, because of an accident which has overtaken them. An accident occurred the other day on His Majesty's Ship "Devonshire" and also on a submarine, by which the breadwinner was taken from the family, leaving them in very reduced circumstances. In the case of an ordinary workman in the dockyard compensation is paid and the widow also receives a pension, but in the case of the Service man the widow does not receive a pension. I certainly think this is a case which requires consideration. This Bill is designed to get rid of the anomalies which were created under the last Act. No greater anomaly exists than this anomaly in the case of the Service widow, and they have felt it very much, that because their husbands have been taken from them they should only receive the meagre pension from the Admiralty when they should also be able to receive this pension as well. The Minister will be acting very wisely if he will look into this question and do something to minimise this grave injustice.

I have a letter here which I received from the widow of a man who lost his life in the recent gun explosion on His Majesty's Ship "Devonshire." She explains the circumstances under which she is now living. They had entered into an obligation which meant that a large part of the pension she is now receiving goes to meet that obligation. She tells me of the privation which she is experiencing at present and, even with the act of justice which this Measure will confer, that widow will still be in a state of privation. I submit that the Minister will be acting wisely in giving consideration to this question. The hon. Member for Portsmouth (Sir B. Falle) said he was prepared to go into the Division Lobby on this matter, which represents a revolt against his own Front Bench. We recognise the cleverness with which the right hon. Gentleman the Member for West Woolwich (Sir K. Wood) has conducted these Debates but evidently, with all his cleverness, he has not been able to take his own friends with him in this matter. On this side of the Committee we have a loyalty to our Front Bench but we know something of the very great hardships experienced by these widows, and we must declare here what we know and tell the Members on our own Front Bench of the hardships suffered by these widows. I hope that in the reconsideration which is being given to many of the provisions of the Bill this matter will be noticed and some consideration given to the widows of those Service men who have lost their lives in the service of the country.

It is really extraordinary the virtue which the hon. Lady the Parliamentary Secretary finds in the 1925 Act when she is on the defensive. But it is not a sufficient answer to a question of this kind to be told that it was fully debated during the passage of the 1925 Act. Is the Parliamentary Secretary seriously satisfied with the results of all the Debates on the 1925 Act? I find, according to the Title, that this is a Bill to amend the Act of 1925. That is what we are now trying to do. It is quite true that the concession which was previously put forward was accepted by the service representatives in the House of Commons, because it was all that they could get, but that does not mean that it was all they hoped to get in the future and the hon. Lady ought to take it as a compliment that we expect a great deal more from her than from the rather stonyhearted Pharaohs who occupied the Treasury Bench at that time. Therefore I ask her to have regard to the expectations of her own followers, rather than rest on the musty precedents left by her predecessors.

When the hon. Lady said that the service pension was given in anticipation of the pension subsequently given to civilian widows, I was at a lost to understand what she meant. Did she mean intelligent anticipation—that the country was at that time saying, "Well, some day we will pension all civilian widows, and we may as well give this little bit in advance"? I understand, of course, that it is merely a question of time and not a question of cause, but the whole point is that these two pensions are upon entirely different bases. The pension that was given in respect of service was given because of the way in which the husband had met his death. It was an absolutely separate thing. It was not affected by any consideration of the way in which people had become widows in past times and it was not intended, I am sure, to be affected by any consideration as to what might be done to widows at a future time. When you get an entirely new scheme which gives to the widow, however her husband died and irrespective of service, an entirely new benefit, what justification can there be in logic or in justice for an argument such as we have heard put forward this evening? I ask the hon. Lady to set aside all the bad examples of her predecessors and to allow us to have this reasonable Amendment.

This is a matter of considerable importance, and I think the Committee ought to realise all that the Amendment raises and how far it goes. It is true that provision has been made for the dependants of the service man—provision on a scale more generous than that which is being given under the 1925 Act or this Measure—and what is being suggested, particularly by the hon. Member for Portsmouth (Sir B. Falle), is that we should open the door and give to every service man's widow when she reaches the age of 55, in addition to her service dependants pension, a further life pension of 10s. a week.

I am not saying it is. I am saying that she is getting a service pension. I never said she was getting a widow's pension. I was saying that she had been, rightly or wrongly, provided for. The provision may not be adequate but that is not the point. The point is that she has been otherwise provided for with the service dependant's pension. This Bill is primarily concerned with the provision of pensions to pre-Act widows, in respect of whom no contributions of any sort or kind have ever been paid. That has been explained ad nauseam in the course of these Debates. The whole cost of those pensions is to come out of the Exchequer and the whole cost of these service dependant's pensions is also to come out of the Exchequer; and it is difficult to substantiate a claim for payment twice over from the same pocket for the same people. I am not saying that justice is done but I am saying that it would be possible, at least, to utilise this amount of money a good deal more effectively for the spinster about whom hon. Members opposite are so concerned. It is a little unreasonable, however, to press for what must logically mean an additional 10s. on top of the service dependant's pension to all service men's widows when they have reached the age of 55 because that is what the proposal involves.

On the question of the post-Act service man's widow there is a very real grievance which I admit and which, as I have already said in reply to questions in the House of Commons, is engaging our attention as part of the survey. One can see that there is a certain injustice being committed with regard to the service man serving to-day and as regards the position of the post Act service man's widow, but, on the larger question, we are being asked for a very large commitment not for people for whom no provision has been made, but for people in respect of whom provision has been made by Parliament and it seems only fair that such a proposal should not be pressed. If there is any reason, in the case of service pensions, to raise the question of their inadequacy that is an entirely different problem from the problem with which we are dealing in the Bill. The Bill is to deal with the pre-Act widows of the insurable class with respect to the vast majority of whom no prevision whatever has been made by the law.

Will the right hon. Gentleman give us the case of the post-Act service man's widow as he gave us the case of the widow who lost her husband in civilian employment?

I can only repeat the promise which I have made in answer to questions. I admit that there is a real problem in connection with that matter. It is not an easy question and it is now under consideration and I hope at some time we may be able to deal with it.

Why give a civilian widow a double pension when you will not give it to a service man's widow?

I must ask hon. Members not to address the Committee unless I call upon them. Captain Gunston.

I think this Debate has been very interesting. We now understand that though the Minister carries the Committee with him in regard to the widow of a man killed in the War, he admits that there is an injustice in the case of the widow of the post-War soldier, but owing to the cost to the country he says he cannot give us this concession. We have heard the English point of view and I had hoped that we might hear the Scottish point of view from the Under-Secretary of State for Scotland. It is amazing, after all the speeches we have heard, that the Minister should come here and say: "This is an injustice but the country cannot afford to put it right," when, only a few nights ago, hon. Members opposite were saying that it did not matter what it cost the country and that pensions were no burden on industry.

The speech which the Minister has made supports entirely the contention which we have made throughout the Committee stage, that the injustices and grievances which are created by this Bill are of such a character that the Measure, when it becomes the law of the land, will be one of the most serious things which the Socialist party will have to face, because it makes no attempt to remove the real grievances, and only creates many more grievances of a graver character.

I do not want the support of the right hon. Gentleman opposite, because, the moment I get his support, I have grave doubts whether I am on the right lines at all. I would ask that consideration should be given by the Government to this question as it deals with men in the same employ. Take the case of the men who are employed either in the arsenals or in the dockyards by the same employer, either the War Department or the Admiralty. If a service man is killed, there is no compensation as we know it under the Workmen's Compensation Act, but if the same accident happens to kill one of the civilians who are employed, then his dependants are able to secure compensation under the Workmen's Compensation Act or the special scheme for Government employés which is akin to it. Under this compensation can be secured up to £600, £300 for the widow and the other for the children. I suggest that some consideration should be given to the service man, so that the widow may not be left in the position in which she finds herself to-day. With regard to the intervention of the right hon. Gentleman a moment ago, he left his Act in such a position that we have had to get through the law all the time by not agreeing to an award for the children under the Workmen's Compensation Act, so that the children should not be robbed of their allowance under his Act. Probably one of these days we will show you how we did it.

I should not have intervened but for the extraordinary speech of the hon. Member for Rochdale (Mr. Kelly) in which he has come to the aid of my right hon. Friend on the Front Bench. He has emphasised a very important fact. Under this particular section of the Bill it is clearly laid down that there are in one department, either the War Office or the Admiralty, two sections of people, one probably having a consider ably more dangerous occupation than the other, and one getting a pension and the other not. When that is emphasised by an hon. Member on the Government Benches, the right hon. Gentleman in charge of the Bill might take some notice of it. It is an important point, and I am sure that, if the hon. Gentleman opposite did not make another speech, every Member will remember him for the word which he has just put in for a most deserving section of the community.

I only want to inform the right hon. Gentleman that it is the wish of those who sit around me that we should divide on this subject, because never have I heard in this House a speech more characterised, not only by want of sympathy, but by want of understanding. This Clause is not dealing with the past. Whenever I have tried to get some concession for the pre-Act widow, I have been told that she has paid nothing, and that the contributory principle does not apply. Here is a Section where it does apply. I am talking of widows whose husbands were insured persons, and who will be insured persons in the future. This Clause is not retrospective, but pro- spective. I am dealing with women whose husbands are covered by insurance in respect of which, in every week of their lives, contributions are deducted from their pay; these contributions are deferred pay, but when one of these men has an accident, and the wife comes for her pension, you say under this Bill, "No, you are a service man's wife"; whereas if she were the wife of a civilian, you would say, "Yes, you can have the workmen's compensation, and anything else you can get." In this Bill you are allowing a civilian's widow to draw workmen's compensation in respect of herself and her children. But you are saying specifically that a service man's widow shall not draw both these things, and that, although her husband has been a contributor, she shall not have the result of his contributions. When, a few moments ago, I moved another Amendment in respect of widows of another class, the Parliamentary Secretary said, "Remember, these widows' husbands have paid nothing." When I was talking about the residential Clause in which the Government are putting a condition that widows have to be in this country if they want to draw a pension, she said: "We are giving them a pension for nothing; there is no contributory principle involved." I ask the hon. Lady to carry what she said to its logical conclusion, and be fair in this matter.

Every sailor and soldier is insured under the Health Insurance Act, and has to pay contribution out of his pay. It does not come directly out of his pay; it is deferred pay. Every week of his life, he has to pay for his pension, and when the poor man is killed, you say to his widow, "No, you are a service man's wife, and we cannot do for you what we can do for a civilian, who can have both the workmen's compensation and the pension. You can have only your workmen's compensation, or the equivalent from the Government." There is no reason whatever why this Amendment should not be accepted, except some reason of parsimony or because the right hon. Gentleman has a grudge against the Services. I have moved a lot of Amendments in the utmost sincerity, and have been supported by Members on all sides, just as I have been to-night. Has one single slight concession been made by the right hon. Gentleman? No! He will make concessions to the share fishermen in Scotland, and concessions here, there and everywhere, but he will never do a thing for the service man. I am entitled to ask the reason why, because on this Amendment I claim the service man's right, the result of his contributions week by week out of his pay. He is an insured man, and the right hon. Gentleman cannot deny it.

Every speech made to-night has been made on behalf of this class of man— speeches from behind me and speeches from in front of me—and I tell him the service men will not forget it if he rejects this Amendment. When the right hon. Gentleman the Member for Edgbaston (Mr. Chamberlain) was Minister of Health, he tried to be restrictive about service men, but he gave way and accepted a number of Amendments, some of them moved by myself. If one could produce a strong case, showing an obvious injustice, the right hon. Member for Edgbaston and the right hon. Member for West Woolwich (Sir K. Wood) gave way, with the result that these service men are in the Bill, and they would not have been in at all if those Amendments had not been accepted. But come down to the House with the present Government in office, and say a word on behalf of the service men, and you are treated to a lot of specious arguments, which the right hon. Gentleman knows in his heart have no foundation and no justification. I very much hope that Members of all parties, who so unanimously have supported this Amendment this evening, will take it into the Division Lobby and vote for it.

We have listened to a most impassioned speech by the hon. Member for Devonport (Mr. Hore-Belisha). All that I need say about it is that it has nothing to do with this Amendment. The hon. Member has lashed himself into a fury on an Amendment which may be discussed if you, Mr. Chairman, select it a little later on, but the Amendment now before the Committee has to do with the general question, not of people who have been contributing, as the hon. Member said, but of people who are to-day receiving service dependants' pensions arising out of the death of a husband during the War, before this Act was in operation at all. The hon. Member can say what he likes about my prejudices and so on, but I have still to learn that I show any prejudice against the service man. Why should I? What I say on this particular Amendment is this, that having regard to the value that there might be socially from admitting the whole case in this Amendment, I cannot stand at this Box and defend it, because I could spend the money better. That, I think, is the answer to this particular Amendment. The Amendment is not concerned with contributions at all; it is concerned with the problem as to whether, to put it broadly and generally, all widows in receipt of service dependants' pensions should when they reach the age of 55, receive an additional old age pension of 10s. a week. That is what this Amendment is about, and it is no good the hon. Member shaking his head. I think I know the Amendment perhaps as well as he does.

Will the right hon. Gentleman read it out aloud and see if he is right?

I have read it aloud, and silently to myself, until I know it by heart. I am dealing with the Amendment now before the Committee, and most hon. Members know that what I am saying about it is true. For these people, provision has been made by the State, and the hon. Gentleman is asking that double provision should be made by the State, but I say that, in these circumstances, for people who have these pensions now, if there is some more available, better means could be found by assisting people who are in greater need. That is broadly the position, and if the hon. Gentleman likes to repeat his passionate speech on the appropriate Amend-

ment, I shall be prepared to deal with it there, but I ask the Committee not to be misled by the speech that has been made by the hon. Member, because it had to do with quite another point.

Now that the post-Act service man's widow has been introduced, whether rightly or wrongly I will not say, it would assist us in coming to a decision if the Minister could inform us what would be the pension for the widow of a post-Act service man of the lowest grade in both Services, say, an A.B. in the Navy and the corresponding lowest grade in the Army. It may not be strictly relevant, but as this question has been brought in on this Amendment, it would assist me very much in making up my mind if I could have that information.

But it has been debated on this Amendment, and our minds are influenced.

If the hon. and gallant Member likes to make up his mind on this Amendment because of something on another Amendment, I cannot help his logic. But that is a matter which, I understand, may be raised on another Amendment, and has nothing to do with this Amendment.

Question put, "That the words proposed to be left out, to the word 'son' in line 11, stand part of the Clause."

The Committee divided: Ayes, 260; Noes, 68.

Division No. 38.]

AYES.

[9.13 p.m.

Adamson, Rt. Hon. W. (Fife, West)

Braithwaite, Major A. N.

Compton, Joseph

Adamson, W. M. (Staff., Cannock)

Broad, Francis Alfred

Crichton-Stuart, Lord C.

Addison, Rt. Hon. Dr. Christopher

Bromley, J.

Croft, Brigadier-General Sir H.

Allen, Sir J. Sandeman (Liverp'l., W.)

Brooke, W.

Croom-Johnson, R. P.

Alpass, J. H.

Brothers, M.

Culverwell, C. T. (Bristol, West)

Ammon, Charles George

Brown, C. W. E. (Notts. Mansfield)

Daggar, George

Angell, Norman

Brown, W. J. (Wolverhampton, West)

Dallas, George

Arnott, John

Burgess, F. G.

Dalton, Hugh

Ayles, Walter

Buxton, C. R. (Yorks, W. R. Elland)

Davies, Rhys John (Westhoughton)

Batey, Joseph

Caine, Derwent Hall-

Day, Harry

Beamish, Rear-Admiral T. P. H.

Cameron, A. G.

Denman, Hon. R. D.

Bellamy, Albert

Cape, Thomas

Dickson, T.

Benn, Rt. Hon. Wedgwood

Carter, W. (St. Pancras, S. W.)

Dukes, C.

Bennett, Captain E. N. (Cardiff, Central)

Carver, Major W. H.

Duncan, Charles

Bennett, William (Battersea, South)

Castle Stewart, Earl of

Ede, James Chuter

Benson, G.

Chamberlain, Rt. Hon. N. (Edgbaston)

Edmunds, J. E.

Bentham, Dr. Ethel

Charleton, H. C.

Edwards, C. (Monmouth, Bedwellty)

Bevan, Aneurin (Ebbw Vale)

Chater, Daniel

Edwards, E. (Morpeth)

Birchall, Major Sir John Dearman

Clarke, J. S.

Egan, W. H.

Bowen, J. W.

Cluse, W. S.

Ford, Sir P. J.

Bracken, B.

Cocks, Frederick Seymour

Forestier-Walker, Sir L.

Freeman, Peter

Long, Major Eric

Scurr, John

Fremantle, Lieut.-Colonel Francis E.

Longbottom, A. W.

Sexton, James

Gardner, B. W. (West Ham, Upton)

Longden, F.

Shaw, Rt. Hon. Thomas (Preston)

Gardner, J. P. (Hammersmith, N.)

Lowth, Thomas

Sherwood, G. H.

Gibbins, Joseph

Lunn, William

Shield, George William

Gill, T. H.

Macdonald, Gordon (Ince)

Shiels, Dr. Drummond

Gillett, George M.

MacDonald, Rt. Hon. J. R. (Seaham)

Shillaker, J. F.

Gossling, A. G.

McElwee, A.

Shinwell, E.

Gould, F.

McEntee, V. L.

Short, Alfred (Wednesbury)

Graham, D. M. (Lanark, Hamilton)

Mackinder, W.

Sinclair, Col. T. (Queen's U., Belfst)

Graham, Fergus (Cumberland, N.)

MacLaren, Andrew

Sinkinson, George

Graham, Rt. Hon. Wm. (Edin., Cent.)

Maclean, Neil (Glasgow, Govan)

Smith, Alfred (Sunderland)

Greenwood, Rt. Hon. A. (Colne)

Mac Neill-Weir, L.

Smith, Frank (Nuneaton)

Grenfell, D. R. (Glamorgan)

Mansfield, W.

Smith, H. B. Lees (Keighley)

Griffiths, T. (Monmouth Pontypool)

Marcus, M.

Smith, Rennie (Penistone)

Grundy, Thomas W.

Markham, S. F.

Smith, Tom (Pontefract)

Hall, F. (York, W.R., Normanton)

Marley, J.

Smith, W. R. (Norwich)

Hall, G. H. (Merthyr Tydvil)

Mathers, George

Snowden, Rt. Hon. Philip

Hamilton, Mary Agnes (Blackburn)

Matters, L. W.

Snowden, Thomas (Accrington)

Hammersley, S. S.

Meller, R. J.

Sorensen, R.

Hardie, George D.

Melville, Sir James

Southby, Commander A. R. J.

Hartington, Marquess of

Messer, Fred

Spender-Clay, Colonel H.

Hartshorn, Rt. Hon. Vernon

Middleton, G.

Spero, Dr. G. E.

Hastings, Dr. Somerville

Mills, J. E.

Stamford, Thomas W.

Haycock, A. W.

Milner, J.

Strachey, E. J. St. Loe

Hayes, John Henry

Montague, Frederick

Strauss, G. R.

Henderson, Right Hon. A. (Burnley)

Morgan, Dr. H. B.

Sutton, J. E.

Henderson, Arthur, junr. (Cardiff, S.)

Morley, Ralph

Taylor, R. A. (Lincoln)

Henderson, Capt. R. R. (Oxf'd, Henley)

Morrison, Robert C. (Tottenham, N.)

Taylor, W. B. (Norfolk, S.W.)

Henderson, Thomas (Glasgow)

Mort, D. L.

Thomas, Rt. Hon. J. H. (Derby)

Henderson, W. W. (Middx., Enfield)

Mosley, Sir Oswald (Smethwick)

Thorne, W. (West Ham. Plaistow)

Herriotts, J.

Muggeridge, H. T.

Thurtle, Ernest

Hirst, G. H. (York W. R. Wentworth)

Muirhead, A. J.

Tillett, Ben

Hirst, W. (Bradford, South)

Murnin, Hugh

Tinker, John Joseph

Hoare, Lt.-Col. Rt. Hon. Sir S. J. G.

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

Toole, Joseph

Hoffman, P. C.

Newton, Sir D. G. C. (Cambridge)

Tout, W. J.

Hollins, A.

Noel Baker, P. J.

Townend, A. E.

Hopkin, Daniel

Oldfield, J. R.

Turner, B.

Horrabin, J. F.

Oliver, George Harold (Iikeston)

Vaughan, D. J.

Howard-Bury, Colonel C. K.

Palin, John Henry

Vaughan-Morgan, Sir Kenyon

Hudson, Capt. A. U. M. (Hackney, N.)

Paling, Wilfrid

Viant, S. P.

Hudson, James H. (Huddersfield)

Palmer, E. T.

Walker, J.

Hurst, Sir Gerald B.

Peake, Capt. Osbert

Wallace, Capt. D. E. (Hornsey)

Isaacs, George

Pethick-Lawrence, F. W.

Wallace, H. W.

Jenkins, W. (Glamorgan, Neath)

Phillips, Dr. Marion

Watkins, F. C.

John, William (Rhondda, West)

Picton-Turbervill, Edith

Watson, W. M. (Dunfermline)

Johnston, Thomas

Pole, Major D. G.

Watts-Morgan, Lt.-Col. D. (Rhondda)

Jones, Morgan (Caerphilly)

Ponsonby, Arthur

Wellock, Wilfred

Jones, T. I. Mardy (Pontypridd)

Potts, John S.

Wells, Sydney R.

Jowitt, Rt. Hon. Sir W. A.

Pownall, Sir Assheton

Welsh, James C. (Coatbridge)

Kennedy, Thomas

Price, M. P.

West, F. R.

Kenworthy, Lt.-Com. Hon. Joseph M.

Quibell, D. J. K.

Whiteley, William (Blaydon)

Kirkwood, D.

Raynes, W. R.

Wilkinson, Ellen C.

Knight, Holford

Reid, David D. (County Down)

Williams, David (Swansea, East)

Lang, Gordon

Richardson, R. (Houghton-le-Spring)

Williams, Dr. J. H. (Llanelly)

Lansbury, Rt. Hon. George

Riley, Ben (Dewsbury)

Williams, T. (York, Don Valley)

Lathan, G.

Ritson, J.

Wilson, C. H. (Sheffield, Attercliffe)

Law, Albert (Bolton)

Roberts, Rt. Hon. F. O. (W. Bromwich)

Wilson, J. (Oldham)

Lawrence, Susan

Romeril, H. G.

Wilson, R. J. (Jarrow)

Lawrie, Hugh Hartley (Stalybridge)

Rosbotham, D. S. T.

Winterton, G. E. (Leicester, Loughb'gh)

Lawson, John James

Rowson, Guy

Womersley, W. J.

Lawther, W. (Barnard Castle)

Salmon, Major I.

Wright, W. (Rutherglen)

Leach, W.

Salter, Dr. Alfred

Young, R. S. (Islington, North)

Lee, Frank (Derby, N. E.)

Samuel, A. M. (Surrey, Farnham)

Lees, J.

Sanders, W. S.

TELLERS FOR THE AYES —

Lewis, T. (Southampton)

Sawyer, G. F.

Mr. Allen Parkinson and Mr. A.

Lloyd, C. Ellis

Scrymgeour, E.

Barnes.

NOES.

Acland-Troyte, Lieut.-Colonel

England, Colonel A.

Herbert, S.(York, N. R., Scar. & Wh'by)

Aske, Sir Robert

Evans, Capt. Ernest (Welsh Univer.)

Hore-Belisha, Leslie

Atkinson, C.

Everard, W. Lindsay

Hutchison, Maj.-Gen. Sir R.

Blindell, James

Falle, Sir Bertram G.

Jones, F. Llewellyn (Flint)

Boothby, R. J. G.

Fison, F. G. Clavering

Jones, Sir G. W. H. (Stoke New'gton)

Bowater, Col. Sir T. Vansittart

Foot, Isaac

Jones, Henry Haydn (Merioneth)

Bowyer, Captain Sir George E. W.

Ganzoni, Sir John

Kedward, R. M. (Kent, Ashford)

Brown, Ernest (Leith)

George, Megan Lloyd (Anglesea)

Kelly, W. T.

Burgin, Dr. E. L.

Glassey, A. E.

Lamb, Sir J. Q.

Cowan, D. M.

Gray, Milner

Maitland, A. (Kent, Faversham)

Crookshank, Cpt. H. (Lindsey, Gainsbro)

Griffith, F. Kingsley (Middlesbro' W.)

Mander, Geoffrey le M.

Davies, Dr. Vernon

Gunston, Captain D. W.

Marjoribanks, E. C.

Davies, E. C. (Montgomery)

Hall. Capt. W. p. (Portsmouth, C.)

Millar, J. D.

Dudgeon, Major C. R.

Hamilton, Sir R. (Orkney & Zetland)

Moore, Sir Newton J. (Richmond)

Edmondson, Major A. J.

Harbord, A.

Morris-Jones, Dr. J. H. (Denbigh)

Morrison, W. s. (Glos., Cirencester)

Reiner, John R.

Ward, Lt.-Col. A. L.(Kingston-on-Hull)

Nathan, Major H. L.

Rothschild, J. de

White, H. G.

Oliver, P. M. (Man., Blackley)

Russell, Richard John (Eddisbury)

Williams, Com. C. (Devon, Torquay)

Owen, H. F. (Hereford)

Scott, James

Windsor-Clive, Lieut.-Colonel George

Peters, Dr. Sidney John

Shakespeare, Geoffrey H.

Wood, Major McKenzie (Banff)

Peto, Sir Basil E. (Devon, Barnstaple)

Shepperson, Sir Ernest Whittome

Pybus, Percy John

Simon, E. D. (Manch'ter, Withington)

TELLERS FOR THE NOES—

Ramsay, T. B. Wilson

Smith-Carington, Neville W.

Major Owen and Dr. Hunter.

Rathbone, Eleanor

Todd, Capt. A. J.

I beg to move, in page 13, line 12, after the word "war," to insert the words

"or when on duty since such war."

Am I right in thinking that in the Amendment on which we have just voted we carried the sub-section down to the end of it—to the words "the commencement of this Act"?

No, I specially saved the hon. and gallant Member's Amendment. Does the hon. and gallant Member wish to move it?

I have three Amendments on the Order Paper, and I am moving the third of them. I trust the Amendment will meet the objection which the right hon. Gentleman raised to the last Amendment, as taking in all those who suffered during the War and the widows whose husbands were killed during the War, and his fear that it would run into so large an amount that the finance of the country could not stand it. The argument applies equally to this Amendment, with the exception that those who lost their lives during the War are not included. I should be glad to hear what the right hon. Gentleman has to say in objection to this Amendment. These men were compulsorily forced to pay contributions to pensions which they only are not to receive. They are civilians who were working in the dockyards and elsewhere and who unfortunately lost their lives. The only people who do not receive the pension are those ratings who lost their lives in the service. If there is any reason why the Amendment should not be accepted I hope that the right hon. Gentleman will give it, because I fail to see what objection there can be.

This is the case of the post-Act widow, which was argued about and mixed up with the case of the pre-Act widow in an earlier Amendment. I have already admitted that there is a real difficulty here. The widow of the post-Act soldier killed on duty does receive a pension in respect of herself and her children, but the husband, being an insured person who has contributed under the Act with a view to a pension for his widow, is directly debarred from receiving this pension. I admit that is not satisfactory, and I do not think any Member of the Committee would feel that it is. But one has to remember that, as a matter of fact, somewhere between 90 and 100 per cent. of these people do receive pensions because their husbands are killed on duty. Most of these men do, as a matter of fact, leave their widows with the widow's pension in the vast majority of cases—well over 90 per cent. in post-War times. Therefore, it is not that the serving soldier contributes and his wife cannot benefit. It is only that in a very small number of cases, where it happens that the man is killed on duty, that his wife does not draw the widow's pension, but draws the rather superior pension in the case of serving men.

I am informed that actuarially there is a very small overcharge, because although the chances are that the widows of the soldiers and sailors will draw the pension, there is a minority of cases where, as a matter of fact, they will not. That is the position with regard to this particular problem, and it is not one which is going to be solved by anybody going into heroics or hysterics. It is a serious problem, because the Committee has already settled that so far as the pre-Act widow is concerned, she shall not be entitled to a double pension. Once you open the door in the case of the post-Act widow to the double pension, I see no logical grounds for refusing the same double pension to the pre-Act widows, who are already provided for. It is not, therefore, that this question can stand by itself. It cannot. It raises the whole question of double pensions and double pay. It was because of that that, when the hon. Member moved his Amendment and put a question to me on this point, I gave this answer:

Does the right hon. Gentleman mean that he will give it to us on Report to-morrow? He makes great play with the fact that there are only about ten per cent. affected. That cuts both ways, and as it is such a very small number, and he admits that these people have a right to the pension, is it not possible for him to find a way out to-morrow on Report? In that case I am quite willing to withdraw the Amendment.

I honestly wish that I could. As I have tried to explain, I could not stand here and oppose the previous Amendment, and then accept this Amendment, on a question which will never be solved in vacuo. The real position is that this raises in a practical form not merely the question of a relatively small number of post-Act widows. What it does unquestionably raise is the large question of the receipt of double pensions by pre-Act widows. Whilst I admit the injustice for the time being in the case of the pre-Act widow, it is very difficult of solution, and very difficult to say to the post-Act widows, whose husbands do not die out of the service, that they shall receive a double pension while the pre-Act widows whose husbands die as a result of War service, shall not be entitled to it. We have to find a way out of that particular difficulty, but with the best will in the world I am afraid I cannot do it before to-morrow.

I should like to ask the Minister a question on this point. It seems to me that one of the objections to this proposal is that the widow of a service man who died while on ser- vice receives a pension of 7s. 6d. per week, whereas under the Bill his widow will receive 10s.

No: in the case of a man who dies while on service the lowest pension paid to the widow is 10s. 6d.' That is an increasing amount, and there are also additional provisions.

As the Minister wants to find a way out, will it be possible to make up the deficiency between the Vs. 6d. and the 10s.?

I am bound to point out that there is a difficulty, because the service man's widow gets a higher rate of pension than that payable under the Bill.

Perhaps I may say a word on this matter, in the hope that I may be able to help my hon. and gallant Friend the Member for North Portsmouth (Sir B. Falle). I think that possibly there is some confusion in the minds of some hon. Members as to what really is at stake in this matter. Some hon. Members have spoken as though the widows were going to be deprived of a pension as matters stand. That is not so; in no case is a widow going to be deprived of a pension; but there are two alternative pensions that she may receive. If she is the widow of a man who dies after the War, she will get an ordinary widow's pension. If, on the other hand, he is killed on service after the War, she gets a service dependant's pension, which is a rather better pension than the ordinary widow's pension.

It may be 6d. in some cases, but in other cases it will be more. Sixpence is the lowest amount. Therefore, there is really no grievance about the pension; there is no question that the widow will get a pension in any case, whether her husband dies in the course of nature or whether he is killed on duty. The real question which arises, and which I think gives rise to the injustice, is that of the contribution which the soldier pays. We are told that actuarially the soldier now pays rather more than he ought to pay to secure his widow an ordinary pension, because in a minority of cases he may be killed, and in that event his widow would have a pension anyhow. Therefore, really, the whole point to which I think the Committee should address their attention is not the pension paid to the widow, but the contribution paid by the soldier or sailor, and if the right hon. Gentleman would tell us that he is looking into that question of the contribution and is trying to see whether it is possible to reduce the contribution to correspond with the actuarial value of the benefits received, I should think that my hon. and gallant Friend would be satisfied.

No, Sir. How can you possibly distinguish, in the case of 100 ratings, between the 10 per cent. who are going to be killed in action and the rest? A widow gets a pension of 10s. 6d. if her husband is killed in action, but if you carry that through to the widow of an admiral of the Fleet, she receives £600 per annum. The difference is very great, and he pays nothing. The widow of the poor man who has contributed does not get that for which he has paid, while the widow of the civilian does get it. It is not fair, and it seems to me that it cannot by any possible reasoning be justified. The rating who dies fighting for his King and country is on the highest possible plane that a man can occupy, and it is the finest death that can come to him; and I say that that man stands on an entirely different plane from the civilian. Although I am very glad indeed that the widow of a civilian should get a pension, I think it is a shameful thing that the rating should not get that for which he has paid and which he so thoroughly deserves.

I should like to say, with great respect, that I think my right hon. Friend the Member for Edgbaston (Mr. Chamberlain) has quite misunderstood the grievance which the Service Members feel that our Service men are suffering from. The whole point is that, if a civilian is killed by an accident, his widow receives, not only a widow's pension, but also a sum which may amount to £300 under the Workmen's Compensation Act. The interest on £300 is at the very least from £15 to £18 a year, which means that the widow of a civilian killed by an accident will receive, taking both sums into account, approximately 16s. or 18s. a week, whereas the widow of a sailor— an A.B.—who is killed through a sub- marine disaster or the explosion of a gun, will only receive a pension of 10s. 6d. per week. That is the injustice to which we, as Service men, feel that our fellow Service men, or rather, their widows and dependants, are going to be subject, unless the Minister of Health can see his way to meet us in some respect.

One point in this Debate which strikes me, as a civilian, is that the value in this country of a Service man who is killed in the execution of his duty is 6d. per week to his widow. If, when a man dies in the ordinary course of nature, even a serving soldier, his widow gets 10s. a week, and if, when he is killed whilst serving his King and country, his widow gets an extra 6d. per week, I think that this House and this country ought to be ashamed of themselves.

These men suffer an injustice by having to pay contributions for pensions which are not received. The only argument against a change is that it will make more anomalies in the Bill, but the Bill is so full of anomalies already that one more could not make the least difference. When I see the late Minister of Health and the present Minister of Health combining together to oppose an Amendment moved from the back benches, I am quite certain that the back benches are right.

I should like to put one or two further points. Workmen's compensation is, of course, payable in respect of workpeople outside the services who die as a result of injuries received while at work, but of course it is quite fantastic to say that £300 at 5 per cent. is £15 per annum— —[ Interruption. ] It may well be that £100 of that has already been spent; it may be that during the time of the illness a great deal more of it has been spent.

But everybody is not killed outright. In the case of many mining accidents the victims linger a long time, and that is so, of course, in the case of other kinds of industrial accidents. Moreover, the assumption is that the widow of the serving man gets no more than 10s. 6d., but that really is not so. The lowest payment made is 10s. 6d., and it may go up to £1 12s., while in addition there are payments up to 5s. a week for each child under 16. It may well be that something ought to be done about the extension of workmen's compensation to the Services, but that is not my problem, and it is a problem which ought to be dealt with in another way. It seems to me to be a specious argument to claim double pensions because one particular section of people has been enjoying the benefits of the Workmen's Compensation Acts. That is a question that has to be dealt with in an entirely different way.

The hon. Member who has just spoken said the man who fights and dies for his country is worth 6d. a week. That, of course, is a travesty of the facts. We are dealing now primarily with accidents in peace time and the point really is that, whether we like it or not, it is not my responsibility. It is the responsibility of the fighting services. In the past these sums have been adjudged adequate for persons who did lose their lives in the course of their duty. That is not the fact that I am dealing with now and that is a problem, like workmen's compensation, that does not fall to be dealt with by me but which raises questions for which I myself am not responsible. The

right hon. Gentleman the Member for Edgbaston (Mr. Chamberlain) raised what is the real question. No one has been deprived of a pension. The ex-service man's widow gets a pension either under the Regulations or under the Act. The point is that she does not get both.

Here is the real difficulty. The husband has contributed and, in the vast majority of cases, his widow becomes entitled because of his contribution, but in a small fraction of cases the soldier does not die in his bed. He dies as the result of an accident while on duty, and in that case, although he has contributed, his wife does not get the pension. It would be a perfectly legitimate way to deal with the problem to say the service man is contributing under the Act, and he is contributing a bit too much having regard to the risks. That would be a logical way, but it is not logical to say that, because it happened that the service man is contributing some small fraction of a penny per week more than he ought to because it is just possible that his widow may not have a pension through his being killed on duty, therefore the widow should receive a pension. That, surely, is illogical, especially in view of the earlier decision of the Committee.

Question put, "That those words be there inserted."

The Committee divided: Ayes, 148; Noes, 229.

Division No. 39.]

AYES.

[9.49 p.m.

Albery, Irving James

Davies, Dr. Vernon

Hennessy, Major Sir G. R. J

Allen, Sir J. Sandeman (Liverp'l., W.)

Davies, E. C. (Montgomery)

Herbert, S.(York, N. R., Scar. & Wh'by)

Aske, Sir Robert

Davies, Maj. Geo. F. (Somerset, Yeovil)

Hoare, Lt.-Col. Rt. Hon. Sir S. J. G.

Atkinson, C.

Dudgeon, Major C. R.

Hore-Belisha, Leslie

Balfour, George (Hampstead)

Dugdale, Capt. T. L.

Howard-Bury, Colonel C. K.

Beamish, Rear-Admiral T. P. H.

Eden, Captain Anthony

Hudson, Capt. A. U. M. (Hackney, N.)

Bevan, S. J. (Holborn)

Edmondson, Major A. J.

Hunter, Dr. Joseph

Birchall, Major Sir John Dearman

Elliot, Major Walter E.

Hurd, Percy A.

Blindell, James

England, Colonel A.

Hurst, Sir Gerald B.

Boothby, R. J. G.

Evans, Capt. Ernest (Welsh Univer.)

Hutchison, Maj.-Gen. Sir R.

Bourne, Captain Robert Croft

Everard, W. Lindsay

Iveagh, Countess of

Bowater, Col. Sir T. Vansittart

Fielden, E. B.

Jones, F. Llewellyn- (Flint)

Bowyer, Captain Sir George E. W.

Fison, F. G. Clavering

Jones, Sir G. W. H. (Stoke New'gton)

Bracken, B.

Foot, Isaac

Jones, Henry Haydn (Merioneth)

Braithwaite, Major A. N.

Fremantle, Lieut.-Colonel Francis E.

Kedward, R. M. (Kent, Ashford

Brown, Ernest (Leith)

Ganzoni, Sir John

Kindersley. Major G. M.

Brown, Brig. -Gen. H. C. (Berks, Newb'y)

George, Megan Lloyd (Anglesea)

King, Commodore Rt. Hon. Henry D.

Burgin, Dr. E. L.

Glassey, A. E.

Lamb, Sir J. Q.

Butler, R. A.

Glyn, Major R. G. C.

Law, Sir Alfred (Derby, High Peak)

Carver, Major W. H.

Gower, Sir Robert

Lewis, T. (Southampton)

Castle Stewart, Earl of

Graham, Fergus (Cumberland, N.)

Llewellin, Major J. J.

Christie, J. A.

Gray, Milner

Locker-Lampson, Com. O. (Handsw'th)

Colville, Major D. J.

Griffith, F. Kingsley (Middlesbro' W.)

Long, Major Eric

Cowan, D. M.

Gunston, Captain D. W.

Macdonald, Capt. P. D. (I. of W.)

Cranbourne, Viscount

Hall. Capt. W. P. (Portsmouth, C.)

Maitland, A. (Kent, Faversham)

Crichton-Stuart, Lord C.

Hamilton, Sir R. (Orkney & Zetland)

Mander, Geoffrey le M.

Croft, Brigadier-General Sir H.

Harbord, A.

Margesson, Captain H. D.

Crookshank, Cpt. H. (Lindsey, Gainsbro)

Hartington, Marquess of

Marjoribanks, E. C.

Croom-Johnson, R. P.

Henderson, Capt. R. R. (Oxf'd, Henley)

Meller, R. J.

Millar, J. D.

Ramsay, T. B. Wilson

Southby, Commander A. R. J.

Mitchell-Thomson. Rt. Hon. Sir W.

Ramsbotham, H.

Spender-Clay, Colonel H.

Monsell, Eyres, Com. Rt. Hon. Sir B.

Rathbone, Eleanor

Stanley, Maj. Hon. O. (W'morland)

Moore, Sir Newton J. (Richmond)

Reid, David D. (County Down)

Thomson, Sir F.

Morley, Ralph

Remer, John R.

Titchfield, Major the Marquess of

Morris-Jones, Dr. J. H. (Denbigh)

Rodd, Rt. Hon. Sir James Rennell

Todd, Capt. A. J.

Morrison, W. S. (Glos., Cirencester)

Ross, Major Ronald D.

Vaughan-Morgan, Sir Kenyon

Muirhead, A. J.

Rothschild, J. de

Wallace, Capt. D. E. (Hornsey)

Nathan, Major H. L.

Ruggles-Brise, Lieut.-Colonel E. A.

Ward, Lt.-Col. A. L.(Kingston-on-Hull)

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

Russell, Richard John (Eddisbury)

Warrender, Sir Victor

Newton, Sir D. G. C. (Cambridge)

Salmon, Major I.

Wells, Sydney R.

Oliver, P. M. (Man., Blackley)

Samuel, A. M. (Surrey, Farnham)

White, H. G.

Ormsby-Gore, Rt. Hon. William

Samuel, Samuel (W'dsworth, Putney)

Williams, Com. C. (Devon, Torquay)

Owen, Major G. (Carnarvon)

Sandeman, Sir N. Stewart

Windsor-Clive, Lieut.-Colonel George

Owen, H. F. (Hereford)

Scott, James

Womersley, W. J.

Peake, Capt. Osbert

Shakespeare, Geoffrey H.

Wood, Major McKenzie (Banff)

Penny, Sir George

Shepperson, Sir Ernest Whittome

Wright, Brig.-Gen. W. D. (Tavist'k)

Percy, Lord Eustace (Hastings)

Simon, E. D. (Manch'ter, Withington)

Peters, Dr. Sidney John

Sinclair, Col. T. (Queen's U., Belfst)

TELLERS FOR THE AYES.—

Peto, Sir Basil E. (Devon, Barnstaple)

Skelton, A. N.

Sir Bertram Falle and Lieut.-Col.

Pownall, Sir Assheton

Smith-Carington, Neville W.

Acland-Troyte.

Pybus, Percy John

Smithers, Waldron

NOES.

Adamson, Rt. Hon. W. (Fife, West)

Greenwood, Rt. Hon. A. (Colne).

Maclean, Neil (Glasgow, Govan)

Adamson, W. M. (Staff., Cannock)

Grenfell, D. R. (Glamorgan)

MacNeill-Weir, L.

Addison, Rt. Hon. Dr. Christopher

Griffiths, T. (Monmouth, Pontypool)

Malone, C. L'Estrange (N'thampton)

Alexander, Rt. Hon. A. V. (Hillsbro')

Grundy, Thomas W.

Mansfield, W.

Alpass, J. H.

Hall, F. (York, W. R., Normanton)

Marcus, M.

Ammon, Charles George

Hall, G. H. (Merthyr Tydvil)

Marley, J.

Angell, Norman

Hamilton, Mary Agnes (Blackburn)

Mathers, George

Arnott, John

Hardie, George D.

Matters, L. W.

Ayles, Walter

Hartshorn, Rt. Hon. Vernon

Melville, Sir James

Barnes, Alfred John

Hastings, Dr. Somerville

Messer, Fred

Batey, Joseph

Haycock, A. W.

Middleton, G.

Bellamy, Albert

Hayes, John Henry

Mills, J. E.

Bonn, Rt. Hon. Wedgwood

Henderson, Right Hon. A. (Burnley)

Milner, J.

Bennett, Captain E. N. (Cardiff, Central)

Henderson, Arthur, junr. (Cardiff, S.)

Montague, Frederick

Bennett, William (Battersea, South)

Henderson, Thomas (Glasgow)

Morgan, Dr. H. B.

Benson, G.

Henderson, W. W. (Middx., Enfield)

Morrison, Robert C. (Tottenham, N.)

Bentham, Dr. Ethel

Herriotts, J.

Mort, D. L.

Bevan, Aneurin (Ebbw Vale)

Hirst, G. H. (York W. R. Wentworth)

Mosley, Sir Oswald (Smethwick)

Bowen, J. W.

Hirst, W. (Bradford, South)

Muggeridge, H. T.

Broad, Francis Alfred

Hoffman, P. C.

Murnin, Hugh

Bromley, J.

Hollins, A.

Naylor, T. E.

Brooke, W.

Hopkin, Daniel

Noel Baker, P. J.

Brothers, M.

Horrabin, J. F.

Oldfield, J. R.

Brown, C. W. E. (Notts. Mansfield)

Hudson, James H. (Huddersfield)

Oliver, George Harold (Ilkeston)

Brown, W. J. (Wolverhampton, West)

Isaacs, George

Palin, John Henry

Burgess, F. G.

Jenkins, W. (Glamorgan, Neath)

Paling, Wilfrid

Buxton, C. R. (Yorks. W. R. Elland)

John, William (Rhondda, West)

Palmer, E. T.

Caine, Derwent Hall-

Johnston, Thomas

Parkinson, John Allen (Wigan)

Cameron, A. G.

Jones, Morgan (Caerphilly)

Perry, S. F.

Cape, Thomas

Jones, T. I. Mardy (Pontypridd)

Pethick-Lawrence, F. W.

Carter, W. (St. Pancras, S.W.)

Jowitt, Rt. Hon. Sir W. A.

Phillips, Dr. Marlon

Charleton, H. C.

Kennedy, Thomas

Picton-Turbervill, Edith

Chater, Daniel

Kenworthy, Lt.-Com. Hon. Joseph M.

Pole, Major D. G.

Clarke, J. S.

Kinley, J.

Ponsonby, Arthur

Cluse, W. S.

Kirkwood, D.

Potts, John S.

Cocks, Frederick Seymour

Knight, Holford

Price, M. P.

Compton, Joseph

Lang, Gordon

Quibell, D. J. K.

Daggar, George

Lansbury, Rt. Hon. George

Raynes, W. R.

Dallas, George

Lathan, G.

Richardson, R. (Houghton-le-Spring)

Dalton, Hugh

Law, Albert (Bolton)

Riley, Ben (Dewsbury)

Davies, Rhys John (Westhoughton)

Law, A. (Rosendale)

Ritson, J.

Day, Harry

Lawrence, Susan

Roberts, Rt. Hon. F. O. (W. Bromwich)

Denman, Hon. R. D.

Lawrie, Hugh Hartley (Stalybridge)

Romeril, H. G.

Dickson, T.

Lawson, John James

Rosbotham, D. S. T.

Dukes, C.

Lawther, W. (Barnard Castle)

Rowson, Guy

Duncan, Charles

Leach, W.

Salter, Dr. Alfred

Ede, James Chuter

Lee, Frank (Derby, N. E.)

Sanders, W. S.

Edmunds, J. E.

Lees, J.

Sawyer, G. F.

Edwards, E. (Morpeth)

Lewis, T. (Southampton)

Scrymgeour, E.

Egan, W. H.

Lloyd, C. Ellis

Scurr, John

Freeman, Peter

Longbottom, A. W.

Sexton, James

Gardner, B. W. (West Ham, Upton)

Longden, F.

Shaw, Rt. Hon. Thomas (Preston)

Gardner, J. P. (Hammersmith, N.)

Lowth, Thomas

Sherwood, G. H.

Gibbins, Joseph

Lunn, William

Shield, George William

Gill, T. H.

Macdonald, Gordon (Ince)

Shiels, Dr. Drummond

Gillett, George M.

MacDonald, Rt. Hon. J. R. (Seaham)

Shillaker, J. F.

Gossling, A. G.

McElwee, A.

Shinwell, E.

Gould, F.

McEntee, V. L.

Short, Alfred (Wednesbury)

Graham, D. M. (Lanark, Hamilton)

Mackinder, W.

Simmons, C. J.

Graham, Rt. Hon. Wm, (Edin., Cent.)

MacLaren, Andrew

Sinkinson, George

Smith, Alfred (Sunderland)

Thorne, W. (West Ham, Plaistow)

Welsh, James C. (Coatbridge)

Smith, Ben (Bermondsey, Rotherhithe)

Thurtle, Ernest

West, F. R.

Smith, Frank (Nuneaton)

Tillett, Ben

Wilkinson, Ellen C.

Smith, H. B. Lees (Keighley)

Tinker, John Joseph

Williams, David (Swansea, East)

Smith, Rennie (Penistone)

Toole, Joseph

Williams, Dr. J. H. (Lianelly)

Smith, Tom (Pontefract)

Tout, W. J.

Williams, T. (York, Don Valley)

Smith, W. R. (Norwich)

Townend, A. E.

Wilson, C. H. (Sheffield, Attercliffe)

Snowden, Rt. Hon. Philip

Turner, B.

Wilson, J. (Oldham)

Snowden, Thomas (Accrington)

Vaughan, D. J.

Wilson, R. J. (Jarrow)

Sorensen, R.

Viant, S. P.

Winterton, G. E.(Leicester, Loughb'gh)

Spero, Dr. G. E.

Walker, J.

Wise, E. F.

Stamford, Thomas W.

Wallace, H. W.

Wright, W. (Ruthergien)

Stewart, J. (St. Rollox)

Wallhead, Richard C.

Young, R. S. (Islington, North)

Strachey, E. J. St. Loe

Watkins, F. C.

Strauss, G. R.

Watson, W. M. (Dunfermline)

TELLERS FOR THE NOES —

Sutton, J. E.

Watts-Morgan, Lt.-Col. D. (Rhondda)

Mr. Charles Edwards and Mr.

Taylor, R. A. (Lincoln)

Wellock, Wilfred

Whiteley.

Taylor, W. B. (Norfolk, S. W.)

Welsh, James (Paisley)

I beg to move, in page 13, line 30, to leave out the word "not."

My Amendment is intended to meet the case of a widow over 65 years of age who marries and loses her old age pension. Then her husband dies and she loses the old age pension for her husband and does not get 'a widow's pension. I want to make sure that if she loses her second husband she should revert to her original old age pension.

A widow who attains the age of 65 does not get an old age pension when she is left a widow. Under the Bill there is some doubt whether she is entitled to an old age pension in her own right, but she loses it on marriage. The meaning of this Clause is to make it quite clear that if a widow re-marries over the age of 65 and she is entitled to an old age pension in her own right, she will get it; but if a widow is not entitled to it in her own right, she extinguishes on re-marriage all rights which she derived from her previous husband. If a widow over the age of 65 who is entitled to a pension, not in her own right, but under the insurance of her previous husband, marries a young husband, she gets no pension, but if she marries a man who is an old age pensioner she will get the old age pension in virtue of his insurance. The cardinal principle of the Act is one husband, one pension.

We have been talking about double pensions. This is a case of a double widow, or a widow with a bar. Therefore it is not a case of one husband one pension, but no husband no pension. In the instance quoted the lady first of all loses her youth. Then she loses her first husband and her old age pension. After this she loses the memory of her first husband and takes a second husband. Then she loses her second husband and loses the widow's pension, and at the same time she loses her right to revert to the old age pension. Consequently she is losing her right all down the hill. I do not suppose that the cost of widows of 65 who re-marry would be very much.

The hon. Member for Norwich (Mr. Shakespeare) really has not quite followed the position. Any woman who has earned an old age pension by virtue of her own insurance keeps it for ever. I hope that is clear. If a widow has married a man, she has taken him for better or for worse. She gives up her widow's pension, but her old age pension will go on indefinitely. If she marries again she gives up whatever she receives from her first husband; and if she loses her second husband she becomes, as it were, a new widow, and she follows in her widowhood the fortunes of her second husband. Supposing she marries a millionaire, she will be beyond the need of a pension; suppose she marries an old age pensioner on her second marriage, then she begins all over again and follows the fortunes of her second husband with regard to widow's pension, old age pension and the rest of it, as she followed the fortunes of her first husband. It cuts both ways. A woman may have married on her first marriage a fairly well-to-do man, and then she would have no widow's pension. If she then marries an old age pensioner, and goes right down in the world in the economic sense, she gets the widow's pension attributable to her second husband. We could not possibly grant a widow's pension to her except on that basis. The whole thing is overridden by the fact that whatever be the condition of her second husband she follows his fortunes.

I have heard the explanation of the hon. Lady, and except on one question it seems to meet the point; but she must not chide us because there are so many kinds of widows. There are widows, widows under the Act, pre-Act widows, post-Act widows, occasional widows and new widows; and so we go on. I fully expect that before we get through the Bill we shall come to merry widows. [An HON. MEMBER: "Grass widows."] Of course, grass widows are always with us. In view of the explanation of the Parliamentary Secretary I beg leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Question, "That the Clause stand part of the Bill," put, and agreed to.

Clause 13 ( Repeal of s. 25 of principal Act ) ordered to stand part of the Bill."

CLAUSE 14.—(Amendment of provisions applicable where a person entitled to pension receives out-door relief.)

I beg to move, in page 14, line 28, at the end, to insert the words: offensive gentlemen who sit on the other side of the gangway. We have heard a great deal about their iniquities, but except for one or two general things in the Measure, we have so far heard very little about the actual complexities of this very complex piece of legislation. I really do not know how this new Clause amends the principal Act; but the matter is open for further Amendment. We on these benches would like to see the principal Act amended just a little further, and we, therefore, bring before the Government this reasonable suggestion, and we hope that the Government will be able to accept it; because not only is it reasonable, but also it is going to cause no expenditure at all.

May I take a concrete case to show what the Amendment is about? Imagine a widow who has claimed a pension immediately on the death of her husband. The pension has not come through, and while she is waiting for the pension to come through, she is thrown upon her own resources and has to obtain out-door relief. She goes to the guardians, and let us suppose that she receives from the guardians a sum of 12s. 6d. per week. The guardians would have given her only 2s. 6d. per week if she had been in receipt of a pension; rightly or wrongly they regard 12s. 6d. per week as sufficient for her, from whatever source it comes. The pension is not coming through yet, so they give her 12s. 6d. per week in Poor Law relief. In four weeks' time the preliminaries have been gone through by the Minister of Health, and the pension comes through. There are accumulated arrears of 40s., 10s. for each of the four weeks; but under the principal Act and under the amending Clauses of this Bill, that 40s. goes, not to the widow, but to the Poor Law authorities who have already expended it on her behalf in Poor Law relief. That, of course, is a perfectly reasonable thing; it was a reasonable thing in the principal Act, and it is a reasonable thing in this amending Measure—not perhaps a particularly kind-hearted thing; it is not the sort of thing that we might do to widows in our individual capacities, but it is the sort of thing that we have to do to widows in our corporate capacity, and it is what we shall have to do until we get a Government with a really humanitarian outlook.

But though it is reasonable that this should be done, there is one little bit of justice which I think we ought to do to these widows, and that is the little bit of justice which this Amendment proposes. We propose that where the Poor Law authorities, because of this Clause of this Measure are going to take to themselves the accumulated arrears of a widow's pension, they shall give the widow notice, when she receives the Poor Law relief, that they are going to do it. It is a perfectly simple thing to do. When they are handing her the 12s. 6d. relief they ought to give her notice that when her pension comes through, at any rate 10s. of the accumulated arrears for each week will be regarded as the property of the Poor Law authorities. Otherwise, what happens? She is in receipt of 12s. 6d. Poor Law relief coming in each week; she is always cherishing the hope that when her old age pension comes through there will be these accumulated arrears, and she looks upon those accumulated arrears as a little windfall.

We all of us know cases of this kind which have happened. Knowing that this windfall is coming she probably purchases some clothing which she wants, and pledges her credit for it, expecting to pay for it when the pension comes through. But the little windfall, pitiable as it is, never does come through, because it goes to the Poor Law authorities. Of course, she ought to know the law, but she does not; and I imagine that even many of us who are discussing this Measure do not know the law. At any rate, the law being what it is, and as there is this chance of the windfall being withdrawn from her, she ought to receive due notice. That due notice can be given to her without undue trouble and without any expense; and it will save a considerable amount of dispute and heartburning in some very sad cases indeed.

I really think the hon. Gentleman has not quite appreciated the position. As a matter of fact, if the widow tells the guardians that her pension is coming along and that she wants to borrow from them, the relieving officer will understand the position. If you once make it a statutory duty, they will send out the written notice whenever there is any possibility of a widow getting a pension, and every widow who comes along will get this sort of written notice. It will, perhaps, upset them very much, and it will not answer any useful purpose. I really think that it will be a mistake for boards of guardians to give a written notice in every case. It is so easy to tell guardians to send out notices. If you once tell them to do so, they will overdo it. This is a little detail of Poor Law administration which had very much better be left alone. When the woman is seen by the relieving officer she will explain her circumstances and that she wants a little money to be going on with. It would be very much better to leave this matter alone. It would worry the guardians and worry the recipients of pensions and waste a certain amount of time.

I think that a great many guardians require worrying. I should like them to be worried. As the hon. Lady was unable to accept this very reasonable, little Amendment I trusted that she would, at any rate, have promised to circularise guardians and point out to them that if they advanced relief and intended to make use of this Clause by taking away from the widow the accumulated payment of the old age pension, notice should be given of their intention. It is very desirable that these poor widows should know what is going to happen, so that they may not be disappointed. If the hon. Lady will promise to circularise the guardians, and those bodies who are to take over the duties of guardians, asking them to give this notice, I shall be glad to withdraw my Amendment.

T cannot promise to issue a circular, but the attention of guardians will be fully drawn to this mater.

Before we leave the Clause, I would like to call the attention of the Liberal party to the fact that here they have been working very hard in connection with this Bill and labouring with the Socialist party supporting their Amendments and not opposing the Closure, and yet a simple suggestion of this kind is scorned by the party opposite. It is a very sad tragedy.

I must reply to the right hon. Gentleman. If he will look after his own flock, my right hon. Friend below and we ourselves will look after ours! I would like to point out that just now there was an Amendment on which the right hon. Gentleman and his Friends supported the Government. Later, the Government turned their back on the right hon. Gentleman and his party. The right hon. Gentleman need not be concerned about our party.

On a point of Order. Has this anything to do with the Amendment?

I am glad that the Deputy-Chairman rebuked the right hon. Member for West Woolwich (Sir K. Wood).

The wish and desire of the Liberal party in this particular Clause is that these unhappy women, who are in these unhappy circumstances, very shortly after they have been made widows, shall receive a printed circular to the effect that quite likely they will not get as much money as they thought they would get. That is the sort of hope that the country gets from the Liberal party.

Amendment, by leave, withdrawn.

Question, "That the Clause stand part of the Bill," put, and agreed to.

CLAUSE 15.—(Amendment of Section 28 of principal Act.)

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

This is a mere question of the days of the week. Old age pensions are paid on a particular day and widows' pensions are paid on another day. This Amendment is to enable the office to make suitable arrangements in regard to the change over from widows' pensions to old age pensions.

That is not a satisfactory explanation. This Subsection seeks to repeal a Proviso to a Subsection of the principal Act. That Proviso was one which enabled the office to make suitable arrangements. Why are they not to be allowed any longer to make those suitable arrangements?

At the present time it is necessary to change the payment days to a Friday, when the turnover takes place. The office does not care for Friday. Friday is rather an unlucky day. We desire to be able to pay the women their pensions either on the Tuesday or on the Thursday when they change over from widows' pensions to old age pensions. It is tiresome for the office, in dealing with the same woman, to have the present arrangement, and we prefer to be allowed to make the payment as we think best.

I am very sorry to be so pressing, but that does not seem to be a complete explanation of the situation. May I read the Proviso which Subsection (2) of Clause 15 is seeking to repeal:

"Provided that, where a pension would cease to be payable by reason of the person entitled thereto attaining the age of seventy, the pension shall, if the day in the week on which the person attains the age of seventy is not the day in the week on which payments on account of old age pensions under the Old Age Pensions Acts, 1908 to 1924, are payable, continue to be payable in respect of the days in the week up to, but not including, the day in the week on which such payments are payable." That is a short and simple statement of the provision that we considered necessary in order to get over the little inconveniences owing to there being a discrepancy as to the day of the week on which old age pensions under the Old Age Pensions Acts of 1908 to 1924 were paid, and the day when pensions became payable under the principal Act. Why is it necessary to repeal that adjustment?

If the right hon. Gentleman and hon. Members will take the trouble to read Sub-section (4) of Section 28 of the principal Act, they will see:

"Where the date on which a pension or additional allowance under this Act would cease to be payable is a day in the week other than that immediately preceding the day in the week so prescribed as aforesaid, the pension or allowance shall continue payable in respect of the days in the week up to, but not including, such prescribed day."

Then we have the proviso. We need not change the day of the week, but we can continue to act under the proviso. It really is so, and if the right hon. Gentleman will read it again, and read the explanation to the Clause in the Bill, he will see far quicker than I can explain in words that what I am saying is substantially true.

I am very much obliged.

Question, "That the Clause stand part of the Bill," put, and agreed to.

CLAUSE 16.—(Revision of awards and decisions.)

I beg to move, in page 15, line 16, to leave out the words "or other considerations."

The first Amendment in my name was to leave out the words:

Surely a clerical error is a new fact, and on that new fact the right hon. Gentleman could revise the decision. Clearly the words "any new fact brought to his consideration" cover all the cases in which there ought properly to be a revision of an award or decision that has been given. It is difficult to imagine any case in which a Minister having had all the facts brought to his notice and having given an award would see any reason to change that award if no new facts were brought to his notice. When we look at what might happen, if these words were allowed to stand in the Bill, we see that the real effect of this Clause would be to lay the Minister open to that form of pressure which was so vividly illustrated to us by the hon. Member for Gorbals (Mr. Buchanan) in an earlier stage of these discussions. The hon. Member for Gorbals was very frank. He said he wanted to have these decisions and awards subject to the control of Parliament. He said, in other words, that he wanted hon. Members to be able to put pressure on the Minister; to bully him in the House, to ask him questions, to attack him violently in the Press, and, in fact, to give him no peace until he revised his decision and gave it in favour of some person on whose behalf hon. Members might be speaking.

That is not the sort of atmosphere in which judicial decisions ought to be given, and it seems to me that, in the interests of equity and of law, it is a very improper thing that the Minister should be allowed to revise his decisions in this way, possibly subject to pressure put upon him by people who may not be in possession of all the facts, but who may be simply pressing forward ex parte cases related to them by some of their constituents. That is not a situation which ought to be allowed to remain. If these words are left in the Bill, the Minister will be laying up a store of trouble for himself and his successors which they would regret and which the House of Commons would come to see had led to an abuse of the powers of Parliament. I hope the Minister will see his way to accept an Amendment which is designed to free him from a pressure which ought not to be exercised upon him, and which I think he would find it difficult to resist.

Far be it for me to do anything which is likely to raise up trouble for myself or my successors. I have striven in the course of this Bill to avoid any such dreadful eventualities, but really I think the right hon. Gentleman is using the term "new facts" in a rather different way. When one thinks of new facts in a case, one is thinking of the production of some evidence in a particular case which was not forthcoming at the time that the case was originally under consideration. I shall not regard it as a new fact in a case if it ultimately transpired that, owing to some clerical error in the Department, somebody had been deprived of a pension who ought to have had it. That is not a new fact in that particular case. [HON. MEMBERS: "It is!"] That is not my interpretation, anyway. I am quite certain that hon. Members, when they are told that a case can only be reopened if fresh facts are brought to light, have always in their minds facts relative to the evidence in that particular case, but where a genuine mistake has been made—and with thousands of cases going through the Office that may happen—that is not a new fact in the case. Those are "other considerations." I have no desire to take to myself power in any unconstitutional way to go revising awards. I should be sorry to find myself with that responsibility thrust upon me, but I should doubt very much if the lawyers would agree that the term "new facts" was sufficient when an obvious clerical error or some mistake of that kind had been made by the Department, as a consequence of which the pension of a widow had been reduced; and it is to cover that kind of case that the words have been inserted in the Clause.

I regard the language of this Clause with some apprehension. It is perfectly right that the Minister should have power from time to time to revise a decision or an award in the light of new facts which may have come to his notice, and in such revision he would, of course, be guided by the principles of the Act and there would be no departure from those principles. Facts are hard things. Some are relevant and some are irrelevant. In following out the principles of the Act, the Minister would have regard to relevant facts, but when we come to "other considerations" we are given a much wider field. "Other considerations" is language which gives a Minister a charter in the widest terms to revise his decisions, not according to the principles of the Act, but according to various considerations which may affect his judgment; and though one has no doubt that a Minister of the Crown, notwithstanding the wide and, in my submission, dangerous language of the Clause, would always exercise a judicial discretion, the public, the claimants, the widows who were approaching the Minister for reconsideration of their cases would fasten on these words and would tell him and would tell all the officials in the Ministry that the Clause conferred upon them the widest powers to bring any considerations to bear upon cases upon which they had already decided, with a view to revising the decisions which they had already given.

"Other considerations." Considerations of what? Of policy? Financial considerations? Patriotic considerations? Sympathetic considerations? There is no end to them, and I look with grave concern upon an Act of Parliament which gives a Minister power, which it may well be he will never seek to exercise, but which gives him that power, and which intimates to the country that he has that power, to place himself above the law, to go beyond the provisions of the Statute, and to deal with cases as they arise according to his own unfettered discretion. Parliament should hesitate again and again before it confers, in plain language or even in uncertain language, such powers upon any Minister. It is no answer to say that no Minister will ever exercise those powers in a way which is contrary to the letter or to the spirit of the Statute. Parliament should be jealous of its own powers, and it is for Parliament to decide the policy which shall be pursued by Ministers.

To confer upon a Minister, as this Clause does, the unfettered discretion, according to any considerations which may enter his mind, to revise or review his awards, is a grave departure from the duty of Parliament. It is the duty of Parliament to perform this function itself, and I ask the Minister to give sympathetic consideration to this Amendment and to consent to the withdrawal of these words, which will leave the Clause a workable Clause, under which it will be open to him to review, in regard to any new facts, any previous decision to which he has come. "Any new facts" would, in my submission, include the fact that it had been discovered that some official in a Government Department had committed a blunder. It would be a fact upon which the Minister would be entitled to say that, in view of the new fact brought to his notice, namely, that there had been carelessness in the office whereby a widow had been deprived of a pension, he would now proceed to amend his award and to do justice to the claimant. I hope the Minister will give sympathetic consideration to the Amendment. We have heard so much of what has been conveniently called the new despotism, that I hope that we shall not have to hold this up as an example of the lamentable state of things which is coming in this country.

I do not think that the Committee will be satisfied with the arguments of the right hon. Gentleman, and I hope that before we allow this matter to go further, we shall receive some more satisfactory reply from the Government. When I read these words, I confess, not having legal knowledge, that I wondered what purpose the right hon. Gentleman had in mind which was not present when the last Act was under consideration. I listened carefully to the explanation of the right hon. Gentleman as to any new circumstances which now made it necessary to include these words, and his explanation was extraordinarily unsatisfactory. The only "other consideration" which he suggested to us is already covered by the previous words, "any new facts." What were the reasons that these words were added? Surely the Government are not going to ask the Committee to believe that they are merely to cover a clerical error They must produce some better answer than that.

During the Committee stage of this Bill I have grown more and more suspicious of the bureaucratic powers which the Minister is taking to himself, and I do not think that he will be very happy in the possession of them. With very wide powers such as these, he will have to sustain very strong pressure at the same time and that is not a position in which the Committee wish to see a Minister and the right hon. Gentleman himself should not wish to be put in such a position. We on this side of the Committee will be most emphatic in in- quiring for the reasons for the addition of these words. No term could possibly be wider than this, for "other considerations" covers so vast a field. We wish to know what are the particular cases he has in mind that are not covered by the words "any new facts." If his explanation is not satisfactory, I hope that the Committee will press this matter to a Division, and state quite definitely that they will not give to any minister unlimited bureaucratic powers which may be used or abused in future.

After the very biting speech which we have just heard, there is not much more to say, but I want to put one point to the right hon. Gentleman. Suppose that, as he said, there was a clerical error, is it not a fact that the widow would have a right of appeal to the court of referees, and would be able to have her case put right by the ordinary machinery which at present exists? Therefore from that point of view, the words "or other considerations" are not necessary, and they give very dangerous powers to the right hon. Gentleman and to his successors. For this reason I shall follow this Amendment to a Division.

The Committee has reached a very important question of principle in this Clause. A great many of the points that have been discussed during the Committee stage have not been entirely questions of principle, but questions of party opinion. This particular point brings up a much wider and more important consideration, which is common to all parties of the House. I would like to draw the attention of hon. Members to the fact that it is barely conceivable that there will not always be a Socialist part in office, if not in a majority. This is not a question personal to the right hon. Gentleman himself or any Conservative or Liberal successor who may be Minister of Health; it is a matter of principle as to an individual holding these broad powers. Unless I misread the Minister's recent speech, he shares our view that this is a question of principle, but at the same time gives a much narrower interpretation to the words

"or other considerations"

which are causing us on this side so much apprehension. If it were narrowed down to a question of dealing with some clerical error, or perhaps some marginal blunder in the Department, no one on this side of the House would disagree with him for a moment; but we say that the cases in the particularly narrow class in which reconsideration would be justified are not dealt with properly by these words, which are so much wider in their scope. There is not a single Member of the Committee who has not had experience of claims to war pensions, for example, in which the claimant knows that his claim is based on the fact that he is suffering from wounds or disability attributable to war service, but, none the less, he comes to us and points out that he has a wife and family whom he finds great difficulty in maintaining because of the very small weekly income he gets, and puts forward other arguments which are perfectly relevant from the humanitarian point of view, but have no bearing whatever on the question of whether he is or is not entitled to a war pension. Precisely the same state of affairs can arise here, and the Minister is putting himself into the position of having to listen to arguments which are admittedly irrelevant because he has put in these words

"or other considerations."

The considerations may include such questions as the health of the eldest child and whether his boy is still at school or not, and if the Minister insists on rejecting this Amendment, he will not only cover the very narrow point which he has quite rightly put forward—no one would object to that—but will lay himself open, and not only himself, but his successor in his office, to being bombarded by arguments on other considerations which will come like an avalanche upon his head. Every time he decides that these other considerations are not to prevail he will cause an unnecessary feeling of hardship, a feeling of resentment, a feeling that there has been a hard-hearted decision, because, according to the Minister's own Measure, the applicant was entitled to put forward these other considerations. I maintain, in common with other speakers from this side, that the Minister would do well to reconsider his attitude in this matter and to appreciate that this is a matter of grave principle affecting the whole House of Commons. If he insists upon retaining the words, he will leave himself and his successors open to a state of affairs which apparently he does not at the moment contemplate.

Nobody who has listened to the discussion can have failed to be impressed by one or two of the points made, especially by the hon. and learned Member for Holborn (Mr. S. Bevan) about the width of this phrase "other considerations." I want to put one or two questions. Are there any mistakes of the nature referred to by the right hon. Gentleman that could not be grouped under the term "new facts"? If he can put it to the Committee that there are certain mistakes which have turned up in the practice of the Department which could not be remedied because they could not be grouped under that phrase "new facts," and therefore about which evidence can be brought, he will have established a case for widening the phrase "new facts" even if not necessarily for including this one of "other considerations." One might read it in this way, namely, as "any new facts or mistakes," which is much narrower than the phrase in the Bill. If the right hon. Gentleman regards this phrase as being absolutely vital to the working of the Bill, he ought to tell us. Is there any precedent in the whole range of this legislation for this particular phrase? Personally, I am not aware of any, and some of my legal friends who have given attention to the matter are not aware of any.

The right hon. Gentleman ought to tell us, firstly, whether this phrase is wanted in its present form, and, secondly, if there is any precedent, and, if not, whether a narrower phrase such as I have suggested might not meet any cases which may crop up in the experience of the Department and which could not be grouped under the term "new facts." At any rate, the speeches which have been made must have powerfully affected the Committee, and I am quite sure that, if the Minister can help the Committee to meet him in this matter, the Committee will be glad to do so and give him anything additional to the phrase "new facts" which is not so wide as this term appears to be. It is a novel term and certainly a wide one.

I think, perhaps, I may clear the air after what we have heard about this giving unlimited bureaucratic power. These words give me no greater discretion than I already enjoy. I am not empowered to override the law. All cases must be considered in the light of the law. It is not possible for me to say, "You have not 104 contributions, but that does not matter, and I will give you a pension." I am in no way allowed to override the law. I have not any power to do what has been hinted, such as giving way to political pressure. All I can do is to interpret the law, and these words give me no wider powers of interpreting the law than I have at present. In any case, each decision as I may make would be open to appeal and could come before the referees. What is the real position? Any new facts could be considered under the Act of 1925. I have not invented this difficulty. The referees have invented it, for they found that a clerical error or the kind that I have described is not a "new fact." It is no use hon. Members saying they are "new facts." If the referees continue in their decisions to say that is a clerical error which has been brought to notice is not that a fact which a Minister is entitled to bring before the House?

Let me give another illustration of the kind of case that may arise. Suppose the Minister gives a decision in a case, and then subsequently a precisely similar case goes before the court of referees, and the decision is one that is not in harmony with the decision given by the Minister? Is the Minister not to be able to go back on this case and to say that there are other considerations when the subsequent referees decision has given this result? Is the Minister to be debarred from bringing those considerations forward and claiming the re-opening of the case? This phrase is really included to deal with cases of hardship arising from mistakes and from subsequent decisions of the court of referees which happen to be in conflict with earlier decisions of the Minister; and to give the Minister the opportunity of bringing these cases into harmony with the law or with the decision of the referees. I am sure that there is a precedent for this. It seems to me that practically speaking the statements made by the referees have made really essential some amendment in the law of this kind, in the interests of insured persons, and it seems to me that this very limited and narrow provision, which in no way gives me greater powers to give people pensions than exist under the law, should be accepted by the Committee.

11.0 p.m.

I do not think that anyone who has listened to the observations of the Minister can say that he has helped the case he is making for the inclusion of these words. If, as I understand it, he wants to be able, in the event of a decision being given by some higher tribunal, to alter some other decision which has been given previously, there is certainly no occasion for him to have in his Bill the very wide and extensive words

"or other considerations."

The particular set of circumstances could be precisely defined and put into the Bill. I could not follow, also, what the right hon. Gentleman meant when he brought in the question of referees. This particular Clause suggests that in the first instance the Minister may at any time revise any award if it appears to him that, having regard to any new facts or other considerations which are brought to his notice, the award or decision is incorrect. The referees are not concerned in that at all. The right hon. Gentleman, quite rightly as I understand it, wants to be able to deal with two things. He wants to be able, as he has told the Committee this evening, to deal with the case where an obvious mistake has been made in the Department; and, secondly, he has told us that he wants to deal with the case where some superior decision has altered the position of people who have been rejected before that decision was made. I suggest to the right hon. Gentleman that it is perfectly within the competence of any draftsman carefuly to provide—if it be not already provided for under the words

"any new facts"—

for these two cases without taking the power given by the words

"or other considerations"—

This is an occasion when the Committee ought to have the assistance of either the Attorney-General or the Solicitor-General. I am not making any criticism, as the right hon. Gentleman knows, of the advice which he gets from his own legal Department; I should be the last to question that; but certainly this is a case in which the Committee ought to have the advantage of one of the Law Officers. There have not been many de- mands made upon the Law Officers up to the present time, and, while a complicated Bill of this kind is going through its Committee stage, I think the Attorney-General, for instance, might give the Committee the benefit of his advice. We have had, if I may be allowed to say so very respectfully, a powerful speech from one of the leading members of the Bar of England, the hon. and learned Member for Holborn (Mr. S. Bevan), and the right hon. Gentleman has not for a moment displaced that speech. This is not in any way a party point; the matter is arousing a great deal of public attention at the present time. The Government themselves have appointed a Committee to look into matters of this kind, and I really think that, in the few minutes which remain before we come to deal with the Clause, the right hon. Gentleman might see whether he cannot get either the Attorney-General or the Solicitor-General here, and whether or not they take the view of my hon. and learned Friend the Member for Holborn. I have great faith in my hon. and learned Friend's opinion on legal matters, and if he is right, and a mistake in the office would be a new fact, there is, of course, no reason for the words

"or other considerations"—

If following the same argument, as I anticipate that it would be, some previous decision would also have to be taken into account, then again the words "or other considerations" are unnecessary. The right hon. Gentle- man has not disposed of the speeches that have been made and certainly has not answered the question put by the hon. and learned Gentleman the Member for Holborn. Perhaps it would be possible to arrange for the Attorney-General or the Solicitor-General to come and give the benefit of his advice upon an important matter upon which I know the Minister would not for a moment purport to be an authority. It is due to the Committee that we should have the best advice that is open to it from the law officers of the Crown.

This question is one that loomed very largely in the discussion on Clause 1. We discussed very fully whether it was desirable that the Minister should be placed in the position of having to give a decision upon a claim which should be final and conclusive. The Minister shielded himself throughout by saying, "If I have erred, I have at least erred in accordance with precedents set by my predecessor. In this case the Minister is limited by new facts that may be brought to his notice. He did not attempt to extend it to "new facts and other considerations." What did we do on Clause 1? What was the real reason why we were urging that the Minister should be limited in his discretion to determine a claim? We said there might arise occasions when he would be importuned, not only by Members on his own side but by Members in other parts of the House and that is precisely the thing we want to guard him against, that he should be importuned by Members to take "other considerations" into his purview. Under the words in Section 29 of the Act, ample power was given to the Minister to take other new facts into consideration, and, in this case, if he relied only upon consideration of other new facts, he would be quite certain to do justice to any claim that came before him.

What is the real case here? It is not that the Minister may be called upon to review a case in which he has given a pension. Those are not the cases that are likely to arise. It is not likely that any Member who, having found one of his constituents raise a claim that was rather doubtful, would say to the Minister of Health, "That case ought to be taken out of the category of entitlement to a pension." The cases that would arise would be those that have been turned down, apparently hard cases and not on "other new facts," but on other considerations very wide of the term "other new facts.". I agree that it is unfortunate, in dealing with a purely legal question, that we should not have one or other of the Law Officers of the Crown here to help us. We do not desire that the Minister should be placed in the invidious position either of offending one Member or pleasing another in giving a decision. The words "other considerations" ought never to be permitted. The Minister said that when he considers these cases, he will be guided by the law. If he wanted to be guided by the law, he would say, "What are the new facts? I do not see any new facts." These are considerations which I am sure any reasonable-minded persons ought to take into consideration. In the interests of the Minister of Health or whoever may succeed him we ought to protect him against this sort of applications. I ask the Minister to listen to the very wise words which have been spoken by members of the Bar and others who have had experience in these cases and agree to this Amendment.

This question of additional powers to Ministers is one which is attracting a good deal of public attention. Has the Minister considered seriously what the position is when he says that mistakes are sometimes made in his Department. What justification is there for giving any Minister such a discretion when he tells us that he delegates his powers to subordinate officials of his Department who make mistakes? It has been said that the referees might give a different decision on the same set of facts and there is provision for an appeal to the Referees. After an appeal to the Referees it may be decided in a way that the Minister does not approve. In these circumstances the Minister wishes to adjudicate again on the facts. Consequently the Minister is really arrogating to himself the position of the referee and on these grounds I hope the Amendment will be accepted.

rose in his place, and claimed to move, "That the Question be now put," but the CHAIRMAN withheld his assent, and declined then to put that Question.

The right hon. Gentleman has in no way answered our arguments, and because we are bound by an agreement we ought not to be deprived of our right to an answer to our arguments and to have the information we require. I think the Minister of Health had better address himself to the case that has been put before him. The right hon. Gentleman said that there had been a mistake in his Department, and that the same decision had been arrived at with regard to the cases concerned. I ask why he cannot, in the Clause, take power to deal with those cases, and avoid taking the very general power which is contained in this Clause, by deleting the words "or other considerations," which any fair-minded man who gives fair consideration to this question must agree are totally unnecessary.

The right hon. Gentleman himself knows that if he can, he should avoid taking wide powers of this kind. All that we are asking him to do is to address himself to the questions which have been put to him, very fairly, to-night, and to tell us why it is, in the first place, that he wants to take these very wide powers if he has only these two cases in mind; and, secondly, I should have thought that immediately the hon. and learned Member for Holborn (Mr. S. Bevan), one of the leaders of the Bar in this country, said that in his opinion there was no necessity for these wide powers, the right hon. Gentleman would have said, "I will refer this matter to my colleagues the Law Officers of the Crown." [ Interruption. ] As you know, Sir, I shall address the Committee until you prevent me, and no hon. Member will shout me down. I have said, and I repeat it, though hon. Members opposite do not understand it, that one of the functions of a Law Officer of the Crown, to whatever Government he may belong, is not only to give legal advice to the Government, but to give legal advice to the Committee and to this House; and it is a perfectly proper thing for me to say in Committee, and any hon. Member, on whichever side of the House he sits, should agree, that when a question of this kind involving a matter of considerable public importance is raised, the Law Officers of the Crown should be consulted.

I will repeat what I was saying before hon. Members interrupted me. The right hon. Gentleman might very well have said, particularly having regard to the consideration which we have shown him this evening: "I will refer this matter to one of my colleagues, either the Attorney-General or the Solicitor-General, and this matter can be referred to again on the Report stage to-morrow." That would have been a perfectly fair and reasonable attitude to have adopted, but the right hon. Gentleman has not thought fit to do that, and to the astonishment, I think, of every Member of the Committee, has chosen—[ Interruption. ] I repeat that he has thought fit, to the astonishment of practically everybody present, except hon. Members opposite, perhaps—

The hon. Member must learn that he will not expedite business by that kind of expression.

I shall proceed with what I was saying, that if the right hon. Gentleman wants to get progress in a matter of this kind, when we have come to an agreement to finish this Bill tonight, he should not attempt to answer the very vital and serious questions which have been put to him by attempting to move the Closure. Again, I invite the right hon. Gentleman to address himself to the questions which have been put to him, and to give proper and civil replies to them.

I think the right hon. Member for Edgbaston (Mr. Chamberlain) is absolutely wrong in asking for the deletion of these words from this Clause. The words "new facts" are not new in legislation of this description. You find them not merely in the Pensions Act, but in the Unemployment Insurance Act, and I am quite certain that no one who has had any experience of trying to get a case re-opened on the ground of "other new facts" will think that those words alone are sufficient to ensure justice being done. The only matter which is considered by, say, the Umpire under the Unemployment Insurance Act when a case is put up to him to be re-opened under these words "other new facts," is whether there is some fact of some kind which is not on the record.

If there has been any mistake made in considering those facts which have been before them he always rules them out, because, he says, those are not new facts. They are the same facts which he had before him before, and he declines to reopen the decision. That must be the case under the present Bill. If the applicant for a pension has put all her facts before the Minister, he has no power to reconsider her case at all. It is perfectly obvious. Every Member of this Committee who has had any experience at all in trying to get pension cases or unemployment benefit cases re-opened that mistakes do happen. They happen in many cases because the applicant is illiterate and has not been able to express her facts correctly. The facts have been there, but she has not been able to put her arguments forward properly. None of these matters would come within other new facts. This is absolutely necessary, if justice is to be done to these people who are not able to put their cases before the Court properly.

I want to suggest to the Minister that it may be possible to use words which are somewhat more appropriate than the words "or other considerations." My hon. and learned Friend the Member for Holborn (Mr. S. Bevan) knows well that cases in the Law Courts are reopened on grounds of "other than merely new facts." No one knows better than he does, that there is a whole list of subjects under which you can get a case reopened there. Why should pensioners under this informal procedure be worse off than they are in a Court of Law? My hon. Friend the Member for Leith (Mr. E. Brown) has suggested the words "or mistake or error." Those are very wide words and they cover pretty well all the Minister's wishes.

I want to draw attention to the fact that in a later Clause in this Bill a very wide difference is contemplated between new facts and other considerations. If hon. Members will turn to page 16 they will find that provision is made with regard to the revised awards of the Minister, namely:

"Where by virtue of the revised award or decision a pension will become payable to any person or a pension will be increased, it shall take effect—

(i) if made or given by reason of a new fact."

The widow will from the date of the application for revision get a pension on the new fact. Let us take the other consideration. It says:

"(ii) in any other case"—

not a new fact—

"as from the date on which the original award or the original decision took effect."

The "other consideration" is made more important than "the new fact." Under "the new fact" the applicants only get their application from the date of the application for revision, but on the "other consideration" they would get it from the date of the original application. I suggest that the Bill does make a very clear distinction between new facts and other considerations. New facts pertain to the history of the case; "other considerations" relates to what is in the mind of the person adjudicating upon the facts. It is possible that a man, even a man in the position of the Minister of Health, or those who act on his behalf, may at one sitting when an inquiry of this kind is made, have certain considerations in mind, to the neglect of other pertinent considerations, but on another occasion they may remember that they had not those considerations present to their mind, and ask that the case should be revised, because of the new considerations referred to. It is clear that in matters of adjudication of this kind you have two sets of persons— the person who asks for an adjudication and the person or persons on the other side who are to do the adjudication. If it is "a new fact," the new fact would apply, obviously, to the person applying, while the word "consideration" would apply to the person adjudicating.

It appears clear from the Debate that in the view of many hon. Members the words in the Bill are rather too wide and might tend to abuse. On the other hand, if they were left out, the Bill would be too restricted. I think that that is agreed on all hands. It ought not to be impossible, however to devise a form of words which would strike a happy mean. For example, suppose it were said: "if it appears to him, having regard to any new facts or circumstances." that might meet the point raised, and yet it would not lend itself to abuse, particularly in view of the fact that the last word of this Sub-section is really the governing word:

"if it appears to him that …. the award or decision was incorrect."

It has to be specified that the award or decision was "incorrect." That is the governing word. If the right hon. Gentleman would give an undertaking that he will consult his advisers, legal or otherwise, and see if before to-morrow he can devise a form of words to meet both sides of the House, we could get on with other business, with the possibility of getting to bed at a fairly reasonable hour.

I would not like to say that the word "circumstances" would fit in, but I am prepared to consider it that all that I want is to be able to deal with the types of cases to which I have referred. I am prepared to look into it, and if the word "circumstances" will meet the case I have in mind I shall be glad to put down an Amendment for Report stage, provided that it will cover all the cases.

I am very glad to find the right hon. Gentleman in a rather more reasonable frame of mind than he was when he last rose. The Prime Minister gave us an assurance repeated several times, that the agreement or understanding to which we had came would be observed not only in the letter but in the spirit, and I cannot agree that it was in the spirit of that undertaking that, instead of answering our objections, seriously put forward, on a point to which we attached great importance, and without any attempt to meet us or to understand what it was that we were trying to get the right hon. Gentleman tried to ride rough-shod over the Committee by moving the Closure.

Now, after an appeal from his friends below the Gangway, who are always ready to help him out of a difficulty, he has yielded so far as to listen to the arguments we have put before him and given an undertaking to see whether he can introduce some Amendment which will confine the words in the principal Act within more reasonable limits. In the circumstances I am willing to withdraw my Amendment on this occasion, subject to reconsidering the matter on Report stage after I have seen the right hon. Gentleman's Amendment. I say quite frankly that whilst I can conceive that there may be cases which are not entirely covered by the words "any new facts," I want to see those cases so specifically defined that it shall not be possible for the Minister, on whatever side of the House he may sit, to revise his decision merely by stating that other considerations have been brought to his notice.

Amendment, by leave, withdrawn.

I beg to move, in page 15, line 35, to leave out Subsection (2).

If we had objections to the words in the first Sub-section they are intensified by the procedure contemplated in Sub-section (2). Consider for a moment what is contemplated under this Sub-section. Under Section 29 of the principal Act: that when they have given their decision on an appeal, the Minister should have power to upset that decision and substitute his own decision for it. I, therefore, move the Amendment to leave out Subsection (2), but I shall be satisfied if the Minister accepts the second Amendment in my name, the effect of which I have explained—subject, of course, to agreement on the words to be inserted in place of "other considerations."

The reason why this provision has been put in this particular way is because a case may occur in which, beyond any question at all, the decision ought to be reversed. For instance, a decision of the Courts may override a decision of the referees. I may remind the Committee that under the Insurance Acts, in certain cases, an appeal in law may lie to the High Court. Supposing a decision is given by the High Court which overrides the decisions both of the Minister and the referees, then clearly it is right that, as speedily as possible, other decisions, consequential on that decision, shall be revised. There are also cases where the referees themselves have revised previous decisions and other cases of that kind, in which clearly, consequential decisions ought to be revised without going to the referees again. But I instance particularly those cases in which the Courts have given overriding decisions. But in the interests of the pensioner or claimant it is also provided that if the decision is unfavourable to him, he shall have a second chance before the referees. I cannot see any harm in that provision. It is desirable, where there are these consequential decisions, following on a decision of law by the Courts, or a decision of the referees themselves deciding some point of law in a different manner from a previous decision, that the speediest possible machinery should be utilised. There may be a number of cases of that kind where it is not necessary to go to the referees again, but I think it is quite reasonable that if the decision is unfavourable to the claimant, he should have a second chance. I hope the Committee will not accept the Amendment, particularly having regard to the fact that this proposal is to be modified by the substitution of other words for "other considerations."

The reply of the hon. Lady cannot, I am sure, have carried many Members with it. Take the statement that out of consideration to the applicant, if a court of law gave a decision which varied previous decisions of referees, instead of following out the previous scheme of the Clause, by which the Minister altered the award, that unfortunate applicant is to be allowed to go to the referees, to have what the hon. Lady calls a second chance, when the applicant knows quite well that a superior Court has come to an exactly contrary decision. I do not call that consideration. The applicant in such cases should be told at once that there is a Superior Court which has come to a decision, and that he will be wasting time and money in going to the referees in a hopeless case. I could understand if it was said in the Clause that if there was a decision of a superior Court, the Minister should have power to vary his decision accordingly, though I should object to that, because it is quite easy, if there is a decision of a superior Court which upsets previous decisions of the referees, for it to be automatically referred to the referees, who would vary their own decisions. That is the correct course to be taken, and it would take no longer and would maintain what is very necessary, and that is the position of the referees. If the Committee will look at Section 29 they will see that it says that the decision of the referees shall be final and conclusive, but now it is actually suggested, on the ground that there may be some decision of a superior Court, that the Minister himself shall revise the decisions of the referees, who in fact have been appointed to revise the Minister's own decision. I have never heard such a suggestion.

If all that is wanted is to put the matter right as a result of a superior decision, it does not need a Clause of this character, and no defence has been made of this very extraordinary power. I do not think there has ever been a Clause equal to this, that it should be suggested that the Minister, having regard to any new facts or other considerations, might revise the decisions of a court of referees themselves, when they are a superior Court to him. It is a Clause which not for a moment should any Committee of this House pass. If there was some legal decision which might have a bearing upon any matters which had been the subject of a decision by referees, that could be plainly stated in the language of the Clause itself, but to give the Minister powers of this sort is something that I do not think any Parliament would for a moment tolerate. I think the hon. Lady had better consider before the Report stage what words should go in to meet the case of a decision of a Court of higher jurisdiction affecting a number of decisions. It could be put in proper legal phraseology, and it should be for the referees themselves to put the matter right, not for the Minister to interfere with the powers and proceedings of a tribunal which is superior to himself.

It makes a great deal of difference whether these cases go to the referees or to the Minister, and where a point was quite clear it would mean a delay of two or three months going to the referees, because the referees court is pretty well choked already. If the case goes to the referees, there may be some two or three months' delay. This is a matter which has been settled in consultation with the referees, and has their full approval.

It is perfectly ridiculous to say that sending a matter of this kind back to the referees would mean a delay of three or four months. It does not do credit to the very learned and excellent men who do the work. They would not delay for a moment if there were a number of cases affected by their decision. They must, however, take their own responsibility for agreeing to a Clause of this kind, although I doubt very much whether they have seen the Clause— [ Interruption. ]

I must really protest. I have given on behalf of the Government a definite statement, and I very much object to my word being doubted.

Perhaps hon. Members will allow me. I accept at once what the hon. Lady has said, but I desire to express my astonishment that any men who occupy—as I know they do—a position of some importance at the Bar of this country, should for a moment assent to a Clause of this character. All I desire to say is that there need not be a moment of delay in their reversal of a decision, and this is a Clause which no Committee of the House of Commons ought to pass. The case that has been made out for it by no means justifies the very wide powers that have been taken.

Suppose the case of a widow of 55; the case comes to us and we do not believe that she is 55. The case goes to the referees, and they do not believe it. The excavation of parish registers produces the birth certificate that is wanted. There is the new fact which means that the whole case is to be gone into again, and the Minister on the new and important fact gives the decision which he could not give as long as, we will say, the birth certificate was not forthcoming. He gives a decision, and the thing begins over again.

The Minister can do that now under the present Act. Sub-section (3) of Section 29 of the principal Act says:

"The Minister shall not so revise an award or decision if it has been referred to the referees, or if the time for making an application for such a reference has not expired, unless the person on whose application the reference was made … consents."

In the case which the hon. Lady has illustrated, of course the applicant would consent, and on a new fact like that being brought forward the Minister might revise the award of the referees.

Then what is left of the objection? If entirely new facts are brought forward, if, for example, a missing birth certificate or missing marriage certificate is found, the Minister may revise a decision; and Members have expressed their full and hearty approval of the course that where the High Court has pronounced a decision, the Minister should revise—

Suppose the Lord Chief Justice on a point of law turns down the Minister, and turns down the referees, gives one of those surprises which the High Court often prepares for Ministers. [ Interruption. ] It is perfectly true. We who make the laws never understand what the laws are! We do not understand the laws until the Judges have explained them. Anybody who has ever looked into volumes of case law could give instances by the thousand where innocent legislators meant one thing and where the Judges, taking no account of what they meant, but interpreting the strict letter of the law, have decided that the law meant something else. I am not criticising the Judges, I am only too well aware that the Judges have a damaging retort against legislators, but supposing a Judge of the High Court declares that our view of the law we passed is quite wrong! That overreaches everything else in the world. In such a case a decision would be quickly revised. It is perfectly true that the referees are industrious and painstaking and public-spirited gentlemen, but remember how many claims they will have to deal with. Do you want to cumber the Court of Referees with a multitude of cases which need not come before them? I think you will have to allow the Minister to revise decisions not only on questions of fact, which is agreed to, but with regard to other circumstances such as decisions of the High Court. Now that the Committee have heard the explanation, I ask them to let us get on with this business, and at any rate if they do not wish to agree with us to take the matter to the arbitration of the vote.

The hon. Lady has made a most extraordinary statement, which, of course, every one of us accepts; that the Senior Referees have said they agreed to this. I think that is what the dispute was about. Surely it is a novel recommendation that we should pass a Bill with a very curious Sub-section such as this because the Senior Referees have agreed to it. I think that goes far beyond the usual procedure and I absolutely agree with what has been said by the right hon. Gentleman sitting in front of me. Where you have a definite, clear matter of fact, there the Minister can decide, but, where you have something going beyond that, some unforeseen incident that we did not realise or provide for in Committee, then it is not a good thing that the Minister should be able to overrule the powers of the referees. After what the hon. Lady has just said and with the knowledge that we are giving more and more power to the departments at the present time, I personally am of opinion that it would be wrong for the Committee to pass this proposal which gives almost limitless powers to the Minister. I hope that we shall not only be able to speak against it, but that we shall be able in the Lobby to register our vote against this desire on the part of the Ministry to have these powers, because they are not capable of putting things perfectly on paper like any normal department, and therefore wish to be able to overrule the decisions of the referees. I realise and sympathise with their difficulties, but this is going too far. They have not explained why they want these powers, and we would be extremely ill-advised to grant them.

If the statements made by the hon. Member who has just spoken were true I should join him with pleasure in protesting against such a claim on the part of the Government. The opposition to this Sub-section is, however, based on a complete misunderstanding of its purpose. If it were suggested that the Minister should have the power of upsetting the referees on facts on which they had come to a decision, I should join in the protest, but this Sub-section does nothing of the

sort; the cases it is designed to provide for are where the circumstances have been put before the referees, and they have come to a decision on the facts before them, and where afterwards new facts have appeared and have been submitted to the Minister. In these circumstances, the Minister is giving certain powers and by exercising them he is not overruling the decisions of the referees on the facts before them, but he is giving a decision on new facts which have emerged since the referees came to their decision. In these circumstances, all these objections, based largely on a misreading of what the Lord Chief Justice and other people have said, are really not called for. The Government are entitled to ask that the Minister should have these powers. Although I join with great cordiality in the tribute paid by the right hon. Gentleman, who knows so much of their work, to the way these referees do their work, yet I feel that we are faced with the fact that the reference of an infinite number of these cases to them is bound to create delay and we are anxious in this Bill that the people for whom we are providing should receive these benefits at the earliest possible moment.

Question put, "That the words proposed to be left out to the word 'be' in line 41, stand part of the Clause."

The Committee divided: Ayes, 253; Noes, 88.

Division No. 40.]

AYES.

[11.55 p.m.

Adamson, Rt. Hon. W. (Fife, West)

Brothers, M.

Ede, James Chuter

Adamson, W. M. (Staff., Cannock)

Brown, C. W. E. (Notts. Mansfield)

Edmunds, J. E.

Addison, Rt. Hon. Or. Christopher

Brown, Ernest (Leith)

Edwards, C. (Monmouth, Bedwellty)

Alexander, Rt. Hon. A. V. (Hillsbro')

Brown, W. J. (Wolverhampton, West)

Edwards, E. (Morpeth)

Alpass, J. H.

Buchanan, G.

Egan, W. H.

Ammon, Charles George

Burgess, F. G.

Elmley, Viscount

Angell, Norman

Burgin, Dr. E. L.

England, Colonel A.

Arnott, John

Caine, Derwent Hall-

Evans, Capt. Ernest (Welsh Univer.)

Aske, Sir Robert

Cameron, A. G.

Foot, Isaac

Ayles, Walter

Cape, Thomas

Gardner, B. W. (West Ham, Upton)

Baldwin, Oliver (Dudley)

Carter, W. (St. Pancras, S. W.)

Gardner, J. P. (Hammersmith, N.)

Barr, James

Charieton, H. C.

George, Megan Lloyd (Anglesea)

Batey, Joseph

Chater, Daniel

Gibbins, Joseph

Bellamy, Albert

Church, Major A. G.

Gill, T. H.

Bonn, Rt. Hon. Wedgwood

Clarke, J. S.

Glassey, A. E.

Bennett, Captain E. N.(Cardiff, Central)

Cocks, Frederick Seymour

Gossling, A. G.

Bennett, William (Battersea, South)

Compton, Joseph

Gould, F.

Benson, G.

Cowan, D. M.

Graham, D. M. (Lanark, Hamilton)

Bentham, Dr. Ethel

Daggar, George

Granville, E.

Bevan, Aneurin (Ebbw Vale)

Dallas, George

Gray, Milner

Blindell, James

Dalton, Hugh

Greenwood, Rt. Hon. A. (Coine).

Bowen, J. W.

Davies, E. C. (Montgomery)

Grenfell, D. R. (Glamorgan)

Bowerman, Rt. Hon. Charles W.

Denman, Hon. R. D.

Griffith, F. Kingsley (Middlesbro' W.)

Broad, Francis Alfred

Dickson, T.

Griffiths, T. (Monmouth, Pontypool)

Brockway, A. Fenner

Dudgeon, Major C. R.

Groves, Thomas E.

Bromley, J.

Dukes, C.

Grundy, Thomas W.

Brooke, W.

Duncan, Charles

Hall, F. (York, W. R., Normanton

Hall, G. H. (Merthyr Tydvil)

Marcus, M.

Scurr, John

Hall, Capt. W. p. (Portsmouth, C.)

Markham, S. F.

Sexton, James

Hamilton, Mary Agnes (Blackburn)

Marley, J.

Shakespeare, Geoffrey H.

Hardie, George D.

Mathers, George

Shaw, Rt. Hon. Thomas (Preston)

Hartshorn, Rt. Hon. Vernon

Matters, L. W.

Shepherd, Arthur Lewis

Hastings, Dr. Somerville

Maxton, James

Shield. George William

Haycock, A. W.

Melville, Sir James

Shiels, Dr. Drummond

Hayes, John Henry

Messer, Fred

Shillaker, J. F.

Henderson, Arthur, junr. (Cardiff, S.)

Middleton, G.

Shinwell, E.

Henderson, Thomas (Glasgow)

Mills, J. E.

Short, Alfred (Wednesbury)

Henderson, W. W. (Middx., Enfield)

Milner, J.

Simmons, C. J.

Herriotts, J.

Morgan, Dr. H. B.

Sinkinson, George

Hirst, G. H. (York W. R. Wentworth)

Morley, Ralph

Smith, Alfred (Sunderland)

Hirst, W. (Bradford, South)

Morrison, Robert C. (Tottenham, N.)

Smith, Ben (Bermondsey, Rotherhithe)

Hoffman, P. C.

Mort, D. L.

Smith, Frank (Nuneaton)

Hollins, A.

Moses, J. J. H.

Smith, Rennie (Penistone)

Hopkin, Daniel

Mosley, Lady C. (Stoke-on-Trent)

Smith, Tom (Pontefract)

Hore-Belisha, Leslie

Mosley, Sir Oswald (Smethwick)

Smith, W. R. (Norwich)

Horrabin, J. F.

Muggeridge, H. T.

Sorensen, R.

Hudson, James H. (Huddersfield)

Murnin, Hugh

Spero, Dr. G. E.

Hunter, Dr. Joseph

Nathan, Major H. L.

Stamford, Thomas W.

Hutchison, Maj.-Gen. Sir R.

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

Stephen, Campbell

Jenkins, W. (Glamorgan, Neath)

Noel Baker, P. J.

Strachey, E. J. St. Loe

John, William (Rhondda, West)

Oldfield, J. R.

Strauss, G. R.

Johnston, Thomas

Oliver, George Harold (Ilkeston)

Sutton, J. E.

Jones, F. Llewellyn. (Flint)

Oliver, p. M. (Man., Blackley)

Taylor, R. A. (Lincoln)

Jones, T. I. Mardy (Pontypridd)

Owen, Major G. (Carnarvon)

Taylor, W. B. (Norfolk, S. W.)

Jowett, Rt. Hon. F. W.

Owen, H. F. (Hereford)

Thurtle, Ernest

Jowitt, Rt. Hon. Sir W. A.

Palin, John Henry

Tinker, John Joseph

Kedward, R. M. (Kent, Ashford)

Parkinson, John Allen (Wigan)

Toole, Joseph

Kelly, W. T.

Perry, S. F.

Tout, W. J.

Kennedy, Thomas

Peters, Dr. Sidney John

Townend, A. E.

Kinley, J.

Pethick-Lawrence, F. W.

Turner, B.

Lang, Gordon

Phillips, Dr. Marion

Vaughan, D. J.

Lansbury, Rt. Hon. George

Picton-Turbervill, Edith

Walker, J.

Lathan, G.

Ponsonby, Arthur

Wallace, H. W.

Law, Albert (Bolton)

Potts, John S.

Watkins, F. C.

Law, A. (Rosendale)

Price, M. P.

Watson, W. M. (Dunfermline)

Lawrence, Susan

Quibell, D. J. K.

Watts-Morgan, Lt.-Col. D. (Rhondda)

Lawrie, Hugh Hartley (Stalybridge)

Ramsay, T. B. Wilson

Wellock, Wilfred

Lawson, John James

Rathbone, Eleanor

Welsh, James (Paisley)

Lawther, W. (Barnard Castle)

Raynes, W. R.

Welsh, James C. (Coatbridge)

Leach, W.

Richardson, R. (Houghton-le-Spring)

West, F. R.

Lee, Frank (Derby, N. E.)

Riley, Ben (Dewsbury)

White, H. G.

Lees, J.

Ritson, J.

Whiteley, William (Blaydon)

Lewis, T. (Southampton)

Roberts, Rt. Hon. F. O. (W. Bromwich)

Wilkinson, Ellen C.

Lindley, Fred W.

Romeril, H. G.

Williams, David (Swansea, East)

Lloyd, C. Ellis

Rosbotham, D. S. T.

Williams, Dr. J. H. (Llanelly)

Longden, F.

Rothschild, J. de

Williams, T. (York, Don Valley)

Lunn, William

Rowson, Guy

Wilson, C. H. (Sheffield, Attercliffe)

Macdonald, Gordon (Ince)

Russell, Richard John (Eddisbury)

Wilson, J. (Oldham)

MacDonald, Rt. Hon. J. R. (Seaham)

Salter, Dr. Alfred

Wilson R. J. (Jarrow)

McElwee, A.

Samuel, Rt. Hon. Sir H. (Darwen)

Winterton, G. E. (Leicester, Loughb'gh)

McEntee, V. L.

Sanders, W. S.

Wise, E. F.

Mackinder, W.

Sandham, E.

Wood, Major McKenzie (Banff)

Maclean, Nell (Glasgow, Govan)

Sawyer, G. F.

Young, R. S. (Islington, North)

Malone, C. L'Estrange (N'thampton)

Scott, James

Mansfield, W.

Scrymgeour, E.

TELLERS FOR THE AYES.—

Mr. Wilfrid Paling and Mr. Barnes.

NOES.

Acland-Troyte, Lieut.-Colonel

Croom-Johnson, R. P.

Hurd, Percy A.

Albery, Irving James

Culverwell, C. T. (Bristol, West)

Iveagh, Countess of

Balniel, Lord

Davies, Maj. Geo. F.(Somerset, Yeovil)

Kindersley, Major G. M.

Beamish, Rear-Admiral T. P. H.

Dugdale, Capt. T. L.

King, Commodore Rt. Hon. Henry D.

Bevan, S. J. (Holborn)

Eden, Captain Anthony

Lamb, Sir J. Q.

Bourne, Captain Robert Croft

Edmondson. Major A. J.

Llewellin, Major J. J.

Bowyer, Captain Sir George E. W.

Elliot, Major Walter E.

Locker-Lampson, Com. O. (Handsw'th)

Bracken, B.

Ferguson, Sir John

Long, Major Eric

Braithwaite, Major A. N.

Fermoy, Lord

Lymington, Viscount

Brown, Brig.-Gen. H. C. (Berks, Newb'y)

Fielden, E. B.

Macdonald, Capt. P. D. (I. of W.)

Carver, Major W. H.

Fison, F. G. Clavering

Margesson, Captain H. D.

Castle Stewart, Earl of

Ford, Sir P. J.

Marjoribanks, E. C.

Cayzer, Maj. Sir Herbt. R. (Prtsmth, S.)

Fremantle, Lieut.-Colonel Francis E.

Mitchell-Thomson, Rt. Hon. Sir W.

Cazalet, Captain Victor A.

Ganzoni, Sir John

Monsell, Eyres, Com. Rt. Hon. Sir B.

Chamberlain, Rt. Hon. N. (Edgbaston)

Gower, Sir Robert

Morrison, W. S. (Glos., Cirencester)

Christie, J. A.

Greene, W. P. Crawford

Muirhead, A. J.

Churchill, Rt. Hon. Winston Spencer

Gunston, Captain D. W.

Ormsby-Gore, Rt. Hon. William

Colville, Major D. J.

Hannon, Patrick Joseph Henry

Penny, Sir George

Courthope, Colonel Sir G. L.

Hartington, Marquess of

Percy, Lord Eustace (Hastings)

Croft, Brigadier-General Sir H.

Henderson, Capt. R. R.(Oxf'd, Henley)

Peto, Sir Basil E. (Devon, Barnstaple)

Crichton-Stuart, Lord C.

Howard-Bury, Colonel C. K.

Ramsbotham, H.

Crookshank, Cpt. H. (Lindsey, Gainsbro)

Hudson, Capt. A. U. M. (Hackney, N.)

Remer, John R.

Rodd, Rt. Hon. Sir James Rennell

Stanley, Maj. Hon. O. (W'morland)

Windsor-Clive, Lieut.-Colonel George

Samuel, A. M. (Surrey, Farnham)

Titchfield, Major the Marquess of

Wolmer, Rt. Hon. Viscount

Samuel, Samuel (W'dsworth, Putney)

Todd, Capt. A. J.

Womersley, W. J.

Sandeman, Sir N. Stewart

Wallace, Capt. O. E. (Hornsey)

Wood, Rt. Hon. Sir Kingsley

Savery, S. S.

Ward, Lt.-Col. A. L. (Kingston-on-Hull)

Skelton, A. N.

Warrender, Sir Victor

TELLERS FOR THE NOES.—

Smithers, Waldron

Wayland, Sir William A.

Sir George Hennessy and Sir

Somerville, A. A. (Windsor)

Wells, Sydney R.

Frederick Thomson.

Southby, Commander A. R. J.

Williams, Com. C. (Devon, Torquay)

I beg to move, in page 15, line 41, to leave out from the word "reconsidered" to the second word "he" in page 16, line 3.

If my Amendment is carried Sub-section (2) will read as follows: logical, and such as would commend itself to the general opinion of the Committee; but a system under which the Minister is to make the decision if it is good, and the referees are to make the decision if it is bad, is a system which the Committee ought not to accept in any circumstances whatever. Therefore, I now move this Amendment, and I hope that this time the right hon. Gentleman will give careful and favourable consideration to it.

This point has been pretty fully considered already on a previous Amendment. [HON. MEMBERS: "No!"] Well, the point arose during the discussion of a previous Amendment. What is the object of the Clause? Its object is to enable the Minister, so far as he can, to place pensioners in benefit without any delay at all, and, in cases where it is clear on the new facts or circumstances that the applicant is entitled to a pension, it would be much simpler to give the Minister the power to say that the man or woman, as the case might be, should have a pension. In cases where the new facts were such as to put the matter beyond all doubt, it would be a mere waste of time that the question should still have to go to the referees for their ultimate decision. One has to recognise that these decisions do take time, and that there may be very considerable delay, through pressure of work on the referees; and, when it is quite clear that the claimant is entitled to a pension, it seems to be an unnecessary wheel to the coach to compel the submission of the case to the referees, and to make them deal with a number of what may be purely routine cases which on the new facts could be easily settled. Where, however, there is some doubt, and it is not clear that the new facts necessitate the alteration of the decision, then obviously it is proper that there should be detailed examination by the referees.

It does not at all follow that the cases sent back to the referees are all going to be unfavourable cases. They will be those cases in which there is some doubt, and where the Minister is not certain that the decision should be a favourable one. It does not mean a hard and fast division, the favourable cases all being settled by the Minister and the unfavourable ones all being settled by the referees. The cases sent back to the referees would include a considerable number in which the decision would be favourable to the appellant. It may seem to the right hon. Member for Edgbaston (Mr. Chamberlain) a simple procedure to force all cases through the process of a rehearing by referees, but is it really necessary in cases which admit of no doubt, and where the new facts really put the matter beyond dispute? After the examination of those cases by the Minister, it would seem to be a work of supererogation to send those cases to the referees for further consideration by them. In order to speed up the procedure and to avoid unnecessary delay, I hope the Committee will agree to allow paragraph ( a ) of Sub-section (2) of which the right hon. Gentleman has moved the deletion, to stand part of the Clause.

I think the right hon. Gentleman the Minister of Health should have looked at Section 29 of the Act of 1925, because under that Section the Minister is given power to revise an award or decision, but, if it has been referred to the referees, or if the time for making such a reference has expired, only if the applicant consents. Therefore, in all those cases where there has been a pure mistake of fact which, if it were brought to the notice of the tribunal, would entail a decision favourable to the applicant himself, the Minister now has power to make the necessary alteration. That is perfectly clear from Section 29 of the original Act. It is, therefore, unnecessary for the Minister to come forward to-night and say that in order to deal with cases where there are new facts favourable to the claimant he needs the further powers set forth in this Clause to enable him to do so. Under Section 29 of the principal Act he has full powers, with the consent of the applicant, which, of course, is always given in cases favourable to the individual, to make a revision. What he is seeking to do in this Clause is obviously something beyond that entirely.

The right hon. Gentleman was incorrect when he said the same considerations applied to this Sub-section (2) as to Subsection (1). Following the suggestion which was made for the alteration of the words "or other considerations," which gave the Minister power to revise an award or decision given by him under the principal Act, the right hon. Gentleman ultimately undertook to reconsider those words. This is a matter which should particularly appeal to the Secretary of State for India, because if there has been a Member of this House within my lifetime who has taken more trouble over these points than anybody else it is the right hon. Gentleman. I should have thought that he would have been interested to know that the Minister is seeking in this Clause to revise the decision of a superior Court. In other words, he is seeking powers from this House, having referred the matter from himself to the referees, to be able, not only on new facts, but on other considerations, to revise that particular decision. The right hon. Gentleman said it was unfair to say that the decisions were divided into two categories—those that were favourable to the applicant, which he himself was to decide, and those which were unfavourable, which the right hon. Gentleman the Secretary of State for India will be interested to know he proposes to refer to the referees. It is definitely stated in this Sub-section (2) that their decision, and they would say that these cases in their judgment were all affected by the case of "Jones versus Smith" or whatever the case might be. I cannot conceive that the referees would put them behind a large number of other more difficult cases pending decision. What would they do? They would, naturally, say: "We will revise all these cases." That has great merit, because it does not mean interference by the Minister. It leaves the referees to revise their own decisions. I suggest that between now and the Report stage the right hon. Gentleman should give reconsideration to the matter, and ask the draftsman if he cannot find some words which would give him all that he requires in regard to this Clause. Surely, it ought to be possible to make a provision without going to the considerable extent suggested, and to limit it in the way I have indicated. If the right hon. Gentleman could see his way to do that, as he did on the other Amendment, after some hesitation, he would expedite our proceedings, and he would also preserve the power of the House of Commons without giving unnecessary powers, which concern so many people, from the Lord Chief Justice, downwards or upwards.

In the earlier part of his speech, the right hon. Gentleman effectively answered the latter part. He quoted the Act of 1925, Section 29, for which he was responsible, and pointed out that there the Minister of Health is given power to revise an award which has been given by the Court of Referees, subject to one condition, namely, that the applicant consents. When will the applicant consent? When the award is favourable to him. Consequently, in substance, the Clause in the Act of 1925 is precisely the same as the proposal in this Bill. I much prefer the form of words in the Act of 1925. It is open to objection that Parliament, in so many words, should say: "If the Minister is going to make an award which is favourable to the applicant, let him make it, but if he thinks it is his duty to make an award which is unfavourable to the applicant, let him push it on to the Court of Referees." That is not a desirable form of legislation; yet the right hon. Gentlemen on the Front Opposition Bench were responsible for very much the same thing when they said that if an applicant accepts the Minister can give his award, but if he does not accept it must be referred back to the referees. If the Government get into trouble in another place over this Clause, as they very easily may, they should fall back upon the form of words in the Act of 1925, which will give them, in effect, precisely what they are now proposing, and that would perhaps not arouse so much opposition in the same quarter.

I am much obliged to the right hon. Member for Darwen (Sir H. Samuel) for reminding me of what is is in the Act of 1925. The right hon. Member for Edgbaston (Mr. Chamberlain) is raising this point to a large and important question of principle. This Clause deals with incorrect decisions which have been given, and with nothing else. If new facts or other considerations, whatever they may be, come to light, which prove that the decision is incorrect clearly the decision ought to be put right at the earliest possible moment. The Minister is given wide powers. Where it is clear on the new facts that an incorrect decision or award has been given it does not seem to me that we should have to start at the beginning again, and therefore there is no need for the decision to be sent back to the referees. If, however, the new facts have a bearing upon the decision and it is not clear that the decision will be favourable to the applicant, then the matter ought to be considered by the body which is there to consider cases of that kind. It is not a case of giving power extraneous to the Act of 1925. None of these cases will be settled except under the eye of the Comptroller and Auditor-General and they would be cases in which a pension could be properly awarded, and I see no reason why we should have to send them, willy-nilly, to the Board of Referees. They should be there to deal with cases in which there is some doubt. In the first instance where an application is made there is no question of going to the referee. Here are cases which should be granted, there has been a mistake, and the proposal is that these cases should be decided by the Minister as though they were originally cases which should have had a favourable award. In these cir- cumstances I think the Committee can quite well allow the Clause to stand as it is. It is designed to help people who because of unfortunate circumstances, over which they have no control, have been deprived of what is due to them.

The last statement of the right hon. Gentleman has not clarified the position at all, or provided any justification for the extraordinary powers which the Minister is taking. The explanation given by the Parliamentary Secretary earlier in the Debate was much clearer. She said it was a question of fact; that a marriage or birth certificate might be discovered; and if it is a question of fact then the right hon. Member for Edgbaston (Mr. Chamberlain) and the right hon. Member for West Woolwich (Sir K. Wood) have shown conclusively that the Minister has already sufficient powers to deal with the matter. The Parliamentary Secretary also said that there might be a whole number of cases which would be upset by some hypothetical decision of the High Court which would interpret the law quite differently to what we in the Committee imagine the law to be. I want to ask the Committee whether the legal gentlemen considering these cases would not be the proper people to know exactly which of their decisions, perhaps a large number, were upset by these decisions of the High Court. It seems an extraordinary proposition that a quasi court of law should not have a record of its decisions and should not be the proper body to decide what decisions were upset by the decisions of the superior court. The Minister tells us that his whole object is to get these pensions paid quickly and that to send such particular cases as may be affected back to the Court of Referees would delay matters. I cannot see who else could properly decide which of their decisions was upset by the decisions of the High Court.

I think we have been discussing an Amendment already rejected and which is not now before the Committee at all.

We are now discussing an Amendment that we should cut out the whole of Sub-section (1, a ) and part of Sub-section (1, b ) so that these matters should be decided by the Court of Referees and not decided by the Minister. I do not think I have gone outside what is relevant to the Amendment before the Committee. Why the Minister should want these extraordinary powers and not be content with the proposal of the right hon. Member for Edgbaston I do not know. Why should he consider that proposal an improper one, whether the cases are likely to be favourable to the claimants or whether they refer to decisions of the High Court which upset decisions of the referees. In all these cases, whether they arise from matters of fact, or considerations, or circumstances, the proper procedure is that they should go automatically to the referees themselves for revision. The Government have brought no evidence before the Committee that this would cause any delay or lead to people getting their pensions later than they would otherwise do. Under these circumstances, I hope the right hon. Gentleman is going to press this Amendment to a Division. It seems a point not only of great substance, but of principle. Now the Attorney-General has come into the House will he give us some enlightenment on these complicated legal questions which we have been discussing for nearly two hours without enlightenment from the Front Bench? In the hope that the Attorney-General will immediately rise and enlighten the Committee I shall resume my seat.

It is fortunate that the Attorney-General has at last crept out of his new spiritual home. He may give us the words of advice which we need on these matters. I should like the Minister of Health to explain a little more carefully, particularly now that the Attorney-General is here, this fact, because I thought it was an absolutely common agreement between everybody who was concerned with justice at all, that, if a court of any sort is going to have its decision reversed, it must be reversed by the indication of new facts or by a superior court, and not by an inferior court. The Attorney-General has probably never seen this Clause before or been aware that, if the Minister discovers some new facts, and if he thinks these are going to be favourable to the claimant for the pension, he is entitled to reverse the decision reached by the Referees, who are in matters of this kind a body superior to himself. That seems to be a proposi- tion entirely untenable. At least the Referees should be the body to revise a decision. When the Minister says that in purely administrative cases it is difficult for the Referees to do this because they would be so choked up with business he should explain why that should be the case more than would be the case in connection with his own Department

My complaint about the right hon. Gentleman is that he will insist upon treating our Amendments as if they were merely moved for the pleasure of allowing us to sit up here at night. I assure hon. Members that that is not the case. This is a serious Amendment, and this is a serious point of view which I am putting. The right hon. Gentleman does not pay sufficient attention to the arguments that we use, and consequently he does not give us satisfactory answers in these cases. I did not confine myself to the one suggestion which is on the Paper. I put forward another suggestion as an alternative. The right hon. Gentleman might have done me the courtesy to consider the second suggestion which I put forward. I might remind him that by this Bill he is repealing the Sub-section of Section 29 of the original Act which has been quoted once or twice in Debate—the power of the Minister to revise the decisions of referees. Something or other has got to be put in its place. My suggestion is that, if on account of "new facts" or "considerations"—other words may be substituted—it is necessary to revise an award of the referees, reconsideration of the award ought to be entrusted to the referees themselves. The right hon. Gentleman objects to that because, he says, the referees are choked up with business and because there are so many cases in which the position is quite clear, and we do not require the referees at all. It would be much better, therefore, he says, that that should lie in his own hands.

I suggested an alternative. I suggested that, if by reason of new facts or other circumstances—if those words are preferred—the decision of the referees has become incorrect, the Minister should take the responsibility not merely in the cases where he thinks the award will be favourable to the applicant, but in all cases and still lay himself open to the same appeal as there would have been if he had given his decision in the original case. I am sure the Attorney-General will agree with me that that will not lay the Minister open to the criticism that has been brought against him, even by his own friends. It really meets the point that I have been trying to put. As a last effort, I put it to the Minister that he should reconsider this Clause and substitute for it the procedure I have suggested.

Far be it from me to rule out any possibility of arriving at agreement. I am only anxious to get at a procedure that will not hold up eases unduly and that at the same time will do justice to claims. If the proposal of the right hon. Member for Edgbaston (Mr. Chamberlain) will be as I wish then I am ready to deal with it on Report stage later to-day. I will not promise that it will meet the case, but I will certainly consider it.

I beg to ask leave to withdraw my Amendment on that understanding.

Amendment, by leave, withdrawn.

Question, "That the Clause stand part of the Bill," put, and agreed to.

Clauses 17 ( Amendment of Section 30 of principal Act ) and 18 ( Amendment of Section 35 of principal Act ), ordered to stand part of the Bill.

CLAUSE 19.—(Extension of classes of persons who may become voluntary contributors.)

I beg to move, in page 19, line 21, at the end, to add the words

"(3) Any person who is not otherwise entitled under any of the provisions of this or the principal Act to become insured, whether as an employed or as a voluntary contributor, may, if he gives notice within such time as may be prescribed and in the prescribed manner that he desires to become a voluntary contributor under the Insurance Act become such a contributor, subject to such modification of contributions or benefits, as the case may be, as may be prescribed."

I would like to move this Amendment because it raises a very important matter of principle. It is designed to make it possible for other persons than those of the insurable class to become voluntary contributors for pension rights. Now that we have allowed other people than voluntary contributors to come in we shall have seriously to consider the question of the person who may be no better off than the others—the position of persons working on their own, such as small shopkeepers, blacksmiths, ministers, and others. I should like an assurance that in the Committee which the Minister informed the Committee is now considering the whole question of insurance the question of this class of person—a class that is sometimes more in need than some of those in the insurable class—will not be overlooked in the wider considerations which, I understand, the Cabinet Committee on Insurance is now going into. I will just formally move this Amendment so that the Minister will, I hope, make a statement.

I did indicate at an earlier stage that there were large classes of people now outside the health insurance Acts and outside this Bill for whom there was a powerful case for consideration of their claims. There are the small independent workmen, shopkeepers, hawkers, and so on, whose circumstances are in no sense better than those of large classes of insured persons. I admit that case, but I do not feel it is a case that can be dealt with in a Bill of this kind. It really means very far-reaching changes in the structure and provisions of the Health Insurance Acts as well as these Acts, because it gives rise to a good many questions of considerable difficulty. I will not say that those difficulties are insoluble, but, so far, we have not been able to solve them satisfactorily. As I said on Second Reading, this is, I think, a matter for the survey and there is no reason to keep it secret that it is one of the questions that has been brought into their consideration— this question as to how far the social provision now being made can be extended to new classes who are to-day outside it. I should be very happy if at a later stage in the life of this Government it were possible to bring in categories of people now excluded not only from health insurance but from this Bill.

I will content myself with a single observation. I hope that the Minister will send a copy of his speech to-morrow to the Foreign Secretary. I have in my possession, and so have many hon. Members in this House, a considered statement, made in writing, by the Foreign Secretary addressed to the National Conference of Old Age Pension Committees stating, without any qualification, without any question of limitation, that the Labour party were pledged to bring these people into the Widows' Pensions Act on the same terms as the present contributors. There was not a word about the difficulties of which we have been informed to-night, not a word about the Cabinet Committee. That undertaking was given to get votes, and it got votes, and the people who have given those votes have been basely betrayed, and there is no justification— [ Interruption. ] Hon. Members may laugh. It was a very discreditable piece of electioneering at the last General Election, and, if the night were not now so late, I should have liked very much to devote myself to this particular aspect of the matter. I invite the Chief Whip and the Attorney-General to-morrow to compare the statement which the Minister has made to-night with the written undertaking which the Foreign Secretary made just before the General Election. If the Attorney-General has not a copy of that statement, I will furnish him with one. I say without hesitation that, if that statement had been made in an ordinary civil matter, if an undertaking of that character had been given, the gentleman who gave it in ordinary private life would be open to the very severest penalties from the law. There is no doubt about the position. Either it was made very foolishly without any examination as to what it involved, or it was made with the idea of deceiving people into voting. Whichever way you look at it, it was a very reprehensible thing to do. I enter my protest against that sort of action.

I make no apology for taking part in this Debate, because I, too, have an Amendment down though it is not of such a wide character as that of the hon. Member for Leith (Mr. E. Brown). I claim an extension no farther than the position under the National Health Insurance Acts. I have been connected with the great friendly society movement, a movement of some seven or eight millions of working people in this country, who have been pressing for years past that the operations of the Health Insurance Acts and of the Pensions Acts should be extended to that class of persons who are just as poor in many cases as those who are termed the ordinary working-class—I mean the small traders and people in similar positions. I have several times been on deputations to the late Minister of Health when he has rejected our suggestion that insurance should tie extended to this class. Before I came to this House I certainly expected, when a Labour Government came into being, that that would be one of the first things that it would tackle. I appreciate very much the statement made by the Minister of Health that the Cabinet Committee intend to take this matter into consideration, but I do not like the suggestion that it may be dealt with during the lifetime of the Government.

Exactly. That is what I am afraid of. I think the Government will last another four years, perhaps another 10 years, and I want this Measure to go through in a short space of time. If the Minister of Health will say that there is a possibility of this extension being made within, say, 12 months, then I for one will be satisfied, and I believe it will give some encouragement to that great volume of opinion outside. Some Members of this House seem hardly to recognise the extreme importance of this question. It is in the minds of the electors to a very great extent. Outside unemployment, pensions is the subject that has taken the imagination of the people. To those of the small tradesmen class it appeals just as strongly as it does to the working people. The late Parliamentary Secretary quoted the expression of opinion of the Labour party at the last Election. That is perfectly true. I was pledged to that statement and pledged up to the hilt. I want to call the attention of the Minister of Health to the facts. The National Conference on Pensions pleaded very strongly, and the National Conference of Friendly Societies have also pleaded very strongly for this Measure. The National Conference of Friendly Societies represents many millions of insured persons. At their conference, they have annually pressed that two things should be done. They have pressed the matter so strongly that we, the Labour party, had to take some notice of it at the General Election. They asked, first, for the removal of the means limit, and, secondly, for the extension of insurance. Their second claim was as follows:

"( b ) The Contributory Pensions Acts shall be extended to afford an opportunity to all uninsured persons to become insured on equal terms with those already insured for State pensions."

We replied to that demand and I pledged myself to our reply. The people of my division expect that I am going to do my best to carry out the pledge I gave. This was the distinct reply that we all gave:

"Paragraph ( b ). The Labour party now undertakes that the grave injustices of the existing Widows', Orphans', and Old Age Contributory Pensions Act would be immediately remedied and provision made for uninsured persons to become insured on equal terms with those now insured for State pensions."

In conclusion, I would ask hon. Members opposite to understand that I know their game. From the comments that they have made, I think they will back me up. I admit the difficulties of the Government. I believe that the great mass of people outside this House believe that the Government are doing extremely well. But the Government have no right to cavil at any Members from this side of the House daring to put in a plea that we should keep our election pledges. I hope the Minister will be able to show us that at the earliest opportunity, earlier than three or four years hence—within 12 months—there will be a chance of the Government bringing in this Measure to extend insurance to the people for whom we are claiming it.

1.0 a.m.

Like the hon. Gentleman who has just spoken from the opposite side of the House, I also gave a pledge in the same sense. This Amendment and the other one are really the two most important Amendments on the Paper, because they make good two of the main defects of the 1925 Act, the exclusion of the non-insured persons and the question of whether below or above £250 should be the limit. It is absurd to exclude the owner of a small business from the merits of insurance. The whole idea of excluding such people is preposterous. The late Government brought in the share fishermen. They admitted the principle of the share fishermen, who had very able supporters in this House and represented a large vote. The owner of a one-man business, however, the coffee stall-keeper, for instance, to whom I heard my hon. Friend the Member for Leith (Mr. E. Brown) refer just now, is not organised and is not able to make his voice effectively heard in a corporate body. The opposition to increasing voluntary insurance is mainly based on the fallacy that only those who think themselves likely to derive benefit from it will request that they may be admitted into insurance, and that in that way they would undermine the actuarial basis of the scheme. Those who take that view are apprehensive of the effects upon the Bill of applications from the sick, the lame, the crippled. Such an attitude is absurd. The truth of the matter is that the kind of man who goes voluntarily into insurance, the kind of man who wishes to make provision for the event of death, is among the most prudent and most frugal in the community. Those who would benefit under the Amendment are only asking for justice, and they are willing to pay for the pensions for which they ask.

It is perfectly true that the Labour party pledged itself to bring this Bill in, but in the manifesto it laid down that a Measure of this kind would be introduced after urgent legislation connected with unemployment had been passed. In the manifesto, we said that we would immediately deal with the Widows' Pensions Act, and, as soon as other legislation had been passed, proceed with a review of the pensions.

What the hon. Lady has said is all very well, but the Labour party pledged itself to legislate immediately.

In the manifesto we pledged ourselves to proceed to a review of the Pensions Act.

Before the General Election there was an important conference of persons prominently interested in this question, the National Conference of Friendly Societies, and a reply was sent over the signature of the Foreign Secretary that

"The Labour party now undertakes that the grave injustices of the Widows', Orphans', and Old Age Pensions Act would be immediately remedied and provision made for uninsured persons to become insured on equal terms with those already insured for State pensions."

That is a formal declaration made to the persons concerned. That, I take it, would mean that any grievances were immediately to be removed. We on these benches attach great importance to this proposal. This is one of the most important Amendments that has appeared on the Order Paper in connection with this Bill, and it is to be regretted that the late hour makes it impossible to do justice to the subject.

I would point out that the word "immediately" should appear before the word "provision." Consequently the Government are taking up a perfectly legitimate position. I want to say this to my hon. Friend the Member for Leith (Mr. E. Brown). I am just as much in favour as any Member below the Gangway or on this side of the House in trying to get this inserted. I want to see it inserted. I want to see insurance widened, and I want to see all individuals brought within its scope. Consequently, I am in agreement with this particular Amendment. If it were not that we are playing into the hands of the little band of Tories who are carrying on the proceedings to-night, I should join with him in pressing the Government to accept his Amendment. If the Tories are in favour of this thing, why did not the right hon. Member for West Woolwich (Sir K. Wood) put it in the Bill of 1925?

We promised it, and we will do it. If I were to take up the matters you promised the people in 1924, there would not be a blush left in you. If there was sufficient blush left in the right hon. Member for West Woolwich, his face would catch on fire. I want to ask the Parliamentary Secretary to the Ministry of Health to consider this matter again. I appreciate the difficulties that stand in the way. At the same time, the hon. Member and the Members of the Government generally must remember that the people outside are looking for a broadening of the basis of health insurance and all pensions. We want at the earliest moment possible—

Well, of course, if the right hon. Member wants to qualify for a pension immediately I have no objection. We want to see this matter dealt with as soon as possible. The pledge of the Labour Government was not immediately. The pledge of the Labour Government was if returned to power, and the Labour Government are not in the majority in the House at the present time. I hope the Parliamentary Secretary to the Ministry of Health will place this matter before the Minister of Health and try to have it impressed upon the Cabinet, so that as soon as it is humanly possible the Government may bring in a new Pensions Bill which will widen the scope of pensions to embrace the class of people who are mentioned in the Amendment by the hon. Member for Leith. They will not only have the support of the Liberal benches, but also of the Labour benches, and, after the expressions made by the right hon. Member for West Woolwich, we will get the wholehearted support of the Tories.

I think, before the interesting speech just made, the hon. Member for Leith (Mr. E. Brown) was on the point of withdrawing his Amendment, having made his protest. We are not at the end of the Bill; we have the Third Reading, and the points raised are of extraordinary importance. I do not want to minimise the importance of the subject. I admit its importance, but I do not propose now to enter into any

particular discussion on the matter—not out of any disrespect to the House, but because I consider that to-morrow will be a very much better time.

I am sorry that I cannot go all the way with the hon. Lady. I cannot help hon. Members below the Gangway becoming restive when the Committee is being presented with a statement of fact. I was trying to facilitate business and not to secure a party advantage; I was trying to get the case put. The hon. Lady is quite right. I was intending to withdraw the Amendment and not to go to a Division, but, after the expressions made, I think the Committee should have the opportunity of dividing. My hon. Friend the Member for Govan (Mr. Maclean) may bring his metaphysical mind to bear upon the wording of that pledge. I will put two points before him. Not only was this letter read at the National Conference, but one of the Whips of the present Government was present. Secondly, the resolution in favour of this proposal at the conference on Saturday week reaffirmed this view, that the pledge meant what it said, that, when the Government did legislate on pensions, it would legislate, not merely to remedy hardships, but to ensure equal contributions. I feel very strongly on the matter that we are not allowed in this House to put our points of view frankly. All I can say is that the sooner we fight the issue out the better.

I want to ask your advice. We are told that we shall have the opportunity of discussing this matter to-morrow. Now can we discuss it on the Third Reading? I understand on the Third Reading we can only actually deal with matters that are in the Bill. If we can discuss it to-morrow, I will reserve my speech till then.

It is on Report, not Third Reading.

Question put, "That these words be there added."

The Committee divided: Ayes, 78; Noes, 181.

Division No. 41.]

AYES.

[1.20 a.m.

Acland-Troyte, Lieut.-Colonel

Beamish, Rear-Admiral T. P. H.

Bourne, Captain Robert Croft

Aske, Sir Robert

Bevan, S. J. (Holborn)

Bowyer, Captain Sir George E. W.

Balniel, Lord

Blindell, James

Boyce, H. L.

Bracken, B.

Gunston, Captain D. W.

Russell, Richard John (Eddisbury)

Brown, Ernest (Leith)

Hannon, Patrick Joseph Henry

Samuel, Rt. Hon. Sir H. (Darwen)

Burgin, Dr. E. L.

Hennessy, Major Sir G. R. J.

Savery, S. S.

Castle Stewart, Earl of

Hunter, Dr. Joseph

Scott, James

Colville, Major D. J.

Jones, F. Llewellyn- (Flint)

Scrymgeour, E.

Courthope, Colonel Sir G. L.

Lamb, Sir J. Q.

Shakespeare, Geoffrey H.

Crichton-Stuart, Lord C.

Llewellin, Major J. J.

Skelton, A. N.

Crookshank, Cpt. H. (Lindsey, Gainsbro)

Lymington, Viscount

Smithers, Waldron

Culverwell, C. T. (Bristol, West)

Macdonald, Capt. P. D. (I. of W.)

Southby, Commander A. R. J.

Davies, E. C. (Montgomery)

Maclean, Neil (Glasgow, Govan)

Stanley, Maj. Hon. O. (W'morland)

Dudgeon, Major C. R.

Margesson, Captain H. D.

Thomson, Sir F.

Edmondson, Major A. J.

Marjoribanks, E. C.

Titchfield, Major the Marquess of

Elliot, Major Walter E.

Monsell, Eyres, Com. Rt. Hon. Sir B.

Todd, Capt. A. J.

Evans, Capt. Ernest (Welsh Univer.)

Morrison, W. S. (Glos., Cirencester)

Wayland, Sir William A.

Ferguson, Sir John

Muirhead, A. J.

Wells, Sydney R.

Fielden, E. B.

Nathan, Major H. L.

White, H. G.

Foot, Isaac

Oliver, P. M. (Man., Blackley)

Williams, Com. C. (Devon, Torquay)

Fremantle, Lieut.-Colonel Francis E.

Owen, Major G. (Carnarvon)

Windsor-Clive, Lieut.-Colonel George

George, Megan Lloyd (Anglesea)

Owen. H. F. (Hereford)

Womersley, W. J.

Glassey, A. E.

Penny, Sir George

Wood, Rt. Hon. Sir Kingsley

Granville, E.

Percy, Lord Eustace (Hastings)

Wood, Major McKenzie (Banff)

Gray, Milner

Peters. Dr. Sidney John

Greene, W. P. Crawford

Ramsay, T. B. Wilson

TELLERS FOR THE AYES.—

Griffith, F. Kingsley (Middlesbro' W.)

Remer, John R.

Sir Robert Hutchison and Viscount

Elmley.

NOES.

Adamson, Rt. Hon. W. (Fife, West)

Hall, Capt. W. P. (Portsmouth, C.)

Mosley, Lady C. (Stoke-on-Trent)

Adamson, W. M. (Staff., Cannock)

Hamilton, Mary Agnes (Blackburn)

Mosley, Sir Oswald (Smethwick)

Addison, Rt. Hon. Dr. Christopher

Hardie, George D.

Muggeridge, H. T.

Alexander, Rt. Hon. A. V. (Hillsbro')

Hartshorn, Rt. Hon. Vernon

Murnin, Hugh

Alpass, J. H.

Hastings, Dr. Somerville

Noel Baker, P. J.

Angell, Norman

Haycock, A. W.

Oldfield, J. R.

Arnott, John

Henderson, Arthur, junr. (Cardiff, S.)

Oliver, George Harold (Ilkeston)

Ayles, Walter

Henderson, Thomas (Glasgow)

Palin, John Henry

Barnes, Alfred John

Henderson, W. W. (Middx., Enfield)

Parkinson, John Allen (Wigan)

Bellamy, Albert

Herriotts, J.

Perry, S. F.

Benn, Rt. Hon. Wedgwood

Hirst, G. H. (York W. R. Wentworth)

Pethick-Lawrence, F. W.

Bennett, Captain E. N. (Cardiff, Central)

Hirst, W. (Bradford, South)

Picton-Turbervill, Edith

Bennett, William (Battersea, South)

Hollins, A.

Ponsonby, Arthur

Benson, G.

Hudson, James H. (Huddersfield)

Potts, John S.

Bentham, Dr. Ethel

Jenkins, W. (Glamorgan, Neath)

Price, M. P.

Bevan, Aneurin (Ebbw Vale)

John, William (Rhondda, West)

Quibell, D. J. K.

Bowen, J. W.

Johnston, Thomas

Raynes, W. R.

Broad, Francis Alfred

Jones, T. I. Mardy (Pontypridd)

Richardson, R. (Houghton-le-Spring)

Brooke, W.

Jowitt, Rt. Hon. Sir W. A.

Riley, Ben (Dewsbury)

Brothers, M.

Kelly, W. T.

Roberts, Rt. Hon. F. O. (W. Bromwich)

Brown, C. W. E. (Notts. Mansfield)

Kennedy, Thomas

Romeril, H. G.

Brown, W. J. (Wolverhampton, West)

Kinley, J.

Rosbotham, D. S. T.

Burgess, F. G.

Lang, Gordon

Rowson, Guy

Caine, Derwent Hall-

Lansbury, Rt. Hon. George

Salter, Dr. Alfred

Cameron, A. G.

Lathan, G.

Sanders, W. S.

Cape, Thomas

Law, Albert (Bolton)

Sandham, E.

Carter, W. (St. Pancras, S. W.)

Law, A. (Rosendale)

Sawyer, G. F.

Charleton, H. C.

Lawrence, Susan

Scurr, John

Chater, Daniel

Lawrie, Hugh Hartley (Stalybridge)

Shaw, Rt. Hon. Thomas (Preston)

Clarke, J. S.

Lawson, John James

Shepherd, Arthur Lewis

Cocks, Frederick Seymour

Lawther, W. (Barnard Castle)

Sherwood, G. H.

Compton, Joseph

Leach, W.

Shield, George William

Daggar, George

Lee, Frank (Derby, N. E.)

Shillaker, J. F.

Dallas, George

Lees, J.

Short, Alfred (Wednesbury)

Dalton, Hugh

Lindley, Fred W.

Simmons, C. J.

Denman, Hon. R. D.

Lloyd, C. Ellis

Sinkinson, George

Dickson, T.

Longden, F.

Smith, Alfred (Sunderland)

Dukes, C.

Macdonald, Gordon (Ince)

Smith, Frank (Nuneaton)

Ede, James Chuter

McElwee, A.

Smith, Rennie (Penistone)

Edmunds, J. E.

McEntee, V. L.

Smith, Tom (Pontefract)

Edwards, C. (Monmouth, Bedwellty)

Mackinder, W.

Smith, W. R. (Norwich)

Edwards, E. (Morpeth)

Malone, C. L'Estrange (N'thampton)

Sorensen, R.

Egan, W. H.

Mansfield, W.

Spero, Dr. G. E.

Gardner, B. W. (West Ham, Upton)

Marcus, M.

Stamford, Thomas W.

Gibbins, Joseph

Markham, S. F.

Strachey, E. J. St. Loe

Gossling, A. G.

Marley, J.

Strauss, G. R.

Gould, F.

Mathers, George

Taylor, R. A. (Lincoln)

Graham, D. M. (Lanark, Hamilton)

Matters, L. W.

Taylor, W. B. (Norfolk, S. W.)

Greenwood, Rt. Hon. A. (Coine)

Melville, Sir James

Tinker, John Joseph

Grenfell, D. R. (Glamorgan)

Messer, Fred

Toole, Joseph

Griffiths, T. (Monmouth, Pontypool)

Mills, J. E.

Tout, W. J.

Groves, Thomas E.

Milner, J.

Townend, A. E.

Grundy, Thomas W.

Morgan, Dr. H. B.

Turner, B.

Hall, F. (York, W.R., Normanton)

Mort, D. L.

Vaughan, D. J.

Hall, G. H. (Merthyr Tydvil)

Moses, J. J. H.

Walker, J.

Wallace H. W.

Welsh, James C. (Coatbridge)

Wilson, C. H. (Sheffield, Attercliffe)

Watkins, F. C.

Whiteley, William (Blaydon)

Wilson R. J. (Jarrow)

Watson, W. M. (Dunfermline)

Wilkinson, Ellen C.

Wise, E. F.

Watts-Morgan, Lt.-Col. D. (Rhondda)

Williams, David (Swansea, East)

Young, R. S. (Islington, North)

Wellock, Wilfred

Williams, Dr. J. H. (Llanelly)

Welsh, James (Paisley)

Williams, T. (York, Don Valley)

TELLERS FOR THE NOES.—

Mr. Hayes and Mr. Wilfrid Paling.

Clauses 20 ( Exclusion of widows' and orphans' pensions in assessment of damages), 21 ( Provisions as to sickness or other benefit paid to person entitled to old age pension ), 22 ( Application of principal Act to adopted children ), and 23 ( Provision for stated case to Court of Session by referees in Scotland ), ordered to stand part of the Bill.

CLAUSE 24.—(Short title, commencement, construction, extent and repeal.)

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

I know that it is late, but, even if it is late at night, I am here in order to assist the Government in carrying through their Bill. I wish to call the attention of the Committee to Subsection (3) before it is passed, and I wish particularly to call the attention of the Attorney-General to it. It reads as follows:

"(3) Unless in any case the context otherwise requires, any reference in this Act to the principal Act or to any enactment contained in that Act shall be construed as a reference to that Act or to that enactment as amended by this Act, and any reference in this Act to the Insurance Act or to any enactment contained in that Act shall be construed as a reference to that Act or to that enactment as amended by any other Act, including this Act."

I would like to ask the Attorney-General, first of all, "What does the Sub-section mean?" and, secondly, "Is it necessary?" Is it necessary at all? My submission is that it is not necessary, having regard to Sub-section (1). This, I understand, is a Measure that is going to deal with poor people, and the party opposite, when they came into office and power, came into office and power as the result of the uprising of the common people. I want to know how many of the common people can understand this Sub-section. It is an ideal to keep before ourselves that a Measure which does affect so many of the poorer members of the community should be something that they can themselves understand. I have a high regard for the Attorney-General, and I know he can speak on any subject with such charm and capacity that he could read this Sub-section in such a way as to make it sound like a sonnet of Wordsworth. I do not know who was responsible for the Sub-section, whether the Minister himself or the Parliamentary Secretary. I think it must have been the Parliamentary Secretary, because she said during the discussions on the last Bill, that it could only be explained by algebra. I think it is a pity that there should not be some better ending to this Bill—something a little more worthy of those who speak the tongue of Shakespeare. If some improvement is not made, especially if you read this Sub-section with Clause 5, the Bill will hardly do credit to this great assembly of Parliament. If it is allowed to go without explanation, then I can only apply to it the words of an old Member of this House whose name has been bandied about in these Debates, and who was a Member nearly 100 years ago; he described one Measure as being

"an accumulated patchwork of occasional accommodations."

I ask for an explanation so that we can put this Sub-section (3) to our people in the market-place with some reasonable possibility of its being understood.

I would like to explain that I am not in any way responsible for this Sub-section, and further to express my hearty concurrence with the hon. Member in saying that it is not in the least reminiscent of the language of Shakespeare. I will further confess that when I first read it I had not the least understanding of what it meant. On further study, however, it did yield a meaning, and I think it is a Sub-section that we had better have. There are many other Clauses—Clause 16, for example—in which the Minister has power to revise awards or decisions given under the principal Act. There are many illustrations of the amendment of the principal Act and his power to amend or revise awards or decisions given applies to the principal Act as amended by this Bill. This Clause is, I agree, somewhat laboured, because it deals not only with the principal Act but with enactments contained in that Act. This is necessary, because the principal Act, in its turn, refers to the group of Acts connected with Old Age Pensions.

Will the hon. and learned Gentleman tell us the difference between an Act and an enactment in an Act.

I think the distinction, surely, is obvious. In the case of an Act, it is the source or foundation of the legislative provisions. If, in an Act, you refer to some other Act, the source of those later legislative provisions is contained in the Act so referred to. Let me give an illustration. If, in the principal Act you refer to the Old Age Pensions Act, the operative provisions of the Old Age Pensions Act have the force of law, not because they are referred to in the principal Act, but because they are in the Old Age Pensions Act. As a matter of construction, I would suggest that, clumsy as this Clause is, one could not say that its omission might not have an effect which neither the hon. Member for Bodmin (Mr. Foot) nor those sitting with him would desire.

I have no desire to pursue the matter any further. I will only add that at the meeting in the market-place to which I referred, when the question is put to me as to what this Clause means, I propose to read the explanation that has just been given to us by the Attorney-General.

Question, "That the Clause stand part of the Bill," put, and agreed to.

NEW CLAUSE.—(Administration of pensions in case of certain lunatics.)

(1) Regulations made under Sub-section (1) of Section thirty of the principal Act shall provide that any pension which a pauper lunatic to whom this section applies may be entitled to receive shall be paid to some local authority or other person to be administered—

( a ) in providing, up to such amount as may be prescribed by the regulations, additional comforts for the lunatic; and

( b ) for the benefit of such dependants of the lunatic as are not contributing to the expenses incurred by any Poor Law authority in respect of his support;

Provided that the regulations shall provide that, where the lunatic has no such dependants, such sum only as may be required for the purpose of providing additional comforts for him shall be paid to the local authority or person administering the pension.

(2) This section applies to any pauper lunatic who is detained in any asylum as such or is being maintained in any other place as such.

(3) For the purposes of paragraph ( b ) of Section twenty-two of the principal Act any sum accruing due on account of a pension which a pauper lunatic to whom this section applies is entitled to receive shall, notwithstanding his incapacity to give a receipt therefor, be regarded as becoming payable on the date on which it would have become payable if he had not been so incapacitated.—[ Miss Lawrence. ]

Brought up, and read the First time.

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

The Committee will perceive on the Order Paper a somewhat long Amendment. There is a very great demand that, where a man has paid for a pension all his life, he shall not lose all the benefits from it because he is a lunatic. We take power, therefore, in the Schedule to provide for that, but, if we passed the Schedule and nothing else, the result would obviously be that such a man's pension would go in relief of rates, and that is obviously not the desire of those who wish that he should obtain some benefit from the pension for which he has paid. Those who are not pauper lunatics can be dealt with under Regulations under Section 30 (1) of the Act. Those who remain pauper lunatics can be dealt with under the Regulations set out here. It is necessary to draw them in rather different form to the other Regulations and to get statutory sanction because of the peculiar position of the pauper lunatic. In the first case, the pension will be charged with the care of his dependants. In the ordinary case, it would go to his wife and children. There is an exception in the case of dependants who are contributing through the Poor Law to his support. It is because, as they are paying a certain sum through the Poor Law, the result would be the same and the pension would go in relief of rates; and we do not want that. In the ordinary case of a married lunatic the pension will go to his wife and children.

We have also arranged that a small amount will go to the provision of extra comforts for the lunatic himself. The rest will go to national insurance. If there is anything left over it will be kept for him if he recovers, but no greater sum than three months' pension will be allowed to accumulate. There is a reason for that. The Ministry and the Board of Control, with whom we have been in close consultation, consider that it would be a very dangerous thing to allow large sums of money to accumulate for the benefit of a pauper lunatic. Unscrupulous relatives might get the man out and spend the money, or, in the case of death, might keep the man in in order to inherit the money. Under Section 22 then only three months' pension can accumulate. All these provisions are to meet the case of a man who is out of his mind and who is a pauper. They have all been drawn up in consultation with the Board of Control, and I hope that with this explanation the Committee will allow the Clause to pass.

Question put, and agreed to.

Clause read a Second time, and added to the Bill.

NEW CLAUSE.—(Benefits payable in respect of widows and orphans.)

Notwithstanding anything in this Act or in the principal Act, the benefits set out in paragraphs ( a ) and ( b ) of Sub-Section (1) of Section one of the principal Act shall from the commencement of this Act become payable to or in respect of the widow or orphan children of any man who was at some time before his death insured under the Insurance Act and by or in respect of whom not less than one hundred and four contributions had been paid since the date of his entry into insurance.—[ Mr. Llewellyn-Jones. ]

Brought up, and read the First time.

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

My reason for suggesting the addition of this Clause to the Bill is that, unless you have a Clause of this nature inserted, you will find that serious injustice will operate with regard to certain persons who ought to be covered by it. We do not ask that a person should not have paid a certain number of contributions, but we ask that in the case of persons who have gone out of insurance, possibly a few months before their death, their dependants, their orphans and widow, should not be disqualified from receiving benefit on that account. At this time of the morning I do not wish to go fully into the grounds for moving this new Clause, which I trust will commend itself to the. Committee. I hope the Minister will see his way to accept the Clause.

I had hoped, as we are now near the end of the Bill, to be able to accept this new Clause, but I feel that it is impossible for me to do so. Although the hon. Gentleman referred to the case of the man who had only gone out of insurance possibly a few months, I am afraid that the operation of the Clause would go beyond that, and that the effect of it would be that insured persons who had paid 104 contributions and had then ceased to be insurably employed by going into some other and probably more remunerative work, would have, as far as we are concerned, no reason at all to continue payment of contributions on a voluntary basis as they would already have secured their rights to the widows' pensions under this scheme. You would then get this result. The man who in his earlier years, not a few months before but many years before, had been insurably employed and whose income had gone beyond the insurable limit, would have secured a pension for his wife and children whenever he died without further payment, however well off he might be, whereas the vast majority of people would still have to go on paying their contributions long after they had paid their 104 contributions. That is a condition that could not be accepted in this Bill. It would be putting a premium into the hands of people who happen to be fortunate enough to rise above the income limit after paying their 104 contributions. No further call would need then be made upon them while the compulsorily insured person would be called upon to pay his contribution weekly until his death or until the age of 65. I cannot think that the Committee would really accept that proposal. This is an attempt, the object of which I appreciate, to do a little more for people who would be left outside the Bill. We have heard a great deal about anomalies in the course of the Committee stage, but this would create a very serious anomaly by giving favours to a relatively small section of the well-to-do people at the expense of the great mass of the insured workers who are manually employed.

Question, "That the Clause be read a Second time," put, and negatived.

NEW CLAUSE.—(Right in respect of men dying after commencement of the principal Act.)

"Where an insured man has died within a period of one hundred and four weeks after the commencement of the principal Act a widow's pension shall be payable to his widow and an orphan's pension in respect of any orphan child left by him, in the like circumstances and under the like conditions as if the husband or father, as the case may be, had died before the commencement of the principal Act, and the provisions of Section eighteen of that Act had been complied with."—[ Mr. Womersley. ]

Brought up, and read the First time.

I beg to move "That the Clause be read a Second time."

We have to-night already discussed the question of share fishermen, for whose benefit I wish to move this new Clause. In the circumstances, I shall content myself with moving it formally.

Question, "That the Clause be read a Second time," put, and negatived.

FIRST SCHEDULE.—(Disqualifications for Receipt of Pension.)

I beg to move, in page 21, line 21, after the word "to," to insert the words:

"maintenance in any place as a pauper lunatic or to."

This Amendment really arises out of the new Clause already adopted.

Amendment agreed to.

Further Amendments made:

In page 21, line 24, leave out the words "to a person who," and insert instead thereof the words "who having been so entitled."

In line 26, at the end, insert the words:

"or to a person who is entitled to an old age pension under the Old Age Pension Acts, 1908 to 1924, by virtue of paragraph ( d ) or ( e ) of Sub-section (1) of Section twenty of the principal Act."—[ Mr. Greenwood. ]

Schedule, as amended, agreed to.

Second Schedule ( Enactments Repealed ) agreed to.

Bill reported; as amended, to be considered tomorrow, and to be printed. [Bill 73.]

Highlands and Islands (Medical Service) Additional Grant [Money]

Considered in Committee under Standing Order No. 71A.

[Mr. ROBERT YOUNG in the Chair.]

Motion made, and Question proposed,

"That, for the purposes of any Act of the present Session to make provision with respect to an additional special grant for the purpose of improving medical service in the Highlands and Islands of Scotland, it is expedient to authorise the payment to the Highlands and Islands (Medical Service) Fund, in addition to the sum of forty-two thousand pounds payable to the Fund under Sub-section (1) of Section one of the Highlands and Islands (Medical Service) Grant Act, 1913, of such sum as may be annually voted by Parliament for the purpose."—[ Mr. W. Adamson ]—( King's Recommendation signified. )

In 1913 Parliament made special provision for the payment of a special grant of a fixed amount of £42,000 per annum for the purpose of the improvement of medical services in the Highlands and Islands, and for other purposes connected therewith, and since that date this fund has been of inestimable benefit to the people in those remote parts of Scotland, but it has been found in the working of the service that an additional sum of money is necessary, and this Motion is being proposed for that purpose. I do not propose at this late hour to go fully into the question, beyond saying that if hon. Members wish a further explanation or to discuss the matter a further opportunity will be provided on other occasions.

We fully agree on the pledge of the Secretary of State for Scotland that, if discussion is required, opportunity will not be withheld, to let the Secretary of State have the Motion. The services which this Motion covers extend to a little more than half the area of Scotland, and they have been kept up until now by untilising unexpended balances during the War. The time has come when a larger grant is necessary, and, as opportunity will be provided for further debate, we agree.

The same remarks apply to hon. Members below the Gangway.

Question put, and agreed to.

Resolution to be reported To-morrow.

Gas Undertakings Acts, 1920 and 1929

Resolved,

"That the draft of a Special Order proposed to be made by the Board of Trade under the Gas Undertakings Acts, 1920 and 1929, on the application of the Bury St. Edmund's Gas Company, which was presented on the 16th day of July and published, be approved."

Resolved,

"That the draft of a Special Order proposed to be made by the Board of Trade under the Gas Undertakings Acts, 1920 and 1929, on the application of the Horsham Gas Company, Limited, which was presented on the 24th day of July and published, be approved, subject to the following modifications:

In Clause 31, page 15, omit the words 'Companies (Consolidation) Act, 1908 (8 Edw. VII, c. 69),' and insert the words 'Companies Act, 1929 (19 and 20 Geo. V, c. 23).'"

Resolved,

"That the draft of a Special Order proposed to be made by the Board of Trade under the Gas Undertakings Acts, 1920 and 1929, on the application of the Bilston Gas Light and Coke Company, which was presented on the 29th day of October and published, be approved."

Resolved,

"That the draft of a Special Order proposed to be made by the Board of Trade under the Gas Undertakings Acts, 1920 and 1929, on the application of the Sutton Gas Company, which was presented on the 29th day of October and published, be approved, subject to the following modification:

In Clause 19, Sub-Clause (2), after 'Auditors,' insert 'or an accountant approved by the Board of Trade.'"— [ Mr. W. R. Smith. ]

The remaining Orders were read, and postponed.

It being after half-past Eleven of the Clock upon Monday evening, Mr. DEPUTY-SPEAKER adjourned the House, without Question put, pursuant to the Standing Orders.

Adjourned at Two Minutes after Two o'Clock.