House Of Commons
Thursday,23rd May,1935.
The House met at a Quarter before Three of the Clock, Mr. SPEAKER in the Chair.
Private Business
London County Council (Money) Bill (by Order),
Second Reading deferred till Thursday next.
Stoke-on Trent Corporation Bill [ Lords] (by Order),
Read a Second time, and committed.
Urmston Urban District Council Bill [ Lords] (by Order),
Second Reading deferred till Monday next.
Renfrewshire County Council (Lochwinnoch, & c.) Water Order Confirmation Bill [ Lords],
Stirlingshire and Falkirk Water Order Confirmation Bill [ Lords],
Read the Third time, and passed, without Amendment.
Oral Answers To Questions
Unemployment (Seasonal Workers)
1.
asked the Minister of Labour when he hopes to receive the report from the Unemployment Insurance Statutory Committee on their examination of the working of the regulations relating to seasonal workers?
I understand that the committee hope to submit their report on this subject by the end of July. The question of seasonal workers was submitted to the committee on 18th March and they at once invited representations from persons interested but some important representations are only now being received.
Has there been any undue delay in connection with this report?
No, Sir. The committee have a great many varied subjects to deal with and they are working very hard. I do not think they can possibly be accused of any undue delay.
May we take it that the hon. Gentleman's answer implies that no decision is likely to be taken by the Government during this Parliamentary Session?
That largely depends upon what the report is and whether it can be put into operation easily or whether it will require legislation.
Essex Constabulary (Complaint)
2.
asked the Secretary of State for the Home Department whether he will investigate the circumstances attending the assault by police constables upon two men at Romford, Essex, on Tuesday,7th May; and whether he is aware that the men in question were attacked both in the highway and at the police station?
If these men wish to pursue their complaint against members of the Essex Constabulary, they should communicate with the Chief Constable, in whom the disciplinary control of the force is vested by Statute.
Does the right hon. Gentleman mean by letter; and, if they attend in person, can they be assured that they will not be attacked?
Industrial Diseases (Nystagmus)
3.
asked the Home Secretary whether he is aware of the feeling among the workmen suffering from nystagmus against there being only one medical referee to decide on cases sent before him; and will he consider the advisibility of making two medical referees in place of one to certify the condition of the workman?
The hon. Member's suggestion would involve an important departure from the present provisions as to medical certification which could not be adopted without full inquiry. As I stated in reply to a question by 'bin' last Thursday, the whole position in regard to this disease is under consideration.
Is the right hon. Gentleman aware that it is now a long time since he made an order; that since then events have shown that many men are not getting the satisfaction to which they think they are entitled, in that one person decides their fate and that decision is final?
While recognising the complexity of this difficult problem, as the present position is fair neither to employer nor employé, will the right hon. Gentleman consider the possibility of arriving at an arrangement which will be fairer to both sides?
Yes, certainly.
In view of the obviously unsatisfactory nature of the law in this connection and the great uneasiness and discontent which exists in the coalfield concerning it, will the right hon. Gentleman consider the advisability of appointing a Departmental Committee to consider what alterations in the law appear to be desirable?
I am considering the whole question. I do not wish to make any statement at present.
Air Raid (Protection)
6.
asked the Home Secretary whether he will give particulars of the work to be undertaken by the Legion of Frontiersmen in connection with the protection of the civil population during gas attacks; and whether this includes gas-mask drill, compulsory or otherwise?
I understand that the Legion of Frontiersmen, like some other voluntary organisations, is in touch with the Order of St. John and the British Red Cross Society with a view to assisting in the measures to be organized by those bodies for the alleviation of the consequences of air attack. I have informed the Legion that in my opinion assistance of this nature would be work of national importance. No specific duties have been allotted to this body at present and any drill which may have been undertaken has been arranged voluntarily.
Transport
Speed Limit (Prosecutions)
7.
asked the Home Secretary whether, in view of the fact that during the month of April there were over 700 summonses in the Metropolitan area for exceeding the 30mile-per-hour speed limit, over 90 per cent. of which were convictions against drivers alone in their cars, he will give instructions to the police not to prosecute drivers alone in their cars unless some outside corroborative evidence can be produced?
I regret that I cannot accept either my hon. Friend's figures or his suggestion. As explained in my answer of Monday last, I have no information as to the percentage of proceedings against unaccompanied drivers but the total number of summonses in April was not 700 but about 2,000.
May I, then, verify these figures to the right hon. Gentleman, because I am in a position to do so?
I am always prepared to consider any figures which may be given to me.
In view of the fact that any undue proportion of single drivers being prosecuted may give the impression of a "frame-up," can the right hon. Gentleman give us an assurance that the police will not confine their prosecutions to single drivers, but will enforce the law on all drivers, irrespective of whether they have passengers with them or not?
I have no reason to doubt that that is exactly the procedure at the present time. It must not be supposed by the House that there is any discrimination whatever between single drivers and others. It must be clearly understood that there can be no specific segregation of single drivers as such.
The figures are rather hard to explain.
House Of Hoar Withy Toll-Bridge, Herefordshire
41.
asked the Minister of Transport whether he can make any statement as to the present position regarding the scheme proposed by the Herefordshire County Council for the purchase of the Hoarwithy toll-bridge and the freeing of this bridge from tolls?
My hon. Friend is to-day issuing a grant from the Road Fund of 50 per cent. of the purchase price of the Hoarwithy toll-bridge, which the Herefordshire County Council have agreed to acquire. My hon. Friend has made it a condition that the bridge is to be freed from tolls as soon as the purchase has been completed.
Distribution of Factories according to size,1933.
| ||||||
| Size Group. | Factories. | Persons employed. | ||||
| Number. | Per cent of Total. | Total. | Per cent. of Total. | |||
| 1–25 | … | … | 103,989 | 77·8 | 660,168 | 14·0 |
| 26–50 | … | … | 11,479 | 8·6 | 411,648 | 8·7 |
| 51–100 | … | … | 8,133 | 6·1 | 567,922 | 12·1 |
| 101–250 | … | … | 6,460 | 4·8 | 1,017,526 | 21·6 |
| 251–500 | … | … | 2,307 | 1·7 | 793,880 | 16·9 |
| 501–1,000 | … | … | 380 | 0·7 | 604,264 | 12·9 |
| 1,001 and upwards | … | … | 335 | 0·3 | 648,946 | 13·8 |
| Total | … | … | 133,583 | — | 4,704,354 | — |
| The figures as regards England and Wales and Scotland are not separately classified. | ||||||
Public Health
Food Preservation (Eggs)
12
asked the Minister of Health whether he is aware that preservatives are now being used in imported liquid eggs; and whether, in view of the terms of the Preservatives in Food Order, he will prohibit this, as in home-produced cream and other food stuffs.
The Preservatives Regulations already prohibit the addition of any preservative (as defined in the Regulations) to liquid eggs intended for food. I am not aware of any recent contraventions of the Regulations in this respect, but if my hon. Friend can give me particulars of such contravention I will make further inquiries.
Factories (Distribution And Employment)
8 and 9.
asked the Home Secretary whether he can give for the latest convenient date the total number of factories in England and Wales and also in Scotland, classified in both cases in accordance with the number of persons employed;
(2) whether he will state for the year 1934 the total number of persons employed in each group of factories under the classification which has been made according to the number of persons employed?The latest information available is for 1933. As it involves a table of figures, I will circulate it in the OFFICIAL REPORT.
Burning Pit-Heaps
18
asked the Minister of Health whether he has considered the letter from the Atherton District Council containing a resolution, carried unanimously by the council, urging the introduction of legislation to give them greater powers to deal with the nuisance caused by burning colliery tips, and stating that they have two such tips burning at present and, though the colliery company are trying to put them out, the council feel that powers should be given to prevent the accumulation of colliery refuse that causes spontaneous fires; and will he say what he intends to do?
I received the council's letter on Tuesday last and I am in communication with the Secretary for Mines as regards the question.
Will the right lion. Gentleman consider introducing a Bill to deal with this matter, or else induce the Chief Whip to withdraw his opposition to my Bill?
Poisons And Pharmacy Bill
5.
asked the Home Secretary what progress has been made with the drawing up of a new list of poisons under the Poisons and Pharmacy Act of 1933; and by what date it is anticipated this new list will be available?
I am informed that the Poisons Board has prepared the Poisons List and is about to submit it to me, together with its recommendations in regard to the rules to be made under the Act. It is hoped that the proposals of the Board will be available to Members before the Whitsun Recess.
Will the right hon. Gentleman consider the inclusion of methylated spirits in the new list of poisons?
Public Assistance Recipients (Statistics)
13
asked the Minister of Health whether he can furnish an estimate of the extent to which the increased number of persons in receipt of public assistance in the last 20 years is due to the increasing percentage of the population surviving the age of 65?
As the reply to my hon. Friend is rather long and contains a number of figures, with his permission I will circulate it in the OFFICIAL REPORT.
Following is the reply.
The only available figures before 1928 of persons over 65 years of age receiving relief is for 1906. The number in that year (excluding persons in mental hospitals) was 319,000, being 188 per 1,000 of the persons of that age in the population. In 1928 the corresponding figures were 203,000 and 75, and in 1934,247,000 and 77. It will be seen therefore that, as compared with 1906 (before old age pensions were introduced), there has been a large decrease, and, since 1928, though a substantial increase in total number only a small increase in the proportion. It is not practicable to estimate how much of the increase in the total number in recent years is due to the cause mentioned by my hon. Friend, but I may state that some 86 per cent. of the persons over 65 years receiving relief were relieved on account of sickness.
Unemployable Blind Persons
14.
asked the Minister of Health whether an unemployable blind person is regarded as one not capable of industrial occupation regardless of age or whether incapacity is regarded as unlikely to benefit from training; and whether his Department issues specific regulations to local authorities governing this principle?
I have not issued any specific instructions on this subject but model clauses have been prepared for the guidance of local authorities who make regulations governing the provision of financial assistance for the unemployable blind, and in these an unemployable blind person is defined as a person over a specified age who is not employed or under training, and who in the opinion of the authority is incapable of employment in an economic sense or of being trained.
Urban District Councils (Chairmen)
15.
asked the Minister of Health whether he will consider the advisability of taking the necessary steps to confer upon the chairmen of urban district councils during their period of office, as an appreciation of their public services, some ancient historic title such as reeve, provost or steward?
This subject was considered about 20 years ago but no recent representations have been received from the Association of Urban District Councils. Should there be any general desire for a change on the part of the local authorities concerned, and if a suitable alternative can be suggested I should be willing to consider the matter, but I doubt whether there is any such desire.
What was the result of the consideration 20 years ago?
As far as my recollection goes, it was that to which I have referred in my answer. It was doubted whether there was any general desire for such a change.
Housing
Skilled Mechanics
16.
asked the Minister of Health the number of skilled mechanics in the country in the various branches of the building trade that enter into a housing operation; and how many beyond' the number now usually in employment would be available for the work contemplated under the present Housing Bill?
The description of a "skilled mechanic" does riot form the basis of any classification as to what statistical information is available; as to the second part of the question, no estimate can be formed until the completion of surveys under the Bill.
Does my right hon. Friend not think it desirable to urge a little speed in this connection, if one of the Government Departments has already increased the price of skilled mechanics by 2½d. an hour?
I am not aware of the circumstances to which the hon. Member is referring, but, if he will be so good as to submit them to me, I shall be glad to go into the matter.
Does the Minister not think that the tendency is to overemphasise the shortage of skilled workers in this and other industries, in view of the fact that there are 2,000,000 unemployed?
No, Sir. As far as the building trade is concerned, undoubtedly this is a matter that requires attention.
Building Materials (Bricks And Cement)
17.
asked the Minister of Health the average of the possible total annual brick output of the English manufacturers for the years 1933 and 1934; the average possible total annual tonnage output of the English cement factories for the same years; and what would be the quantity of these commodities available for use in the coming years under the requirements of the new Housing Bill after providing for all other requirements without undue expansion of the various yards and factories?
No such complete statistical information is available as would enable me to make a statement in figures of the quantities to which my hon. Friend refers. The information available to the Prices of Building Materials Committee and myself shows no reason to anticipate that English manufacturers of brick and cement will be unable to meet all requirements under the new Housing Bill.
Is the Minister prepared to peg the price of building materials at the level which is now being paid?
Old Age Pensions
19.
asked the Chancellor of the Exchequer whether he is aware of the numerous resolutions passed by local authorities respecting the number of applications at present received by old pensioners for augmentation of income, especially from those living alone, owing to the inadequate amount of pension received, and asking the Government to consider the introduction of legislation for increasing the amount of pension from 10s. to 15s. per week; and whether he will take the necessary action to introduce legislation implementing the suggestions?
I have no personal knowledge of any resolutions of the kind indicated in the question. As the Financial Secretary informed the hon. Member for Leigh (Mr. Tinker) on the 15th April last, the cost of the increase suggested would be an extra sum of £21,800,000 a year to which a further £19,700,000 a year must be added if contributory pensioners between the ages of 65 and 70 and widows were to receive a similar increase. I am afraid that these figures render the proposed increase impracticable on grounds of cost alone.
Do I understand that the right hon. Gentleman has no knowledge of the resolutions?
I said I had no personal knowledge. I think that the hon. Gentleman's question was originally addressed to another Minister.
Agriculture
Meat Imports
23.
asked the Minister of Agriculture whether he has any statement to make as to the progress of negotiations with representatives of the Dominions on the subject of meat imports into this country?
I have been asked to reply to this question. Discussions are now proceeding with the Dominions concerned and with Southern Rhodesia, but I am not at present in a position to make a statement.
Is my right hon. Friend aware that great interest is being taken in this question in agricultural districts, and can he give us any idea how soon he will be in a position to make a statement?
No, Sir. I am well aware of the interest in agricultural districts, and I can give them the assurance that the Government are not unmindful of their interests, but it is a very difficult subject.
Is anybody looking after the interests of the consumers in these discussions?
The Government feel that their special obligation is to look after the interests of everybody.
Bacon Industry
26.
asked the President of the Board of Trade the earliest dates in each case at which it will be possible to discontinue the present bacon import quota arrangements under the several trade agreements concerned, and to provide for the protection of the home bacon industry by other means?
I assume that my hon. Friend refers to the possibility of imposing an import duty or levy on bacon. I am sending him a list of the agreements in whichwehave guaranteed free entry of bacon. The latest to expire would be those with the Baltic countries and Poland which can be terminated, after six months' notice, on 31st December,1936.
Why should there be a, free entry from these countries which are determined to put on protection?
Because of value received.
It, is hard lines on our pig growers.
Potato Acreages
22.
asked the Minister of Agriculture whether he is aware that the Potato Marketing, Board proposes to accept the measurements of the ordnance survey maps in checking potato acreages; that there is strong feeling amongst farmers against this procedure and in favour of the measurement of all acreages; and whether, in view of the fact that the ordnance maps of many districts are out of date, he intends to take any action in this matter.
I am informed by the Potato Marketing Board that it is their intention to appoint agents in various parts of the country to verify the potato acreages of registered producers. Any representations producers may wish to make as to the board's arrangements in this connection can, I think, best be considered by the board which itself represents producers.
Trade And Commerce
Setts And Kerbs (Imports)
24.
asked the President of the Board of Trade whether his attention has been drawn to the recent importation of setts and kerbs from British India and the United States at abnormally low prices; and whether he will consider the serious unemployment existing among British granite workers and quarriers when he is negotiating future agreements with the Dominions and foreign countries.
The answer to both parts of the question is in the affirmative.
Is it not the case that a number of local authorities using Indian kerbs are in fact employing native labour in order to get their work done cheaply?
I should not like to answer that question without notice.
Is the right hon. Gentleman satisfied as to the consumption of Cornish granite.
Or of West Highland granite?
Turkey
25.
asked the President of the Board of Trade the present position with regard to the clearing negotiations with Turkey; and whether he will consider the advisability of imposing a duty on Turkish figs in view of the prolonged delay and difficulty in obtaining agreement?
Discussions with the Turkish Government have recently been resumed in Angora, and will, I hope, result in an agreement in the near future. In these circumstances the question of the retaliation suggested by the hon. Member does not at present arise.
Does my right hon. Friend think it is time something was done to hasten a decision?
I prefer to be cautious in the use I make of retaliatory weapons.
Does the right hon. Gentleman regard the new policy of the Liberal party as the best means of settling disputes?
United States Tariff (Polishing Cloth)
27.
asked the President of the Board of Trade whether he is aware that on a special type of polishing cloth shipped to United States of America in 1934 the duty charged was equal to 90 per cent. of the value; and whether he will cause representations to be made on the subject to the Government of the United States of America?
I would refer my hon. Friend to the reply which was given yesterday to the hon. Member for Westhoughton (Mr. Rhys Davies) of which I am sending him a copy.
Italy And Belgium
28.
asked the President of the Board of Trade whether he will make a statement in regard to the recent agreement entered into between Italy and Belgium in which Italy agreed to take 400,000 tons of coal per annum from Belgium; and whether the question of the continued employment of Italians in the Belgium coal mines in any way influenced this agreement?
I understand that negotiations are in progress between Italy and Belgium with a view to the conclusion of an arrangement under which in return for certain concessions the Italian Government will provide for the importation of a guaranteed quantity of Belgian coal. So far as I am aware, an agreement on the subject has not yet been finally concluded.
Trade Fair, Hong Kong
32.
asked the Secretary to the Overseas Trade Department whether he will reconsider his decision not to exhibit at the British Empire China Trade Fair at Hong Kong on a basis of contributions made by the industries concerned in this country; and, if so, what would be the amount of the contributions required?
I have been asked to reply. If representative sections of the industries of this country interested in trade with China approach my hon. and gallant Friend with concrete suggestions for the organization of a United Kingdom exhibit, he will be glad to consider them. It would be necessary for the exhibitors to pay the cost involved, the amount of which would depend upon the extent of their participation. There is, of course, nothing to prevent interested firms from applying for space individually direct to the organisers.
May I ask if the Department will contribute also?
That is a special question which had better be put down.
Australian Frozen Rabbits
20.
asked the Minister of Agriculture whether he is aware of the existence of abnormally heavy stocks of Australian frozen rabbits in this country at the present time and of the injury to the home market thereby caused and whether he proposes to take any steps to deal with the situation?
Imports of Australian frozen rabbits during the period January to April this year have been about 43 per cent. less than in the corresponding period in 1934 and about 47 per cent. less than in 1933. I understand, however, that English supplies have been heavy and that prices have fallen in consequence. I have no figures relating to stocks of Australian frozen rabbits in this country, but I have no reason to suppose that present stocks are abnormally large.
Palestine (Floods, Tiberias)
29.
asked the Secretary of State for the Colonies whether he is aware that on 1st May last the Sea of Galilee overflowed its banks and flooded the cellars of some of the houses in Tiberias, as well as the low-lying ground; that, owing to the formation of stagnant pools, there is fear of an epidemic of malaria; and whether he will take steps to insist that the sluices in the River Jordan shall be kept open to prevent the raising of the lake in future above its normal level.
I have no information regarding the situation referred to in the hon. Member's question, but I have asked the High Commissioner for Palestine for a report.
Will my right hon. Friend find out what was in those cellars?
No.
Kenya
30.
asked the Secretary of State for the Colonies whether in view of the fact that, with the exception of a few scattered doroba, no native occupiers of land in the European Highlands of Kenya had been removed or dispossessed since the receipt of the Morris-Carter Report, there are now any further exceptions to this; and, in particular whether he will inquire whether any of the Kikuyu landholders at Tigoni have been ordered to move elsewhere?
I am not aware of any further moves from the European Highlands; but I will make inquiries of the Acting Governor.
31.
asked the Secretary of State for the Colonies whether he is aware that an order has been issued to the missionary in charge at Fort Hall, ordering the uprooting of all coffee trees planted there by the Kikuyu, although they were planted before the passing of the Native Grown Coffee Rules,1934; whether any compensation has been paid to the owners of these trees and, if so at what rate; and whether there is any provision for compensation in all cases where these rules are enforced retrospectively?
I have no information, but I will ask the Acting Governor for a report.
Scotland
Criminal Lunatic Department, Perth (Staff Pay)
35.
asked the Secretary of State for Scotland whether he is aware that the Stanhope Pay Committee in 1923 recommended assimilation of the pay and allowances of the staff of the Criminal Lunatic Asylum, Perth, with those of the staff of the Criminal Lunatic Asylum, Broadmoor; and if this assimilation has been carried out?
Effect was given to the recommendations of the Stanhope Committee relating to the staff of the Criminal Lunatic Department at Perth, but the Committee made no recommendation of the nature suggested in the question.
Park Deer Forest, Lewis
39.
asked the Secretary of State for Scotland the area of the Park Deer Forest in Lewis whether he has received any applications for holdings upon it and whether he proposes to take any action to constitute holdings thereon?
I understand that the area of Park Deer Forest in Lewis is in the region of 40,000 acres. Five applications have been received from men in Harris and four applications from men in Lewis for holdings on the Scaladale portion of the Forest. In view of the nature of the ground and its inaccessibility my right hon. Friend does not propose to take any action to constitute holdings there.
Arrests, Paisley
40.
asked the Secretary of State for Scotland whether he is aware that two unemployed workers were arrested at Paisley on 10th May for refusing the orders of the police to stop a meeting of unemployed which they were addressing; that both were tried at the local police court on Monday,13th May, charged with breach of the peace and obstruction, found guilty, and sentenced to 40 days' hard labour without the option of a fine; and whether he is prepared to review the case and grant a remission of this sentence?
From inquiries made I understand that appeals have been presented to the High Court of Justiciary in these cases, and that the two men were granted interim liberation yesterday. In the circumstances I am unable to make any further statement.
River Tweed (Pollution)
33.
asked the Secretary of State for Scotland whether he proposes to take any action regarding the representations recently made to him by the Tweed Commissioners on the subject of sewage purification in the upper reaches of the Tweed?
I would refer my hon. and gallant Friend to the reply given to the question on this subject on the 27th March last. As my right hon. Friend then stated, the Department of Health for Scotland have urged the Local Authorities concerned to give effect so far as this has not yet been done to the recommendations of the Advisory Committee as to the pollution of the Tweed.
34.
asked the Secretary of State for Scotland whether he is aware that at times when the water level of the upper reaches of the River Tweed is low there is serious pollution of the river through sewage and trade effluents, and that this state of affairs is likely to become much more marked by the present scheme to impound a substantial quantity of the head water for the Edinburgh supply and what action he proposes to take?
With regard to the first part of the question, my right hon. Friend is aware that there is considerable pollution of the Tweed at certain points by sewage and trade effluents. With regard to the second and third parts, the proposals of the Edinburgh Corporation are contained in a Draft Provisional Order which has been lodged by the corporation and is being considered in accordance with the Private Legislation Procedure (Scotland) Acts,1929 and 1933. In the circumstances my right hon. Friend regrets that he can make no comment on the matter at present.
British Army (Aldershot Tattoo)
42.
asked the Financial Secretary to the War Office to what institutions or purposes the profits derived from the military tattoo are devoted?
The profits derived from the Aldershot tattoo are devoted to Service charities and to the provision of recreational facilities for the troops of the Command.
43.
asked the Financial Secretary to the War Office whether, before making arrangements for the military tattoo at Aldershot, consideration has been given to the undesirability of holding military displays of this character at a time of international apprehension, as being calculated to incite militarist feeling?
No, Sir. The Aldershot tattoo is widely known to be an annual event held in the interests of charity. I do not agree that it can incite any such feeling as the hon. Member suggests.
Will the hon. Gentleman consider the substitution of the melancholy realities of war, to which the Lord President of the Council referred last night, for the display that is now being given?
I do not know whether the hon. Member has ever seen the Aldershot Tattoo. If he has not, I would advise him to attend. He would find that it is simply a piece of beautiful and interesting pageantry and has no connection at all with the militarism which he suggests.
Will the hon. Gentleman take steps to ban the use of the red flag at Socialist party meetings on the grounds of incitement.
All-In Wrestling Entertainments
4.
asked the Home Secretary in how many establishments in the Metropolitan police area all in wrestling is provided as an entertainment on Sundays; and under which provisions of the Sunday Entertainments Act,1932, are such entertainments permitted to be held?
I am informed by the Commissioner of Police that there are 16 establishments in the Metropolitan Police District at which all in wrestling has been provided as an entertainment more or less frequently on Sundays this year. I am advised that all in wrestling entertainments are outside the scope of the Sunday Entertainments Act,1932.
Was it not on the Lord's Day that the angel wrestled with Jacob?
India
All Burma Youth League
44.
asked the Secretary of State for India whether he is aware that the headquarters of the All Burma Youth League have twice been raided by the police whether he will state the law under which these premises were raided and what was the reason for these raids?
I have no information on the incidents mentioned but will make inquiries if the hon. Member wishes.
Indian Settlers, Kenya
45.
asked the Secretary of State for India whether he has yet received any communication from the Government of India on the proposed extension of the areas in the Kenya Highlands where Indian settlement was subject to restrictions, and on the conversion of what was an administrative restriction into a legal prohibition whether he has conferred with the Secretary of State for the Colonies on this matter and whether he has obtained from him any promise that he will take into account the Indian representations on the matter and whether he will publish the relevant documents as a White Paper?
The answer to the first and third parts of the question is in the affirmative, though I have not yet received from the Government of India the full statement of their views for presentation to the Colonial Office. With regard to the remainder, this question has formed the subject of recent informal conversations with my right hon. Friend the Secretary of State for the Colonies, and while these continue I am not in a position to say anything further.
Will the right hon. Gentleman let me know when he is in a position to say anything further?
Yes, I will.
South Africa (High Commission Territories)
asked the Secretary of State for Dominion Affairs whether any discussions have taken place with the Prime Minister of the Union of South Africa on the subject of the High Commission Territories, and, if so, what has been the outcome of those discussions?
Yes, Sir. The future of the High Commission Territories has been fully discussed between General Hertzog and myself in the light of the provisions of Section 151 of the South Africa Act,1909, of the pledges given by His Majesty's Government in the United Kingdom during the passage of that Act and subsequently, and of constitutional developments during the last few years. As a result of our discussions it has been agreed that the best policy to pursue in present circumstances is to extend co-operation between the Union Government and the Administration of the Territories over as wide a field as possible, and in particular in all matters relating to the economic welfare and development of the Territories. A communication in this sense has been addressed to the High Commissioner by me.
Will the right hon. Gentleman define what is meant by extending co-operation between the Union Government and the High Commission Territories?
In view of the controversy in South Africa and in this country, I am sure the House will welcome this statement as an indication on the part of the South African Government that they realise the difficulties, and equally as a contribution on our part to the realisation of their problems. Boiled down, it means that if there is friction between the Union Government and the Territories and there is both sides suffer, and the arrangement we have made is that there shall be the closest co-operation between the Territories and the Union, so that if at any time a change takes place it will be with the good will and co-operation of all parties instead of the hostility which would otherwise be there.
Business Of The House
May I ask the right hon. Gentleman what will be the business for next week? Further, I understand that there is a notice on the Order Paper for the appointment of a Select Committee to inquire into water supplies, and I would like to ask whether the Minister of Health is to make any statement of the reasons which have led him to ask for the appointment of that Committee?
With reference to the last question, the Minister of Health, in moving the appointment of that Committee, will inform the House of the circumstances. I think the House will find that it is a very small matter. The business for next week is as follows:.
Monday and Tuesday: Report stage of the 'Government of India Bill.
Wednesday: Conclusion of the Report stage and the Third Reading of the Housing Bill; Report stage of the Superannuation Bill.
Thursday: Conclusion of the Report stage of the Government of India Bill.
For Friday the business will be announced later.
On any day, if time permits, other orders may be taken.
I do not know whether it is possible to say when the Motion to appoint a Select Committee on water supplies will be taken. Will it be taken next week?
Not necessarily immediately.
Bills Presented
Peace Bill
"to incorporate in the statute law of the United Kingdom those obligations in regard to the maintenance of peace and of machinery for the peaceful settlement of international disputes which are embodied in the Covenant of the League of Nations and in other treaties; and for other purposes, "presented by Mr. Mander; supported by Mr. Vyvyan Adams, Mr. Bernays, Mr. Cocks, Mr. Crossley, Mr. Kingsley Griffith, Mr. Lovat-Fraser, Mr. Mallalieu, Miss Rathbone, Mr. Graham White, and Mr. Wilmot; to be read a Second time upon Thursday, and to be printed. [Bill 73].
National Health Insurance And Contributory Pensions Bill
"to amend the enactments relating to National Health Insurance; to amend the enactments relating to Widows', Orphans', and Old Age Contributory Pensions, with respect to the allowances or pensions payable in respect of children under full time instruction, to the date on which pensions cease to be payable, to reciprocal arrangements with other parts of His Majesty's dominions, to the incidence of the increase of contributions during the decennial period commencing the first day of January, nineteen hundred and thirty-six, and subsequent decennial periods, and to the payment of pensions in respect of the insurance of persons ceasing to be insured within twelve months before death or before attaining the age of sixty-five; and for purposes connected therewith, "presented by Sir Hilton Young; supported by Secretary Sir Godfrey Collins, Mr. Shakespeare, and Mr. Skelton; to be read a Second time upon Monday next, and to be printed. [Bill 72].
Standing Orders
Resolutions reported from the Select Committee;
1."That, in the case of the Bridgwater Corporation [ Lords], Petition
for Bill, the Standing Orders ought to be dispensed with:—That the parties be permitted to proceed with their Bill."
2."That, in the case of the Camborne Water [ Lords], Petition for Bill, the Standing Orders ought to be dispensed with:—That the parties be permitted to proceed with their Bill."
Resolutions agreed to.
Bills Reported
Ministry Of Health Provisional Order (Leigh Joint Hospital District) Bill
Reported, without Amendment [Provisional Order confirmed].
Bill to be read the Third time Tomorrow.
Sheffield Corporation (Tramways) Pro Visional Order Bill
Reported, without Amendment [Provisional Order confirmed].
Bill to be read the Third time Tomorrow.
Portsmouth Corporation (Trolley Vehicles) Provisional Order Bill
Reported, without Amendment [Provisional Order confirmed].
Bill to be read the Third time Tomorrow.
Frimley And Farnborough District Water Bill Lords
Reported, with Amendments; Report to lie upon the Table, and to be printed.
Bill, as amended, to lie upon the Table.
London Passenger Transport Board Bill
Reported, with Amendments; Report to lie upon the Table, and to be printed.
Bill, as amended, to lie upon the Table.
Message From The Lords
That they have passed a Bill, intituled, "An Act to authorise the lord mayor, aldermen, and citizens of the city of Nottingham and county of the same city to construct street works; and to make further provision with regard to the improvement, good government, and finance of the city; and for other purposes." [Nottingham Corporation Bill [ Lords.]
And also a Bill, intituled, "An Act to make further provision as to the tolls and charges leviable by the Company of
Proprietors of the Stourbridge Navigation; to authorise the transfer to the Company of part of the Stourbridge Extension Canal; and for other purposes." [Stourbridge Navigation Bill [ Lords.]
Refreshment Rooms and Lavatories, —That they have come to the following Resolution, namely: "That it is expedient that a Joint Committee of both Houses.of Parliament be appointed to consider and report upon the accommodation for Refreshment Rooms and Lavatories in the Palace of Westminster."
Nottingham Corporation Bill Lords
Stockbridge Navigation Bill Lords
Read the First time; and referred to the Examiners of Petitions for Private Bills.
Orders Of The Day
Government Of India Bill
As amended, considered [FIRST DAY].
New Clause—(Persons Not To Be Disqualified By Sex For Holding Certain Offices)
A person shall not be disqualified by sex for being appointed to any civil service or civil post under the Crown in India other than such a service or post as may be specified by any general or special order made—
Provided that any such agreement with respect to joint services and posts as is mentioned in Chapter II of Part X of this Act may provide for the powers conferred by this section on the Governor-General and the Governor of a. Province being exercised, with respect to the services or posts to which the agreement applies, by the Governor-General or a specified Governor. — [ Sir S. Hoare.]
Brought up, and read the First time.
3.19 p.m.
I beg to move, "That the Clause be now read a Second time."
Hon. Members will see that I have tried to carry out the undertaking which I gave during the Committee stage with reference to the eligibility of women for the public services in India. This Clause proposes that women shall be eligible for the various public services unless the higher authority, that is to say the Secretary of State or the Governor-General or one of the Provincial Governments, schedules particular services or branches of services or particular appointments as unsuitable for women. The House will see, therefore, that, so far as the public services are concerned, I am fully meeting the views which were expressed from all sides during the Debate in Committee. A further question arose during the Committee discussion as to whether it would be possible, simultaneously with the removing of sex disqualification for the public services, to remove the sex disqualification for the professions. Hon. Members will remember that in the Sex Disqualification Act there is a provision affecting the professions in additon to the provisions affecting the services. In the Committee discussion, I expressed my doubt as to whether it would be possible to give this further extension, which was evidently desired by several hon. Members. Since then, I have made further inquiries in India, and I find that the view of the Government of India is definitely against making this further extension. I also believe that there are serious difficulties in the way of it. In the first place, I am not sure how necessary it actually is. I understand that the main professions in India, such as the medical, legal and the teaching professions, are already open to women. That makes me think that it is, Jot necessary for us to make a further extension of this kind in the Constitution Bill. Secondly, it has been made clear to me that it would he impossible to make -this extension without some power to enable the Secretary of State, the Governor-General or the Provincial Governors to make exceptions. In the present condition of India it will be necessary to be able to make such exceptions. Thirdly, I ask the House whether it is necessary that we, here to-day, should include in the Constitution Act, which is a permanent Act that cannot be altered without an amending Act of Parliament, a provision of this kind, that would for all time bind every Indian Legislature. I am inclined to say that there is no urgent grievance, nor is there likely to be a grievance in the near future. I should think that it is better to leave a question of this kind for the Indian Legislatures and the separate departments. On that account, I move the new Clause with that explanation of why I have not been able to include in it a provision about the professions.3.24 p.m.
I am sorry that it has not been possible for the right hon. Gentleman to go as far as we hoped he would, but so far as he has met us I want to express our gratitude. This is certainly an improvement' on the Bill, so far as the employment of women is concerned. I wish it had been possible to go further, but we will be thankful, I will not say for the small mercy, but for what he has done.
Question, "That the Clause be read a Second time, "put, and agreed to.
3.25 p.m.
I beg to move, as an Amendment to the proposed Clause, in line 13, at the end, to add:
We are very grateful to my right hon. Friend for implementing the pledge given during the Committee stage in regard to the Civil Service, but we are naturally extremely disappointed that he cannot see his way to give a further extension and to ensure freedom for women to enter into the other professions, by placing a provision in the Statute that they shall be allowed to do so. I appreciate the point that there may be some difficulty if opposition has been offered, or a suggestion has been made by the Government of India that it is not necessary to include such a provision in the Bill. I am disappointed at my right hon. Friend's further explanation that women are now eligible in India to enter professions, and therefore it is not necessary to embody a provision in the Bill. If we look back to the period when we placed the Sex Disqualification (Removal) Act on the Statute Book, there was not in this country, even in those days, such a prejudice against women taking up specific occupations as there is in India to-day. If we thought it necessary to introduce such a measure in this country then, is it not the more necessary that the same should be done in the India Bill? I am sorry that my right hon. Friend took up the attitude that there was complete freedom for women in India and that there was no doubt that that freedom would be allowed to continue in the years to come. If there were to be reactionary government in the Provinces, things might go badly against women. We are always profoundly grateful to my right hon. Friend for the attitude that he took up when our own Bill was introduced in 1919. I am told by my hon. Friends that he was a great champion of that Measure in those days, and that he was associated with my right hon. and gallant Friend the Member for Ripon (Major Hills) who was to have moved this Amendment. I presume that there is no hope of persuading my right hon. Friend to include our Amendment in the Bill in another place. There will be great disappointment in the professions which would have been covered by the Amendment. Though we are grateful to my right hon. Friend for what he has done, we express our profound regret that he has not been able to go further."(2) A person shall not be disqualified by sex for entering or assuming or carrying on any civil profession or vocation, or for admission to any incorporated society."
3.29 p.m.
I beg to second the Amendment.
It is a very great satisfaction to us to see the Secretary of State once more in his place after so long an absence. I wonder whether the suggestion was put to the Government in India, and whether they realised, that the form of the Amendment which my hon. Friend has just moved has been devised with the express idea of meeting such difficulties as might otherwise have arisen, and that it is precisely in the wording which is contained in the Sex Disqualification (Removal) Act,1919. We cannot say that in the years since that Act was passed great difficulty has been found. There has been too little difficulty, on the other hand, in imposing disqualification upon women in cases where there was, on the ground of health and safety, an alleged serious difficulty to their practising a profession. This is not a question of any form of manual labour, with regard to which the forms of difficulty anticipated by the Secretary of State might perhaps arise; for example, the work of women in mines and so forth. This Amendment would apply only to women in the learned professions and in executive positions in business, it is worded in the precise form of the Act of 1919, and the point in our mind is that, as we all know, where India is concerned we cannot foretell the future. The fact that women are now admitted to the legal profession, the medical profession, and most of the careers that are open to women in this country, is no guarantee that reactionary forces may not take command in India which women will have very poor means of meeting. The fact that we are leaving power to the Indian -legislatures in other matters has not deterred this House from imposing every possible kind of safeguard where British interests are concerned, where the in terests of communities are concerned, and in many other ways. We suggest that this is one way in which the Government and Parliament might safeguard a perhaps improbable but by no means impossible future in which we might see, with no power on our part to stop it, women swept out of the professions where it is most essential that they should be admitted, such as the medical and legal professions, seeing that a woman in seclusion in India Can only see a person of her own sex. Even after the right hon. Gentleman's explanation, it is very difficult for us to see what are the dangers and difficulties. Are they equal to the dangers and difficulties of refusing to give this small measure of protection? A provision of this kind has been strongly urged by Indian women themselves, and I suggest that the concession might be made with very little difficulty and with excellent precedents behind it, and would constitute a real safeguard against the possibility of a danger which we all hope may never arise.3.33 p.m.
I am very sorry not to be able to accede to the appeal made by the two hon. Ladies. I feel that we must take into account, not only the (minion of the women in India—anyhow, the organised women in India—but we m List take into account the state of public opinion generally. I am informed that a provision -of this kind might needlessly excite all kinds of anxieties, and might give rise to a good many misrepresentations. We have to remember that one of the great communities in India, the Moslem community, looks very anxiously at 'any proposals of this kind, and I should have thought that, that being so, it is better to leave it to the Indian legislatures, that it is better to leave it to the progressive strength of public opinion in India, and particularly of women's opinion in India. After all, we are giving the women 'a very large number of additional votes, and I should think, myself, that women are going to prove a great force, particularly in the provincial elections and in the Provincial legislatures. I cannot believe, when women are going to have this increased power in India, that there is the remotest likelihood of the legislatures in India going back from the present system under which women are already eligible for the main professions. That being so, and without wishing to appear either dogmatic or unsympathetic on a, question of this kind, I would advise the House to accept my proposed new Clause without the additional proviso.
Amendment, by leave, withdrawn.
Motion made, and Question proposed, "That the Clause be added to the Bill."
3.35 p.m.
On Clause 236 of the Bill I had an Amendment for the purpose of clearing up a particular point, and I am not quite certain whether it is cleared up by this proposed new Clause. Under Clause 236 there was a saving, for the sons of persons who had served in a military or civil capacity in India, in respect of commissions in the Army. The point that I wished to raise —I am not certain to what extent it is now being covered—was whether positions in women's nursing services, or organisations of the kind that existed during the War, like the Women's Auxiliary Army Corps, would be military positions, and, if so, whether Clause 236 would apply to them. On the other hand, if these classes of military services for the fighting forces are deemed to be civil services, will this proposed new Clause apply to them? I mould be grateful if the Secretary of State would tell me how the Clause is to be interpreted jointly with Clause 236. I agree that the point may be a rather difficult one for him to answer at the moment, but I should be very grateful in any event if he would look into it.
3.37 p.m.
I will certainly look into the point, but I think I can give my hon. Friend an answer at once. It seems to me that in either of the events that he has described there is no danger. If they are military personnel, obviously they come within the reserved department of defence, and we here have complete control over the position. Equally, if they are civil and necessary services in the Army, we should still be able—I forget under which Clause—to give directions on the subject. I cannot see that there would be the least risk in either ease of their position being compromised.
Under Clause 236 a statutory privilege is given to the sons of such persons. Will that privilege be equally given to their daughters, assuming that opportunities for the daughters arise?
Question, "That the Clause be added to the Bill," put, and agreed to.
New Clause—(Exemption, Of Provincial Governments And Rulers Of Federated States In Respect Of Federal Taxation)
(1)Subject as hereinafter provided, the Government of a Province and the Ruler of a Federated State shall not be liable to Federal taxation in respect of lands or buildings situate in British. India or income accruing, arising or received in British India:
Provided that.
(a) where a trade or business of any kind is carried on by or on behalf of the Government of a Province in any part of British India outside that Province or by a Ruler in any part of British India, nothing in this Sub-section shall exempt that Government or Ruler from any Federal taxation in respect of that trade or business, or any operations connected therewith, or any income arising in connection therewith, or any property occupied for the purposes thereof.
(b) nothing in this Sub-section shall exempt a Ruler from any Federal taxation in respect of any lands, buildings or income being his personal property or personal income.
Nothing in this Act affects any exemption from taxation enjoyed as of right at the missing of this.Act by the Ruler of an Indian State in respect of any Indian Government securities issued before that date.— [ The Attorney-General.]
Brought up, and read the First time.
3.39 p.m.
I beg to move, "That, the Clause be read a Second time."
This Clause deals with a matter which was raised in a subsidiary list of smaller points to which attention has been given, and a promise was given that the matter should be considered with a view to seeing whether the existing exemption could be maintained. The present arrangement is that provincial and State Governments enjoy certain immunities from taxation in respect of property outside their respective territories. It is consistent with the general practice of federal constitutions to exempt the Governments of units from federal taxation, that being merely part of a reciprocal arrangement under which the Federal Government also is exempt from taxation by the several units. The Clause merely proposes to continue the existing position. It confers no new exemption whatever upon any of the persons or authorities affected by the Clause, and the House will observe that, by the two provisos (a) and (b), it is made plain that government trading or business operations are not to be entitled to the exemption, nor is the personal property of the Ruler of a State to be able to obtain any exemption by virtue of this Clause. In as much as the Clause, consistent with the general practice in federal constitutions, merely continues the existing arrangement, I hope that the House will have no difficulty in accepting it.3.40 p.m.
The Clause, as my right hon. and learned Friend has explained, deals with the property of a Prince which is situated in British India. I notice that this little tit-bit is only to go to the Prince who is a good boy and comes into the Federation, and the Prince who for some reason or other does not come into the Federation apparently is to be taxed in respect of his property in British India. I am not sure of the position under this Clause, but I suggest for the serious consideration of my right hon. and learned Friend that, in regard to taxation of the property of Princes in British India, the Prince within the Federation should be treated in the same way as the Prince outside the Federation. This is apparently a small matter, but it raises a large point of principle. Sometimes truth will out by accident, and it shows a tendency—I am sure an accidental tendency, and I particularly acquit the Government of any intention whatever to persuade Princes to come into the Federation—no doubt against the wishes of the Government, for favourable terms to creep into the Clause for the Prince who comes in, and for unfavourable terms to creep in for the Prince who stops out of the Federation.
I hope that my right hon. Friend the Secretary of State will find it possible to explain the position so that we can continue in a spirit of unity and support the Clause, because we do not want to introduce any fractious opposition. It would comfort us very much if my right hon. Friend, because I am sure that he does not want to give preferential treatment to Princes who do what the Government wish, would tell us that in another place provision will be made so that Princes who do not federate will have the same terms in regard to their property in British India as the Princes who come into the Federation. That is only fair, unless the Prince who does not come into the Federation is to be treated penally. I have been looking at the two provisos of the Clause. Provided that they are worked in a conscientious spirit, as I am sure the right hon. Gentleman desires them to be worked, they are not capable of abuse, but, if at some future time some Secretary of State not possessed of the rectitude of my right hon. Friend were to decide to persuade a particular Prince to come in, there is a possibility here of holding out a comparatively large inducement, especially if he were a Prince of a small State. I therefore suggest that it might be prudent to make the Clause retrospective; in other words, the property of Princes now held in British India should not be subject to taxation, but property subsequently acquired should be subject. to taxation if it exceeded the value of the property now held. I hope that he will meet us in the same spirit of conciliation and friendliness as we meet him in connection with this Clause.May not a difficulty arise in connection with proviso(b)in that it draws a distinction between the private property of the Ruler of a Federal State and State property. It seems to he a case of autocracy, and it might be extremely difficult to draw this kind of distinction?
3.44 p.m.
I wish to call attention to a point which possibly may be covered by one of the financial Clauses, but it is difficult in this great Bill to find out the exact relation between Clause and Clause. It says:
If a Province owns property in the territory of a Federated State which is not in British India, there may be some other Clause which puts the matter right, but as I see it, if the Government of Bombay own any territory in another Province, they are exempt from federal taxation, but, if the property which they happen to own is in a Federated State, they are not exempt. I do not see why that should he so, unless the matter is made clear in some other, Clause."Subject as hereinafter provided, the Government of a Province and the Ruler of a Federated State shall not be liable to Federal taxation in respect of lands or buildings situate in British India or income accruing, arising or received in British India."
3.45 p.m.
I can assure my hon. Friend the Member for Gorton (Mr. Bailey) that there is no motive underlying this Clause which might be supposed to he an inducement to one Prince to federate more than another. Indeed, his point is new to me, and I can assure him that there is no intention whatever of distinguishing between one type of Prince and another in this respect. As far as the Federation is concerned, I understand that both classes of Prince will be exempt. In any case, I can assure my hon. Friend that the problem with which we are dealing is a comparatively limited one. The extent of it is not in the least likely to snake a difference to a Prince as to whether he should or should not enter the Federation. I can assure him, from the advice that has just been given to me, that the property of the government of Princes, federated or not federated, will equally be exempt under this Clause.
Suppose a case arises in future will it be dealt with?
I will look into the matter.
Will my right hon. Friend answer my point, namely, the difficulty of distinguishing between private property and Government property.
There is no difficulty.
Question, "That the Clause be read a Second time," put, and agreed to.
Clause added to the Bill.
New Clause—(Arrangements For Governors And Provincial Staff To Assist In Discharging Functions Of Political Department)
Arrangements may be made between His Majesty's Representative for the exercise of the functions of the Crown in its relations with Indian States and the Governor of any Province for the discharge by the Governor and officers serving in connection with the affairs of the Province of powers
and duties in connection with the exercise of the said functions of the Crown.— [ Mr. Davidson.]
Brought up, and read the First time.
3.49 p.m.
I beg to move, "That the Clause be read a Second time."
The Clause which I commend to the House is only to fill a technical gap which has been found to exist in the Bill. There are a number of small States in some Provinces with which the Provincial Government have relations, and in order that those relations can be carried on efficiently it is necessary that the Governor-General should be enabled to delegate powers of the Governor to Provincial officers to carry on those arrangements. In the Province of Assam, for example, a deputy commissioner looks after small States, and it is in order that that sort of arrangement shall continue that this Clause has been moved as an addition to the Bill.Question put, and agreed to.
Clause added to the Bill.
New Clause—(Provisions As To Certain Property)
(1) Subject to the provisions of this Section and of the first Section of Chapter HI of Part VII of this Act, all property vested in His Majesty which by virtue of any delegation from the Secretary of State in Council or otherwise is immediately before the commencement of Part III of this Act in the possession or under the control of, or held on account of, the Governor-General in Council or any Local Government shall, as from the commencement of Part III of this Act, vest in His Majesty —
according as the purposes for which the property was held immediately before the commencement of Part III of this Act will thereafter be purposes of the Government of the Federation, purposes of His Majesty's Representative for the exercise of the said functions of the Crown or purposes of the Government of a Province.
Provided that—
(2) Subject as aforesaid, all other property vested in His Majesty and under the control of the Secretary of State in Council immediately before the commencement of Part III of this Act shall as from the commencement of Part III of this Act vest in His Majesty for the purposes of the Government of the Federation, for the purposes of the exercise of the functions of the Crown in its relations with Indian States or for the purposes of the Government of a Province, according as the Secretary of State may determine having regard to the circumstances of the case, and the Secretary of State shall have power to and shall deal with the property accordingly.
(3) In this section "property" includes money, securities, bank balances and movable property of any description.
(4) Arrears of any taxes outstanding immediately before the commencement of Part III of this Act shall be deemed to be due to and may be recovered by the Federal Government or a Provincial Government according as the proceeds of any such tax imposed after the commencement of Part III of this Act would be due to and recoverable by the Federal Government or the Provincial Government.
(5) This section shall apply in relation to any equipment, stores, moneys, bank balances and other property held in connection with His Majesty's Indian forces stationed in Burma (not being forces raised in Burma) as it applies in relation to property held for purposes which will he purposes of the Government of the Federation, hut, save as aforesaid, nothing in this section applies to any property situate in Burma or Aden, or to arrears of taxes in Burma or Aden, or to any property which by virtue of any delegation from the Secretary of State in Council or otherwise is, immediately before the commencement of Part III of this Act, in the possession or under the control of, or held on account of, the Local Government of Burma or Aden.
(6) Nothing in this section shall affect any adjustments made or to he made by or under this Act by reason of the creation before the commencement of Part III of this Act of the Provinces of Orissa and Sind.— [ The Attorney-General.]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time.":
The House will see that Clause 173 which deals with property other than lands and buildings which come under Clause 172 is to be omitted from the Bill. It will be found, upon looking at Clause 173 that the principle adopted for the purpose of deciding the destination of property at present held in India by the Secretary of State to the Council is to be determined by reference to the use being made of the property at the time that Part III of the Act came into operation. The House will readily see that this is not a convenient way of dealing with the matter. The new Clause is to take the place of the existing Clause 173 which states that the destination of property, the future ownership of property, shall be decided in accordance with the purposes for which the property will be used under the new regime, that is to say if it is to be used for provincial purposes it will belong to the Provincial Government or if under the new Constitution for central purposes it will belong to the Federal Government. That is the first sub-section which appears on the Order Paper. The second sub-section, or rather the proviso which is part of the first subsection, deals with the question of existing cash resources and is merely a piece of machinery for providing that all existing cash resources are vested in the Centre. The House will appreciate that up till now the Central Government have often had to act as banker for Provincial Governments. It is necessary to do what is not done in Clause 173, to arrange that these cash resources shall devolve on the Federal Government, so that all credits and debits of local governments on account shall be debited and credited to the corresponding government in the Federation. It is a piece of machinery so that Governments entitled to cash resources shall have the cash resources placed to their credit in an account. Subsection (4) of the Clause merely deals with arrears of taxes and provides that taxes when recovered shall belong to the Federal or Provincial Government as the case may be, according to whoever imposes the tax. The last part of this rather formidable looking Clause, which is largely a matter of redrafting, apart from the points I have mentioned, concerns property in Burma and Aden which shall vest in the new Governments of Burma and Aden. All property held under the old regime by the local governments of Aden and Burma, with the exception of rifles and equipment of all purely Indian troops in Burma for which there is a special proviso, shall vest in the new Government.Question, "That the Clause be read a Second time, "put, and agreed to.
Clause added to the Bill.
New Clause—(Contracts In, Connection With Functions Of Crown In, Its Relations With Indian, States)
Brought up, and read the First time.
I beg to move, "That the Bill be read a Second time."
This Clause deals with contracts in connection with functions of the Crown in its relations with Indian States. It provides for a gap found to exist in Chapter 3, Part VII of the Bill, in relation to Clauses which we shall come to later, namely, Clauses 177 and 179. The existing contracts of the Secretary of State in connection with paramountcy including other contracts become liabili ties of the Federation. There is no provision for the enforcement of contracts that might be made after the commencement of Part 3. This new Clause on the Order Paper merely makes existing and any new contracts enforceable by or against the Secretary of State. Consequential provisions proposed in Clauses 177 and 179 will be made to fit in with this new Clause. This is an arrangement consistent with common sense.Question put, and agreed to.
Clause added to the Bill.
New Clause—(Persons Not To Be Disqualified By Sex For Holding Certain Offices In Burma)
A person shall not be disqualified by sex for being appointed to any civil service or civil post under the Crown in Burma other than such a service or post as may he specified by any general or special order made by the Secretary of State in relation to appointments made by him or by the Governor in relation to other appointments.—[Sir S. Hoare.]
Brought up, and read a First time.
I beg to move, "That the Clause be read a Second time."
This new Clause is on exactly the same lines as that which has just been accepted in the case of India regarding sex qualifications.Question put, and agreed to.
Clause added to the Bill.
New Clause—(Secretarial Staff Of Governor-General And Governor)
(1) The Governor-General and every Governor shall have his own secretarial staff to be appointed by him in his discretion
(2) The salaries and allowances of persons so appointed and the office accommodation and other facilities to be provided for them shall be such as the Governor-General or, as the ease may be, the Governor may in his discretion determine, and the said salaries and allowances and the expenses incurred in providing the said accommodation and facilities shall be charged on the revenues of the Federation or, as the case may be, the Province.—[Sir S.Hoare.]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
This Clause deals with a point accepted by the Committee when we discussed it before, namely, that the Governor-General and the Governors should have such staff as they require for their duties and that the salaries and expenses of that staff should fall within non-voteable items. It was suggested in the course of the discussions that, although that point was implicit in the provisions of the Bill, it was not sufficiently explicit. My only point in moving this Clause is to make it more explicit.I think we are all glad that the Governor-General and the Governors should have these staffs under their immediate and personal direction. They have many functions to perform, using their own discretion, receiving advice from ministers which they may or may not accept, or acting where they must on the advice of ministers. When you have a person acting on advice upon which they are required to act, and the staff is not entirely under the control of the minister who gives the advice, what is the official arrangement between the minister and staff? Circumstances may arise in which the minister will have to be entitled to give orders to the secretarial staff of the Governor-General or Governor. It may be a quibbling question, but we are setting up a rather strange and unusual Constitution, and one is anxious to think -out in advance how the administrative machine will work.
I would like to ask the Secretary of State whether he can give any indication as to the increased cost of this machinery, which we all welcome.
May I also ask one question? I see that the Governor has. the power of appointment. I conclude he also has the power of dismissal?
4.1 p.m.
The power of dismissal goes with the power of appointment. My hon. and gallant Friend the Member for Bournemouth (Sir H. Croft) asked about the expense. We cannot give him an exact estimate. It ought not to add any substantially large sum to the existing expenditure. It will simply mean that officials of the type already working in the Provinces, will be working under the Governor-General and Governors rather than under the ministers, and, as I say, as far as the expense goes, I do not think it will make any substantial difference. My bon. Friend the Member for South Croydon (Mr. H. Williams) asked me whether ministers could give an order to one of the officials appointed in this way in the discretion of the Governor-General or Governor. My answer is, that while they will be working in the closest cooperation, a minister could not give such an order.
4.3 p.m.
In Committee I moved a Clause to provide the Governor with special advisers, and to my great regret it was not accepted, for reasons which I need not repeat now. But I was given to understand by the Under-Secretary at the time that what the Clause aimed at would be provided by giving more extensive powers, or more explicit powers, to the Governor or Governor-General to employ a secretarial staff. I should like to hear very much whether this Clause is intended to cover the appointment by the Governor of some person not exactly as secretary but who would be a useful adviser in such matters as the exercise of his special responsibilities in respect of which otherwise a Governor unacquainted with the country would have no advisers to help him except the Ministers, against whose advice he might find it his duty to act. I should very much like to know whether the Secretary of State contemplates the possibility not merely of a secretary to the Governor but of an adviser with administrative experience to be really of help to him in the difficult circumstances to which I have referred?
4.5 p.m.
I well remember the discussion we had with my hon. Friend on this question. I told him at the time that there was no intention in the Provinces that there should be a staff on the same basis as in the centre. But I did say that we would make it explicit in the Bill on the Report stage that the Governor would have the power to appoint a secretarial staff. I think I told my hon. Friend that we envisaged the possibility of the appointment of an experienced secretary who would assist the Governor, and I think I said that in the Presidencies it would probably be the case that where a Governor came from home he would appoint as secretary a man with considerable experience in the Presidency to help him in all his duties. In the same way in other Provinces, where more likely the Governor would be trained in administration, it would not be necessary to appoint so senior a man, but still a man of some experience to give the help the Governor desired. This Clause makes that possible, and also makes it possible for the Governor to attach to himself a subordinate secretarial staff in order that he may have efficient advice to enable him to fulfil his duties.
Question, "That the Clause be read a Second time," put, and agreed to.
Clause added to the Bill.
Newclause—(Secretarial Staff Of Governor Of Burma)
(1) The Governor shall have his own secretarial staff to be appointed by him in his discretion
(2) The salaries and allowances of persons so appointed and the office accommodation and other facilities to be provided for them shall be such as the Governor may in his discretion determine, and the said salaries and allowances and the expenses incurred in providing the said accommodation and facilities shall be charged on the revenues of Burma.—[Sir S. Hoare.]
Brought up, and read the First time.
I beg to move, "That the Clause be read a Second time."
This is a Clause in the same terms as the previous one to apply to Burma.
Question put, and agreed to.
Clause added to the Bill.
New Clause—(Commission To Report Whether Financial Position Of India Justifies Establishment Of Federation)
(1) His Majesty may, by Order in Council, at such time as he thinks fit, appoint a Commission to inquire into the financial position of India and to report whether or not such financial position justifies the establishment of the Federation
(2) The Secretary of State shall lay before Parliament the draft of the Order which it is proposed to recommend to His Majesty to make under this section, and no further proceedings shall be taken in relation thereto except in pursuance of an address presented to His Majesty by both Houses of Parliament praying that the Order may be made either in the form of the draft or with such amendments as both Houses of Parliament may have agreed to recommend to His Majesty.— [ Sir H. Croft.]
Brought up, and read the First time.
4.7 p.m.
I beg to move, "That the Clause be read a Second time."
This Clause, which I am moving on behalf of my Noble Friend the Member for West Derbyshire (Marquess of Hartington), is one to which, I think, the whole House will attach great importance whatever their views may be upon the question of constitutional reform. It is not my intention to speak at any length upon this subject, because I think the House is well aware of the whole difficulty of this question of finance. Although I cannot put my finger on the exact reference, I think I am right in saying that my right hon. Friend the Secretary of State—whom, if I may be permitted to do so, I would also like to congratulate on returning to his labours —made a statement, at the time of the Round Table Conferences, I think, to the effect that, of course, the reforms could not operate until the Government in this country were quite satisfied that the financial position permitted. I forget the exact words, but I do not think my right hon. Friend will quibble about that. So far as I am aware, there has been very little debate upon the subject as to what action it is proposed to take in order to satisfy this House that India is ripe financially to undertake what is admitted to be the increased burden of this reform. Let me remind the Committee of the words of someone who does not share my views. Sir Henry Lawrence about six months ago, speaking to a Committee upstairs—it was reported in the Press—saidThat was a very sweeping statement, but there are great expert advisers—we have heard many of them—who are doubtful as to the future, and I think I am not exaggerating when I say that a very large majority of the Provinces actually have shown a deficit in their budgets. When are we to know that it is safe to go forward with the reforms? Therefore, we hope the Secretary of State will accept this Clause, which proposes a very simple procedure:"Almost every expert adviser has warned you that the burdens imposed under the White Paper are intolerable, and that the Governments cannot remain solvent."
Then the second Sub-section says:"His Majesty may, by Order in Council, at such time as he thinks fit, appoint a Commisson to inquire into the financial position of India and to report whether or not such financal position justifies the establishment of the Federation."
That is simply in order that we may be on the safe side with regard to the launching of the reforms. Nothing could be more disastrous to the whole scheme than that there should be any doubt at the time the reforms actually commenced as to whether all the financial obligations will be met through all the various services—pensions, and so forth. All those questions hang upon whether the Indian financial position is so restored that, in fact, the machinery may be set at work. The House has considered this question for many months, and there is not a Member among our number who does not realise the gravity of the financial side of the whole question."The Secretary of State shall lay before Parliament the draft of the Order which it is proposed to recommend to His Majesty to make under this section, and no further proceedings shall be taken in relation thereto except in pursuance of an address presented to His Majesty by both Houses of Parliament praying that the Order may be made either in the form of the draft or with such amendments as both Houses of Parliament may have agreed to recommend to His Majesty."
4.12 p.m.
I beg to second the Motion
After the observations of my hon. and gallant Friend, I will detain the House for only two or three sentences, but I would draw attention to the fact that it is a permissive Clause —
"His Majesty may by Order in Council.":
It is not compulsory, but it does occur to me that at some future time it might be very likely doubtful whether the establishment of Federation was wise or not. In that case the Secretary of State might want assistance, and he might find this Clause of great help, whereas if he did not need it, there would be no cause for him to intervene.
4.13 p.m.
I am rather puzzled by the hon. Member for Gorton (Mr. Bailey) saying that this Clause is merely permissive, but it is a- fair 'inference from the Clause that the financial inquiry, which we all agree must take place, should be carried out by a Commission by Order in Council with the explicit consent of both Houses of Parliament. Unless such a- commission were appointed by the Secretary of State, with the consent of Parliament, Ii think the implication of the Clause is obvious: Parliament would not be justifies in assenting to the inauguration of the Federation. I think that before the Federation is inaugurated it is necessary that the fullest financial inquiry should be held. But I sincerely hope that it will not be held by a commission sent out from this country. We have had a number of these committees and commissions—I was chairman of one of them—and of all the useless proceedings in dealing with a question of finance, the sending out of visiting strangers to tell Governors what their finances are, or are likely to be during the next 10 years, is, I think, the most futile, and I hope that the inquiry will be carried out on the responsibility of the Secretary of State through the Governors concerned with such independent advice as he may wish to enlist, but not by a formal commission presided over by some Member of this House or the other House, or some distinguished economist whose conclusions would be blown to nothing three months after.
4.15 p.m.
If the Government would accept the Clause it would go a long way to relieve the anxiety felt in Manchester by what is known as the Indian section of the cotton trade. The members of the trade with whom I have discussed the Bill find that the greatest difficulty they have in supporting the Measure is that there will not be enough finance to carry out its provisions, and, if a commission were appointed to go into the question and make a report, it would go a long way to allay the fears prevalent in the textile circles of Lancashire. They consider that the greatest difficulty in putting this Measure into operation will be the question of finance. As a Manchester representative, I feel strongly that such an inquiry should be made. I would rather see the word "shall" instead of "may" in the new Clause. I am satisfied that there is not one merchant in Manchester who really believes that the proposals of the Bill are financially sound, and, that being so, the Secretary of State should take every step to allay the fears of Manchester merchants who know the country with which they have been dealing for many years.
4.17 p.m.
As I read the Clause, I think it would undoubtedly impose an obligation on the Government to appoint a commission to consider the finances of India, but the persons they would appoint is entirely a matter for the Government. They could appoint distinguished Indian experts or people who know India and have a special knowledge of Indian finance. There is no reason for assuming, as the Noble Lord has assumed, that we should have to send financial magnates from the City of London or any financial experts. The question of Federation has been before the Government for several years, and no doubt they considered the question of finance in the first instance. No doubt they considered whether the finances of India at that time were in such a condition that they could bear the imposition of an increase of expenditure. Several years have elapsed since then. Will the Secretary of State tell us whether the financial history of India during the years which have elapsed have made it more probable or less probable that these additional costs will be a serious, perhaps 'a crushing, burden to impose on Indian finances? If he can say that during the course of these years the finances of India have improved, that revenue has increased, that the collection of the taxes is easier and that the general financial situation is so good that this is a comparatively small burden to impose, it would almost be a justification for negative the new Clause. The right hon. Member for Hastings (Lord E. Percy) says that it is generally admitted that such an inquiry must take place. Therefore, we must take it that a considerable burden will be imposed on Indian finances. I think it is wise to put in a Clause which will ensure not only that the position will be considered as fas as possible, but that before taking the plunge and setting up Federation the Government shall have the best possible advice they can get on these essential financial questions. That can be done by the appointment of a commission. Who shall be appointed is entirely within the discretion of the Government.
4.20 p.m.
I hope that the Secretary of State will see his way to accept this proposal and give us some explanation about the financial situation. Those who have had any experience of India, And her administration are more worried about the question of finance than any other part of the Bill. We did not debate this question very seriously during the Committee stage. It is interesting to hear the right hon. Member for Hastings (Lord E. Percy) acknowledge that the visiting committees which have gone out to India were perfectly useless—
The hon. and gallant Member must not expand my words. I said on the subject of finance.
I apologise to the right hon. Member. What we do not want is another committee led by prominent politicians. We want someone with financial ability and a knowledge of the finances of India to be sent out. We feel that the extra expenditure which this new Constitution will involve on India will fall on the peasants; they will pay the bulk of the taxes, and for that reason, although we are looked upon as capitalists by hon. Members of the Labour party, we really think it is our duty to look after the rights and interests of the peasants. A prominent Bengal leader, speaking on the finances of the Bill, said that democracy had never succeeded in any place except England, and he asked whether it was going to succeed in India where it was proposed to found democracy on a basis of bankruptcy. I know that the Secretary of State in his evidence before the Joint Select Committee said that we can only keep on hoping that there may be a turn in world affairs for the better, that the general depression will pass.
Calculations which have been made show that the extra expenditure in the Provinces will be about £6,000,000 and at the Centre from £1,500,000 to £1,750,000. That is very little, but there may be a lot of other things which will necessitate further expenditure. You will lose £2,000,000 by Burma being separated from India and £750,000 is to be remitted to the States when they come into the Federation. We believe that in order to safeguard the peasants of India and the honour of this House, some arrangements should be made for an impartial inquiry by experts to ascertain whether India can really stand this extra expenditure. The Montagu-Chelmsford reforms involved a great increase in expenditure. An enormous number of new officials were appointed, and the expenditure went up by large sums. This Bill will add further to the expenditure. A prominent propagandist of an organisation called the Union of Britain and India, said before the Joint Select Committee that India could not expect a brand new Constitution in a bargain basement. That is a clever way of talking about the peasantry of India, I hope the Government will accept the Clause.4.25 p.m.
I congratulate the Noble Lord the right hon. Member for Hastings (Lord E. Percy) on having discovered that at least one of these perambulating commissions was of no real value. I have always had my doubts as to the value of these commissions travelling around the world, and I welcome evidence of such a practical character. I should like the Secretary of State to give us some idea as to the future finances of India. Many of us have serious doubts on the whole position of the Bill and particularly as to how we are going to finance these various new organisations which are to be set up. I do not disagree with the Clause, but I do not think the appointment of a commission is the right way of dealing with the matter. If the Government would make it perfectly plain that they were going into the question of finance with great care, they would do a great service to India. Those who have watched the effect of federations which have been set up throughout the world will realise that the first effect is to add to the burdens of the taxpayer, and, therefore, we are justified in asking the Secretary of State to tell us clearly the prospects of Indian finances before we are committed in any way to the setting up of Federation. Unless we know that the future is financially sound, we may be imposing on the people of India something which is not necessarily for their benefit.
4.27 p.m.
I think this is one of the most important proposals which has to be considered in connection with any constitution. Whether India can finance the new Constitution appears to be a matter of some doubt, but, if Part III, the provincial part, is to come into operation a substantial part of the new expenditure will have been incurred. It is clear, on the construction of the 13i11, that it is contemplated that Part III must come into operation before the Motions will be tabled in both Houses under Clause 5 which are necessary before His Majesty can issue the requisite Proclamation. If before these Motions are taken in both Houses of Parliament we are to have a financial investigation it may involve a rather longer period of delay between the establishment of self-government in the Provinces and the establishment of Federation at the Centre than would otherwise be the case.
Many of us who have doubts about the Bill feel that we should have time to see whether provincial government is a failure or not so that we may be able to resume effective control before we give the whole thing away. If there is a period of delay through a financial inquiry it would go a long way to placate the opposition of many of us to the Bill on the proposal to set up at the same time, more or less, provincial self-government and a considerable degree of responsibility at the Centre. In any case the new Clause would give more satisfaction to those who are critics of the Bill. The Noble Lord has indicated that he has always thought that some such inquiry is essential. If it is essential why not put it in the Bill and let us all feel happy that there will be a thorough investigation before this House and the other House of Parliament takes the official act of passing the Prayers which are required before His Majesty can issue the Proclamation.4.30 p.m.
I hoped that I had made the position clear on this question. I also hoped that the report of the Joint Select Committee, which deals at great length and in full detail with this subject, had made the position even clearer. If hon. Members will look again at the chapter in the Report of the Joint Select Committee which begins on page 160 and ends on page 172, they will find a complete answer to all the questions that have been raised this afternoon. May I attempt, however, as I have been invited to do so, to summarise the position so far as I can in a few sentences 1 I am inclined to think that at any rate some hon. Members are under a misapprehension. They seem to think that the formidable financial problem is connected with the institution of the Federation. In my view that is not the case. The more formidable side of the problem is connected with the Provinces. The extra expenditure needed for implementing these reforms is mainly connected with Provincial autonomy; that is to say the part of the Bill with which almost everyone in the House is in agreement, and the part of the Bill that I believe most hon. Members wish to see brought into operation with the least possible delay.
So far as the Federation is concerned the additional expenditure, in the view of the Joint Select Committee, and in the view of my expert advisers who time after time inquired into this question, is not a large amount. I will give the House an idea of what we believe to be the likely amount. It looks as though it would be about three-quarters of a crore for setting up the new Executive, the new Legislature, and the various Federal organs. That is about £500,000. It is not a sum of overwhelming proportions. I quite agree that it is a substantial figure, but it is not a figure that is unmanageable. The only other expenditure that is connected with the setting up of the Federation is the expenditure connected with liquidating the tributes of the Princes. That sum, which is spread over a number of years, looks as if it might amount to perhaps a crore. Those are the figures connected with the setting up of the Federation, and I think the House will agree that they are not formidable figures. The more difficult side of the problem is connected with Provincial Autonomy, that is to say the sums that will have to be found as a result of the separation between Burma and India, a sum that may amount to between two and three crores as loss of revenue to India, and the sum that is necessary for setting the Provinces on an even keel by means of some kind of permanent subvention from the Centre. After all, it would be folly to set up these Provinces bankrupt from the start. They are the sum that is necessary to set up the Provinces on a sound financial basis at the beginning and the sum necessary for setting up the new Provinces of Sind and Orissa. The House will remember that that sum is really not additional, or only to a very limited extent, to existing expenditure, but is merely a question whether the subvention goes to the undivided Province of Bombay or the undivided Province of Bihar and Orissa, or whether it goes to Sind as a separate Province and to Orissa as a separate Province. Taking those facts into consideration, it looks as if the cost of setting in motion Provincial autonomy might be from £4,000,000 to £4,500,000, a substantially larger sum than the £500,000 necessary to start the Federation. I quote these figures to show that the inquiry that was recommended by the Joint Select Committee is needed principally in connection with Provincial autonomy. That inquiry we should set in motion as soon as this Bill is on the Statute Book. It will not be anything in the nature of the Statutory Commission. We have had quite enough of Statutory Commissions in connection with India. We have had quite enough of investigations and inquiries of every conceivable sort during the last two years. It would be in the nature of a technical investigation, carried through at the earliest possible date, into the financial question, or to put it in a different way, to prepare with as little delay as possible an estimate of the sum that is necessary for starting the Provinces in a sound financial position. When that inquiry has been completed the problem connected with the Federation will be a comparatively simple one. The main side of the financial problem will have been investigated. When it comes to the Federation the issue will be a simple issue of this kind: Is it possible to provide the comparatively small sum, about £500,000 a year, to the federal organs and institutions'? Is the central Budget likely to be a balanced Budget? Is the central credit of India in a satisfactory position? Those are very important issues, but they are the kind of issues that do not need a long and expert investigation. As at present advised I do not see the need for a further expert investigation into questions of this kind when the main problem will have already been considered in detail in connection with the setting up of the Provinces. My hon. Friend the Member for Barnstaple (Sir B. Peto) asked whether I could give him any information as to the course of Indian finance since these proposals were originally considered. I am glad to be able to give him a not unsatis factory report. When we first came to consider these questions four or five years ago the financial outlook was much more serious, as far as India was concerned, than it is to-day. The Budget was unbalanced, the revenue was coming in badly, the credit of India was at low ebb, it was necessary to make substantial cuts in the salaries of the Services, and in the pay of officers in the Army. I am glad to say that to-day the position is much more satisfactory. The Budget is balanced, there was a surplus in last year's Budget, there was to some extent a remission in taxation, the pay cuts have been restored, and, perhaps best of all as the outward and visible sign of the financial position of the country, Indian credit is immensely better to-day than it was four years ago. I can therefore assure the House that although I do not wish to underrate the financial difficulties of the problem, nor to suggest that they are by any means fully solved, I can tell the House that the position is much better to-day than it was a year or two ago, and that as at present advised I see no reason why, when this Bill reaches the Statute Book, Provincial autonomy should not be brought into operation in a very short time, and why from the financial point of view there should be any delay in subsequently setting up the all-India Federation.Have all the pay cuts been restored.
Yes, entirely.
Is it not a fact that in the Provinces the deficits were actually greater last year than previously?
It is true to say that there are more Provinces in deficit now, but my hon. and gallant Friend will realise that that depends a good deal on the allocation of finance between the centre and the Provinces, and it is not in any way necessary to regard it as an indication of deterioration of the economic position. It is a very complicated question connected with the allocation of finance between the centre and the Provinces. Much better evidence of the financial position of India is the central Budget and the credit of the Indian Government. For these reasons I see no reason why we should have an inquiry of this kind, and I there fore ask the House to reject the new Clause.
4.44 p.m.
I know, of course, that my right hon. Friend the Secretary of State has more detailed and more recent figures before him than are available to most of us, but at the same time have a very considerable acquaintance with the general financial conditions prevailing in India from time to time, and as to the possibility of keeping up or increasing the large items of revenue which have been very important in the past but have shown a tendency to stagnate or actually to diminish in recent years. Of course the civil disobedience movement and the boycott first gave a tremendous shock to the revenues of the various Provinces and indeed to those of the Government of India. On the top of that came the economic slump. One of the most serious questions that require to be answered is how far have the reviving prices of agricultural produce of all kinds been able to restore some degree of the greater prosperity of the whole agricultural classes which had prevailed, say, up to the year 1928 or 1929.
I am well acquainted with the question of land revenue settlements, because during all my service as a revenue officer I was accustomed to deal with the incidence of rents and land revenue and the capacity of the people to pay. Work of that kind brings one into close contact with all these problems. While there have been certain signs of recovery in the past three years, it is well known that the state of the peasantry is far from having recovered as prices for their crops have not yet risen to those which prevailed a few years back. The paying capacity of the peasantry has declined enormously, and it is well known all over India that the chances of land revenue becoming a rising revenue have almost disappeared, and that it will be exceedingly difficult to proceed with the programme of land revenue settlement with any view to an increase of the resources of the Provinces. Indeed, it is not unlikely that such settlements may have to be undertaken at great cost in order to try and reduce to a considerable extent land revenue which up to a few years ago was easily payable. The same sort of thing has largely happened in the case of revenue from excise on native drugs. There has been a very marked fall. In the Province which I know best the revenue from excise had risen to a crore and a-half. Well, last year or it may be the year before it had dropped to under 60 lakhs. It was an enormous fall and it does not seem likely that the revenue will recover, partly because of the greater poverty of the people and partly because the Governor did not feel like persuading Ministers not to attempt a policy of prohibition. That sort of policy may continue in the future. Therefore, I feel that, although the Secretary of State has naturally got some figures which support his hopes, it may be a long time before those hopes are fulfilled. In addition, there are always circumstances about Indian finance for which you have to allow. You must allow for wholesale failure because of the monsoons. Works of irrigation have done a great deal to save India from the worst features of famine, but they would suffice no longer to avoid the effects of famines of the intensity from which India has suffered, say, two or three times in a century. It is not so many years since they had such a devastating famine. I do not think the authority who have made these estimates have fully allowed for devastating events of that kind which may throw back finances for many years. Provincial finance depends a great deal on what part of the income tax the Central Government can forgo for the Provinces. Central and Provincial finances are inextricably connected on that score. In regard to land revenue, falling prices by reducing the capacity of the purchasing power of the country must prejudicially affect the Customs. Furthermore, there are the surcharges still prevailing on Income Tax and on Customs and everyone knows that the duty on sugar has been raised so high that the people have suffered. They depend a great deal upon sugar, and because of the highly increased prices consequent on the protection of sugar I do not think the revenue from that source can be maintained. In addition to that, as the revenue authorities in India know the only revenue obtained from the export of opium is disappearing altogether. It is very necessary that the whole finances—the prospective as well as the immediate figures—should be thoroughly examined before this House and the coun try are committed to the establishment of the Federation.4.52 p.m.
I would not have risen if it were not for the fact that I think the speeches delivered by hon. Gentlemen supporting this Clause are contradictory. The right hon. Gentleman the Secretary of State rightly declines to accept this Clause. The speech of the hon. Gentleman who spoke last is the most contradictory of all. He warned the Government against the effect on the revenue of India of monsoons, famines and calamities of that kind, and contended that the governmental organisations sought to be set up in India might be too costly and the financial strain too great. The right hon. Gentleman the Secretary of State said, I think, that the cost of setting up these institutions would be about £4,500,000 per annum.
For the Provinces.
£4,500,000 for the Provinces and £500,000 for the Centre. I have been looking up the cost to the Indian finances of pensions to people living in this country who have served in India. I have yet to learn that any famine or calamity in India has ever affected the pension rights of persons living in this country drawing their income from India. I want to be frank and to say that the Indian people ought to be able to afford £4,500,000 per annum for the Provinces and £500,000 for the Centre when more than £4,000,000 per annum already comes from the revenues of India to pay the pensions of our people here at home who have served there.
Is it suggested that those pensions should be repudiated.
The hon. Gentleman is a little too previous. The purpose of the Clause is that a commission of inquiry into the financial position of India should be establshed. The Indian Government have the same right of imposing taxation on their people as we have in this country, unless I am mistaken. More than that, when it became necessary to raise large sums of money for the Great War from 1914 to 1918 the Indian people contributed a great deal to the cost of that War. Surely, we are not going to deny them the right on financial grounds to stay the coming into force of certain provisions of this Bill. We do not think much of the provisions of this Bill, but we think less of the attitude of mind.
We must not at this stage discuss the general provisions of the Bill.
Well I want to oppose the setting up of a commission, and I think the Secretary of State is quite right in resisting the Clause. Perhaps we shall not therefore be called upon to go to a Division.
Question, "That the Clause be read a Second time," put, and negatived.
New Clause—(Higher Duties Not To Be Imposed On United Kingdom Imports Than On Other Imports)
Nothing in this Act shall be taken to empower the Federal Legislature to impose or increase any duty of customs upon goods imported into the Federation which are consigned from and in whole or in part produced or manufactured in the United Kingdom, if such imposition or increase would impose on such goods a higher duty of customs than the duty for the time being imposed on like goods imported into the Federation which are consigned from any country other than the United Kingdom.—[Sir H. Croft.]
Brought up, and read the First time.
4.55 p.m.
I beg to move, "That the Clause be read a Second time."
This Clause represents a last effort to try and get some fiscal help for British trade in connection with India. It will be within the memory of the House that when we were in Committee two or three efforts were made to try and secure, in the first place, fair play for British trade, and, secondly, a preferential entry for British goods. There was another Amendment down which was not debated and was not voted upon of a similar character to that now before the House. His Majesty's Government have refused the demand that there should be mutual preference between Great Britain and India under the new Constitution. They definitely turned that down in spite of the fact that it would seem to be the most obvious thing to do in view of the spirit of the Ottawa Agreement and so long as it was reciprocal. We come here to-day as a last resort to ask His Majesty's Government whether they will not at least see to it that British goods should be permitted favoured nation entry into the Indian market. It does not seem very much to ask. Indeed, I am almost ashamed of having to make this appeal to His Majesty's Government, but it does seem only right that we should do everything in our power to try and secure that, at least, we shall have as good an entry as other countries into India. It may be said by my right hon. Friend that we have just fixed up a preferential agreement which is of a satisfactory character, and we are thankful for any small mercies. That, he may say, is apart from the Constitution, and he may say trust and rely upon good will, but the fact that there may have been some mutual spirit of good will between Lancashire representatives and India at this moment is no reason why it should be so for all time. We have evidence, as hon. Members below the Gangway know, of lack of good will in the last few years in regard to Lancashire products. In the Committee stage I found that there were several hon. Friends in this House who did not seem to appreciate in any way the really serious decline of British trade with India in comparatively recent years. I ask the House to bear with me in order to appreciate what has happened: First of all, there is the decline in trade in our cotton piece goods which, in the past, have been the most important of our exports to India. Then I want to say one word with regard to general trade. If we take cotton piece goods we find that as recently as 1924 we were exporting 1,641,000,000 square yards and that in 1934 the exports dropped—I am giving round figures—. to 582,000,000 square yards. There has been a very serious drop in this trade. It is now only approximately one-third of what it was in that year. This process has been going on, and it has been a profound tragedy for Lancashire. But it will be remembered that on the Committee stage there were hon. Members—even hon. Members on that Government Front Bench in the absence of the Secretary of State—who got up and tried to soothe the House with the idea that although Lancashire cotton exports to India had greatly decreased the picture with regard to our general trade with India was very much improved. I would ask the House to bear with me while I call attention to the general figures of trade with India. In 1913 our domestic exports to India amounted, in round figures, to £70,000,000. in 1924 the figure was £90,000,000. Then the figure began to sink and in 1929 it had fallen to £78,000,000. In 1933 it was £33,000,000, and the fall in that year was rather aggravated by the boycott. In 1934 the figure was only £36,500,000. The House will realise that the drop in our total trade with India has been something which makes a very serious picture. I doubt if we can match it in our trade with any other part of the Empire. This has all occurred since we began constitution-mongering in India. You would naturally have thought that from the date of the Montagu-Chelmsford reforms you would have seen good will and trade expanding between the two countries. But we saw trade rise to a peak, and since the year after the reforms were actually workings since 1924, we have seen this very serious decline. I think it must be clear that we have suffered in our exports to India in recent years owing to the fact that there has not been that response to constitutional expansion which one might have hoped for. I think the House will agree that there is no reason to believe that these reforms are bringing about an increase of good will. It is clear now to everybody that every organised body of opinion in India is against the reforms. With one exception practically all the organised bodies of Indian opinion have said that they prefer thestatus quo. That being so, we have to contemplate that the reforms will not lead to a feeling which will increase trade with India. You will have the fact thrown up against you all the time that these speaking for Indian opinion—I deny that they do represent Indian opinion as a whole, but those claiming to speak for it—are opposed to them. [Interruption] The vast majority of people in India are unable to organise themselves into any organisation. They cannot read or write, so how can they join such organisations? [An HON. MEMBER: "Who do you represent?"] I represent a constituency of 76,000 electors, all of whom can read and write. I would remind the House that it is clear that you are not going to get that good will for which the Secretary of State first hoped. I have no doubt that he still hopes, but he has been told by his very best friends in India that these reforms are not going to lead to good will. Mr. Sastri himself told us that this would lead to greater bitterness in the days to come. With these changes before us we have to realise that there is not going to be some sudden demand to give greater advantages to British goods. Therefore, we are asking the Government to consider whether it is possible that British goods should have at least favoured-nation treatment in India. It may be that the Secretary of State will make some suggestion. of a more favourable character. If he can make some further suggestion and can give some sort of assurance that an Amendment to this effect will be made when this Bill goes to another place, I will not press the Clause to a Division. But I do feel that this is absolutely our last chance to do anything. Under the Bill as it stands there is an undertaking in Clause 12, paragraph (f), that it shall be the special responsibility of the Governor-General to prevent the imposition of penal tariffs. I would like to ask the Secretary of State whether he could inform us at this moment whether he has yet decided what penal tariffs are? Can he tell us for instance whether under the Clause as it stands it will be possible for Indian legislators to discriminate against this country to the extent of a small percentage? May I ask him whether the Clause we have on the Paper is not really necessary if we are to make absolutely certain that there is to be favoured-nation entry of goods from this country into India? It may seem strange to those who have not followed the course of trade with India in the last few years that this argument should have to be made. It does seem an extraordinary thing that anybody should have to stand up here and say: At least, let us make sure in the days to come that British goods will be treated in India as favourably as those of any foreign country. That is the modest demand we are putting forward, and I cannot help thinking that the whole House would desire to support the Clause if the Secretary of State will let it.5.8 p.m.
I beg to second the Motion.
I will be brief, as the hon. and gallant Member for Bournemouth (Sir H. Croft) has stated the case fairly fully. But I rather wonder what will be the interpretation of the word "discriminatory" in Clause 12, Sub-section (1), paragraph (f.) I can imagine a trade agreement being negotiated by the Government of India with the Government of some foreign country whereby India would accord to the goods of that country specially favoured treatment and whereby the goods of all the rest of the world, including the United Kingdom, would be left on a higher scale of duties. That would clearly be discrimination in favour of the goods of that particular foreign country. But it might not be regarded as being discrimination against the goods of the United Kingdom because the goods of the United Kingdom were put in the same category as the goods of most other countries. Having regard to the fact that in certain commodities the competition with which we are faced in India comes from special countries, and that in some cases the overwhelming competition comes perhaps from only one country, that form of treatment might be very harmful to us; and yet it might be accompanied by an interpretation of paragraph (f) of Clause 12 to the effect that it was not "discriminatory" against the goods of the United Kingdom. In these circumstances, it does not seem unreasonable to say to the people whose chances of good government—if this Bill represents good government—are being given them by the people of this country: "At least you are not to treat us worse than anybody else." There would be a strong case for saying: "We think you should treat us better." But this Clause does not ask that. It simply says that we shall not be treated worse than any foreigner. It is not an unreasonable proposal, and I do hope—although I suppose our hopes are going to be disappointed—that the Secretary of State will look more kindly on this than he has on some of the other proposals for guaranteeing Imperial preference.5.11 p.m.
I would not have intervened in this Debate but for the fact that the hon. and gallant Gentleman the Member for Bournemouth (Sir H. Croft) mentioned Lancashire. It is rather strange when we are debating Indian tariffs to find who are the Members who are interesting themselves in Lancashire trade. This new Clause was moved, strange to say, by the hon. Member for I3ounemouth—and Bournemouth is not in Lancashire. It was seconded by the hon. Member for South Croydon (Mr. H. Williams)—and neither is Croydon in Lancashire, so the House must understand that there must be some deeper reasons than those stated for putting down this new Clause. I am almost sure that the Secretary of State will not accept this new Clause because if it were passed it means that, the new Indian regime would not have freedom to determine for itself what it ought to do in the matter of tariffs, and that we should tie it up in respect of tariffs beforehand. I am one who wants better treatment for Lancashire goods from the Indian Government. Indeed, it is the wish of us all that the trade between Lancashire and India should be increased. We are satisfied, however, that this sort of proposal will certainly not improve those trade relationships. We have said over and over again that even if you do put a Clause of this sort into the Bill and you do tell the Indian Government beforehand what it has to do in relation to tariffs it does not necessarily follow that the Indian people will buy our goods. After all, it is a question of the desire and the capacity of the people to buy goods in respect of which tariffs are imposed that matter.
May I remind the hon. Member that we have favoured nation treatment in almost every country in the world. Surely it is not unreasonable to ask that we should have the same thing in India.
Yes, but the obvious answer is that those agreements are entered into on a basis of good-will between the parties and that you cannot impose them from this Parliament as is now proposed. The difference between those agreements and what we are discussing now is that this Clause proposes to impose an agreement upon India. The hon. Member would not dare to suggest that we should impose a similar condition upon South Africa, Canada or Australia or any other country in the world. Does the hon. and gallant Member suggest that India must be reduced to Crown Colony status in order that this Clause may be passed? Surely that is not the intention of even the greatest "Die-hard" Tory in the House of Commons. When we were dealing with this matter a short time ago I was challenged by one or two hon. Members with regard to a statement that I made. I made a statement that.
What were the exact words?
The hon. Member is happily not my master or teacher. I will do what I like. But in order that I may not do him an injustice I will read his words because they are more important on this occasion than mine. This is what I said on this subject when we were discussing it on 30th April:
"Hon. Members complain that the Lancashire textile industry is not doing well. What has happened? I think I am right in declaring that there have been firms in Lancashire who have actually stripped their own mills in the county of Lancashire of textile machinery and have shipped it to India, and that Lancashire machinery has been put into Bombay mills to produce the very commodities that we used to export." —[OFFICIAL REPORT,30th April,1935; col. 209, Vol. 301.]
The argument which the hon. Member is now advancing may have been entirely proper on another occasion but it certainly does not come within the very narrow terms of the proposed new Clause.
I must then appeal to the hon. Member for Macclesfield (Mr. Remer) to allow me to quote these statements on another occasion. Perhaps I may put my case in another form. It is true that the Lancashire textile industry has suffered because of the Indian boycott but I would ask the hon. and gallant Member for Bournemouth to bear in mind that when he quotes figures relating to that point, he ought to take into account the decline in the value of money. The actual decline in trade between Lancashire and India is not fairly expressed unless we take into account the decline in money values. That is not to underrate the significance of the fact that there has been a serious decline, but the difference between us is a simple one. The hon. and gallant Member and his friends want to compel the Indian Government to make the way easier for Lancashire textile goods whereas we on this side and, I think, the Government also, say, unhesitatingly, that we cannot compel 250,000,000 people any longer to do anything. Indeed, if I were one of the 250,000,000 I would stand up against a proposition of the kind which is now being put forward.
It is not only the Indians who have been destroying Lancashire trade. What have the people in Lancashire themselves been doing? Are not they themselves partly responsible for destroying trade between Lancashire and India? I have here a number of advertisements which are of interest as bearing on this point. I have here one advertisement from the "Indian and Japanese Textile and Engineering Diary for 1935." It is an advertisement from a firm called Ryden's Mill Stores Limited, Whalley Banks, Blackburn, and this is what they say to the Indian and Japanese people:"Wanted. A new home in India, China or Japan for our stock of reconditioned weaving machinery of all kinds."
On a point of Order. Is the hon. Gentleman in order in raising this matter now? I only ask because we may want to reply to him and we wish to be sure that we will not be ruled out of order in seeking to do so.
I was waiting to hear what the hon. Member was about to quote, but I have very much in my mind at present one thing which must not be done now, and that is to turn a discussion on a narrow Clause of this character into a general discussion on the whole question of Lancashire trade. The hon. Member for Westhoughton (Mr. Davies) must himself see the narrow effect of the Clause on the Paper.
I have been here for 14 years and have never yet challenged a Ruling of the Chair, but I think I may be pardoned on this occasion for saying that when the hon. and gallant Member for Bournemouth was allowed to say what he did on this same subject I should be entitled to answer him, in some form or another.
I think the hon. Gentleman was going far beyond an answer to the very general remarks which were made in regard to Lancashire by the hon. and gallant Baronet the Member for Bournemouth (Sir H. Croft.) I must not allow a Debate on this Clause to develop into a Debate on the conduct of Lancashire millowners or machinery makers.
May I submit that the argument for the new Clause is that higher duties ought not to be imposed upon United Kingdom imports, and the question is whether it is any use to include a Clause of that sort in the Bill, if it can be shown that, as a matter of fact, it is not higher duties which are causing the trouble. I think my hon. Friend is in order in making that case against the new Clause and in showing that the evil effects 'anticipated by the promoters of the new Clause would not arise from higher tariffs but from something quite different.
I cannot say that I think this Clause involves any question as to the conduct of Lancashire manufacturers.
May I submit that the hon. Gentleman during the Committee stage made very serious accusations?
I think I have disposed of the matter already: what was done on a previous occasion is not necessarily relevant now.
I am, of course, bound to accept your Ruling, Mr. Deputy-Speaker, or else sit down. I am not, however, going to sit down, but I am going to keep within your Ruling. I want to say that in respect of this Clause one thing at any rate is obvious; the biggest single item of export from this country to India is from Lancashire. That is clear. In fact, up to recently, if it is not the case now, the biggest single export from this country to all countries in the world consisted of Lancashire textiles. I think I may be allowed to mention that in passing. I think I am also entitled to read the Clause in order that we may examine exactly what it means:
What does that mean? It means, in effect, that you tie the hands of the Indian Government in advance in regard to what they ought to do in this matter of tariffs, and that is certainly not giving them the freedom which the Bill is supposed to provide in other respects. We do not say to them in advance what duty they must impose upon the imports of cheap Japanese goods. We do not prohibit goods from Japan or China going into India on account of the conditions of employment in those countries. It may be stretching the imagination a little, but it is not impossible to conceive that an Indian Government at some future remote date might say to us, "We do not like the conditions under which certain goods are produced in the United Kingdom and consequently we will impose so high a tariff against them that they shall be excluded from coming into India to compete against our own productions." I admit that that is stretching the imagination, but I am only stretching the imagination of hon. Members so as to keep myself in order. Let me say this also on the same score. It is possible that British capitalists who have established mills in Bombay, Calcutta and elsewhere—"Nothing in this Act shall be taken to empower the Federal Legislature to impose or increase any duty of Customs upon goods imported into the Federation which are consigned from and in whole or in part produced or manufactured in the United Kingdom, if such imposition or increase would impose on such goods a higher duty of Customs than the duty for the time being imposed on like goods imported into the Federation which are consigned from any country other than the United Kingdom."
On a point of Order. The hon. Gentleman continues to introduce this point which has already been ruled out of order. I submit that he is out of order in referring to British capitalists putting up mills in Bombay and elsewhere and that he is only trying to bring in, by an indirect method, a point which has been ruled out of order. I do not object to that subject being raised, if we have the right to state the other side of the case before the House.
The hon. Gentleman had only got as far as mentioning the fact that mills had been put up in Bombay and elsewhere in India and what he was about to say on that subject I do not know, but I was listening with considerable interest, and some doubt when it would be relevant.
I am sorry if I have rattled the hon. Member for Gorton (Mr. Bailey) by my references to this matter.
Not at all.
I go back once again to the Clause as it stands. What the hon. and gallant Member for Bournemouth wants to ensure is that the duty on United Kingdom goods entering India shall not be higher than the duty on goods from any other country. I think every member of every party would agree with that general proposition except for the fact that the hon. and gallant Member seeks to compel the Indian Government to do what we would not seek to compel any other Government in the world to do.
But are you not imposing every other part of this Bill on India? Why not look after the interests of Lancashire?
I am not going to be drawn out of order once again although I wish I had the opportunity of dealing with the hon. and gallant Member's point. There may be another occasion when we can ventilate this very important question on the Floor of the House. The Committee requires no further argument against this Clause and I feel sure that the Secretary of State cannot possibly accept it. The Government could not agree to the Clause in its present form without insulting the new Government which it is proposed to set up in India. What would the hon. and gallant Member for Bournemouth say if any other country in the world declared to Canada, Australia, or South Africa that they must impose certain tariffs upon certain goods? I repeat that the hon. and gallant Gentleman in this instance has once again been using Lancashire for purposes which are not quite as genuine as I would have expected from him.
5.26 p.m.
Had the Government Dot been so intractable during the Committee stage when this subject was dealt with, one would have expected them to accept willingly such a reasonable proposal as this new Clause. If it is not accepted, we are in an absurd position. The oversea trade of India is one of the largest in the world, not only with this country but also with East and South Africa, China and Australia. That trade could riot exist were it not for the British Navy. Is the hon. Member for Westhoughton (Mr. Davies) prepared to say to India, "We withdraw the protection of the Navy and you can do what you like." It may he said that we protect the trade of Australia and so we do, but Australia makes a sensible contribution to the Navy whereas India's contribution is negligible.
As I listen to these debates I feel that there is a sense of unreality about them. We are not taking the facts of the case into account. We do a great deal for India. Were it not for the British Navy, as I say, the trade of India could not continue to exist and therefore we have a right to ask for such conditions as would prevent any discrimination against our trade with India. Otherwise we might have this Gibertian situation—that a Congress-ridden legislature would put on duties against this country, higher than the duties on goods from other countries and our Navy would have to protect the trade of those other countries with India while our own trade was being penalised. The position seems absurd. That a Secretary of State in this country should refuse, as I am afraid the right hon. Gentleman is going to refuse, this eminently reasonable and necessary provision seems almost incredible.5.28 p.m.
May I ask the hon. Gentleman what he means when he says that were it not for our Navy Indian trade could not exist. Does he not. mean that were it not for our Navy, Indian trade with this country could not exist?
No.
Surely the hon. Gentleman rather over-stated his case when he made that observation. What he is now pleading for is that the Indian people shall not be permitted to do trade except on conditions laid down in this Bill. If there were no British Navy in existence, it is clear that India could trade with Japan or anybody else. It is not the Navy about which the hon. Gentleman is concerned—it is the possibility that Indian legislators may do what this country has been doing for a century, namely, trade in the best market.
I think this is a realistic world and what I meant was that maritime trade cannot exist without due protection, and, if the protection of the British Navy were withdrawn from Indian oversea trade, that trade would be at the mercy of any country which wished to put an. end to it.
5.30 p.m.
I agree with the hon. Member for Windsor (Mr. A. Somerville) in what he said about the work done by the British Navy for India. I am astonished to hear any man, even one with extreme Labour views, suggest that what the hon. Member said was not true. I did not think we had arrived at such a state that there was any need to defend the action of our Navy in the interests of the trade of India. The point, however, seems so trivial that I do not wish to waste time discussing it. I shall leave it to my Labour friends to explain to each other. I think that everyone, except the members of that party, are satisfied with the value of the work done by the British Navy for Indian trade. There has been a great deal of talk while this Bill has been passing through the House about the trade of India being based on good will. I have heard a great deal of talk about good will as regards Lancashire trade in particular, and I think that I shall be in order in referring specifically to the cotton trade. I have always held the view that good will is the basis of trade, whether between persons or nations, but I can never understand why anyone should not be able to translate that good will into black and white if he wishes to do so.
All that this new Clause proposes is to put into black and white the good will that exists between this side and India. When boiled down to ordinary terms, it means that we are asking that the Indian trader should give the Lancashire trader in the same field a fair chance. That has not been done in the last few years. In fact, tariffs against Lancashire trade have grown greatly. I am afraid that I must leave that point because I see Mr. Deputy-Speaker looking at me, and I am afraid that I may get out of order. I can understand the attitude of the hon. Member for Westhoughton (Mr. Rhys Davies.) He would cure all the ills of Lancashire by the establishment of international Socialism. Whether that can be done in one night or one day I do not know, but I have heard it suggested that it is possible to do it "in our time"—.The hon. Member is now getting out of order.
I bow to your Ruling, Mr. Deputy-Speaker. All I would say is that I cannot see what alternative the hon. Member for Westhoughton has to offer to the people of Lancashire if he cannot support this rather moderate Clause. I have no doubt that my right lion. Friend will not accept the Clause. I have noticed throughout the discussions of the Bill that when we refer specifically to the trade of Lancashire nothing is done for it. That is why, when we go back to Manchester, we. are told by our constituents, as I was told only a fortnight ago, to vote against the Bill. In my own division a resolution was passed that I must oppose the Bill because there is nothing in it that is in any way a safeguard for Lancashire trade. If the Clause were accepted, it would go a certain way towards helping the trade of Lancashire.
5.35 p.m.
There is only one opinion in the House that, if we asked the Federal Legislature not to impose higher duties on United Kingdom goods than on those from other countries, it would be the right course to adopt, but we have to consider whether the proposed Clause is the best way to achieve that. The new Clause lays down that we here should prevent the Federal Legislature from carrying out its own wishes. It is no good the hon. and gallant Member for Bournemouth (Sir H. Croft) telling us that this is done between Great Britain and other countries. That may be so, but he knows that that is the result of agreements negotiated between the countries. We hope that the Government of India will not impose higher duties against British goods than the duties against other countries. I do not think they will, and I would like the. hon. and gallant Gentleman to tell us why he fears that they will legislate against our goods in preference to the goods of other countries.
Because I have read the speeches of the leaders of Congress, who say they are determined to take steps to eliminate all British and foreign goods.
The hon. and gallant Member may have read speeches made by the present members of Congress, but whoever governs India in days to come will, I feel certain, govern that country in the interests of India. If they think that British goods are not acceptable to them, I can understand their taking action not to accept them. We can afford to leave this question to the Indian Government to decide for themselves. It is not for us to say, because we have negotiated agreements with other countries, that we are going to impose similar agreements on India regardless of Indian opinion. Our feeling is not that we do not want to encourage Lancashire trade, but that we do not think we shall increase Lancashire trade by telling the Indian people what they should do. We can trust the Government of this country to negotiate with the new Indian Government when it is set up the best possible agreement, as they say they have done with other countries. We consider that it is better for the Lancashire cotton operatives that this Clause should not be accepted. That is our only reason for opposing it.
5.38 p.m.
I do not propose to follow the hon. Member for Westhoughton (Mr. Rhys Davies) into the controversy which he sought to raise. I would only say that if an opportunity arises to deal with the matter, as I hope it may, we on this side, as much as the hon. Member will welcome a chance of clearing it, up. In saying that, I make no indirect allegation against the hon. Gentleman or his friends. What does this new Clause ask? It simply asks that India shall not impose duties against British goods—not merely Lancashire goods, for the proposed Clause concerns the whole of England—higher than she imposes against goods of foreign countries. After all that we have done in the centuries for India, I fail to understand how a Member of this House can oppose that principle. I hope that the people of England, and the people of Lancashire in particular, will mark what. hon. Members opposite are doing with regard to this matter, as they have already marked what they did yesterday. Hon. Members opposite say that they are out for Lancashire. They are just as much out for the interests of Lancashire as they are for the interest of the proper defence of this country. The principle for which we are asking is absolutely sound. It is accepted throughout the Empire, and it would, I have no doubt, have been put into the constitution of Canada had Canada been granted a constitution now instead of 100 years ago before Imperial preference became a fact and before we had conquered the ancient shibboleths of free trade.
We are making no particular exception in the case of India by this new Clause. Hon. Members opposite seem very sensitive about the rights of India; yet they did not protest against India being given the same rights in the Crown Colonies as we now have. They never object to a concession being given to any other country except our own. Their opposition to this new Clause is part and parcel of their whole attitude, and I will not trouble to answer them any further. [HON. MEMBERS: "Hear, hear."] I am glad that they appreciate that they have already been sufficiently answered. I do not envy them when they face their constituents.The hon. Member will not be here, any way.
It is his swan song.
If I discussed that matter, I should be out of order. The attitude of the Labour party to this Clause is the attitude they take towards giving a concession to this country in any circumstances. In regard to the trade aspect of this Bill, my right hon. Friend the Secretary of State knows that those who think as I do are in violent disagreement with the main principles of the Bill. At this stage and on this new Clause there can be no point in raising issues of principle. The Government have decided on their policy, and they can carry it through. I appreciate that it is possible my right hon. Friend may not feel able to accept this proposed Clause, which would put in statutory form, in addition to the existing safeguards in the Bill, that India may not put greater duties on this country than she puts upon foreign countries. I can appreciate that, if we put this Clause in the Bill as it stands, it might be regarded as the maximum of what we are entitled to instead of the minimum.
Few of us are afraid that the practical danger, at any rate for some years, is that India will discriminate against this country in favour of foreign countries. There may be a discrimination of one class of goods mainly produced by England' while another class of goods be made tariff free. In the iron and steel trade there are many varieties of goods, some of which are produced in this country and some in Germany. Without infringing this new Clause, the Indian Government could so arrange their duties that they were in favour of the class of goods mainly supplied by Germany. Therefore, I feel that the Secretary of State might well say that he cannot accept the Clause in its present form. I accept the spirit of the Clause for which I shall vote unless my right hon. Friend finds himself able to give an undertaking. He could meet what we want if he caused words to be put in the Instruments of Instructions to define discrimination or penal duties. If he says lie will do that, I think it would be less likely to offend Indian susceptibilities and would not prejudice the position in regard to other acts of discrimination. I do not want to put one act of discrimination in a Clause and make that illegal and deal with the others in an omnibus provision. We might weaken our position instead of strengthening it. If the right hon. Gentleman could give us helpful words indicating that the British Government do accept the principle of this Clause, even if they cannot accept the form of words, while I cannot pretend that that would meet all our fears and our opposition to the Bill it would make us appreciate that he was anxious to meet us as far as he can, according to his lights, in a reasonable way, and we should feel for the first time some small measure of gratitude.5.46 p.m.
This Clause appears, on the face of it, to make a very moderate demand. Let me say at once that I hope for much better treatment from India than most-favoured-nation treatment. I look forward to a time when the relations between the two countries will be such that we shall give each other much better than most-favoured-nation treatment. I agree to this extent with what the hon. Member for Gorton (Mr. Bailey) has said on the subject, but it might be a great mistake to put into an Act of Parliament a Clause of this kind which implied that the most we hope for from India was the most-favoured-nation treatment which they were giving to some foreign country. I hate appearing to differ from my hon. Friends on questions of this kind. I take just the same views as they do about Imperial Preference. I am just as anxious as any hon. Member, whether he sits for a Lancashire constituency or any other constituency, to see a restoration of Lancashire's trade with India. During the years I have been at the India Office I have had many opportunities of realising the fearful hardships that have been imposed upon Lancashire by this great deterioration in her trade with the East. All the time I have been at the India Office, whatever some of my hon. Friends may think to the contrary, I have been searching my mind and using every possible effort to stimulate the restoration of a trade which I believe was as beneficial to India as it was to Great Britain. My difference with them, a difference which emerges again upon a consideration of this Clause, is as to the best way to enable a restoration of trade to take place.
I must not he diverted into a general discussion on this rather narrow issue, but I do not agree with the analysis of Anglo-Indian trade in the last 20 years given by my hon, and gallant Friend the Member for Bournemouth (Sir H. Croft.) I do not believe myself that the falling-off is mainly, or even substantially, due to political hostility in India,. I believe it is much more due to bad times than to anything else. I believe it is due to the need imposed upon the Government of India to raise the Customs duties, not with any penal motive against British trade but with the urgent need of balancing the Indian Budget. I believe, further, it is to a great extent due to the falling-off in the purchasing power of the Indian peasant as a direct result of the slump in commodity prices. I do not take the view that this falling off in trade is in any way due to penal action either of the Government of India or of the people of India against Great Britain. I say that not to elaborate it, because it would be out of order to do so, but merely in reply to the claims of my hon. and gallant Friend the Member for Bournemouth. Taking that view, and believing that the main causes are economic rather than political, I ask myself how far a new Clause of this kind would really help the situation. I agree with my hon. and gallant Friend that it is the most inoderata of the Clauses he and his friends have moved. I am, however, inclined to put to them this question: Is it worth while, on the narrow issue in this Clause to run the risk of really embittering the atmosphere in India, with the result that almost inevitably much greater damage will be done to British trade? Is it worth while, on this narrow issue, to give to India the impression that after nearly 20 years of the Fiscal Autonomy Convention we are imposing a fiscal policy upon her' I take the view that economically, setting aside all our prejudices for or against this Bill, and looking at the question simply as business men, it would be a great mistake to run that risk. I take the view that there are really only two alternatives before the House. There is the alternative of reverting to a system that we brought to an end in the case of the Dominions long before their Constitution Acts were passed into law. In the case of Canada, as early as 1842, more than 20 years before the British North America Act, we abandoned the attempt to control Canada's fiscal policy. So also was it in the case of New Zealand and of Australia. Is it worth While to attempt to go back upon what has been the consistent policy of Great Britain in dealing with the principal parts of the Empire now for nearly a century, and to attempt, even upon this narrow issue, to impose a fiscal policy upon the new Federal Government of India 4 I should have said myself that it was a great mistake to make any attempt of that kind, that it is much better to choose the alternative and to realise the fact that British trade in the future is much more likely to gain by agreements with India reached between this or that part of the British Empire. My hon. and gallant Friend the Member for Bournemouth alluded to Ottawa, and seemed to think that this new Clause was in consonance with the Ottawa spirit. I venture to say to him that it is in direct variance with Ottawa. The Ottawa spirit was the spirit of agreement between one Empire Government and another. That is the spirit in which the Government approach these questions connected with India in the India Bill, and if to-day I accepted my hon. and gallant Friend's Amendment, much as I wish to see Lancashire's trade restored I should feel that I was acting contrary to that spirit, and that I was taking a step which in the long run would be definitely injurious to the trade of Lancashire and to British trade generally. For these reasons I must, with regret, refuse to accept my hon. and gallant Friend's new Clause, and I must once again say to the House, and to anyone in India who hears my words, that we definitely stand upon the basis of agreements willingly entered into between Great Britain and that country. I believe that along that road, even though we may have difficult moments and setbacks from time to time, the road that we have always trod in our relations with other parts of the Empire, there will be much greater hope for British trade than along the road of coercion and compulsion.May I ask the right hon. Gentleman one question, which I put in another form in my observations? Is this Clause, in effect, covered by the other safeguards in Clause 12? In other words, under the existing safeguards would it be lawful for India to impose taxation favourable to the foreigner? It is an important question, which goes to the root of the Bill, and we should like a specific answer.
It would depend upon the actual case. The position is made quite clear in the Instrument of Instructions. If the object of the duty was not a genuine economic object, and if it was put on with the intention of injuring British trade, then certainly the Governor-General would not only have the right but the duty to stop a duty of that kind.
The Secretary of State speaks of this discrimination being exercised with the intention of injuring British trade. It would be very difficult to find out what the intentions of people are. What would be the position if it would have the "effect" of injuring British trade?
We cannot go into a discussion of those points on this Clause.
May I ask one further question arising out of the answer which the right hon. Gentleman has just given? I accept his answer about what would happen if it was the intention to injure British trade, but can he suggest one instance of a preference to a foreign country against this country in which the obvious intention would not be the injury of British trade?
I could not offhand, but I will look into it.
5.58 p.m.
I hope the House will allow me to occupy a few moments of its time in offering some observations on this Clause. My excuse for doing so is the extreme importance of the issue raised, which now passes from the consideration of the House, at least so far as this stage of the Bill is concerned, for the last time. I will put what I have to say quite shortly, but I am not without hope that some of the occupants of the Treasury Bench may attach some importance to the considerations which I desire to put before them. The Secretary of State has just put to the House the view of His Majesty's Government that it is much better that trade between India and Britain should be founded upon agreements willingly reached between the two countries. Of course that is so. I think that is a proposition to which every hon. and right hon. Member present would accede. But I respectfully suggest that that is not the complete picture. Of course the trade must rest upon agreements willingly entered into between the two countries, but should not those agreements rest upon a foundation of principle, should not they be based upon some principle, somewhere established, to govern the whole course of Imperial Trade? Nothing less than this issue of the presence or absence of some principle that should determine the whole course of Imperial trade, is raised by this Clause which the Secretary of State admitted a few moments ago to be the most moderate of all the new Clauses, dealing with this topic, that were put upon the Order Paper by my hon. Friends and myself. Much has been said in these Debates about good will and about the necessity of resting upon good will for the furtherance of trade between India and Britain. Surely that is not the point. The good will exists. The Indian people desire to buy British goods. What we urge, and what has always been refused to us, is security against those who would frustrate that good will. There is no question that good will exists, but when we are contemplating a great constitutional change and the possibility of a succession of events which may bring our trade into jeopardy, are we not entitled to insist upon security against those who would frustrate the real will and the real interests of the people of India?
The matter can be put very simply. All the new Clauses which we put upon the Order Paper to deal with this topic were rejected by the Government. This is the only one, the most moderate of all, saved from the wreck. It may be that some of us are not satisfied with it as it stands, but it is at least something to ask for. When the Secretary of State says that it would be a mistake to insert the proposed new Clause in the Bill because that would suggest that it is the most that we ask for, he is putting the matter in a false perspective. This is the least that we ask for.' It is all very well for the hon. Member for Ince (Mr. G. Macdonald) to say that we must leave the Indian Government, after this constitutional change, to decide these questions of itself, in accordance with the interests of the Indian peoples, but that, again, is to see only half the picture. The Secretary of State a few moments ago referred to the Dominions and to the Conference of Ottawa. Were not the difficulties which Ministers had at Ottawa—and no one would contend that they were not great—due to the fact that for many generations the fiscal policies
Division No. 211.]
| AYES.
| [6.8 p.m.
|
| Acland-Troyte, Lieut.-Colonel | Goodman, Colonel Albert W. | Raid, David D. (CountyDown) |
| Alexander, Sir William | Hales, Harold K. | Remer, John R. |
| Allen, Lt.-Col. Sir William (Armagh) | Keyes, Admiral Sir Roger | Rickards, George William |
| Bailey, Eric Alfred George | Knox, Sir Alfred | Sanderson, Sir Frank Barnard |
| Broadbent, Colonel John | Lennox-Boyd, A. T | somerville, Annesley A.(Windsor) |
| Brown, Brig.-Gen. H. C. (Berks., Newb'y) | Levy, Thomas | Taylor, C. S. (Eastbourne) |
| Burnett, John George | Macquisten, Frederick Alexander | Todd, A. L. S. (Kingswinford) |
| Craddock, Sir Reginald Henry | Marsden, Commander Arthur | Touche, Gordon Cosmo |
| Croft, Brigadier-General Sir H | Mellor, Sir J. S. P | Wayland, Sir William A |
| Emmott, Charles E. G. C | Mills, Major J. D. (New Forest) | Wells, Sidney Richard |
| Erskine-Bolst, Capt. C. C. (Blackpool) | Nunn, William | Williams, Charles (Devon, Torquay) |
| Everard, W. Lindsay | Oman, Sir Charles William C. | |
| Fielden, Edward Brocklehurst | Peto, Sir Basil E. (Devon, Barnstaple) | TELLERS FOR THE AYES.— |
| Fleming, Edward Lascelles | Pike. Cecil F. | Mr. Herbert Williams and Mr. Raikes. |
| Fuller, Captain A. G. | Procter, Major Henry Adam |
NOES.
| ||
| Adams, Samuel Vyvyan T. (Leeds, W.) | Amery, Rt. Hon. Leopold C. M. S | Baldwin, Rt. Hon. Stanley |
| Agnew, Lieut.-Com. P. G. | Anstruther-Gray, W. J. | Balniel, Lord |
| Albery. Irving James | Assheton, Ralph | Banfield, John William |
| Allen, Lt. Col. J. Sandeman (Bk'nh'd) | Attlee, Clement Richard | Barclay-Harvey, C. M |
of the Dominions have developed in isolation from each other, and out of all relation to each other. And yet in this Bill there is no principle, and there is nothing to indicate a principle, which should, in the future, govern Imperial trade. The Secretary of State, objecting to an analysis of the course of Indian trade which had been offered to the House by my hon. and gallant Friend the Member for Bournemouth (Sir H. Croft), suggested that rather than any of the causes which the hon. and gallant Gentleman mentioned, economic distress was responsible for the decline of trade between the two countries. We do not suggest that economic distress has not been responsible in a great degree for that decline, but the question is a far wider one. If the Bill leaves the Imperial Parliament containing no such Clause as this, there is no security against those who would frustrate the good will of the people of India, and there is no principle to determine the course of Imperial trade. No one will object to the principle of most-favoured-nation treatment; the Secretary of State himself does not assume that position. Why then is he not willing to do something to assert—that is what we insist upon—some principle to govern and determine for the future the whole course of Indian trade?
Question put, "That the Clause be read a Second time."
The House divided: Ayes,41; Noes,234.
| Barrie, Sir Charles Coupar | Griffiths, T. (Monmouth, Pontypool) | Morris-Jones, Dr. J. H. (Denbigh) |
| Barton, Capt. Basil Kelsey | Grimston, R. V | Morrison, G. A. (Scottish Univer'ties) |
| Batey, Joseph | Groves, Thomas E. | Munro, Patrick |
| Beit, Sir Alfred L. | Guinness, Thomas L. E. B | Nation, Brigadier-General J. J. H |
| Bennett, Capt. Sir Ernest Nathaniel | Gunston, Captain D. W | Nicholson. Godfrey (Morpeth) |
| Birchall, Major Sir John Dearman | Hacking, Rt. Hon. Douglas H. | O'Nelll, Rt. Hon. Sir Hugh |
| Blindall, James | Hall, George H.(Merthyr Tydvil) | Ormsby-Gore, Rt. Hon. William G. A. |
| Bossom, A. C | Hamilton. Sir R. W. (Orkney & Zetl'nd) | Orr Ewing, I. L |
| Boulton, W. W | Hanbury, Cecil | Poling, Wilfred |
| Bewyer, Capt.Sir George E. W | Hannon, Patrick Joseph Henry | Parkinson, John Allen |
| Braithwaite, J. G. (Hillsborough) | Harvey, Major Sir Samuel (Totnes) | Patrick, Colin M |
| Briscoe, Capt. Richard George | Heilgers, Captain F. F. A | Peake, Osbert |
| Brocklebank, C. E. R | Henderson, Sir Vivian L. (Chelmsl'd) | Penny, Sir George |
| Brown, Col. D. C. (Nth'l'd., Hexham) | Honeage, Lieut.-Colonel Arthur P. | Petherick, M. |
| Buchan-Hepburn, P. G. T | Herbert, Major J. A. (Monmouth) | Pickthorn, K. W. M |
| Butler, Richard Austen | Hoare, Lt.-Col. Rt. Hon. Sir S. J. G | Power, Sir John Cecil |
| Cadogan. Hon.Edward | Hore-Belisha. Leslie | Ramsay. T. B. W. (Western Isles) |
| Campbell, Vice-Admiral G. (Burnley) | Horsbrugh, Florence | Ramsbotham, Herwald |
| Caporn, Arthur Cecil | Hudson, Capt. A. U. M. (Hackney, N.) | Rathbone, Eleanor |
| Cayzer, Sir Charles (Chester, City) | Hudson, Robert Spear (Southport) | Reed, Arthur C. (Exeter) |
| Cazalet, Thelma (Islington, E.) | Hunter, Dr. Joseph (Dumfries) | Rhys, Hon. Charles Arthur U |
| Cazalet, Capt. V. A. (Chippenham) | Hunter-Weston, Lt.-Gen. Sir Aylmer | Ropner, Colonel L |
| Chamberlain, Rt. Hon. N. (Edgbaston) | Inskip, Rt. Hon. Sir Thomas W. H | Ross Taylor, Walter (Woodbridge) |
| Chapman, Sir Samuel (Edinburgh, S.) | Iveagh. Countess of | Rothschild, James A. de |
| Chorlton, Alan Ernest Leofric | Jackson Sir Henry (Wandsworth, C.) | Ruggles-Brise, Colonel Sir Edward |
| Clayton, Sir Christopher | James, Wing.-Com. A. W. H | Russell, R. J. (Eddisbury) |
| Cocks, Frederick Seymour | Jamieson, Douglas | Rutherford, Sir John Hugo (Liverp'l) |
| Colfox. Major William Philip | Janner, Barnett | Salmon, Sir Isidore |
| Conant, R. J E. | Jenkins, Sir William | Samuel, Sir Arthur Michael (F'nham) |
| Cooke. Douglas | Joel Dudley J. Barnato | Savery, Servington |
| Cooper, A. Duff | John William | Shakespeare, Geoffrey H. |
| Courthope, Colonel Sir George L | Jones Morgan (Caerphilly) | Shaw, Helen B. (Lanark, Bothwell) |
| Cove. William G | Ker, J. Campbell | Shaw, Captain William T. (Fortar) |
| Crooke, J. Smedley | Kirkpatrick, William M. | Shepperson, Sir Ernest W |
| Crookshank, Col. C. de Windt (Bootle) | Lamb, Sir Joseph Quinton | Smith, Sir Robert (Ab'd'n & K'dine, C.) |
| Crookshank, Capt. H. C. (Gainsb'ro) | Law, Sir Alfred | Smith, Tom (Normanton) |
| Croom-Johnson, R. P | Law, Richard K. (Hull, S. W.) | Smithers, Sir Waldron |
| Cross. R. H | Leighton, Major B. E. P | Somervell, Sir Donald |
| Crossley, A. C | Lewis, Oswald | Southby, Commander Archibald R.J. |
| Culverwell, Cyril Tom | Lindsay, Noel Ker | Spencer, Captain Richard A. |
| Daggar, George | Lister, Rt. Hon. Sir Philip Cunliffe- | Spender-Clay, Rt. Hon. Herbert H. |
| Dalkeith. Earl of | Little, Graham-, Sir Ernest | Spens, William Patrick |
| Davidson, Rt. Hon. J. C. C | Lloyd, Geoffrey | Stanley, Rt. Hon. Lord (Fylde) |
| Davies, David L. (Pontypridd) | Locker-Lampson. Rt. Hn. G. (Wd. Gr'n) | Stanley, Rt. Hon. Oliver (W'morland) |
| Davies, Maj. Geo. F. (somerset, Yeovil) | Lockwood, John C. (Hackney, C.) | Stevenson, James |
| Davies. Rhys John (Westhoughton) | Loder, Captain J. de Vere | Stewart, J. Henderson (Fife, E.) |
| Denman, Hon. R. D | Loftus, Pierce C | Stones, James |
| Denville, Alfred | Lovat-Fraser, James Alexander | Stourton, Hon. John J. |
| Dickie. John p | Mabane. William | Strauss, Edward A. |
| Dobbie. William | MacAndrew, Lieut.-Col. C. G. (Partick) | Strauss, G. R. (Lambeth, North) |
| Doran, Edward | MacAndrew, Major J. O. (Ayr) | Stuart, Lord C. Crichton |
| Duckworth, George A. V | Macdonald, Gordon (Ince) | Sueter, Rear-Admiral Sir Murray F. |
| Duggan, Hubert John | MacDonald, Rt. Hon. J. R. (Seaham) | Sugden. Sir Wilfrid Hart |
| Duncan, James A. L. (Kensington, N.) | Macdonald, Capt. P. D. (I. of W.) | Tate Mavis Constance |
| Edwards, Charles | McEntee, Valentine L. | Thomas, James P. L. (Hereford) |
| Ellis, Sir R. Geoffrey | McEwen, Captain. J. H. F | Thorne, William James |
| Eimley. viscount | McKie, John Hamilton | Tinker, John Joseph |
| Emrys-Evans, P. V | McLean. Major Sir Alan | Train, John |
| Entwistle, Cyril Fullard | Maclean, Nell (Glasgow, Govan) | Tufnell, Lieut.-Commander R. L |
| Essenhigh, Reginald Clare | McLean, Dr. W. H. (Tradeston) | Turton, Robert Hugh |
| Evans, Capt. Arthur (Cardiff, S.) | Makins. Brigadier-General Ernest | Ward, Lt.-Col. Sir A. L. (Hull) |
| Evans, R. T. (Carmarthen) | Mallalieu. Edward Lancelot | Ward, Irene Mary Bewick (Wallsend) |
| Foot, Dingle (Dundee) | Margetson, Capt. Rt. Hon. H. D. R | West, F. R |
| Ganzoni, Sir John | Mason, Col. Glyn K. (Croydon, N.) | Williams, David (Swansea, East) |
| George, Megan A. Lloyd (Anglesea) | Maxton, James | Williams, Dr. John H. (Llanelly) |
| Gillett, Sir George Masterman | Mayhew. Lieut.-Colonel John | William Thomas (York, Don Valley) |
| Gledhill, Gilbert | Meller. Sir Richard James(Mitcham) | Windsor-Clive. Lieut.-Colonel George |
| Gluckstein, Louis Halle | Mills, Sir Frederick (Leyton, E.) | Wood, Rt. Hon. Sir H. Kings. |
| Goff. Sir Park | Milner. Major James | Wood Murdoch McKenzie (Banff) |
| Goldie, Noel B | Mitchell, Harold P.(Br'tf'd & Chisw'k) | Worthington, Dr. John V. |
| Gower, Sir Robert | Mitchell. Sir W. Lane (Streatham) | Young Rt Hon sir Hilton (S'v'noaks) |
| Graham. D. M. (Lanark, Hamilton) | Molson, A. Hugh Eisdale | Young, (Middlesbrough, E.) |
| Grenfell, David Rees (Glamorgan) | Monsell, Rt. Hon. Sir B. Eyres | |
| Griffith, F. Kingsley (Mlddlesbro W.) | Moore, Lt. Col. Thomas C. R. (Ayr) | TELLERS FOR THE NOES.— |
| Griffiths. George A. (Yorks. W. Riding) | Moreing, Adrian C. | Sir Victor Warrender and Captain Hope. |
New Clause—(Default In Respect Of Payment Of Pensions)
If the Federation or any Province shall at any time for any reason make default in securing as provided in Sub-section (2) of the Section of this Act of which the marginal
note is "Duty of Federation and Provinces to supply Secretary of State with funds, "money sufficient to enable the Secretary of State to make on the due date the payments to the persons mentioned in the Section of this Act of which the marginal note is "Exemption of certain persons from
taxation in India, "then it shall be lawful for the Secretary of State, without prejudice to the exercise of any other power vested in him by this Act, to direct the Governor-General to attach and cause to be paid to the said Governor-General, to an amount sufficient to cover the said payments—
and to remit and pay to the Secretary of State the moneys so attached, and the Governor-General shall comply with such directions.— [ Mr. Lennox-Boyd.]
Brought up, and read the First time.
6.16 p.m.
I beg to move, "That the Clause be read a Second time."
This Clause refers to the procedure to be adopted if a default occurs with respect to the payment of pensions. A great deal has been heard in this House on the subject of the Indian pensioners, and no doubt some hon. Members believe that their grievances have already been adequately ventilated and that their natural anxieties should by now have been fully allayed. I venture, however, to suggest to the House that, on the contrary, there is still widespread anxiety among that very estimable body of people, and there is, I believe, a real expectation that if a default occurs, their interests will be very gravely jeopardised. The Joint Select Committee used a phrase which showed the importance of honouring our pledge. They said:that is, the payment of pensions—"His Majesty's Government have in fact pledged the revenues of India for this purpose "
There have been three stages in this battle on behalf of the Indian pensioners to secure what they believe to be their just rights. In the first place, they were anxious that a statutory obligation should be laid on the Federation and on the Provinces to provide the Secretary of State with funds to pay pensions in the United Kingdom. His Majesty's Government went a considerable way towards meeting this request by Clause 157, which is now in the Bill. Secondly, the pen sioners were anxious that the Secretary of State himself should be made responsible for the payment of pensions in this country; and in what is now Clause 269 of the Bill the Secretary of State went some way to meet this second request on the part of the Indian pensioners. There still remains a very real fear as to what will happen if default occurs and the money is not forthcoming. I hope that the Secretary of State, notwithstanding his natural anxiety to avoid every possible reference to that very unhappy contingency, which we hope will never occur, will, in fairness to us, give a direct answer to this direct question: "What will happen if there is default and the Government refuse to pay the pensions that are due to the pensioners? "We very much hope that His Majesty's Government, even at this late stage, before the Bill passes on to the Statute Book, will include in the Bill some definite, specific, statutory machinery by which the Secretary of State, in case of default on the part of the Government of India—the Federation or the Provinces—shall be able to provide himself with money adequate for the due and punctual payment of the pensions due to people resident in England. There are two ways in which this could be done. One, which the Government have already declared they would not for a. moment consider, would be for the British Government to advance sufficient to cover the deficit, the advance being recoverable afterwards from the Federation by the Governor-General under the direction of the Secretary of State. There is, however, a second way, and that is the way put forward in this proposed new Clause, under which the Secretary of State would be provided with funds to meet this possible, but I hope improbable, contingency. To answer the grave objections of the Indian pensioners as they have been answered has not by any means abolished their fears. We were told—I have heard it said in the country to meetings of Indian pensioners—that, if a default should occur, it would be possible to suspend the Constitution. I am not going in detail into that situation, except to refer to some words that occur in the joint report of the All-India Association of European Government Servants and the Police Association, which did not find its way on to the official record. They referred to this very possibility of a suspension of the Constitution in these words:"and it is their duty to see that this pledge is made effective."
They added:"As regards the declaration of a breakdown of the Constitution, it is, we believe, entirely improbable that such anultima ratio will be invoked for the protection of pensioners."
We believe, despite the heartening assurances of the right hon. Gentleman earlier this afternoon, that the financial situation of India, anyhow at the start, will be very grave, and we feel that it is incumbent upon this House to face up to the fact that there may well be wide spread support if the Congress element in the Legislature urge that the financial situation is so bad that the £4,000,000 paid to the Indian pensioners should be withheld. This is just the sort of subject on which the venom of those people who deny the record of our officers out in India is likely to be concentrated, and this House will be doing no service to that body of people who have borne the burden and heat of the day, and have done admirable work for this country and India, in refusing to face up to that issue. I know it is said that the Legislature, although they can discuss, cannot vote on this question of Indian pensions. We have made a change, because in the Act of 1919, I understand, they could neither discuss nor vote on the question. There appears to me to be a very grave chance that, in the discussions which are likely to take place in the future, since they are allowed to discuss this problem, those very evils which we are told the Bill is designed to remove—no responsibility but opportunities for discussion—will be reproduced on this highly important question of Indian pensions. I make one more earnest plea to the Tight hon. Gentleman, who, as I recognise, has gone a very long way to meet the legitimate fear of the Indian pensioners, to crown his work of recognising the pledges of this House and the country by inserting in the Bill some such machinery as is outlined in this proposed new Clause."In the event of a financial collapse, whether partial or complete, a politically unimportant body (some 3,600 people) and uninfluential, resident out of India, will be among the first to suffer."
6.25 p.m.
I beg to second the Motion.
We desire more than anything else to give statutory effect to the promises, which have been very properly and generously made by the Secretary of State at various times throughout these debates, to look after the right of pensioners. The difficulty as it appears at the present time is that, although we have been met in Clauses 157 and 269 as regards the question of the provision of pensions by the Provinces and the Federation where necessary, there appears at the present moment to be no real machinery by which the Secretary of State can get possession of the money required if in any circumstances there should be any default within the Provinces themselves. That appears to be the difficulty which we have to face at the moment. Like my hon. Friend, I have no wish to go into the vexed problem of repudiation, which we hope may never arise, but we cannot altogether ignore the fact that, in the situation envisaged in the Bill when it becomes an Act, we prepare to deal with a breakdown of the whole Constitution. If we have to be prepared to face a complete breakdown, and if we lay it down in the Bill that we are prepared to face it, surely it is somewhat illogical if we are not prepared to consider what steps should be taken if ever, through financial stringency or any method of repudiation, we should find ourselves unable under the present system to get from the Provinces the money for the payment of pensions. I know it has been argued earlier in these debates that there is no precedent in any Federation for any form of financial coercion over the constituent units of the Federation; and it may be that the Government will meet us by urging that this proposed new Clause does in fact confer on the Governor-General power to attach money held for the purposes of the Federation or the Provinces, and that to allow him that power would create a new precedent in regard to Federation, and would create a state of affairs unknown in the history of federations throughout the world. As a matter of fact, however, there is a precedent for the taking of steps on the lines of the proposed new Clause. The precedent is to be found in the Federal Constitution of the Australian Commonwealth, as amended in 1929 by Act No. 4 of the Commonwealth Parliament of that year. The enacting Measure, as the Secretary of State will be aware, is the Financial Agreements Validation Act, and that Act did in fact lay down, in Section 105A of the revised Constitution, definite powers by which the Federation was in a position in Australia to get money from the Provinces in case of default. I should like briefly to quote from Section 105, because as a precedent it is of some importance. It says:It goes on to provide that Parliament may make laws for validating such agreements, and so forth. That provision was used under the Financial Agreements Enforcement Act,1932, when the Commonwealth of Australia took away certain moneys which had been held back by New South Wales, which was defaulting on the interest on a Commonwealth loan. The matter went to the High Court, and the High Court supported the action of the Australian Government by laying down that they were entitled to withdraw money from the Provinces for purposes at the Centre in Australia. I have simply quoted that legal case in case the matter of precedent is raised in regard to the powers which the Clause proposes should be given to the Governor-General to get money from the Provinces and from the Federation in case of repudiation. This is still a matter of burning interest to a vast number of pensioners all over the country, who, so far as they are concerned at any rate, have to face facts which we sometimes rather evade facing —the facts of repudiation or financial stringency, because such facts mean to them the loss of the very little that is the difference between destitution and comfort."The Commonwealth may make agreements with the States with respect to the public debts of the States, including(a) the taking over of such debts by the Commonwealth; (c)the payment of interest … in respect of such debts; (e) the indemnification of the Commonwealth by the States in respect of such debts taken over by the Commonwealth."
6.29 p.m.
I am one of those who have supported the Government throughout the proceedings on this Measure, but I feel that it is my duty to represent on the Floor of the House the genuine fears of a very large number of pensioners. This is indeed a burning question to them, and one can well understand their feelings when one reflects that this is their sole source of income. I am not prepared to say whether or not their fears have been unduly worked upon, but the real feeling that I find in their ranks is that the revenues of India will decline, and that they, in common with other Services, may find themselves suffering in regard to the payment of their pensions. I am not myself prepared to express an opinion as to whether that is likely to happen or not, but I feel that one ought to represent the very genuine fears which undoubtedly exist. A very large meeting was held in this House a few days ago. I do not think it was a very well organised meeting, but I could not help being impressed by the very genuine anxiety which the large number of women, both old and young, who were present still felt, in spite of the concessions made by my right hon. Friend the Secretary of State.
If my right hon. Friend could reassure them that they have nothing to fear, and could allay some of the anxieties which have been produced, or if he could go still further and give them financial security in spite of the constitutional difficulties, he would be doing a very kind act. I am not prepared to say whether the new Clause which is now proposed is capable of doing it or not, but I am not wedded to the wording of it in any shape or form. I fully realise the constitutional difficulty of His Majesty's Government guaranteeing charges which arise really upon the revenue of an autonomous part of the Empire. I do not think that anybody would suggest that the British taxpayer should make good a default in pensions in the Australian Commonwealth, although Crown servants hold their offices and are entitled to pensions under His Majesty the King. I hope that the Minister will be able to satisfy some of the very genuine fears which are felt.6.32 p.m.
I should like to support the words which have just been uttered by my hon. Friend the Member for Guildford (Mr. Rhys.) I have a great many Indian pensioners in my constituency who have been very much alarmed over the state of their pensions, and I most cordially acknowledge the courtesy with which my questions and letters to the right hon. Gentleman the Secretary of State and the Under Secretary of State have been received, and through their kindness I have been able to do a great deal to alleviate the anxiety of many of my constituents. At the same time, realise that the anxieties, particularly among the women who are dependent on family pensions, are very great, and I believe with my hon. Friends that their fears have been unduly and unwisely worked upon by circulars, which I and many others have received. Although I am confident that their pensions will be paid—indeed if I thought otherwise I should not be able to vote for the Third reading of this Bill—it would be a great help to pensioners, and to people like myself if some machinery were put into the Bill so that the pensioners could say, "We see it in the Bill in black and white, and we feel that we are safe." If my right hon. Friend could help in that way, we should be grateful to him.
6.35 p.m.
One of the reasons which prompt me to say a few words in support of this Clause is the great number of letters I have received, I might almost say daily, from pensioners and their widows full of misery and pathos, begging me to use my best endeavours to see that there is something put in black and white to secure the payment of their pensions. To these people living in this country it is their only means of livelihood, and there is a very definite reason for their worry. I say with the greatest of respect that although promises have been made on the Floor of this House, there is a very definite lack of means or machinery for securing the payment of these pensions, and I support the plea of my hon. Friend the Member for South-East Essex (Mr. Raikes) and my hon. and gallant Friend the Member for the New Forest and Christchurch (Major Mills) in imploring the Secretary of State to accede to the request which has been put forward.
6.36 p.m.
I think that it will be helpful to the House at this stage if I try to show hon. Members that the machinery which they desire is actually within the structure of the Bill. It is the earnest wish of the Government to ensure to pensioners what is their due, and it has been the earnest desire of my right hon. Friend, from the very start of our discussions, to see that this is amply achieved in the Bill. I think I can show quite shortly that, in fact, the powers which hon. Members desire are included in the Bill. I will not divert my remarks to discuss the methods which have been used to approach pensioners, or discuss in any way the feelings of these pensioners, because I am convinced that every Member of the House is equally desirous of achieving the end that we have in view. I will leave my remarks on that subject there.
My right hon. Friend in the Committee stage has already amended Clauses 157 and 269 for the purpose of meeting the wishes of the pensioners. The effect of those Amendments has been to ensure that, first of all, there are moneys here, and, secondly, that the Secretary of State has the responsibility for seeing that these pensions are paid. I now, therefore, address myself to the one remaining point of anxiety put to me by hon. Members in the course of their speeches. I believe that they have a genuine anxiety to see that the total machinery is in the Bill. They wish to see some "statutory machinery," or they wish to see "in black and white" that there is money there which can be got at, and which can be used for the payment of pensions in any emergency. It is necessary at this stage to remind the House that under the terms of the Bill, taking Clause 14 in conjunction with the special responsibilities under Clause 12, the Governor-General will, in his special responsibilities, act under the direction and control of the Secretary of State. Those two Clauses, operated together upon the Amendments that we have made in Clause 157, will ensure that, if necessary, the Secretary of State can instruct the Governor-General to see that the money is actually paid and returned to this country. The only thing that would be necessary would be for an order to be given. I cannot conceive that the money will not be sent by the Federation to be paid into this country, but if there is any danger, all that the Secretary of State has to do by the operation of Clause 14, in con junction with Clause 12 operating on the special responsibilities for that service. and then operating on Clause 157, is to give a simple order. That is, in fact, the machinery necessary in order that the money shall be paid, and that, I think, is the gap which hon. Members have sought to find in the Bill, but which is, in fact, achieved by a simple executive order. Hon. Members have talked about the possibility of India's financial future not being as rosy as we should all desire. I need only refer them to the very definite remarks about the position of the future revenues of India that have been made by my right hon. Friend in the course of this afternoon. We have, however, included in the Bill definite provisions to ensure that a state of affairs such as a default could not possibly arise. We have purposely, in Clause 12, given the Governor-General a special responsibility for the financial stability and credit of India, and this will mean that we have not only placed machinery in the Bill to meet the gap which hon. Members thought that they had found, but we have forestalled what they think may happen by inserting a definite special responsibility which will place upon the shoulders of the Governor-General the duty to see that the financial stability and credit of India are maintained. That means that at any stage in the future when the Governor-General, acting under the direction of the Secretary of State, considers that action is being taken in any way in India which will prejudice the future position, he may take any action he desires with the help and advice of his financial adviser to remedy the position. There are various other Clauses to which I will refer so as to make assurance doubly sure. In Clause '244 these pensions are charged upon the revenues of India, and in Clauses 43 and 44, if the Governor-General has, through any unfortunate occurrence, to obtain further money, he will be able to pass a taxing Bill enabling him to obtain that money in a case of emergency. I really think that al] these Clauses taken together—and I have attempted to show their interconnection and their operation one upon another—amply fill, and fill more than once, the gap that has been thought to exist in the Bill. Therefore, I would only say to my hon. Friend the Member for Mid-Bedford (Mr. Lennox-Boyd) who, I believe, made a genuine appeal in a genuine speech on behalf of genuine people, that the gap he thought existed, in fact does not exist in the Bill, and that the difficulty he has in mind is amply met by the present position.6.42 p.m.
I desire to say a few words on this question. As a pensioner myself I am not quite sure whether I am acting properly in raising the matter, but as my interest is very small compared with the total sum involved, perhaps the Secretary of State will not mind my saying a few words. I have taken an interest in this subject for a very long time. I have been the president of an Indian Civil Service retired association, and I want to take this opportunity of acknowledging the long way which the right hon. Gentleman the Secretary of State, and the India Office under him, have gone towards meeting the very genuine desires of the pensioners, and especially of those who are dependent upon the family pension funds. The family pension funds were subscribed by the contributors. This action was taken when a former Secretary of State took over all the previously existing private funds of pensioners and various services. He started another fund, and got the contributions towards this new fund. The money, though normally amounting to so many millions, does not in fact exist as a fund or in any shape at all. All the contributions were paid to the ordinary revenues of the Government and spent as ordinary expenditure, and there is no such fund. It exists only on paper, and naturally great anxiety is felt among a number of women who are dependent entirely upon the pensions towards which their husbands or fathers contributed.
The Under-Secretary, who is always reassuring when he addresses us, said that there is no gap left. Of course, there is not. That strikes the eye at once, but the fact remains that none of us in this House, no matter on what side we sit or on which side we vote on this Bill, can pretend to forecast all the effects which will follow the new Constitution during a long period of years. Some of us may be confident that the machine will somehow run on for 10 years or so, but these pensioners have a much longer period than that to anticipate, and no one, neither the Secretary of State nor anyone else who is acquainted with India, can venture to prophesy what events may follow. It has been suggested that the Governor-General may borrow money to meet these charges, or that he may impose a, tax. But that necessity would not arise until the country was in a state.of great confusion, and there might be very strong movements against any such action by the Governor-General. There might be a strong "no payment of taxes" movement. It is very difficult to deal with such a movement with an army. I submit that although in ordinary circumstances there may be no risk of these pensions not being paid, yet this Bill does provide for a breakdown in the Constitution, and a breakdown of that kind may come from all sorts of causes. There might be very widespread disorder all over the country, until the Revenue does not come in at all. It would ease the minds of the pensioners if there were some other method by which, in the event of a breakdown of the finances in India generally, the Secretary of State could at least put his hands on sufficient money to meet these charges. Although I recognise all that the Secretary of State has done we must remember that we are legislating for a great many years ahead and that the whole of the reassurances of the Secretary of State and the Under-Secretary are on the hypothesis that things will always run quite smoothly and that grave financial difficulties are not in store for India. We cannot take merely an optimistic view. This Clause is a form of insurance which may never be reached but would be available if necessary. None of us can prophesy in this world of uncertainty, but I do think that there is that gap still and that the Government would do well to fill it. It does not mean any mistrust of the Government or its officers or of the people out in India.6.49 p.m.
If the House will allow me I will make my maiden speech on this Bill. I would like to say that I was rather apprehensive at the start of this discussion, but the words of the Under-Secretary were absolutely categorical and completely answered the points of anxiety that have been mentioned. Of course it is not easy for any one who reads the Bill to refer to a lot of clauses in order to see exactly what they provide in black and white on any points such as this, but in view of the assurances given by the Government I am perfectly satisfied. I have one or two of these pensioners in my constituency and they have been deeply anxious on this subject. I think that the words of the Under-Secretary will satisfy them. I would not have been able to refer as clearly as my hon. Friend has done to the safeguards that exist in the Bill. Whatever happens, the Government of the day, whatever its political colour, cannot get away from the assurances that the Under-Secretary has given. For these reasons I shall support the Government and I suggest that the new Clause should be withdrawn. If it is carried to a Division the fact that it is voted on will cause apprehension in the minds of some pensioners. They will say "The House of Commons does not safeguard, us." If there were such a state of disorder in India as my hon. Friend the Member for the English Universities (Sir R. Craddock) has envisaged, neither this Clause nor any other Clause would meet the case. There would be a totally new situation and possibly a new Constitution would have to be enforced.
6.51 p.m.
I wish very much that I could respond to the appeal of the last speaker by withdrawing the new Clause, but he let out one of the reasons why it is difficult to do so when he said that he would not be enabled, when speaking in his own constituency, to point to particular passages in the Bill which contain the safeguards.
What I said was that, looking through the Bill without reference to what the Under-Secretary has said to-day, I should not have been able to point to the safeguards, but with that speech in the OFFICIAL REPORT I shall certainly be able to do so.
rose—
I thought the hon. Member was going to ask for leave to withdraw his new Clause. He cannot speak again.
6.53 p.m.
I am glad that my hon. Friend is not going to withdraw the new Clause, because the Under-Secretary has completely misunderstood the apprehensions of these pensioners. The pensioners fear that this Bill is going to cause a complete breakdown in India. They think that the safeguards are not worth the paper they are printed on, and_ that the Governor-General will not be able to obtain the money. We know that he cannot pay it out of his own pocket, and they think, therefore, that the payment ought to be put on the shoulders of the British taxpayer.
That is not what is in this new Clause.
But the new Clause would go a long way towards giving the pensioners the safeguards they desire.
6.54 p.m.
I have taken a great deal of interest in the provisions for the pensioners. I regret very much having to disagree with what has been said by the hon. and gallant Member for Tiverton (Lieut.-Colonel Acland-Troyte.) I am perfectly satisfied that a great number of the pensioners have not had explained to them the Amendments that have been made in their favour while the Bill has been going through Committee. I was horrified to find, at a meeting last week, that there was practically no man or woman in the room who knew that an express provision had been put into the Bill that the Federation and the Provinces were to provide the Secretary of State with the money and that the Secretary of State was to pay the pension on behalf of the Federation and the Provinces. I found that these pensioners had been left in a state of the greatest ignorance as to the great improvement that had been made in the Bill in Committee.
What is the position now? A certain number of hon. Members believe that this Bill is going to create chaos in India and that if chaos is created there may be difficulty in paying the pensions. But short of absolute breakdown of the Constitution every possible provision has been put into the Bill to see that the money is forthcoming from India, and that the moment it comes from India it is paid to the pensioners. In those circumstances it seems to me that the great bulk of the pensioners ought to be satisfied with the improvements that have been made in the Bill. Their objection is the objection of my hon. Friends who object to the Bill root and branch. Pensioners who object to the Bill root and branch are entitled to the views expressed by some of my hon. Friends, but those who do not object root and branch to the Bill ought to have explained to them the improvements that have been made in their favour, and they ought to be satisfied that everything possible has been done for them in the Bill.6.57 p.m.
It should not be forgotten that these pensioners have paid towards their pensions. A great change is being made by this Bill in the Constitution of India, and those who are 'bringing about that change ought to guarantee that the pensions shall be paid in full. These pensioners have served England as well as India, and they are deserving of everything that the Government can do for them.
6.58 p.m.
My hon. and learned Friend the Member for Ashford (Mr. Spens) said he thought that the bulk of the pensioners have not had properly explained to them the improvements made in the Bill, but when he recited what those improvements were, he did not touch the basis of the pensioners' fear and objection. There is the family pensions fund to which reference has been made. These pensions are pensions which have been paid for by deduction from the salaries of people who were employed in the Indian Civil Service under contract with the Secretary of State for India. To put the thing in a nutshell, what these people fear is that no matter what Amendments have been put into the Bill to provide that the money shall be paid in India, those Amendments do not really meet their case. These women, whether old or young, feel that, considering the source from which their pensions are derived, the pensions ought to be as safe as the Bank of England. The hon. Member for the English Universities (Sir R. Craddock) has told us that this family pensions fund does not really exist as a separate fund—
I understand that the family pensions fund does not come under this new Clause at all.
I thought the new Clause referred to Indian pensions generally. I only mentioned that fund as one of the class of pensions.
My information is that family pensions are not affected by this Clause in any way.
I will deal with the other pensions. They all partake of the same nature. I think that there is no Clause in the Bill which will satisfy these people that their pensions are absolutely secure.
7.0 p.m.
I do not want to prolong this Debate. I know there has been a great deal of anxiety, and I am not surprised that there has been anxiety on a question of this kind. I would like in two or three sentences to say with all the authority I can that. in my view, and indeed the view of the Government—and I believe it will prove to be the view of the great majority of this House—the position is absolutely safe. The Governor-General will be following the course of the finances of India. He will know how the finances are going. He will follow the course of events. Suppose it looks as if the financial position is deteriorating, he will be keeping a close watch on the position, and in the matter of pensions he will be acting as the agent of the Secretary of State, that is to say, the agent of the Imperial Parliament. On him will be placed the duty to see that the money is there, and the sum, as has been stated in this Debate, is not a very big sum—about £4,000,000 a year out of revenues amounting to more than £100,000,000 a year. It will be a statutory obligation on the Governor-General to see that the money is there and that the money is transmitted here for payment to the pensioners. It seems to me, in view of these considerations, that the position is absolutely watertight and that no pensioner, man or woman, has any ground for anxiety. Even if there were a breakdown in the Constitution it would still be an obligation on the Governor-General, the Secretary of State and this Parliament to see that the money was forthcoming from India, and I am quite certain myself that even in a state of breakdown it would be not only practical but certain that this sum of £4,000,000 a year would be forthcoming from India. In these circumstances I hope that the great majority of hon. Members, wherever they sit in this House, will realise that the anxieties of the pensioners have been fully met, and that their position is safeguarded.
If the matter is quite as safe as dm right hon. Gentleman says, what is the objection to inserting words like these which would convince everybody in this House?
For the reason I have just given, that it is unnecessary. There is no question of attaching a particular fund when under the provisions of the Bill the Governor-General and the Governor have full power to take any or all funds they so desire.
7.4 p.m.
I do hope the House will realise that the Indian pensioners know a good deal more about India than the average Member of this House. They know a great deal about their livelihood, and they know that all that they have in the world is included in these small payments. It is a very natural anxiety; I think the Secretary of State himself admits that there is this very great feeling. These pensioners went to India, and believed that for all time they were to be the servants of the British Raj, and that their pensions were absolutely secure. If there is no danger of any of these troublous times that seine of the pensioners fear, why does not the Secretary of State give the guarantee of this country to these pensions?
That is not the proposal.
The Secretary of State refuses to accept our proposal because it is unnecessary. Then I ask him this specific question. If there is a breakdown such as has to be contemplated, and as he already contemplates in other connections, what exactly is he going to. do?
Certainly, issue an order to the Governor-General to remit the money here, and I can conceive of no conditions in which it would not be possible to remit the £4,000,000 a year.
7.6 p.m.
If the pensioners are the servants of the Crown under a contract., the Secretary of State in this Bill is varying the terms of the contract, not only without the consent of one of the contracting parties but against their wish. As he does that, he should give an absolute guarantee that in any event their pensions are secure. The hon. and learned Member for Ashford (Mr. Ripens) spoke of the possibility of a break-clown.There should be an absolute.
Division No. 212.]
| AYES.
| [7.7 p.m.
|
| Acland-Troyte, Lieut-Colonel | Goodman, Colonel Albert W. | Peto, Sir Basil E. (Devon, Barnstaple) |
| Alexander, Sir William | Gritten, W. G. Howard | Pike, Cecil F. |
| Allen, Lt. -Col. Sir William (Armagh) | Hunter, Dr. Joseph (Dumfries) | Raikes, Henry V. A. M |
| Astbury, Lieut.-Com. Frederick Wolfe | Jones, Sir G. W. H. (Stoke New'gton) | Reid, David D.(County Down) |
| Bailey, Eric Alfred George | Keyes, Admiral Sir Roger | Remer, John R. |
| Balfour, George (Hampstead) | Knox, Sir Alfred | Sanderson, Sir Frank Barnard |
| Broadbent, Colonel John | Levy, Thomas | Somerville, Annesley A (Windsor) |
| Brown, Brig.-Gen. H. C. (Berks. Newb'y) | Little, Graham-, Sir Ernest | Somerville. D. G. (Willesden, East) |
| Browne, Captain A. C. | Lovat-Fraser, James Alexander | Sotheron-Estcourt, Captain T. E. |
| Burnett, John George | McKie, John Hamilton | Taylor, C. S. (Eastbourne) |
| Craddock, Sir Reginald Henry | Macquisten, Frederick Alexander | Taylor, Vice-Admiral E. A. (P'dd'gt'n, S.) |
| Croft, Brigadier-General Sir H | Marsden, Commander Arthur | Wayland, Sir William A |
| Erskine-Bolst. Capt. C. C. (Blackpool) | Mills, Major J. D. (New Forest) | Wells, Sidney Richard |
| Everard, W. Lindsay | Morrison, G. A. (Scottish Univerties) | Williams, Charles (Devon, Torquay) |
| Fleming, Edward Lascelles | Nall, Sir Joseph | Withers, Sir John James |
| Fuller, Captain A. G | Nunn, William | |
| Ganzoni, Sir John | Oman, Sir Charles William C. | TELLERS FOR THE AYES.— |
| Mr. Lennox-Boyd and Mr. Emmott. |
NOES.
| ||
| Adams, Samuel Vyvyan T. (Leeds, W.) | Croom-Johnson, R. P. | Grenfell, E. C. (City of London) |
| Albery, Irving James | Cross, R. H. | Griffith, F. Kingtley (Middlesbro', W.) |
| Allen, Lt. -Col. J. Sandeman (B'k'nh'd) | Crossley, A. C. | Griffiths, George A. (Yorks. W. Riding) |
| Amery, Rt. Hon. Leopold C. M. S. | Daggar, George | Griffiths, T. (Monmouth, Pontypool) |
| Attlee, Clement Richard | Dalkeith, Earl of | Grimston, R. V. |
| Bunfield, John William | Davidson, Rt. Hon. J. C. C. | Groves, Thomas E. |
| Barclay-Harvey, C. M. | Davies, Edward C. (Montgomery) | Gunston, Captain D. W. |
| Barton, Capt. Basil Kelsey | Davies, David L. (Pontypridd) | Hacking, Rt. Hon. Douglas H. |
| Beit, Sir Alfred L. | Davies, Maj. Geo. F. (Somerset, Yeovil) | Hales, Harold K. |
| Bevan, Aneurin (Ebbw Vale) | Davies, Rhys John (Westhoughton) | Hall, George H. (Merthyr Tydvil) |
| Birchall, Major Sir John Dearman | Denman, Hon. R. D. | Hamilton, Sir George (Ilford) |
| Bowyer, Capt. Sir George E.W. | Denville, Alfred | Hamilton, Sir R. W.(Orkney & Zetl'nd) |
| Braithwaite, J. G. (Hillsborough) | Dickie, John P. | Harvey, George (Lambeth, Kenningt'n) |
| Brass, Captain Sir William | Dobbie, William | Harvey, Major Sir Samuel (Totnes) |
| Briscoe, Capt. Richard George | Doran, Edward | Heilgers, Captain F. F. A. |
| Brocklebank, C. E. R. | Edwards, Charles | Henderson, Sir Vivian L. (Chelmsford) |
| Burghley, Lord | Ellis, Sir R. Geoffrey | Heneage, Lieut.-Colonel Arthur P. |
| Butler, Richard Austen | Eimley, Viscount | Herbert, Major J. A. (Monmouth) |
| Cadogan, Hon. Edward | Entwistle, Cyril Fullard | Hoare, Lt.-Col. Rt. Hon. Sir S. J. G. |
| Campbell, Vice-Admlral G. (Burnley) | Essenhigh, Reginald Clare | Hore-Belisha, Leslie |
| Caporn, Arthur Cecil | Evans, R. T. (Carmarthen) | Horsbrugh, Florence |
| Cayzer. Sir Charles (Chester, City) | Fielden, Edward Brocklehurst | Hudson, Capt. A. U. M. (Hackney, N.) |
| Cazalet, Capt. V. A. (Chippenham) | Foot, Dingle (Dundee) | Hudson, Robert Spear (Southport) |
| Chamberlain, Rt. Hon. N. (Edgbaston) | George, Megan A. Lloyd (Anglesea) | Hume, Sir George Hopwood |
| Chapman, Sir Samuel (Edinburgh, S.) | Gillett, Sir George Masterman | Hunter-Weston, Lt.-Gen. Sir Aylmer |
| Chorlton, Alan Ernest Leofric | Gledhill, Gilbert | Inskip, Rt. Hon. Sir Thomas W. H. |
| Clayton, Sir Christopher | Gluckstein, Louis Halle | Iveagh, Countess of |
| Cleary J. J. | Glyn, Major Sir Ralph G. C. | Jackson, Sir Henry (Wandsworth, C) |
| Colfox, Major William Philip | Goff. Sir Park | James, Wing Com. A.W. H. |
| Conant, R. J. E. | Gower, sir Robert | Janner, Barnett |
| Cooke, Douglas | Graham, D, M. (Lanark. Hamilton) | Jenkins, Sir William |
| Courthope, Colonel Sir George L. | Grattan-Doyle, Sir Nicholas | Jennings, Roland |
| Cove, William G. | Greenwood, Rt. Hon. Arthur | John, William |
| Crooke, J. Smedley | Grenfell, David Rees (Glamorgan) | Jones, Morgan (Caerphilly) |
guarantee on the part of this Parliament that the pensions are secure.
I should like to ask the right hon. Gentleman if in the case of a complete breakdown in the working of this new constitution the Governor-General found himself incapable of transmitting any funds to this country—
lie could not.
What then would be done in the interests of these pensioners?
Question put, "That the Clause be read a Second time."
The House divided: Ayes,49; Noes,203.
| Ker, J. Campbell | Morris-Jones. Dr. J. H. (Denbigh) | Stevenson, James |
| Kirkpatrick, William M. | Munro. Patrick | Stewart, J. Henderson (Fife, E.) |
| Lamb, Sir Joseph Quinton | Nicholson, Godfrey (Morpeth) | Stones, James |
| Law, Sir Alfred | O'Neill, Rt. Hon. Sir Hugh | Storey, Samust |
| Law, Richard K. (Hull, S. W.) | Ormsby-Gore, Rt. Hon.William G. A. | Stourton, Hon. John J. |
| Lawson, John James | Orr Ewing, I. L. | Strauss, Edward A. |
| Leighton, Major B. E. P. | Parkinton, John Allan | Strauss, G. R. (Lambeth, North) |
| Lindsay. Noel Ker | Patrick, Colin M. | Strickland, Captain W. F. |
| Lleweliln. Major John J. | Penny, Sir George | Sugden. Sir Wilfrid Hart |
| Lloyd, Geoffrey | Petherick, M. | Tate, Mavis Constance |
| Locker-Lampson, Rt. Hn. G. (Wd.Grn) | Pickthorn, K. W. M. | Thorne, William James |
| Loftus, Pierce C. | Procter, Major Henry Adam | Tinker, John Joseph |
| Logan, David Gilbert | Ramsay, T. B. W. (Western Isles) | Todd, A. L. S. (Kingswinford) |
| Lumley, Captain Lawrence R. | Ramsbotham, Herwald | Train, John |
| MacAndrew, Lieut.-Col. C. G. (Partick) | Rathbone, Eleanor | Tryon, Rt. Hon. George Clement |
| Macdonald, Gordon (Ince) | Reed, Arthur C. (Exeter) | Tufnell, Lieut-Commander R. L. |
| MacDonald. Rt. Hn. J. R. (Seaham) | Rhys, Hon. Charles Arthur U. | Turton. Robert Hugh |
| McEntee, Valentine L. | Rickards, George William | Wallace, Captain D. E. (Hornsey) |
| McEwen, Captain J. H. F. | Ropner, Colonel L. | Ward, Lt. -Col. Sir A. L. (Hull) |
| McLean, Major Sir Alan | Ross Taylor, Walter (Woodbridge) | Warrender, Sir Victor A. G. |
| Maclean, Neil (Glasgow, Govan) | Ruggles-Brise, Colonel Sir Edward | Wedgwood. Rt. Hon. Josiah |
| McLean, Dr. W. H. (Tradeston) | Russell, Hamer Field (Shef'ld, B'tside) | West, F. R. |
| Makins, Brigadier-General Ernest | Russell, R. J. (Eddisbury) | Williams, David (Swansea, East) |
| Mellalieu, Edward Lancelot | Rutherford, Sir John Hugo (Liverp'l) | Williams, Dr. John H. (Llanelly) |
| Margesson, Capt. Rt. Hon. H. D. R. | Samuel, M. R. A. (W'ds'wth, Putney). | Williams, Thomas (York, Don Valley) |
| Martin, Thomas B. | Selley, Harry R. | Wilmot, John |
| Mason, Col. Glyn K. (Croydon, N.) | Shaw, Helen B. (Lanark, Bothwell) | Windsor-Clive, Lieut. -Colonel George |
| Maxton, James | Shaw, Captain William T. (Forfar) | Wood, Sir Murdoch McKenzie (Banff) |
| Mayhew, Lieut.-Colonel John | Simmonds. Oliver Edwin | Worthington, Dr. John V. |
| Mills, Sir Frederick (Leyton, E.) | Smithers, Sir Waldron | Young. Rt. Hon. Sir Hilton (S'v'noaks) |
| Mitchell, Harold P. (Br'tf'd & Chisw'k) | Somervell, Sir Donald | Young, Ernest J. (Middlesbrough. E.) |
| Mitchell, Sir W. Lane (Streatham) | Southby, Commander Archibald R. J. | |
| Molson, A. Hugh Eisdale | Spencer, Captain Richard. A. | TELLERS FOR THE NOES.— |
| Moreing, Adrian C. | Spender-Clay, Rt. Hon. Herbert H. | Mr. Blindell and Captain Hope. |
| Morris, Owen Temple (Cardiff, E.) | Spens, William Patrick |
Clause 2—(Government Of India By The Crown)
7.17 p.m.
I beg to move, in page 1, line 15, to leave out
This Amendment is to meet a point which was raised by the Princes. The Clause deals with the authority exercised by His Majesty in or in relation to any other territories in India. This of course includes the Crown's relations with the States. The words we propose to leave out are the words "by treaty, grant, usage, sufferance or otherwise." The words purport to set out the origin of the powers. They do not in fact indicate in any way what is the particular source of any particular power. The Princes have however always objected to the view that the Crown's powers are derived from usage or sufferance. The omission of these words does not affect in any way the legal results of the Clause and as my right hon. Friend indicated in the White Paper he had no objection to their omission as this does not affect the Clause, though he made it clear that his willingness to omit them did not indicate any change in the Government's view as the basis of the Crown's relations with the Princes."by treaty, grant, usage, sufferance or otherwise."
Will the Solicitor-General explain a little more why these words are being left out. I could not follow him. It seems to me that originally they were put in for some reason. Either the Amendment is futile or it is dangerous.
It is neither. They are descriptive words, and have no relevancy to the Clause. The position is not altered by their omission, and as their general character created an anxiety in certain directions we thought it best to leave them out.
Amendment agreed to.
beg to move, in page 1, line 19, at the end, to insert:
This Amendment arises out of a matter dealt with in the White Paper. It was pointed out by the Princes in their representations that the last three lines of the Clause appeared to empower His Majesty, without any restriction to direct as to who should exercise the powers with which the Clause deals, that is, the powers in relation to other territories in India. That would clearly include paramountcy powers in relation to the States. They said that if the Clause were left without any proviso, it would appear possible for His Majesty to direct someone other than the Viceroy to deal with them in connection with their relations with the Crown. That, of course, is not intended, and it is, therefore, proposed to insert the proviso in order to make clear the intentions of the Bill."Provided that any powers connected with the exercise of the functions of the Crown in its relations with Indian States shall, if not exercised by His Majesty, be exercised only by, or by persons acting under the authority of, His Majesty's Representative for the exercise of those functions of the Crown."
7.20 p.m.
I do not claim to be a specialist in drafting, and I have no doubt that these words have been considered by the best draftsman the Government can command. But I would ask the Solicitor-General to tell us why we should use these very complicated words, which certainly are not good English, although they may be interpretable as an Act of Parliament. Let me call the attention of the House to the words:
Surely the drafting would be infinitely clearer if it read in this way:"if not exercised by His Majesty, be exercised only by, or by persons acting under the authority of, His Majesty's Representative for the exercise of those functions of the Crown."
That is perfectly plain and simple. Unless you have some knowledge of legal jargon or a special knowledge of the English language as it is used in Acts of Parliament, the words of the proviso are unintelligible."if not exercised by His Majecty, shall be exercised only by His Majesty's Representative in the exercise of those functions of the Crown, or by persons acting under his authority."
I think there is ambiguity in the hon. Member's proposal. By putting the words in front of "His Majesty's Representative" you imply no ambiguity.
Amendment agreed to.
Clause 5—(Proclamation Of Federation Of India)
7. 23 p.m.
I beg to move, in page 2, line 35, to leave out "condition," and to insert "two conditions."
This is consequential upon an Amendment later in the Clause—in page 3, line at the end, to insert:"The second condition referred to is that the Provincial Legislatures to be constituted under Part III of this Act shall have been constituted and shall have assented to the establishment of Federation by the requisite majority
The object of this group of Amendments is to set up a second condition to be complied with before Federation can come into being, additional to the condition already existing that 50 per cent. of the Princes whose States comprise 50 per cent. of the State population must have acceded. The second condition we propose is that a majority of the Provincial legislatures having been elected under the new Constitution must consent to Federation, and that the electorate of the assenting Provinces must constitute a majority of the aggregate electorate of all the Provinces combined. It is suggested that in reckoning the electorates the Assembly electorate alone should be taken, because only some Provinces have upper chambers, and therefore, to count the electorate of the upper chamber would be to count the votes of those Provinces twice over. To meet the difficulty that in two-chamber provinces one chamber may vote in one way and the other in another, it is provided that the vote shall be taken at a joint session of both chambers. The proposal, of course, is not that there should be any power for dissenting Provinces to contract out of the Federation. The decision of the majority would be decisive on all Provinces. This is obviously a large proposition to bring forward at this late hour in our discussions, and I cannot pretend to hope that the Government are likely to accept it. But we have to bear in mind future discussions in another place, and who can tell that someone with more influence than myself in the deliberations of that Upper Chamber may seize upon this suggestion or some variety of it. Therefore, we think it is worth ventilating, and I will state the case for it briefly and simply without any embellishments. It is common knowledge that the Bill has been exceedingly ill-received in India by nearly all sections of political opinion. Only the other day a Liberal conference in the United Provinces described the Bill as wholly, absolutely and totally unacceptable, and the Congress organisation continues to represent the new Constitution as being forced upon India. The voice of political India has been much less united and much more ambiguous upon the question which, after all, is vital—whether India would actually prefer no new Constitution to this Constitution. So far as one can judge from the Assembly resolutions, the Congress party would prefer nothing to this. So would Mr. Gandhi and Mr. Joshi, and the members of the Servants of India Society, that devoted body of social reformers. On the other hand, Liberals and various groups of Moslems do not go so far. With the exception of Sir Tej Bahadur Sapru, although none of them have said so explicitly, it is plain that the Liberals and Moslems would be disappointed if the Bill were withdrawn. Hence we must conclude that they consider it as some advance, however inadequate. During the Committee stage an Amendment was supported by the Liberal party, and the Conservative opposition which would have submitted the whole Bill to the verdict of the Indian Assembly for acceptance or rejection. The right hon. Member for Oxford University (Lord H. Cecil) made a speech and wrote to the "Times" in the same sense. That Amendment was rejected by the Government on grounds which seemed to me indisputable, that the present Legislative Assembly has no mandate for such a purpose. They represent only 1,000,000 electors out of a population of 300,000,000. The Amendment which I am proposing is to take the verdict of the Indian people in a different and more satisfactory way. It is true that the verdict will necessarily be taken on the Federation portion of the Bill after the Provincial portion has already come into existence. No one will deny that the opposition to the Bill in this country and in India has been, and is concentrated mainly on, the proposals for the Centre. Even the Conservative opposition is willing to go as far as Provincial autonomy, and all the objections of the Labour party and the advanced groups of opinion in India are directly chiefly, though not entirely, against the form of Federation and the degree of central responsibility. Since that is so, is there not something to be said for carrying into effect that portion of the Bill which undoubtedly constitutes a real step towards self-government, namely, the Provincial part, and then refer to the new Provincial Legislatures the question of whether they would or would not prefer no Federation and no responsibility at the Centre to the proposals of the Bill. These Provincial Legislatures will at least be representative of some 14 per cent. of the Indian people, including some representative of the labouring classes, of the depressed classes, and of the women. Their verdict would be as near an approach to the verdict of political India as a whole as is practically possible under present conditions. I recognise frankly that if this issue were put before the Provincial Legislatures it would be from their point of view a very difficult and very painful choice. Indian political parties have all along declared that they could not accept Provincial Autonomy without responsibility at the Centre. So far as I know they have not swerved from that position. If after that Provincial autonomy was already an accomplished fact they were to reject Federation, they would in effect be assenting to divorce between two measures which in their opinion ought to be indissolubly united. If they did assent, they would of course only he doing so with the hope that they would be able to achieve a more satisfactory form of union between the two sides of the proposal at a later date. But is it not at least conceivable that they might commit themselves to the acceptance of 'a form of Federation, a form of central responsibility, which they profoundly dislike realising, as they might do, the possibility of changing that form one day in order to get it into existence? Should they not at least be given a choice? From the British Indian point of view, just consider how this proposal would affect the situation. If the result was that the majority of the Provincial Legislatures accepted Federation, this would make it much more difficult in the future for disaffected parties in India to argue that they had no responsibility whatever for the Constitution and were fully justified in doing all that they could to make it unworkable. At least they would have accepted the view that Federation on the terms offered was one step better than no central responsibility at all. Suppose, on the other hand, that the result was rejection, then the Provincial autonomy which we all recognise to be a real step in advance towards self-government would have been implemented and the proposed autonomy at the Centre, which in any case is bound to continue in existence for some time before Federation can come into being, would have to continue for a longer time, until such time as Parliament in its wisdom thinks fit to bring forward some new form of proposals for the Centre for acceptance or rejection by the Indian people. On the constitutional point of view, would it not be far more in accord with democratic principles, and more satisfactory to the pride and self-respect of India, if we at least told them that just as soon as we had created legislatures which represented clearly the collective opinion of political India we were willing to give those legislatures the chance to decide for themselves before we forced upon them a very great change and an irrevocable change? It is notorious, I think, that in this House and outside this House a large proportion of Members have assented to the Bill in spite of grave misgivings as to its effect upon British interests, because they believed that the Bill, though it did not give all that political India desired, did at least give that something which would go a considerable way towards satisfying their legitimate aspirations and thus bring about better relationships between the two peoples. But suppose this is a delusion, suppose that the majority of politically-minded Indians do sincerely believe valuate many of their trusted leaders have explicitly 'stated, that the Federal part of this Bill is much worse than nothing, a step backwards or into a morass instead of a step forward, then what justification have we and what interest have we in forcing it upon them? That is the question I put to the House. If that be a fair statement of the position why should we shrink from submitting the Federal portion of our proposals to the test of Indian opinion for their acceptance or for their rejection? That is the effect of acceptance of the series of Amendments of which I now move the first.The requisite majority shall not be deemed to have been obtained unless, —(a) a resolution assenting to the establishment of Federation has been passed in a majority of the Provinces by a majority of the members present and voting at a meeting specially convened for the purpose of the Legislative Assembly in those Provinces which have only one chamber and of a joint session of the Legislative Council and Legislative Assembly in those Provinces which have two chambers; and unless (b) the aggregate electorate entitled to vote at the last preceding general elections of the Legislative Assemblies of those Provinces which have passed the 'aforesaid resolution constitutes a majority of the aggregate electorates entitled to vote for the Legislative Assemblies of all Provinces."
7.36 p.m.
his Amendment is one which is of enormous importance to the success of the Government's scheme so far as India is concerned. So long as Indian people believe that the plan is being thrust down their throats whether they like it or not there is bound to be hostility which must result in the final division between England and India which we all want to avoid. If the scheme is to start with any possible chance of acceptance or gratitude, the Indian people themselves in some form or other must have the decision as to whether they want it. Here we put before the various Legislative Councils in all the Provinces of India the simple question: Are you in favour of Federation as proposed in the Bill, or are you in favour, roughly speaking, of the Simon Commission's Report? The choice is between the two. It is perfectly true that 14-hen Federation was brought forward a great many people in India welcomed it, and so did a great many people in this country, but that was three years ago, and now that the matter has been debated and debated and debated here and in Indiaad nauseamI believe the people in India are almost unanimously in favour of the Simon Commission's Report as against the Federation as we have had it put before us to-day.
But whether that be so or not, it seems to me to be the elementary duty of the Government to see that the scheme put forward is one that the Indians prefer—prefer to the present situation, prefer to the Simon Commission's Report. It is inevitable that any national party in any part of the world is in the state of being an agitating body putting forward a programme intended to attract the maximum amount of support. It is inevitable when that is so that the demands of that party should be far in excess of what they really want. By being extreme we rally together our party. But when it comes to actually putting into the form of an Act the demands that the party in their infancy have made, then you begin to find hesitation and doubt as to whether the Statute that they are getting is really what is wanted and is not really dangerous. I think that stage has been reached in India. People are now afraid of what they are getting. They are getting rid of King Log and getting King Stork. It is only fair that they should have a voice and not be punished by being given a compulsory King Stork for previously having demanded a possibly even more voracious bird. I think we are almost compelled, unless we act with a degree of hypocrisy which would damn our Government for all time, to allow these people to have some say in the choice between the status quo so far as the Centre is concerned and Federation which has become so increasingly unpopular. When the Constitution was offered to the people of Ceylon, it was not forced upon them. It was left to their option. It was left to the opinion of the assembly which by supporting that Constitution would actually disestablish itself. It was left to the assembly to decide whether the new Constitution should come into force. When we raised this question during the Committee stage, in a much less well drafted form than to-day, we proposed that the 'Assembly at Delhi should have the decision as to whether the Federation should come into force or not, and the argument used by the right hon. Gentleman and others opposite was a strong argument. It was that the Assembly could not be expected to vote for an Act of Parliament which disfranchised itself and put the whole of that Assembly out of being. I thing there was some force in that argument, although we did not yield to it when Ceylon was concerned. Now we are proposing to put the decision in the hands of the most democratically elected bodies in India—elected on a wide franchise, although not so wide, I am afraid, as had been promised. In the Legislative Councils, modified by the Second Chambers where necessary—and we all know what those Second Chambers will be—you get a popularly-elected body checked by a body elected by the wealthy. You will give to that body, the most conservative body you can imagine but still the body most able to speak with a national voice, the right to decide whether they will stick to the Simon Commission's Report or whether they are ready and anxious to accept this wide change bringing in the Princes of India to hold the balance and control the country. I do not profess to know what those Legislative Councils as modified by the Second Chambers will decide. After all a great deal of the objection in India to the Bill is objection to the franchise which affects the provincial elections. That would not be modified by this vote in the least. This vote would be directly on the question of the Centre, whether they were or were not in favour of this Federation. I do not pretend to know which way the vote would go, but I am certain that it is our duty to give them the option of deciding for themselves. How can we reasonably say that we will leave it to the Princes to decide whether they should come in, but that we are not willing in those parts of India governed under the British raj for centuries to give them 'the choice? It is an impossible position for any responsible body to take up. The Government by accepting this Amendment would not be injuring their plan in the least. It is still very doubtful whether the Act will be put into operation federally or not. The question of the finances of India may delay it; the consent of the Princes may delay it considerably. It does not spoil the Bill to accept this Amendment; it will leave the structure of the Bill as it is. We think that it cannot be left as it is. This is merely saying that the operation shall depend on the majority vote in the Councils of the Provinces of India. If this were any other Bill to which the Government had not been, as it were, committed for five years, this proposition would be accepted at once, and I am perfectly certain that its acceptance or refusal by the Government will make all the difference in the possible amicable working of this Bill.7.46 p.m.
This is the alternative to a proposal which we discussed in the Committee stage. That proposal was rejected by a great majority. There are two ways of dealing with a position of this kind. One is for Parliament to formulate its proposals, and to leave it to the people in the part of the Empire to which the proposals are to apply to say whether or not they will accept them. The other is for Parliament to make up its mind as to what is the best Constitution in the circumstances, then to pass that Act and to bring it into operation. After a great deal of investigation and discussion, the House of Commons has accepted the second alternative, namely, that we frame the best Measure that we can and then bring it into operation. This proposition would cut directly across that method of approach. I think that in this stage of the Bill it is altogether out of the question to consider it as a proposition that could be adopted. Moreover, I do not believe that if this Amendment were carried it would work. I do not believe that you would get these councils to give a direct answer to a direct question. Secondly, supposing that a bare majority in the Provinces voted for Federation, I do not believe that you would ever be able to compel the minority to accept that.
First of all, I do not think the proposal would be workable. Secondly, I hold very strongly the view that it would be dangerous. I take the view—and it is shared by the majority of the Joint Select Committee and by the great majority in this House—that the safest method of approach to constitutional reform in India is an approach over the whole field. I regard our scheme as a single, comprehensive scheme. I am not prepared to countenance any proposal that divides the scheme into two parts, and that would make it possible for one part to come into operation without the other.Possible?
I said "possible." That being so, I would regard it as unwise and dangerous to start a line of advance which might mean provincial autonomy and nothing else, and leave the central government for an indefinite time unreformed. Those are the reasons, in brief, why I cannot accept the hon. Lady's proposal, and why I hope that once again this House by an overwhelming majority will make it quite clear that, first of all, this is a comprehensive scheme covering both the Centre and the Provinces; and, secondly, it is a scheme for which Parliament is responsible, and which Parliament is prepared to set in operation,.
7.50 p.m.
I have listened with very great interest to the proposals of the hon. Lady, and after what has happened I was a little surprised at the silence of the Opposition when my right hon. Friend was speaking. We had on the part of the Opposition a manifestation of delicacy of feeling, not on behalf of their own constituents, but a feeling that nothing should be done to impose this constitution on India, without consulting the people of India. It would indeed be a sign of consistency on their part if they came into the Lobby with us. I hope we shall see them in the Lobby for democracy, and for not imposing anything on the Indian people. In regard to my right hon. Friend, I was impressed by him also as a great friend of Lancashire—a sort of friend who if you ask him for bread, gives you a stone; a friend who in the goodness of his heart says, "We must have good will. We must not say a word to offend the Indian people." Yet here we are going to impose a whole constitution upon them without asking whether they consent or not. What hypocrisy!
Thank you very much.
I have very strong feelings on this subject. Perhaps one is permitted to express one's feelings. I am sure that if we here were to put forward the sort of arguments which the Government do in an absolutely opposite direction to what they did this afternoon, we should deserve the strongest condemnation. We have been charged with inconsistency. I challenge the Government with complete inconsistency. Of course they can get a large majority. My right hon. Friend said they had a great majority in the Committee stage. Of course they had. You have only to get Members in from their refreshment to the labour of the turnstiles, but is the fact that you cannot get them to listen to the Debate a sufficient reason for foisting something on the Indian people in the name of democracy? I do not believe in Indian democracy, but you do in self-government of the people of India. Yet while you are prepared to make concessions to the Princes you are not prepared to make concessions to the Indian people.
I should like some spokesman of the Government Front Bench to say how they can defend this inconsistency. Perhaps inconsistency is a better word than hypocrisy, and I will use it for the remainder of my remarks. Here they are departing from a democratic standard. "What does it matter what the people of India think, "they seem to say," as long as we get the new Constitution over the footlights "And why are the people not asked to give their consent? We know why. Because you have no confidence in them. This is the condemnation of your whole proceedings. It is a terrible thing to think that we should be seeking to put this new Constitution forward without daring to ask the people of India what they think of it. Good will—what confidence have you in good will when you dare not ask the people whether they will accept the Constitution? The position absolutely reeks of inconsistency. Of course, it is all very well to smile in silence with a dignity and majesty which deign to answer no argument. Really I should like, if it were possible, even in this small House when two or three of us are gathered together, that our argument should be answered. Will anyone get up and say why you are asking the Princes for their consent and not asking the representatives of the people? If you can give me any answer to that, I withdraw the word which I used at the beginning of my speech; otherwise it is true. If you have any faith in the constitution of India, why do you not introduce it constitutionally, democratically instead of on an authoritarian basis? Members were not entitled to ask for a just concession to Lancashire on the grounds of Imperial policy, because it would offend India. Why then offend the people of India by imposing on them something because a junta here has decided that it is good for them? It is merely hypocrisy to use one argument at 3 p.m. and then to turn upon that same argument at 6.30 p.m. If we do get some sort of answer to the criticisms which we have raised on this point, we shall be delighted, but if, as we expect, the Government sit tight and get their legions to vote for them, then the word "hypocrisy" and muddle-headedness, too, is abundantly justified.7.58 p.m.
Whoever can charge the Government with hypocrisy, I do not think it lies with the hon. Member to do so. He told us in the course of his address that he did not accept the verdict of democracy in India, and yet here he is ardently supporting this proposal, the basic conception of which is a reference to the democratic opinion of the Provinces concerned. If the hon. Gentleman is to begin throwing stones, he had better get out of the glass-house in which he himself lives. For my part, I confess I have difficulty about this proposal. In regard to the general sentiment, I confess I have considerable sympathy with it. I think the proposition which the hon. Lady and the hon. Gentleman have advanced, that, if it be right for the States to have a voice, it is equally right that the people of India have a voice, cannot be controverted as a matter of equity. I do not know what the argument against it really is, except that it may be inconvenient for some political reasons. I have said it before and I confess it with some regret tonight. I started discussion of this Bill with a far greater measure, not of enthusiasm but of acquiescence in relation to these Federation proposals than I now entertain. I frankly confess that as these discussions have proceeded week after week my enthusiasm for and indeed my acquiescence in this form of Federation have steadily declined. As I have seen this machine of Federation being devised and amplified by the Government, concession after concession being given, not from the standpoint of meeting the wishes of British India, but those of the States, my enthusiasm for Federation has steadily declined.
I take my stand with the hon. Lady behind me (Miss Rathbone) and the right hon. and gallant Gentleman the Member for Newcastle-under-Lyme (Colonel Wedgwood) in saying that if it be right for the States to be consulted in this matter of principle there is no argument against British India being consulted similarly. But I have a difficulty about the method. I do not know if I understood it precisely, but, if I have, I think the hon. Lady will agree that my objection to the method is a substantial objection. It is presented in paragraph (b.) If I understand the effect of her motion aright, it will work out something in this wise: When she comes to determine, having taken her referendum, shall we say in the Provinces of British India, as to how her majority is made up she lumps into her majority the minority and the majority of several Provinces. Have I made my point clear? Out of 11 Provinces there will be a majority which will vote for or against this proposal of Federation. There will be six, shall we say, in favour and five against. In order to get her majority of these six Provinces that voted for Federation she would have to lump together minorities and majorities in each separate Province, for each Province is not bound to be unanimous either for or against Federation. So it seems that she will do an injustice in trying to do a piece of justice.May I explain? The hon. Gentleman is right in thinking that the suggestion is to lump together.majority and minority. The object of calculating the proportion of the electorate is not that one is assuming that the vote represents the total number of the electorate; it is merely a way of measuring the importance of the Province. If there were not some provision of that kind you might have a bare majority of the smallest Provinces in India voting for acceptance and the remainder, although they were a minority, represented by far bigger electorates. Therefore, I think it is perfectly rational and consistent to take the total electorate of the Province, because it is simply a way of measuring the importance of that Province.
The hon. Lady has exhausted her right to speak. I permitted her to make a short comment, but she cannot make a second speech.
I am much obliged to the hon. Lady and I appreciate entirely the spirit which prompts this Motion. I hope she on her part will appreciate that my criticism is equally genuine. I could not vote for this Amendment as it stands, because although as far as (a) is concerned I should be in favour of the principle enunciated, as far as (b) is concerned it would not be justifiable in order to secure the expression of opinion which is desired to mobilise a majority, by including in the aggregate vote an unwilling minority in any given Province.
May I draw the attention of my hon. Friend to the fact that the Amendment actually moved is merely to provide two conditions, and that the actual detail of how the majority or the minority would be discovered depends on the subsequent Amendments further down?
That is so. The hon. Lady will bear me out that when she got up to move her first Amendment she said that she would speak more particularly upon the details of the Amendment lower down the page. It is a very difficult situation in which we find ourselves. We should not feel justified in voting against this Amendment. On the other hand, it would be exceedingly hard for us, and indeed almost impossible, to vote for the Amendment, as it now stands, having regard to the criticism I have made on paragraph (b.) It is not a very courageous line to take. It is not particularly noble for us to saywecannot vote either way, but we are compelled by the very nature of things. Partly because of our regard for the principles the hon. Lady enunciates, and partly because of our objection to the way it is proposed to apply them in an Amendment of that kind, we shall find it imperative to abstain.
8.8 p.m.
I rise to support the Amendment, because I believe if it were adopted it would give profound satisfaction from one end of India to the other. In order to make myself conversant with the position of affairs, I went out for a four months' tour in the winter and visited every part of India possible in that time. My impression was such that it makes me dread the future of that great country. Possibly there is no member of this Government so misunderstood as the Secretary of State for India. We at home believe that he is sincerely wishful to bring about a satisfactory measure of self government in that country, and yet in. Bombay, Lahore, Allahabad, Delhi, Calcutta and Madras there is a surging tide of opposition against him. They appear to think he is forcing his medicine down their throat entirely against their wishes, and opposition to him seems profound.
Possibly there is no one here in closer contact with India than I am, inasmuch as I have spent 19 years in that country and every year in the Recess I go out there. I approach this matter, so to speak, more in sorrow than in anger. There are those who repudiate anything the Government are doing, but while sympathising with the opponents of the Bill, I realise that there is a terrible task confronting us, and I am only wishful that something can be said and done to remove that undoubted impression in India, that we are forcing something upon them entirely against the wishes of the majority. My business is in India. I meet all classes of people. They look upon me as one of the few Englishmen who really understand them. They may be wrong; they may be right. I have sincerely tried my very best to get to understand the mentality of the Indian people. If the Bill were dropped to-day the Himalayas would not totter on their base. There would be no revolution in India. For the first time in the 19 years I have been in that country, it is the universal opinion almost without exception, save possibly for a few Mohammedans, that they are content to carry on with the present Constitution rather than have something thrust upon them which is a great horror and in regard to which they do not know what will happen in the future. If this Amendment could be accepted it would send a thrill of satisfaction throughout the country, by the realisation that at last there is something being done to satisfy them and to let them have the determination of their future in their own hands. I wish that the Front Treasury Bench would consult some of us who do know a little of what is going on abroad, but there seems to exist a great abyssmal gulf in that short distance which separates these benches. It seems to me that they do not want to know what is going on. If the Government had sent out deputations from the Cabinet to consult with the people on the spot we should have arrived at a settlement, which perhaps although not perfectly satisfactory to everyone would have brought us closer together. We are face to face with a position in India that the policy of the people who are going to work Constitution will be one of obstruction and opposition and not of co-operation. Seventeen times in three weeks the Government were defeated.
I must ask the hon. Member to keep to the Amendment now before the House.
It is very easy to transgress over the line, but I have said what I wished. If a few words of mine can in any way influence the Secretary of State to adopt this Amendment, I shall not have spoken in vain.
8.13 p.m.
I only want to intervene for a moment or two to remind the House that when I had the honour some weeks ago to support a similar proposal in Committee, we were not so well informed as to what was the opinion of those who are likely to make up these various Legislatures in India. I would like to give three short quotations from the latest authoritative opinion from those bodies in India of which we have to take cognizance in this House. First of all, we have Mr. Jinnah, who leads an important section of the Moslems and who has thrown in his lot with Congress on two or three occasions since the Legislative Assembly met. He said:
That is very emphatic coming from a Moslem. Then we have the National Liberal Federation resolution of December, and I think I am right in saying that the right hon. Gentleman has been relying on them. They said that a Constitution based on the lines of the Joint Select Committee Report would be wholly unsatisfactory to all shades of Indian political opinion, and would intensify the present political discontent. I would ask the House to remember that the Federation representing, I suppose, this great central body of opinion in India on which the Joint Select Committee and the Secretary of State rely, again met as late as the 14th April this year and passed this unanimous resolution in regard to the Bill:"It would certainly not bring about good will between British India and the Indian States or between India and Great Britain."
Since you are passing your scheme on the basis that India is now ready to decide these great questions for itself, would it not be wise to take such opportunities as you have of allowing the Indian people to decide this issue now before you go any further towards setting up a Federal Government at the Centre? Here you have an opportunity. You have told us that India is ripe for these reforms and yet at the same time you deny Indians any voice on this question. You have the emphatic statements from which I have quoted. I would say to the Secretary of State that I know how difficult it is, when once you have been committed to a certain course, to draw back from it. Every one realises that, when the right hon. Gentleman first started on his gay career, he really thought he had the Indian people or some of them at any rate behind him. But as he has proceeded the pillars of his support have been crumbling until now it would appear as if the very foundations were gone. Before he denies the right to the Provinces of India to decide whether a Federal Government should be set up at the Centre—whi.ch really means the ending of the partnership between the Indians and the British.Raj—before he decides on that, will he tell me whether there is any single organised section of opinion among Indians who accept this Measure. Will he give me the name of just one body of Indians who are in favour of his —."If it is proceeded with in the teeth of British Indian opposition, it will further embitter relations between India and England."
I think the hon. and gallant Member is now getting rather wide of the Amendment.
I may have strayed a little from the path of order. We are discussing here the provision of an opportunity for the Provinces of India to decide this great question, involving the future fate of their country. Perhaps it was not proper for me to suggest that legislatures of the Provinces of India will be made up of the very men who have sworn not to work this Constitution. I ought not to say "sworn," but they have gone nearly as far.as that. They have said that this Constitution, if it is going to be worked at all, will only be worked because it is forced upon them. May I ask the right hon. Gentleman once more whether he does not think that this would be a good opportunity to do what we are asking him to do. I think my hon. Friend the Member for Hanley (Mr. Hales) is right. He has come back fresh from India, and I happen to know that he has been meeting every kind of person in India for months past. He tells us that all the people whom he met are against the scheme. He says that we should go to the people of India and say, "Very well, you seem to reject unanimously this great gift which we have offered to you. Why not put it up to the Provincial Legislatures to decide this question before we go any further."
It is a, reasonable request. Surely the right hon. Gentleman would like to call upon any aid he can get, and if he is right, then people in India will for the first time be able to say, "You are paying attention to our views." It is worth considering. If he thinks it is too great a change to make at this stage, his colleagues in another place can bring the matter forward. If the right hon. Gentleman declines to do so, I hope the hon. Lady will press this Amendment to a Division because it will put the matter to the test, and show whether or not the Government themselves believe that the people of India to-day are fit for these great reforms. If they deny the people of India the opportunity of saying that they want Federation, then it means that the Government are not really convinced that the people of India are thirsting for these reforms, and must not have "the cup dashed from their lips." Not only that, but it will show that the Government do not consider that India is yet ripe to decide these great issues for itself.8.20 p.m.
What has interested me in this Debate has been the attitude of the Labour party. A few hours ago when my hon. and gallant Friend the Member for Bournemouth (Sir H. Croft) proposed an Amendment with referenceinter alia to the trade of Lancashire, some of my Labour friends from Lancashire suggested that it was not democratic to impose upon India such conditions as were suggested. I could understand their attitude on that proposition but I fail to understand their attitude on this question. I listened carefully to the explanation of his attitude given by the hon. Member for Caerphilly (Mr. Morgan Jones.) He was of opinion that if this proposal were carried it would not affect the purpose which the hon. Lady has in mind. Be that as it may, it seems to me that the gist of these Amendments is to put in the hands of the Provincial legislative councils the power to decide whether they will have Federation or not. Nothing it seems to me could be more democratic than that proposal. Whether the method proposed is right or wrong, whether it would achieve the ultimate object or not, I think Members of the Labour party should at least show the hon. Lady the Member for the English Universities (Miss Rathbone) and the right hon. and gallant Gentleman the Member for Newcastle-under-Lyme (Colonel Wedgwood) that they are in sympathy with.
Division No. 213.]
| AYES.
| [8.25 p.m.
|
| Adams, Samuel Vyvyan T. (Leeds, W.) | Hamilton, Sir R. W. (Orkney & Zetl'nd) | O'Neill, Ht. Hon. Sir Hugh |
| Albery, Irving James | Hannon, Patrick Joseph Henry | Ormsby-Gore, Rt. Hon. William G. A. |
| Allen, Lt. -Col. J. Sandeman (B'k'nh'd) | Harvey, Major Sir Samuel (Totnes) | Patrick, Colin M |
| Aske, Sir Robert William | Heilgers, Captain F. F. A | Petherick, M |
| Beit Sir Alfred L. | Heneage, Lieut. -Colonel Arthur P. | Procter, Major Henry Adam |
| Birchall, Major Sir John Dearman | Hoare, Lt.-Col. Rt. Hon. Sir S. J. G | Pybus, Sir John |
| Bird, Sir Robert B. (Wolverh'pton W.) | Hudson, Capt. A. U. M. (Hackney, N.) | Ramsay, T. B. W. (Western Isles) |
| Bossom, A. C | Hume, Sir George Hopwood | Ramsbotham, Herwald |
| Bowyer, Capt. Sir George E. W | Hunter, Dr. Joseph (Dumfries) | Reed, Arthur C. (Exeter) |
| Braithwaite, J. G. (Hillsborough) | Hunter-Weston, Lt. -Gen. Sir Aylmer | Rhys, Hon. Charles Arthur U), |
| Brass, Captain Sir William | Hurst, Sir Gerald B. | Rickards, George William |
| Briscoe, Capt. Richard George | Inskip, Rt. Hon. Sir Thomas W. H | Robinson, John Roland |
| Brown Col. D. C. (Nth 'l' d., Hexham) | Jackson, Sir Henry (Wandsworth, C.) | Ropner, Colonel L. |
| Buchan Hepburn P. G. T. | Jackson, J. C. (Heywood & Radcliffe) | Ross Taylor, Walter (Woodbridge) |
| Burghley Lord' | James, Wing-Com. A. W. H | Russell, R. J. (Eddisbury) |
| Butler Richard Austen | Janner, Barnett | Rutherford, Sir John Hugo (Liverp'l) |
| Campbell Sir Edward Taswell(Brmly) | Jennings, Roland | Salt, Edward W |
| Caporn, Arthur Cecil | Joel, Dudley J. Barnato | Selley, Harry R |
| Chorlton, Alan Ernest Leofric | Ker, J. Campbell | Shaw, Captain William T. (Forfar) |
| Clarry, Reginald George | Kirkpatrick, William M | Simmonds, Oliver Edwin |
| Clayton, Sir Christopher | Lamb, Sir Joseph Quinton | Somervell, Sir Donald |
| Cochrane Commander Hon. A. D | Law, Sir Alfred | Somerville, D. G. (Willesden, East) |
| Colfox, Major William Philip | Law, Richard K. (Hull. S. W.) | Sotheron-Estcourt, Captain T. E |
| Conant R. J. E | Leighton, Major B. E. P | Southby, Commander Archibald R. J |
| Cooke Douglas | Lindsay, Kenneth (Kilmarnock) | Spencer. Captain Richard A |
| Crooke, J. Smedley | Lindsay, Noel Ker | Stewart, J. Henderson (Fife. E.) |
| Crookshank, Col. C. de Windt (Bootle) | Little, Graham-, Sir Ernest | Stones, James |
| Crossley, A. C | Llewellin, Major John J | Storey, Samuel |
| Davidson Rt. Hon. J. C. C | Lumley, Captain Lawrence R | Stourton. Hon. John J |
| Davies Maj. Geo. F (Somerset, Yeovil) | Mabane, William | Strauss. Edward A |
| Denman, Hon. R. D | McEwen, Captain J. H. F | Strickland, Captain W F |
| Dickie John P | McKie, John Hamilton | Sueter, Rear-Admiral Sir Murray F |
| Duncan, James A. L. (Kensington, N.) | McLean, Major Sir Alan | Sugden, Sir Willfrid Hart |
| Ellis Sir R Geoffrey | McLean, Dr. W. H. (Tradeston) | Train, John |
| Essenhigh Reginald Clare | Makins, Brigadier-General Ernest | Tryon, Rt. Hon. George Clement |
| Ganzoni, Sir John | Margesson, Capt. Rt. Hon. H. D. R | Tufnell, Lieut.-Commander R. L |
| George Megan A. Lloyd (Anglesea) | Martin, Thomas B | Turton, Robert Hugh |
| Gledhill. Gilbert | Mason, Col. Glyn K. (Croydon, N.) | Wallace, Captain D. E. (Hornsey) |
| Gluckstein, Louis Halle | Mayhew, Lieut.-Colonel John | Ward. Lt.-Col. Sir A. L. (Hull) |
| Goff, Sir Park | Mitchell, Harold P. (Br'tf'd & Chisw'k) | Wardlaw-Milne, Sir John S. |
| Gower, Sir Robert | Molson, A. Hugh Eisdale | Warrender, Sir Victor A. G |
| Grattan-Doyle, Sir Nicholas | Morris, Owen Temple (Cardiff, E.) | Withers, Sir John James |
| Grenfell, E. C. (City of London) | Morris-Jones, Dr. J. H. (Denbigh) | Worthington, Dr. John V. |
| Griffith, F. Kingsley (Middlesbro', W.) | Morrison, G. A. (Scottish Univer'ties) | |
| Gunston, Captain D. W | Nation, Brigadier-General J. J. H | TELLERS FOR THE AYES.— |
| Hamilton, Sir George (Illord) | Nicholson, Godfrey (Morpeth) | Mr. Blindell and Captain Hope. |
NOES.
| ||
| Actand-Troyte, Lieut-Colonel | Griffiths, George A. (Yorks. W. Riding) | Perkins, Walter R. D |
| Bailey, Eric Alfred George | Gritten, W. G. Howard | Raikes, Henry V. A. M |
| Banfield, John William | Groves, Thomas E | Reid, David D. (County Down) |
| Bracken, Brendan | Hales, Harold K | Renter, John R |
| Broadbent, Colonel John | Hall, George H. (Merthyr Tydvil) | Sanderson, Sir Frank Barnard |
| Burnett, John George | Jenkins, Sir William | Somerville, Annesley A. (Windsor) |
| Courtauld, Major John Sewell | John, William | Thorne, William James |
| Craddock, Sir Reginald Henry | Jones, Sir G. W. H. (Stoke New'gton) | Tinker, John Joseph |
| Croft, Brigadier-General Sir H | Lennox-Boyd, A. T | Todd, Lt.-Col. A. J. K. (B'wick-on-T.) |
| Daggar, George | Levy. Thomas | Wayland, Sir William A |
| Davies, Rhys John (Westhoughton) | Macdonald, Gordon (Ince) | Wells, Sydney Richard |
| Edwards, Charles | McEntee, Valentine L. | Williams, David (Swansea, East) |
| Erskine-Bolst, Capt. C. C. (Blackpool) | Macquisten, Frederick Alexander | Williams, Herbert G. (Croydon, S.) |
| Everard, W. Lindsay | Marsden, Commander Arthur | Williams, Dr. John H. (Llanelly) |
| Fleming, Edward Lascelles | Maxton, James | |
| Fuller, Captain A. S | Moreing, Adrian C. | TELLERS FOR THE NOES.— |
| Goodman, Colonel Albert W. | Oman, Sir Charles William C. | Miss Rathbone and Colonel Wedgwood. |
| Graham, D. M. (Lanark, Hamilton) | Parkinton, John Allen | |
what has been said about democratic methods.
But it cannot be unimportant whether the decision in the long run is to be a minority or a majority decision.
Question put, "That the word condition' stand part of the Bill."
The House divided: Ayes,134; Noes,50.
Clause 6(Accession Of Indian States)
8.30 p.m.
I beg to move, in page 3, line 22, to leave out from "he," to "with," in line 23, and to insert:
There are on the Order Paper a number of Amendments to Clause 6 in the name of my right hon. Friend the Secretary of State and a few to Clause 8, which are connected with them, although the latter are only indirectly connected with Clause 6. - The House has been furnished with a White Paper in which there is set out in a definite form to anybody who wants to follow these Amendments the Clause as it will be if the House accepts them. Perhaps it is desirable that I should show the House what Amendments are proposed to Clause 6, and I understand that you will allow me, Mr. Deputy-Speaker, to deal with them as a whole because it is only an accident that they are divided on the Order Paper by other Amendments. The main purpose of the redrafting of Clause 6—because that is what these Amendments amount to—is to meet certain objections taken by the States to the words which appear in Clause 6 referring to the acceptance by the Instrument of Accession of the Act. In order to meet the difficulty which the States felt if they accepted an Act of this Parliament as applicable to their States, it is proposed by the first Amendment to leave out the words to which they take objection, and to insert the words "accedes to the Federation as established under this Act." That Amendment will, without altering the substance of the matter one jot, meet the fears which they have felt. They are unnaturally reluctant to admit, although indeed it was never intended, that Parliament had any control over the government of their States. They also had a fear, which any layman perhaps will understand, of the unforeseen legal consequences of a form of words which perhaps they did not altogether appreciate. I think that the words which are now proposed to he inserted will meet that difficulty. The second Amendment will make it clear that the Federal powers which are to be exercisable are by virtue of the Instrument of Accession, "but subject always to the terms thereof and for the purposes only of the Federation." I will say a word in a moment about the Instrument of Accession and the true light in which it should be regarded. The third Amendment in page 3, line 40, and the fourth in page 4, line 13 make plain what are the scope and effect of an Instrument of Accession and to what extent, by means of the Instrument, limitations of Federal powers, both executive and legislative—for the two go together—can be varied by the ruler, assuming always that His Majesty has accepted the Instrument of Accession. The new sub-section (4) in this Amendment makes it plain that His Majesty is not bound to accept the Instrument of Accession. If it is deemed that the proposals seem to be, on the whole, inconsistent with the scheme of the Act His Majesty need not accept the Instrument of Accession. If it appears to him that the terms are inconsistent with the scheme of federation, His Majesty has no power to accept the Instrument of Accession. Then there is a proviso that after the establishment of Federation if an Instrument has once been accepted the validity of the Instrument is not to be called into question. The new subsection (5) is a redraft of a, sub-section which already appears in the Bill relating to the effect of Amendments to the Act made subsequent to accession. It is sufficient to remind the House that there are certain provisions in a Schedule which I may describe as protected provisions; that is to say any Amendment of a protected provision will give a State the right to reconsider its position, because the Instrument of Accession was made upon a certain basis and an amendment or an alteration of a protected provision has changed that basis. Sub-section (5) provides that it shall be a term of every Instrument of Accession that the provisions of the Act mentioned in the Second Schedule may be altered without affecting the accession of a State. There is one other proposal, to leave out sub-section (9.) That is a sub-section which refers specifically to the Federal. Legislative List. The omission of subsection (9) will mean that there is no reference to particular legislative lists, and it will make it theoretically possible for any ruler, either by his original Instrument or by his supplementary Instrument, to accept any matter as one with respect to which, with or without limitations, the Federal Legislature may make laws for his State. I do not pretend that it is easy, unless one follows very closely the provisions word for word as they stand in the Bill, and the provisions of the new Clause, to appreciate the exact scope of and the necessity for these Amendments. Perhaps the House will allow me to make one or two general observations which I think will tend to make the matter a little clearer. These Amendments are given to the States as clarifying the position as it was always intended to be. It was never intended by this Bill to suggest that this Parliament could impose a. new constitution on the States. They were, of course, outside the power of this Parliament, except in relation to Paramountcy, which is not in question at this moment. But undoubtedly the words which were used in the Bill were regarded by the States as giving rise to that view or justifying that view, and we have attempted to meet that point, without departing one iota from the principles of the Bill, by the words which we propose to insert. Perhaps I may point out, in reference to a suggestion that an Instrument of Accession is a bilateral instrument, that is to say is in the nature of a contract or bargain made between the States and His Majesty, that that is quite true in one sense. Before the Instrument of Accession can be treated as bringing a State in, it must be accepted by His Majesty, and in that sense the States' conception of an Instrument of Accession as a bilateral instrument is perfectly accurate; but the plain truth is, I suggest, that the Instrument, when accepted, will be the means by which the willingness of the State to accept a constitution embodied in the Act is expressed. It is necessary to remember the power the States have in the Instrument of Accession, as shown in this Clause, to exclude certain Federal powers as affecting their States. I referred to certain Amendments upon Clause- 8 which will be reached in due course. At the moment I must do no more than mention them. They touch the point that with legislative powers go the corresponding administrative powers, and, subject to that explanation, they will be found to be really drafting Amendments. There is only this last word I want to say. The House will realise that there is no idea of the States, by their Instruments of Accession and their right to except certain Federal powers as applied to them, having the right to modify the Bill, that is to say accept a different Bill from that which Parliament passes. I have desired to make it perfectly plain that the States will not be able to modify any provisions in the Bill except in relation to specified matters. For instance, in Clause 134 there is a power to contract out of the arrangements with regard to their several States dealing with inter ference with water supplies. That is expressly provided in the Bill; but apart from some express provisions in the Bill empowering them to modify or except parts of the Bill they must accept the Bill as it is. The Bill will provide the constitution, and the Instrument of Accession is to except certain items in the Legislative Lists as referring to their States, and, as I said, the intention is to give full power to require the Crown to reject an Instrument of Accession which seems to go so far as to make it inconsistent with the provisions of the Bill. I hope that with the assistance which the House can derive from the Clause, as set out in full in the White Paper, that it will be content to accept these various Amendments."accedes to the Federation as established under this Act."
8.45 p.m.
We have opposed this Clause at an earlier stage on the ground that it gives everything to the States and is far too unilateral. As far as I can gather on studying these Amendments, the position of the States will be strengthenedbythem. A State will adhere to the Federation on accepting certain of the subject matters of Federal legislation. A State might by agreement accept certain matters; there is now provision that a Ruler can by a supplementary instrument, vary the Instrument of Accession, and there is a proviso that once an Instrument has been accepted by His Majesty —.
The Ruler can only vary it by a supplementary Instrument to extend the functions. He cannot diminish them.
I agree. The words of the proposed Proviso to Sub-section (4) are:
On that side you have the accession of the States. On this side you have a very long list of exceptions that are set out in the Second Schedule, from which I understand that if there is any variation in the terms of the Bill a State can immediately declare that the terms have been varied and can come out of the Federation. Taking the Clause as a whole, the effect is to give the States a very privileged position, and the Amendments are all on the side of strengthening the position of the States. We shall therefore vote against the Amendments."Provided that after the establishment of the Federation, if any Instrument has in fact been accepted by His Majesty, the validity of that Instrument or of any of its provisions shall not be called in question and the provisions of this Act shall, in relation to the State, have effect subject to the provisions of the Instrument."
8.48 p.m.
Can the Attorney-General give any indication to the House whether this new and important series of Amendments meet the views of the Princes and whether there has been any opportunity of ascertaining that that is so? It is very important that we should know that, and it will help us in our further discussions if we can be informed that the Chamber of Princes have reversed their unanimous vote of some weeks ago. Can the Attorney-General give us any information on that subject?
8.49 p.m.
I must not be taken as accepting the statement made by the hon. and gallant Member that there was a unanimous vote of the Chamber of Princes some time ago rejecting the Bill. There were certain communications, which expressed the views of the States who were represented at that Conference in regard to a number of points on which they desired amendments to be made and as to which they desired reconsideration by His Majesty's Government. The only question which I am now concerned to answer is, What reason have His Majesty's Government to believe that the States accept the general structure of the Bill, or at any rate Clause 6, if amended in the various ways which I have proposed?
We have not, of course, obtained, nor could we obtain, the direct views of the States as a whole on the Amendments now before the House. On the other hand, the advisers of my right hon. Friend and those who are assisting him, have been able to discuss these Amendments with counsel who were briefed to represent the views of a large body of the States represented at the Conference to which my hon. and gallant Friend has referred. My right hon. Friend has always taken the view, which I respectfully share, that the matters outstanding are largely ones—I will not say of misunderstanding—of slight difference of point of view, and that they can be adjusted without any radical change in the main structure of the Bill. The discussions which have taken place have thoroughly justified that view. The Amendments which I have proposed this evening are the practical outcome of an extensive and careful examination, with the Princes' counsel, of their suggestions on the Clauses and the Schedules as they stand. The hon. and gallant Member will remember that the States, in their communication to the Secretary of State or to the Government and the Viceroy, set out item by item both the more important and the less important points which they desired should be reconsidered. Those items point by point have been most carefully examined. I want to make it plain that the counsel who represented the interests of the States were in no way plenipotentiaries authorised to commit the States to agree to any Amendment with the advisers of my right hon. Friend, nor do I wish to suggest that every single point —this subject will come before us again later, but some of the most important points arise on Clause 6—has been met in precisely the way which the Princes desired and to the extent to which they might have desired, but I can go so far as to say that upon these, which I have described as the more important, points, counsel were of opinion that the Amendments which were proposed could be submitted to the Princes, their clients, as a reasonable solution of the difficulties which appeared to them to arise under the original provisions of the Bill. This impression is confirmed by all the information which has been received from India while these discussions have been going on and, indeed, since the conclusions were reached which have enabled me to move these Amendments.
I gather from what the Attorney-General has said that the Government are hopeful that these Amendments will meet the views of the Princes and that, in fact, the Chamber of Princes have not again met.
I can unhesitatingly say that my right hon. Friend and the Government are more than hopeful, they are confident, that these Amendments and the others to which we shall come will, without altering the structure and the scheme of the Bill, meet the doubts and the views of the Princes. It would certainly be impossible, until the Bill were passed and the Princes could see it as a whole, to expect them to express a final decision as to their willingness to accede to the Bill. I am sure that my hon. and gallant Friend is too reasonable and too levelheaded to think that they could, in advance, pledge themselves to something which naturally they will desire to see as a completed whole. Judging from the conversations which have taken place—no doubt counsel who have been carrying on the negotiations for the Princes have been in communication with their clients —I am confident that the Amendments which I propose to the Clause and which my right hon. Friend will propose to later Clauses, will meet the doubts and allay the fears which were expressed in the document to which I have alluded.
8.54 p.m.
We have arrived at this point: Looking back at the letter which was sent by the representatives of the leading Princes to the Viceroy on 27th February, in which they state:
"Without satisfactory modifications and alterations with regard to fundamental points, the provisions of the Constitution Bill and Instruments of Accession cannot be accepted by the Indian States"
Division No. 214.]
| AYES.
| [8.58 p.m.
|
| Attlee, Clement Richard | Edwards, Charles | McEntee, Valentine L. |
| Bailey, Eric Alfred George | Greenwood, Rt. Hon. Arthur | Maxton, James |
| Banfield, John William | Grenfell, David Rees (Glamorgan) | Parkinson, John Allen |
| Batey, Joseph | Griffiths, George A. (Yorks. W. Riding) | Rathbone, Eleanor |
| Bevan, Aneurin (Ebbw Vale) | Hall, George H. (Merthyr Tydvil) | Thorne, William James |
| Brown, C. W. E. (Notts., Mansfield) | Jenkins, Sir William | Tinker, John Joseph |
| Cove, William G | Jones, Morgan (Caerphllly) | Williams, David (Swansea, East) |
| Cripps, Sir Stafford | Lansbury, Rt. Hon. George | Williams, Thomas (York, Don Valley) |
| Daggar, George | Lawson, John James | |
| Davies, David L. (Pontypridd) | Leonard, William | TELLERS FOR THE AYES.— |
| Davies, Rhys John (Westhoughton) | Logan, David Gilbert | Mr. John and Mr. D. Graham. |
| Dobbie, William | Macdonald, Gordon (Ince) |
the Attorney-General is satisfied, in view of the consultations which have been going on between the representatives of the Government and the Princes, that those fundamental points are now being met by the series of Amendments to the Bill that are now proposed by the Secretary of State. The matter is at present in the hands of counsel, but of course the Princes cannot be said to, have agreed until they have met and formally given their verdict. The Amendment deals with the Instrument of Accession and, of course, each Prince has in reserve his power with regard to the Instrument of Accession, or rather, he has a double power—he can propose a modification in the Instrument of Accession which from his point of view would safeguard him to a certain extent, or, of course, he can refuse to accede. Can the Attorney-General tell us whether there is a prospect of uniformity in the Instruments of Accession, for, unless that uniformity is obtained, the position of the Federal Legislature in dealing with the States will be of a most peculiar character? I suppose that that question has not been dealt with between the representatives so far.
Amendment agreed to.
I beg to move, in page 3, line 28, to leave out from "shall," to the end of line 34, and insert:
"by virtue of his Instrument of Accession, but subject always to the terms thereof, and for the purposes only of the Federation, exercise in relation to his State such functions as may be vested in them by or under this Act."
Question put, "That the words proposed to be left out stand part of the Bill".
The House divided:Ayes,32;Noes,174.
NOES
| ||
| Acland-Troyte, Lieut.-Colonel | Hales, Harold K. | Patrick, Colin M. |
| Adams, Samuel Vyvyan T, (Leeds, W.) | Hamilton, Sir George (Ilford) | Peake, Osbert |
| Allen, Lt.-Col. J. Sandeman (B'k'nh'd) | Hamilton, Sir R. W. (Orkney & Zetl'nd) | Perkins, Walter R. D |
| Allen, Lt. -Col. Sir William (Armagh) | Hannon, Patrick Joseph Henry | Petherick, M |
| Aske, Sir Robert William | Harvey, Major Sir Samuel (Totnes) | Pike, Cecil F |
| Beaumont, Hon. R. E. B. (Portsm'th. C.) | Heilgers, Captain F. F. A | Procter, Major Henry Adam |
| Beit, Sir Alfred L. | Heneage. Lieut. Colonel Arthur P | Pybus, Sir John |
| Bennett, Capt. Sir Ernest Nathaniel | Hoare, Lt. Col. Rt. Hon. Sir S. J. G | Raikes, Henry V. A. M |
| Birchall, Major Sir John Dearman | Howitt, Or. Alfred B. | Ramsay, T. B. W. (Western Isles) |
| Blinded, James | Hudson, Capt. A. U. M. (Hackney, N.) | Ramsbotham, Herwald |
| Bossom, A. C. | Hume, Sir George Hopwood | Reed, Arthur C. (Exeter) |
| Bowyer, Capt. Sir George E. W. | Hunter, Dr. Joseph (Dumfries) | Reid, David D. (County Down) |
| Bracken, Brendan | Hunter-Weston, Lt.-Gen. Sir Aylmer | Remer, John R. |
| Braithwaite, J. G. (Hillsborough) | Hurst, Sir Gerald B. | Rhys, Hon. Charles Arthur U. |
| Brass, Captain Sir William | Inskip, Rt. Hon. Sir Thomas W. H | Rickards, George William |
| Briscoe, Capt. Richard George J | Jackson, Sir Henry (Wandsworth, C.) | Robinson, John Roland |
| Broadbent, Colonel John | Jackson, J. C. (Heywood & Radcliffe) | Ropner, Colonel L. |
| Brown, Col. D. c. (N'th'l'd., Hexham) | James, Wing-Com. A. W. H | Ross Taylor, Walter (Woodbridge) |
| Brown, Brig.-Gen. H. C. (Berks., Newb'y) | Janner, Barnett | Russell, R. J. (Eddisbury) |
| Buchan-Hepburn, P. G. T | Jennings, Roland | Rutherford, Sir John Hugo (Liverp'l) |
| Burghley, Lord | Joel, Dudley J. Barnato | Salt, Edward W |
| Burnett, John George | Jones, Sir G. W. H. (Stoke New'gton) | Sanderson, Sir Frank Barnard |
| Butler, Richard Austen | Ker, J. Campbell | Selley, Harry R |
| Campbell, Sir Edward Taswell (Brmly) | Kirkpatrick. William M | Shaw, Captain William T. (Forfar) |
| Caporn, Arthur Cecil | Lamb, Sir Joseph Quinton | Simmonds, Oliver Edwin |
| Chorlton, Alan Ernest Leofric | Law, Sir Alfred | Somervell, Sir Donald |
| Clarry, Reginald George | Law, Richard K. (Hull, S. W.) | Somerville, Annesley A. (Windsor) |
| Clayton, Sir Christopher | Leighton, Major B. E. P | Somerville, D. G. (Willesden, East) |
| Cochrane, Commander Hon. A. D | Lennox-Boyd, A. T | Sotheron-Estcourt, Captain T. E |
| Colfox, Major William Philip | Levy, Thomas | Spencer, Captain Richard A |
| Conant, R. J. E | Lindsay, Noel Ker | Stewart, J. Henderson (Fife, E.) |
| Cooke, Douglas | Little, Graham-, Sir Ernest | Stones, James |
| Courtauld, Major John Sewell | Llewellin, Major John J | Storey, Samuel |
| Craddock, Sir Reginald Henry | Lovat-Fraser, James Alexander | Stourton, Hon. John J |
| Croft. Brigadier-General Sir H | Lumley, Captain Lawrence R. | Strauss, Edward A |
| Crooke, J. Smedley | Mabane, William | Strickland, Captain W. F |
| Crookshank, Col. C. de Windt (Bootle) | McEwen, Captain J. H. F | Sueter, Rear-Admiral Sir Murray F |
| Crossley, A. C | McLean, Major Sir Alan | Sugden, Sir Wilfrid Hart |
| Culverwell, Cyril Tom | McLean. Dr. W. H. (Tradeston) | Sutclifle. Harold |
| Davies, Maj. Geo. F. (Somerset, Yeovil) | Macquisten, Frederick Alexander | Tate, Mavis Constance |
| Denman, Hon. R. D | Makins, Brigadier-General Ernest | Thomas. James P. L. (Hereford) |
| Dickie, John P | Mallalieu, Edward Lancelot | Todd, Lt.-Col. A. J. K. (B'wick-on-T.) |
| Duncan, James A. L. (Kensington, N.) | Margesson, Capt. Rt. Hon. H. D. R | Train. John |
| Ellis, Sir R. Geoffrey | Marsden, Commander Arthur | Tryon, Rt. Hon. George Clement |
| Erskine-Bolst, Capt. C. C. (Blk'pool) | Martin, Thomas B | Tufnell, Lieut.-Commander R. L |
| Essenhigh, Reginald Clare | Mason, Col. Glyn K. (Croydon, N.) | Turton, Robert Hugh |
| Everard, W. Lindsay | Mayhew, Lieut.-Colonel John | Wallace, Captain D. E. (Hornsey) |
| Fleming, Edward Lascelles | Mitchell, Harold P. (Br'tf'd & Chisw'k) | Ward, Lt. -Col. Sir A. L. (Hull) |
| Fuller, Captain A. G | Molson, A. Hugh Eisdale | Ward. Irene Mary Bewick (Wallsend) |
| Ganzoni, Sir John | Moreing, Adrian C. | Wardlaw-Milne, Sir John S |
| Gledhill, Gilbert | Morris, Owen Temple (Cardiff, E.) | Warrender, Sir Victor A. G |
| Gluckstein, Louis Halle | Morris-Jones. Dr. J. H. (Denbigh) | Wayland, Sir William A |
| Goff, Sir Park | Morrison, G. A. (Scottish Univer'ties) | Wells, Sydney Richard |
| Goodman, Colonel Albert W. | Munro, Patrick | Williams, Herbert G. (Croydon, S.) |
| Gower, Sir Robert | Nation, Brigadier-General J. J. H | Withers, Sir John James |
| Grattan-Doyle, Sir Nicholas | Nicholson, Godfrey (Morpeth) | Worthington, Dr. John V. |
| Grenfell, E. C. (City of London) | Oman, Sir Charles William C. | |
| Griffith, F. Klngsley (Mlddlesbro'. W.) | O'Neill, Rt. Hen. Sir Hugh | TELLERS FOR THE NOES.— |
| Gunston, Captain D. W. | Ormsby-Gore, Rt. Hon. William G. A | Commander Southby and Captain Hope. |
Question, "That those words be there inserted in the Bill," put, and agreed to.
Further Amendments made.
In page 3, line 40, leave out from "may," to "be," in page 4, line 7.
In page 4, line 13, leave out Sub-section (3), and insert.
"(2) An Instrument of Accession shall specify the matters which the Ruler accepts as matters with respect to which the Federal Legislature may make laws for his State, and the limitations, if any, to which the power of the Federal Legislature to make laws for his State, and the exercise of the executive authority of the Federation in his State, are respectively to be subject
(3)A Ruler may, by a supplementary Instrument executed -by him and accepted by His Majesty, vary the Instrument of Accession of his State by extending the functions which by virtue of that Instrument are exercisable by His Majesty or any Federal Authority in relation to his State.
(4)Nothing in this Section shall be construed as requiring His Majesty to accept any Instrument of Accession or supplementary Instrument unless he considers it proper so to do, or as empowering His Majesty to accept any such Instrument if it appears to him that the terms thereof are inconsistent with the scheme of Federation embodied in this Act:
Provided that after the establishment of the Federation, if any Instrument has in fact been accepted by His Majesty, the validity of that Instrument or of any of its provisions shall not be called in question and the provisions of this Act shall, in relation to the State, have effect subject to the provisions of the Instrument.
(5) It shall be a term of every Instrument of Accession that the provisions of this Act mentioned in the Second Schedule thereto may, without affecting the accession of the State, be amended by or by authority of Parliament, but no such amendment shall, unless it is accepted by -the Ruler in a supplementary Instrument, be construed as extending the functions which by virtue of the Instrument are exercisable by His Majesty or any Federal authority in relation to the State."
In line 28, leave out Sub-section (5.)
In page 5, line 12, leave out Sub-section (9.) [ S. Hoare.]
Clause 8—(Extent Of Executive Authority Of The Federation)
I beg to move, in page 6, line 10, to leave out "in India," and to insert "borne on the Indian establishment."
This is a drafting Amendment similar to several Amendments with which we have already dealt.Amendment agreed to.
9.6 p.m.
I beg to move, in page 6, line 19, after "Legislature," to insert "alone."
This Amendment does not raise any great point round which passion is centred, but only involves an appeal to reason, though I am not for a moment suggesting that on that account it is likely to be accepted by the Government. It deals with the question of the Concurrent List. Clause 8 says"Provided that
(i) the said authority does not, save as expressly provided in this Act, extend in any Province to matters with respect to which the Provincial Legislature has power to make laws."
We propose that
"the Provincial Legislature alone has power to make laws."
So that it would extend to where the Provincial Legislature have a concurrent power of legislation with the Federal Legislature. That is our proposal. The Government propose that the executive can interfere where the Provincial Legislature only makes the law. We propose only to allow interference with the Concurrent List and not with the Provincial List. The real difficulty is that the matter raises a question of substance. You have these three lists. One of them is the Concurrent List with regard to which both the Provincial Legislature and the Federal Legislature have the power to legislate. We are trying in our Amendment, as far as we can, to obviate the danger of division in case of a conflict, because it seems to us that under the Bill as it now stands innumerable instances are going to arise where the Federal Legislature makes one law and the Provincial Legislature makes another law. If you have the executive authority of the Federation taking one view of what the law is in a Province, and the Provincial authority taking another view, you will have confusion, and it is in order to minimise the confusion in the executive sphere and to try to save what we can out of the wreckage—[H ON. MEMBERS "Hear, hear !"] I am glad that hon. Members opposte realise that all is not right in the State of Denmark in connection with the Bill, and perhaps we shall have their co-operation in this matter. In order to try to help the Government to help themselves—because we are really their friends, if in disguise sometimes—we want to put them right on the executive question
The whole effect of this legislation is too horrible to contemplate, and if India has to suffer, it will not be upon our consciences, but upon theirs. We cannot do anything now, and India will have to get out of it the best she can. But on this matter something can be done, and I appeal to reason and hope that for once in a waythe appeal will not fall upon ears completely deafened by prejudice. Having explained this matter withoub any irrelevancies, and speaking as a still small voice, I beg of my right hon. Friend to try to clear up this horrible muddle on the executive side and, at any rate, leave the Bill a little better than it was before. If he does that, while he will not deserve the gratitude of the House, at any rate the contempt of future generations will not be quite as severe as it may otherwise be.
There being no seconder, the Amendment lapses
Amendment made: In page 6, line 21, leave out "by virtue of this Section," and insert, "save as expressly provided in this Act."— [ The Solicitor-General.]
I beg to move, in page 6, line 25, to leave out from "laws," to the end of line 32, and to insert:
This and the following Amendment are consequential upon the Amendments which were explained by my right hon. Friend."for that State, and the exercise thereof in each State shall he subject to such limitations, if any, as may be specified in the Instrument of Accession of the State."
Amendment agreed to.
I beg to move, in page 6, line 43, at the end, to insert:
"(2) The executive authority of the Ruler of a Federated State ehall, notwithstanding anything in this Section, continue to be exercisable in that State with respect to matters with respect to which the Federal Legislature has power to make laws for that State except in so far as the executive authority of the Federation becomes exercisable in the State to the exclusion of the executive authority of the Ruler by virtue of a Federal law."
9.13 p.m.
Will the representative of the Government explain this Amendment, as we should like some information. It appears to make no real difference to the provisions of the Bill as it stands. As far as we can gather, when the Ruler of a State has accepted, by the Instrument of Accession, the limitations imposed by the Federation with regard to certain subjects, he cannot in any case resume his executive authority. I do not know whether the Solicitor-General can explain the Amendment to us, but there is a difficulty, and he will no doubt appreciate the true meaning of it.
I will gladly explain the position. It has been touched upon by my right hon. Friend, but I agree, like all these points, it does not perhaps leap to the eye when one reads the language which the draftsmen have embodied. As the House is aware, the executive authority of the Federation depends upon the items in the legislative list. Some apprehension was felt that the State, by acceding in respect to a published subject, it might entitle the Federal Executive authority to start interfering in the State, although no Federal law had been passed dealing with that subject. It was never intended that that should be the result, and indeed it is necessary that the executive authority of the State should continue to function in order to deal with the matter. My hon. Friend is quite right. I do not think it makes any real difference in the Bill, but it was a point about which there might have been doubt and this Amendment is intended to make it clear that the executive authority has no power until a law is passed entitling it to deal with it.
Amendment agreed to.
Clause 12—(Special Responsibilities Of Governor-General)
9.16 p.m.
I beg to move in page 8, line 14, after "have" to insert:
As Clause 12 (1) reads at present it provides that:"both in relation to legislation and administration."
The words which I propose should he inserted would make it clear that those responsibilities are not confined merely to the legislative field, but extend to the administrative field. It is generallyagreed—it was often mentioned before the Joint Select Committee, and I think would be accepted by everybody—that while in the legislative field discrimination would not escape notice, because the wording of the Bill will have to be considered and if there is discrimination the Government will consider whether it should or should not use its special responsibilities, in the case of a great number of special responsibilities there is much more likely to be discrimination in administration. And in the case of administration it does not so easily come to light. It may occur at many points throughout the Province. There is the more reason for inserting these words because in paragraph (e) one thing is specially singled out, namely,"In the exercise of his functions the Governor-General shall have the following special responsibilities."
Unless you have the word "administration" in the governing Sub-section of the Clause, that is in Clause 12 (1), it might very well be urged that as the word "legislation" was used in paragraph (e) therefore in the absence of the word "administration" in Sub-section (1) the Sub-section did not cover administration. I venture to think that this Amendment really clarifies what is intended, and it is not an Amendment to which any hon. Member can take serious exception. I therefore hope that the Government will accept it."the securing in the sphere of executive action of the purposes which the provisions of Chapter III of Part V of this Act are designed to secure in relation to legislation."
9.19 p.m.
I beg to second the Amendment.
In doing so, I would like to point out that, although it is not specifically stated, it is undoubtedly intended that the words proposed by the hon. Member who has moved the Amendment should apply in this case. As the Clause is drafted, however, anyone reading it cursorily might take the safeguards to apply only to legislation. If you look at Clause 108, you will see that that specifically deals with restriction of legislative powers and paragraph (e) of Clause 12, which was referred to by the hon. Member who moved the Amendment, deals only with legislation. I am sure that it is not the intention of my right hon. Friend to limit the safeguards merely to legislative questions, because I think it is generally understood that there is just as much, if not more, danger on the administrative side than on the legislative side. It is for that reason, and for that reason only, that we ask that these specific words should he inserted, so that it should be made abundantly clear that it is intended to safeguard all the interests set out in every possible way, and so that it should not be left merely as the implied intention of the Bill. If these words are not inserted the Clause might easily be construed to mean that the safeguards were only intended with regard to ltgislation. My experience is that when any question of interpretation with regard to any Statute comes before a court anyone who attempts to put before the court a statement as to what were the intentions *of Parliament receives the reply that if Parliament bad intended a certain thing it would have been a very simple matter for Parliament to have said so explicity. That is the only reason why I second the Amendment, in order that it should be made explicit that these safeguards—and mind you, Clause 12 (1, f) is the only paragraph really in the whole of the Bill on which we from Lancashire can rely for any safeguard whatever—apply not only to legislation but to administration.9.24 p.m.
I can assure my hon. Friends that the Amendment is quite unnecessary. The position is covered completely under Clause 12 so far as administration is concerned, and it is covered under a number of other Clauses as far as legislation is concerned. My hon. Friend's Amendment, he can take it from me, is unnecessary and indeed if it were passed it might even confuse the issue and make it less clear what was intended. The special responsibilities cover both fields, administrative and legislative.
Amendment negatived.
9.25 p.m.
I beg to move, in page 8, line 31, after "action," to insert:
I do not think I need give any more explanation of why we think these words should be put in under the special responsibility of the Governor-General. It occurred to us-and this matter was touched on in Committee—that after "action" these words should be added, and that they should cover economic action, or boycotting. So far as we see it they are not covered elsewhere in the Bill."whether of an official character or otherwise, and including intimidation and economic boycotting."
I beg to second the Amendment.
9.26 p.m.
I must advise the House not to accept these words. They are very difficult to understand, and I think they would be even more difficult to apply. I am not sure myself what my hon. and gallant Friend means by "whether of an official character or otherwise." If officials or the Ministers were involved in any action of this kind, it would be quite open to the Governor-General or the Governor to take action, and these words are unnecessary. Nor do I know what is meant by the words "and economic boycotting." Does the hon. and gallant Gentleman mean that the Governor-General is to have the special responsibility for stopping any economic movement of that kind? I think it would be very difficult to apply a requirement of that kind. I would strongly advise the House to keep the words as they are, and not to involve us in the addition of words which are very difficult to understand and which would be I believe almost impossible to apply.
Amendment negatived.
9.28 p.m.
I beg to move, in page 8, line 36, at the end, to insert:
This Amendment proposes to insert at the end of paragraph (g) of Clause 12, which deals with the protection of the rights of the Indian States the words "and the rights and dignity of the Ruler thereof." It may really have been doubtful whether the words as they originally were in the Bill, the words "any Indian State" included the rights and the dignities, as they are at present understood, of the Rulers. It is our intention that this special responsibilty should cover both those matters. The position of the Princes as it has grown up under our rule in British India and our relations with the Princes are matters which we think should be placed within the scope of this special responsibility. There are certain rights and privileges which the Rulers have connected with guards, salutes, and so on which it is intended should be subject to this special safeguard. The whole matter has grown up out of the relationships of the States and their independent Rulers and the Crown and these rights and privileges which the Crown has granted in the past should be within the scope of this special responsibility. As the original drafting might have been thought to draw some distinction between the State and its Ruler, the States have suggested that ambiguity might exist, and my right hon. Friend proposes to insert these words to make it clear that the special responsibility covers those matters."and the rights and dignity of the Ruler thereof; and."
9.30 p.m.
I should like to know exactly how far this extends. Does this responsibility mean that the Governor-General is to see that the rights and dignities of the Ruler are upheld in respect of the subjects of the State, and does it mean that we are to have some kind of lese-majesty in India'? I confess I do not like this very much. One of the privileges we in this country have always had is to grumble against our rulers, and against all our rulers. Our papers have always been making fun of dignitaries. Are the Princes all going to be hedged about with some sanctity as if they are all kings? I should like to know what this means for I think it is very dangerous. I can understand the reference to the rights of Indian States, but I cannot understand it when you extend it to the rights and dignities of the Rulers. Some of the Rulers have no dignity, and ought not to be protected.
9.31 p.m.
I take a view contrary to that expressed by the hon. Gentleman and I think it essential that some such words should be brought in. I think that the hon. Gentleman, when he objects to these words in connection with the Indian Princes, must for the moment have forgotten what were the words of the original pledge given by Quen Victoria which referred to "privileges, rights and dignities." I notice that the Solicitor-General used the word "privileges" in his speech, and I was rather wondering why the third word had not been put in here, and whether it was omitted by accident. Surely the answer to the hon. Gentleman is that if there is one solemn and unconditional pledge which has been given to India by the Sovereign or the Government of this country it is that we are to maintain these privileges, rights and dignities for all time. I imagine that when the hon. Gentleman remembers that he will not dispute the desirability of the words being in.
9.32 p.m.
I think it was always assumed in the discussions we have had in recent years that dignities would be included in the phrase "rights of the States." There really is nothing new in this proposal nor is it altering the present state of affairs. The kind of dignities we have in mind are such as these: the exemption of Princes from arrest in a civil suit under the Civil Procedure Code. This is a privilege that has always been possessed by the Princes in India and which has always been accepted, so far as I know, by everybody. Then again the Customs privileges exist. There are also the privileges which the Princes have of having their guards and escorts. Privileges of that kind have always existed, and so far as I know no substantial criticism has ever been made against them. And these privileges have always ben assumed to be comprehended in the term "rights of the States." I hope that with that explanation the House will accept the Amendment.
Amendment agreed to.
Clause 13—(Provisions As To Instrument Of Instructions)
9.35 p.m.
I beg to move, in page 9, to leave out lines 10 to 13.
We object to this attempt to fetter the possibility of a development of the constitution by curtailing any opportunity of using the Instrument of Instructions as a way of giving increased self-government. In the British Empire, historically, the Instrument of Instructions has been one of the weapons by which constitutional advance has been obtained. This is a novel proposition to introduce for the first time that any alteration and changes in the Instrument of Instructions should be subject to an Address by both Houses of Parliament. The object of the whole thing is to see that another place shall be able to curb any Government which wishes to move forward in the way of self-government by the use of the Instrument of Instructions. That is the purpose. If there had been such a provision in the past constitutional advance would have been delayed for years. In effect the Clause gives a special veto in advance and tells against any administration which wants to go ahead in India. It will not affect any government which wants to be reactionary. It is quite obvious what the purpose of the Clause is.9.37 p.m.
We discussed this question in the earlier stages and I made it clear that in proposing this procedure we were not thinking of the safeguard of the other House but of the great importance of the Instrument of Instructions. We are making use of the Instruments of Instructions as the medium of directions, very wide in character, and it seemed inevitable that there should be Parliamentary sanction behind them. Indeed, Parliamentary sanction was demanded just as much by Indians themselves as by Members of this House or another place. I cannot conceive that the minority communities would be prepared to allow the Instrument of Instructions, under which directions are given to the Governor-General and Governors as to their treatment of minorities, to be altered without Parliamentary sanction. I hope that the House will maintain the position which has been accepted in the past—namely, that behind a document so important as this there must be Parliamentary sanction.
9.38 p.m.
I am sorry that the Secretary of State has not been able to give a more favourable answer. I accept from him that the intention is what he has indicated it to be; that there is no desire to use the other place in any undesirable sense. But we cannot get over the facts which confront us. Everyone knows that the other House is a House whose political constitution and complexion is different from the complexion of the House of Commons when the Government is Labour in character, and, consequently, if a Labour Government wanted to modify or extend or amend the Instrument of Instructions in any way whatever the Clause gives the Conservative party a permanent veto and opposition to a Labour Government. I am putting it quite bluntly because we cannot bluff each other in this House. We know exactly what happens. The present Conservative majority is using this Bill as a means for placing a permanent impediment against a subsequent Labour Government. The Instrument of Instructions is rapidly becoming the Instrument of Obstruction to a Labour Government. It is not just to any future Government which should be as free as the present Government to register advance according to the needs of the times. It is unfair to hamstring a future Government to suit the political convenience of the Government of the day.
9.40 p.m.
The hon. Member has just made a most extraordinary speech. This question was discussed for many hours before the Joint Select Committee. Many witnesses spoke on the question of the Instrument of Instructions and vast numbers of questions were asked by Members of all parties. Everyone agreed how important it was that the Instrument of Instructions should be carefully drafted and framed. What does the hon. Member want to do? He tells us that he wants to make it impossible for another place to obstruct the Government of which he may be a Member from drafting the kind of Instrument of Instructions he wants to draft. That is not the Amendment. Let me read it. It is to leave out the words: "and no further proceedings shall be taken in relation thereto except in pursuance of an address presented to His Majesty by both Houses of Parliament praying that the Instrument may be issued."
The speech he made was directed to a Motion to leave out "both Houses of Parliament" in order to insert the "Commons House of Parliament." I could understand that. To say that the responsibility for the Instrument of Instructions should lie with the elected representatives of the people would be intelligible but to say that the hon. and
Division No. 215.]
| AYES.
| [9.45 p.m.
|
| Acland-Troyte, Lieut. Colonel | Courtauld, Major John Sewell | Hope, Capt. Hon. A. O. J. (Alton) |
| Adams, Samuel Vyvyan T. (Leeds, W.) | Croft, Brigadier-General Sir H | Horsbrugh, Florence |
| Agnew, Lieut. Com. P. G | Crooks, J. Smedley | Howitt, Dr. Alfred B. |
| Allen, Lt. Cot. J. Sandeman (B'k'nh'd) | Crookshank, Col. C. de Windt(Bootle) | Hudson, Capt. A. U. M. (Hackney, N.) |
| Aske, Sir Robert William | Crossley, A. C | Hume, Sir George Hopwood |
| Bailey, Eric Alfred George | Culverwell, Cyril Tom | Hunter, Or. Joseph (Dumfries) |
| Beaumont, Hn. R. E. B. (Portsm'th, C.) | Davidson, Rt. Hon. J. C. C | Hunter Weston, Lt. Gen. Sir Aylmer |
| Beit, Sir Alfred L. | Davies, Maj. Geo. F. (Somerset, Yeovil) | Hurst, Sir Gerald B. |
| Bennett, Capt. sir Ernest Nathaniel | Denman, Hon. R. D | Inskip, Rt. Hon. sir Thomas W. M |
| Birchall, Major Sir John Dearman | Dickie, John P | Jackson, Sir Henry (Wandsworth, C.) |
| Blindell, James | Duncan, James A. L. (Kensington. N.) | Jackson J. C. (Heywood & Radcliffe) |
| Hossom. A. C | Ellis, Sir R. Geoffrey | James, Wing Com. A. W. H, |
| Bracken, Brendan | Erskine-Bolst, Capt. C. C. (Blackpool) | Jamieson, Douglas |
| Braithwaite, J. G. (Hillsborough) | Essenhigh, Reginald Clare | Janner, Barnett |
| Brass, Captain Sir William | Everard, W. Lindsay | Joel, Dudley J. Barnoto |
| Briscoe, Capt. Richard George | Fleming, Edward Lascelles | Ker, J. Campbell |
| Broadbent, Colonel John | Fuller, Captain A. G. | Kirkpatrick, William M. |
| Brown, Col. D. C. (N'th''d., Hexham) | Ganzoni, Sir John | Knox, Sir Alfred |
| Brown, Brig. Gen. H. C. (Berks., Newk'y) | Gledhill, Gilbert | Lamb, Sir Joseph Quinton |
| Browne, Captain A. C | Gluckstein, Louis Halle | Law, Sir Alfred |
| Buchan Hepburn, P. G. T | Goff, Sir Park | Law, Richard K.(Hull, S.W.) |
| Burghley, Lord | Goodman, Colonel Albert W | Leighton, Major B. E. P |
| Burnett, John George | Grattan-Doyle, Sir Nicholas | Lennox-Boyd, A. T |
| Butler, Richard Austen | Grenfell, E. C. (City of London) | Lindsay. Noel Ker |
| Cadogan, Hon. Edward | Gunston, Captain D. W | Little, Graham, Sir Ernest |
| Campbell, Sir Edward Taswell (Brmly) | Hales, Harold K. | Llewellin, Major John J |
| Caporn, Arthur Cecil | Hamilton, Sir George (Ilford) | Lloyd, Geoffrey |
| Castlereagh, Viscount | Hamilton, SirR. W. (Orkney & Zetl'nd) | Loftus, Pierce C |
| Chorlton, Alan Ernest Leofric | Hannon, Patrick Joseph Henry | Lovat-Fraser, James Alexander |
| Clayton, Sir Christopher | Harris, Sir Percy | Lumley, Captain Lawrence R |
| Cochrane, Commander Hon. A. D | Harvey, Major Sir Samuel (Totnes) | Mabane, William |
| Colfox, Major William Philip | Heilgers, Captain F. F. A | MacAndrew. Lieut. Col. C. G. (Partick) |
| Conant, R. J. E | Herbert, Capt. S. (Abbey Division) | McEwen, Captain J. H. F |
| Cooke, Douglas | Hoare, Lt. Col. Rt. Hon. Sir S. J. G | McLean, Major Sir Alan |
learned Member for Bristol, East (Sir S. Cripps) shall use the Instructions as he likes and deprive this House, the elected representatives of the people, of the slightest opportunity of criticising what an autocratic Secretary of State might do, is perfectly astounding.
The suggestion is that this House which reflects the will of the people ought not to be held up by another place.
The hon. Member is proposing to leave out all Parliamentary control over the Instrument of Instructions. If he desires the control of the House of Commons why does he not move the appropriate amendment, to leave out "both House of Parliament" and insert "the Commons House of Parliament." That would have been intelligible, and would have suited the speech he made. To suggest that the elected representatives of this country are to be deprived of all right over the action of the Secretary of State in a matter of such vital importance, is a complete denial of every principle of democratic government.
Question put, "That the words proposed to be left out stand part of the Bill."
The House divided: Ayes,180; Noes,31.
| McLean, Dr. W. H. (Tradeston) | Procter, Major Henry Adam | Storey, Samuel |
| Makins, Brigadier General Ernest | Raikes, Henry V. A. M | Stourton, Hon. John J. |
| Mallalieu, Edward Lancelot | Ramsay, T. B. W. (Western Isles) | Strauss, Edward A |
| Margesson, Capt. Rt. Hon. H. D. R | Reed, Arthur C. (Exeter) | Strickland, Captain W. F |
| Marsden, Commander Arthur | Reid, David D. (County Down) | Sueter, Rear Admiral Sir Murray F. |
| Martin, Thomas B | Remer, John R | Sugden, Sir Wilfrid Hart |
| Mason, Col. Glyn K. (Croydon, N.) | Rhys, Hon. Charles Arthur U. | Sutcliffe, Harold |
| Mayhew, Lieut. Colonel John | Rickards, George William | Tate, Mavis Constance |
| Mitchell, Harold P. (Br'tl'd & Chisw'k) | Robinson, John Roland | Tompleton, William p. |
| Mitchell, Sir W. Lane (Streatham) | Ropner, Colonel L | Thomas, James P. L. (Hereford) |
| Molson, A. Hugh Eisdale | Ross Taylor, Walter (Woodbridge) | Todd, Lt. Col. A. J. K. (B'wick-on-T.) |
| Moreing, Adrian C. | Rothschild, James A. de | Train, John |
| Morris, Owen Temple (Cardiff, E.) | Rutherford, Sir John Hugo (Liverp'l) | Tryon, Rt. Hon. George Clement |
| Morris Jones, Dr. J. H. (Denbigh) | Salt, Edward W. | Tufnell, Lieut.-Commander R. L |
| Morrison, G. A. (Scottish Univer'ties) | Sanderson, Sir Frank | Barnard Turton, Robert Hugh |
| Munro, Patrick | Selley, Harry R | Wallace, Captain D. E. (Hornsey) |
| Ward, Lt. Col. Sir A. L. (Hull) | ||
| Nation, Brigadier General J. J. H | Shaw, Captain William T. (Forfar) | Wardlaw-Milne, Sir John S. |
| Nicholson. Godfrey (Morpeth) | Simmonds, Oliver Edwin | Warrender, Sir Victor A. G |
| Oman, Sir Charles William C. | Smith. Bracewell (Dulwich) | Wayland, Sir William A. |
| O'Neill, Rt. Hon. Sir Hugh | Somervell, Sir Donald | Wayland Sir William A. G |
| Ormsby-Gore, Rt. Hon. William G. A | Somerville, Annesley A. (Windsor) | Wells, Sydney Richard |
| Orr Ewing, I. L | Sotheron-Estcourt, Captain T. E | Williams, Herbert G. (Croydon, S.) |
| Patrick, Colin M | Southby, Commander Archibald R J | Windsor-Clive, Lieut.-Colonel George |
| Peake, Osbert | Spencer, Captain Richard A | Worthington, Dr. John V. |
| Perkins, Walter R. D | Stanley, Rt. Hon. Lord (Fylde) | |
| Petherick, M. | Stevenson, James | TELLERS FOR THE AYES.— |
| Pike, Cecil F. | Stewart. J. Henderson (Fife, E.) | Captain Sir George Bowyer and Sir Walter Womersley. |
NOES.
| ||
| Additon, Rt. Hon. Dr. Christopher | Greenwood, Rt. Hon. Arthur | Maxton, James |
| Attlee, Clement Richard | Grenfell, David Rees (Glamorgan) | Milner, Major James |
| Banfield, John William | Griffiths, George A. (Yorks. W. Riding) | Paling, Wilfred |
| Batey, Joseph | Hall, George H. (Merthyr Tydvil) | Parkinson, John Allen |
| Brown, C. W. E. (Nott., Mansfield) | Jenkin, Sir William | Smith, Tom (Normanton) |
| Cripps, Sir Stafford | Jones, Morgan (Caerphilly) | Thorne, William James |
| Daggar, George | Lansbury, Ht. Hon. George | Tinker, John Joseph |
| Davies, David L. (Pontypridd) | Lawson, John James | Williams, David (Swansea, East) |
| Davies, Rhys John (Westhoughton) | Leonard, William | Williams, Thomas (York., Don Valley) |
| Dobbie, William | Logan, David Gilbert | |
| Edwards, Charles | McEntee, Valentine L. | TELLERS FOR THE NOES.— |
| Mr. John and Mr. D. Graham. | ||
Clause 16—(Advocate-General For Federation)
I beg to move, in page 10, line 17, after "person," to insert
This is an Amendment to carry out a promise made by my right hon. Friend the Secretary of State during the Committee stage on an Amendment then moved by my hon. and learned Friend the Member for Ashford (Mr. Spens), to secure that the Advocate-General should be a person with qualifications which are laid down in page 124 of the Bill as the qualifications necessary for a High Court Judge."being a person qualified to be appointed a judge of a High Court."
Amendment agreed to.
I beg to move, in page 10, line 24, after to insert
The Bill as drafted gave the Advocate-General an unlimited right of audience in the court of a Federated State. It was pointed out by the Princes that the intention was that that right of audience should be limited to matters in which Federal interests were concerned."a case in which federal interests are concerned, in all courts in."
Amendment agreed to.
Clause 17—(Conduct Of Business Of Federal Government)
I beg to move, in page 10, line 42, to leave out from "that," to the end of the sub-section, and to insert:
"it is not an order or instrument made or executed by the Governor-General."
This Amendment is moved for the purpose of securing greater accuracy.
Amendment agreed to.
Clause 22—(Officers Of Chambers)
The following Amendments stood upon the Order Paper.
In page 13, line 32, leave out from "as," to end of sub-section, and insert "the Governor-General may determine."
In line 41, after "Assembly," insert "for references to the Council."
Leave out lines 42 to 44.—[Sir S. Hoare].
9.56 p.m.
I beg to move, in page 13, line 32, to leave out from "as," to the end of the Sub-section, and to insert "the Governor-General may determine."
These Amendments are for the purpose of greater accuracy. The first leaves the matter of the future salaries of both these officials to be determined by the Governor-General.I speak subject to correction, but I think it is the practice in Great Britain that, if you lose the qualification which it was necessary that you should have when you became a councillor, you have to give up your seat for a certain period. I think I am right on that. I do not see why you are seeking to strike out this paragraph which was in the Bill originally. If a person loses the qualification, it seems to me he should cease to be a member.
This Amendment has already been in the Burma part of the 13i11, and it seems sensible to allow a member to continue his term of office in the circumstances indicated.
Suppose it happens that a person elected as a representative of a Hindu constituency changes his religion and becomes a Mohammedan, would be entitled to go on?
That could never happen.
Amendment agreed to.
I beg to move, in page 13, line 41, after "Assembly," to insert "for reference to the Council."
This Amendment meets the case of a member who ceases to possess the qualifications required when he became a member. It would be unfair to deprive him of membership simply because his qualification happened to lapse during his tenure. Of course, when he came to be elected on the next occasion, it would be necessary for him to comply with the qualifications.Amendment agreed to.
Further Amendment made: In page 13, leave out lines 42 to 44.— [ Mr.Butler.]
On a point of Order. I think there was some confusion arising out of a mistake in the putting of a previous Amendment. The Amendment I refer to was the one relating to the Council.
I think the confusion arose from the fact that the two later amendments on Clause 22 are consequential and with the permission of the Chair, I dealt with them together.
Clause 25—(Vacation Of Seats)
I beg to move, in page line 40, to leave out paragraph (a.)This Amendment was the one to which I originally referred.
Amendment agreed to.
Clause26—(Disqualifications For Membership)
10.0 p.m.
I beg to move, in page line 39, to leave out "a period exceeding twelve months," and to insert "not less than two years."
This Amendment is the result of a discussion which we had on the Committee stage. The Amendment deals with the disqualification of Indians for a seat in the Provincial Legislature. In the Bill as originally drafted one of the disqualifications was a conviction amounting to 12 months. It came out in the course of the debate that that disqualification might exclude a large number of politicians against whom no charge of moral turpitude could be made, and I was asked whether I could make any distinction between political and other offences with a view to avoiding the application of disqualification of this kind to politcal offences, or, at any rate, to mild political offences. We have had a full investigation of the question since the Committee stage, and we have come to the conclusion that it is impossible in practice to draw a distinction in an Act of Parliament of this kind between one class of offence and another. Let me give the House an instance. A man might be convicted in India of an offence against the Salt Tax. From one point of view that might be a criminal offence, but from another point of view it might be a political offence. That shows the impossibility of drawing a hard-and-fast line between one class of offence and another. I have, therefore, tried to meet the position which was urged very strongly in the previous Debate of making the period of conviction which would disqualify a candidate not 12 months but two years. That would exclude from its scope a very large number of civil disobedience cases. It would only bring within the mischief of the Clause very serious cases. There is in the Clause a power of dispensation in the hands of the Governor-General if he thinks that the special circumstances of the case should not disqualify a candidate for this period of five years. I hope the House will accept the view which I am expressing, namely, that we cannot have this technical distinction between classes of offences, but you can meet the point by increasing the period of conviction that would disqualify a candidate from election.10.5 p.m.
I confess that I am very much disappointed by what the right hon. Gentleman has said, because there are many in this House who very much hoped that it would be possible for a clear distinction to be drawn between the political offender and the common criminal. Nothing of that sort has been done. In fact, as a result of this Amendment, a larger number of criminals, political and otherwise, than would have been the case under the period of 12 months will be permitted to sit in the legislature. Any number of persons with short term sentences, anything up to two years, for every form of crime will be invited to put themselves up for election. I should have thought that the object of the Government as far as was possible would have been to try to allow as few persons as had been convicted in a court of law as possible to have an opportunity of offering themselves to the legislatures. I can only consider that this Amendment, for all the graceful way in which it has been proposed by the right hon. Gentleman, will appear in the eyes of India generally as a sop to the political agitators of India.
Amendment agreed to.
10.7 p.m.
I beg to move, in page 15, line 43, at the end, to insert
"(f)if, having been nominated as a candidate for the Federal or any Provincial Legislature or having acted as an election agent of any person so nominated, he has failed to lodge a return of election expenses within the time and in the manner required by any Order in Council made under this Act or by any Act of the Federal or the Provincial Legislature, unless five years have elapsed from the date by which the return ought to have been lodged or the Governor-General acting in his discretion has removed the disqualification.
The object of this Amendment is to ensure that returns of election expenses are made by candidates. There is a gap in the Bill as' originally drafted, and it is to fill that gap that I move this Amendment. It is a necessary provision, which, I hope, the House will accept.Provided that a disqualification under paragraph(f)of this Sub-section shall not take effect until the expiration of one month from the date by which the return ought to have been lodged or of such longer period as the Governor-General acting in his discretion may in any particular case allow."
Amendment agreed to.
Clause 28—(Privileges &C Of Members)
I beg to move, in page 17, line 13, to leave out from "court," to the end of line 16.
This Amendment and the following Amendment are Amendments to the Clause which deals with the privileges of Members. I think that it was admitted in substance by my right hon. Friend on the Committee stage, in answer to objections which were raised, that the Clause as it at present stands was too restrictive. The general object of the Clause is to prevent the Federal Legislature from assuming the powers of a court, such as the power we have, to some extent, in Parliament here, which of course is in some respects a court as well as a legislative assembly. While we are not going to the full length of the power which this House has, it was felt by those who raised the point that the Clause, as drafted, was a little too restrictive. We therefore propose to insert a proviso giving the Federal Legislature power to make provision by Act for the punishment by a court of persons who refuse to give evidence or produce the documents before a committee of a chamber when duly required to do so. That, I think the House will agree, is a necessary power for a legislature to have in order to carry out its duties properly. The proviso, as the House will see, deals with the matter of the attendance of those who are, or have been, in the service of the Crown, and enables rules to be made by the Governor-General for that necessary purpose, a purpose which is permitted in our own procedure in that documents which it is against the public interest to disclose cannot be called for in the ordinary course. I hope that the House will feel that this meets the point which was raised, and that it satisfactorily disposes of the matter.10.11 p.m.
It seems to me that we have now the danger of swinging round to the other extreme. It seems a pretty stiff proposition to give power to a chairman of a committee to hale a person before the courts without any reference to the assembly in whose name, apparently, this chairman is deemed to act. I speak subject to correction, but I do not think that we have anything approaching that power in this country. Because person has withheld information which he may deem it in the public interest to withhold—he may be wrong in withholding it—it seems to me a tremendous power to give to a chairman of committees acting in his own right as a chairman without, apparently, even reference to his committee at all. I would not mind if proceedings of this sort were taken if it were after, shall we say, a resolution authorising such procedure had been given by the legislative assembly, but to give a chairman on his own right power to hale an individual before a court is pretty lively going. I should like to hear a little more justification for the proposal.
10.13 p.m.
If by permission of the House I may speak again, I think that there is perhaps n little misunderstanding. The Sub-section as on the Paper brings in the chairman as the person, not necessarily to initiate the prosecution, but the person who calls for the papers, a refusal to produce which may lead to a prosecution. I think that the chairman would be the spokesman of the committee or of the chamber in saying what papers should he produced. The hon. Member has raised the point whether under this Clause it is the chairman who may say, "This is a proper case for prosecution. I have not had the documents I asked for, and I will set the machinery in motion." He suggests that that is going too far, and that the initiation of prosecution ought to be safeguarded in some way by resolution of the chamber. I will certainly look into that point and we 'are grateful to the hon. Member for raising it. I do not wish to give any undertaking, but, as I said, the question which he has raised will be examined.
Amendment agreed to.
Further Amendment made: In page 17, line 21, leave out lines 21 to 25,.and insert.
(4) Provision may be made by an Act of the Federal Legislature for the punishment, on conviction before a court, of persons who refuse to give evidence or produce documents before a committee of a Chamber when duly required by the chairman of the committee so to do.
Provided that any such Act shall have effect subject to such rules for regulating the attendance before such committees of personswho are, or have been, in the service of the Crown in India, and safeguarding confidential matter from disclosure, as may be made by the Governor-General exercising his individual judgment.— [ The Solicitor-General..]
Clause 33—(Annual Financial Statement)
10.16 p.m.
I beg to move, in page 21, line 27, to leave out from "commissioners" to "and" in line 29.
The supply necessary for the secretarial staff of tale Governor-General was origin ally included in ails Clause. We have now covered it by a new Clause which was moved by my right hon. Friend this afternoon. Exactly the same point has been covered in a different way in that new Clause and we therefore move to omit these words in order to avoid repetition.Amendment agreed to.
Clause 37—(Special Provisions As To Financial Bills)
Amendments made: In page 24, line 13, leave out "or impost whether local or general."
In page 24, line 15, leave out "authorising" and insert "regulating."— [ Sir Hoare.]
Clause 38—(Rules Of Procedure)
10.17 p.m.
I beg to move in page 25, line 37, at the end, to insert:
"or (iv) the discussion of, or the asking of questions on, the personal conduct of the Ruler of any Indian State, or of a member of the ruling family thereof." This Clause covers the rules of procedure, and the Amendment would prohibit discussion of or asking of questions on the personal conduct of the Ruler of any Indian State or a member of the ruling family. The States have asked for this protection—a very proper protection in my submission—for themselves and their families. The Amendment seeks to prevent the right of free speech from being abused by personal criticism of Rulers or of members of their families. We are familiar with certain Rules in this House of an analogous character. The proposal is one which I think will meet the wishes of the Princes and will be in accordance with what the House would consider desirable.10.19 p.m.
I appreciate the intention of the Attorney-General in this Amendment but I wonder how far it will apply. We all recall an incident which happened in British India a few years ago. It would be undesirable to mention names but I think hon. Members will recall that that incident brought into question, rightly or wrongly, the conduct of a ruler, and if I remember aright the British Government itself took action. What is the effect of this prohibition? Supposing it was alleged that a ruler had been guilty of undesirable conduct within the confines of British India. Is it then argued that if a ruler or his agent is guilty of such conduct, not in the State, but within the confines of British India, he shall not be named? The point I raise is important. I can quite understand, and indeed believe, that the conduct of a ruler within his State is a matter outside the purview of the Legislative Assembly, but if a ruler or his agent is deemed to be acting directly for the ruler in an undesirable way within the confines of British India, is it argued that the conduct of the ruler cannot be called in question? It is an important point since we know that the rulers of States pass through the Provinces on various journeys.
10.21 p.m.
This provision does not make discussion impossible. All that it does is to make discussion impossible without the Governor-General's previous consent. My answer to the hon. Member must be that it must depend upon the case itself. The possibility of discussion is not excluded. The restriction that we propose here is of a narrow kind dealing only with the personal conduct of a Prince himself and his family. Whether or not there should be discussion in the kind of the case that the hon. Gentleman has mentioned will have to depend upon the Governor-General's decision upon the actual case. Let me further remind the hon. Gentleman that if he is anxious, and rightly anxious, about cases of this kind, the action of the Governor-General is in no way restricted by such a provision as this. In the case he had in mind the Governor-General took action under the powers of paramountcy. His action would be in no way compromised by this provision. The only point at issue is whether or not there would be a discussion in the Federal or some other legislature, but that would have to depend upon the Governor-General's view of the case, so that the possibility of discussion is not excluded.
Amendment agreed to.
Clause 40—(Restrictions On Discussion In The Legislature)
10.24 p.m.
I beg to move, in page 26, line 27, after the second "Court," to insert "or of any district judge."
When this Amendment was before the Committee it was accepted by the Solicitor-General subject to the provision that there would be consultation with the authorities in India. I move the Amendment now in order to get a statement on the position. The Clause provides that there shall be no discussion in the Federal Legislature of the conduct of any judge of the Federal Court or of a High Court in the exercise of his judicial functions. The Amendment proposes to add "and of any district judge," who, as he is down among the people, and subject to pressure which is often of a serious nature, needs such protection even more than the judges of the High Court.10.25 p.m.
I beg to second the Amendment.
If protection is to be given to the High Court judges it is even more desirable that protection should be given to district judges. This Amendment seems so reasonable that I trust my right hon. Friend will see his way to accept it.10.26 p.m.
My right hon. Friend, in accordance with the undertaking which he gave in Committee, has given this matter very serious consideration, in consultation with his advisers here and with the Governments in India. The House will see that there is an Amendment later, standing in the name of my right hon. Friend, extending the protection given to High Court judges. I mention that because it has some relevance to the argument which I am advancing on this Amendment. It extends protection to them not merely in the performance of their duty or functions but in the discharge of their duties generally. It is, of course, clear that a line must be drawn, and on the whole it is well that it should be drawn at the High Courts. If we include district judges the same arguments could lead us to include subordinate judges arid magistrates of all classes, and it must be remembered that this protection is of a very drastic character. Having regard to the fact that we are widening the scope of this Clause so far as the High Court is concerned, and to the difficulty of having grades of protection for different classes of judicial officers, my right hon. Friend has come to the conclusion that it is much better to restrict this protection to the High Court.
My hon. Friend who moved this Amendment knows that as one goes down the judicial scale in India one finds the same officials performing both judicial and executive functions, and their executive functions would, of course, be perfectly proper subjects for discussion in the legislatures, and the Government could not contemplate exempting them from discussion by bringing them within a Clause of this kind. I could not possibly exaggerate the importance which we feel with regard to this question, and the extent of the consideration which my right hon. Friend has given to it. The position of all judicial officers in India and their proper protection, and the undesirablity of improper criticism being passed on them, is a matter of the utmost importance, and it is because of its very great importance that the Government suggest, so far as the High Court is concerned, this very drastic exemption from criticism; but we are of opinion that it is better to restrict the protection afforded by this Clause to the High Court, and therefore we do not advise the House to accept the Amendment.10.30 p.m.
We appreciate the difficulty which my hon. and learned Friend and the Government find in drawing a definite line with regard to protection of the judiciary in India. The difficulty is obvious, but at the same time one feels that the district magistrates are in an exceptional position and that protection might be of more use to the district magistrate than to anyone else. I still wonder whether the Government might not find it possible, although they be unwilling to accept the terms of the Amendment, to consider some method by which the district magistrate can have protection against undue criticism in the Assembly. If the district magistrate is always being criticised in, his judicial capacity by the Assembly, that is bound in the long run to react on his position in the Province. I am, not pressing this point in any way, but I feel that there is a rather larger danger than may be appreciated by the House that continuous pressure may weaken a form of magistracy which is the centre of Indian life in every Province in India, and without the impartiality of which, justice in India would fall completely into degradation. I hope the Government can in the future find some way by which the district magistrates may be protected against undue criticism.
10.32 p.m.
I am extremely sorry to hear that the Government have not met the Amendment as it was originally put in the Committee to extend protection to the district judge. At the time when that Amendment was put forward, the Solicitor-General promised that it should have attention. It was pointed out the other day that the sessions judge was really in many respects like a High Court judge in this country, because he had power to impose any sentence allowed by law, including the death sentence, which was subject to confirmation by the High Court. So far as the civil work of the district judge is concerned the matter is of no great consequence, but the criminal work of the sessions judge is of the greatest importance, and it is in respect of that work that undue influences may be brought to bear, first through the Press and then
Division No. 216.]
| AYES.
| [10.35 p.m.
|
| Acland Troyte, Lieut.-Colonel | Erskine-Bolst, Capt. C. C. (Blk'pool) | Oman, Sir Charles William C. |
| Allen, Lt. Col. Sir William (Armagh) | Everard, W. Lindsay | Remer, John R |
| Bracken, Brendan | Fleming, Edward Lascelles | Sanderson, Sir Frank Barnard |
| Broadbent, Colonel John | Fuller, Captain A. G | Somerville, Annesley A (Windsor) |
| Brown, Brig. Gen. H. C. (Berks., Newb'y) | Goodman, Colonel Albert W. | Templeton, William P. |
| Browne, Captain A. C | Gritten, W. G. Howard | Wells, Sydney Richard |
| Burnett, John George | Hales, Harold K. | Williams, Herbert G. (Croydon, S.) |
| Courtauld, Major John Sewell | Keyes, Admiral Sir Roger | Windsor Clive, Lieut.-'Colonel George |
| Craddock, Sir Reginald Henry | Knox, Sir Alfred | |
| Croft, Brigadier General Sir H. | Lennox-Boyd, A. T. | TELLERS FOR THE AYES.— |
| Mr. Raikes and Mr. Bailey. |
NOES.
| ||
| Adams, D. M. (Poplar, South) | Goff, Sir Park | Little, Graham, Sir Ernett |
| Adams, Samuel Vyvyan T. (Leeds, W.) | Goldie, Noel B. | Llewellin, Major John J |
| Agnew, Lieut. Com. P. G. | Graham, D. M. (Lanark, Hamilton) | Lloyd, Geoffrey |
| Albery, Irving James | Grattan Doyle, Sir Nicholas | Lockwood, John C. (Hackney, C.) |
| Allen, Lt. Col. J. Sandeman (B'k'nhd.) | Greenwood, Rt. Hon. Arthur | Loftus, Pierce C. |
| Aske, Sir Robert William | Grenfell, David Rees (Glamorgan) | Logan, David Gilbert |
| Attlee, Clement Richard | Grenfell, E. C. (City of London) | Lovat Fraser, James Alexander |
| Banfield, John William | Griffiths, George A. (Yorks. W. Riding) | Lumley, Captain Lawrence R. |
| Batey, Joseph | Gunston, Captain D. W. | Mabane, William |
| Beaumont. Hon. R. E. B. (Portsm'th. C.) | Hall, George H. (Merthyr Tytdvil) | MacAndrew, Lieut-.Col. C. G. (Partick) |
| Belt, Sir Alfred L. | Hamilton, Sir George (Ilford) | McEntee, Valentine L. |
| Blindell, James | Hamilton, Sir R. W. (Orkney & Zetl'nd) | McEwen. Captain j. H. F. |
| Bottom, A. C. | Hannon, Patrick Joseph Henry | McKie, John Hamilton |
| Bowyer, Capt. Sir George E. W | Harris, Sir Percy | McLean, Major Sir Alan |
| Braithwaite, J. G. (Hillsborough) | Harvey, George (Lambeth, Kenningt'n) | Makins, Brigadier General Ernett |
| Brass, Captain Sir William | Harvey, Major Sir Samuel (Totnes) | Mallalieu, Edward Lancelot |
| Briscoe, Capt. Richard George | Heilgers, Captain F. F. A. | Margesson, Capt. Rt. Hon. H. D. R. |
| Brocklebank, C. E. R | Herbert, Capt. S. (Abbey Division) | Mayhew, Lieut.-Colonel John |
| Brown, C. W. E.(Notts. Mansfield) | Hoare, Lt. Col. Rt. Hon. Sir S. J. G | Milner, Major James |
| Brown, Col. D. C. (N'th'l'd., Hexham) | Hope, Capt. Hon. A. O. J. (Aston) | Mitchell, Harold P. (Br'tl'd & Chisw'k) |
| Buchan Hepburn, P. G. T. | Horsbrugh, Florence | Mitchell, Sir W. Lane (Streatham) |
| Burghley, Lord | Howard, Tom Forrest | Morris, Owen Temple (Cardiff, E.) |
| Butler, Richard Austen | Howitt, Dr. Alfred B. | Morrison, G. A. (Scottish Univer'ties) |
| Cadogan, Hon. Edward | Hudson. Capt. A. U. M. (Hackney, N.) | Nicholson, Godfrey (Morpeth) |
| Campbell, Sir Edward Taswell (Brmly) | Hume, Sir George Hopwood | O'Neill, Rt. Hon. Sir Hugh |
| Caporn, Arthur Cecil | Hunter, Dr. Joseph (Dumfries) | Ormsby-Gore, Rt. Hn. William G. A, |
| Castlereagh, Viscount | Hurst. Sir Gerald B. | Orr Ewing, I. L. |
| Cochrane, Commander Hon. A. D | Inskip, Rt. Hon. Sir Thomas W. H. | Paling, Wilfred |
| Colfox, Major William Philip | Iveagh, Countess of | Parkinson, John Allen |
| Conant. R. J. E | Jackson, Sir Henry (Wandsworth, C.) | Patrick, Colin M. |
| Cripps, Sir Stafford | Jackson, J. C. (Heywood & Radcliffe) | Peake, Osbert |
| Crooke, J. Smedley | James, Wing Com. A. W. H | Perkins, Walter R. D |
| Crookshank, Capt. H. C. (Galnsb'ro) | Jamieson, Douglas | Petherick, M. |
| Crossley, A. C | Janner, Barnett | Pike, Cecil F. |
| Culverwell, Cyril Tom | Jenkins, Sir William | Procter, Major Henry Adam |
| Daggar, George | Joel, Dudley J. Barnato | Ramsay, T. B. W. (Western Isles) |
| Davidson. Rt. Hon. J. C. C | John, William | Ramsbotham, Herwald |
| Davies, David L. (Pontypridd) | Jones, Morgan (Caerphilly) | Rathbone. Eleanor |
| Davies, Maj. Geo. F. (Somerset. Yeovil) | Ker, J. Campbell | Reed, Arthur C. (Exeter) |
| Davies, Rhys John (Westhoughton) | Kirkpatrick, William M. | Rickards, George William |
| Dobbie, William | Lamb, Sir Joseph Quinton | Robinson, John Roland |
| Duncan, James A. L. (Kensington, N.) | Law Sir Alfred | Ropner, Colonel L. |
| Edwards, Charles | Law, Richard K. (Hull. S. W.) | Ross Taylor, Walter (Woodbridge) |
| Foot, Dingle (Dundee) | Lawson, John James | Rothschild, James A. de |
| Ganzoni, Sir John | Leighton, Major B. E. P. | Rutherford, Sir John Hugo (Liverp'l) |
| Gledhill, Gilbert | Leonard, William | Salmon, Sir Isidore |
| Gluckstein, Louis Halle | Lindsay, Noel Ker | Salt, Edward W. |
by discussion in the Legislative Council. Many of those judges have been employed on special tribunals to deal with terrorism, and that is a position which exposes a judge to very severe criticism and to scarcely veiled intimidation. I therefore hope that, even if the Government do not include the district judges as such, they will include sessions judges with the judge soft he High Court.
Question put, "That those words be the reinserted in the Bill.".
The House divided Ayes,28; Noes,175.
| Sassoon, Rt. Hon. Sir Philip A. G. D. | Strains, Edward A. | Ward, Irene Mary Bewick (Wallsend) |
| Simmonds, Oliver Edwin | Strickland, Captain W. F. | Wardlaw-Milne, Sir John S. |
| Smith, Bracewell (Dulwich) | Sueter, Rear-Admiral Sir Murray F. | Warrender, Sir Victor A. G |
| Smith, Tom (Normanton) | Sugden, Sir Wilfrid Hart | Williams, Charles (Devon, Torquay) |
| Somervell, Sir Donald | Sutcliffe, Harold | Williams, David (Swansea, East) |
| Sotheron-Estcourt, Captain T. E. | Tate, Mavis Constance | Williams, Thomas (York, Don Valley) |
| Southby, Commander Archibald R. J | Thomas. James P. L. (Hereford) | Wilson, Clyde T. (West Toxteth) |
| Spencer, Captain Richard A. | Tinker, John Joseph | Worthington, Dr. John V. |
| Stanley, Rt. Hon. Lord (Fylde) | Tryon, Rt. Hon. George Clement | |
| Stevenson, James | Tufnell, Lieut Commander R. L | TELLERS FOR THE NOES.— |
| Stone, James | Turton, Robert Hugh | Sir Walter Womersley and Dr. Morris-Jones. |
| Storey, Samuel | Wallace, Captain D. E. (Hornsey) | |
| Stourton, Hon. John J. | Ward, Lt.-Col. Sir A. L. (Hull) |
10.43 p.m.
I beg to move, in page 26, to leave out line 28, and to insert "discharge of his duties."
The object of the Amendment is to substitute the proposed words for the words "performance of his judicial functions." It is obvious that the main duties of a judge are judicial, but, as we realise, it might be possible to get round what the Sub-section is intended to effect and produce the evil which it is intended to prevent by purporting, at any rate, to criticise the administrative functions of `a judge or criticise the judge in other than his directly judicial functions. It is in order to prevent that that we propose to make the words general. It is right to remind the House that this is dealing simply with discussions in the Federal Legislature. Provisions in respect of an unfortunate case where it is desired to remove a judge come under the Clauses of the Bill in reference to the Federal Court and the High Court respectively. There is, of course, nothing to prevent representations being made to the Governor-General, or the Governor as the case may be, if persons feel that judges are behaving in a way which is not proper. This is merely to prevent undesirable discussions in the Legislative Assembly, and we think that it is necessary to make the words genera] so that there may be no question of getting round the spirit of the Clause by construing it in a narrow way.10.45 p.m.
Do I understand the Solicitor-General to say that it will be possible for an elected assembly as such to petition for the removal of a judge?
No, I did not intend that.
Then who may?
What I intended to say was that there are provisions by which, in the event of a judge misbehaving, he can be removed by the Governor-General. Of course there is nothing to prevent anybody making representations drawing the Governor's attention to matters which he thinks he ought to consider. Certainly I did not intend to imply, because it would not be the fact, that under this Clause a legislative assembly as such could petition the Governor-General or the Governor for the removal of a judge.
I speak for myself in this matter, and I should like to say that I think it is a little unfortunate that the Legislative Assembly as such cannot by resolution ask for the removal of a judge. This House can by petition ask for the removal of a judge. It is quite true that it does not normally discuss the conduct of judges, but it can by petition to His Majesty the King ask for the removal of a judge. As I understand the Solicitor General, a Governor General can do it of his own initiative or a Governor may do it of his own initiative, and in addition a private individual may make representations to the Governor-General or the Governor. If a private individual may do it, it is difficult to understand why the representatives of the people in an elected assembly cannot make representations.
The Solicitor General, I am sure, will not deny that judges, like other people, are human and have their frailties. It is just possible that it might be argued concerning a particular judge that he had been guilty of disclosing in the exercise of his functions some sort of political or other bias, That is not a case in which an individual can very well advance a charge. A charge of that sort must come from some representative body, and if a representative body like the Assembly cannot proceed with the matter, who can? Such cases, let us hope and believe, will be very few and far between—indeed they may never occurbut power should be there. It seems to me, therefore, that the proposal as explained by the Solicitor General is not adequate to meet the needs of the situation.10.49 p.m.
This Amendment does not really touch that position at all. The Amendment deals only with the duties of a judge in connection with discussions in the legislature. The question of the removal of judges comes under another Clause. It was thought better in the circumstances of India not to adopt the procedure that exists here. It was thought better to take the question of the conduct of judges out of the political atmosphere altogether, and to leave the question of dismissal of a judge to an impartial judicial body such as the Privy Council. My advice is that it would be unwise to alter that position.
10.51 p.m.
I am very glad to hear what the Secretary of State says after what the hon. Member for Caerphilly (Mr. Morgan Jones) has said. If he is going to bring discussions of the judiciary into the legislature in its early stages, it will have a disastrous effect. We have to realise that nine times out of ten the troubles which will arise when a judge is criticised will be because he has given a judgment against someone with different religious opinions from those to whom he is responsible. I am very glad that the Secretary of State will not move on this subject, because I can conceive of no subject more fruitful of trouble in debates in these Indian Assemblies than discussions capable of arousing religious passions.
Amendment agreed to.
10.52 p.m.
I beg to move, in page 26, line 28, at the end, to insert
This Amendment is little more than drafting. It brings the High Courts of the Federated States for the purposes of this Sub-section into line with the High Courts in the Provinces."In this sub-section the reference to a High Court shall be construed as including a reference to any court in a Federated State which is a High Court for any of the purposes of Part IX of this Act."
Amendment agreed to.
Clause 42—(Power Of Governor-General To Promulgate Ordinances During Recess Of Legislature)
10.53 p.m.
I beg to move, in page 27, line 22, to leave out paragraph (b).
This Clause gives power to the Governor-General to promulgate ordinances during times when the Legislature is not sitting. Paragraph(b)is the second proviso and it provides that he shall not, in certain circumstances, issue such ordinances without instructions from His Majesty, and the beginning of the Clause lays down that in certain circumstances which render it necessary he shall take immediate action. It seems to us that the provision that he should have to communicate his wishes home before taking action does not fit in with the order that he should take immediate action which may be necessary in certain circumstances.I beg to second the Amendment.
10.54 p.m.
I think I can explain quite shortly where, perhaps, confusion has arisen about sub-paragraph (b.) Ordinances under this Clause will be promulgated in cases of necessity by the Governor-General on the advice of his Ministers. Since legislation on the advice of his Ministers is subject to certain provisions with reference to His Majesty's assent, certain classes of Bill will be subject to the same procedure. These classes are set out in paragraph xxvii of the Instrument of Instructions, and affect, for instance, any Bill the provisions of which would repeal or be repugnant to the provisions of any Act of Parliament extending to British India; any Bill which would so derogate from the powers of the High Court of any Province as to endanger the position which these courts are designed to fill; and any Bill passed by a Provincial Legislature and reserved for his consideration which would alter the character of the Permanent Settlement. This paragraph does not apply to the next Clause, which relates to ordinances promulgated by the Governor-General in his own discretion. We consider that as the Clause is drafted there will be no unnecessary delay in regard to this matter.
Amendment negatived.
Clause 44—(Power Of Governor-General In Certain Circumstances To Enact Acts)
10.56 p.m.
I beg to move, in page 29, line 3, to leave out from "and," to "enact," in line 7, and to insert:
"eitherAmendment agreed to.
Clause 45—(Power Of Governor-General To Issue Proclamations)
I beg to move, in page 30, line 21, to leave out from months, "to the end of the Sub-section, and to insert:
"Provided that, if and so often as a resolution approving the continuance in force of such a proclamation is passed by both Houses of Parliament, the proclamation shall, unless revoked, continue in force for a further period of six months from the date on which under this Sub-section it would otherwise have ceased to operate. (4) If at any time the government of the Federation has for a period of three years been carried on under and by virtue of a proclamation issued under this Section, then, at the expiration of that period the proclamation shall cease to have effect and the government of the Federation shall be carried on in accordance with the other provisions of this Act, subject to any amendment thereof which Parliament may deem it necessary to make, but nothing in this Subsection shall be construed as extending the power of Parliament to make amendments in this Act without affecting the accession of a State." The object of the Amendment is, first, to ensure that Proclamations under this breakdown Clause will in all cases have to come to Parliament for Parliamentary approval. In the second place, it makes it clear that at the end of three years, the period beyond which a Proclamation cannot run, that the position will revert to the position under this Bill or under the Bill as it is subsequently amended. In the third place, it makes it clear that if amendments are made during the period of three years which alter in any way the conditions under which the Princes have acceded, the Instruments of Accession would become voidable. These were the points which hon. Members made when we discussed the Clause previously, and the Amendment is moved to meet those points.10.59 p.m.
I do not imagine that there will be a very long discussion on this Amendment, but it is a very important question and cannot be disposed of after a few minutes debate. The Amendment is rather dangerous and requires the close attention of the House. It provides that after three years, whatever the state of the country might be, the personal rule of the Governor-General will cease to have effect and the formal provisions of the constitution resumed, unless an amending Act is passed in this House. These are points which excited a great deal of interest in the Committee stage.
It being Eleven of the Clock, the Debate stood adjourned..
Debate to be resumed upon Monday next.
The remaining Orders were read, and postponed.
Adjournment
Resolved, "That this House do now adjourn."— [ Captain Margesson.]
Adjourned accordingly at One Minute after Eleven of the Clock.