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Lords Chamber

Volume 62: debated on Monday 22 June 1925

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House Lords

Wednesday, 22nd July, 1925.

The House met at a quarter before four of the clock, The LORD CHANCELLOR on the Woolsack.

Mental Deficiency (Amendment) Bill

Committee of the Whole House (which stands appointed for to-day), put off to Tuesday next.

Hartlepool Corporation Bill

My Lords, I beg to move the Motion of which Notice has been given.

Moved, That the order made on the 2nd day of April last, "That no Private Bill brought from the House of Commons shall be read a second time after Tuesday the 30th of June next," be dispensed with, and that the Bill be now read 2a .—( The Earl of Donoughmore.)

On Question, Motion agreed to, and Bill read 2a accordingly.

Fylde Water Bill

Read 3a , with the Amendments, and passed, and returned to the Commons.

Nottinghamshire County Council (Gunthorpe Bridge) Bill

Read 3a , with the Amendments, and passed, and returned to the Commons.

Dangerous Drugs Bill Hl

My Lords, I desire to ask the leave of the House to introduce a Bill to amend the Dangerous Drugs Acts, 1920 and 1923, so far as is necessary to enable effect to be given to a Convention signed at Geneva on behalf of His Majesty on February 19, 1925; and to move that the Bill be now read a first time.

Moved, That the Bill be now read 1a .—( viscount Cecil of Chelwood.)

On Question, Bill read 1a , and to be printed.

Electricity Special Order

My Lords, on behalf of my noble friend Viscount Peel, I beg to move the Motion of which Notice has been given.

Moved, That the Special Order made by the Electricity Commissioners under the Electricity (Supply) Acts, 1882 to 1922, and confirmed by the Minister of Transport under the Electricity (Supply) Act, 1919, in respect of the urban district of Guisborough, in the North Riding of the County of York, which was presented on the lath day of June, 1925, be approved.—( Viscount Gage.)

On Question, Motion agreed to.

Land Drainage (Black Sluice) Provisional Order Bill

Read 3a (according to Order), and passed.

West Hartlepool Corporation (Trolley Vehicles) Provisional Order Bill

My Lords, I beg to move the Motion which stands in the name of Viscount Peel in relation to this Bill.

Moved, That the order made on the 2nd day of April last, "That no Provisional Order Confirmation Bill brought from the House of Commons shall be read a second time after Tuesday, the 30th of June next," be dispensed with, and that the Bill be now read 2a .—( Viscount Gage.)

On Question, Motion agreed to, and Bill read 2a accordingly.

Bill committed for Tuesday next.

Ministry Of Health Provisional Orders (No 3) Bill

House in Committee (according to Order) on re-commitment of the Bill: Bill reported without amendment.

Pier And Harbour Provisional Orders (No 1) Bill

House in Committee (according to Order) on re-commitment of the Bill: Bill reported without amendment.

Pier And Harbour Provisional Orders (No 2) Bill

House in Committee (according to Order) on re-commitment of the Bill: Bill reported without amendment.

Tramways Provisional Orders Bill

House in Committee (according to Order) on re-commitment of the Bill: Bill reported without amendment.

Housing

had given Notice to call attention to the continued shortage of housing accommodation for the working classes, and to the impossibility of meeting the deficiency unless there is a large increase in the labour available for the purpose of building houses, and to ask His Majesty's Government what steps they propose to take in this matter. The right rev. Prelate said: My Lords, about this time a year ago the House spent some days in discussing a housing measure introduced by the last Government, and amidst some difference of opinion which was then expressed there was general agreement at any rate on two matters. There was general agreement on the fact that it was urgently necessary that a very large number of new houses should be provided, and there was also agreement on the fact that it would be quite impossible to provide these houses unless there was a large increase in the amount of labour available.

Let me remind your Lordships of the problem which confronted us in this housing question a year ago. In the year 1919 local authorities were asked by the Ministry of Health to state how many houses were required to make good the existing deficiency. The returns showed that something like 1,000,000 houses were required in Great Britain. To that number there must also be added 100,000 houses required each year to meet the ordinary loss of houses through age and the accommodation required through the pulling down of slum districts. The measure was intended to meet this need by providing for 2,500,000 houses in fifteen years, starting with the building of 90,000 houses in the year 1925 and gradually rising until the figure aimed at was 225,000 houses in the year 1934 and each year of the remaining years of the fifteen year period. It was recognised that this gigantic programme could not be undertaken unless the amount of labour was largely increased A report of the National Building Committee showed that there had been a very serious decrease in the number of skilled craftsmen available. In 1913 there were 429,000 craftsmen, but this number had fallen in 1924 to 367,000. There were 11,750 fewer bricklayers, 16,600 fewer masons and 4,000 fewer plasterers, and to build 225,000 houses in a year would mean a very large increase in the number of skilled craftsmen. The National Building Committee went on to make recommendations, to which I shall have to refer later, showing how this deficiency might be met.

I first of all ask how many houses have been built under the various State-aided measures and how many houses have been built during the last year. So far as I know, we shall have a satisfactory report as to the number of houses which have actually been built. I noticed in The Times a few days ago an article in which it was stated:—

"Good progress in actual building is being made and in the first five months of this year over 35,000 houses were actually completed, in spite of the bad weather. During the present season much more rapid progress is being made."

It is possible that we may be told that between 90,000 and 100,000 houses may be completed this year. That would be a very satisfactory statement so far as it goes. There is no doubt that the Minister of Health has been working with the greatest energy in an attempt to solve this problem, and, if I may say so without impertinence, I feel that it is a national asset that the Minister of Health is a man who combines such enthusiasm with great practical knowledge of the problem.

There are two comments which I should like to make upon the present rate of building. The first is that so far it has not appreciably reduced the overcrowding in various parts of our great towns. Hero and there, no doubt, a family has been moved out from the overcrowded districts, but so far it has been from the nature of the ease impossible to reduce to any large extent the overcrowding which is so prevalent in many of our great towns. The second comment that I make is much more fundamental. While the number of 90,000 houses is thoroughly satisfactory for the year 1925, the real question is whether there is such a supply of labour as to increase very largely the number of houses to be built in the ensuing years. If we go on building at the rate of 90,000 or even 100,000 houses a year we shall never solve the housing problem. At the end of this century the problem will still remain unsolved, for we shall be only meeting the ordinary wastage in houses without building sufficient houses to deal with the gigantic slum problems which await us.

I notice that the Secretary for Scotland, a day or two ago, stated that the position in Scotland was still very serious. He said:—

"Whereas the estimate of the Scottish Royal Commission on Housing in 1917 the deficiency on the existing standard of housing was 121,430, that of the central Department at the end of 1924 was 150,000, and at the conclusion of six years, notwithstanding the strenuous efforts by Government Departments and local authorities, the situation is getting worse."

The real crux of the situation, therefore, is whether provision is being made for an increased supply of labour so that houses may be built in ever-increasing numbers during the ensuing years until they reach the figure of 225,000 in 1934. It is here that I have serious misgivings. From the inquiries that I have been able to make I find that work is already hindered through the shortage of labour and that apparently there are very small prospects of any large increase in the number of skilled craftsmen available.

Take, for instance, the case of London. In 1919 the London County Council resolved to build 29,000 within five years. By the end of last year it had built 9,000 houses. The reason given for the deficiency was the shortage of labour. In July of last year their housing committee recommended that 12,600 houses should be built annually for ten years. Progress towards this result has been very slow. In one district that I know well I was told last year, not officially but on very good authority, that by the end of this year there would be 1,000 houses in position and occupied. I enquired a few days ago and I was told that probably there would be 500 houses ready at the end of the year. The difficulty is not a difficulty either of material or of money, but of labour. The London Housing League, which has been drawing attention to the importance of the labour situation, stated that 6,930 craftsmen would be required for the building of 8,600 houses, but that in February of this year, on the London County Council building estates, there were only 933 skilled craftsmen. That number has been raised this month, I believe, to 1,650, but 1,650 men working continuously making no allowance for any stoppage could succeed in building only 4,000 houses instead of the 12,000 that are required.

Only yesterday the housing committee reported to the London County Council that progress towards the completion of the large building programme already authorised by the Council was hindered by the scarcity of skilled labour, and I am told that in provincial towns the difficulty is just the same. Building schemes have been held up through lack of labour, and in some large towns there is very little prospect of gaining any substantial increase in the number of skilled craftsmen during the next few years. The same is true in the country districts. I noticed a letter in The Times a few days ago from an architect, who wrote:—

"In the last month I have had three refusals by building contractors to tender for work on the ground that they were quite unable to obtain the necessary labour."

What methods are suggested to meet this deficiency? The National Building Committee made two suggestions. They rejected, rightly or wrongly—personally I am sorry that they did so—proposals For dilution, but they then suggested that it might be possible to supply the deficiency partly by transferring to the housing branch of the trade those who were engaged in other parts of it. They did not lay very much emphasis on this and they spoke with a certain amount of hesitation about it, but they did indicate that a certain amount of labour for housing might be obtained in this way.

I am anxious to ask the noble Lord who will reply whether everything that is possible in this direction has been done. Is it possible, for instance, to control still further the erection of buildings which might be regarded as unnecessary? A large number of business premises, cinemas, banks, and so on, have been erected and are being erected at the present time. Would it be at all possible to divert some of the labour from these works to the more pressing work required in housing? I am not recommending this and I am not supporting it; I am only asking a question about it. This may possibly be a sentimental solution of the problem, which would cause additional unemployment in various directions while it would not help those whom it was intended to help.

The other proposal that was made by this Committee was much more important. They suggested that the number of apprentices should be very largely increased in the ratio of one to every three craftsmen and that in this way a large number of trained men might be prepared to carry on the enlarged building scheme. This proposal was quite essential to the whole success of the scheme. The noble and learned Viscount who moved the Second Reading of the Housing Bill last year, said:—

"The trade unions have satisfied us that there is a very large supply of labour which is capable of being brought to the aid of these building operations. They have agreed to enlarge the age at which apprentices may be taken and they have agreed to look for apprentices in an active fashion."

In the actual report they were most emphatic on this. They said:—

"The National Federation of Building Trade Employers and the National Federation of Building Trade Operatives, however, have recognised the necessity for using all possible influence to ensure an adequate number of apprentices being taken by employers, and they recently appointed a National Joint Apprenticeship Committee to examine the situation and propose measures for its amelioration."

Now I am anxious to know if it is possible to state how many apprentices have been taken on under the scheme, how many apprentices have actually been registered during these last few months.

I know that at various places apprentice committees have been formed and that in some places they are doing excellent work. In others, however, I am told, these committees exist simply in name and practically no apprentices have been enrolled. In London this proposal has not so far been carried out. The chairman of the housing committee of the London County Council said the scheme to secure additional skilled labour by an extension of the apprenticeship system is still in an embryonic condition as regards the London area, and I believe it is so elsewhere. It is difficult to know where the fault lies. Sometimes I am told that it is due to the parents, who do not care for their children to enter into the building trade. I am told, however, by the headmasters of schools and those connected with work in our clubs that there are a large number of boys who would gladly be apprenticed to the building trade. If I ask employers, I am told that the fault is due to the men, who are afraid of unemployment and therefore do not encourage the scheme. If I ask the men, I am told that the fault is really due to the big employers, who find it too much trouble to take apprentices and who prefer to have skilled workmen.

The point I want to make is that the whole success of our building programme depends upon securing a sufficient number of apprentices who can be trained into skilled workmen. Unless we gain these additional skilled craftsmen this scheme will never carry out what it was intended to do, and at the end of a few years we shall find that the housing problem is still as far from solution as it is at the present time. I know that we may be told that it is very early to judge as to the success of the housing programme, and that it is very early to judge as to whether there will be a sufficient supply of labour available; but I would point out that every year's delay causes the continuance of almost intolerable suffering.

I hesitate to quote actual cases of hardships because it might very easily be thought that I was exaggerating or making a simple appeal to sentiment. A few days ago this House was profoundly Moved as it listened to cases of real hardship among loyalists in Ireland. I believe this House would be not less moved if it realised the hardships that were being endured year after year by people living within a few hundred yards of this House. Let me give only three illustrations, taken out of a large number of cases sent to me by trained and experienced observers. One is the case of a father and mother and five children all living and sleeping in one small room. The walls are verminous and all the children very sickly and suffering from rickets. The next is the case of a father and mother and six children in two small rooms. The walls are verminous, the boards of the floor in holes. The next is the case of a family of six in one room—the husband and wife, a girl of eleven and boys of thirteen, fifteen and seventeen all sleeping and living in one room.

In London. Those cases are not exceptional cases. I could give the House a very large number of cases of this kind. I will only remind your Lordships that the last Census shows that in London alone there are 900 cases of families of six and more living in one room—living, sleeping and feeding in one small room. Can you wonder that such conditions are detrimental to health and that the death rate in these overcrowded districts is far higher than you find it elsewhere? Can you wonder that these conditions bring to naught much of our educational efforts? How is it possible for a child to do its home lessons in a room so crowded? These conditions in many cases make decency almost impossible. They make home life simply a name and nothing more, and I believe that if these facts and conditions were thoroughly realised in the country there would be such an expression of public feeling that no trade interest, either of employers or unions, would be allowed to stand in the way of building a sufficiently large number of houses by any methods which may be necessary, so as to bring to an end speedily a condition of affairs which has too long been a national scandal.

My Lords, I am asking leave to say a few words in support of what has just fallen from the right rev. Prelate the Bishop of Southwark, as I come from the north of England, where the conditions are no less bad than in the south, or in the neighbourhood of London. I think there is really considerable danger that in the great urgency of supplying houses at the present time, we may overlook the necessity, long recognised, of pulling down a considerable number of existing house properties without replacing them at any rate in the area in which they now stand. A programme which aims merely at securing that there should be one house per family, while it would be the means of alleviating the present evil, will not get rid of some of the worst conditions, and there is a great danger that the evils which have long been recognised will be left out of sight, owing to our concentration of attention upon the present programme.

For example, to take only one instance—but it is certainly a typical case—there is one parish, in Ancoats, Manchester, where there are 9,000 people living in an area of a quarter of a square mile. The great majority of the houses in that area were condemned eight years ago. They are still standing, and there is apparently no prospect of their being removed It is impossible to build houses fast enough to make possible the removal of property which at any rate provides a roof. It is no wonder that tuberculosis is rampant in these places. I could add, if it were necessary or desirable, to the tale of hardship and horror which has been put before us by the Bishop of Southwark. It happens that I have heard lately of cases where these conditions obtained. In one case, a member of the family having died, several other members slept in the room where the corpse lay awaiting burial, and the family had their meals in the same room. Then there is the economic result on the rent charged for most inadequate rooms in that same area, and still more in areas close by. I have the case of furnished rooms, so-called, containing bed, table, a few chairs and a chest of drawers, all most decrepit. And the rent will be 12s. 6d. to 15s. a week for the one room. The first thing, therefore, that it seems to me necessary to insist upon in addition to what is being put before us and what is being accomplished by all these efforts—for which we are most grateful—is that merely to build the new houses on the supposition that all the existing house property can be regarded as a permanent asset will not do. We must recognise again that there is a considerable amount that needs to be cleared away before the people have a chance of a decent livelihood.

With regard to the provision of labour something, no doubt, must depend upon the social status of the industry, and here I have come across some rather alarming facts. It is not only that the total numbers engaged in the industry have been tending to decline, when we want to see them increase, but the social standing of the industry in many parts of the country seems to be dropping, and that means that it will be increasingly difficult to obtain recruits for it. I am informed on perfectly reliable authority that in Manchester and its neighbourhood at the present time it is a common thing to find numbers of men in the bricklaying and plastering trades waiting outside the time office for a part of their week's wages to be paid in advance—always, I think it will be admitted, a sure sign of a downhill tendency in the industry. Whenever that tendency begins to increase it means that there is coming a more hand-to-mouth standard of life among the people who show that tendency, and very often there is only about 10 per cent. of the week's wages left to be drawn at the week-end. That always means that the money is getting spent before it reaches the wife and mother of the family, who has to care for the children, and there is hardly anything with which to meet the household expenses.

The figures that are stated for the whole country are, I think, to this extent illusory, that they tend to conceal the fact that we are not meeting the need in the neighbourhood of the great towns where the need itself is greatest. The bulk of the houses are not being built, or at any rate not a sufficient number seem to be being built, in those neighbourhoods. In Manchester five years of certainly strenuous efforts have produced less than 5,000 houses up to date. The pace of building has been increased a good deal lately but not many more than 1,500 houses a year for the working classes can be expected, while of those 500 every year will be subsidy houses built for sale and they will not be capable of being taken by any of the poorer classes. So that it would seem that future progress depends largely on really raising the status of the industry and drawing into it a better class of men, especially in the bricklayers' and plasterers' departments, and a development of that apprenticeship to which allusion has already been made.

I need not say anything more to insist upon the effects either upon health or upon morale, but having made some study—not a very extensive or thorough one, I admit—of the connection of this question with other matters, I should like to point out that there is political health at stake also, for I think there is quite sufficient evidence to show that where you get really bitter disaffection towards the institutions of the country it is nearly always in districts where bad housing prevails. There are other causes of industrial unrest in abundance, but there is nothing which makes the settlement of industrial disputes so difficult as the embittered atmosphere due to housing conditions, which any of us with an ounce of imagination must see at once are of a kind to produce the most profound irritation and nervous fretfulness. There can be little hope of real political and social well-being becoming established in the country until we have genuinely solved this housing problem.

My Lords, the Question of the right rev. Prelate is drafted in terms that admit of a very wide discussion, and as this is obviously one of the most intricate and widely discussed problems of the day, I hope your Lordships will excuse me if I do not attempt to follow all the points raised by the previous speakers or to enlarge upon the merits or demerits of the schemes of successive Governments as compared with each other. I can only hope to indicate with the figures that have been supplied to me, the degree of success that has so far attended the sum total of all the various Government schemes. I can tell the right rev. Prelate at once that the Government intend to continue to base their policy on the Housing Acts of 1923 and 1924. They take the view that the full effects of those two Acts, taken in conjunction with the agreements and negotiations connected with them, have not really yet been properly felt: but up to the present they are working fairly satisfactorily, as the figures which I shall have to place before your Lordships will, I hope, show.

It is, of course, evident that mere figures can only be a very partial guide as evidence of how actual hardship and distress are being relieved, because not only is the distribution of the new houses a very important factor, as the right rev. Prelate who spoke last has pointed out, but it is hard to arrive at a satisfactory conclusion as to the actual number of houses that really are required. Estimates that have been submitted from time to time by local authorities in the past have undoubtedly been coloured by a desire to reach ideal conditions and, also, considerable overlapping has occurred. However, I agree with the right rev. Prelate who spoke last that the figure of two and a half million houses, which the late Government calculated would be required within fifteen years, can be taken as a rough basis with which to compare the figures which the recent schemes have produced. Towards this figure houses built under the three principal Acts, the Addison, the Chamberlain, and the Wheatley Acts, that is to say, houses built with some form or other of State assistance, either by local authorities, public utility societies, or private individuals, number 307,689; under the two latter Acts there are either under construction or authorised another 183,033. In addition, there are a number of houses of working class type that have been erected privately without State assistance, the statistics of which are not really complete, but I understand I am safe in saying that since the War over half a million houses of the working class type have been built by all agencies.

I fully realise that this figure, though it may be satisfactory to statisticians, may be of small comfort to those who, like the right rev. Prelate, are brought into daily contact with the appalling conditions that he described. But the worst cases, as he said, are usually complicated by the problem of congestion and slum clearance, which, I think, lies outside the scope of this particular Question, although, of course, it is intimately connected with it. The Government would be glad to furnish information with regard to the progress of their schemes in this direction, but I will only say now that eighty-four schemes are in process of completion throughout the country, of which sixteen are in London. I think it will be of interest to the right rev. Prelate if I submit the more recent figures showing how the Government housing schemes are actually proceeding at the moment.

The year which ended on March 31 last was a record year as regards house build- ing. During that period 136,689 houses were completed, about half of which were built with State subsidies and about half without; as a matter of fact, 67,669 were built with State assistance and 69,220 without. Of that total 117,817 may be classed as working-class houses. At present, under the Housing Acts, new houses are being completed—I think the right rev. Prelate gave the figure—at the rate of over 7,000 a month, and judged upon the basis of the results last year, during which 69,000 houses were built by unassisted private enterprise, the total for the year represents an annual output of 140,000 houses. I have the authority of the Minister for saying that we are now building more houses than are required to meet the annual growth of the population and are eating into the arrears. I hope that your Lordships' House will agree that these figures are not so black as, perhaps, the right rev. Prelate gave us to suppose they would be. A total of 140,000 houses a year in itself represents 2,000,000 in fifteen years, and it remains for me to try to show whether this rate can be maintained or improved.

It is obvious, of course, that this consideration depends on the two main conditions of the supply of materials and the supply of skilled labour. In reference to the first, there is no reason to suppose that the supply of the ordinary materials used in house construction will be interrupted. In addition, the Government are convinced that houses built by certain new methods can provide satisfactory accommodation and they are of opinion that these new methods deserve every encouragement. With this end in view special financial arrangments have been made for the erection of four different new types in various centres throughout the country. These houses will be open for inspection and the public will be able to judge for themselves as to their utility. In regard to what was said by the right rev. Prelate about the diversion of building labour to luxury building, I understand that under the Act of 1919 powers were given to Government authorities which lasted for two years but that was not found satisfactory. The powers were rarely used and, on the whole, it was found that more difficulty was created by their exercise than by not exercising them.

In regard to the supply of skilled labour, the right rev. Prelate laid particular stress on the importance of the apprenticeship scheme which was started in 1924, and expressed some apprehension as to how that scheme is being adhered to. I need not remind your Lordships that the scheme was designed to provide for an additional supply of apprentices over and above the ordinary number which the building trade normally maintains, which normal figure, as he said, was considerably affected at that time by the War. The Committee which formulated the scheme at the request of the Minister reported in considerable detail on April 10, 1924, in a Report, Command Paper No. 2104. But the decision of the Minister to accept the proposals of the Building Industry Committee as they affect the conditions of contracts for the erection of houses by local authorities, with particular regard to the provision that the apprentices should be encouraged in the ratio of not less than one to three craftsmen employed on the work, was only communicated by circular on February 3 of this year and applies only to tenders asked for after that date. It is, therefore, really too early to form a conclusion as to the success of the scheme of apprenticeship and it has not been possible yet to obtain statistics as to the results, though by the end of the year I believe the Ministry hope to be in possession of much more detailed information.

In relation to what was said by the right rev. Prelate concerning the instances of failure to observe the conditions of these contracts, I can only say that the Ministry have not had any case brought to their notice of the direct evasion of responsibilities entered into by any of the parties to these agreements. The conditions, of course, vary enormously and the application of the new scheme of apprenticeship to those conditions can only be effected and its results appreciated gradually. But the Minister is making every effort to ensure the success of this scheme and although, as I have said, there are no statistics available, the evidence of competent observers goes to show that steady progress is being made with this apprenticeship scheme. If the right rev. Prelate can point to any specific case or evidence to the contrary I will undertake to bring it to the notice of the Minister.

May I conclude by saying that the Government is fully alive to the detrimental effects of the hardships resulting from the shortage in houses? But it must be remembered that the question is only partially a political one; that attempts to adapt the ordinary laws of supply and demand and the established custom of the building industry must be conducted with circumspection and caution, otherwise, as has been proved before in dealing with this very question, the last state may be worse than the first. The progress as shown by the only really reliable index—the number of houses built and building—is at any rate in a more hopeful condition than it ever has been before, and the Government are resolved to continue to press forward with the two Acts which they are already operating, with the greatest possible energy.

My Lords, your Lordships have listened to three speeches, two of which were of a different type from the third. The two right rev. Prelates who have spoken both spoke with that deep feeling which comes from personal contact with a genuine evil. The Lord Bishop of Southwark addressed us with a full sense of contact with what he encounters in his daily life. It was a pleasure to me, to listen to the second right rev. Prelate, who has gained great, distinction in connection with social questions in this country and who, I hope, will also often address us as he has addressed us to-day. Now, the two right rev. Prelates dwelt on the case from the point of view of the evil which they observed—an evil which, they rightly said, called for as drastic a remedy as we could apply.

Then we had the speech of the noble Viscount opposite who told us what the Government and, indeed, successive Governments had been trying to do to remedy that evil. I listened with great pleasure to the speech of the noble Viscount because I thought it was a thoroughly business-like speech He gave us the facts as nearly as he could and he has left us to judge whether what is being done is enough to satisfy the standard which has been set up by the two right rev. Prelates. It is extremely difficult to judge of that. How fast you can go in dealing with this building difficulty is a question on which I should be very sorry to pronounce. I had to look into it in some detail because I was responsible for piloting the Housing Act of 1924 through your Lordships' House. We sifted the question in some detail. The programme then was, as the noble Viscount has said, to erect 2,500,000 houses within sixteen years. The noble Viscount told us what progress had been made in the accomplishment of that idea and I should like to spend a minute or two in examining his figures. First of all, adding together What has been done recently—not last year but in recent years—I gathered from him that out of the 2,500,000 required 307,000 houses odd had been built and 183,000 were being built.

Yes. Then the noble Viscount added that 500,000 had been built by private enterprise.

I do not think I made myself clear. I said the total number of houses built under the Government scheme, together with the estimated number of houses built without Government assistance of the working-class type, amounted in all to over 500,000.

Then what has been done by private persons must be very little, because if you add the 307,000 which are built under the schemes of the Act to the 183,000 which are not yet built but are being built, the total is very nearly 500,000.

I must explain one further thing, and that is that the statistics of the unassisted houses have been available only for the last two and a half years.

Yes, but they have resulted in a very small total indeed from private enterprise, and that is what we rather feared. I will tell your Lordships why we feared it. No doubt private enterprise is always ready to build houses, but houses for the working classes are not the form of investment looked to by private enterprise. There is a large number of people in this country who do not belong to the working classes, but who belong to the lower middle class and who want a better type of house and are ready to pay for it. It is for them that private enterprise builds and those houses do not fall within the 2,500,000 required. I am not surprised to gather from the official figures with which the noble Viscount has furnished us that within the category of working-class houses what has been provided by private enterprise does not amount to anything very great.

Then the noble Viscount did not tell us very distinctly within what period of construction the 500,000 fell, but I take it that it goes back to the time of the War when this agitation begun. That takes you back seven years, and the provision of 500,000 houses within seven years is not a very large provision when you have to get 2,500,000 in order to satisfy what is necessary. The 2,500,000 is a figure which dates from last year. It was Mr. Wheatley's figure, based upon taking into account what had been done by his predecessor in office under the Housing Act of 1923. Therefore it does seem that we have a very big problem to solve. In saying that I am not making reflections upon the exertions of successive Governments, because I think their task has been an exceedingly difficult one. The noble Viscount told us that at present about 140,000 houses are being built a year. I think that is a very respectable contribution to the solution of the problem if only it is kept up. The worst is that we are so much in the region of expectation and of hopes here, and our expectations and hopes almost always seem to fall short. We certainly have not realised anything approaching to them in the years that have passed. If it be really the case that the Government have solid reason for thinking they are to get 140,000 houses a year then they are doing very well. That will not give 2,500,000 within sixteen years, but they are giving a substantial contribution to-day.

I move about to a certain extent and I see everywhere, in small towns and villages, building going on now. I think there is a real improvement in the spirit in which the public are approaching this question. The difference between the Act of 1923 and that of 1924 was that the Act of 1924 looked to the local authorities rather than to private enterprise. Government assistance, at all events, was given preponderantly to the local authorities. That was a good thing and I think the Government have wisely not repealed the Act of 1924. It is there for the local authorities to use, and I am bound to add that for the purposes of the large cities, for such places as the Bishop of Manchester alluded to and hardly less for such problems as the Bishop of Southwark dealt with, I think it is only the activities of the local authorities that will be adequate to the task which has to be faced.

Therefore I should be glad to know from the noble Marquess who leads the House, if he replies on this debate, to what extent the local authorities are not only being looked to but to what extent they are co-operating. They did take up these things very vigorously in the early period of the Act of 1924, and then things passed to the present Minister of Health who, I think, has shown great energy in the discharge of his duties, but what I would like to know is whether those energies have been directed to enlisting the assistance of the local authorities, to whom I am pretty sure we must look if we are to hope for anything like success in dealing on a sufficiently large scale with the problem that is before us. I can only say in conclusion that I think it is very satisfactory that this House should discuss these questions. I think we are under an obligation to the right rev. Prelate for having raised this matter. I hope that on subsequent occasions your Lordships will more and more discuss these social problems, because I think that more and more your Lordships are being looked to to take an increased interest in them.

My Lords, I have really very little to add to the very complete statement of figures which has been made already by my noble friend who spoke on behalf of the Government, but I may say in two or three sentences, in reply to the noble and learned Viscount, the Leader of the Opposition, that he is quite right in his statement that there is no desire on the part of the present Government to repeal the Act of last year. We approach this subject absolutely impartially. We are deeply impressed—I was going to say as deeply impressed as the right rev. Prelates, but probably they are so intimately associated with the subject that they feel it even more than we do—but we are as deeply impressed as possible with the overwhelming necessity of providing housing accommodation, and no question of whether we approve or disapprove of the particular provisions of the Act of last year is going to prevent us from working it for all it is worth. We believe that the Act which is associated with the name of my right hon. friend the present Minister of Health is a more effective Act than the Act of last year, but if local authorities wish to proceed under the Act of last year by all means let them do so. In the face of this great public necessity I need not tell your Lordships that no question of our former opinion as to which was the better Act will tempt us for a moment to interfere with the working of the Act of last year if it should appear to be appropriate in the opinion of the local authorities.

The noble and learned Viscount went through a good many figures and apparently was not impressed with the total of 500,000 houses which have been constructed since the War. He said that it was over a period of seven years. That is quite true. I wish the speed of house building had been more rapid. The important figure, however, is not what has been built in the past, but what is being built now, and therefore he was well advised to deal with the figure of 140,000 this year. I would remind your Lordships that this figure is larger than any for a single year. It is what is called, in the common jargon of the day, a "record," and that is satisfactory, but it is not only a record but, according to all the information at our disposal, it is already eating into the arrears. This large number of houses is sufficient to make good the annual increase in the population and also it is actually eating into the arrears now—not rapidly enough I agree, but it is tending to diminish the severity of the problem and that is a very important point.

The noble and learned Viscount asked what guarantee we have that this pace will be maintained. I was rather surprised at that question. I see no reason to doubt it. At any rate, so far as the Government are concerned, we are doing all we can not merely to continue this pace but to stimulate it still further, and we are imposing upon every contract under the. Housing Acts a condition that for every three craftsmen there shall be an apprentice. This condition is made in every contract. Where local authorities are building direct it is laid down that this proportion of apprentices shall be added, so that already a beginning has been made towards increasing the number of building operatives. It is not possible to give the result of this plan because it has only just been brought into force, and no statistics are yet available. But at any rate that is one example of the efforts which His Majesty's Government are making. There are, of course, other examples. There are the methods of new construction. As your Lordships are aware the Minister of Health has been very interested in pushing forward experiments in new construction with a view to using them. I think I am correct in saying that at this moment there are 19,000 examples, of one sort or another, of houses that are being built under the new construction methods, that is, constructed otherwise than by bricks. Most of them are concrete. There, again, is an opportunity for increasing the pace at which houses may be built, and it is evident that if these methods of new construction are finally approved by the local authorities who are to use them, as we hope, then a much larger number of labourers will be available than at present, since a great many of these houses can be built with unskilled labour. That is another way by which we hope to increase the number of labourers. These two examples show that there is no reason to apprehend that the figure of 140,000 houses a year will be diminished—on the contrary. Speaking for myself, I earnestly hope it will be increased.

The noble and learned Viscount also asked whether local authorities were continuing to act under the Acts. I think the figures which I have here may be of interest. Under the Housing Acts, 1923 and 1924, apart from the houses completed, there were on July 1 under construction 62,000 houses; houses definitely arranged for, but not yet started, 55,000; authorised, but not yet arranged for, 65,000; in all a total authorised but not yet completed of 183,000 houses. No doubt most of these, probably nearly all, are being built through the agency of local authorities. I think that will probably be a sufficient answer to the questions of the noble and learned Viscount.

The Territorial Force

rose to call attention to the state of recruiting in the Territorial Army, and to move for Papers. The noble Lord said: My Lords, those members of your Lordships' House who ask questions on matters connected with the Army or Navy are in a fortunate position. In my opinion this House was not treated too generously when the offices of the present Government were distributed last November, and questions concerning most Departments have to be answered by noble Lords who are not directly responsible for those Departments. Not that their answers are any the worse for that., and after the exceedingly able exposition of the noble Lord who replied for the Ministry of Health this afternoon it would be most ungracious on my part to suggest anything of the kind. But it is an excellent thing that in this House we have direct representatives of the War Office and the Admiralty in the persons of the two noble Lords who act as Under-Secretary of State for War and Civil Lord of the Admiralty respectively.

The question I raise this afternoon is a matter of very great importance, and more important now than it was before the Great War, for reasons which I will refer to later. In raising it I need not say that I have no desire to embarrass the Government. I desire to help them—and I raise it for another reason. In his speech just now the noble Viscount, Lord Haldane, said that he thought it was a good thing that matters relating to local government and the like should be debated frequently in this House. I agree, and I think that matters concerning the Forces of the Crown should be debated at frequent intervals in your Lordships' House. After these few preliminary observations I will pass at once to the point I wish to make.

I take, first of all, the figures I find on page 94 of the General Annual Report of the British Army, which was issued with the Army Estimates this year. I find that in 1913 the establishment of the Territorial Army of Great Britain was 312,400, and the strength was 245,779. In 1922 the establishment was 179,622, and the strength 134,769. In 1923 the establishment was 180,089, and the strength 140,626. In 1924 the establishment was 180,132, and the strength 142,804. I take next the figures on pages 120 and 121 of the same Report, which give the increases and decreases of other ranks of the Territorial Army—the figures I have given refer to all ranks. For the year ended September 30, 1924, I find that the total increase from all causes was 36,606, and the total decrease 34,277, which gives a net increase for the year of 2,029. That is apart from an increase of 5,946 in the year 1922–23, and of 562 for the year 1921–22.

At the risk of wearying your Lordships—this is a very important point—I will take some more figures which will be found on page 90 of the General Annual Report, which gives the strength and establishments of certain Territorial Divisions that I have picked out. I find that the strength of the Territorial Army Division appears to vary a little in different Commands. I think that the figures vary in the Royal Corps of Signals but the variations are not material, and accordingly I take the establishment of a Division as 400 officers and 10,150 other ranks. I find that on October 1, 1924, the 51st (Highland) Division of the Scottish Command had a strength of 329 officers and 9,201 other ranks: the 50th (Northumbrian) Division of the Northern Command had 333 officers and 8,540 other ranks: the 48th (South Midland) Division had 338 officers and 7,721 other ranks. I then come to the London Divisions which are given together, the 56th and the 47th. They had, on October 1, a strength of 637 officers and 13,773 other ranks, which gives an average for each division of 318 officers and 6,886 other ranks. I come to the 44th (Home Counties) Division of the Eastern Command, with 336 officers and 7,430 other ranks, and to the 54th East Anglian Division of the Eastern Command, with 318 officers and 8,130 other ranks.

I now pass to the strength at May, 1925, taken from the last figures that I have. I find there that the Highland Division, taking other ranks only (the officers do not change much in any division), have a strength of 9,292, an increase of 91; the 50th (Northumbrian) Division have 9,658, an increase of no less than 1,118, which is most creditable and makes it the leading division in Great Britain; the 48th Division have 7,833, an increase of 112. I come to the other side of the picture. The strength of the two London Divisions was 13,530, a decrease of 243, while the 44th (Home Counties) Division decreased by 361 and the 54th (East Anglian) Division by 147.

I think that these figures show that the Territorial Army is only just holding its own, if it is doing that, and, unless recruiting becomes a good deal better, I have reason to think that we shall again finish up on October 1 somewhere about 35,000 or 36,000 men below establishment. I had figures given to me just before I entered the House with which I will not weary your Lordships but which indicate that 5,000 recruits enlisted in June. That, of course, is very good; but against that I understand that about 3,000 men—no doubt they were time-expired men—went away. I would point out to your Lordships that this is a very crucial year. When the Territorial Army was re-formed in 1920 and 1921 the bulk of the men, of course, joined. Vast numbers of men went away on the termination of their engagements last year and further vast numbers were due to go away this year. One question to which I should particularly like an answer from the noble Earl when he replies is: How many of those men are still to go away, and does he think that their numbers will be filled by the recruits who are likely to come forward?

It may be argued from the figures that I have given the House that most of the Divisions are not very bad and that a good many of them, like the Northumbrian and the Highland Divisions, are very nearly up to strength, while others are approaching strength, so that there is nothing very much to be alarmed about. I am quite aware that there are very good features about the recruiting and in various parts that I have quoted and others, such as Birmingham, for instance, where I understand that the battalions are very nearly up to establishment, the position is quite satisfactory. But I would remind your Lordships that the establishments are very low, compared with the establishment of 312,000 before the War. You have, I think, an establishment of 180,000 now, and you cannot even get that. The establishment of an infantry battalion is extraordinary low—only 20 officers and 636 other ranks. Some units are lamentably weak. I will take only two, so as not to weary your Lordships with too many figures. I happen to be familiar with both of them. They are the 5th Battalion of the City of London Regiment, which on October 1—I have no other figures but those of the General Annual Report—had 16 officers and 312 other ranks, and the 7th Battalion of the Middlesex Regiment, which consisted on the same date of 18 officers and 367 other ranks. It is quite obvious—indeed, I know it for a fact—that, when all deductions are made for men away sick, for absence with or without leave and for a hundred and one other causes which prevent men from going out to camp, neither of those battalions went to camp much above a strength of 250 in one instance and 280 in the other.

I need not remind any of your Lordships who have the very faintest acquaintance with military matters that it is a most disheartening thing for a commanding officer and captains of companies to carry out what should be the climax of the year's training with skeleton units. I do not deny that the average Territorial is probably more efficient in his duty than was the old Volunteer. This is no disparagement to those gallant and patriotic men who, from the year 1859 and for nearly fifty years after, came forward and took their place in the, ranks of the Volunteers until the Territorial Army as we know it was formed by the noble and learned Viscount opposite; and, I must say, thanks mostly to his initiative, proved such a wonderful standby and reserve even in the early days of the War.

Here I should like to digress for one moment, if your Lordships will permit me, in order to pay a compliment to two noble Lords whose assistance in laying the groundwork of the reorganised Army was exceedingly important but, I think, too little recognised. I refer to the noble Marquess, Lord Lansdowne, and to the noble Earl, Lord Midleton, whom I am glad to see in his place. The noble and learned Viscount opposite will rightly go down to history as a very great War Minister, but I think that he would be the first to admit that the work of those two noble Lords in the reorganisation not only of the Regular Army but of the Territorial Army greatly helped him in his work of reconstruction—I refer to the work that was done by those two noble Lords in the days before, during and after the South African War, when we first began to organise our Army on modern lines.

I have said that the Territorial is probably more efficient than the old Volunteer, but, for all that, I do feel that the shortage of men is serious and the fart that, five years after the Territorial Army has been re-formed, we cannot even get the modest establishment of 180,000, is a serious matter which requires some explanation, and the House must remember that now we are in a different position to that in which we were before the War. Before the War we had a Special Reserve, we had a very strong Army Reserve, and the Regular Army was stronger than it is now. The Special Reserve was about 80,000, and the Territorial Army was about 245,000 the year before the War. Now we have a far weaker Regular Army, the Army Reserve is exceedingly weak, the Special Reserve does not exist, and we have a Territorial Army of round about 140,000 men.

What is the reason for the reluctance of officers and men, and especially men, to come forward and give the limited amount of service required in the Territorial Army? I have had a considerable amount of experience of this Force, because during the last four years of my military service I was on the Staff of the London District Command, and in close connection with the Territorial Divisions, and after leaving the Service I was secretary to the Middlesex Territorial Army Association. Very great efforts were made between 1920 and 1924. In 1921 Princess Mary presented Colours. In 1922 His Majesty graciously reviewed two Territorial Divisions in Hyde Park, and many schemes were undertaken on behalf of the Force. Lord Lucan, whom I see present, can bear me out with regard to what was done in the City of London; but in spite of all these facts, of all these hard-working and untiring efforts, the results were exceedingly poor. In the first place war weariness was adduced. I think it is getting a little too late to adduce that reason only. There must be something else. One reason that officers gave for not joining or, having joined, for leaving, was the expense in connection with camp and training. I hope the War Office have taken that into consideration, and I expect they have clone so.

Now I come to one important question which has a good deal to do with recruiting, although those mentioned are not directly concerned with the matter. I refer to the question of the Terrfitorial Army Brigadiers. Are the Army Council quite certain that they always get the best men I know it is a delicate question, because it might be thought that I was attacking these distinguished officers and their capability, but nothing is further from my thoughts. I know that the greater number of the senior officers of the British Army are second to none in their military capacity, but it by no means knows that an officer who has reached the rank of Colonel, and who is possibly sent from the staff of the War Office to command a Territorial Army Brigade, is the best man for the job. A Territorial Army Brigade in time of peace is peculiar and requires peculiar qualities in its Brigadier. Those who know the Territorial Army will agree with me as to that. Another thing which I should like to mention is that these Territorial Army Brigadiers, to whom I have been referring, suffer from a reduction of emolument, because if, say, a colonel leaves a first-grade appointment in the War Office for a Territorial Brigade, he at once drops from £1,400 to £900 a year. I think that is a matter to which the War Office might give very careful consideration.

There is one other important matter which does not bear directly upon what I have been saying, but as I have given private notice to the noble Earl that I was going to raise the matter I hope he will make no objection. It refers to the enlistment of men for the Technical Reserve. As the House is aware, about a year ago it was decided to enlist tradesmen and skilled artisans for a Technical Reserve, to take their places, I think, in the Territorial Army and also the Regular Army, in an emergency. For some reason this move was strongly objected to by a great many of the trade unions, especially. I think, by the National Union of Railwaymen. A good deal of correspondence passed and meetings took place, and I think the last we heard of it was that in his speech on the Army Estimates the Secretary of State for War, in another place, said he intended to get these men, he hoped with the help of the trade unions, but if necessary without them. I should like to hear from the noble Earl what has happened, and whether men are forthcoming for this Technical Reserve.

Now, criticisms such as I have made without suggestions are of no use, and I am going now to advance three suggestions which I hope may be of use to the War Office and the Government. Firstly, I think you have got to realise that the Territorial Army, thanks to causes which I have mentioned—the absence of the Militia and the Special Reserve and the smallness of the Regular Army—has become of greater importance than ever, and you ought to try to raise its status in every way. I should begin by raising the status of the head of the Territorial Army. I should like to see the Director-General on the Army Council. I am aware that the Territorial Army is the special province of the Under-Secretary, who, I dare say, discharges his duties well and sympathetically, but I do think that something more is required, and that the military head of the Territorial Army should be on the Army Council as well. If the noble Earl will forgive me, I would remind him that he was absent at Geneva for about two months earlier in the year, no doubt on very important national business, but hardly on business connected with his position at the War Office, and one rather wonders what guardian angel looked after the interests of the Territorial Army during his somewhat protracted absence.

My second suggestion is that from a certain date—it would not affect existing positions—no officer should be appointed to the command of a Territorial Army Brigade, or to the Directorate of the Territorial Army in the War Office, who had not either served as adjutant of a Territorial unit in time of peace, or served on the Staff of a Territorial Army Division. The third suggestion is that there should be a thorough canvass of employers. I do not know whether the War Office have carried out one already—rather think there was one a few years ago—but I should like to see another, and encouragement given to employers to form their shop or works units, such as companies, batteries or platoons. I do not see why we should not have a King's Roll. As you had after the War a King's Roll for employers who employed ex-soldiers, I do not see why you should not have a King's Roll for employers whose men join the Territorial Army.

I have tried in this debate not to exaggerate in any way or to paint too black a picture. There are some very bright spots in our Territorial Army—namely, Scotland and the North, Birmingham and, to a lesser degree, Lancashire. There are, in my opinion, some very dark spots—London, Bristol, East Anglia and the Home Counties. I should like to hear from the noble Earl when he replies whether he thinks that the Territorial Army is going to increase in numbers, to remain stationary or to decrease in numbers, and in the two latter cases what steps the War Office intend to take in the matter. Taking the figures again—and I do it because they are of great importance—when I see that we have a smaller Regular Army than before the War, necessarily a smaller Army Reserve, no Militia or Special Reserve, a Territorial Army smaller by 105,000 or thereabouts than was the case in 1913, and when I compare that with our commitments, which seem to me sometimes to be rather overwhelming, I cannot consider the position satisfactory. We live in an age of gestures—at least I do not think we do now quite so much as we did a year ago; we are gradually emerging to sanity again—but although gestures and diplomacy may do a great deal they cannot excuse a nation for neglecting its armed forces.

Whatever power for the preservation of peace the League of Nations may be in the near or distant future, as practical people we should in these matters live in the present and see that, our land, sea and air forces are ready in numbers and efficiency to do what they may be asked to do. Sometimes these debates do good, sometimes they do not. I have tried to initiate this debate in a spirit of helpfulness. I have thrown out one or two suggestions which, although they may probably not be acceptable as they stand, may at all events form the basis of discussion. It is my earnest hope that this debate may help the War Office to elucidate this problem, a very difficult and sometimes disheartening problem, but one that must be solved—namely, that of providing sufficient and suitable officers and men for His Majesty's Territorial Army. I beg to move.

My Lords, the figures that my noble friend gave were exceedingly eloquent, but I think that your Lordships will have been very much impressed with his concluding sentences, in which he pointed out that this question of the Territorial Army is not one which affects that force alone but which must be regarded in reference to the general commitments of the country. I do not propose to speak at large on that question, but I cannot help pointing out that we are at this moment in a position with regard to the Army in which we are not with regard to the naval forces of the country. In the controversy which is raging at this moment, independent members of Parliament are in one respect in difficulty because they do not know how far the policy of the Government goes, and until they know exactly what that policy is with regard to the distribution of naval forces they cannot, of course, be fit to judge of the necessity of the additional cruisers which ape, demanded.

With regard to the Army, unfortunately, we are not in that position at all. Everybody knows that the commitments of this country and its undertakings abroad are not less, but more, than they were in 1914. As my noble friend has eloquently shown our means of meeting them are exiguous compared with what they were in 1914. What is the position of the Territorial Force? In 1914 it stood third; to-day, it stands in the second line. In 1914 the Regular Army could mobilise six divisions and had a very large Special Reserve behind it as well as its own reserve. To-day I very much fear that my noble friend on the Front Bench (Lord Onslow) could not promise us that we could send six divisions, or even four divisions, to France. If necessary, we might send three. Behind that stands the Territorial Force and the Territorial Force alone; and the Territorial Force, as my noble friend has just shown us, is on so small an establishment that it would be impossible to mobilise one battalion as a battalion; you would, in every case, have to throw two battalions together in order to produce even the modicum of men who are required in the field. That is a most serious position. I am not attacking the Government. I know the conditions in the country, but I do say that it causes us to give the gravest possible consideration to the Motion which has been brought before the House to-night.

One other thing I think we have the right to say. It is quite clear that in the present state of the national finances the offering of further inducements to the Territorial Army will present a difficulty, if they are to take the form which a large number of Territorial officers regard as necessary—namely, some bonus or retaining fee offered to those who undertake the very great liability which the Territorial Force now undertakes. If such a bonus or retaining fee is to be provided it can only be provided by drastic economy in some other direction.

The position of the Secretary of State for War and the civil side of his Office is one of the greatest possible responsibility at this moment, and I must say that I was astounded, and I believe your Lordships would be astounded—nay, I was more, I was disturbed, to hear that, with the Regular Army in its present condition, with the Territorial Force calling for an effort in which the whole force of the War Office, on the civil side especially, must be engaged, it is in contemplation, if the newspapers are correct, that the Secretary of State for War, for the first time in living memory, should leave this country for several months in the autumn, at the very time when the Estimates are being considered, when, if there are to be drastic cuts, they must be, made, when, if there is to be a demand upon his colleagues for the Territorial Force, that demand must be pressed. Yet at that very moment it is proposed, for really no reason of public advantage that I can imagine, that the Secretary of State for War should be absent for some months from this country. I sincerely hope that that project, if it has been entertained, will be abandoned. I appeal to the head of the Government, I appeal to the noble Marquess who leads this House, the representative of the head of the Government, that this ususual course should not be taken at a time when we are really not in a condition, as far as the War Office is concerned, to fulfil any one of the engagements which His Majesty's Government have recently entered into. I say that with a full sense of responsibility.

Those of us who have served at the War Office—and I served there in various capacities for twelve years—know that it takes years to raise the standard of a particular force. You may lay down larger establishments. You may ask for larger quantities of equipment and ammunition; but in the present condition of the finances of this country you will not be able to carry that out in a hurry. In regard to the Territorial Force, if the Government decide to offer special inducements to men to join and to adopt the various suggestions made by the noble Lord, Lord Templemore, it will be years before they can come fully into effect and before their full advantage will be felt. Therefore, I would ask the noble Earl, Lord Onslow, to tell us that all the efforts of the office which he represents will be applied this autumn in a determined endeavour to relieve us from a state of things which I venture to say is dangerous to the country. Then, in regard to the figures, the more your Lordships study them the more astonished you will be that there should be a reduction of the forces at a time which might become one of great difficulty.

My Lords, the noble Lord, Lord Templemore, has made suggestions to the War Office in regard to recruiting for the Territorial Force, but I very much doubt whether there is anything more they can do than they are doing. My experience is that they encourage recruiting in every possible way. The Territorial Army to-day has three chief enemies—women, trade unions and motor bicycles. So far as the women of this country are concerned, not only do they resent their husbands and lovers spending their week-ends and evenings in soldiering instead of going out with them, but there is no doubt that since the War a great many women have got it into their heads that a man who joins the Territorial Army is running an imminent risk of being killed; and they naturally dislike the idea of their husbands and lovers being killed in the near future. It is very unfortunate that they should have such an idea but they have it and it has to be reckoned with.

In regard to the motor bicycle, it is worth while remembering that in pre-War days the only way that the average young man had of getting out into the country was by joining the Territorials. He now finds it much easier, and from his own point of view more amusing, to ride a motor bicycle and get into the country by that means. In regard to recruiting I think the Government do everything they can to encourage employers to encourage their men to join the Territorial Forces. I think that most employers do all they can to encourage their employés to join the Territorials. No doubt the giving of more money to the Territorials would encourage recruiting still further, but that is not at present within the power of the War Office.

My Lords, before the noble Earl, Lord Onslow, replies on behalf of His Majesty's Government, may add a few remarks upon this important subject? I happen to be a member of a Territorial Association and I have had a good deal of experience of recruiting. I think that the War Office might take this further action to encourage recruiting. They should organise a campaign of publicity in regard to the Territorial Army. There can be little doubt that up and down the country the importance of the Territorial Army and the functions it is now called upon to perform in its reorganised condition have not come home to a vast number of citizens of this country. I do not wish to detain your Lordships, but I should like to repeat the words which fell from the Secretary of State for War during the present year concerning those functions of the Territorial Army. From his place in the other House and in his appeal to the County Territorial Associations, the Secretary of State, having taken the unprecedented step of meeting the Council of the Territorial Associations, accompanied by my noble friend Lord Onslow, emphasised the importance to the realm of the duties fulfilled by the Territorial Army, in defending our homes and in regard to Imperial defence. He said that the Territorial Army should be the accepted medium of the expansion of the Imperial forces of the country; that it was not on all fours with the Territorial Army as we regarded it before the War. He also said that on mobilisation the units of the Territorial Army would be brought up to their full strength, that is, their war strength, and that each division would throw off another division.

I have no wish to repeat the figures that have already been placed before the House. They speak for themselves. They speak still more eloquently, I venture to think, when we know and appreciate the fact that while we have not yet raised the peace establishment of the Territorial Army, in the event of mobilisation the war strength would have to be completed and after that the War Office would have to see that the divisions were duplicated. Surely the implications of that are clear—namely, that it is more important perhaps than anything else to ensure in the Territorial Army at present a peace establishment of very highly-trained noncommissioned officers, capable of giving the training which would be essential if the schemes I have indicated are to be carried out. I venture, therefore, to thank the noble Lord, Lord Templemore, for bringing this subject before your Lordships this afternoon. There are many noble Lords connected with County Territorial Associations who will be glad of the opportunity he has afforded them of discussing this matter, and I hope that your Lordships may hear something encouraging from my noble friend Lord Onslow.

May I add one or two suggestions to those made by the noble Lord, Lord Templemore? First of all I should like to recommend a campaign of publicity in regard to the Territorial Army throughout the country both in the public Press and also indirectly by the War Office through the means they have at their disposal. There are a number of small points of which those who are intimately concerned with the Territorial Army at the present time are aware and which cause a great deal of dissatisfaction, but I do not wish to embark upon a discussion of them. I would, however, recommend to my noble friend that just as there is now a Reserve of Officers a reserve of highly-trained non-commissioned officers should be formed for the purposes I have already mentioned.

I will take another opportunity of asking the War Office to see if they cannot do more to encourage the cadets. You have here a potential source of recruits not merely for the Territorial Army but, as was the experience at the outbreak of the War, at any rate in certain parts of the country, for the Regular Army. I would also like to appeal to my noble friend to carry out more actively the policy that has been adopted with regard to improving what is called the social accommodation of units up and down the country. This may not sound a first-rate matter, but it is a point which does make, and has made, an enormous difference in many parts of the country. May I also endorse the appeal of my noble friend Lord Templemore that greater general encouragement should be given to the Territorial Army, and that the War Office and the Government should take into very serious consideration his suggestion that the Director-General of the Territorial Army should have a place on the Army Council?

I venture to think that the Territorial Army justified its creation under the able administration of the noble and learned Viscount opposite, to whom we all owe a debt of gratitude for the Territorial Army. In the War it justified the high hopes that were entertained of it, and I would respectfully urge upon my noble friend and the War Office that they should, at any rate, consider the suggestions which have been put forward to-day with regard to helping the Territorial Army, which can be such a power for good not merely to the War Office from the military point of view, but from the point of view of the development of sound and patriotic citizenship.

My Lords, the Question on the Paper is one which deals entirely with the Territorial Army, but my noble friend Lord Midleton has, I think, traversed a good many other subjects. He discussed the question of naval policy, and, in fact, the general policy of the Government, and economy and the newspaper reports of the suggested travels of my right hon. friend. I am afraid I cannot deal with these matters, but I will refer to one matter which is not really in the Question. It is a matter that was touched upon by Lord Midleton and by my noble friend Lord Templemore—namely, the question of the reserves of the Regular Army. That is quite outside the Question on the Paper, but possibly it is germane to the subject.

The normal strength of the Regular Reserve is 113,702, and the actual strength on July 1 was 91,878, and we estimate that by April 1 next this figure will rise to 95,186. As regards the Infantry of the Regular Army our reserves are adequate. The deficiency which exists at present is temporary and is due to various short service engagements with the Reserve, which obtained in the period after the War. The deficiency, as your Lordships will observe, is gradually being made good, and except in certain departmental classes we confidently expect it will disappear altogether in the course of the text five years. This deficiency would be reduced if the policy of premature transfer to the Reserve were adopted in future years. I ought, perhaps, to add that in order to make provision to meet minor emergencies, without a general calling up of the Reserve, Section A of the Reserve has been re-opened to admit 3,000 men who are prepared to meet the extra liability for an additional 6d. a day. Approximately 1,000 of these men have been engaged, and we expect to enrol the remaining 2,000 during the present financial year.

As regards the Territorial Army, the war establishment of the existing units of the Territorial Army, excluding officers, is about 317,000 all told, and the peace establishment is, roughly speaking, 60 per cent. of that—that is to say, with the exception of the anti-aircraft units and the coast defence units whose peace and war establishments are the same, the strength of the. Territorial Army on July 1 (that is the latest figure I have) was 141,550. Your Lordships therefore will see that we are short of the peace, establishment by slightly more than 34,000 men. I ought also to add that we are short by about 1,500 officers.

My noble friend called attention to various figures of the Territorial Army at various dates. I could not quite follow them all, but he certainly gave figures for dates in October, 1924, and May, 1925. The strength in October, 1924, was 136,708, and in May, 1925, it was 135,378. I ought to say that on March 31 it was 133,268—that is to say there was a falling off between October and March 31 and a slight increase in May. There always is a falling off in recruiting after camp, but in the spring of each year recruiting begins to increase in view of the camp which is coming on and this has been notably the case in the present year. The drop in the figures which I just quoted has also been accentuated by the loss of a number of men who joined when the Territorial Army was reconstituted and whose four years have now run out. The question which was put to me by my noble friend Lord Templemore about the number of men leaving in that way I am afraid I cannot answer offhand. We could get the figures by asking each Command, but I have not them here at the moment. A certain number of men are dropping out now owing to the termination of their engagements, but in spite of that the present strength of the Territorial Army is 141,550 and that is the highest figure since its reconstruction. I think my noble friend mentioned that there has been a considerable increase in enlistments this year. He mentioned a figure for July of over 5,000.

Yes, the first of July. The figures for the end of May were 6,241, so that both those months are, I think, very satisfactory. My noble friend called attention to the weakness of certain units in the London district and Home Counties and contrasted that with the strength of units in divisions in the north. It is difficult to give reasons for this. As my noble friend very truly said the north is better than the south. For instance, the 50th Division only wants 54 officers and 430 other ranks to complete the establishment. The 47th, again, require 83 officers and 3,811 other ranks, and the 44th (the Home Counties Division) 68 officers and 3,084 other ranks. The 51st (Highland Division) is not quite so good as the 50th, but it is very good. It requires only 66 officers and 853 other ranks. The percentages of the population who are serving in the Territorial Army is higher in Scotland than in the Northern Command, and the percentage in the Northern Command does not differ appreciably from the percentage in the Eastern Command. As regards the Western Command the figures given are better than the Southern and Eastern and London Commands. It is difficult to say what is the reason for this, though, as Lord Raglan suggested, motor bicycles, and so on, may be attributed as a reason why the figures in London are not so encouraging as they might be. Still, it is difficult to account for, but there they are.

The noble Lord, Lord Templemore, drew attention to the Supplementary Reserve. It is not part of the Territorial Army; it is part of the Regular Army, though its organisation is partly in the hands of the Territorial Association. I do not think we need be too pessimistic as regards this force. It has not been in existence very long, and there have been certain difficulties and disagreements in regard to its formation and its recruitment. As regards its present state, the figures are as follows. Of the 7,957 other ranks of the establishment of category B, 2,541 have been recruited. The railway recruits are coming in satisfactorily on the whole. In category C. of the establishment of 12,682, 6,029 have been recruited. A charge has been levelled against this Supplementary Reserve that it interferes with recruiting for the Territorial Army. To a certain extent that was the case at the outset, and the attraction of this Supplementary Reserve may have operated against certain Territorial units, such as the Royal Engineers, for example. I have examined the whole matter, and I think the competition cannot be said to have been a serious danger to the Territorial Army.

There is another force belonging to the Territorial Army which has been recently instituted, and that is the anti-aircraft unit. These units are on the same establishment for peace as for war, but so far only about 33 per cent. of the establishment has been recruited. These units have only been established for a short time and they are handicapped in not possessing the buildings they require. These are now being provided and the units are becoming more capable of absorbing recruits. Your Lordships will remember that a recruiting campaign was conducted in London. This was a great success. It brought the strength of the London units to 111 officers and 2,153 other ranks. London, of course, is still short of its total requirements, but it is stronger than the other Commands which are to form anti-aircraft units. This, briefly, is the state of affairs as regards the Territorial Associations, and although I see no grounds for undue pessimism, yet the state of affairs as regards the numbers of the Territorial Army is not all that might he desired and the fact that the Territorial Army is not up to its strength is all the more important in view of the duty which, in the event of war, it will be called upon to perform. That duty has already been explained by my noble friend and in that regard he quoted what the Secretary of State for War said.

One of the main points was the expansion of the Territorial Army in case of mobilisation. The methods of that expansion require examination in very considerable detail, and some months ago the Army Council appointed a Committee to examine this question. This Committee has been working very hard and is forward with its work, but it is not yet in a position to complete its report. Therefore, at the present moment I cannot give any further details beyond what was said by my right hon. friend on the occasion to which I have already referred. I think that as soon as the responsibilities of the Territorial Army have been definitely regulated, that is, when this Committee has reported and the results are carried out, when officers and other ranks know exactly what will be required of them in the event of war, we may hope for a considerable stimulus in regard to recruiting.

I hope that will be the case, but quite clearly we do not intend to leave matters at that. We intend to take much more energetic measures to bring the Territorial Army up to its establishment, but in doing so we have to remember—and this is a point which has not been mentioned by any noble Lord yet—that it is not only a question of getting recruits: they must be the right sort of recruits. Some years ago more attention was paid, I think, to quantity than to quality, and the consequence was that commanding officers found that their units required careful revision and the elimination of those unsuited for service in the Territorial Army. I think that elimination has been accomplished very successfully and to-day the Territorial Army, small as it is, consists of the best possible personnel. In that respect we cannot wish to see it improved. But in any attempt to recruit for the Territorial Army and increase its numbers up to the establishment, we must exercise the greatest possible care, see that quality is not sacrificed to quantity and that the high standard which now exists is maintained. I put this question of quality first. I think it is a sine qua non, and in that I hope I shall have the agreement of your Lordships.

In order to obtain the high standard to which I have referred, and which it is desired the Territorial Army should possess, it is necessary that a large proportion of the Territorial Army should attend camp. In this regard I should like to say how grateful the Army Council is to the noble Viscount, Lord Burnham, and his newspaper for their generous and patriotic offer of a cup for the unit which has the highest percentage of attendance at camp. All such prizes, shields and challenge cups do encourage those in the Territorial Army and in this respect the Force has been fortunate in receiving gifts of this kind. The noble Earl, Lord Dartmouth, who has been Chairman of the Council of the Territorial Association for some years, intimated his intention to resign (a matter which is viewed with great regret by all) and he suggested that in order to mark his period of office as Chairman—I do not know that it is necessary to have any further mark of the tenure of that office, because he has left an ineffaceable impression on the Territorial Army—he should give a cup to be competed for by members of the Force.

But the question of going into camp is one which rests largely with the employers. I have had the pleasure of meeting numbers of patriotic employers who want to do all they can to help the Territorial Army. They point out, and with absolute truth, that they are faced with considerable difficulties in allowing them to release their employees to go to camp. They have to fight trade competition, there is the difficulty of the numbers of their assistants, and some employers are at a disadvantage in allowing their employees to go to camp as compared with other employers who do not do so. Again, there is the difficulty of people who are employed in seasonal trades, like painters and agriculturists. If camps could be held in winter it would be much easier, but they cannot; they have to be held at a time when people in seasonal trades want all their men.

At the War Office—I am glad to note that my noble friend Lord Raglan thinks that we are at any rate trying to do something—we are, in fact, trying to help employers in several ways. In the first place, we are trying to expedite the notice in regard to the places where the camps will be held, and when they will be held, so that employers will have plenty of time in which to make their arrangements. In the second place, we are examining the possibility of holding camps at different times in different years—in one year, for example at a time when it will suit the agricultural interest and in another when it will suit more especially the industrial interest, and so on—and I hope that something may be done to make things easier for employers on those lines. I do not really anticipate an absolute solution in that way, because it must always be difficult for employers to allow their men to go to camp, especially in summer and particularly in seasonal trades, but we have certain other schemes in our minds which may possibly assist employers in this matter. They are not, however, sufficiently advanced to describe in detail at the present time, though I hope that in the course of the next few months we shall be able to make a statement upon considerably morn definite lines. I should like to say one thing about which I have no doubt and that is that we may certainly count upon the determination and good will of employers in letting their men go to camp whenever they possibly can.

We have been asked to-day what we intend to do—whether we intend to do any more or are content to leave things as they are. I should like to say emphatically that we do intend to make a very strong effort indeed to bring the Territorial Army up to its authorised establishment in the near future. It would be premature to go into further details at, the present time. I am very grateful to noble Lords who have made suggestions to-day and I hope that they will give us their assistance in the future, as well as other noble Lords who have experience and ideas. We shall be very glad to have the benefit of their experience and ideas. We feel, of course, that in this matter we must rely upon the assistance of the Central Council of Territorial Associations, and it is a matter of considerable satisfaction to us to know that the new Chairman of that Council who succeeded the noble Earl, Lord Dartmouth—I am referring, of course, to the noble Earl, Lord Derby—is one who has such very great experience in all matters connected with recruiting. We have had very valuable suggestions to-day from noble Lords who are interested in this matter. I need hardly say that those suggestions will be considered, as well as any other suggestions that may be made. We are determined to do our beet to bring the Territorial Army up to its establish- ment and we hope that during the course of the next few months we shall be able to give your Lordships further information upon this point.

May I say one word in explanation to my noble friend? He spoke of my anxiety with regard to the Regular Army as being entirely apart from this question. I suggest to him that my intention was solely to draw his attention to the fact that these circumstances are well known to the Territorials, and the fact that there is absolutely nothing between them and the first line is one of the greatest relevancy.

On the contrary, I said that the question of the Reserve was germane to this matter and that therefore I had the information at my disposal.

My Lords, I think the interruption was a very relevant one. It is an important point, upon which too little stress has been laid in this discussion—the relation between the, Territorial Force and the Regular Army. But, first of all, I think that the House is indebted to the noble Lord, Lord Templemore, for having raised this subject. I think it is very important that we should discuss not only the social question which we were discussing earlier but the Service questions. We discuss them far too seldom and it is all to the general good that we should have sifted some of them over as we have done this afternoon. I have listened attentively to this debate and my criticism is that there has been a great deal too much arithmetic in it. The science of arithmetic is not the highest form of science, nor is it a profitable one to apply when you are dealing with the organisation and the recruiting of armies. If you want to get men to join the Territorial Force and to go to camp, do not imagine that they will be moved by considerations of whether they are to get 6d. more or whether they can extract 1s. out of you. Nor do I think that they are much disturbed even by the collocation of women, or trade union officials and of motor bicycles which the vivid imagination of the noble Lord, Lord Raglan, put together.

It was a collocation, and a very remarkable one, of which I have never heard before, and I doubt if it constituted a picture which often applies to Territorials going to camp. There is one way, and one real way, of getting people to recruit, and that is to put before them clearly what you want and what sacrifice you are asking them to make. The working classes—I have seen a good deal of them in connection with Territorial recruiting—are just like anybody else; they are moved by patriotism and high feeling. It is not a question of what they get but of whether they feel that they are discharging a really useful duty. In my time it was an obligation that was very frequently put before me that I should not go to India or to any other desirable part of the Empire, but that I should sleep three nights a week in the train, going about from recruiting meeting to recruiting meeting. This was very useful. The presence of the Secretary of State brings the most useful people about him and, if he goes among them, what he has to do is to explain very clearly what he wants and why he wants it. In those clays it was easy. There was at least the danger of a war with Germany. Many people were doing all they could to avert it, but we had to insure against fire and we were asking those whom we addressed to assist us in providing the premium of fire insurance. They understood that, and it was not difficult to raise six Divisions, and ultimately two Cavalry Divisions, for the Territorial Force.

There is no such prospect now as there was then, but there is another prospect. It was said in the course of the debate that such was the entanglement of our foreign policy that almost more than ever we required a large Army. I, on the contrary, think that there never was a time when, in view of the declarations of the Government, there was less justification for keeping up a large Army. If you try to do that, you will simply get a reaction against your Army, and that is just what you do not want. Your Army must be what you need. We have, I suppose, these five Divisions and a Cavalry Division—I can never quite clearly make it out, but I suppose it is that—and then, besides that which is sufficient for the immediate necessities that are likely to present themselves (Germany is not one of them now), you have a second line Army, the Territorial Army, behind it. You must have that Army in a condition of efficiency and, what is more, you must bring home to the minds of those whom you ask to enlist in it that you have to get it into a condition of efficiency. They are quite capable of understanding that and of responding to your appeal, if you only make it quite clear. But let there be no distinction in kind, as there used to be in the early days, between the Territorials and the Regulars. All that kind of nonsense was swept away by the War. You organise your Territorials, then, as a second Army in every respect like the Regular Army.

It is quite true that their figures are between 30,000 and 40,000 short of establishment at the present time, but that worries me less than it worried noble Lords who spoke. I know that Territorials go through a short period of service but it is a period of service in which they become trained and as the result of which they will come back if a real appeal is made to them by the country. In 1914 the Territorial Force practically doubled itself within six weeks, and it doubled itself with men who were not untrained but who, if one can apply the terms to people who had been through only four years' training, were Territorial veterans and came hack to serve their country because an appeal was made. Accordingly the Territorial Force is always producing a reservoir of trained men over whom you can hold no obligation but who, as experience shows, are ready to respond to you if there is sufficient necessity.

Your proper course is really to explain the structure of the Force, and to make it clear what a real service people are rendering in joining it, and not to be afraid of the foreign, service obligation. Before 1914 the great bulk of the Territorial Force among themselves entered into covenants to go abroad, and they did go abroad with the utmost intrepidity. There was no necessity to give them large bonuses, and I do not believe there is any such necessity to-day. It requires an exposition to the Territorial Force throughout the country grounded, not merely upon arithmetic, but upon strategical and war-organisation, and grounded upon ideas which people understand much better than they did ten years ago. I cannot help thinking that if distinguished people at the War Office—the noble Earl opposite might set the example—would go about as missionaries attending great meetings in the big cities and in the country, too, and preaching, not arithmetic but the gospel of strategical organisation in accordance with the necessities of the country, they would find a response, which would surprise them, from the working classes themselves.

I do not believe there is any difficulty in getting recruits and I do believe that in those who have passed through the Territorial Force you have a number of men who are sufficiently trained to be most valuable as a potential reserve. I am not saying that it is not, most desirable to get the Territorial Army nearer its establishment, and I was very glad to hear the noble Earl say that it is the intention of the War Office to do so. Although it is 30,000 or 40,000 short, that has no terrors for me as it has for some people. I am sure the difficulty can be got over if the War Office will concentrate upon organisation and. upon assuring the Territorial Force that it is treated exactly as the first line of defence. Then I am certain there will be no difficulty in getting recruits.

In withdrawing my Motion for Papers, I beg to thank the noble Earl, the Under-Secretary for War, for his very full and courteous answers to my Question. I was very glad to hear from him that the numbers of recruits in April, May and June were so very good, and indeed they were good, and a great advance upon any results before. I should have been a little easier in my mind if he had been able to tell me what number of time-expired men were leaving, and if he thought their places would be filled by people coming in, but at this period of the Session I do not desire to press for figures. I was particularly impressed by the suggestion of the noble Viscount opposite as to treating the Territorial Army in all respects like the Regular Army, because I do not think that in these days that is always done. I do not think that the Territorials are always thought enough of, and I hope the War Office will take every opportunity now of letting the Regular and Territorial Armies know that that is the official policy.

Motion, by leave, withdrawn.

Roads Improvement Bill

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee.—( Viscount Peel.)

On Question, Motion agreed to.

House in Committee accordingly:

[The EARL of DONOUGHMORE in the Chair.]

Clause 1:

Planting of trees and laying out of grass margins in highways.

1.—(1) The Minister of Transport (hereinafter referred to as the Minister) and any county council or other highway authority shall have power to cause trees or shrubs to be planted and grass margins to be laid out in any highway maintainable by him or them respectively; and to erect and maintain guards or fences and otherwise to do anything expedient for the maintenance or protection of such trees, shrubs and grass margins.

(2) No such tree, shrub, grass margin, guard or fence shall be placed, laid out or allowed to remain in such a situation as to hinder the reasonable use of the highway by any person entitled to the use thereof, or so as to be a nuisance or injurious to the owner or occupier of any land or premises adjacent to the highway.

(3) The powers conferred by this section shall not be exercised by the Minister, or any county council or other highway authority except in a highway vested in him or them respectively, or upon land so vested which forms part of a highway.

(4) Where an urban authority incurs expenses under this section in connection with a main road which is maintained and repaired by that authority pursuant to subsection (2) of Section eleven of the Local Government Act, 1888, the expenses shall not be treated as part of the costs towards which the county council are required to make an annual payment under that subsection except where and so far as the county council consent to their being so treated.

moved to add to the clause the following new subsections:—

"(5) If damage is caused to the property of any person by anything done in exercise of the powers conferred by this section, that person shall, unless the damage was caused or contributed to by his negligence, be entitled to recover compensation there-for from the Minister, county council or other highway authority by whom the powers were exercised.
(6) Section seven of the Telegraph Act, 1878, shall apply to any work done in exercise of the powers conferred by this section as if the work were done in the execution of an undertaking authorised by a special Act of Parliament, and as if any county council or highway authority carrying out the work were the undertakers."

The noble Viscount said: The first subsection which I now move gives protection to the gas, water and electricity undertakings, and it also gives protection to other authorities and bodies and individuals also. The second subsection, (6), refers to Section 7 of the Telegraph Act, 1878, and was inserted to protect the Postmaster-General. The effect of it is that if the exercise of the powers of the clause involves the moving of telegraph lines, the expense of the moving is to be borne by the authority exercising the power. I beg to move.

Amendment moved—

Page 2, line 11, at end, insert the sail new subsections.—(Viscount Peel.)

On Question, Amendment agreed to.

moved to leave out Clause 1. The noble Lord said: I desire to move the omission of this clause for the following reason. It empowers the Minister of Transport to plant trees and lay out margins of grass on various highways. No doubt in ordinary times that is quite a good idea. It would take a good many years before the trees grow, and if by any chance a branch falls upon any person walking along the road the Government, I presume, or the local authority, will be responsible for any damage that may be done to that person. Only a short time ago a person was awarded £1,200 damages because a tree, or part of a tree, fell upon him, breaking his leg. Therefore we should be committing ourselves to a certain amount of unknown damages. My chief objection to this clause is that at the present moment we are so poor that we are unable to obtain four or five cruisers, which are absolutely necessary for the preservation of this country and for the preservation of its trade and commerce. While we are in such a position that it is doubtful whether we can obtain three, four, or five new cruisers. you are actually proposing to spend money upon planting trees on the roads and laying out grass margins, and tomorrow we are proposing to spend money upon theatrical entertainments.

I think if this country is in such a poor position pecuniarily as to make it doubtful whether it is possible to raise the money for procuring necessary pro- tection for our lives and property, we might really postpone the planting of trees along the road. After all, we have now been in existence for some hundreds of years without planting trees along the roads, and at the present moment, with such shortness of money, not only in the pockets of the Government but in the pockets of everybody else—except, perhaps, the trade unions—I think we might postpone the planting of trees along the highways until a better time. I beg to move.

Amendment moved—

Leave out Clause 1.—(Lord Banbury of Southam.)

May I point out that the money proposed to be spent is entirely raised from motor taxation.

That does not make it any better. We might use the money for providing new cruisers.

May I ask the noble Viscount a question with regard to subsection (3), which says:

"(3) The powers conferred by this section shall not be exercised by the Minister, or any county council or other highway authority except in a highway vested in him or them respectively, or upon land so vested which forms part of a highway."
I understand that the Common Law of the country is that the road authority only own the actual surface of the road, and nothing else. What are the cases in which the roadways are vested in the authority? What is the differentiation?

My Lords, I am rather surprised that my noble friend moved an Amendment to leave out Clause 1 of this Bill, because Clause 1 is the Bill. When I moved the Second Reading I do not think the indignation of my noble friend was sufficiently aroused against this expenditure to induce him to put down an Amendment to reject the Bill altogether. One point be raised was that at some future time these trees night grow to such magnificent and umbrageous proportions that some of their branches might fall and injure the passers by. I submit that this century will be rather more advanced than it is at present by the time the trees have grown to such a size that any danger need be apprehended by the passers by, and I think most of your Lordships, for the rest of your lives, will be able to pass under them without much danger. But the real object of my noble friend was, I think, a more subtle one. He was evidently exercised not about the trees but about cruisers, and I think he wanted to induce me to make a premature statement about the number of cruisers the Government are going to build. As the Prime Minister is going to make a statement very shortly, possibly my noble friend will excuse me now.

As to the amount of money to be spent on these trees, of course it comes out of the Road Fund, being collected from the owners of motor vehicles, and I think that the sum to be expended on planting trees is very small. My noble friend knows how very little trees cost per thousand, and how inexpensive it is to plant them. In view of the enormous advantage of turning these bare roads into shady highways, this very small expenditure, discreetly made by the transport authorities, need not be grudged. It is not comparable to the expenditure on a cruiser or a submarine or even a sloop, and therefore I think we need not make any comparison of that kind. A point was made about the margins of the road. Those margins, I think, are in the highway or part of the highway, and therefore naturally will be within the authority of the Ministry of Transport or the County Council to deal with them.

I am not sure whether the noble Viscount has quite apprehended Lord Lamington's question. Subsection (3) says that these powers are limited to a highway vested in these authorities. I understand that to mean that they are the owners of the soil of the highway, and that, as was truly pointed out, is not the usual thing in this country. That would limit the application to new highways to ground bought by one of these local authorities, or by the Ministry of Transport. A highway cannot be said in ordinary cases to be vested in the local authority. Does the noble Viscount really think that he did deal with thatpoint?

I understand that what is included is such interest in land as the local authorities have got.

I am quite sure the noble Viscount is wrong. The turf on the side of the road does not really belong to the road authority.

But this applies mainly to those roads which have been acquired by the Ministry of Transport. No question arises of the road surface; the whole land belongs to the Ministry of Transport.

There are many counties where there is a very wide margin to roads. They are occupied by the local occupier. Whoever occupies the land has the grazing rights up to the end of the margin, and the road authority has no authority over the margin. On the contrary, the local landowner is very often compelled to do work on this margin which he thinks might very well be done by the local authorities.

Clause 1 says that the Minister of Transport and any county council or other highway authority shall have power to cause trees or shrubs to be planted and grass margins to be laid out "in any highway maintainable by him or them respectively." There is nothing whatever to limit it to these new roads, the soil of which has been bought by the Minister of Transport. It applies to all highways maintained by any county council or other highway authorities. I am not a lawyer, but I do happen to know as a magistrate as a fact that the soil of all the highways which are maintained by county councils or other local authorities does not belong to them but belongs to the owner of the land adjoining that highway. If the owner owns both sides of the roadway he owns the whole of the soil. There was a very well-known case when the Duke of Rutland's keepers held down a man who was endeavouring to prevent a grouse or partridge flying across the road, and it was held that the sole right of this man, as one of the public, was to pass along the highway. He had no further right at all, and the soil of the highway in that case belonged to the Duke of Rutland, who owned both sides of the road. Now my noble friend is going to come down and plant trees on somebody else's land. My noble friend says that the planting of trees costs very little. I beg to differ from him. I, unfortunately, have planted trees, and I find it very expensive. Trees very often do not grow. They die, and you have to replant them. I do not exactly know what the cost of a fair-sized tree is, but the Duke of Buccleuch says it is £2.

Very well, with the guard, but there will have to be a guard. My noble friend says it does not come to very much, but what I want to inculcate in this House and the people generally is that we must begin economising in little ways. It is like a spendthrift who went to a club and bought a bottle of champagne for which he paid 7s. 6d., and said he was saving 10s., because the price in the market was 17s. 6d. We must impress on the country that in every matter, however small, we must begin by denying ourselves some such luxury as is proposed in this Bill. And this is not the whole Bill by any manner of means. There are other important sections of the Bill affecting, for instance, the cutting-down of hedges or walls which interfere with the proper vision along the highway.

The greater part of what the noble Lord has said is founded on a misapprehension. He says this clause gives power to plant trees on other people's property, but the whole clause is governed by subsection (3) and it is that to which I called the noble Viscount's attention. Subsection (3) limits it to highways which are vested in the Minister of Transport or the local authority. If the noble Viscount is not prepared to deal fully with that matter now perhaps he will deal with it at another stage, but I suggest that "vested" undoubtedly means that they have full ownership, and that therefore these powers are limited to a very small number of highways in this country. Under this Bill you could not, for instance, plant trees on the grass margins of the Bath Road, to take a concrete example.

This power was especially put into the Bill in regard to the new arterial roads which are banked on each side. It is intended mainly for that purpose.

I think the point is a simple one and that the noble Earl has stated it generally correctly. The powers are given under subsection (2) and the limitation is contained in subsection (3). It is clear there that it can only be done on "a highway vested in him or them respectively." It is clear, therefore, that if the highways are not vested in him, but are vested in adjacent landowners, it could not be done.

I think the noble Earl is right and that I have made a mistake, for which I apologise. But why put into subsection (1) of Clause 1 powers which are taken away by subsection (3)? What would he the position of any magistrate who reads Clause 1 and, thinking, as magistrates always do, that Parliament knew what it was doing, sees that he has to do certain things and finds a little lower, down that he may not do them? Why not amend subsection (1) on the Report Stage and cut out subsection (3) altogether?

I think it may fairly be assumed that the magistrates would read all the subsections of the clause.

On Question, Amendment negatived.

Clause 1, as amended, agreed to.

Clause 2:

Amendment of s. 8 of 9 Edw. 7. c. 47.

2. For the purposes of Part II of the Development and Road Improvement Funds Act, 1909, the expression "improvement of roads" shall, in addition to the matters specified in subsection (5) of Section eight of that Act, include the planting, laying out, maintenance and protection of trees, shrubs and grass margins in and beside roads, the placing on or near roads of notices, milestones and sign posts, and the freeing of roads from tolls.

moved to add to the clause "and the prescription of building lines along roads in anticipation of the widening thereof." The noble Lord said: This Amendment and an Amendment which appears later in the Paper and is consequential upon this, were put down at the request of the County Councils Association. For some considerable time county councils have endeavoured to secure the right to prescribe the building line and twenty-six county councils have now passed strong resolutions asking the Government to deal with this matter. Governments of the day have never objected to granting this power on its merits, but have always said that the matter was under consideration and would be dealt with on some future occasion. Possibly that is the reply that I shall receive to-day. As I understand it, His Majesty's Government are not going to say that there are no merits in this request, or that the county councils have no grievance in being unable to prescribe building lines with reference to the future widening of roads, but that it is not. necessary at the moment and that really the matter is not one for the Ministry of Transport at all.

Much the same attitude was taken in the House of Commons where the Government was able, by a technicality, to say that the Amendment, moved by one of their own supporters on behalf of the county councils, was out of order and was not within the ambit of the Bill. It is doubtful whether that ruling was correct as it was given by the Chairman of the Standing Committee on, I understand, the advice of the Government draftsman. Such a ruling would not apply to your Lordships' House because your Lordships have power always to alter or amend the title of a Bill if it be necessary.

The county councils are asking that this power should be conferred upon them as they are likely to be put to very heavy expenditure in regard to the future widening of roads, on account of the fast-moving and heavy traffic which passes over them. The same may be said in reference to the cutting off of corners. We all know that if a corner has to be cut off so that vehicles coming in different directions shall have a proper view of each other, the amenities of a house are sometimes affected and the whole house has to be removed. That is a very expensive matter. It is possible that my noble friend in charge of the Bill will remind your Lordships that a. Ministry of Health Bill is coming forward tomorrow which deals with the widening of streets. That Bill has nothing to do with the widening of roads and the county councils are asking for power to prescribe the building line even when there is no idea of widening particular roads, in order to safeguard themselves when a road has to be widened twenty or thirty years hence. As your Lordships are aware, it is no uncommon thing for buildings to be built by the side of the great main roads leading out of our great towns and cities. Unless there is power to prescribe the building line, when those roads have to be widened some time in the future some of those buildings have to be pulled down and heavy compensation has to be paid.

I should like to remind your Lordships that in 1921 this House agreed to the Middlesex County Council (General Powers) Bill which gave a power similar to that for which the county councils are asking to-day. In the present Session your Lordships agreed that similar power should be given to the Surrey County Council, whose Bill is awaiting a Third Reading in another place. That shows that, so far as the principle is concerned, the Government can have no objection whatever; otherwise they would have objected to the Private Bills promoted by those great county councils. The object of the County Council of Surrey was to prevent speculative builders from putting in foundations at the sides of roads which they thought would be widened in the future and in regard to which compensation could be claimed from the county council. If there is much delay in dealing with this question it seems possible that builders in other parts of the country will do the same thing. I cannot see why your Lordships should not safeguard the county councils against expenditure in connection with such matters.

If my Amendment is agreed to, there is, in the subsequent clause which I have placed on the Paper, admirable protection for landowners, tenants and lessees, and everyone interested in land, that they shall receive adequate and proper compensation for land taken when the building line is prescribed. I hope, therefore, that your Lordships will accept my Amendment, which is really necessary if the local rates are to be kept down. I beg to move.

Amendment moved—

Page 2, line 20, at end insert ("and the prescription of building lines along roads in anticipation of the widening thereof").—(Lord Strachie.)

I do not know whether it would be in order for me to address your Lordships at the present moment upon the Amendment which stands in my name. It is an Amendment to the Amendment to be proposed by Lord Strachie. We have not yet come to the particular clause to which that Amendment is to be moved, and I should like to be guided by the Lord Chairman.

I am quite ready when my Amendment comes before the House to accept the Amendments to it that the noble Lord proposes to move.

These words moved by the noble Lord really involve the whole of his Amendment. Your Lordships must look at pages 4, 5, 6, 7 and 8 of the Marshalled List of Amendments in order to judge of the effect of this rather voluminous Amendment. I congratulate the noble Lord on moving so vast an Amendment in comparatively few words. The general effect of the Amendment is, as he says, to enable county councils to lay down building lines so that in the future there is no danger of strips of land along the sides of roads having their price unduly enhanced when it is necessary to purchase them for road widening. I admit that there is a great deal to be said on the merits of this suggestion and the only objection that I have to put forward may be considered by your Lordships as rather of a technical nature. This is not a Bill to deal with building lines, and I understand that the Minister of Health intends to bring forward a Bill which deals generally with the question of building lines and not merely with the comparatively small points covered by this Amendment.

I do not intend, as the noble Lord seems to think, to argue this upon the basis of a Bill in charge of his colleague Lord Emmott, which is before your Lordships' House. The point here is rather a different one referring to the limitation of roads than to houses. I leave that part of his argument out of account because I do not think it is strictly relevant. The other point I wish to make is this. The Minister of Transport is very anxious that this Bill should pass before our sittings are adjourned to the autumn. One of the objects of this Bill is the planting of trees, and your Lordships know how important it is that the Department should have the benefit of the planting season and should begin their operations as soon as possible. That argument will not appeal to my noble friend behind me (Lord Banbury of Southam) but will appeal to most of your Lordships who are anxious that this Bill should pass. If an Amendment of this kind, dealing with a matter that possibly is not strictly within the scope of the Bill, or not strictly one of the purposes for which the Bill was framed, is introduced now, it might have the effect of delaying the passage of the Bill in another House where, as your Lordships know, they are even more pressed for time than we are in this Assembly.

Those objections your Lordships may possibly consider to be rather of a technical nature. I understand that this Amendment commends itself to a considerable number of your Lordships' House and to the County Councils Association, and if the noble Lord really presses it, and thinks it not unwise in view of the considerations that I have mentioned, and that it will not endanger the life of the Bill, I would not myself, on behalf of the Government, offer any objection to the Amendment at this stage. I will only guard myself by saying that if your Lordships think fit to introduce the Amendment there are certain modifications which I think it may be necessary to insert at some stage or other of the Bill.

It may be necessary to modify the Amendment later, but I hope your Lordships will insert it now. It is idle to promise us a Bill which is to deal at some future time particularly with roads. We have heard a good deal about Bills coming forward at future times and they do not always come. Taking the objections which the noble Viscount has raised—

I wished to shorten the time, and I suggested that if your Lordships were anxious to put in this Amendment I would not offer any objection.

On Question, Amendment agreed to.

had an Amendment on the Paper to leave out Clause 2. The noble Lord said: I merely put down this Amendment in order to ask for an explanation of this clause. I do not thoroughly understand it. I do not know whether it is limited to finance, whether the only effect of it is to give power to local authorities to take money out of the Roads Improvement Fund for the purpose of laying and planting trees, or Whether it is limited to land vested in a highway.

Before the noble Viscount replies I should like to say a word upon this clause. If the noble Viscount fails to meet me, I shall be almost inclined to support my noble friend if he moves that the clause be omitted. I should not support him on the ground of his objections, although I have every respect for them, but because I think this clause is the most striking example I have come across of the pernicious system of legislation by reference. This clause does not refer to this Bill at all, but refers to another Act altogether. It refers to the Roads Improvement Fund Act, 1909, and what is there in that Act to show that in some subsequent Act an Amendment has been introduced into the first Act? How is it to be done? Why should not the Bond Improvement Act, have been brought up and this Amendment put into it, instead of having legislation in this Bill upon a matter which has nothing to do with the subject of the Bill?

In answer to my noble friend Lord Banbury of Southam, all I have to say is that this clause does what it proposed to do—namely, enlarge the purposes for which grants may be made under the Act of 1909 from the Road Improvement Fund. I do not know whether I ought to reply at length to the objection of my noble friend Lord Harris, regarding legislation by reference. To tell the truth I thought that was such a long established evil that even the most powerful critics were hardly able to move it from the Statute Book, but on another occasion I shall be able to discuss it with my noble friend.

Clause 2, as amended, agreed to.

Clause 3 agreed to.

Clause 4:

Restrictions as to fences at dangerous corners.

4.—(1) Where the Minister or ally county council or other highway authority is of opinion that it is necessary for the pre-

vention of danger arising from obstruction to the view of persons using the highway to impose restrictions with respect to any land at or near any corner or bend in a highway maintainable by him or them, respectively, the Minister, county council, or other highway authority may serve upon the owner and upon the occupier of the land a notice—

(a) directing the owner or occupier of the land to alter the height or character of any wall (not being part of a permanent building), fence, or hedge thereon so as to cause it to conform with any requirements specified in the notice; or

(3) If any person upon whom a notice has been served under this section objects to comply with any requirement of the notice, or objects to restriction imposed thereby, he may, within seven days after receipt or the notice, send his objection in writing, stating the grounds thereof, to the authority by whom the notice was served and thereupon the matter shall be determined by arbitration, and upon any such arbitration the award may direct that the notice shall have effect with or without any modifications, or that it shall be withdrawn.

(7) Any person upon whom a notice is served under this section shall be entitled to recover from the Minister, county council, or other highway authority by whom the notice was served any expenses reasonably incurred by him in carrying out any directions contained in the notice; and any person sustaining loss in direct consequence of any requirement of a notice served under this section, or any person who proves that the value of his interest in any land has been reduced by restrictions relating to the land imposed by any such notice shall, if he makes a claim within six months after the service of the notice be entitled to recover from the Minister, county council, or other highway authority by whom the notice was served compensation for the injury sustained, and the amount of such compensation shall, in default of agreement, be determined by arbitration.

(10) Subject as hereinafter provided, every notice which may be served under this section may be served either by delivering it or leaving it at the usual or last-known place of abode of the person on whom it is to be served, or by sending it by post as a registered letter addressed to him at his usual or last-known place of abode, or if that cannot be found, by fixing it on some conspicuous part of the land; and any such notice or document may be addressed to the "owner" and the "occupier" of the land (describing it) without further name or description:

Provided that a notice requiring the owner and occupier of land to alter the height or character of any wall, fence, or hedge thereon shall be served upon him personally, and where any such notice is served upon the occupier a copy thereof shall be served upon the owner of the land.

(11) In section the expression "wall" includes any partition of whatsoever material constructed, and any bank, the expression "fence" includes hoarding or paling, and the expression "hedge" includes any tree or shrub.

(12) Any matter which is under this section to be determined by arbitration shall be determined by a single arbitrator agreed on by the parties or, in default of such agreement, by the judge of the county court of the district in which the land in question is situated according to the procedure prescribed by rules of court.

(13) Nothing in this section shall apply with respect to any wall belonging to a railway company or to the owners, trustees, or conservators acting under powers conferred by Parliament of any canal, inland navigation, dock, or harbour where the wall forms part of or is necessary for the maintenance of their railway, canal, inland navigation, dock, or harbour.

(14) Nothing in this section shall apply to any wall belonging to a railway company and forming part of or necessary for the maintenance of their railway.

moved, in subsection (1) (a), after "fence," to insert "tree." The noble Lord said: I merely rise to ask the noble Viscount in charge of the Bill if he does not think it would be wise to insert the word "tree" in addition to the words already in the Bill. Every one knows that corners are often made much more dangerous by the growing of an evergreen tree, such as a holly, and as the Bill stands it reads "fence, or hedge thereon so as to cause it to conform with any requirements specified in the notice." Would it not be wise to put in the word "tree"

Amendment moved—

Page 3, line 5, after ("fence") insert ("tree").—(Lord Montagu of Beaulieu.)

I am much obliged to my noble friend for calling my attention to this point. I thought it was pretty clear from the definition that "hedge" included "tree," but my suspicions were aroused that a tree which grew apart from the hedge, and yet caused some obstruction of the roadway, might not be included. I went into that, and I would suggest to my noble friend that it would be simpler to introduce an Amendment into the definition subsection, to add after the words "tree" or "shrub," "whether forming part of a hedge or not."

I think that would make it perfectly clear that the obstructive tree might be removed.

I accept the suggestion. I only moved this Amendment for reasons of public safety.

The noble Viscount will recollect that I called his attention to this point on the Second Reading. I like the form of his Amendment in the definition clause and I shall be glad to accept it.

Amendment, by leave, withdrawn.

moved to leave out subsection (3) and insert as a new subsection:—

"(3) If any person upon whom a notice has been served under this section objects to comply with any requirement of the notice, or objects to any restriction imposed thereby, he may, within fourteen days after receipt of the notice, send his objection in writing, stating the grounds thereof, to the authority by whom the notice was served, and thereupon the question whether the notice shall be withdrawn as respects any requirement or restriction objected to shall be determined in the manner provided by this Act."

The noble Viscount said: This is really a drafting Amendment in order to group together at a later stage the arrangements about serving notices and so on.

Amendment moved—

Page 4, lines 3 to 12, leave out subsection (3) and insert the said new subsection.—(Viscount Peel.)

On Question, Amendment agreed to.

The Amendment to leave out the last fifteen words of subsection (7) is purely drafting.

Amendment moved—

Page 5, leave out lines 10 and 11—(Viscount Peel.)

On Question, Amendment agreed to.

moved to leave out all words of subsection (10) after "addressed," where that word secondly occurs and to insert

"as the case may require, to the 'owner' or 'occupier' of the land (describing it) without further name or description:
"Provided that a notice requiring the owner or occupier of land to alter the height or character of any wall, fence or hedge thereon shall be served personally upon him or his agent, or upon some person having charge of his affairs, and if the notice is served upon the occupier a copy thereof shall be served upon the owner, or if it is served upon the owner a copy thereof shall be served upon the occupier of the land."

The noble Viscount said: This is also a drafting Amendment.

Amendment moved—

Page 5, line 36, leave out from ("addressed") to the end of the subsection and insert the said words.—(Viscount Peel.)

On Question, Amendment agreed to.

moved, at the end of subsection (11), to insert the words "whether forming part of a hedge or not." The noble Viscount said: This will meet the point that has been raised by the noble Lord.

Amendment moved—

Page 6, line 5, insert ("whether forming part of a hedge or not").—(Viscount Peel.)

On Question, Amendment agreed to.

My Amendment to leave out subsection (12) is The same point that we have been dealing with.

Amendment moved—

Page 6, lines 6 to 11, leave out subsection (12).—(Viscount Peel.)

On Question, Amendment agreed to.

moved, in subsection (13), after "Nothing in this section shall," to insert

"(a) authorise the service of a notice under this section with respect to any wall forming part of an ancient monument or other object of archæological interest, except with the consent in writing of the Commissioners of Works; or
(b)"

The noble Lord said: In the original Bill no provision was made for a wall which may be dangerous, but which is a wall of great antiquarian value. In my own county there are walls which obstruct the highway, but which are of very ancient origin. It is for this reason that I asked the noble Viscount to give some consideration to the Amendment. I understand he will accept it.

Amendment moved—

Page line 12, after ("shall") insert the said words.'—(Lord Montagu of Beaulieu.)

On Question, Amendment agreed to.

Amendment moved—

Page 6, lines 19 to 21, leave out subsection (14).—(Viscount Peel.)

On Question, Amendment agreed to.

Clause 4, as amended, agreed to.

Power to prescribe building line.

"

—(1) A county council or other highway authority (hereinafter in this section referred to, where the context so admits, as 'the authority') may by order prescribe, in respect of any road (being a public highway) which is for the time being maintainable by them, a building line along each or either side of the whole or any part of such road, and, subject to the provisions of paragraph ( a) of subsection (10) of this section, it shall not thenceforth be lawful, without the written consent of the authority (which consent, if given, may be subject to such conditions as the authority shall think fit), to erect, or permit to be erected, any structure whatsoever in front of such building line, or to alter, or permit to be altered, any structure existing at the date of the order in such manner that any part thereof projects in front of such building line, or to make, or permit to be made, any permanent excavation in front of such building line:

Provided that the consent of the Minister shall be obtained before any such building line is prescribed as aforesaid in respect of any road, or part thereof, for the time being classified by the Minister for the purpose of advances from the Road Fund.

(2) One month at least before the date of the order the authority shall—

  • (a) cause to be prepared, signed by their surveyor, and deposited with their clerk, a plan of the proposed building line, which shall be open at all reasonable times to the inspection of the public without charge;
  • (b)give notice in writing of the deposit of the said plan to every owner or lessee interested whose name and address they can ascertain; and
  • (c) give public notice by advertisement in two newspapers circulating in the district in which the road affected is situate, that the said plan has been so deposited.
  • (3) Within one month after the date of the order the authority shall—

  • (a) cause to be prepared, signed by their surveyor and deposited with their clerk, a plan of the said building line, which shall be open at all reasonable times for the inspection of the public without charge; and
  • (b) give notice in writing to every owner or lessee interested whose name and address they can ascertain that a building line has been so prescribed and a plan thereof so deposited.
  • (4) If the road, in respect of which a building line is proposed to be prescribed in accordance with the provisions of this section, is either a main road maintained and repaired pursuant to subsection (2) of Section eleven of the Local Government Act, 1888, or a road, other than a main road, classified by the Minister as aforesaid, the authority shall, before prescribing a building line as aforesaid, send a notification of their proposals to the council of the county in which the road is situate, who shall submit their observations thereon, if any, to the authority within three months from the date of such notification, and the authority shall consider such observations, if any, before making any order under this section.

    (5) If the road in respect of which a building line is proposed to be prescribed in accordance with the provisions of this section is a main road maintained and repaired by a county council, the authority shall, before prescribing a building line as aforesaid, send a notification of their proposals to the local authority of the district in which such road is situate, who shall submit their observations thereon, if any, to the authority within one month from the date of such notification, and the authority shall consider such observations, if any, before making any order under this section.

    (6) The authority may, subject to the provisions of paragraph ( b) of subsection (10) of this section, at any time after the date of the order and on giving three months' notice in writing to the owner or lessee of any structure which, or any part of which, was in front of the said building line at the date of the order, require that such structure shall be demolished or set back or altered in such manner that no part thereof shall project in front of the said building line.

    (7) Any person upon whom a notice is served under subsection (3) of this section who proves that the value of his interest in any land has been reduced by the prescription of a building line, and any person upon whom a notice is served under subsection (6) of this section who proves that he has sustained loss or damage by the demolition, setting back or alteration of any structure, shall be entitled to recover from the authority compensation for such reduction in value or for such demolition, setting back or alteration, as the case may be, and the amount of such compensation shall, in default of agreement, be determined by arbitration under the provisions of the Arbitration Act, 1889:

    Provided that—

  • (i)in estimating the amount of such compensation, there shall be taken into account as a set off the benefits accruing by reason of any road widening or improvement made or about to be made by the authority to the person to whom such compensation is payable;
  • (ii) no compensation whatsoever shall be payable in respect of any structure the erection or alteration of which in advance of the proposed building line was first commenced after the service at the notice specified in paragraph (b) of subsection (2) of this section; and
  • (iii) no compensation whatsoever shall be payable to any person in respect of a reduction in the value of his interest in any land as aforesaid, except in pursuance of a claim made to the authority within six months after the date of the order.
  • (8) Where by any scheme confirmed under the Town Planning Acts, 1909 to 1923, any building line is proscribed by the local authority making such scheme and such building line is nearer to the centre line of the road than a building line prescribed in accordance with the provisions of this section, the local authority shall pay to the authority (if not the local authority) such proportion of any compensation paid by the authority under subsection (7) of this section as may be agreed upon between the authority and the local authority or, in default of agreement, as shall be determined by arbitration under the Arbitration Act, 1889.

    (9) Copies of any plan prepared, signed and deposited in accordance with the provisions of subsection (3) of this section shall, when certified by the clerk of the authority to be true, be received in all courts of justice and elsewhere as prima facie evidence of the contents of such plan so far as it relates to a building line prescribed in accordance with this section, and a copy (certified as aforesaid) of so much of any such plan as relates to the district of any local authority shall, on the application of that local authority or of the council of the county in which the road affected is situate, as the case may be, be delivered to such local authority or county council, and copies of or extracts from such plan shall also be delivered to the owner, lessee or occupier of any property in the district applying for the same, on payment of a reasonable fee to be determined by the authority, and all fees so received shall be carried to the credit of the fund out of which the highway expenditure of the authority is payable.

    (10) Nothing in this section shall be deemed—

  • (a) to prevent the erection in front of a building line prescribed in accordance with this section of any boundary wall or fence or the alteration of any existing boundary wall or fence; or
  • (b) to require the demolition, setting back, or alteration of any boundary wall or fence existing in front of such building line at the date of the order.
  • (11) The provisions of this section shall not apply to any building (not being a dwelling-house) or lands now belonging to a railway company and held by them foe the purposes of any railway authorised by Act of Parliament or by an order having the force of an Act.

    (12) Every notice for the purpose of this section may be served either by delivering it or leaving it at the usual or last known place of abode of the person on whom it is to be served, or by sending it by post as a registered letter addressed to that person at his usual or last known place of abode, or by delivering it to some person on the premises, or, if there is no person on the premises, by affixing it on some conspicuous part of the premises, and any such notice or document may be addressed by the description of the 'owner' or the 'occupier' of the premises (naming them) without further name or description.

    (13) Any person offending against any of the provisions of this section shall be liable on summary conviction to a penalty not exceeding ten pounds, and a further penalty not exceeding five pounds for every day during which the offence continues.

    (14) Nothing in this section shall derogate from the powers of the London County Council under the London Building Acts, 1894 to 1923, and in the administrative county of London the London County Council shall be the authority for the purposes of this section."

    The noble Lord said: I beg to more this Amendment formally. It is really consequential, but if the noble Viscount desires to raise any point of detail I shall be very glad to meet him. I accept the Amendments of which Lord Ritchie of Dundee has given Notice.

    Amendment moved—

    After Clause 4, insert the said new clause.—(Lord Strachie.)

    May I draw the noble Lord's attention to subsection (14) of the proposed new clause? It says that nothing in this section shall derogate from the powers of the London County Council under the London Building Acts, and in the administrative County of London the London County Council shall be the authority for the purposes of this section. The London County Council is not the highway authority in London. It is the borough councils, and I do not know how the noble Lord proposes to meet that point.

    I shall be perfectly ready to meet that point on Report stage if the noble Lord puts down an Amendment.

    I hope we shall have some assurance from the Government that they have looked through the wording of this clause. I agree with it in principle, but I think we should have some assurance that a huge Amendment like this has been thoroughly considered.

    I am much obliged to the noble Duke, but earlier in the discussion I stated that, of course, I reserve the right of looking thoroughly at the wording of this new clause and probably moving Amendments on Report stage.

    May I draw the noble Lord's attention to the words "to make or permit to be made any permanent excavation in front of such building line"? A main road might go through a cutting, or the side of a hill with a steep bank, and that hill or bank might be of stone or marble, or some other mineral. I understand that the owner would not be allowed to cut through the embankment in order to get at the mineral because it would be an excavation. Therefore he would be permanently cut off from his minerals in the side of the hill. I do not think the noble Lord meant that, but if that is the meaning of the word "excavation" then the owner of the property would be debarred from cutting through the embankment.

    I am quite ready to meet any objection of that sort. There may be some difficulty on that point, and I would suggest that the noble Lord should put down an Amendment for the Report stage. The reason why the clause is so long is that it was necessary to protect all owners, lessees and tenants. I have already said that I am prepared to move the Amendment with the alterations suggested by the noble Lord, Lord Ritchie of Dundee—namely, to omit the word "now" from subsection (11) and to add to that subsection the words:

    "or belonging to the owners, trustees or conservators acting under powers conferred upon them by Parliament of any canal, inland navigation, dock or harbour, and held by them for the purposes of the canal, inland navigation, dock or harbour."

    On Question, Amendment, as amended, agreed to.

    Clause 5:

    Power to conduct experiments.

    5.—(1) The Minister may, either by himself or through any authority or other organisation approved by him, conduct experiments or trials for the improvement of the construction of roads, or for testing the effect of various classes of vehicles on various types of roads, and may construct such roads and works, erect such plant, provide such accommodation, and, subject to the approval of the Treasury, incur such expenditure as may be necessary for the purpose.

    (2) An experiment or trial under this section shall not be conducted on any highway except with the consent of the authority or person responsible for the maintenance of the highway, and, where the highway is a main road maintained by an urban authority pursuant to subsection (2) of Section eleven of the Local Government Act, 1888, the consent of the county council also.

    moved to add the following new subsection:

    "(3) If damage is caused to the property of any person by anything done in exercise of the powers conferred by this section, that person shall, unless the damage was caused or contributed to by his negligence, be entitled to recover compensation therefor from the Minister."

    The noble Viscount said: This strengthens the provision for compensation, where it is shown to be due to the action of the Minister.

    Amendment moved—

    Page 6, line 38, at end insert the said new subsection.—(Viscount Peel.)

    How does the noble Viscount suggest that compensation is to be recovered from the Minister? Is it by arbitration or otherwise?

    On Question, Amendment agreed to.

    Clause 5, as amended, agreed to.

    Clause 6 agreed to.

    Determination of questions.

    " .—(1) If any question arises under this Act—

  • (a) whether compensation is payable under the provisions of this Act or as to the amount of any compensation so payable; or
  • (b) whether a notice served under this Act shall be withdrawn as respects any requirement or restriction objected to in manner provided by this Act; or
  • (c) whether any expenses were reasonably incurred by any person in carrying out directions contained in a notice served under this Act;
  • the question shall be decided, if the parties so agree, by a single arbitrator appointed by them, or in default of such agreement SLS aforesaid, by the county court.

    (2) A county court shall have jurisdiction to deal with any such question as afore-said, notwithstanding that, by reason, of the amount of claim or otherwise, the case would not, but for this provision, be within the jurisdiction of a county court.

    (3) In determining any question whether a notice served under this Act shall be withdrawn as respects a requirement or restriction objected to, the arbitrator or court shall have power to order that the requirement or restriction shall have effect subject to such modifications, if any, as the arbitrator or court may direct.

    (4) Except in so far as they may be applied by county court rules, the provisions of the Arbitration Act, 1889, shall not apply to any proceedings in a county court under this Act."

    The noble Viscount said: This rather long Amendment is really consequential upon the introduction of the new subsections regarding compensation, and, as the result of provisions as to arbitration being taken out of Clause 4 and being inserted here, it will apply to disputes arising under any of the three sections. There, I think, my noble friend Lord Danesfort will see an answer to his question.

    Amendment moved—

    Page 7, line 5, at end insert the said new clause.—(Viscount Peel.)

    I am not sure that it is an answer to the question, because a Minister of the Crown is to be one of the parties to the proceedings. Are you to be able to proceed against him in the ordinary way, or will he set up the privilege of the Crown? That makes a very considerable difference to the rights of the subject.

    I think the noble Earl is referring to some rather ancient procedure. Under this procedure the county court deals with the matter.

    But there is some difficulty in suing a Minister of the Crown, either in the county court or in any other court. As a rule you have to proceed against him in the form of a Petition of Right, which is an extremely cumbrous and expensive matter. Perhaps the noble Viscount will consider the matter between now and Report.

    I am bound to say that I, too, should be glad if the noble Viscount would consider the matter. The mere fact that you give the county court jurisdiction to decide does not mean that you can proceed by the ordinary procedure of issuing a county court summons and serving it upon the Minister. Perhaps the noble Viscount will consider that point.

    On Question, Amendment agreed to.

    Clause 7:

    Interpretation, short title and extent.

    7.—(1) In this Act the expression "roads" includes bridges, viaducts, subways, road-ferries and footways, and the expressions "common," "open space," and "allotment" have the meanings respectively assigned to them by the Development and Road Improvement Funds Act, 1909

    (2) In the application of this Act to Scotland—

    (b) the expression "judge of the county court" shall mean sheriff;

    moved to leave out paragraph (b) of subsection (2), and to insert: "(b) the expression county court' shall mean 'sheriff's court.'" The noble Viscount said: This is a formal, drafting Amendment.

    Amendment moved—

    Page 7, lines 18 and 19, leave out paragraph ( b), and insert:

    ("(b) the expression 'county court' shall mean sheriff's court'").—(Viscount Peel.)

    On Question, Amendment agreed to.

    Clause 7, as amended, agreed to.

    Title:

    An Act to make further provision for the improvement of roads and for purposes connected therewith.

    Amendment moved—

    After ("roads") insert ("including the prescription of building lines").—(Lord Strachie.)

    On Question, Amendment agreed to.

    Title, as amended, agreed to.

    Allotments Bill

    Order of the Day for the House to be put into Committee read.

    Moved, That the House do now resolve itself into Committee.—( Lord Bledisloe.)

    On Question, Motion agreed to.

    House in Committee accordingly:

    [The EARL Of DONOUGHMORE in the Chair.]

    Clause 1 agreed to.

    Clause 2:

    Loans by Commissioners to allotment societies.

    (3) Lands purchased by an approved society, and in respect of which a loan is made by the Commissioners, shall thereafter be let to members of such society or others and used as allotments, provided that it shall be competent for the society to dispose of the land or any part thereof if so authorised by a resolution passed by two-thirds at least of the members present at a meeting of the society convened for this purpose by a notice stating the proposal for sale and if the consent of the Minister is obtained:

    Provided also that if at the time of such sale any part of a loan made under this section remains unpaid the sale shall also be subject to the consent of the Commissioners.

    Nothing in this subsection shall affect or apply to the use or disposal of any such land by the Commissioners or any persons deriving title under them in such manner as they may think fit.

    THE PARLIAMENTARY SECRETARY OF THE MINISTRY OF AGRICULTURE AND FISHERIES
    (LORD BLEDISLOE)

    moved, in subsection (3), after "thereafter," to insert "while owned by such society." The noble Lord said: This Amendment is not a purely drafting Amendment. This clause authorises an allotment society to sell allotment land. It is obviously not intended to compel the land to be used for allotments after sale, and this Amendment is intended to secure that this shall not be done.

    Amendment moved—

    Page 2, line 8, after ("thereafter") insert ("while owned by such society").—(Lord Bledisloe.)

    On Question, Amendment agreed to.

    The next four Amendments which stand on the Paper in my name are drafting Amendments.

    Amendments moved—

    Page 2, line 15, after ("Minister") insert ("of Agriculture and Fisheries").

    Page 3, line 5, leave out ("Act, 1893") and insert ("Acts, 1893 to 1923")

    Page 3, line 5, line 6, leave out ("and 1908") and insert ("to 1924")

    Page 3, line 5, line 12, after ("Acts") insert ("1908 to 1918").—( Lord Bledisloe.)

    On Question, Amendments agreed to.

    Clause 2, as amended, agreed to.

    Clause 3 agreed to.

    Clause 4:

    Limit of expenditure on provision of allotments.

    4. Notwithstanding the provisions of Section sixteen of the Act of 1922 the council of any borough or urban district may take proceedings under the provisions of the Allotments Acts relating to allotments if, in the opinion of the council, the expenses referred to in such section may reasonably be expected, after the proceedings are taken, to exceed the receipts of the council under those provisions by no greater amount than would he produced by a rate of one penny in the pound.

    moved to leave out Clause 4. The noble Lord said: This is an Amendment of which I have given Notice, and I am sorry that it does not appear upon the Paper. Clause 4 provides that any borough or urban district council may take allotments if—

    "the expenses referred to in such section may reasonably be expected … to exceed the receipts of the council under those provisions by no greater amount than would be produced by a rate of one penny in the pound."
    It also alters subsection (1) of Clause 16 of the Act of 1922 to that effect. That really means that a council can take land for the purpose of allotments and then let it at an uneconomic rent. They may then impose a rate of not more than ld. in the £ upon the ratepayer to enable the holders of the land to have it at an uneconomic rent.

    The subsection of Clause 16 of the Act of 1922 which this clause seeks to amend runs as follows:

    "A council shall not take any proceedings under the provisions of the Allotments Acts relating to allotments, unless in the opinion of the council the expenses of the council incurred under those provisions (other than such expenses as are hereinafter specified) may reasonably be expected, after the proceedings are taken, to be defrayed out of the receipts of the council under those provisions."

    That is to say, only three years ago, with a very extravagant Government in power, presided over by Mr. Lloyd George, it was enacted that a council should not let land for allotments unless they were reasonably of opinion that they could let it without a loss. Now we have a Conservative Government coming forward and saying: "Never mind this; it was three years ago. We will pit in a provision which will enable the county council or urban council to take allotments knowing that there will be a loss, and to make up the loss by a penny rate." That, again, is an instance of the way in which we are every day presented with Bills to increase expenditure, and we are told, as my noble friend Lord Peel told me a few moments ago, that it is only a small amount. But all these little amounts total up, and I sincerely hope that my noble friend Lord Bledisloe will consent to delete this provision. I beg to move.

    Amendment moved—

    Leave out Clause 4.—(Lord Banbury of Southam.)

    This Amendment is to delete that part of the Bill which, in itself, repeals Section 16 of the Act of 1922. Under that clause councils were not entitled to promote allotment schemes unless in their opinion the receipts would be equal to the expenditure. That was laid down in the Act, but I, like the noble Lord, am well aware that, while a council might endeavour quite properly to provide a scheme which would come within that clause, they, like many other people, were frequently disappointed, and the result was a loss which did, as a matter of fact, fall upon the rates. Upon the whole, I think that I would rather see a definite limitation of the burden upon the rates to 1d. in the £ than the haphazard proceeding of the Act of three years ago. The noble Lord said that the object of the Bill was to enable a council to let at an uneconomic rent. This was not the object of the clause—at least, I imagine that it was not—although I admit that under certain circumstances—

    As I have said, this clause is necessary if the other clauses of the Bill are to be properly put into effect. Clause 3 of the Bill provides that in town-planning schemes arrangements have to be made for the provision of allotments. Under Clause 5 of the Bill the council may acquire land for allotments even if they cannot be immediately let. To carry out those ideas it would be impossible for the council to proceed unless they had some latitude in the way of expenditure. It seems to me that for the purpose of the Small Holdings movement, which is now of great social importance, it is necessary for a council to look forward. In the early stages of town development land can be bought, no doubt, cheaply, but as building increases the value of the other land also increases within the borough boundary. It seems to me unfair to the allotment movement to lay down definitely that a council cannot obtain land for allotments until the price has gone up in consequence of the land having reached a higher value, and unless you give the council some power to look a little forward in the matter I think it is quite certain that they will have to let allotments at a rent which it will be difficult indeed for the allotment holders to pay. I suggest to the noble Lord that it would be a good thing if the clause were allowed to remain in the Bill.

    May I make an appeal to the noble Lord? We have had no Notice of this Amendment. It does not appear on the Paper and it does not seem at all clear, and therefore I suggest that we might discuss the matter on the Report Stage. It is quite clear that it is an intricate point, and I myself have an objection to Amendments which do not appear on the Notice Paper. There is always the Report Stage, on which it is easy to discuss such an Amendment, and I hope that the noble Lord will give us an opportunity, by now withdrawing his Amendment, of considering the matter, because not understanding much from the explanation given I shall certainly vote against it to-day.

    I do not think it is my fault that Notice was not given, because I handed the Amendment in at the Table, but by some error, probably mine, it does not appear on the Amendment Paper.

    I said some error, probably mine. I thought I handed it in, but apparently I did not do so. I am quite willing to fall in with the suggestion of the noble Earl opposite, but I would like to say, in answer to Lord Clinton, that Clause 5 will be effective even if Clause 4 is taken out, and that Clause 4 does not limit the expenses to a 1d. rate, but only says that the council may take proceedings if the expenses may reasonably be expected not to exceed a 1d. rate. Therefore if, by any chance, it were found that the expenses do exceed a 1d. rate, I think the same thing would happen. I am, however, willing to withdraw my Amendment for the present.

    Amendment, by leave, withdrawn.

    Clause 4 agreed to.

    Clauses 5 and 6 agreed to.

    Clause 7:

    Amendment of section ten (4) of Act of 1922.

    7. The right of a tenant to claim compensation under subsection (4) of Section ten of the Act of 1922 shall be exercisable notwithstanding that it is otherwise agreed in the contract of tenancy in any case where the rent payable by the tenant under his contract of tenancy for the land exceeds threepence per pole unless, in the case of a tenancy existing at the passing of this Act, the council within three months

    after the passing of this Act gives notice in writing to the tenant that the rent of the land is as from the last preceding date for payment of rent reduced to a rent et threepence per pole or less.

    moved to omit all words after "the right of a tenant to claim compensation" and to insert "in cases where notice to quit is given under Section 1 or 10 of the Act of 1922, the occupier shall be entitled to compensation for growing crops and unexhausted manures, and such parts of these sections as provide otherwise are hereby repealed." The noble Lord said: I move this Amendment on behalf of a very large Small Holdings and Allotment Federation, who have written to me to this effect:—

    "This Federation of registered land-renting allotment societies, representing 16,000 allotment holders in Bristol and district, profoundly regret that on the Motion of Mr. Wood, Minister of Agriculture, the House of Commons agreed to the deletion of Clause 8 of Captain Bourne's Allotments Bill. And this Federation respectfully asks Lord Strachie to move the re-insertion of this Clause 8 when the Bill reaches the House of Lords."
    My Amendment merely puts back the Bill into the state in which it was originally introduced by Captain Bourne in another place.

    It went through the Standing Committee, but, of course, not without protest, because I noticed that a Conservative Member moved to omit it on the ground that he did not want to commit the Ministry to the principle of limiting the compensation to between April 6 and September 29. I think the Parliamentary Secretary will remember perfectly well that when the Act of 1922 was being discussed in this House a great deal of objection was taken to that particular question, because many of us argued that it was not right that the allotment holder should not have compensation for the winter months, because there would be unexhausted manurial value. Very naturally the allotment holders objected to the limit to the compensation and thought that if they paid rent there also should be compensation. That is the reason why I move to put in what was originally in this Bill as introduced by Captain Bourne, and which was approved of by allotment holders generally.

    When the Bill came back to the House of Commons Mr. Wood said that there

    was great difficulty in dealing with the matter and in moving what is now Clause 7, he said:—

    "I need only add that I have had an opportunity of ascertaining the views of those who represent the allotment holders, and, although I should misrepresent them if I said that they were totally satisfied with this clause, I can with truth say that they appreciate the immense difficulty of upsetting the 1922 bargain, and that on the whole they are prepared to think that this is not an unreasonable compromise."

    That is all very well, but a very strong supporter of the Conservative Government, Mr. Hurd, who is a Member for one of the Wiltshire Divisions, and whom I am sure the Parliamentary Secretary knows very well, said:

    "It is very difficult to understand this clause, and I should be much obliged if the right hon. gentleman would tell us between whom it is a compromise. What parties have been discussing this matter and how has this decision been reached?"

    Mr. Wood only repeated exactly what he had said before—namely, that the matter had been discussed by the representative of the allotment holders in the light of the full discussions and known difficulties that revealed themselves in the course of the Departmental Committee's deliberations.

    I cannot help thinking that he cannot have consulted any very large body of allotment, holders and that it must have been a hole-and-corner compromise. I may, of course, be wrong. He will no doubt tell us who they were, and, of course, they may represent more allotment holders even that the federation on behalf of whom I am speaking. I cannot see the advantage which is to be gained by saying that no compensation is to be paid when any rent is beyond £2 per acre. That is referred to in another part of the OFFICIAL REPORT of the debate in the House of Commons on the Allotments Bill, when Mr. Wood formally moved his consequential Amendment, and Colonel Wedgwood explained what was meant by that when he said:—

    "I think, on the whole, we might be prepared to accept this compromise. I am moved toward accepting it by the fact that it will, to a certain extent, stabilise the idea that 3d. per pole is a legitimate rate to ask allotment holders. Threepence a pole is the equivalent of £2 per acre. That is a good enough rent for any land. It is with that in view that I think it would be wise to accept this Amendment. I hope the development of allotments under this clause will be of considerable benefit to the community."

    It is quite evident that Mr. Wood wanted to get the Bill through easily, and was able to do so by making a deal with the Labour Party; by putting upon record that no land was worth more than £2 per acre. I cannot see why a man who pays 50 s. per acre should be excluded from any benefit at all. I am exactly in the position of Mr. Hurd, who is a much greater authority than I am—I am perfectly at sea as to what is really meant by this clause. No doubt the noble Lord will be able to explain.

    Amendment moved—

    Page 5, line 6, leave out from ("compensation") to end of clause and insert ("cases where notice to quit is given under section one or ten of the Act of 1922, the occupier shall be entitled to compensation for growing crops and unexhausted manures, and such parts of these sections as provide otherwise are hereby repealed").—(Lord strachie.)

    My Lords, the noble Lord suggests that he desires to reinsert in the Bill the original Clause 8, as introduced in the House of Commons. That clause was quite meaningless, as was ultimately admitted by all parties who took part in its discussion. I am sure the noble Lord will not take any offence if I suggest that his proposed Amendment renders this clause equally meaningless. If these words are inserted the clause will read as follows:—

    "The right of a tenant to claim compensation in cases where notice to quit is given under Section one or ten of the Act of 1922, the occupier shall be entitled to compensation for growing crops and unexhausted manures, and such parts of these sections as provide otherwise are hereby repealed."
    Although this Amendment would render the clause meaningless, I think I fully understand what the noble Lord desires, and, so far as his general purpose is concerned, I personally have a considerable measure of sympathy with him. But this is a case in which there is a conflict of equities, and we are bound in fairness to consider the equities of the other side.

    The noble Lord has confused two entirely different types of allotment holders, as provided for in this and the previous Bill of 1922. These two types are as follows. There is the first type who is the ordinary tenant of an allotment gar- den, who is generally referred to as Section I type, referring, of course, to Section I of the Act of 1922. The other type, to which this particular Clause refers, is a Section 10 type of allotment holder, who always has been, and always will continue to be, a person in a somewhat precarious position. He is the person who occupies what was previously unoccupied land, and only became subject to cultivation during the period of the War, very often on what was previously a rubbish heap in the middle of a town, in order to produce food during that critical period. One effect of the 1922 Act, so far as he is concerned, was to stabilise his position, otherwise when the Defence of the Realm Act ceased to operate his tenancy would similarly have ceased.

    I hope the noble Lord realises this, because he is now submitting an Amendment as though it related to both types of allotment holders, when, in fact, this clause relates to one only, and that a class of person who is admittedly and necessarily in a precarious position. What is his position? He is informed that he is not going to be entitled to any compensation for unexhausted manures if he is charged no more than a nominal rent—a nominal rent which was fixed by the House of Commons at 3d. per perch. If his rent is more than 3d. per perch he will be at once transferred to the category of persons who will be entitled to receive compensation, and who have a particular measure of stability of tenure provided for them under Section I of the 1922 Act.

    Now, what about this first group of allotment holders? Their reasonable claims have repeatedly come before the Allotments Committee of the Ministry of Agriculture, over whom I have the honour to preside, and who are composed of the various interests—local authorities, owners and allotment holders—who are concerned in this allotment movement. The allotment holders, through their representatives, have repeatedly told us—and the same has been given utterance to in the House of Commons—that what they want is rather stability or security of tenure than compensation. In effect, this security of tenure is given to them, and was given after a great deal of discussion and negotiation, by Section 1 of the Act of 1922. The owners there were subjected to all sorts of obstacles which would stand in the way of their vexatiously or unreasonably disturbing these people in their allotments unless they were wanted for purposes of superior importance from a national standpoint; and the arrangement then made, as amended by this Bill, is that six months' notice, which will expire outside the cropping period, shall be given to these men to enable them to harvest their crops. But where land is wanted at short notice for a purpose of superior importance this Bill itself provides that they shall be given compensation not merely for their crops, but for the manures, exhausted and unexhausted, which have been applied to those crops.

    In fact, in this case, unlike the case of the agricultural tenant, the allotment holder obtains a larger measure of compensation than is provided by the Agricultural Holdings Act, because Section 2 (3) of the 1922 Act sets out that he is able to obtain, when dispossessed at short notice, the value of his crop and the value of the manures applied to it, although part of the value of that manure has passed into the crop. In other words, he gets the whole value of the manures, and not the unexhausted value only. However sympathetic we may be with the claims of the allotment holders, we have to bear in mind that this land at present occupied by them may be required for municipal purposes of greater importance, and one effect of attempting to charge any large amount by way of compensation upon these allotments, when the tenants are dispossessed, is almost necessarily to force up the price of the land, and to make it more expensive for the purpose of cottage building, or for other purposes of municipal importance. I hope, in these circumstances, that the noble Lord will see his way not to press his Amendment, especially in view of the fact that this is an agreed amendment of the original Bill which has been the subject of a considerable amount of discussion and negotiation between all parties interested, and, as the matter left the House of Commons, it was deemed to be finally settled.

    On Question, Whether the words proposed to be left out shall stand part of the Clause?

    Their Lordships divided:—Contents, 23; Not-Contents, 11.

    CONTENTS.

    Cave, V. (L. Chancellor.)Onslow, E.Bledisloe, L.
    Plymouth, E. [Teller.]Clinton, L.
    Salisbury, M. (L. Privy Seal.)Stanhope, E.Danesfort, L.
    Deramore, L.
    Bedford, D.Cecil of Chelwood, V.Desborough, L.
    Hutchinson, V. (E. Donoughmore.)Dynevor, L.
    Clarendon, E.Jessel, L.
    Doncaster, E. (D. Buccleuch and Queensberry.)Sempill, L.
    Askwith, L.Somers, L.
    Lucan, E. [Teller.]Banbury of Southam, L.Templemore, L.

    NOT-CONTENTS.

    Lincolnshire, M. (L. Great Chamberlain.)Russell, E.Muir Mackenzie, L.
    Rathcreedan, L.
    Allendale, V. [Teller.]Stanmore, L. [Teller.]
    Beauchamp, E.Strachie, L.
    De La Warr, E.Elgin, L. (E. Elgin and Kincardine.)Thomson, L.

    Resolved in the affirmative, and Amendment disagreed to accordingly.

    Clause 7 agreed to.

    LORD STRACHIE moved, after Clause 7, to insert the following new clause:—

    "No land at present cultivated as allotments shall be taken for recreation unless it can be proved that the land was acquired for recreation before it was used for allotments."

    The noble Lord said: This Amendment is really self-explanatory and 1 should think that the noble Lord would be ready to accept it. It seems only reasonable that men who are doing good work by cultivating land and producing food for the country should not be turned out merely to allow a cricket club or a football club to occupy it. It seems only right and natural, and I am very much surprised that the noble Lord has not himself suggested an Amendment of the kind. I beg to move.

    Amendment moved—

    Page 5, line 16, at end insert the said new clause.—(Lord Strachie.)

    I find it difficult to believe that the noble Lord seriously means this Amendment and I hope he will consider for a moment what is likely to be its effect. According to him, having once earmarked land for allotment gardens, whatever may be the recreational requirements of a large town or city under an improvement scheme or otherwise, that land has always to be used for allotments and can never be devoted to the purposes of recreation. If I may be allowed to say so, it is so obviously absurd a contention that I hope your Lordships will not accept the Amendment.

    After what the noble Lord has said I, of course, withdraw my Amendment at once. I do not think, however, that the 16,000 men who asked me to move the Amendment would think that it is absurd, but would really think that the noble Lord was absurd in saying so.

    Amendment, by leave, withdrawn.

    Clauses 8 and 9 agreed to.

    Clause 10:

    Rating of new allotments.

    10. Where after the date of this Act coming into operation land which is not used for allotments commences to be so used the gross value, or the gross estimated rental at which the land is assessed immediately before such user, shall not be increased during the first three years of such user, and where the land so used was immediately before such user included with other land in one assessment, the gross value or gross estimated rental of the land included in that assessment shall for the purposes of this section be apportioned according to acreage as between the land used for allotments and the other land.

    I beg to move the two drafting Amendments which stand in my name on the Paper.

    Amendments moved—

    Page 5, line 38, after ("rental") insert ("for the purposes of any enactment relating to rating")

    Page 5, line 42, after ("assessment") insert ("in the valuation list in force").—( Lord Bledisloe.)

    On Question, Amendments agreed to.

    moved, at the end of the clause, to insert: "provided that if on the application of any person interested, or without any such application, it appears to the Assessment Committee that apportionment according to acreage would work an injustice, the gross value or gross estimated rental shall be apportioned in such manner as the Assessment Committee may determine." The noble Lord said: The object of this Amendment is to prevent any injustice being done by an attempt to apportion the assessment equally according to acreage. The point is a simple one. Assuming that this Chamber were divided up and that on half of it there stood a house and other buildings and that the other half was vacant, it would be obviously unfair to spread the assessment equally over the whole area when one part of it clearly had a higher value than the rest. I beg to move.

    Amendment moved—

    Page 6, line 3 at end insert the said proviso.—(Lord Bledisloe.)

    On Question, Amendment agreed to.

    Clause 10, as amended, agreed to.

    Clause 11 agreed to.

    Clause 12 ( Allotment committees of urban authorities):

    moved to add the following new subsection:"(3) This section shall not come into operation until the first day of November 1925." The noble Lord said: The object of this Amendment is to give sufficient time for the local authorities to adjust their committees in accordance with the provisions of this clause. I beg to move.

    Amendment moved—

    Page 6, line 25, at end insert the said new subsection.—(Lord Bledisloe.)

    On Question, Amendment agreed to.

    Clause 12, as amended, agreed to.

    Clause 13:

    Records of purchase price, rent, and rateable value of land required

    13. Where land is purchased or leased by a local authority under the Allotments Acts, 1908 to 1922, or this Act, the local authority shall record the purchase price or rent agreed to be paid for the land, and the gross value, or gross estimated rental at which the land is assessed for rating purposes at the date of its acquisition, where it is separately so assessed, or an apportioned estimate when it is not so separately so assessed, and the particulars so recorded shall be included by each local authority in their annual report to the Minister of Agriculture and Fisheries under Section fifty-nine of the Small Holdings and Allotments Act, 1908.

    moved to leave out "an apportioned estimate when," and insert "the apportioned part thereof as estimated by the local authority, where." The noble Lord said: This Amendment is consequential upon one that I moved previously and I think it speaks for itself. I beg to move.

    Amendment moved

    Page 6. lines 32 and 33, leave out ("an apportioned estimate when") and insert ("the apportioned part thereof as estimated by the local authority, where").—(Lord Bledisloe.)

    On Question, Amendment agreed to.

    Clause 13, as amended, agreed to.

    Remaining clause agreed to.

    Improvement Of Land Act (1899) Amendment Bill

    House in Committee (according to Order): Bill reported without amendment.

    Ministers Of Religion (Removal Of Disqualifications) Bill

    Order for the House to be put into Committee read.

    My Lords, I beg to move that the House resolve itself into Committee on this Bill.

    My Lords, I desire to point out that this Bill received its Second Reading only on Monday last, and that is a very short period ago. Although I do not think the Bill is likely to meet with opposition I venture to suggest we should observe the general rule of allowing a full week to elapse between the Second Reading and Committee stages.

    The Bill was accepted unanimously by your Lordships' House, but if the noble Earl presses me I shall not resist his appeal to adjourn the Committee stage of this Bill till a later stage.

    Committee put off to Tuesday next.

    Coastguard Bill Hl

    Read 3a (according to Order): Privilege Amendments made: Bill passed, and sent to the Commons.

    House adjourned at five minutes before eight o'clock.

    From Minutes Of June 22

    Clydebank Burgh Extension Bill

    Brought from the Commons; read 1a ; and referred to the Examiners.

    Pontypridd And Rhondda Joint Water Board Bill Hl

    Returned from the Commons, agreed to, with Amendments.

    Southern Railway Bill Hl

    Returned from the Commons, agreed to, with Amendments: The said Amendments considered, and agreed to.

    Barrow-In-Furness Corporation Bill

    Reported with Amendments, and recommitted; the Committee to be proposed by the Committee of Selection.

    Report from the Committee of Selection, That the five Lords appointed a Select Committee on the Bath Corporation Bill and other Bills do form the Select Committee for the consideration of the Barrow-in-Furness Corporation Bill; read, and agreed to: All Petitions referred to the Committee, with leave to the petitioners praying to be heard by counsel against the Bill to be heard as desired, as also counsel for the Bill

    Stockton-On-Tees Corporation Bill

    Reported from the Select Committee, with Amendments.

    Hartlepool Corporation Bill

    Committed: The Committee to be pro posed by the Committee of Selection.

    Report from the Committee of Selection, That the five Lords appointed a Select Committee on the Bath Corporation Bill and other Bills do form the Select Committee for the consideration of the Hartlepool Corporation Bill; read, and agreed to: All Petitions referred to the Committee, with leave to the petitioners praying to be heard by counsel against the Bill to be heard as desired, as also counsel for the Bill.

    Gas Regulation Act, 1920, Special Orders

    Draft of a Special Order proposed to be made by the Board of Trade under Section 10 of the Gas Regulation Act, 1920, on the application of the Brentwood Gas Company:

    Draft of a Special Order proposed to be made by the Board of Trade under Section 10 of the Gas Regulation Act, 1920, on the application of the Southampton Gaslight and Coke Company:

    Laid before the House (pursuant to Act) and referred to the Special Orders Committee.