House Of Lords
Monday, 21st December, 1925.
The House met at a quarter past three of the clock, The LORD CHANCELLOR on the Woolsack.
Private Bill Standing Orders
My Lords, I beg to move the Amendments of which Notice has been given to the Standing Orders relating to Private Bills—the first five pages of the Order Paper. They are a formidable number, but I think I can explain them very shortly. No doubt it would be convenient for me to take them, as I can, in four groups instead of taking all these Amendments one by one. There are really four subjects dealt with. The first deals with the application of Standing Orders to Private Bills relating to Northern Ireland—or rather a little more than that; it deals with the situation which has been brought about in our Private Bill legislation as the result of the legislation of 1920 and 1922, that is, since the setting up of the Northern Parliament and the Irish Free State. So far as the Irish Free State is concerned your Lordships' Standing Orders need take no further notice of legislation arising in that part of the Empire; but as regards Northern Ireland some sort of difficulty has occasionally arisen and may arise again. That is why the Standing Orders appear in the form in which they do, including particularly the new Standing Order 181A.
I do not think I can better illustrate the necessity for this particular Standing Order than by reminding your Lordships of a Bill that your Lordships passed dealing with Lough Swilly Railway, a railway which starts in Derry and runs out to the west coast of Donegal. The headquarters office and about 100 yards of the line of that railway are in Northern Ireland and the remainder of the railway is in the Irish Free State. When, a Session or two ago, it was necessary that Parliamentary authority should be got to certain financial proposals a great difficulty arose as to how these could be best dealt with. It is to meet a case of that kind that the new Standing Order 181A is proposed. It proposes that in all simple cases the Lord Chairman should be authorised to make whatever arrangements are necessary, and in any case of difficulty, of course, the matter would go to the. Standing Orders Committee. I think that is a convenient proposal. It will enable us to deal with cases as they arise, and if experience shows that any further proposal is required it is quite easy to make the necessary proposal to the House. The second subject dealt with is a revision of the form of estimates which is to be deposited in respect of permanent works proposed to be executed. At present the deposit, and estimate are made under Standing Order 36A and experience has shown us that the working under that Standing Order has not been satisfactory at all in practice. We propose, therefore, to substitute as an appendix to the Standing Order a much more detailed and illuminating form of estimate. This form has been settled after considerable discussion with the Ministry of Health, with representatives of local authorities and, of course, with the officials of both Houses. I understand that similar Amendments were made in another place before the August, adjournment, and it is a matter on which I think it is obviously highly desirable that both Houses should follow the same practice. It is only right that I should here mention that three-quarters of an hour ago I received a letter from my noble friend Lord Monk Bretton, who cannot be in his place to day, on behalf of the London County Council, objecting to the form of a part of this Schedule—namely, the obligation that is put upon parties of stating in the detailed estimates their estimated cost of purchases of land. The difficulty feared is that where only one piece of land has to be purchased under a Bill the promoting authority do not want to give away the price that they may have to pay. In view of future negotiations I should think myself, at first sight, that the fact that the price they thought the land was worth was disclosed at an early date would facilitate the purchase and not make it difficult. But be that as it may, I do not think it would be at all reasonable to ask your Lordships at the moment to depart from the form of estimate as I submit it to your Lordships, for it is, as I have said, the result of months of discussion by those primarily concerned. But the Standing Orders are always in your Lordships' hands and we can easily amend them if experience later shows that it is desirable we should do so. The third heading covered by the Amendments is the revision of certain fees paid in connection with the work of your Lordships' House. Some of the fees are left unchanged and some are increased, but I can shorten matters by saying that we are again taking opportunity of getting into harmony with the practice in the House of Commons and with the practice in the Record Office. Your Lordships will understand that people requiring copies of ancient documents have a very similar procedure to go through in the Record Office as they have amongst the archives of your Lordships' House. I have been carefully through the amounts with those of more experience than I possess and I am quite satisfied that the new fees are not on an extravagant or unreasonable scale. That being so I leave them in your Lordships' hands. Lastly, the verbal Amendments in Standing Order 93A I think explain themselves. They are obviously only designed to correct mistakes. Those really being all the points covered by this very large number of Amendments I will not weary your Lordships by enlarging them, but if there is any question on any particular one that your Lordships would desire information about I will do my best to answer it. I think, however, that I have covered all the salient points. I therefore move this Motion which stands in my name.Moved, That the Standing Orders relative to Private Bills he amended as follows:—
22. Leave out ("and in Ireland the local and road authorities shall be the district councils and the county councils respectively").
24. Leave out ("or Ireland").
26B. Leave out paragraph (1).
Leave out ("also").
29. Leave out paragraph ( e).
30. Leave out ("if in Ireland at the Irish Office").
33. In paragraph (3) leave out ("or Ireland"), and leave out ("or the Irish Office as the case may be").
In paragraph (11) leave out ("or if the property is in Ireland at the Office of the Commissioners of Public Works in Ireland").
In paragraph (12) leave out ("England, Wales or Ireland") and insert ("England or Wales").
36A. For the words ("Expenditure for any permanent works proposed to be executed") there shall be substituted the words ("Expense of any work or purpose described in the Appendix marked (C) proposed to be carried out"), and for the words from and including ("The Estimates shall be in the following form") to and including the words ("the probable life of the works") there shall be substituted the words ("The Estimates shall be in the form set forth in the Appendix marked (C) or as near thereto as circumstances may permit, and no other Estimates shall be required from the promoters").
38. Leave out the whole Order.
57. Leave out ("or with the Accountant-General of the Supreme Court of Judicature in Ireland if the work is intended to be done in Ireland").
60. Leave out ("or Ireland").
Leave out ("Edinburgh or Dublin") and insert ("or Edinburgh").
61. Leave out ("Edinburgh or Dublin") and insert ("or Edinburgh").
63. Leave out ("Edinburgh or Dublin") and insert ("or Edinburgh").
65. Leave out ("Edinburgh or Dublin") and insert ("or Edinburgh").
66. Leave out the whole Order.
77. Leave out ("or in Ireland").
89. Leave out ("or Ireland") where those words first occur, and leave out ("for England or Ireland as the case may be").
93A. Leave out first ("adjournment") and insert ("recess'').
Leave out ("on which the House sits after the adjournment") and insert ("after the recess on which the House sits for business other than Judicial Business'').
111. Leave out the whole Order.
114. Leave out ("[the Queen's Remembrancer of the Court of Exchequer in Scotland or the Accountant-General of the Supreme Court [in Ireland]") and insert ("[or the King's Remembrancer of the Court of Exchequer in Scotland]").
Leave out ("Scotland or Ireland") and insert ("or Scotland").
115. Leave out ("or the Accountant-General of the Supreme Court [in Ireland]").
116. Leave out ("or Dublin").
135. Leave out the whole Order.
155. Leave out the whole Order.
169. Leave out the whole Order.
170. Leave out the whole Order.
174. Leave out ("or in Ireland").
181. After this Order insert—
("Part Vi
"Order With Respect To Bills Relating To Northern Ireland
"181A. Where a Bill is promoted which relates wholly or partially to Northern Ireland, these Orders shall apply to that Bill subject to such adaptations and modifications as may be prescribed by general or special directions of the Lord Chairman, or of the Standing Orders Committee in cases where the Lord Chairman thinks fit to refer the matter to that Committee.
"Nothing in this Order shall be taken as implying any extension of the cases in which Bills relating to Northern Ireland may properly be promoted in the British Parliament").
191. After this Order insert—
("192. The Fees to be charged and taken in respect of Special Orders in the House of Lords shall be those set forth in the Table marked (B) in the Appendix.")
In the Schedule of Fees set out in Appendix B:
After the table of fees in respect of Provisional Order Confirmation Bills, insert the following:—
("Special Orders
In respect of any such Special Order as is referred to in paragraph (3) (ii) of Standing Order 191.
On the laying of the Order before the House a fee of £5 is charged to the applicants for the Order.
The same fees are charged to applicants and opponents at the Committee stage in the case of opposed Special Orders as in the case of Local Bills.
No other fees are charged.")
Leave out the Table of General Fees and insert the following new table:—
("General Fees
| ("GENERAL FEES. | ||||
£
| s. | d. | ||
| 1. | For every certificate signed by the Chairman of Committees | 2 | 0 | 0 |
| 2. | Inspection of a Plan or other Document | 0 | 7 | 6 |
| 3. | For copies of all Documents per folio of 72 words:— | |||
| If 5 folios or under | 0 | 3 | 9 | |
| It above 5 folios, per folio | 0 | 0 | 9 | |
| The inspection fee to be charged in addition when the Document is two years old and upwards. | ||||
| 4. | Copies of Documents earlier than Geo. III, per folio | 0 | 2 | 0 |
| 5. | Copy certified by the Clerk of the Parliaments | 1 | 0 | 0 |
| If Document earlier than Geo. III certification (in addition to the above) | 0 | 10 | 0 | |
| 6. | Examining Prints of Acts for Certification:— | |||
| Per 100 folios | 0 | 12 | 6 | |
| Certification | 1 | 0 | 0 | |
| Inspection Fee if Act two years old or upwards | 0 | 7 | 6") | |
After Appendix (B) insert the following new Appendix:—
("Appendix (C)
Form of Estimates.
| Purpose. | Amount. |
| Purchase of land, minerals, and permanent rights | £
|
| Easements for works, e.g., way-leaves for sewers, water pipes, etc. | |
| Laying out land (specifying purpose and nature of works) | |
| Buildings (stating, generally, their nature and construction) | |
| Boats (stating, generally, their character) | |
| Bridges (stating, generally, their character and type of construction | |
| Canals:— | |
| Earthworks | |
| Locks, etc. | |
| Reservoirs | |
| Electricity:— | |
| Mains— | |
| Main transmission lines | |
| Feeders and distributors | |
| Machinery and plant | |
| (In the case of generating plant specify whether steam, gas, diesel, etc.) | |
*Purchase of electricity undertaking where the price has been fixed | |
| Ferries (specifying type):— | |
| (a) Vessels | |
| (b) Landing stages, etc. | |
| Furniture and moveable equipment | |
| Gas:— | |
| Generating plant | |
| Gas holders | |
| Mains— | |
| Cast iron | |
| Steel | |
*Purchase of gas undertaking where the price has been fixed | |
| Harbours, Docks, and Piers:— | |
| Docks, etc. (stating, generally, character and method of construction) | |
| Breakwaters— | |
| (a) rubble mound | |
| (b) concrete block | |
| Piers— | |
| (a) ferro-concrete | |
| (b) timber | |
| Machinery (cranes, pumping machinery, dredgers, etc.) | |
| Machinery not included under other headings (stating, generally, its character) | |
| Omnibuses (specifying type) | |
| Roads and Streets:— | |
| New roads | |
| Roads or street widening | |
| Works, of street improvement |
| Purpose. | Amount |
£
| |
| Sea Defence Works (stating, generally, their character and materials to be used) | |
| Sewage Disposal Works:— | |
| Tanks | |
| Machinery | |
| Sewers:— | |
| Brick, concrete, cast iron, glazed ware | |
| Concrete tubes, reinforced | |
| Steel pipes | |
| Tramways, Tramroads, and Trackless Trolley Undertakings:— | |
| Depôts and ear sheds | |
| Permanent way— | |
| (a) public road lines | |
| (b) separate track on sleepers | |
| Electrical equipment— | |
| (a) Posts and overhead wires | |
| (b) Cables and feeders | |
| (c) Generating plant | |
| Cars | |
| Waterworks:— | |
| Mains— | |
| Cast iron | |
| Steel | |
| Concrete or other material (specifying) materials | |
| Reservoirs— | |
| Impounding (with earth or masonry dams) | |
| Service (specifying nature of construction) | |
| Pumping machinery | |
| Filters— | |
| Gravity | |
| Pressure | |
| Sterilization plant | |
| Wells or other works | |
* Purchase of water undertakings where the price has been fixed | |
On Question, Motion agreed to, and ordered accordingly. Standing Orders to be printed as amended.
Business Of The House
My Lords, I beg to move, That Standing Orders No. XXI and No. XXXIX be considered in order to their being suspended for this day's sitting. I think the Motion is not unusual at this time of the Session: indeed, it is generally moved a good deal earlier.
* The Estimate should be accompanied by an Engineer's Report as to age, extent, condition, and value of the works, divided under suitable headings").—( The Earl of Donoughmore.)
Moved, That Standing Orders No. XXI and No. XXXIX be considered in order to their being suspended for this day's sitting.—( The Marquess of Salisbury.)
On Question, Motion agreed to and ordered accordingly.
West Midlands Electricity District Order, 1925
My Lords, I beg to move the Motion standing in my name on the Paper.
Moved, That the Order which was presented on the 25th day of June last be approved with modifications.—( The Earl of Plymouth.)
On Question; Motion agreed to.
Audley Gas Order, 1925
BOLLINGTON GAS ORDER, 1925.
TAMWORTH GAS ORDER, 1925.
WORTHING GAS ORDER, 1923.
My Lords, I beg to move.
Moved, That the Draft Special Orders which were presented on the 1st instant be approved.—( The Earl of Plymouth.)
On Question, Motion agreed to.
Sidmouth Gas Order, 1923
My Lords, I beg to move the Motion standing in my name.
Moved, That the Draft Special Order which was presented on the 1st instant be approved with modifications.—( The Earl of Plymouth.)
On Question, Motion agreed to.
Blackburn Electricity (Extension) Special Order, 1925
HELENSBURGH ELECTRICITY
SPECIAL ORDER, 1925.
LEYLAND ELECTRICITY SPECIAL
ORDER, 1925.
NORTH BERWICK ELECTRICITY SPECIAL ORDER, 1925.
PONTYPOOL ELECTRICITY (AMENDMENT) SPECIAL ORDER, 1925
WEST WILTS ELECTRICITY (EXTENSION) SPECIAL ORDER, 1925.
My Lords, I beg to move that these Special Orders which were presented on the first instant be approved.
Moved, That the Special Orders which were presented on the 1st instant be approved.—( The Earl of Plymouth.)
On Question, Motion agred to.
Aylesbury Electricity (Exten Sion) Special Order, 1925
My Lords, I beg to move that this Special Order which was presented on the first instant be approved with an addition.
Moved, That the Special Order which was presented on the 1st instant be approved with an addition.—( The Earl of Plymouth.)
On Question, Motion agreed to.
Horley And District Electricity Special Order, 1925
Debate resumed (according to Order) on the Earl of Clarendon's Amendment to the Motion of the, Viscount Peel (moved on Tuesday, December 8), That the Special Order which was presented on the 15th day of July last be approved—namely, to leave out all the words after "That" and to insert "having regard to the decision of a Select Committee of this House upon the Horley and District Gas Company (Electricity Supply) Bill (H.L.) the Special Order be not approved."
My Lords, in view of what the Lord Chairman said to your Lordships last week and also in view of the fact that the agents on behalf of the Horley Gas Company do not desire to proceed further with this matter, I do not propose to ask your Lordships to proceed to a Division. I therefore beg leave to withdraw the Amendment standing in my name.
Moved, That leave be given to the Earl of Clarendon to withdraw his Amendment.—( The Earl of Clarendon.)
My Lords, before this Amendment is withdrawn I should like to call your Lordships' attention to what I think is the very unfortunate position in which this Horley and District Special Order and the competing Gas Bill have got themselves. I will not go into the merits because I know nothing of the merits. I have had no opportunity of hearing the evidence. The evidence has not been submitted to us and therefore I am not in a position to say anything with regard to the merits of these respective competing schemes.
I do observe, however, that the Gas Company came at the beginning of the Session to this House with a Bill. The Bill received a. Second Reading and went through the Committee Stage. After four days' consideration it was unanimously passed by the Committee. The Bill subsequently passed your Lordships' House and went to the other House. When it reached the other House the Bill went before a Committee of that House and, after consideration in Committee, it was defeated. No complaint can be made about that. It is not the first time that a Bill which has passed through your Lordships' House has been rejected in another place. Now comes a difficulty. The competitors applied for an Electricity Order. In order to obtain it they had to go before the Ministry of Transport. One would have thought that the Ministry of Transport, having been informed that there were competing parties in this matter, before making an Order in favour of the applicants would at least, have inquired whether there was any competition and would have insisted upon hearing the ease for the competitors. No such proceeding, as I understand took place. The case for the competitors was never heard or presented before the Ministry of Transport. It was riot presented for this reason—that the Gas Company had got their Bill through the first House. Whether wisely or foolishly I do not know and it is not for me to say, but they took up the position j'y suis, j'y reste—I have got my Bill through the first House, and it is now for the second House to consider. The Ministry of Transport do not seem to have taken this fact sufficiently into consideration. They thereupon passed the Electricity Order, putting aside altogether the proposals which were embodied in the Bill. They passed the Order, it received the assert of another place and then came up here to receive the assent of your Lordships' House. Let us see what the position is. We are asked now by the Ministry of Transport, who have never had a public hearing of the case or considered the views of the competing parties, to accept their Order made in favour of one party which has never been heard in this House. You have, therefore, the spectacle of this House, which has heard and approved and presumably supports the finding of its Committee, being asked to reverse its decision upon the ipse dixit of the Ministry of Transport which has never heard the competing parties. We, who have never heard them, are asked to accept the views of the Ministry. I do not believe that it was ever contemplated when the Act under which the Electricity Orders are made was passed that such a state of things as this should arise, and it seems to me the position is an unfortunate one. I should very much like to know what is to happen in the future. Are we to be treated to another spectacle of conflicting procedure, or will the Ministry of Transport he careful in the future to hear both competing parties before they pass an Order, or how is such a position to be dealt with? It is obvious that such a. position might easily arise, especially if we bear in mind the fact that we have really invited it to arise by passing the Statutory Gas Companies (Electricity Supply Powers) Act, 1925. That seems to be a special invitation to the companies situated as the Horley Gas Company is to come and ask for electricity powers. At this time of the Session and at this period I suppose it would be too much to ask your Lordships to reject. the Order of the Ministry of Transport; but upon my word I believe the best solution of the whole difficulty would be that neither scheme should go through this Session, and that at the beginning of next Session both parties should start afresh and get a proper hearing before the tribunal of Parliament. Then everybody would be satisfied after the cases had been properly heard by a properly constituted tribunal.My Lords, I do not know whether your Lordships would allow me to say a word or two upon this very confused matter. I have no right to speak on this main question, because I have already addressed your Lordships, but it is only with a view of keeping the matter clear that I ask leave to say a word. My noble friend has raised this question again. He is aware, no doubt, that it has been under the consideration of this House already on two occasions. I am certain, I may say in the first place, that any observation which falls from him, with his immense experience, will not fall upon deaf ears, and that so far as the Ministry of Transport are concerned, a proper note will be taken of what he has said.
So far as your Lordships are concerned, I would venture to recall to the memory of noble Lords what actually occurred. When this Electricity Order was originally submitted to your Lordships' House an Amendment was moved by my noble friend Lord Clarendon, not as a member of the Government but as the Chairman of the Private Bill Committee to which my noble friend has just referred. That Committee considered this Bill of the Gas Company, which was afterwards rejected in another place. Discussion took place in this House and it became apparent that there was considerable doubt in the mind of noble Lords as to what the precise facts were. Several matters which my noble friend has mentioned entered into the difficulty which was in your Lordships' minds. Finally, some of us thought that the House was really not in a position to arrive at a decision as matters stood because it was not sure of the facts, in particular, in regard to the matte: which has been so pointedly urged by my noble friend—that the Gas Company had not had a proper opportunity of being heard in the inquiries, one of which was by the Ministry of Transport., in the course of the proceedings. Consequently, we finally resolved to do what I think my noble friend would entirely have agreed to had he been present. We resolved to send the Order back to the Special Orders Committee so as to have a Special Report from them as to the line it would be wise for your Lordships to take upon this matter. The Special Orders Committee was established last year, baying in view the very sort of circumstances which have occurred, to guide your Lordships as to how you ought to proceed when an Order was submitted to you for confirmation which was rather out of the common and not according to the ordinary rules; in short, just, such a case as this. We hoped to get guidance from the Special Orders Committee and sent it back to them saying, in effect: Here is a ease on which we want particular guidance in regard to these points. One of the matters was that to which reference has been made by my noble friend, that the Gas Company had not had a proper hearing. We asked the Special Orders Committee to tell us about those things and what we ought to do. It was sent back upon my own Motion to the Committee. That Committee was a, very business-like body. There was no kind of delay. It sat two days afterwards and it was very well attended. Ten members of your Lordships' House attended the meeting of the Committee and a unanimous Report was produced, which was submitted to the House. I will not describe the Report because my noble friend the Lord Chairman is present and I am sure your Lordships would give him leave to state exactly what. the Report was. But its effect was to show that every step which the Special Orders Committee could take to secure a proper hearing for all the parties had been taken, and after all the investigations they made they decided to recommend that the House should pass the Order. I do not propose to detain your Lordships any longer. I have carried the history of this matter up to the point at which it passed out of my hands into the hands of my noble friend the Lord Chairman and, if I may say so, your Lordships would do well to hear what he has to say about the Special Orders Committee before any such drastic step as that which has been suggested is taken.My Lords, before the Lord Chairman speaks may I make one or two observations? I was present on the two previous occasions when this matter came before your Lordships' House and I know the whole proceedings. A most unfavourable impression was created upon myself, and I think also upon a good many members on this side of the House. With all respect to the noble Marquess, I do not think the matter so far as future Bills are concerned has been entirely cleared up. It may be that it is right to let this Order go through, though certainly, if I had the power, I would adopt the suggestion of the noble Viscount and let the whole thing be thrashed out in Committee next year. I think that would be really a satisfactory way. What has happened is this. As stated by the noble Viscount, this House has passed and approved a Bill promoted by the Gas Company under an Act of Parliament. They passed it after a thorough investigation. That Bill is thrown out in another place, and, as Viscount Ullswater has said, that is not an unusual matter. Then we are asked, in lieu of the Bill which we investigated, to approve this Order, without knowing anything about it. The Order has never been investigated by this House at all. That is a most unsatisfactory way of doing business. It seems that after this House has taken the trouble to investigate a matter and sent it up to another place and it is thrown out there, the practice is that this House is to take what comes from the Ministry of Transport without knowing anything about it, and although it is directly contrary to what the House has voted after an investigation. I cannot imagine a more unsatisfactory way of doing business.
When this matter was before this House on the first occasion, I found it very difficult to understand the nature of the company that was promoting this Special Order at all. So far as I could make out it had little or no capital. It seemed to be a kind of private company put up for the convenience of certain people, and when the Order was before your Lordships it was referred back to the Special Orders Committee with a suggestion as to chat should be done. I understand from the statement of the Lord Chairman that they applied to the Gas Company and. asked if they wished to have a hearing.A further hearing.
Yes, a further hearing. The Gas Company at once said "No." And do you wonder at that? Do you wonder at their reply after they had promoted a Bill through this House and had been tossed about in this way after having gone to enormous expense? Everyone knows that they were in a financial position to carry out this matter. A Bill is passed here and it goes to the House of Commons. Then an Order is made taking the matter entirely out of their hands and without any hearing of their case by the Ministry of Transport, the company relying on the fact that they had their Bill and that it would be unnecessary for them to be heard. I think any company would be thoroughly sick of being tossed about like this and spending the shareholders' money in this manner. Looking at the facts it simply means that the Bill we investigated and understood and recommended is to be thrown out and an Order that we know nothing whatever about is to be passed.
My Lords, during the debate on this subject many noble Lords have emphasised the fact that the interests of the inhabitants of the district which is to be served must be considered first, and the noble and learned Viscount opposite congratulated the inhabitants of this district that they would be getting their supply from a bulk supply. I do not know that this is most favourable to the interests of consumers. Nobody doubts that the Gas Company have proceeded perfectly fairly. They gave due notice to the rival company, the Electricity Company, that they were introducing a Bill in this House. The Electricity Company then applied for an Order, and when the case came first before us we were told that now the Electricity Company did not propose to supply current themselves but to be a distributing company—in other words, they were to be a kind of middle man. I do not think the interests of consumers are served in this way. The Electricity Company will not distribute for nothing. The engineer who contributed half the funds (£5,000) and his co-partners who gave the other £5,000 will expect interest on their money, and this will cone out of the pockets of the consumers, an additional cost to the sum charged by the big company supplying the current.
My Lords, as I have been specially referred to by the noble Marquess the Leader of the House, I hope I may be allowed to say one word as regards the procedure in Committee. Probably I did wrong—although I did my best to explain shortly, and I hope succinctly, what happened in the Committee—when I moved the adoption of the Report in making the speech I did, and perhaps I should have been more in order if I had reserved what I had to say until this afternoon. I at once re-echo what Viscount Ullswater and Lord Carson have said, I thought last week that the preferable course was for this matter to be heard again—I suggested a Joint Committee of the two Houses next Session—but that is one proposal that has met with no favour at all. That question was put to both parties in the Special Orders Committee—it was not the only question put by any means—and they agreed (it was the only subject on which they do agree) that they do not want any further Parliamentary inquiry. That being so I feel that we have no alternative but to accept the proposition of the Ministry of Transport, who, by the Act of 1919, were made the responsible agents of Parliament, if I may use the phrase, in these matters, and it was for that reason that I announced to your Lordships that I should not feel justified in voting against the proposal made by the Ministry of Transport that this Order should be now affirmed, subject to Amendments which I notice are on the Order Paper.
Quite rightly Viscount Ullswater asks the question, What is to happen in the future? Your Lordships realise what has happened. By the Act of 1919 these matters, instead of coming by Private Bills, were to come by Orders. And your Lordships will not forget the procedure. There must be an application in the first instance to the Electricity Commissioners. The Electricity Commissioners consider the case, they can hear it if they desire to do so, and they submit the Order to the Minister of Transport. The Minister of Transport can affirm the Order or refuse the Order, and he can, in the course of the proceedings, hold an inquiry if he thinks fit. In this case he did invite the Gas Company to appear at his inquiry, but they refused, for reasons which have been repeated more than once in the course of these proceedings. I understand that the appeal from the Electricity Commissioners to the Minister of Transport is a real appeal, and there are people. I know, who would argue that the Minister of Transport is absolutely independent and judicial in reviewing these Orders. The ordinary man in the street like myself does not forget that they live in the same building, and do not regard it so much as proceeding from a lower court to a higher court as those concerned in the working of this system are inclined to do. I hope that experience may show in future cases that the appeal from the Electricity Commissioners to the Ministry of Transport is a real appeal and not merely a re-submission of the case from one room in an office to another room in the same office. Having said that, I may add that one difficulty, at any rate, now goes. The Gas Company all through these proceedings have been in the position that they could not themselves go to the Electricity Commissioners to ask for the Electricity Order—though the Electricity Company could do so—and accordingly they had no remedy but to promote a Bill in Parliament. Until this year an electrical company desiring powers had to go to the Electricity Commissioners and a gas company had to go to Parliament. Consequently the two competing schemes could not go along the same road. That, difficulty has disappeared. The noble Viscount on the Cross Benches referred to the Act of 1925. That Act, for the first time, makes it unnecessary for the Gas Company—though, of course, they have not lost their right—to come to Parliament direct. They can go to. the Electricity Commissioners for an Order in the same way as any other authority. I hope, therefore, that the difficulty will not recur in future cases. One does not, however, disguise from oneself that the system under this Act of 1919 is on its trial and, though I for one say quite frankly that I will do my best to further and assist it, one is bound to watch it carefully in see what inconveniences arise, so that Parliament may not often be put in the same sort of difficulty as that in which we find ourselves in this particular case.My Lords, until this morning I thought that we had come to a decision on the lines that the noble Earl, the Lord Chairman, has indicated to us, but I received this morning a somewhat impassioned circular from the Gas Company—I do not doubt that many others of your Lordships received a similar circular—setting out their case as if it were a case that we had not discussed and so far settled in the previous discussions in this House. There are two or three points which, I think, have not been quite sufficiently realised. The first is that the very object of these electricity schemes is to cut down the enormous cost to the consumer and the unnecessary overcharges which are made by reason of the matter being in the hands of small companies. This Gas Company is an illustra- tion, and it may be that the local Electricity Company would be another if it had been left uncontrolled.
For that purpose Parliament, as the results of the two Acts which your Lordships passed, the Act of 1919 and the Act of 1922, set up—I agree under the Ministry of Transport., but as a more or less scientific body—the Electricity Commissioners. They have their headquarters at Gwydyr House, Whitehall, and their Chairman is Sir John Snell, a man who, from his vast knowledge and great experience in these matters, is fitted to exercise the semi-judicial functions which he has to combine with his executive duties. His business is to work out schemes which will give the public an electrical supply at a much cheaper rate than they have to endure at the present time. His purpose is to set up what arc called bulk supply schemes by which electricity can be produced in large amounts and distributed easily. Barking, of which your Lordships have heard, is an illustration of such a producing centre. This matter came, so far as the Order was concerned, before the Electricity Commissioners. It is quite a mistake to suppose that the Electricity Commissioners do not look into things. They look into all alternative possibilities, and doubtless they considered the Gas Company, though the Gas Company did not appear before them. Their business was to see how electricity could b provided for the public in the cheapest and the most effective fashion, and they sent up to the Ministry of Transport, their Parliamentary heads, this Order. There was a conflict between the view taken in your Lordships' House and the view taken by those who promoted this Order and, in the end, established its validity in the House of Commons. I cannot help thinking that we have looked rather away from the main and underlying feature of this whole matter. The fact that there are Electricity Commissioners whose business it is to provide electricity much more cheaply and effectively than it is provided at the present time, and that this Order had this as its purpose must not be forgotten. You cannot do these things on a small scale; you can do them only on a large scale. This question has been brought before your Lordships in the form of a conflict. The Gas Company has promoted a Bill. I listened with attention to my noble friend Viscount Ullswater and I hoped to hear from him some suggestion, at all events, that the Gas Company would produce as cheaply or something like as cheaply as the bulk supply producers. But I have heard no word of that either from the noble Viscount or from my noble and learned friend Lord Carson. I am compelled to remain in the belief, which I have held throughout, that in passing this Order the Electricity Commissioners followed their usual very careful practice of trying to get the cheapest and most effective supply for the people for whom they have to act, and that this intention is embodied in the Order that is now before us. There was much discussion when this Order came before the House and the compromise was agreed on of sending the matter to the Special Orders Committee. The Special Orders Committee have made a recommendation, which is supported before us by the Lord Chairman, and, speaking both on the merits of the case and on its technical aspects, I cannot help feeling that the course which the Lord Chairman has advised us to take is the only wise one. For that reason I am indisposed to join in the suggestions of Lord Ullswater and Lord Carson.My Lords, I cannot help feeling that, if I had not been present during the various stages of the discussion of this matter in your Lordships' House and also at the meeting of the Special Orders Committee, I should probably have been found supporting the noble Viscount on the Cross Benches and agreeing with him that the Motion should not be accepted. But, having followed the matter from its very beginning and having been present at the meeting of the Special Orders Committee, it does seem to me that we cannot really do better than agree to the suggestion that has been made by the noble Earl, the Lord Chairman. When the matter came before your Lordships the position was most unsatisfactory. The fact that the Electricity Commissioners, through the Ministry of Transport, recommended one thing and that a Committee of your Lordships' House recommended another made the position already difficult. It was further complicated by the fact that the Chairman of the Committee was the noble Earl, Lord Clarendon, and that we therefore had two noble Lords on the Government Bench opposing One another upon a matter which, if not of great importance, did not look entirely satisfactory. It was in those circumstances that the matter was referred to the Special Orders Committee.
All these matters, especially in regard to electricity, are becoming more and more difficult and complicated and we are, I think, merely fumbling and finding our way towards a more satisfactory method of procedure. I do not suppose that, after the meeting of the Special Orders Committee which took place last week, we shall have a repetition of that which happened in the House before. I think it is very unlikely that we shall again find the Electricity Commissioners at variance with a Select Committee of your Lordships' House, and therefore the awkwardness of a fortnight ago is not likely to be repeated. In these circumstances I think the best thing we can do is to agree with the Lord Chairman. On the last occasion when the discussion took place in this House the Lord Chairman was supporting the Select Committee of your Lordships' House and it was then that I opposed the recommendation of the Electricity Commissioners. That position has passed away and the various combatants on that occasion are now in complete agreement. We have the noble Earl, Lord Clarendon, withdrawing his opposition to the recommendation of the Minister of Transport and we have the noble and learned Viscount who leads the Opposition and the Lord Chairman agreeing in the same course of action. Therefore I think that on the whole it is much better to agree this afternoon to follow out those various suggestions in the confident hope that this same difficult position is not likely to recur.Amendment, by leave, withdrawn.
I have to move, as an Amendment to the original Motion, to add "with modifications." These are the recommendations of the Special Orders Committee to which the Lord Chairman referred last week.
These are the Amendments on the Paper.
On Question, Amendment agreed to, and the Motion, as amended, agreed to.
House Of Lords Offices
Order of the Day read for the consideration of the Fifth Report from the Select Committee.
The Committee reported as follows:—
1. REASSESSMENT OF (BALANCE OF) CIVIL PAY OF CERTAIN CIVIL SERVANTS WHO SERVED WITH H.M. FORCES DURING THE GREAT WAR.
The Committee considered the Report of the Sub-Committee appointed to consider the petition of certain doorkeepers for the payment of bonus as part of their civil pay during the War, and decided, having regard to the opinion of the Sub-Committee that there is no legal claim, that no action should be taken upon the petition.
2. LIBRARY SUB-COMMITTEE.
On the recommendation of the Library Sub-Committee, the Committee sanctioned the arrangements proposed for the preservation of the Warrant for the execution of Charles I.
3. REGISTRAR OF THE CHAPEL OF ST. MARY SUB VOLTÂ.
The Lord Great Chamberlain informed the Committee that having established his authority over the Chapel of St. Mary Sub Voltâ (the Crypt Chapel), he had appointed a Registrar for the Chapel. The Committee expressed their approval of the arrangements made for the payment of fees at the existing rates and other incidental matters.
4. FURNITUPE FOR THE HOUSEKEEPER'S ROOM.
On the representation of the Lord Great Chamberlain, the Committee sanctioned the expenditure of £9 13 s. 6 d. for a new carpet, etc., for the Housekeeper's room.
5. RESIGNATION AND APPOINT MENT.
The Clerk of the Parliaments informed the Committee of the resignation of Mr. Courtenay C. H. Healey from the Parliament Office, and that Mr. Henry Montagu Burrows had been appointed as a Junior Clerk in his place, his appointment to date from November 16th, 1925.
6. RETIREMENT OF A PRINCIPAL DOORKEEPER.
The Gentleman Usher of the Black Rod informed the Committee that Mr. C. Chapman, a principal doorkeeper, is due to retire on the 12th of February next, and will then have given thirty-one completed years in the service of the House. His pension under the Superannuation Act, 1909, calculated on a salary of £206 15 s. per annum, will amount to £S0 2 s. 4 d. There will also be a Supplement under the Treasury agreement amounting at present to £41 2 s. 2 d. but this Supplement is subject to quarterly revision. He will also receive an additional allowance of £316 11 s. 4 d. calculated on his salary. together with 75 per vent. of the current bonus.
My Lords, I beg to move that this Report he now considered and adopted.
Moved accordingly, and, on Question, Motion agreed to.
Rosyth Dockyard
rose to call attention to the recent decision to reduce the dockyard at Rosyth to a care and maintenance basis; and to move for Papers. The noble Earl said: My Lords, in rising to move the Motion which stands in my name I feel that the. noble Earl who sits below me may have some anxiety, in that one who is associated with him in a Party which has always stood for economy and retrenchment should be so boll as to criticise and question one of the most extravagant Departments of the Government when they bring forward a scheme to effect, a real economy; but having been born in the parish of Dunfermline, and having lived a large part of my life within three miles of the Castle of Rosyth, I think your Lordships will excuse me if bring forward, even at this late stage of the Session, a matter which affects the district in which I live, particularly because I feel that some local considerations have not yet received full consideration.
Firstly, I do not feel satisfied, from the statements which have been made far on behalf of the Government, that the economy is so large, so sound, or so real, as it is asserted to be. I do not venture to criticise the decision on +be ground of policy; though it is but fair to say that even after the surrender of the German Fleet, which has been taken as the turning point at which the usefulness of Rosyth may have ceased, the noble and gallant Earl, Lord Beatty, made a statement on September 13, 1919, at Dunfermline, on the occasion of his being presented with the freedom of that City. These arc tile words he used—
"The future, which affects all of us. is not quite clear. But I take leave to say that the great dockyard at Rosyth, which has been built up at a cost of much effort, at the cost of much money, which is the most efficient and up-to-date dockyard in existence, must be maintained."
I fully realise that circumstances may alter, and have altered, and that the noble and gallant Earl who now holds
the responsible post of First Sea Lord is fully entitled to review an opinion even so positively expressed as that which I have quoted; but to the layman it does seem strange that, when economies are proposed, the dockyard which has been stated on the highest authority to be "the most efficient and up-to-date dockyard in existence" should be the first to be scrapped. Had the proposals of the Admiralty been more courageous and included one or more of the older and less efficient English dockyards, I should have felt less inclined to offer any criticism. It is, however, Scotland and Wales that have had to bear the brunt of the economy proposals.
I do not propose to say any more on the policy of the decision. We are told that the decision has been come to after careful consideration by His Majesty's Government. We know it has the blessing of the noble and gallant Earl, and that it has been confirmed by a large majority in another place. I would, however, ask your Lordships to consider for a few moments the proposed economy in a little more detail, to examine the soundness and reality of the economy, and particularly its effect upon the locality. In the White Paper which has been issued by the Admiralty, in explanation of the reduction, very little information is given, but I wish to point out two admissions in that Paper which are important when considering the question from a national as distinct from a departmental standpoint. The first is that the savings enumerated are purely departmental; that they take no account of possible or even certain increases in the expenditure of other departments contingent upon the closing of this clock-yard. It is true that some of them are mentioned in the White Paper, but there is no definite estimate of such offsets against the estimated savings.
May I illustrate my meaning on this head by figures? The estimated annual saving on the reduction of the two yards of Pembroke and Rosyth is stated to be £328,000. No separate allocation has been given to the individual yards, but I understand that for Rosyth the estimate is between £160,000 and £200,000. As against this let us consider what, from the standpoint of national economy, has actually happened at Rosyth since the decision was arrived at. Up to December 7 the number of claims to benefit made by
ex-dockyard workers at the Dunfermline and Inverkeithing Exchanges was 315. Of these eighty-five had obtained other employment, leaving 230 still on the register. If this is the kind of proportion to which we must look forward, and the state of industry does not warrant a much more sanguine anticipation, your Lordships will realise what a very formidable offset this means to the estimated savings. Most of these men are married men with young families, and if one were to take the average figure of unemployment relief at a conservative estimate of 22 s. a week and the number of unemployed at the end of the period of reduction at 1,000—also a conservative estimate—we shall arrive at a burden on the national finance of £57,200 per annum.
Your Lordships are probably aware that the staple industry in West Fife is coal mining and in Dunfermline the manufacture of linen. The depression in the first of these industries is well known to your Lordships, and the position of the second is not much better, partly owing, no doubt, to the fact that many householders, including probably many of your Lordships, have abandoned the use of the fair linen tablecloth and now dine off hare boards. In the present state of these two industries it is impossible to look forward to any appreciable number of men discharged from the dockyard being absorbed into other work. It may be argued that this claim is not dependent upon the closing of a particular dockyard and that the discharges would have to take place in any case consequent upon the reduction of the naval programme; but I would maintain that the burden is increased in force and in extent by concentrating it in one locality, particularly when the industries of that locality are not in a position to absorb more labour.
On these grounds, therefore, I would urge the Government in the working out of their scheme of reduction to consider carefully this aspect and not to make light of the financial burden because it is placed upon another Department, or to lose sight of the moral effect of placing so many men on the unemployed list, both to themselves and to the community. Further, they should not forget the individual hardship and anxiety caused to the men and their families by this action, taken at a time of year when
household expenses are necessarily higher, and when the prospects of obtaining substituted work are necessarily more meagre. May I, therefore, conclude this site of the question by urging upon the Admiralty, on practical, financial, and sympathetic lines, to adopt the motto Festina lente in the discharges?
I will ask you now to look at another aspect of the case, the effect upon the district, and particularly on the burgh of Dunfermline. I do not wish to weary your Lordships with too much detail as regards the history of Rosyth, but, in order that you may appreciate the true position, it is necessary that I should refer to one or two facts in that history. Before the establishment of the dockyard Dunfermline was a town with a population of rather less than 20,000 in habitants, situated about two and a half miles north of the Firth of Forth at its nearest point, Rosyth. When the Government decided to establish a naval base at Rosyth they also apparently decided that it was impossible to have that dockyard administered by the County Council of Fife, and it was necessary that the Rosyth dockyard should be incorporated in Dunfermline. Under pressure, therefore, of two Government Departments—the Admiralty and the. Board of Health—Dunfermline put forward a claim for extension Of boundaries to include the dockyard. After a considerable fight this extension was given effect to, and an area of roughly three and a half miles from north to south, and three miles from east to west, including half of the estuary of the River Forth ex adverso was added to the burgh of Dunfermline. Evidence was then produced that, on the analogy of Portsmouth and other dockyards, it was anticipated that in the course of a few years an addition to the population of 40,000 might h expected in the burgh of Dunfermline, and Dunfermline was urged to provide the contingent services—roads, drainage, water and light. A vast town planning scheme was embarked upon, which cost a very large amount of money, but the irony of the situation is that when the houses came to be built they were built on Admiralty ground outside the original town planning scheme.
Your Lordships will not expect me to present at this time a detailed claim on behalf of the burgh of Dunfermline, but there are three items of expenditure on the provision of trunk services which will, I think, satisfy your Lordships that the clam of the burgh of Dunfermline against the Government must be fairly substantial. In the first place it was necessary to widen the roadway from Dunfermline to Rosyth. The sum expended on this was £21,812. Secondly, the provision of water mains for the new town and dockyard cost £28,290. This must he kept distinct from the provision of the actual water, which was supplied by the county council, and for which an agreement stands and holds. Thirdly, the proportion of costs of a new sewer attributable to the establishment of the dockyard amounted to £22,130. The total of these three claims is nearly £73,000. These are outstanding capital claims, and it can be shown, in addition, that the burgh of Dunfermline is called upon to pay for the maintenance and administration of the extended area an annual sum of about £13,000 over and above what it receives by way of rates and Government contribution in lieu thereof. If this is the position when the houses are all occupied it will be enormously aggravated when, as a result of the reduction in the dockyard, a large number of the houses are rendered tenantless.
I do not propose to go into the question of housing, because the. question is so complicated by inter - departmental guarantees and agreements, but this broad fact is clear, that on the reduction contemplated by the Admiralty several hundreds of these houses will cease to be occupied by dockyard workers, and will therefore become tenantless, or will have to be let to men employed elsewhere. There are two serious obstacles to the latter alternative: first, that the proportion of large houses, that is, with four rooms and over, is too great for the general needs of the locality, and, secondly, that the rents are very much too high. Hitherto the rents charged to dockyard employees have been on the average £22, but to outside tenants the rent has been in the neighbourhood of £40, and if this rata is to continue I think your Lordships will agree that it will he impossible to make use of the houses.
So far have dealt only with actual claims which have been submitted to the Admiralty by Dunfermline for work done: but it is fair to take into account the capital slink on other public services. The education authority has spent over £100,000 on the erection and equipment of schools. The parish council has spent a very considerable sum in the provision of cemeteries; and in addition to the provision of purely public services large amounts have been spent in providing churches and halls by the different denominations. The new population at Rosyth being mainly English, a gallant effort was made by the Bishop of St. Andrews to provide a suitable church, which has been erected at a cost of over £18,000 and which it is hoped will be open for use early next month. Several other denominations have also erected permanent buildings. Two masonic lodges have been erected by the enterprise of the local Freemasons at a cost of about £6,000, and about £85,000 has been spent in tramways and electric cables. Is it just and fair that no recognition should be made by the Government for these and other similar outlays if they are rendered useless by the action of the Government? And if recognition is to be made by way of compensation, surely it must be counted against the estimated departmental saving.
Finally, I would venture to press the noble Earl who will reply for the Admiralty to say exactly what is meant by "a care and maintenance basis." If, during six years when the dockyard has been on full equipment, it has sunk from being the most efficient and up-to-date dockyard in existence to the category of being the first to be scrapped, is it conceivable that on a care and maintenance basis expenditure will be incurred adequate to keep it really efficient or up-to-date? I venture to say that under such conditions the dockyard would soon become derelict, and the payment of a staff to keep it in that condition would be extravagant. The proposal to reduce the dockyard to a care and maintenance basis seems to me to savour too much of a dog-in-the-manger policy. If the dockyard is really superfluous it would be far more practical to take a more courageous course, to cut a large part of the capital cost, and use every means to make the dockyard in its present state up-to-date with power, plant and equipment available for a commercial enterprise.
My Lords, I am afraid there is very little new that I can tell your Lordships which the House does not already know in view of the discussions which have taken place in the other House and having regard to what has appeared in the Press. I rather had hoped that my noble friend's leader, or possibly somone else in his Party, would have defended the action of the Government that was in power when Rosyth was established, because what it really comes to is this. If the Government which was in existence when the dockyard at Rosyth was first proposed had carried out the scheme of extension and so forth as the Admiralty wished it to be done, Rosyth at this moment would not be merely a small dockyard—efficient and up-to-date as far as it goes—but would be a dockyard comparable with any others we have in the United Kingdom. Had that been the case I think there is little doubt that one of the other dockyards would have had to be reduced rather than Rosyth.
The whole difficulty with regard to Rosyth is this. There are only three dry docks there, and a comparatively small basin, and those docks are only capable of taking very big ships. They will take the smaller ships, but that is a wasteful method, and if the dockyard were to be made capable of undertaking the work which is at present being done elsewhere it would require not only very great extension in regard to shops and docks, but an increase of the basin, an increase of cranes, and also a considerable increase in machinery. That would not have been the case in regard to any of the three big southern dockyards. Further, it would almost inevitably have entailed the provision of barracks, of hospitals, a gunnery school, and so on. As your Lordships will readily see, that would have run into a very heavy capital expenditure, and I think the House will not hesitate to say that in the present condition of our national finances such a proposal would be quite impossible. The noble Earl opposite, if he will allow me to say so, did not show a very great knowledge of the Admiralty; otherwise he certainly would not have criticised it as one of the most expensive of Government Departments. He seemed to imply that the saving on Rosyth was only going to take effect in one particular year, and that if the Government met in full all the various claims which have been put forward on behalf of Rosyth, Dunfermline, and Inverkeithing, then there would practically be no economies whatever. Obviously it would be very improper for me to say what action His Majesty's Government propose to take in regard to claims which, so far as I am aware, have not been as yet definitely drawn up, and certainly have not yet been presented, but I would point out that the saving in the reduction of Rosyth to a care and maintenance basis will, we believe, mean an economy of over £236,000 a year. If the claims are paid in full, it would probably only postpone for perhaps a slightly longer period the time when that economy will come into operation. For the first two years, owing to expenses in moving men from the northern dockyards to the southern, and for other reasons of the same kind, the saving is, of course, comparatively small, but as time goes on the full economy comes into operation. I must also challenge the noble Earl upon another matter. He made what I might almost call an attack on the Government by saying that Scotland and Wales have to suffer, whereas England escapes scot free. I can assure him that when the full economies that we are now proposing at the Admiralty are brought into operation he will have no cause to think that Scotland has been unfairly dealt with as compared with England.May I interrupt the noble Earl to make a personal explanation? I think I said that Scotland was bearing the brunt of the proposals. That is the case whatever happens.
I am afraid it will not be even the brunt when the full economies come into operation. As regards the expenditure in other directions, my noble friend himself said that if men were not thrown out of employment at Rosyth it would probably mean that other men would be unemployed elsewhere and therefore from the Admiralty point of view, and from the Government point of view, it naturally made very little difference financially whether the men are discharged in one place rather than in another. I unfortunately have only too much reason to know that when economies, are brought into operation it inevitably means that men are thrown out of em- ployment. I have full opportunities of realising, as Chairman of the Whitley Council at the Admiralty, the distress that that causes, And I am in touch with trades union representatives at the dockyards.
I think any noble Lord who has had to do with cutting down in the Government service or elsewhere knows what a hateful task it is, and how much one sympathises with the inevitable distress that is caused when cutting down takes place. If it is to be contended that a Government is never to cut down because it entails increasing unemployment, then it is good-bye to all economy in any Government Department. The hope that the Government hold to strongly—and I believe that all Parties hold to it strongly—is that if we can only reduce the State expenditure and taxation, we shall thereby help private employers and trade in the country generally and reduce the total volume of unemployment. The noble Lord asked what was meant by "care and maintenance," and he drew a comparison between the statement made by my noble friend the First Sea Lord a few years ago and what is said of Rosyth to-day. I have already touched on the point, but I might make it a little clearer. There is no question whatever that Rosyth is very up-to-date and efficient so far as it goes. It is only a question of the size of the dockyard which makes it impossible to continue it. It is rather difficult to explain briefly to your Lordships, but there are very many trades engaged in a dockyard and it is difficult to keep the balance of labour correct; sinless you have a series of ships coming in one after the other. When a ship comes in or is being repaired there are, probably, rivetters and platers at work on the hull. When that work is done electrical fitters and others come in to do their work, and there is a whole series of men of different trades coming in to restore the ship to a condition in which she can again put to sea. Unless you are prepared to discharge those men and therefore, lave in-and-out labour you require another ship to come in, so that as soon as the men have finished work on one ship there is work on another to which they can go. Your Lordships will see, therefore, that if there are only three docks in a dock yard it is impossible to keep your men fully employed all the year round and they have either to sit still and do nothing on full pay or to be discharged. In that way you get casual labour which, I think every one of your Lordships will agree, is something which should he avoided if possible. Therefore there tan be no question of Rosyth being out of date when, in fact, it was and still is efficient. What is proposed under "care and maintenance" is simply that enough men will be kept there to keep the machinery in order and the buildings weatherproof and to enable the dockyard to be re-opened at short notice if and when it is required. My noble friend suggests that it should be scrapped altogether. If we could be certain that we should never have another war I should entirely agree with him; but if, unfortunately, another war were to take place we should want every one of our dockyards to undertake the work of keeping the Fleet in order. For that reason it would be necessary to re-open Rosyth and also Pembroke. With the reduced Fleet we have now there are too many dockyards and too many men employed in those dockyards. Therefore, for the ordinary peace-time work of keeping the Fleet in condition, it is necessary to reduce the number of yards and the number of men employed there. That is the sole reason why we have been enabled to reduce the dockyards. If it is suggested that we should not close dockyards at all, that does not mean that we have merely to find the pay of the men whom it is proposed now to discharge, but to find work for them to do. That means that you have to pay more money and to keep ships in commission which it is now proposed should be scrapped. It means also that you have to undertake repairs of ships which are becoming obsolete. In other words, it means the spending of a good deal of money without making the Fleet any more efficient by doing so. For all those reasons I hope your Lordships will agree that the Board of Admiralty have been wise and economical in proposing the reduction of these two yards, and will support the Government in the very unpleasant task of having to throw men out of employment and causing distress by measures of economy such as this.Motion, by leave, withdrawn.
The Settled Land Act
had given notice to ask His Majesty's Government whether their attention has been called to the effect of Section 1, subsection (1) (v) of the Settled Land Act, 1925, on persons who have purchased land subject to a rentcharge for life, and who now find that their titles will be complicated after the 1st January, 1926, by the creation of a settlement; whether they are aware that this will involve consequential formalities and expenses on these purchasers, and whether the Government proposes to introduce immediately legislation to allay the anxiety and confusion which has arisen thereunder.
The noble Lord said: My Lords, I am afraid that this Question is a very technical one and could be more clearly explained by a lawyer than by a layman like myself. The position is as follows. Where, prior to January 1, 1926, land has been sold subject to a rentcharge for life or other family charge and such charge is still subsisting on January 1, 1926, it would appear that as from that (lay the land will, by virtue of Section 1, subsection (1) (v) and Section 2 of the Settled Land Act, 1925, be settled land, the subject of a compound settlement of which there will be no trustees for the purposes of the Act. If so the purchaser will cease to be an absolute owner subject to a charge and will become a person having the powers of a tenant for life under the compound settlement. He will not be able to deal with his property until the necessary vesting deed has been executed, which cannot be done until trustees of the compound settlement have been appointed. This will involve an application to the Court. Moreover, on a resale by the purchaser the purchase money will not be payable to him, but to the trustees of the compound settlement, who will not be able to part with it so long as the charge subsists, even though the original vendor has given an amply sufficient indemnity against it. A release by the person entitled to the charge will not be practicable in every case and it is not clear that a release executed after December 31, 1925, will he effective to remove the objection and in any case such a purchaser will be put to inconvenience and expense.
I therefore ask His Majesty's Government whether it is proposed to introduce an amending Act immediately to remedy the position in which such purchasers will find themselves. What is really necessary is a short Bill saying that paragraph (v) of subsection (1) of Section 1 shall not apply to conveyances completed before December 31, 1925.
It was only quite lately brought to my notice that this subsection of Section 1 of the Settled Land Act, 1925, which comes into force on January 1, 1926, is causing anxiety and confusion among past purchasers and those who are negotiating the purchase of land and houses. I am told that solicitors are receiving thousands of letters each day and some of their staffs are not large enough to deal with those letters on this question. These letters often come from past purchasers who are not their clients, and as the vendor is the client I wonder who is to pay the cost of the replies. Many purchasers are quite poor people and they will be put to great inconvenience and expense unless the Act is altered. One estate may have sold thousands of plots of land to different purchasers, all of whom are affected by this question. If these difficulties can he put right by means of documents then, with all respect. I would ask who is to pay for them?
My Lords, the Question that my noble friend has put is a difficult one even for lawyers to deal with: but so far as I have followed my noble friend, he has undoubtedly pointed to what I think is a very serious defect in the new law which comes into, operation on January 1 next. The object of this legislation, as I understood, was to simplify and cheapen the transfer of land. From what my noble friend has said it would appear that in the cases to which he has referred the result would be, greatly to complicate the transfer and to add very considerably to its expense. I trust, therefore, that His Majesty's Government will cause an investigation to be made as soon as possible into the cases raised to-day, and that if it is found necessary, as I think it will be, to introduce legislation, they will introduce whatever legislation is necessary. New legislation always leads to some difficulties, but in this case it leads not only to difficulties but to an additional cost in the transfer of land which we are all most wishful to avoid.
My Lords, in answering the Question of the noble Lord I should like to point, out that the position to which he has called attention arises under an Act passed in the year 1922. The provisions of the present Act simply consolidate and repeat the provisions of the Act of 1922. It is perhaps rather strange that nobody during the last there and a half years has thought it necessary to call attention to this matter and that the point is raised only a little more than a week before the Act comes into operation. I think the position has been quite accurately stated by the noble Lord, and it is this: In the case of some estates the life tenant has sold parts of the land to purchasers. The estate was subject to some rentcharge which had priority over the estate of the vendor and in order to avoid getting a release or appointing trustees of the settlement (which might generally have been done at little cost), the vendor has sold to the purchaser subject to the annuity and has himself given an indemnity against the annuity. That is not very good conveyancing, but it saves a certain amount of trouble and expense, and I have no doubt that a good many sales have taken place on these terms.
Now, the position is this. The purchaser holds, as between himself and the annuitant, subject to the rentcharge, and I believe it is true that under the recent Act incorporating the provisions of the Act of 1922 technically a settlement will be created—that is to say, if nothing is done before January 1, 1926. But it is quite easy to get rid of the difficulty if those who are concerned will only take the necessary steps. All that is needed is that, there shall be before January 1, a short deed poll executed by the annuitant releasing all the plots sold subject to his annuity from the charge. The annuitant is in nearly all these cases amply secured on other property comprised in the settlement. He will run no real risk. If he does the life tenant is entitled under the Acts to give him a substituted security on other land. All this is a matter of arrangement. It would not require more than a single deed of a page or so, and solicitors who are wide awake will get it executed before January 1 next. I have heard today of a large estate in which this has been done, and there has been no difficulty about it. It is impossible for the Government to pass legislation on this matter this Session, and therefore if nothing is done the Act must take effect.. Even so, I do not think that much trouble Will ensue in any case, and if it does we arc quite willing to consider the matter and see whether by legislation or in some other way a remedy can be found. I add one observation. It could hardly have been expected that in this complicated series of Statutes no flaws should be found to exist, and I fully expect that before much time has elapsed we may have to ask Parliament to pass an amending Bill dealing; with small points like this. I hope I have said enough to demonstrate to the noble Lord and to the House that the point raised to-day can be met if those concerned will only act as others have acted, and endeavour to obtain a release. If they will do that, I do not think they will have any further trouble.My Lords, I rise to add to the reassurance which the Lord Chancellor has given to the House. Those who raise this point appear to forget that this Statute, which contains Section 1, subsection (1) (v), is one of a series of Statutes which originated in 1912, and since that day have been under the close consideration of the most eminent body of conveyancers in the country. The purpose of the Acts is to clear titles and make land easy of transfer. It will in the end be much easier to transfer land than it is to-day. I have not even the amount of apprehension which the Lord Chancellor has. By appointing trustees of the settlement the vendor of land with a rent-charge of this description imposed upon it can get rid of the encumbrances very quickly and very cheaply. I hope great use will be made of this machinery for cleansing titles, and I should regret very much if we even suggested doing anything which went back on the principle, which is to make land as between vendor and purchaser as saleable as are stocks and securities. That is the purpose of the Acts. Of course some explanation is required in the sections of the Statutes which bring, this change about. But the changes are not difficult to understand, and for my part I think the advantages which the new system confers enormously outweigh any mere technical difficulties such as that to which the noble Lord has drawn attention.
League Of Nations
rose to call attention to the Council meeting at Geneva, and to move for Papers. The noble and learned Lord said: My Lords, I have indicated to the noble Viscount who is going to reply to my Question that I want to call attention to two specific matters. So much is now being done at each meeting of the Council of the League of Nations that it really is impossible on one occasion even briefly to consider all the points which may arise. The two matters to which I have given him notice that it is my intention to call his attention are the questions of Mosul and disarmament, and I have also given him an indication of the class of points that I am likely to raise, so that he may be fortified in giving the reply of the Government.
The first, question that I want to deal with is that of Mosul. This is a question of extreme immediate importance. There is a suggestion that we may come under an obligation that will be in operation for a period of twenty-five years regarding the frontier between Iraq and Turkey. We have to recollect in this matter—and I shall have to call your Lordships' attention to one or two phrases in the Covenant of the League of Nations—that Great Britain is not acting on her own behalf or for her own advantage, but as a Mandatory, as a representative of the League of Nations under Article 22 of the Covenant. Her first duty as a Mandatory is to provide as far as possible for the good government, security and peace of the people who are placed under her charge—in this case the people of Iraq, who live to the south of the frontier line which is now being laid down as the proper boundary between Iraq and Turkey, by the Council of the League.
The first point that I wish to make is this. I do not think that this good government and security can be attained in a district of this character unless there is good will and friendliness between this country and Turkey. I shall have to call attention later to the Report of General Laidoner, who has shown quite conclusively that some of the evils of which he specially complains have taken place north of the line, and therefore in the territory which will be left within the sovereignty of Turkey. I shall have to
come back to this point a little later and a little more in detail, but it appears to me that no protection can be given to the people called the Nestorian or Assyrian Christians that can really be effective unless Turkey and Great Britain can co-operate together in a kindly and friendly spirit.
The second point to which I wish to call attention in connection with Mosul is that, as I understand the suggestion contained in the decision of the Council, which I gather that we have intimated our willingness to accept, the settlement., whatever it may be, may and probably will endure for a period of twenty-five years. I think that this is altogether too long. I think it is a mistake which is likely to lead to endless trouble in the future to lay clown such conditions upon such a frontier and in such E. region as that of the boundary between Iraq and Turkey, and to attempt to foresee even what is likely to be practicable for so long a time as twenty-five years. No one knows how conditions may have been changed within that period. No one knows how, twenty-five years hence, we may regard obligations of this character and, more particularly, no one, I think, will be able to say that such an obligation, undertaken for such a length of time, can be foretold to be of advantage to the Iraq people. That, as I have said before, is the main consideration and point of view from which this question ought to be approached.
When this matter first came forward at Geneva, I occupied the position of British Delegate to the Council and it fell to my lot to recommend to the Council the Mandate which is now in operation. It was accepted unanimously in September, 1924, after considerable discussion. The only objections came from Persia and those objections were arranged to the satisfaction of the Council of the League. Everyone was agreed at that time as to the proper terms of the Mandate that ought to be accepted as regards the Iraq people. I should like particularly to call attention to one matter upon which I had to insist in bringing the Mandate before the League of Nations. I had to insist that we should come under the obligation of this Mandate for four years only. The Mandate was provisional and was to endure only for that period, and it was suggested that at the end of that time Iraq might be in a position to ask for entry into the League as one of the constituent countries. The further provision was indicated that, if that condition had not arisen when the four years' Mandate came to an end, the matter would have to be reconsidered and thought out again under the new conditions which might then have arisen In other words, not only was no such term as twenty-five years laid down but there was a special provision that the Mandate was not to be in force for a longer period than four years, and that after four years, if it was to be reinforced or re-enacted, it was at the same time to be reconsidered.
I should like to say one or two words in order to emphasise what I have said as to the position of Great Britain as a Mandatory in this district. What are the conditions of a Mandate under Article 22 of the Covenant of the League of Nations? In the first place, it was laid down in terms that a Mandatory Power was not to act on its own behalf but as a trustee for the League of Nations; in other words, it was not to use the position of a. Mandatory in order to push forward its own Imperialistic or other views, whatever they may be. In the second place, its duty is—and it is very important that this should be remembered in connection with the relationship between Lillie country and Mosul—provisionally to render administrative advice and assistance to the mandated territory until such time as it can stand alone. I would call your Lordships' special attention to the word "provisionally." Your Lordships will see hat the duty is to render administrative assistance, and mandated countries are not, therefore, to be regarded as if they were in the position of being under the sovereignty of the Mandatory.
A word is used in a subsequent part of the Article which, I think, adequately explains the position. The word is "tutelage," the idea being that during a period of tutelage the mandatory authority will educate and assist in the administrative development of the mandated country, until it is able to take an independent position of its own. Then, annually, a Report, is to be made to the League of Nations, and there is a special—what we should call a statutory—Commission, to which all these Reports are referred. Lastly, perhaps I might call your attention to these words, because they indicate the whole spirit in which these Mandates ought to be considered: The Mandatory is asked to apply the principle "that the well-being and development of such (mandated) peoples form a sacred trust of civilisation, and that securities for the performance of this trust should be embodied" in the necessary instrument. That is our position. It is not for us, as Mandatories, to consider what advantage we can get out of our position. It is our duty as Mandatories to consider how we can perform the duty placed upon us, and the responsibility which we have under- taken of educating, provisionally, by administrative development, a backward people, in order that ultimately they may take their place under conditions of full independence.
That position, I think, is emphasised in this case by the Report which was made by General Laidoner which was lately laid before the Council of the League at Geneva. He dealt with four matters. In the first place he pointed out that this was a wild region where there were constant tribal wars, where everyone went about armed and the different tribal or village chiefs were in a condition of almost constant warfare. He said that those conditions would probably be more or less continuous, and he threw no blame for them upon either Turkey or Great Britain. He then referred to the question of the occupation of certain villages by Turkish military posts and patrols, and also to the allegation that flights had been made over the frontier line by British aircraft. Neither of those matters did he consider of importance. He said that at present the frontier line was undefined and not. marked out, and that instances of that kind might he expected but the fourth point to which he called attention was a point of extreme importance in his view.
That was the deportation of Christians from points north of the proposed line to the south of the proposed line, within the territory to be adjudicated to Iraq. The history of those deportations is very terrible to read. No one doubts the horrors to which General Laidoner refers. They are further emphasised by the report of his own staff, who personally investigated the condition of these deported Christians, and I may take it—I am sure I should not make any other statement—that it is of extreme importance to our national honour, and the responsibilities that we have undertaken, that we should do all in our power to prevent such horrors from being enacted in the future. But then comes the question, How is that to be done? After all, those Christians, who I see were denounced as "traitorous brigands" from the Turkish point of view, cannot be immediately under our jurisdiction and sovereignty. They are outside the line which from the end of this year, or whatever the date may be, would be the frontier line between Iraq and Turkey.
How can we deal with a difficulty of this kind? I said at the outset, and I want to emphasise it again, that it can only be dealt with satisfactorily by friendly arrangement between Great Britain and Turkey. The alternative is really to consign these Christians on the north side of the line to Turkish horrors, probably aggravated because they are regarded as a traitorous element in the Turkish Republic. I do not know what the noble Viscount will say on this point. but I urge the Government, in the strongest terms, not to allow language to be used which is likely to excite extra friction and trouble, but, on the contrary, to encourage in every possible way a friendly settlement of this real difficulty. which cannot be settled unless there is a friendly arrangement between the two Powers. The next point, which I think your Lordships will appreciate from what I have said, is with regard to the condition of this frontier district. It may become, unless there is a friendly feeling between Turkey and England, a real danger-spot in the future—a danger-spot not only locally, but a danger-spot from which difficulties may spread over a very-wide area, and even ultimately lead to an outbreak of war, involving many countries in the East and West.
I do not, myself, of course, believe for a moment that that is likely to take place at once—I am not suggesting that—but we have to look forward to the future, and in doing that is there any way in which the conditions of this frontier line can be satisfactorily settled, unless there is friendly relationship between Great Britain and Turkey? Of course, it is our interest in a matter of this kind to be friendly. I deprecate very much some of the statements that I have heard, some of them, I think, attributed to the Colonial Secretary, in which he suggests that the giving way, even on a friendly line, of Great Britain might affect what is called the prestige of this country as regards her position in the East. I do not believe that for a moment. This was a matter originally undertaken by us as Mandatories. It is a matter which has passed out of our hands into the authority of the League of Nat ions, it is a question as to which matters of difference have now been adjudicated upon by the Council of the League of Nations, and I suggest that it is only worthy of our position as a great Power to show that we appreciate and understand the difficulties of Turkey as well as our own difficulties, with a view to bringing about satisfactory adjustments between the two countries.
If we do not, what will the result be? We shall not be able to push forward the people of Iraq into being a self-governing community, because they could never become that with severe friction on the Turkish frontier. We ourselves would be put to a long period of cost, because if there was really friction on this frontier line I do not, and cannot, believe it would not be a heavy source of expenditure to us in future years. Lastly, should war ensue by any mischance in this central district of Asia, I think it would be a great calamity to this country, to Iraq, and to Turkey, and it might spread over wide areas in other countries.
There is one other consideration which I would like to urge before I leave the question of Mosul. The difficulty in connection with Mosul did not arise at Geneva. So far as Geneva is concerned, it was settled in September, 1924, under the conditions which I have mentioned. The difficulty arose from a clause of the Treaty of Lausanne, under which a most difficult question was put off in order that, if possible, it might he determined by the Council of the League. When this question was first considered at Geneva I happened to be the Delegate for Great Britain, and I had to argue on behalf of Great Britain that this question had been sent from Lausanne to Geneva and afterwards to Brussels, not for the purpose, of consideration, but for the purpose of decision. As your Lordships are aware, that attitude has now been confirmed by the decision of the International Court.
At the same time, I want to make another aspect of the matter quite clear. The Turkish representative at that time at Geneva and afterwards at Brussels was Fethi Bey. I had very frank and friendly relationships with Fethi Bey. He always said that in his view the matter might be settled, and settled in an amicable way. It has not been altogether understood, I think, that: he did argue that from the Turkish point of view the reference under Article 13 of the Covenant was for the purposes of investigation and inquiry, and not for the purpose of settlement. In that respect he was held to be wrong, but I do not think it is out of place to say that that argument was held by him. It was an argument for which, undoubtedly, something was to be said, although in the long run it has been held by the decision of the International Court at The Hague to be wrong. Your Lordships know what the decision is. The decision is to accept as the frontier line what was practically the line laid down at Brussels, after careful inquiry, by that great statesman in the international world of almost unequalled authority, the late M. Branting, who was then Prime Minister of Sweden. But the decision has new been given, and that decision must be obeyed.
But what was never referred to the Council, or any other body, was the question of the length of time for which the mandatory settlement was to be maintained. The period of twenty-five years was first mentioned in the Report of the Commission of Inquiry which, on a suggestion made by me on behalf of Great Britain, was appointed to go out and examine the conditions on the spot. One can see quite clearly why this period of time alters the position from the Turkish point of view as against the previous period of time, which was limited to four years, and which would have come to an end in September, 1928. I think it is radically unsound from every point of view to acquiesce, until a far more friendly settlement has been made, and until the conditions are far more clearly ascertained, to a mandatory responsibility for twenty-five years—a responsibility which is likely, in my opinion, to endure for that period. I sincerely hope that it is not too late for this portion at any late of the Mosul settlement to be reconsidered, and I believe that the reconsideration of this point would have a great effect in producing friendly relations with the new Turkish Republic.
Before leaving this matter, I should like to refer to the speech the Foreign Secretary made when the decision was given at Geneva. He indicated his desire to approach Turkey in the most friendly spirit, and invited the Turks in a very friendly way to make such communications and suggestions as they thought might bring about a real settlement. So far I am entirely in accord with the attitude that Sir Austen Chamberlain adopted on that occasion. I hope that such a friendly arrangement can be made. It is the only way of dealing with the duties and responsibilities of a Mandatory in this country, and I hope that, if necessary, in making this arrangement there will be no stiff adherence to this prolonged period of twenty-five years. At the same time the Colonial Secretary made a statement which appeared to me to be of a much less friendly character, but I presume that the negotiations with Turkey will be in the hands of the Foreign Minister, and if he can carry out the indications of policy which he made at that time I, for one, would support him to the utmost of my power.
The other matter which I want to raise is disarmament. It is not necessary to come to an immediate determination on that question, as it is on the question of Mosul. But I want to impress again on the noble Viscount opposite a view with which I know he is sympathetic, namely, that it is quite impossible, if we are to fulfil the obligations which we have undertaken as signatories of the Covenant of the League, or which we undertook before the signature of the Treaty of Versailles with the Germans, to allow the conditions of unilateral disarmament in Europe to continue. It was never intended that there should be a prolonged period of unilateral disarmament; on the contrary, it was intended that the disarmament of Germany should be as an example for the reduction of armaments in other countries. So long as you have one disarmed country among armed neighbours I can see no security or certainty of permanent peace.
The Treaty of Locarno referred to disarmament, but I do not think any one can say that it carried the matter farther than it had gone before. But this year at Geneva a Resolution was adopted by the Assembly—the noble Viscount will tell me if I understand it aright—that a Committee or Sub-Committee should be appointed to consider the conditions under which projects of disarmament might be brought forward. Some appointments, perhaps all, have been made to that Sub-Committee. But what I want to ask the noble Viscount is whether any of the real difficulties have been met and solved by the appointment of that Sub-Committee. It was rumoured that the old discussions which had arisen between France and England on this subject were being raised again, I think by Paul-Boncour and others, on behalf of France. I thought they had been settled in the Fifth Assembly in 1924. But is there any prospect of this Sub-Committee really bringing about a practical scheme of disarmament in the near future? On this point I ask for information from the noble Viscount. Formally—I suppose it gives me a right of reply if necessary—I ask for Papers in my Motion. I ask for that Resolution to be put, although I certainly shall not press it if I get a satisfactory answer upon the points I have raised from the noble Viscount opposite.
My Lords, may I say a word on this subject? I am one of those who some time ago—in August or September—signed a memorial deprecating the then decision, so far as it had gone, that this country should hold a Mandate for twenty-five years. At that time those with whom I associate were very anxious, if possible, to come to an arrangement with Turkey on friendly lines. My noble friend opposite has very carefully gone into the whole scope of what a Mandate is, and also the position of a Mandatory Power under the League of Nations. He also referred to the Foreign Minister's welcome statement to the effect that now a decision has been arrived at by the League of Nations a friendly understanding might be come to with Turkey for a settlement of this very vexed boundary question. I think that is a feature that is extremely satisfactory, and I hope that now we may be able to make an arrangement with Turkey on friendly lines. The Turkish Government itself is confronted with great difficulties. We know that there are extremists in Turkey, backed by the Russian Soviet, who want to embroil Turkey in a quarrel with us, or, for the matter of that, with any other country. Therefore, if we can show that we are sympathetic to the more reasonable Turkish section, I think that will give good promise for the future.
The other point that I feel very strongly about is that we should become a Mandatory Power for from twelve to twenty-five years. I think the noble Lord termed it a tutelage, but even a tutelage for twenty-five years means that you will take very deep root, and that it will be very difficult to sever the connection at the end of that period of twenty-five years. It would almost inevitably mean that you would have to carry on for a further period. I was talking privately to someone who is fully entitled to give his views on this subject—an Arab—and, while he fully favoured the prolongation of the period of four years, which Lord Parmoor has referred to as the original agreement, he strongly dissented from the view that it was either necessary or desirable for this country to carry on as the Mandatory Power for a period of twenty-five years. He suggested that there should be only such a prolongation us would enable the Iraq Government to Ian their administration on a firm basis. I trust, therefore, that His Majesty's Government will do nothing to plant an administrative system upon the country which would entail this country staying there after a period of from live to ten years. The Government should do everything it can to set the Government of Iraq on an independent basis If peace is then preserved in that quarter of the world, we shall not have to continue in the country for this period of twenty-five years, but, having set up a Government there on a firm and independent basis, shall feel ourselves quite free to withdraw.My Lords, before I deal with the main question that the noble Lord has raised, the question of Mosul, I should like to say a word on the question of disarmament, to which he referred at the end of his speech He is quite right in saying that that is not an urgent matter in this sense, that we are still at a preparatory stage in dealing with disarmament. What happened at the Assembly was this. The Council were asked to appoint a Committee, the name of which was not given but which has now been called the Preparatory Committee for a Conference an Disarmament, which should investigate all the many technical questions. The noble and learned Lord will, I am sure, agree with me that very great and difficult questions are involved in any scheme of disarmament, and that the Committee should, in fact, explore the basis of a future Conference on disarmament. I think your Lordships will agree with me that that was a very necessary and essential step to be taken before any Conference on the subject could be summoned with any hope of reaching a successful and fruitful issue. And that is what we were doing at Geneva the other day.
The Council, acting as a Committee—that is to say, the same State—Members of the Council, bat represented in some cases by different persons—drew up in the first place a scheme for the procedure and composition of such a preparatory Committee. It is to consist of the representatives of some eighteen or nineteen States, one representative from each, and is to have two Standing Committees, one a Military Standing Committee, which will be the existing Permanent Advisory Committee on Military Affairs, and the other an Economic Committee, which will be formed out of the other technical organisations of the League. It is hoped that this Committee, which is to meet for the first time on February 15, will be able to set on foot a searching examination into the whole basis of disarmament. It was thought that it was impossible to deal with one part of the subject without dealing with the whole of it, but this is, as your Lordships will understand, not the drawing up of a scheme of disarmament, but merely investigating the possibilities of disarmament, and dealing with the technical aspects of it. We were also charged to draw up a programme of investigation. When your Lordships come to read that programme I think you will agree with me that if it errs at all it errs on the side of being rather too comprehensive. It is evident, as your Lordships will easily understand, that it was very difficult to reject any subject of inquiry that was at all plausible if any members of the Committee desired to have that subject investigated. I do not think it makes a very great deal of difference. The substance of the inquiry will always have to be under what conditions and in what way is disarmament or reduction of armaments possible, and I do not know that the number of questions, or their exact statement, makes a very great deal of difference to the subject to be inquired into. The noble Lord suggested that there were still differences of opinion between the British and the French representatives on the Committee and the Council in this respect. I do not think that is so. It is true that, as is set out in the Proceedings of the Committee which the noble and learned Lord will no doubt have an opportunity of reading, there was a discussion—as there must be, otherwise it would be useless to meet—as to the exact subjects which we were to investigate. The French representatives, and not only those, but others, were very anxious that in investigating the amount of armaments that theoretically one State might have as compared with another State, we must take into consideration the guarantees of security which that. State has whether by Treaty, by geographical circumstances or by anything else. I do not think any one could fairly object to that. But the way it was stated gave us at first some anxiety, I admit, as to whether it was proposed to embark upon an inquiry which did not seem to us to have any great bearing on disarmament itself. On the terms as finally settled, however, I do not think there is any reason to object to it as an element of the inquiry. The noble Lord asked me what I thought of the prospects of success of the disarmament cause. I have never concealed from myself the enormous difficulties that lie in the way of any general scheme of disarmament. They are prodigious. There is the great difficulty of even finding a means of comparing one land armament with another, and when you come to set up a scale of armaments, allowing so much for this nation and so much for that, you are evidently faced with enormous difficulties. But I am bound to say that in my judgment they are none of them insuperable. The whole question, and there is nothing else in it, is this: How determined are the peoples of Europe, because it is substantially a European question, to bring about disarmament? If I may say so without being misunderstood, it is not even a question of Governments; it is a question of the peoples themselves. If they are really in earnest, if they really desire disarmament, then I am satisfied that there are no technical difficulties, great as they are, which cannot be overcome. On the other hand, if they are really indifferent, if they are not going really to press for disarmament, if they are not going to insist that it shall be done, then I admit that the difficulties are so great that the prospects of success become materially less bright. I do not think there was any other question ea disarmament which the noble and learned Lord asked me. If there is any, of course I shall be very glad to do my best to answer it. Coming now to Mosul, I do not gather that the noble and learned Lord thinks that we ought to reject the decision of the Council of the League. Indeed, when I reflect on the immense care that has been shown by the League in arriving at that decision I think it would be an impossible policy to press upon the Government that we should reject it. May I remind your Lordships of the immense care that has been taken? In the first place, acting, as we have been reminded to-night. on the suggestion of the representative of the British Government, a highly qualified Commission, certainly in no way unfavourable to or prejudiced against the Turks or the Turkish cause, was sent to the place. That Commission consisted of three gentlemen, a Swede, a Hungarian and a Belgian, of considerable eminence in their own countries. They made a most searching investigation. They produced a most elaborate and comprehensive Report. Indeed, if I were to criticise it at all, I should say it was so elaborate and so comprehensive that it was easy for those who were either pressed for time or not very impartially disposed to lose sight of the final and essential recommendations which that Commission made. When the Commission came back the matter was examined by the Council. The Council appointed three of its own members to examine it. No one has accused the members of that. Sub-Committee, so far as I know, of anything but the most extreme desire to arrive at the truth of the case. They investigated it. They heard the representatives of Turkey and the representatives of this country. They sat for some time in September, and it then appeared that there was a doubt raised by the representatives of the Turks as to what was really the function of the Council in the matter. Thereupon, they referred that question to the International Court for the most authoritative International legal advice that could be given. The delay of three months had the additional advantage that all the Governments could be consulted as Governments upon the questions that were being raised before the Council. The Court has now given an advisory opinion that the Council's duty was to give a decision on this matter and not merely to make a recommendation. When that was received the Council, following its universal practice, adopted that advice. It could not have done anything else, I think. After hearing, the Turks at considerable length against adopting it, there was no hesitation on the Council in adopting it. Then they again considered the matter and considered it with the greatest elaboration and care, and very rightly, because it was evidently a decision of a serious character which involved serious obligations on the countries whose representatives took part in it. The decision of the Council was, as the noble and learned Lord has said, to uphold as the boundary—subject, of course, to delimitation—the broad line laid down at the suggestion of Mr. Branting at the Council to which the noble and learned Lord has referred. But they have attached this observation to it, that it shall not be definitive until the present Mandatories have entered into a fresh treaty with the Iraq Government providing that the Mandate shall be extended to such a period, not exceeding twenty-five years, as shall elapse before the Mandated country is able to stand by itself. I do not think that, is a very surprising suggestion from the Council if you have in view the terms of Article 22 to which the noble and learned Lord has referred, because this is said in the case with which we have to deal:—that is where "provisionally" comes in—"Certain communities formerly belonging to the Turkish Empire have reached a stage of development where their existence as independent nations can be provisionally recognised"
All that the Council have really done is to say that, acting on the advice of their Commission which investigated the matter on the spot, we must understand that the. Mandatory is going to give such advice and assistance as is necessary because we are of opinion that at present the provisionally independent nation of Iraq is not able to stand alone. It is true that the maximum period is fixed at twenty-five years, but, as I shall have occasion to point out in a moment or two, that does not at all mean that twenty-five years is to be the limit of our mandatory duties."subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone."
It is a possible limit.
It is the possible limit; it is the outside limit. When that decision was announced the Colonial Secretary, my right hon. friend Mr. Amery, who has really conducted this case with the greatest skill and discretion, as I am sure everybody will admit when they read what he actually said and not what he is reported to have said, which is not always the same thing, stated that he hoped to submit at an early date a new Treaty whose execution will give final effect to the decision of the Council. He also stated that he accepted the decision of the Council and would loyally conform to it. I do not find anything of a hostile or uncompromising character in what the Colonial Secretary said on that occasion as the noble and learned Lord appeared to intimate. That is what happened; that is the position.
The undertaking we have given is not for definite twenty-five years, but for what I believe, as the Secretary of State for the Colonies stated to the Council, will be a far shorter period—namely, until such time as we can make it clear to the League of Nations that Iraq had acquired a stability which justifies its admission to membership of the. League. These are almost the very words which my noble friend desires we should use: that we should only require to be there until Iraq had acquired a stability necessary for her to stand alone. The test that has been adopted at Geneva is one of stability which justifies its admission to membership of the League. It is not an undertaking to spend money or keep troops in Iraq either for the maintenance of internal order or for its defence against external aggression, but to continue our co-operation and advice in maintaining a stable system of government. It may be asked what will be our responsibility for the defence of Iraq if, after the expiration of the present Treaty, that country should be attacked by any foreign Power. It is obvious that the responsibility which we should have towards Iraq, if as a fellow Member of the League of Nations she were the victim of unprovoked aggression, would certainly not be diminished by any Treaty relationship with us which continued our mandatory position. But the League itself has a special responsibility towards a State over which it exercises a mandatory supervision, and if the aggression in question were directed to the forcible overthrow of a boundary fixed by the Council of the League itself, the responsibility of the League as the authority directly challenged a affronted, would obviously be the primary and dominant one. Our responsibility in any future situation must necessarily depend on the circumstances of the situation. The action which we should take and the method and extent of any support which we might give in a particular case cannot be fixed in advance or be a matter of prior obligation. They must be determined by the Government of the day if ever the case arises, in the light of the then existing circumstances and the general interests of world peace and of the Empire. That is the account which the Government gives of the position which now exists. I am not quite sure what the noble and learned Lord really recommends as the policy of the Government. I know there have been very strong criticisms passed upon the action of the Government, notably by a noble Lord who I am glad to see opposite, Lord Beaverbrook, and by another noble Lord who is not present, Lord Rothermere, They have taken a very strong line indeed in hostility and opposition to the policy of the Government. I expect it is my fault, but I am not quite sure what policy either of these noble Lords recommends, but if I have been able to follow their views rightly, and the views of other critics, they may be divided into two schools. One wishes us to withdraw from either the whole or part of Mesopotamia immediately, or as soon as we can; immediately, if possible. Some wish the whole of Mesopotamia to be abandoned in this way. Others wish for the vilayet of Mosul to be abandoned, while others again prefer that some northern fraction of Mosul should be abandoned. I must remind your Lordships of the position which we hold with reference to this territory. We cannot deal with it as if it were a res integra. At the Peace Conference, rightly or wrongly, we asked for a Mandate, and shortly after the Paris Conference a Mandate for Mesopotamia was allotted to us. At that time we were, in fact, administering exactly the same territory as we are now administering. As your Lordships are aware the first attempts at making peace were abortive, but at the Lausanne Conference we insisted on our position as Mandatory in Mesopotamia, and particularly with reference to this Vilayet of Mosul. As the noble and learned Lord has reminded us, provisions were put in with reference to the fixation of the boundaries of Mesopotamia, but that we should remain in Mesopotamia was part of our declared policy, and before the League itself we have on very many occasions asserted—the noble and learned Lord himself was one of the people who did it—our desire to have the boundaries fixed and to remain as the Mandatory of the League in Mesopotamia. It is therefore true to say that the Coalition Government, the Government of Mr. Bonar Law, the first Government of Mr. Baldwin, the Labour Government, and the second Government of Mr. Baldwin, have all of them insisted that we should occupy the position of Mandatory in Mesopotamia and accept the obligations which were thrown upon us.The position when I was at Geneva as the representative of the Labour Government was that we had accepted the Mandate and the only question was in what form to make it.
And also what were to be the boundaries. There was no suggestion before the League that you desired to abandon the Mandate. You could have said to the League that you desired to abandon the Mandate, but there was no suggestion of that kind.
The only suggestion which could possibly have been raised was the form of it.
Oh, no. There is no limit to the questions which any Member of the League may raise before the Council of the League. But what are the actual changes, looking at it as an international matter, which would justify a change of policy on the part of the Government? There has been a certain amount of Turkish pressure, and I am not saying a word which could embitter or envenom any controversy we may have with the Government of Turkey. But no doubt there has been pressure.
In addition, we have had the Report of General Laidoner. I do not quite agree with the noble Lord's estimate of the importance of that Report. It is not a question of what is going on in the district from which these unhappy refugees came. That, I agree, is beyond our competence to deal with. It is a question of what may happen if we abandon our trust over the district which we at present administer. The noble Lord referred to certain passages in General Laidoner's Report in which he spoke of the disturbed condition of the district from which these refugees came. I had the advantage of considerable conversation with General Laidoner after he had made his Report, and he was equally strong in praise of the striking difference in the districts over which we exercised a mandatory influence. He reported in the strongest terms that conditions are absolutely stable and peaceful. I remember that he gave me an illustration in the fact that even the highest officials could walk about without any armed guard or police to look after them—a condition of affairs which, he said, was not always to be found even in the more civilised States. In dealing with the policy of abandonment, if I may so term it, we must recognise and face the fact that, if we go out, we shall inevitably be considered to be going out in obedience to pressure from Turkey and we shall run a grave risk of seeing, when we have gone out, an emigration which the General himself put at tens of thousands—60,000 or 90,000 persons was his estimate of the population that would not be content to remain in the district. That is a very serious state of things to contemplate. And that is not the only thing. The Council's Commission, presided over by the Swedish gentleman, M. de Wirsen, who went out to investigate, reported that the present frontier, the Brussels line, was a perfectly good frontier from the point of view of defence, if defence became necessary, and that, whenever you went back, you would have a frontier that gradually got worse the further back you went, because the slope goes down and becomes more and more deficient in natural obstacles. Accordingly, if you went back, you would have a worse country, that is a more expensive country to defend, if defence became necessary. You would also have less resources, because it happens that normally the territories to the north are some of the richest in production in the whole territory of Iraq. So far, therefore, as we should remain responsible for the defence of Iraq, our position would be more expensive with less resources with which to meet it. Then we should have to face the refugee problem that might come upon us—that, according to this very competent judge, would come upon us. I do not know whether it is realised how small a proportion of the population of the Vilayet of Mosul is Turkish. The proportion is about five per cent. The majority of the population are Kurdish, and next to them come Arabs—both, it is true, Mussulmans, but not specially acceptable to the strong Nationalist Turkish sentiment which prevails in Turkey at the present moment. Then come the Christians—there are, if I remember rightly, some 60,000 of them—then the Turks, who number, I think, some 40,000, and then smaller bodies of Yesidis, Jews and others. I do not, of course, know how many of those would become refugees, but I cannot reject the strong possibility that a large proportion of them would be refugees under conditions of the greatest horror, if some of the scenes were repeated that have occurred already. I am sure that no one-can have read the Report of General Laidoner's assistants without feeling how terrible has been the lot of the refugees there described. As I have said, we should have less resources and greater demands upon us in meeting whatever responsibility lay upon us with reference to these matters. I do not want to put the thing too high, but I cannot help feeling that a policy of abandonment of that kind would, in the existing circumstances and after everything that has occurred, be a serious blow to our reputation and one that would have a repercussion in other countries far removed from Mesopotamia. Finally—I do not want to put the thing in a sentimental or excessive statement—it does seem to me a policy which I should have the greatest difficulty in supporting, if we are to desert those who have, at our invitation and at our instigation, declared themselves our friends and, per se, declared themselves as the possible enemies of any of those who might come after us. I do think that a Government that deserts its friends, the subjects who have trusted us, is committing one of the very worst crimes which a Government can possibly commit. That is the policy of abandonment. But there is, in terms at any rate, quite a different policy that is sometimes recommended. It is a minor policy, and I am not quite sure whether it is the policy which the noble Lord recommends. I refer to the policy of refusing to undertake to make a Treaty to give the pledge that the Council asks for.Hear, hear.
You think we ought to do that? That is a Serious suggestion. The noble Lord has said with great truth that, when we accepted the duty of Mandatory over this territory—whether this was right or wrong I express no opinion—we accepted the duty of tutelage of the populations in the district.
For four years.
When we accepted it we accepted it generally. We afterwards asked the leave of the Council to make a Treaty in which we said that we would accept it for four years certainly, and that then we should consider what further extension became necessary. That is what we said, as your Lordships will sec if you will look at the last Article of the Treaty that we made with Turkey. I do not think that, in view of that decision, we should be acting in accordance with the spirit of the Covenant or of the undertaking into which we entered if we said to the Council, when they asked us if we were prepared to go on with this Mandate until these people are able to stand by themselves, that we decline to give any pledge on the subject. I confess that I think, on the noble Lord's own principles of considering the interests of the population and the respect that we owe to the League, that this would have been a very serious step to take.
Consider what would have been the consequences if we had done that. So far as I can see there would have been one of three. It might be that the result would have been a transfer of a portion of this Province, or the whole of it, to the Turkish Government. It seems to me that a transfer in those circumstances and in consequence of our refusal to accept the suggestion of the Council, would have been very much the same thing as abandonment of the Province itself and would have produced all the evil consequences to which I have ventured to call your attention as the result of abandonment. Speaking merely as a speculation, I think it is more probable that you would have had no decision. Some Members of the Council would have thought that even so it was better to leave the line as drawn and to leave it without further decision, whereas others would have said that they were not prepared to do that unless they knew what line we were going to take as Mandatories. The result of that would have been no decision. From the noble Lord's point of view, and I very much sympathise with him, from the point of view of reaching a decision with the Turks, I think nothing would- have been worse than leaving the matter undecided on a point on which the two Governments took totally different views. The great obstacle to a decision has been that each Government has taken an entirely different view of its international position in the matter. Possibly there might have been an award of the same kind as was given and in that case, no doubt, we should have come in without the express obligation to stay there, to discharge the duties of a Mandatory—because that is all we have undertaken—until the Arab Government can stand by itself. I think that in that case the decision would not have been substantially different from what it is now. It is true that we should have been there without express obligations beyond the four years, but all the obligations to which I have referred—the difficulty of abandonment, the difficulty of leaving your task half done—would have existed just as they do at the present time. I wish to say, speaking for myself, that to my mind the obligations that rest upon us in this matter are obligations arising far more from our actions than anything that we have said. I think there is a great deal to be said for the view that we ought never to have gone to Mesopotamia. That, however, is past history and we cannot discuss it now. I do not propose to dc so. We went there and we established a government over the whole of this territory. We set up an admirable Administration. We have gradually trained the people to take into their own hands their own fate and we are anxious that that training should go on as rapidly and as completely as possible. It has already made marvellous progress. As the necessary result of these conferences we have induced a number of people to declare themselves as our friends and supporters. We have undertaken this duty and that is the real difficulty, if it be a difficulty, in which we are placed. It is not the question so much of this phrase or that, phrase in the Mandate. It is a question of what you do, and that is the great principle which I venture to press upon your Lordships as true in all questions of foreign policy and in a great many other questions, possibly. You must be careful in instituting a policy, in beginning it, because it is the consequences of what you do that really binds your action in the future. You cannot, by any ingenious form of words, get out of the general broad proposition that if you have undertaken a duty and induced people to rely upon you to carry it through, you cannot throw that duty aside in the middle and leave those people to shift for themselves. Perhaps it is because I was trained as an English lawyer in the doctrine of assumpsit, with which my noble and learned friend is well acquainted, that I feel so strongly that it is the fundamental principle of justice which underlies so much of the foreign policy of this country. When I come to what we ought to do I find myself very nearly, if not altogether, in agreement with the noble Lord. I agree most fully that nothing could be more desirable than that we should arrive at an agreement with the Turkish Government. I think we ought to do so if we possibly can. I do not know that I can put it more strongly than it was put by the Foreign Secretary in the passage at the enc of the White Paper. After the decision had been given, the Foreign Secretary said—I think that is the right policy. I believe that the decision of the Council will not in any way interfere with that policy being carried out but, on the contrary, will form a basis which will remove much disputatious matter which might otherwise have hindered agreement being arrived at. That is part of the policy of the Government. We are anxious to arrive at an agreement with Turkey. The other part is also that which my noble friend pressed upon us—namely, that we are anxious to use all our powers to enable the people of Iraq and the Government of Iraq to stand by themselves as early as possible, and to be in a position to apply for membership of the League of Nations. We shall do everything we can to forward that desirable consummation at the earliest possible moment, and I shall be bitterly disappointed if Iraq does not reach that position of responsibility long before the twenty-five years have elapsed. For myself, I see no reason why it should not have reached that position in a very much shorter period of time."The British Government have no wish to take up a rigid or uncompromising attitude towards Turkey. If they have pressed for a decision by the Council, it is only because they believed that until the Council had pronounced upon the question submitted to it by the Treaty of Lausanne, it was impossible to find a common basis on which to found the discussion of an agreement with the Turkish Government. The British Government most earnestly desire to live on terms of peace and amity with the Turkish Government. The Council having given its decision, His Majesty's Government will gladly lend itself to conversation with the Government of the Republic of Turkey in order to see whether, while taking due account of the Council's decision, it may not be possible to render the relations between our two countries easier and safer. With this object in view the British Government is ready to take into consideration any proposal made by the Turkish Government which is compatible with their duty as Mandatory to protect the interests of the people of Iraq"
My Lords, I thank the noble Viscount for the answer he has given on both the points which I raised. On the disarmament point I only desire to say this, that presumed comprehensiveness in one sense leads to impracticability, if not impossibility, and that is what I fear from the form of comprehensiveness to which the noble Viscount referred. At the same time I will corroborate his view that technical difficulties are really only obstacles so long as there is not an earnest desire on the part of various peoples to carry out a reduction of armaments, and that so soon as a general desire of that kind is really entertained, these technical objections are likely to disappear.
The more important point I want to say a few words about is what the noble Viscount said with regard to Mosul. I do not think that he at any rate fully understood the point I made, and I want to make it quite clear, so that there may be no misunderstanding. Of course I agree with him that the decision of the Council as an arbitral body must be implemented by the action of the British Government. There is no question between us on that point. But the particular matter to which I called attention—namely, the period of twenty-five years—was not submitted to the arbitral decision and is not dealt with as part of the arbitral decision. The arbitral decision was given as to the direction of the frontier line and that was the only matter which, under the Treaty of Lausanne, was referred to the decision of the Council of the League. The British Government is invited to submit a new treaty for twenty-five years.They go on to say that their award will not be definitive until that has been done.
That is a condition which in my view cannot be attached to the award as an arbitral decision. The arbitral decision is the decision of the frontier line; the invitation to accept a Mandate of twenty-five years is an invitation only. I do not want, however, to bandy technical points with the noble Viscount. I do think that a new Mandate of twenty-five years is a most serious matter. I agree with him that you cannot accept a Mandate of this kind without creating responsibilities towards the mandated country and under the conditions prevailing in Iraq, if you remain there for twenty-five years you will find that obligations and responsibilities are undertaken that will make it practically impossible for you with national honour to leave Iraq at all. Does the noble Viscount really think that, if we accept this period of twenty-five years as a maximum, there is the remotest chance of Great Britain's resigning the Mandate in a shorter period?
Certainly. I thought I had said in the plainest possible language that it is twenty-five years, or the period within which Iraq shall be in a position to apply for membership in the League of Nations, which we have said we will forward to the utmost of our power. It is quite true that, if Iraq were to remain in exactly the same position as she is in now, and we were to remain in exactly the same position as we are in now, we should evidently be no further advanced at the end of twenty-five years, but our policy is to avoid that happening, by enabling Iraq to stand by herself, and by coming to a friendly arrangement with Turkey, which will render the burdensome nature of our position, such as it is, either nonexistent or very much less.
That is a matter upon which is is possible to have differences of opinion, but it is not the point which I am stressing. In fact, it has nothing to do with it. What I say is that the longer you stay under the conditions of a Mandatory responsible for the administrative Government of Iraq, the stronger will almost certainly be the argument that you cannot leave Iraq, because, in proportion to the length of time that you maintain your administrative position, will be the growth of fresh responsibilities which national honour will compel us to undertake. That is the whole point. The people of Iraq were given notice in the original Mandate that we would only he responsible for four years. Well, apparently we differ upon that. I say it is perfectly clear to any one who reads the original Mandate that we were only to be responsible for four years, and that if, at the end of the four years, Iraq was not sufficiently grown up to be a Member of the League of Nations, then the matter was to be reconsidered. I attach the very greatest importance to the limitation introduced in the original Mandate. If the noble Viscount is right, there ought to be no period now inserted at all. You ought merely to wait until, with the passage of time, Iraq is in a position to stand by itself. No other consideration arises except that—certainly no consideration of time. Immediately you introduce a period such as twenty-five years you come under an obligation which at the end of that time will imply an almost permanent obligation. That has been the history of other places—not under Mandates, because the history of Mandates is a new principle.
You can approach a Mandate from two points of view. One is with the idea of getting rid of it by educating the mandated people as quickly as possible, the other is to take the point of view of saying: "We do not want to leave. We are here promoting interests which we cannot abandon, having regard to our ideas of national honour." That is the wrong way of looking at the position of a mandated territory. And it is for that reason that I think it is a fatal mistake, in dealing with such a vital issue, to come under any obligation which can be construed, and which I think will be construed, as making us responsible for Iraq for at least a period of twenty-five years. The noble Viscount, I think, hardly realises the nature of the obligation which we are undertaking for this long time. Suppose we cannot come to a friendly arrangement with Turkey—which the noble Viscount knows, perhaps better than I do, is not an easy matter: What is to be the result? How long are we to remain under an obligation if Turkey does not adopt a friendly attitude? What will be the cost of military, naval, and air expenditure? I quite agree that, when you put yourselves into a position of that kind, you cannot leave the people towards whom you have undertaken responsibilities without fulfilling those responsibilities as a matter of national honour and national prestige. I am not at all reassured by what the noble Viscount has said, and I believe that there is a strong feeling in all Parties in this country—we know it prevails in the Conservative Party—that no such obligation, of practically a permanent kind, ought to be undertaken, at least until the feeling of the country has been ascertained.Motion, by leave, withdrawn.
Consolidated Fund (Appropria Tion) (No 2) Bill
The LORD CHANCELLOR acquainted the House that the Bill had been certified by the Speaker as a Money Bill under the Parliament Act, 1911.
Read 2a (according to Order): Committee negatived.
Then (Standing Order No. XXXIX. having been suspended) Bill read 3a , and passed.
Coastguard Bill Hl
Order of the Day read for the consideration of Commons Amendments.
My Lords, I beg to move that the Commons Amendments to this Bill lie now considered. These Amendments are the re-insertion by the Commons of the provisions which were struck out of the Bill when it was passed through this House on the ground of privilege.
Moved, That the Commons Amendments he now considered.—( Viscount Gage.)
On Question, Motion agreed to.
My Lords, I now beg to move that the Commons Amendments to this Bill be agreed to.
Moved, That this House doth agree with the Commons in the said Amendments.—( Viscount Gage.)
On Question, Motion agreed to.
Land Settlement (Facilities) Amendment Bill
Order of the Day for the Third Reading read.
Moved, That the Bill be now read 3a .—( Lord Bledisloe.)
My Lords, I most respectfully hope that your Lordships will not think me an infernal bore rising at this time on the last day before the adjournment to say a few words on this Bill. I promise your Lordships that they will be very few, but I really cannot help myself. Something has to be said, and I have been asked by my leader in this House, Earl Beauchamp, and by the Commander-in-Chief of the Liberal Party or what is left of it, Lord Oxford and Asquith, to express what our feelings are in regard to the Bill that your Lordships are now asked to read a third time.
I wonder if your Lordships know what this Bill means. Last week it was pitchforked in amongst a lot of other Bills that were all tied together like a sheaf of corn, and it was proposed to put this Bill through all its stages on the same day with the others. That was a little bit strong even in this House. The only excuse that could have been made for it would have been that it was a Money Bill. We have been informed by my noble friend Lord Bledisloe that this is not a Money Bill, but it is an agreed Bill. I think most people will agree with me when I say that of all the bad Bills that have passed through this House this is the worst. What is this Bill, which is called the Land Settlement (Facilities) Amendment Bill? It is a measure to permit payment for the loss incurred by the Land Settlement Act of 1919. What did that Act of Parliament do? It placed 14,000 ex-soldiers on the land. That Act was brought in by Mr. Lloyd George's Coalition Government in 1919, and was a most praiseworthy one in its object, but the result was that it cost the country £17,000,000. Fourteen thousand ex-soldiers were put on the land at a cost of £17,000,000. That works out at a cost of £1,100 each. That, I think your Lordships will admit, is a most wonderful performance. How was this feat accomplished? It was done by suspending the Small Holdings Act of 1908. May I be permitted to say one word about that Act because I had a little to do with it? During three and a half years I happened to know something of the way in which it was carried out. Under that Act the Liberal Government put 5,000 men on the land and secured about 180,000 acres. That would be the equivalent of a piece of land a mile wide and about 200 miles long, that is to say, like a piece of road a mile wide running from London to York. We did that, and the transaction did not cost the county one single shilling, because the rents that the men paid covered all the expenses, including a sinking fund to repay all the money in a certain time. And ninety-five per cent. of the men who were put on the land at that time, under that Act, are on the land now, and are all doing well. I think I may fairly ask the House to contrast the "Liberal Land Policy Bill,'' as I may call it, with the Bill that we are now asked to read a third time. Not only has this frightfully extravagant thing, which costs the country £17,000,000, impoverished the country, but the ex-Service men's rents under it were so high in comparison with those paid under the Small Holdings Act of 1908 that the Ministry insisted on all the pre-War rents being raised, so that justice should be done and that all should suffer alike. That is a bald statement of what has happened, and I challenge contradiction of it. I have made a statement of exactly what this Bill is, and what we are asked to do this afternoon is to continue it. I am not in the habit of speaking for other people, but I cannot honestly believe that the House will sanction the continuance of this awful extravagance. But what are we to do? We are asked to read this Bill a third time. It is now twenty minutes to seven o'clock and the red benches of your Lordships' House show that there is a rather attenuated attendance; in fact, we are rapidly approaching that mysterious triumvirate which the law of England certifies as constituting the House of Lords, a congregation or a mob. What course am I to pursue in the protest that I am making for the whole Liberal Party? If I challenged a Division what good would it be? You must have thirty Peers present for a Division to be taken and there are only sixteen or seventeen Peers left in the House. All I can do to-night is to thank your Lordships for having allowed me to make this protest in the name of the Party to which I belong and to express the determination of the Liberal Party, in connection with any land question that may be brought before us, to resist to the uttermost any such extravagance as that which I have tried to describe this evening to your Lordships. I suppose that my noble friend will say that the Bill is to be read a third time. I am in his hands. I have made my protest, and that is all I can do.My Lords, my noble friend has just told us that he is making a protest against this Bill in the name of the Party to which ha belongs. I am bound to say that if he is doing so he is not receiving that enthusiastic and vociferous support from the Liberal Benches which in such circumstances one would naturally expect. But what troubles me so much about the observations of the noble Marquess is that he told us that he is asked by his nominal Leader to protest against, the continuance of this Bill; by which I imagine he means the scheme embodied in the original Act of 1919. I want to make it perfectly clear to your Lordships that is exactly what this Bill is not intended to do. This Bill is intended to wind up once and for all the scheme which was provided for in the Act of 1919 and, therefore, so far from asking the House to object to the Bill, if your Lordships agree with the noble Marquess, and indeed with myself, you will do your best to pass this Bill into law as soon as possible, its object being to wind up that scheme and incidentally to wind up the finance in connection with the scheme.
Let me say that my noble friend, if be will allow me to call him so, is, in effect, a pioneer in this country of small holdings, at any rate of statutory small holdings, and he has managed to convince, I will not say his; own Party because apparently he has not, but the other two Parties, how very desirable it is to continue, develop and extend the scheme which he initiated in the year 1908. The only opposition there seems likely to be to this salutary extension of small holdings, in which we are all very much interested, appears likely to come from the right hon. gentleman who up to this evening I always imagined dictated to the Liberal Party their land policy. I want to acknowledge seriously the debt which this country and the rural community owe to the noble Marquess in the matter of small holdings. He has an unrivalled knowledge of this particular subject and he was undoubtedly responsible for the initial effort made in 1908 But this Bill, as I ventured to explain in the absence of the noble Marquess last Thursday, when moving the Second Reading, comes to this House as an agreed Bill as between the County Councils Association and the Borough Councils and the Ministry of Agriculture and the Treasury. It also comes here as a Bill that is agreed to by the House of Commons and which passed without criticism in another place. The only Liberal who expressed an opinion on the Money Resolution which initiated this Bill in another place was Mr. Fenby. Mr. Fenby is not only a very authoritative Liberal but he is Chairman of the East Riding; Small Holdings Committee. What was it he said? He started by congratulating the Minister of Agriculture and his advisers on this Bill, and he went on to say:—that is to say, other than ex-Service men—"The county councils, or some of them, are anxious to make a move forward with regard to settling men upon the land as I smallholders"—
That is the only expression put forward' on behalf of the Liberal Party in another place when the Money Resolution in connection with this Bill came before it. Now what are the objections which the noble Marquess has made, not to this Bill but to the original scheme initiated by a Government of which a most distinguished Liberal was the head in 1919? His objection was that whereas his own measure of 1908 was so successful that there was no monetary loss resulting from it (which I quite admit), and that no more than 5 per cent. of the men that were settled thereunder have not made good (which again I admit), under this particular scheme which was for the benefit of ex-Service men, and ex-Service men only, something like £17,000,000 have been expended on which we anticipate that something like £8,000,000 will, in fact, have been lost—we admit that. Under this particular scheme not 14,000 small holdings but 16,000 small holdings have been constituted at a cost not of £17,000,000 but of £16,000,000, and the result of the arithmetical calculation that the noble Marquess made is very substantially modified; in fact, each small holder has been settled at a cost of less than £1,000, instead of considerably more. What is the difference in the percentage of men who have not made good? As I pointed out just now, the noble Marquess is proud, and justifiably proud, of the fact that not more than 5 per cent. have failed under his scheme. But no more than ten to twelve per cent. have failed under this scheme under most abnormal conditions. What are those conditions? in the first place, suitable land had to be obtained at an appreciably higher value than the cost of such land in pre-War times. The buildings and equipment were very much more costly, probably at least 80 per cent. more costly than they were in the years to which the noble Marquess referred. The rate of interest on capital loans was very much higher. At the time when the noble Marquess's scheme came into most effective operation the value of money—that is, the rate of interest charged by the Public Works Loans Board—was no more than 3½ per cent., whereas, the average that has been charged during this post-War period has been 6¼ per cent., and the greater part of the land was acquired with money upon which county councils have had to pay 6½ per cent. That was in the years between 1920 and 1922. Then the noble Marquess must realise that the men who came and occupied the original small holdings were the cream of the working class population in the rural districts, skilled workers. The bulk of these men are ex-Service men, many of them with very limited agricultural experience and many of them partially disabled and unable to throw the amount of energy into the work which the ordinary small holder is able to do. Lastly, but by no means least, we have unfortunately had bad seasons, with relatively low prices during the period when these men were getting established on their small holdings. I do not think it is necessary for me to say anything else except this. The noble Marquess, when the principal Act was under discussion in this House, in 1919, raised by anticipation the same protest, and Lord Ernle, who was then Minister of Agriculture in what I may call the Lloyd George Government, himself anticipated that there would be a loss of some millions on the scheme. He realised that in the eventual balancing of accounts money would have to be found from the Exchequer in order to avoid county councils suffering a loss. He was not far out in his anticipation as to what the loss would be. He suggested 40 per cent. As a matter of fact we anticipate a loss, at the most, of 50 per cent., under much more difficult conditions and much more onerous rates of interest than Lord Ernle was able to anticipate. I suppose I must not take it seriously that the noble Marquess proposes to divide against the Bill. Assuming he were to do so, let me remind him what would happen. The valuation of the small holding estates would be carried out on the lines of Section 27 of the original Act, and the ratepayers in the counties would have to find the difference in rates between 3½ per cent. and 6 per cent. in order to balance the small holdings account. I cannot believe that the noble Marquess desires anything like that. In fact, it is the last suggestion that would come with any grace from the great pioneer of the small holdings movement in this country. The surprise to most of us is that the loss on this ex-Service small holdings scheme has not been far more serious that it has turned out to be."and unless this settlement is arrived at before the House rises for Christmas it will be almost impossible to carry out the settlement for April next between the county councils and the Ministry. What I am anxious about, as a member of a county authority, is that this settlement should be effected as early as possible, so that, a forward movement may be made in regard to small holdings in vetting more men upon the land."
On Question, Bill read 3a , and passed.
Education (Scotland) Bill
House in Committee (according to Order): Bill reported without amendment.
Then (Standing Order No. XXXIX having been suspended), Bill read 3a , and passed.
Business Of The House
My Lords, before the House adjourns I have to inform your Lordships that some slight departure is proposed from the arrangements made as to to-morrow's meeting of the House. The discussion in another place on your Lordships' Amendments to certain Bills has not been concluded. It has taken longer than was expected, and the discussion has now been adjourned. It will not be resumed until to-morrow morning. That being so your Lordships will not meet at eleven o'clock to-morrow, as arranged, but at three o'clock in the afternoon. After consideration of any matters which may arise a Royal Commission will sit here to give assent to certain Bills, and afterwards there will be the Prorogation.
[ From Minutes of December 18.]
Earl Of Bandon
Report made from the Lord Chancellor that in the Peerage of Ireland Percy Ronald Gardiner, Earl of Bandon, has established his succession to the Earldom of Bandon, and his right to vote at any elections of Representative Peers for Ireland which may be held in future under the Statutes in force relating thereto, to the satisfaction of the Lord Chancellor; read, and ordered to lie on the Table.
Ordered, That the Report be sent to the Clerk of the Crown in Ireland, together with a certificate stating that such Report has been made, and that the House has ordered it to be sent to the said Clerk of the Crown in Ireland.
House adjourned at five minutes before seven o'clock.