STATUTE LABOUR IN SCOTLAND. (Hansard, 25 February 1836)

§ Mr. John Maxwell
In bringing forward a Motion for the regulation of Statute Labour in Scotland, I anticipate the opposition of those who admire irresponsible power, who benefit by the abuses it seeks to terminate, and also by those who think they know a better remedy than the one it contemplates, besides that of those who wish the continuance of abuses, that they may have some end advanced by declaiming: against them, have not the presumption to say, that my proposed measure of relief is the best that can be devised, or to deny that it is capable of improvement. All I pretend to say in its favour is, that it embraces the principle of taxation and representation, and affords publicity, control of expenditure to parties contributing the expended funds, and appeal from parties interested to a disinterested tribunal, when the general interest requires such resource. I leave the existing qualification of trustees intact. Many of them being interested in more than one parish, secures to the county a better prospect of ail parish communications being adequately maintained, and a greater probability of comprehensive and reflected views of good general management and united arrangements, than a tenant of land or house, or even a small landowner. To these, however, as locally the best acquainted with the wants of the parish, and as directly charged with maintaining them, and constantly affected by the frugal and impartial expenditure of the road-money, or the reverse, I propose to afford to them the representation of their interests, and the control of their contributions, which the power of electing trustees would confer. Although the tenant of land or house may be held to bargain for so much less rent when he offers to the landlord to occupy the property as the rote imposes on it, be does so with expectation to have the parish road to his residence fairly supported by that rate. It is hard that he should do so for a long; lease, and, if the 882 landlord be a minor, lunatic, or female, be totally without the means of getting a just application, or even of offering a complaint—much less any power of appealing to any other tribunal than that which is composed of the order of those whose conduct renders the complaint and appeal necessary—the barons of the barony and the trustees of the parish being almost always identified in interests, if not in person. The occupier of a house and the owner being generally the same person, will be equally represented; but as I think mere occupancy gives a sufficient claim after a period of five years, I propose that it should give an elective privilege. The trustees would then be composed of owners of valued rent of 100l. Scots value, of a trustee elected by owners of valued rent under 100l. Scots, of a trustee elected by tenants of land, of a trustee elected by residing rate-payers owning houses, and of a trustee elected by rate-payers occupying houses as tenants. By this means the permanent and temporary rate-payers would be both represented, and both enabled to promote frugal, equitable, and judicious employment of their contributions, and such measures as would tend to secure good communications in every village and every parish, and a full but fair contribution likely to be realised and established. I would empower trustees so constituted and combined with trustees already qualified, to unite with other parishes, for the purpose of appointing district surveyors, collectors and clerks; but I would add, for the general interest, and for the individuals aggrieved, a power of appeal to the sheriff or justices of the county. The trustees on valued rent, being turnpike trustees, could employ or assent to the employment of the turnpike-road surveyor; and as the parish roads are the feeders and conductors to the turnpike roads, the public, as well as the local traveller, would benefit by his employment, and, the retention of the existing qualification of trustees of 100l. Scots valued rent, I should limit the operation of my Bill to burghs of borough landward parishes in the first instance, as it is framed for the purpose of relieving such districts from abuses complained of by their inhabitants; and I should print and circulate it in Scotland for a year previous to its enactment. Parliament and the Executive would thereby learn any and what objections, amendments, or alterations 883 were desired by the country, and give it the sanction of the Legislature. The hon. Member concluded by moving for leave to bring in a Bill to regulate Statute Labour in Scotland.

§ Sir Andrew Leith Hay
did not rise to frustrate the intentions of his hon. Friend, nor to bring forward any case to disprove what he had said with respect to the Statute Labour Roads in Scotland. But he could not think it would be advantageous to have a Committee appointed for the purpose of investigating the state of those Roads merely in a particular district; the proper course would be, in his opinion, to have a Committee on the whole subject generally, to take into consideration the public and private Acts under which they were at present placed, and the Amendments which it would be desirable to make in them. It was quite impossible that one Act, of the description proposed by his hon. Friend, could be made generally applicable to the whole of the country; and it would be, he had no doubt, the opinion of the House, that before they proceeded to alter the law in this particular, they should know what the law in general really was, and so be enabled to form enactments which would be beneficial to the whole community: he should, therefore, move as an Amendment, "That Select Committee be appointed to investigate the several Acts, public and private, regarding Statute Labour in Scotland, and the manner in which the conversion is exacted or levied, and applied to the several counties respectively; and to consider how the existing laws may be amended, and report thereon to the House."

§ Mr. Cumming Bruce
said, he thought Scotland greatly indebted to his hon. Friend for bringing forward this subject; nevertheless he considered the Amendment proposed by the right hon. Baronet, the Member for Edinburgh, would do much more to correct the evil so justly complained of throughout that country; he therefore hoped after the Amendment which had just been moved, that the hon. Member who had made the original Motion (to whose motives he gave the fullest credit) would consent to withdraw it.

Mr. Wallace
would also join in hoping his hon. Friend would see the importance of his acceding to the Amendment of the right hon. Baronet, the Member for Edinburgh. At the same time he must say, that no part of Scotland was more op- 884 pressed than that which his hon. Friend represented, with regard to Statute Labour.

Sir George Clerk
After the general expression of feeling by Members connected with Scotland, he trusted his hon. Friend would meet the proposition of Government in the manner so universally desired. The hon. Member for Dundee who knew more than any man, perhaps, upon the subject, had pointed out an Act which he thought the best model of legislation in Statute Labour; it was a Bill brought in for the county of For far which had acted most beneficially. He thought the Committee, having before them the whole of these Bills would be able to devise a more perfect remedy for ail the abuses existing in the law on that head.

§ Mr. Fox Maule
also supported the Amendment, and trusted the hon. Member opposite (Mr. Maxwell) would withdraw his motion.

§ Mr. Maxwell
was most happy to find that his Majesty's Government were willing to take up the question, and willingly yielded to the suggestions of the influential Members for Scotland who had just spoken.