HC Deb 04 April 1871 vol 205 cc1173-4

Bill, as amended, considered.

SIR MICHAEL HICKS-BEACH

desired to call attention to a point of some importance, as it affected the interests of the best class of workmen in the country. The Bill proposed that trades unions should be registered precisely in the same way as Friendly Societies now were; and since many persons were led to believe that the registration implied Government sanction of the financial character of Friendly Societies, and acting on that belief, they invested in them to their personal loss on account of the unsoundness of the finances, he hoped the Government would not lend any influence to further the mischief. He believed the harm would be greater in the case of trades unions than in that of Friendly Societies, for while the former might run to extravagance only through their management expenses, the latter had several sources of peril to their funds—namely, payments to workmen travelling from one place to another in search of employment, payments to men on strike, and other matters of expenditure quite distinct from the proper purposes of a benefit society. He should suggest that no trades union should be registered unless provision was made that the funds accumulated for the benefit of the members should be kept separate from the funds applicable to a strike or other purposes.

MR. BRUCE

said, such an Amendment as that indicated by the hon. Baronet would entirely defeat the object of the Bill, because no trade union would accept a condition of that kind. Trades unions being both trade societies as well as friendly societies, it would be impos- sible to apply to them the rules adopted by Friendly Societies. They were altogether separate and distinct in their character.

MR. WINTERBOTHAM moved an Amendment with regard to the constitution of the Court of Summary Jurisdiction, to the effect that in England it should consist of a stipendiary magistrate, or where there was no stipendiary magistrate then of two or more justices of the peace; in Scotland, the sheriff of the county or his substitute; in Ireland, the resident magistrate; in the metropolitan districts, a stipendiary magistrate; and in the City of London the Lord Mayor or any of the Aldermen.

MR. HINDE PALMER

said, he saw no reason why the County Court Judges should not be included in the list. There could be no difficulty in intrusting to the County Court Judges this small portion of criminal jurisdiction. Through administering the Friendly Societies Acts they had become familiar with kindred questions, and as there were no stipendiary magistrates in many places their administration of the law would be relied upon by the workmen. He therefore moved, after the word "justice of the peace "to insert" or a Judge of the County Court."

MR. MORLEY

seconded the Amendment of his hon. and learned Friend, because the fact was undisputed that many of the magistrates who would have jurisdiction under this Bill were themselves employers of labour; and however high their character might be, they would more or less be open to suspicion in regard to their judicial conduct.

MR. WINTERBOTHAM

said, the Amendment proposed a serious alteration in the principle on which County Courts were founded. If there were any growing discontent with the operation of this Act, and with the decisions given under it by the unpaid magistracy, it was always open to the localities to request the appointment of a stipendiary magistrate; but the Government could not accede to the proposal to turn the County Courts into Courts of Criminal Jurisdiction.

Amendment (Mr. Hinde Palmer) negatived.

Amendment (Mr. Winterbotham) agreed to.

Bill to be read the third time upon Monday 17th April.