HL Deb 26 June 1884 vol 289 cc1334-49

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

Moved, "That this House do now resolve itself into a Committee on the said Bill."—(The Earl of Dalhousie.)

THE EARL OF MINTO

said, the Bill was proposed with the intention of meeting complaints of very long standing. It had been commonly thought in Scotland, for many years, that if a Member of that House, or of the House of Commons, cognizant with Scotch affairs, and, if possible, of Cabinet rank, were appointed to supervise the Business and legislation appertaining to Scotland, it would be of advantage to Scotland. So far as this Bill was calculated to effect that object, it was one that deserved every support. But there were provisions in the Bill about which he was not enthusiastic; and he was somewhat at a loss to ascertain upon what principle of selection the subjects to be entrusted to him had been assigned to the Office. The Bill proposed to make some considerable changes in matters of the executive and administrative Government. In the Schedule to the Bill about 50 Acts of Parliament were enumerated, which were now administered by the Treasury, the Home Office, the Privy Council, and the Local Government Board, which were henceforth to be placed under the control of the new Secretary. But though the Schedule contained many trivial Acts, it omitted some important ones. It omitted the Education Act, the administration of which was not to be transferred to the new Secretary. He did not wish to say one word to discourage the Government from proceeding with legislation of this kind; but he asked their Lordships to consider why, above all things, the one most distinctively Scottish institution should be omitted from the scope of the Bill. There was another subject—the Department of the Register Office. That was also a distinctively Scottish Department; and he did not see why these two, which he considered of a most important character as affecting Scotland, should be excluded from the scope of the measure. He wished, to take that opportunity of expressing his opinion that, as regarded the Education Act, at all events, this omission from the Schedule of the Bill constituted a grievous blot upon the Bill, and that the measure would not be complete unless it were made to include the education enactments relating to Scotland. He had been requested by some of his noble Friends not to rest satisfied with merely stating his own views on the subject, but to bring forward a distinct Resolution in regard to it. He therefore begged to propose the following Resolution:— That, in the opinion of this House, the supervision of education in Scotland should be intrusted to any department charged with the distinctive administration of Scotch affairs.

THE EARL OF FIFE

said, that when the Bill was read a second time, a few weeks ago, the practical unanimity that then prevailed as to its general principles was so refreshing that he had not ventured to trouble their Lordships with any remarks of his own, more especially as, three years ago, he had had the privilege of raising the question of the appointment of a Minister for Scotland in their Lordships' House. He was glad to see that the few remarks which he then so feebly made had received such ample recognition as they did in the Bill now before their Lordships. As it was now agreed that Scotland was to have a Minister of her own, he hoped he might be allowed to say a word in support of what had fallen from his noble Friend on his left (the Earl of Minto). He begged Her Majesty's Government not to allow this graceful concession which they were making to the wishes and the wants of the Scottish people to be marred by the omission of what, in the opinion of some of them, would be a most valuable part of the measure—namely, that of not including the Education Acts among those to be administered by the new Secretary. The arguments which were urged against his proposal to include education appeared to him to be partly of a technical, and partly of a red-tape character, which, if good at all, might be applied with equal force to every function which it was proposed to transfer to the new Office. If there was one thing about which Scotland had every reason to be proud, it was the superiority of her educational system, which, although only finally established in 1870, was the outcome of three centuries. Long before the Education Act or Whitehall Department were ever thought of, the education of the people of Scotland was far in advance of the other parts of the country; and the question now was, were they in Scotland maintaining their old supremacy in these matters? Thoughtful people connected with Scotland had told him that they had very grave doubts on the point whether, relatively, we were maintaining our old position in this respect. That was hardly to be wondered at, when it was remembered that it must be the aim of a Whitehall Department to level up the other parts of the country to the Scottish level, rather than energetically to push forward Scottish education, and to make it in every way more effectual. To Scottish eyes, that looked very like levelling down; and, in practice, he greatly feared it would be found to be so. As was well known, the education of Scotland was not under the same Act as that of England; it was not regulated by the same Code; and it was not managed at the present moment by the same officials. It was notorious that the two systems were essentially different. If there was one thing that was thoroughly and purely Scottish it was their educational system; and when it was found that education was not to be included in the functions of this new Secretary, great disappointment and surprise were expressed in Scotland; for it was felt that the inclusion of that subject would tend to maintain their old educational supremacy, which was the envy and admiration of England. He should certainly support his noble Friend, even if he found it necessary to put the House to the trouble of a Division.

On Question?

Resolved in the affirmative.

House in Committee accordingly.

Clause I (Short title).

THE EARL OF GALLOWAY

said, he wished to make some observations with reference to a subject to which he had directed attention on the second reading. He stated on that occasion that he was not prepared to oppose the Bill.

THE EARL OF ROSEBERY

I rise to Order. I understood the noble Earl behind me (the Earl of Minto) to move a Resolution; but that Resolution was not put by the noble and learned Earl on the Woolsack.

THE LORD CHANCELLOR

I am sorry that there should be any misunderstanding; but I certainly did not hear the noble Earl make any Motion. I was not aware of his having done so; and I put the Question as to going into Committee, being entirely unaware that there was any Motion proposed.

THE EARL OF MINTO

I moved a Resolution distinctly.

THE LORD CHANCELLOR

I repeat that I am very sorry there has been any misunderstanding1, for which I am partly responsible; though I confess I did not hear the Motion proposed, and it was not on the Paper. What is to be done? Shall I go back again?

EARL GRANVILLE

said, he was of opinion that such a course would be very irregular.

THE MARQUESS OF HUNTLY

said, he thought that it would save some time in discussing the different Amendments on the Paper if the discussion on his noble Friend's Resolution were taken on the first Amendment.

THE MARQUESS OF SALISBURY

said, he did not see how any alteration of the position could be made. It appeared to him that it would be necessary for the House to resume, and then to go into Committee again. The irregularity or neglect seemed to him to be on both sides; because if the noble Earl, who was interested in this matter, had stopped the noble and learned Earl on the Woolsack, when he put the Question, the misunderstanding would not have arisen.

THE LORD CHANCELLOR

said, he was really very sorry; but there were two things which ought to induce the Committee to excuse his mistake. One was, that no Notice was given on the Paper of any Amendment to the Motion to go into Committee. And the other was, that the construction of the House was such that noble Lords speaking from a particular part of the House, unless they had very excellent voices, or exerted them to the fullest extent, were not easily heard on the Woolsack.

THE EARL OF ROSEBERY

I rejoice extremely at this slight discussion, because it justifies so entirely the Motion that I had the honour to submit the other day. I do not think it is a matter of very great moment, if my noble Friend will permit me to say so, whether the discussion takes place now, or later, on the Amendment of the noble Marquess (the Marquess of Huntly) to the Schedule; but as it appears to me that the constitution of the House will be shaken to its foundation if the noble and learned Earl resumes the Woolsack, I hope the matter will not be pressed.

THE EARL OF MINTO

said, he was sorry that he had failed to make himself heard by the Lord Chancellor; but he distinctly moved a Resolution, which was seconded by Lord Fife, and in so doing he had acted quite in Order.

THE EARL OF DALHOUSIE

said, that as the Resolution of the noble Earl related to the subject of the first Amendment on the Paper, the inconvenience of checking the discussion upon it was merely a formal inconvenience. The discussion could be carried on the first Amendment.

Clause agreed to.

Clause 2 (Appointment of a Secretary for Scotland. Assistant Secretary).

THE EARL OF GALLOWAY

said, he wished to refer to the 3rd paragraph of the clause, which said— The Secretary may appoint a permanent Assistant Secretary and such other officers as the Treasury may determine. He had called attention to this point on the second reading of the Bill; but could not say that the answer which was given to him at the time removed his objection to the words. It seemed to him, from the way the paragraph was drawn, that upon any one Government following another, there would be a different Secretary for Scotland appointed; and that he would be empowered, if he got the sanction of the Treasury, to remove the officers under him at the moment, without any word being said. He thought it would have been better if, instead of using the words "the Secretary may appoint," the phrase simply were "the Crown may appoint." He would not have made this suggestion, if he had not had some conference with gentlemen whose opinion was worth something on the subject, and who before now had taken a leading part in the matter. He did not wish to move an Amendment at present; but, threw out the suggestion, in the hope that, before Report was brought forward, Government would give him an assurance that it would not be necessary to do so. He believed his suggestion would carry out the object of the Government and remove any dubiety on the point.

THE EARL OF DALHOUSIE

said, that the clause was worded strictly in accordance with precedents, and was very similar to that in the Bill relating to the Local Government Board for England. He might say that the Assistant Secretary was never appointed by the Crown, but by the Head of the Department.

Clause agreed to.

Clause 3 (Secretary may sit in Parliament, 30 amp; 31 Vict. c. 102 (England), 31 amp; 32 Vict. c. 48 (Scotland), 31 amp; 32 Vict. c. 49 (Ireland); and Clause 4 (Seal, style, and acts of the Secretary) severally agreed to.

Clause 5 (Powers and duties of the Secretary).

THE EARL OF ROSEBERY

, in rising to move an Amendment, to leave out from the second paragraph the following words:— Other than offices and appointments pertaining to law and justice, said, he ventured to think it was a great mistake to omit from this new Office, if it was to be a substantial Office, the power of making appointments relating to law and justice in Scotland. His reasons were these—the present appointment to offices pertaining to law and justice was vested in the Secretary of State for the Home Department, and it seemed to him it should now pass to the new Department under the same conditions as other business which was passing from the Home Department to the new Scottish Department; and he would further say, with regard to all that business, that, wherever it was possible, the endeavour of the House and the Government should be to put the new Scottish Secretary, relatively to Scotland, in as nearly as possible the same position as the Secretary of State for the Home Department had hitherto stood to that country. He did not think it would be a good thing for the Secretary of State to continue his relations with Scotland purely through the connection of patronage. If this Bill was to pass, the sole relation of the Secretary of State to Scotland would be purely the recommendation of the grace of the Crown to persons under capital sentence; then he would have anatomy and vivisection and the exercise of the legal patronage of Scotland. He did not see I the slightest connection between anatomy and vivisection and the right to pardon persons under capital sentence, and the exercise of the legal patronage of Scotland. It seemed to him that it would be more desirable, more logical, and more satisfactory in every way, both as regarded the new Scottish Secretary and as regarded the Secretary of State himself, if this connection were entirely cut off, and the new Secretary were placed in the same position as the Secretary of State in regard to this question. In regard to the question, another reason he would venture to urge was that he thought the great danger this office laboured under, and the great apprehension he had respecting it, was that it would not have sufficient weight and sufficient strength imparted to it by the Government; and it was for that reason he brought forward this proposition, and that he should support any proposition the object of which was to extend the weight and the influence of this new official. It was quite certain, if this new Minister was to start his Office under discouraging conditions, his Office would be a failure; and he ventured to say nothing could more contribute to that result than the fact that the whole of the patronage of Scotland— which, in fact, was mainly legal and judicial—should be outside the scope of the new Minister's Office. While the Minister might perform his duties as well as it was possible to do, those who wished for the reward of public service would be looking, not to him, but to an official in London. That was not the case in Ireland, where similar conditions of local administration prevailed; and, therefore, he thought if they were to give a fair start to this Office, and not make it a mere paper Office, they would have to do something in the way he had indicated. One word as to the position of the Lord Advocate. Under this Amendment that position would be distinctly what it had always been, except that his guidance, and advice, and recommendation—always powerful, and necessarily sometimes absolute— would be given to the new Secretary, and not to the Secretary of State. There was a widely-spread impression that the Lord Advocate exercised the legal and judicial patronage of Scotland; but that was not so. It had always remained in the hands of the Secretary of State for the Home Department, and it had never been a theory of the Constitution that the Lord Advocate, who was a practising barrister, should appoint the Judges before whom he practised. From the Judges of the Supreme Court down to the macers who walked before the Judges, the whole of that patronage was in the hands of the Secretary of State; and though he quite admitted that the Secretary of State must be under the guidance of the Lord Advocate in circumstances of this kind, all he wished was that the lay person guided by the Lord Advocate should be, not the Secretary of State, but the new Scottish Minister. Another advantage connected with his Amendment was that it would associate the Lord Advocate more closely with the new Office than he would otherwise have been. He thought the position of the Lord Advocate, if care were not taken by the Government, would resemble Mahomet's coffin— suspended between heaven and earth. He would not know exactly whether his principal relations were with the Secretary of State for the Home Department, to whom he paid £60 a-year for lodging at the Home Office; or whether they were to be with the administrator of the rest of Scottish business, and closely connected with that official. If they wanted to make Scottish administration homogeneous, if they were to give it proper scope and a wide basis, they would have to link the Lord Advocate and the new official as closely as possible together, and. dissociate the Lord Advocate as much as possible from the Secretary of State for the Home Department. These were the reasons he would give at present in support of his Amendment, and he ventured to hope their Lordships would take a wide view of the whole subject, and be inclined to give their assent to that Amendment.

Amendment moved, in page 2, line 16, leave out from ("State") to the end of the sub-section.—(The Earl of Rosebery.)

THE EARL OF DALHOUSIE

said, the Amendment of his noble Friend (the Earl of Rosebery) was an important one, though he was sorry to have to say Her Majesty's Government could not now accept it; but what view the House might take on the matter would, of course, naturally have great weight with the Government. His noble Friend said the Bill was more likely to fail from not being big enough than from any other cause. That might be true. The question as to what length the Government would go in this Bill had been under consideration for a very long time, and the Amendment of his noble Friend went to the very root of the scheme of the Bill; because under the Bill it had always been intended that the Secretary of State for the Home Department should remain as he was now, the head of the Department of Justice in Scotland. To that Department was retained the Prerogative of mercy; for, in the opinion of the Government, the Prerogative of mercy ought not to be exercised by an official less in rank than a Secretary of State.

THE EARL OF ROSEBERY

My Amendment has nothing to do with the Prerogative of mercy.

THE EARL OF DALHOUSIE

said, that to the head of the Department of Justice the exercise of the Prerogative of mercy naturally belonged; and by the noble Earl's Amendment the Secretary for Scotland would become the head of the Department of Justice.

THE MARQUESS OF SALISBURY

Do I understand the noble Earl opposite (the Earl of Dalhousie) to say the Secretary of State exercises the Prerogative of mercy? That is quite new to me.

THE EARL OF DALHOUSIE

said, the Crown, upon the advice of the Secretary of State, exercised that Prerogative, which came practically to the same thing. The Secretary of State, in exercising the legal patronage for Scotland, depended for advice from the Lord Advocate. It had always been the custom that the Secretary of State for the Home Department consulted the Lord Advocate in making any appointment of that kind that was to be made, and it was only natural that he should do so, considering that the Lord Advocate knew more about the legal luminaries of Scotland than any other person; but to hand over the appointment of Judges to the Secretary for Scotland would be, in the opinion of the Government, to detract from the dignity of the Lord Advocate, because the Lord Advocate, though he had no absolute right now of being consulted by the Secretary of State, still it had always been the custom that he should be consulted; and he might almost say that he had acquired a customary right to be consulted; while in the new Department which the Bill constructed there would be no provision in it which would compel the new Secretary to consult the Lord Advocate, and there could be no custom which would insure that the Lord Advocate should be consulted. Consequently, the dignity of the Lord Advocate would suffer if the Amendment were carried. He did not think his noble Friend (the Earl of Rosebery) was quite correct in what he stated as to Ireland. He (the Earl of Dalhousie) believed the judicial appointments in Ireland were not made by the Viceroy, but by the Crown, or the Prime Minister, acting on the advice of the Viceroy. However that might be, the reason the Government could not accept the Amendment was because it involved a very considerable enlargement of the Bill. They constructed their Bill keeping in view certain landmarks, if he might so speak, and they were without any evidence of Scottish opinion in favour of the enlargement proposed.

THE MARQUESS OF HUNTLY

said, he did not think the noble Earl (the Earl of Dalhousie) quite understood the effect of the Amendment of his noble Friend (the Earl of Rosebery). He (the Marquess of Huntly) certainly did not understand that its effect would be to take away or derogate from the power or duties of the Lord Advocate. It would simply transfer his power of recommendation from the Secretary of State to the new Secretary, allowing the Lord Advocate to remain in the same position that he was in before. He should support the Amendment.

THE MARQUESS OF LOTHIAN

said, he was sorry that he was not able to be present at the second reading of the Bill; but he would take this, the first opportunity he had of expressing his acknowledgments to the Government for acceding to the general opinion of the Scottish people by the introduction of this measure. He confessed, however, that he was very much disappointed, both with the character of the measure itself, and with the reply of the noble Earl representing the Government (the Earl of Dalhousie) to this Amendment. This Amendment seemed to him to touch the whole root of the matter. Unless the new Office was really an efficient one, it would not meet the wishes of the people of Scotland, and it would become an object of ridicule more than anything else. The answer of the Government to the Amendment was simply that the Office of the new Secretary for Scotland would not be of sufficient importance to justify its carrying with it judicial patronage. Brit if the Government consented to the creation of a Secretary for Scotland at all, surely he was the proper person to exercise that patronage. The Government had brought forward this measure, not because they themselves thought it necessary or desirable, and he complained that they did not throw their whole heart into the matter. He preferred to have no Bill at all rather than a Bill creating an official under the dignified appellation of the Secretary for Scotland, whom they declined to invest with all the functions which seemed appropriate to such a position, while, at the same time, hedging it round with restrictions that would make the Office ridiculous. He wished simply to express his disappointment with the Bill as it stood. He agreed with every word that had fallen from the noble Earl opposite who had moved the Amendment, and he would certainly support him.

THE EARL OF CAMPERDOWN

said, he regretted very much that the officer to be appointed under the Bill would not be a Secretary of State; but under the circumstances, as the Bill in its present form had been accepted as a sort of instalment, and as he thought the reasons were distinctly in favour of the Amendment, he would support it.

LORD BALFOUR

said, he ventured to think that they should not, at a moment's notice, so largely extend the scope of the Bill as to include so important a matter as advising Her Majesty as to the Prerogative of mercy.

THE EARL OF ROSEBERY

There is no question whatever of the Prerogative of mercy.

LORD BALFOUR

said, he must apologive to the noble Earl for having misunderstood him. He regretted that Notice of the Amendment was not given a little sooner, in order that they might have had more time to consider it. He never heard it suggested that this particular function should be entrusted to the new Secretary, until he saw the Petition presented to that effect in their Lordships' House, and until he saw the Amendment on the Paper that afternoon. He should be largely guided in his vote by the opinion of the noble and learned Lord on the Front Bench below the Gangway (Lord Watson), because he had held high Office in Scotland, and knew what would be the effect of this Amendment if carried.

THE EARL OF ABERDEEN

said, he had been intrusted to present a Petition which emanated from a body who were entitled to speak with some weight— namely, the Convention of Royal Burghs of Scotland. That Petition strongly urged that an Amendment in the sense of that proposed by his noble Friend (the Earl of Rosebery) should be inserted in the Bill. He quite sympathized with his noble Friend opposite (Lord Balfour) that they were asked to decide this question on somewhat short Notice; but, as his noble Relative was intimately acquainted with Scottish affairs, he could not hare much doubt as to the reception which this Amendment would meet with in Scotland. He was reminded of an interesting incident. On one occasion during the Administration of Lord Melbourne, a deputation waited upon him and urged the abolition of the church rates. Lord Melbourne listened attentively to the views of the deputation for some time, and then asked them if they were prepared to say that they had the country with them in their views? The deputation replied that they had not. Then Lord Melbourne asked them if they had a majority of the people with them? The deputation admitted that they were not prepared even to say that. Lord Melbourne then advised them to go home; but he had no difficulty in assuring them that, if they returned with the support of the country behind them, no Government could refuse them what they asked. This was not a new question in Scotland; but recently the demand and desire had taken form and shape, and had assumed a fresh intensity. He admitted that the Government could refuse such extensions in the Bill as were now asked for; but he hardly thought they would, if they considered the large extent to which the country was looking for a practical measure.

THE LORD CHANCELLOR

said, there were some considerations connected with the Amendment which it was well for their Lordships to keep in view. He did not know whether the Amendment was meant to extend to the highest judicial offices. If that was the intention, he was not sure that the words of the Amendment would cover such appointments. The highest judicial offices were in the direct appointment and patronage of the Crown, and the Crown made the appointments on the advice of a responsible Minister. There might be strong reasons for saying that some of the minor offices, such as officers of ceremony who walked before the Judges, might not require the intervention of the Secretary of State; and it might be a matter deserving of consideration whether the new Secretary for Scotland might not be intrusted with some of those minor appointments. But if it was really intended that the new Secretary should be the person to advise the Crown as to the highest judicial appointments in Scotland, he did not think noble Lords connected with that country would be prepared to contend that offices of that immense importance should be filled in Scotland in a different manner to that in which they were filled in other parts of the United Kingdom. In England, all these higher judicial offices were filled by the Crown on the recommendation either of the Prime Minister or of the holder of the Great Seal. In Ireland, these appointments were made by the Crown on the recommendation of the Lord Lieutenant and the Prime Minister. Now, if it was intended by the Amendment to include these high judicial offices, he could quite conceive that the arguments of the noble Lord might be sound, if the Secretary for Scotland was always to be a Minister of Cabinet rank. There would be no disparagement to the dignity of these great judicial offices in Scotland if a Minister of Cabinet rank recommended such appointments to the Crown; but he did not think those high offices should be in the gift of any subordinate Department, the head of which was below Cabinet rank. He could not but fear that, after some experience, complaints would arise in Scotland if the great judicial appointments of that country were made by a Department of the Government, the head of which was of decidedly inferior rank to those Ministers who advised the Crown in regard to the highest judicial appointments in other parts of the United Kingdom. He thought, however, it might be further considered whether there were any minor legal appointments which might well be intrusted to the new Secretary, without absolutely placing all judicial appointments in his hands; and, therefore, noble Lords might leave the matter over in order to give time for further consideration.

THE EARL OF WEMYSS

said, he believed the Office which it was proposed to create was wholly unnecessary for the proper conduct of Scottish Business. He could quite understand that it was necessary to have a Cabinet Minister who should give his attention to Scottish Business; but he believed the measure, as it now stood, was wholly unnecessary, as it would not expedite Scottish Business; and, moreover, the less they gave a supernumerary to do the better.

LORD BALFOUR

said, the Bill of last year had been condemned over and over again in Scotland as an unworkable and unsatisfactory measure. In speaking on that Bill last year, he did not say a syllable against its principle; but he only complained of the time at which it was brought forward. He did not think, therefore, that any noble Lord should saddle a charge of inconsistency upon him.

THE EARL OF ROSEBERY

said, he welcomed the speech of the noble and learned Earl (the Lord Chancellor), as it was the first time he had thought it necessary to address their Lordships on this subject. The noble and learned Earl said he was not sure that the Amendment would include the highest judicial offices. His (the Earl of Rosebery's) answer to that was, that he was quite satisfied to take the Amendment as it stood, and to chance the highest judicial offices being included in the Bill. If they were not included in the Amendment, they would very shortly follow its adoption. He was somewhat surprised at the remark of the noble and learned Earl that the people of Scotland would not put confidence in Judges who were not appointed by a Minister of Cabinet rank; but that argument came with strange force from the noble and learned Earl, who had expressed his high appreciation of the judicial qualities of the Judges in Scotland. He was inclined to think, if the new Secretary was not to be a man of straw—if, on the contrary, he was to be a man of worth— that, under the guidance of the Lord Advocate, he would have just as good opportunities of recommending fit persons to hold the highest judicial offices in Scotland as a Cabinet Minister who might not have the slightest possible acquaintance with Scottish affairs. He was not one of those who wished for a Secretary of State for Scotland; but he wished for a substantial Minister for Scotland, and for that reason he should ask their Lordships to divide on the Amendment.

THE LORD CHANCELLOR

said, that, with regard to the observations of his noble Friend (the Earl of Rosebery), he wished to say that he had, not only upon all occasions on which he had an opportunity since he filled his present Office, expressed his very strong sense of the eminent services rendered by the Judges in Scotland, and of the admirable manner in which they administered the excellent system of law in Scotland, but for many years before he filled any judicial position, having had much experience at the Bar of their Lordships' House in the argument of Scotch cases, he had uniformly formed and expressed the same opinion as to the high judicial qualities of Scotch Judges.

THE MARQUESS OF SALISBURY

said, he desired to explain the vote he was going to give. He gathered from the discussion that had taken place that it was evidently the general wish of the people of Scotland that the new Secretary should be a man of some importance; while it was equally evident that the Government, in deciding upon the subject, would not comply with that desire. The way to get such an Officer was to give him considerable functions to perform, and the only way to secure that the appointment should be exercised with judgment, was to confer upon him such functions as would make the position an object of desire to the able men who would compete for it. The arguments upon the question itself were very nearly balanced on the subject; and, therefore, the consideration that it was desirable, ceteris paribus, to confer as much power and dignity on this Office as they conveniently could, would induce him to vote for the Amendment.

THE EARL OF DALHOUSIE

said, that, considering the tone of the debate, and the united opinion of all Peers coming from Scotland and of the noble Marquess opposite (the Marquess of Salisbury), the Government, although not accepting the Amendment of his noble Friend (the Earl of Rosebery), would not put the House to the trouble of a Division.

Amendment agreed to.

Clause agreed to.

Clause 6 (Reservation of rights of Lord Advocate).

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