§ Considered in Committee.
§ (In the Committee.)
§ Clause 9:—
§ MR. LOUGH (Islington, W.)On behalf of my honourable friend the Member for Huddersfield (Sir James Wood-house) I beg to move the Amendment standing on the Paper in his name.
§
Amendment proposed, in page 6, line 30, at end, to add—
A borough council appointing under this Act any Committee, may from time to time make, vary, and revoke regulations respecting the quorum and proceedings of such Committee; and, subject to such regulations, the proceedings and quorum shall be such as the Committee may from time to time direct, and the chairman at any meeting of the Committee shall have a second or casting vote."—(Mr. Lough.)
Question proposed—
That those words be there added.
§ MR. STUART (Shoreditch, Hoxton)said the object of this Amendment was to make the procedure as to Committees the same as that of the County Councils Act of 1888, which regulated the proceedings of Committees in absolutely the same words as those which were now proposed.
§ THE SOLICITOR-GENERAL (Sir R. B. FINLAY, Inverness Burghs)said his impression was that this provision 609 was not really wanted, because the Councils already possessed such power, but if on further inquiry they found that this was not so, the point would be considered and, if necessary, such provision would be included in the Bill.
§ MR. SYDNEY BUXTON (Tower Hamlets, Poplar)thought the undertaking given by the Solicitor-General was really all that they required.
§ MR. WHITMORE (Chelsea) moved an Amendment, providing that the future committee under the borough councils should have power to levy the full amount which they had been able to levy before. He said it might be objected that a committee ought not to have automatic power of its own to levy a rate, and he did not wish to press the Amendment in its present form. The right honourable Gentleman the Member for the Forest of Dean, had also put down an amendment to a later clause which might carry out this object, and therefore he did not wish to press this Amendment on the Committee if it was proposed to deal with the matter at a later stage. He begged leave to move his Amendment.
§
Amendment proposed, in page 6, line 30, at end to add—
except that a Committee appointed for the purposes of the Libraries Acts, 1892 and 1893, may spend in any year a sum equal to the amount which would he produced in that year by the maximum rate winch, at the passing of this Act, could be levied in the district for which the Committee acts."—(Mr. Whitmore.)
Question proposed—
That those words he there inserted.
§ THE FIRST LORD OF THE TREASURY (Mr. A. J. BALFOUR, Manchester, E.)I quite agree that this is a matter which ought not to be lost sight of by the Committee, but as the honourable Member indicated in his speech, the matter will be dealt with at a later stage. The power proposed to be given to these library committees to raise rates up to Id. in the £ without the control of the governing body, is much too extreme, and the subject can be dealt 610 with on Clause 15, which offers a better opportunity for its discussion.
§ * SIR CHARLES DILKE (Gloucester, Forest of Dean)agreed that the object of this Amendment could be better attained on Clause 15.
§ Amendment by leave withdrawn.
§ MR. PICKERSGILL (Bethnal Green, S.W.)said that a special Act was introduced not very long ago in order to enable certain Scotch counties to exercise similar powers to those contained in the Amendment which he was now proposing. He also wished it to be within the power of the borough council to have the power to co-operate with neighbouring boards of guardians to appoint joint committees to deal with matters in which they were jointly interested. The desirability of such power being granted was especially impressed upon his mind upon occasions when distress existed in the metropolis, and when it had been found necessary to provide some means of giving employment to those who would otherwise have remained unemployed. It had been found that the Boards of Guardians were not exactly the authorities best qualified to set men to work, for they had not the necessary machinery, whereas it had been found that the neighbouring vestry might very well carry out the object which was desired by a mere extension of the existing system. In those circumstances, he thought it would be very convenient to give the power which was sought by his Amendment, which be begged to move.
§
Amendment proposed, in page 6, after line 30, to add the words—
Any two or more Borough Councils, or any Borough Council or Councils, and any Board or Boards of Guardians in the metropolis, may from time to time concur in appointing out of their respective bodies a joint committee for any purpose in respect of which they are jointly interested, and may confer on any such committee any power which the appointing Council or Board might exercise for the purpose for which the committee is appointed."—(Mr. Pickersgill.)
§
Question proposed —
That those words be there added.
§ MR. A. J. BALFOURI sympathise with the object which the honourable Gentleman has in view, but I do not think the words he proposes will do, 611 partly because they introduce the Poor Law authorities, which I do not think should be included in this Bill. The honourable Member has probably in his mind the section of the Act of 1894 which dealt, in the case of the parish councils, with an analogous problem with which he tries to deal here. The question was then thoroughly threshed out, and I would suggest that he should move it in that form. If he will do so, I shall be able to accept it. It would be in the following form:—
Section 57 of the Local Government Act of 1894, which relates to joint committees, shall apply to Borough Councils as if they were District Councils.
§ MR. PICKERSGILLsaid he was much obliged to the right honourable Gentleman for his offer, but he could not accept his suggestion. In moving this Amendment, what he was really anxious for was power to bring in the boards of guardians to enable them to co-operate with the neighbouring council in times of distress. That was his main object, and he did not see how he could accept the right honourable Gentleman's suggestion unless he would incorporate what he had suggested with regard to boards of guardians.
§ MR. A. J. BALFOUREven if such an Amendment is in order, I think it really goes outside the scope of the Bill in spirit, if not in form.
§ MR. STUARTthought the proposal of his honourable friend was a very valuable provision, the necessity for which occurred at the time of very hard frosts, when the co-operation of the vestries and boards of guardians had been urgently desired by persons interested in philanthropic movements.
§ MR. BARTLEY (Islington, N.)asked the right honourable Gentleman to bring up the clause he had suggested upon the Report stage.
§ MR. LOUGHthought the right honourable Gentleman would readily admit that both the guardians and the borough councils dealt very frequently with the same areas. Without pressing the matter too far, he thought everyone would feel that there were occasions on which these two bodies impinged a little on one another's duties. The proposal was that 612 the two should be empowered to appoint a joint committee. There was a great deal of work which was common to the two bodies, and he should be glad to hear from the right honourable Gentleman whether the Government would recognise this principle at the present stage.
§ SIR J. BLUNDELL MAPLE (Camberwell, Dulwich)asked if they might take it that the Government would propose the clause which had been suggested by the First Lord of the Treasury. He did not think that it was desirable that they should interfere with the boards of guardians at ail in this Bill.
§ MR. A. J. BALFOURThe arguments of honourable Gentlemen opposite have not altered my view upon this matter, which is, that we must leave to the boards of guardians the whole responsibility in connection with the administration of the Poor Law. I do not think any exception should be made, and I rather imagine that in certain exceptional cases those honourable Gentlemen who are anxious to see this change might confer informally with the local authority, and co-operate with them in some way not distinctly specified to give relief. I think, however, that the whole responsibility should rest with the boards of guardians, and I should be sorry to see any such change introduced into this Bill as that suggested by the honourable Member in his Amendment.
§ MR. STUARTdesired to point out that the Amendment did not necessitate the handing over of the powers of the guardians to the local councils, which only arose when the vestry endeavoured to give employment to the unemployed. There was a difficulty in discriminating between the really genuine unemployed person and the loafer, and it was only by co-operation with the guardians that a movement of this kind could work satisfactorily. This proposal was to meet a specific case, and there was no desire to take over any powers out of the hands of the guardians and transfer them to the council, which was a matter upon which there would be a great difference of opinion on both sides of the House.
§ MR. PICKERSGILLsaid he desired now to take the judgment of the Committee upon the question.
§ MR COURTNEY (Cornwall, Bodmin)thought that the object desired by the honourable Gentleman opposite was one of considerable value, and he thought it might be met by enabling a committee of the council to be appointed with power to add to their number. Although he did not think it was advisable to bring in outside members, he thought that in this particular case it might be appropriate to
§ give the council power to co-opt two or three of the best known members of the board of guardians in that particular district.
§ Question put.
§ The Committee divided:—Ayes, 94; Noes, 162. (Division List No. 144.)
615AYES. | ||
Allan, William (Gateshead) | Gourley, Sir Edward Temperley | Palmer, SirCharles M. (Durham |
Asquith, Rt. Hon. Herbert Hy. | Grey, Sir Edward (Berwick) | Palmer, George W. (Reading) |
Austin, Sir. John (Yorkshire) | Gurdon, Sir William Brampton | Paulton, James Mellor |
Austin, M. (Limerick, W.) | Hedderwick. Thos. Charles H. | Pease, Alfred E. (Cleveland) |
Baker, Sir John | Hemphill, Rt. Hon. Charles H. | Pease, Joseph A. (Northum.) |
Beaumont, Went worth C. B. | Holland, Wm. H. (York, W. R.) | Pease, Sir Joseph W. (Durham) |
Billson, Alfred | Horniman, Frederick John | Pirie, Duncan V. |
Bryce, Rt. Hon. James | Humphreys-Owen, Arthur C. | Reckitt, Harold James |
Buchanan, Thomas Ryburn | Hutton, Alfred E. (Morley) | Rickett, J. Compton |
Burt, Thomas | Jacoby, James Alfred | Robson, William Snowdon |
Buxton, Sydney Charles | Joicey, Sir James | Schwann, Charles E. |
Caldwell James | Jones, David Brynmor (Sw'nsea | Sinclair, Capt. J. (Forfarshire |
Cameron, Sir Cnavies (Glasgow | Jones, William (Carnarvon) | Smith, Samuel (Flint) |
Campbell-Bannerman, Sir H. | Kay-Shuttle w'th,Rt.Hn. Sir U. | Stevenson, Francis S. |
Causton, Richard Knight | Kitson, Sir James | Sullivan, Donal (Westmeath) |
Colville, John | Lambert, George | Thomas, Alfred (Glamorgan, E.) |
Crombie, John William | Lawson, Sir Wilfrid (Cum'land | Thomas,David Alfd. (Merthyr) |
Curran, Thomas (Sligo, S.) | Leese,SirJosephF. (Accrington | Trevelyan, Charles Philips |
Daly, James | Leng, Sir John | Ure, Alexander |
Dalziel, James Henry | Lewis, John Herbert | Wallace, Robert (Edinburgh) |
Davies, M. Vaughan-(Cardigan | Lough, Thomas | Walton, Joseph (Barnsley) |
Davitt, Michael | M acaleese, Daniel | Warner, Thomas. CourtenayT. |
Dilke, Rt, Hon. Sir Charles | M. Arthur, William (Cornwall | Weir, James Galloway |
Dillon, John | M'Kenna, Reginald | Whittaker, Thomas Palmer |
Donelan, Captain A. | M'Leod, John | Williams JohnCarvell (Notts. |
Doogan, P. C. | Mappin, Sir Frederick Thorpe | Wilson, John (Durham, Mid) |
Fenwick, Charles | Morgan, J. Lloyd (Carmarthen | Woodall, William |
Ferguson, R. C. Munro(Leith) | Norton, Capt. Cecil William | Yoxall, James Henry |
Fitzmauriee, Lord Edmond | Nussey, Thomas Willans | |
Foster, Sir Walter (Derby Co.) | O'Brien, James F. X. (Cork) | TELLERS FOR THE AYES— |
Gladstone, Rt. Hn. Herbert J. | O'Connor, James(Wieklow, W. | Mr. Piekersgill and Mr. James Stuart. |
Goddard, Daniel Ford | O'Connor, T. P. (Liverpool) | |
Gold Charles | Oldroyd, Mark | |
NOES. | ||
Acland-Hood Capt. Sir Alex F. | Blakiston-Honston, John | Curzon, Viscount |
Aird, John | Boalnois, Edmund | Dalbiae, Colonel Philip Hugh |
Allsopp, Hon. George | Bowles, T. Gibson (Lynn Regis) | Denny, Colonel |
Arnold, Alfred | Brodrick, Rt. Hon. St. John | Dickson-Povnder, Sir John P. |
Ascroft, Robert | Bullard, Sir Harry | Douglas, Rt. Hon. A. Akers- |
Atkinson, Rt. Hon. John | Campbell, Rt. Hn.J. A. (Glasg'w | Doxford, William Theodore |
Bagot, Capt. Josceline Fitzroy | Carlile, William Walter | Egerton, Hon. A. de Tatton |
Baillie, James E.B.(Inverness) | Cecil, Evelyn (He tford, East) | Elliot, Hon. A. Ralph Douglas |
Baird, John George Alexander | Chamberlain, Rt. Hn.J.(Birm. | Fardell, Sir T. George |
Balcarres, Lord | Chamberlain, J. Austen (Wore | Fellowes, Hon. Ailwyn Edward |
Baldwin, Alfred | Chaplin, Rt. Hon Henry | Finlay, Sir Robert Bannatyne |
Balfour, Rt. Hn. A. J.(Monch'r | Chelsea, Viscount | Fisher, William Hayes |
Balfour, Rt Hn Gerald W.(Leeds | Coghill, Douglas Harry | Flannery, Sir Fortescue |
Barnes, Frederic Gorell | Cohen, Benjamin Louis | Folkestone, Viscount |
Barry, Rt. Hon. A. H. Smith- | Collings, Rt. Hon. Jesse | Fry, Lewis |
Bartley, George C.T. [Hunts | Colston, Chas. Edw. H. Athole | Gibbs Hn. A.G.H.(City of Lond. |
Barton, Dunbar Plunket | Corbett, A. Cameron (Glasgow) | Giles, Charles Tyirell |
Beach, Rt. Hn. Sir M.H. (Bristol | Courtney, Rt. Hn. Leonard H. | Gilliat, John Saunders |
Beresford, Lorn Charles | Cox, Irwin Edw. B. (Harrow) | Gorst, Rt. Hon. Sir John Eldon |
Bethell, Commander | Cripps, Charles Alfred | Goulding, Edward Alfred |
Bhownaggree, Sir M. M. | Cross, Alexander (Glasgow) | Gunter, Colonel |
Biddulph, Michael | Cross, Herb. Shepherd (Bolton) | Halsey, Thomas Frederick |
Bill, Charles | Cruddas, William Donaldson | Hamilton, Rt. Hn. Lord George |
Hanbury, Rt. Hn. Robert Wm. | M'Calmont, H. L. B.(Cambs. | Sidebottom, William(Derbysh. |
Haslett, Sir James Horner | M'Iver, Sir Lewis (Edinb'gh, W. | Simeon, Sir Barrington |
Heaton, John Henniker | Malcolm, Ian | Smith, Hon. W. F. D. (Strand) |
Helder, Augustus | Maple, Sir John Blundell | Stanley, Edward J. (Somerset) |
Hill, Rt. Hn. A. Stavelev (Staffs, | Marks, Henry Hananel | Stanley, Henry M. |
Hill, Arthur (Down, W.) | Middlemore, J. Throgmorton | Stanley, Lord (Lancs.) |
Hoare, Ed. Brodie (Hampstead) | Milbank, Sir Powlett Chas. J. | Stephens, Henry Charles |
Hoare, Samuel (Norwich) | Milton, Viscount | Stewart, Sir Mark J. M'Taggart |
Holland, Hon. Lionel R. (Bow) | Milward, Colonel Victor | Talbot, Lord E. (Chichester) |
Hornby, Sir William Henry | Moore, William (Antrim, N.) | Talbot, Rt. Hn. J.G.(Oxf'd Univ |
Howell, William Tudor | Morrison, Walter | Thorburn, Walter |
Hozier, Hon. James Henry Cecil | Morton, Arthur H.A. (Deptf'rd | Thornton, Percy M. |
Hughes, Colonel Edwin | Murray, Rt Hn A Graham (Bute | Tomlinson, Wm. Edw. Murray |
Hutton, John (Yorks, N. R.) | Murray, Charles J. (Coventry) | Tritton, Charles Ernest |
Jenkins, Sir John Jones | Murray, Col. Wyndham(Bath) | Wanklyn, James Leslie |
Jessel, Captain Herbt. Merton | Newark, Viscount | Warr, Augustus Frederick |
Johnston, William (Belfast) | Nicol, Donald Ninian | Webster, R. G. (St. Pancras) |
Johnstone, Hey wood (Sussex) | Orr-Ewing, Charles Lindsay | Webster, Sir R. E. (IsleofWight |
Kimber, Henry | Percy, Earl | Welby, Lieut.-Col. A. C. E. |
Knowles, Lees | Priestley, Sir W. Overend (Edin. | Whiteley, George (Stockport) |
Lawrence, Sir E. Duming-(Corn | Purvis, Robert | Whitmore, Charles Algernon |
Lawson, John Grant (Yorks.) | Pym, C. Guy | Williams, JosephPowell-(Birm |
Leighton, Stanley | Rankin, Sir James | Wilson-Todd, Wm. H.(Yorks) |
Loder, Gerald Walter Erskine | Rasch, Major Frederic Carne | Wodehouse, Rt Hon E.R.(Bath |
Long, Col. C. W. (Evesham) | Rentoul, James Alexander | Wolff, Gustav Wilhelm |
Long, Rt. Hn. Walter (Liverpool | Ritchie, Rt. Hn. Chas. Thomson | Wortley, Rt. Hon. C. B. Stuart- |
Lowther, Rt. Hn. James (Kent) | Robertson, Herbert (Hackney) | Wyndham, George |
Loyd, Archie Kirkman | Russell, T. W. (Tyrone) | Wyville, Marmaduke D'Arcy |
Lubbock, Rt. Hon. Sir John | Samuel, Harry S. (Limehouse) | Yerburgh, Robert Armstrong |
Lucas-Shadwell, William | Scoble, Sir Andrew Richard | TELLERS FOR THE NOES— |
Macdona, John Cumming | Seely, Charles Hilton | Sir William Walrond and Mr. Anstruther. |
Maclean, James Mackenzie | Sharpe, William Edward T. |
§
Amendment proposed, in page 6, after line 30, to add
Section 57 of the Local Government Act' 1894, which relates to joint committees, shall apply to borough councils as if they were district councils."—(Mr. A. J. Balfour.)
§
Question proposed—
That those words be there inserted.
§ MR. PICKERSGILLcontended that, his Amendment having been defeated, the proposal now made by the Government was out of order.
* THE CHAIRMANThere is a substantial difference between the two motions, and this proposal is quite in order.
§ Amendment agreed to.
§ Clause, as amended, agreed to.
§ Clause 10:—
§ An Amendment made.
§ MR. R. G. WEBSTER (St. Pancras, E.)said that on behalf of the honourable Member for Westminster, who was not in 616 his place, he desired to move the Amendment on the Paper. This was not a general rate, and he thought it would be better to call it the borough rate, for the term "general" was too restricted. Upon those grounds he moved this Amendment.
§
Amendment proposed, in Clause 10, page 6, line 33,—
To leave out 'the general,' and insert 'a rate to be called the borough.'"—(Mr. R. G. Webster.)
§
Question proposed—
That the words 'the general' stand part of the clause.
§ MR. A. J. BALFOURAs my honourable and learned friend has observed, this is simply a verbal Amendment, but I think the words of the Bill are more accurate than the words proposed in the Amendment, because the rate referred to is really not a borough rate, and therefore the word "general" is more accurate.
§ Amendment, by leave, withdrawn.
§
MR. LOUGH moved to omit from Sub-Section 1, in line 35, the following words:—
But shall make provision for protecting the interests of the occupiers of any heredita-
617
ment which is exempt from any rate or liable to he assessed thereto at a less amount than the occupiers of other hereditaments.
He thought that this was a very large power to give to those who might be responsible under this Act. There were a great many anomalies in London at present with regard to rating, and surely the opportunity afforded by this Bill was a good opportunity to remedy them by Act of Parliament.
§
Amendment proposed, in page 6, line 35—
To leave out the words from the word 'rate,' to the end of sub-section 1."—(Mr. Lough.)
Question proposed—
That the words 'but shall make provision for protecting the interests of' stand part of the clause.
§ MR. A. J. BALFOURThe honourable Gentleman expresses some doubt as to the intention of the four lines which he desires to omit. Surely that intention is quite clear. There are certain kinds of property which, for one reason or another, are exempted and founded upon statute with regard to part of the rates. We do not provide by this clause that those exemptions shall last in perpetuity, but we do provide in those four lines to which the honourable Gentleman objects that the interested occupier of those hereditaments shall be protected. I cannot imagine that the honourable Member seriously desires that those interests should not be protected, or that the privileges secured to these persons by Act of Parliament should be taken away by a single stroke of the pen without compensation.
§ MR. STUARTcontended that the words as they stood did not make sense, and were not grammar. They read as a compound of two original ideas, one of which was that the occupiers of any heriditament should be exempted, and the other that the owner of the hereditament itself should be assessed lower than other occupiers. There were two broad distinctions to he considered in connection with the rating of London. First of all there were in London certain occupiers who had been allowed to deduct the sewers rate from the rent, and he supposed they wanted to protect those occupiers. That was one protection which was needed. The occupier was 618 called upon for his rate, and he found he had to pay so much, and he had a statutory right to deduct a portion of that amount from the owner. Then they came to certain hereditaments, which when the assessment authority came to assess them, were to be assessed differently to the others, for it was provided that certain specified hereditaments were to continue to be exempt from the ordinary process of assessment, and consequently there were two interests to protect. It seemed to him that this matter was confused in the four lines before them, and if they meant the protection of the statutory right of the occupier to deduct a certain part of the rate from the owner, he thought that ought to be continued, but if it meant that certain specified hereditaments were to continue to be exempted from the ordinary process of assessment, then he thought they ought to be discontinued. He admitted that this did not affect a very large interest in London. There were some curious old Acts of Parliament which exempted certain houses from being assessed in the usual way, and those anomalies had continued under a state of things which had now very largely passed away, and he thought these cases ought to be reconsidered now. It was pretty clear that the sewers rate would under this Bill be thrown upon the occupier, and he would not be allowed to deduct it. There were two sewers rates—one charged by the County Council, and the other charged by the local authority. By a pure inadvertence, in the Act of 1888 the sewers rate levied by the County Council was thrown entirely on the occupier, who was thus deprived of his right to deduct it from the owner. The right honourable Gentleman the President of the Board of Trade had admitted this inadvertence, and he had promised to introduce a Bill to rectify that mistake. But owing to circumstances of greater moment they had not yet got that Bill, and unless they took care at the present stage, this Act would take away the same right with respect to the local sewers rate, which sometimes amounted to as much as 6d. in the £, which the occupier had at present the right to deduct very often by agreement with his landlord. In many long tenancies the occupier had this right, but it would be taken away from him by this proposal.
§ MR. A. J. BALFOURWill the honourable Member explain how he gets this right of deduction?
§ MR. STUARTpointed out that Sub-section 2 provided that—
After the appointed day the general rate and the poor rate shall be levied together as one rate, which shall be termed the general rate.He thought they would find that the sewers rate levied as it was now would be different under the Bill, and the occupier would be deprived of his right of deduction. He did not know whether the four lines referred to the retention of the statutable rights of certain existing occupiers to deduct certain rates, or whether they applied to the relief of certain hereditaments from special methods of assessment.
§ SIR R. B. FINLAYpointed out that there were certain hereditaments which enjoyed total or partial exemption from certain rates, such as the lighting and the sewers rates. It would be very wrong, without providing for compensation, to undo that partial exemption, and the intention of the words alluded to was to preserve the exemption from rates enjoyed by the occupiers of those hereditaments until some fair arrangement was made to give them an equivalent. It did not necessarily imply that those exemptions should continue in perpetuity. He agreed that there should be some uniformity of rating, but that should not be established by inflicting an injustice.
§ MR. CRIPPS (Gloucester, Stroud)said that he understood that, so far as the Bill was concerned, there was no proposal whatever to alter the incidence of rating. It appeared to him that the words which were proposed to be left out were essential to secure that, so far as the incidence of rating was concerned, the Bill should make no change at all.
§ MR. SYDNEY BUXTONthought that some Members of the House did not understand this clause. He understood from the explanation of the Solicitor-General that it might be looked upon only as a temporary exemption.
§ SIR R. B. FINLAYsaid that it was not necessarily temporary, for it would 620 be very desirable by a fair arrangement that it should be perpetual. The object of the words was to ensure that the exemption should not be done away with without provision being made.
§ MR. SYDNEY BUXTONsaw no objection to this, but it should be remembered in regard to these exemptions that when these matters were reconsidered it should be taken into account what compensation, if any, was to be paid to these people. The Leader of the House had spoken of them as being statutory exemptions, and therefore it would be very difficult to interfere with them. He understood, however, that in a number of cases they were not statutory, and there ought to be words inserted which would exclude them from the operation of this clause.
§ MR. PICKERSGILLsaid he quite agreed that unless injustice was to be done, the words of the sub-section were necessary. They would come within the ambit of the scheme, and it might be. possible to work out a system by which, ultimately, uniformity would be secured.
§ THE ATTORNEY - GENERAL (Sir RICHARD WEBSTER, Isle of Wight)said that, so far as he knew, with the exception of certain districts, all rating exemptions were statutory.
§ MR. LOUGHsaid the honourable Member for Poplar had suggested, and the Government had heartily accepted, his idea that his Amendment might be accepted here, and that on a later clause in the Bill an arrangement might be made for compensation. As the words now stood, he thought they went a great deal further than that. He would point out that hospitals and tithes in the City were exempt from rating, while outside of London they were not exempted. That was one of the grievances which those outside London interested in tithes complained of. They ought to take care to make an equal system in this clause, and if it was found to press hardly upon any particular person, let them introduce words into Clause 15 to provide compensation for anybody who was aggrieved. The object of his Amendment was that those exemptions and irregularities should be swept away, and if this clause was passed in its present form, such exemptions might continue for ever.
§ * SIR CHARLES DILKEsaid the Leader of the House had stated that all these exemptions rested upon statute, and the Attorney-General had just stated that in many districts the exemptions were not statutory.
§ SIR RICHARD WEBSTERsaid he stated they were statutory except in certain areas.
§ * SIR CHARLES DILKEsaid that there were a very considerable number of these areas outside London in which these exemptions had been put an end to, and the question was whether this opportunity should not be taken to put an end to them in London also.
§ * COLONEL HUGHES (Woolwich)said the words proposed to be omitted referred to different rates, and the question whether A had a right to deduct anything from B was not raised, and might be dealt with hereafter. The clause provided for all the expenses of the borough council being levied out of the general rate. Therefore it was necessary to put in something so that the existing rights would be preserved. If certain Acts required to be repealed, that should be done specifically, for this Bill had been brought in with the idea of not disturbing those rights.
§ MR. STUARTsaid he was extremely desirous of bringing this matter to a satisfactory conclusion. When they had secured a uniform rate, surely what they wanted to do, instead of putting in those four lines, was to state that all exemptions of a partial kind should hereafter cease, and then they could proceed to protect the interests of the present occupiers. It seemed to him that this clause was in the wrong place, and the word "occupier" was contrasted with "hereditament," and he did not know which was the real word. Really, they wanted to know what the sentence meant. Assuming that it meant the protection of the interests of the owners and occupiers of certain exempted hereditaments, the exemption in those
§ cases ought to cease, and along with it the protection of those concerned ought to take place.
§ MR. SYDNEY BUXTONsaid the point raised by his honourable friend behind him was worthy of the consideration of the Government. The Government agreed that these exemptions should be extinguished, and that where they were extinguished there should be compensation. He suggested to the right honourable Gentleman the introduction of some such words as these:—
Shall make provision for extinguishing the interests of the occupier, giving compensation where it, is desirable.
§ MR. A. J. BALFOURI quite agree that some alteration in the wording is necessary, as pointed out by the honourable Member for Hoxton, for it is not right to make "occupiers" balance "hereditaments," and we must make some verbal alteration. The honourable Gentleman does not differ from the Government in this respect, for he thinks that it should be made obligatory. He suggested that they might meet the object in view by making the clause read—
But shall make provision for protecting the interests of the owners and occupiers of any hereditament which is exempt from any rate or liable to be assessed thereto at a less amount than other hereditaments.That, I am aware, does not fully carry out the object of my honourable friend, but the difference is not very great, and I hope he will not require a Division.
§ MR. LOUGHthought he might be allowed to say that a hint in the direction of extinguishing these anomalies ought to be included. He did not wish to draw a hard-and-fast line, and he admitted that there might be some cases where extinction would press very hardly upon the occupier. The general impression was in favour of establishing a uniform system.
§ Question put.
§ The Committee divided:—Ayes, 207; Noes, 114—(Division List No. 145.)
623Barton, Dunbar Plunket | Giles, Charles Tyrrell | Morton, Arthur H. A. (Deptford |
Beach, Rt. Hn. Sir M. H. (Bristol | Gilliat, John Saunders | Murray, Rt Hn A Graham (Bute |
Beckett, Ernest William | Goldsworthy, Major General | Murra, Charles J. (Coventry |
Begg, Ferdinand Faithfull | Gordon, Hon. John Edward | Murray, Col.Wyndham (Bath) |
Beresford, Lord Charles | Gorst, Rt. Hon. Sir John Eldon | Newark, Viscount |
Bhownaggree, Sir M. M. | Goschen, Rt Hn GJ (St. George's | Nicol, Donald Ninian |
Biddulph, Michael | Goulding, Edward Alfred | Northcote, Hon. Sir H. Stafford |
Bill, Charles | Greene, W. Raymond-(Cambs. | Orr-Ewing, Charles Lindsay |
Blakiston-Houston, John | Gull, Sir Cameron | Pender, Sir James |
Boscawen, Arthur Griffith- | Gunter, Colonel | Pierpoint, Robert |
Boulnois, Edmund | Hall, Rt. Hon. Sir Charles | Powell, Sir Francis Sharp |
Bousfield, William Robert | Hamilton, Rt. Hon LordGeorge | Pretyman, Ernest George |
Bowles, Capt. H.F. (Middlesex) | Hanbury, Rt. Hon. Robert Wm. | Priestley, Sir W. Overend (Edin. |
Bowles. T. Gibson (Lynn Regis | Hanson, Sir Reginald | Purvis, Robert |
Brassey, Albert | Haslett, Sir James Horner | Pym, C. Guy |
Builard, Sir Harry | Heaton, John Henniker | Rankin, Sir James |
Campbell, Rt, Hn. J. A. (Glasg'w | Helder, Augustus | Rasch, Major Frederic Carne |
Carlile, William Walter | Henderson, Alexander | Rentoul, James Alexander |
Carson, Rt. Hon. Edward | Hermon-Hodge, RobertTrotter | Ritchie, Rt. Hn. Ch. Thomson |
Cavendish, R. F. (N. Lancs.) | Hoare, Ed. Brodie (Hampstead | Robertson, Herbert (Hackney) |
Cecil, Evelyn (Hertford, East) | Hoare, Samuel (Norwich) | Rollit, Sir Albert Kaye |
Cecil, Lord Hugh (Greenwich) | Holland, Hon. Lionel R. (Bow) | Royds, Clement Molyneux |
Chamberlain, Rt. Hon. J. (Birm. | Hornby, Sir William Henry | Russell, T. W. (Tyrone) |
Chamberlain, J, Austen (Worc'r | Houstn, R. P. | Samuel, Harry S. (Limehouse |
Chaplin, Rt. Hon. Henry | Howell, William Tudor | Saunderson, Rt. Hn. Col. Edw. J |
Charrington, Spencer | Hozier, Hon. James Henry Cecil | Scoble, Sir Andrew Richard |
Chelsea, Viscount | Hughes, Colonel Edwin | Sharpe, William Edward T. |
Clough, Walter Owen | Hutton, John (Yorks, N.R.) | Sidebotham, J. W. (Cheshire) |
Cochrane, Hon. Thos. H. A. E. | Jeffreys, Arthur Frederick | Sidebottom, William (Derbysh. |
Coghill, Douglas Harry | Jenkins, Sir John Jones | Simeon, Sir Barrington |
Cohen, Benjamin Louis | Jessel, Captain Herbert Merton | Smith, Hon. W. F. D. (Strand) |
Collings, Rt. Hon. Jesse | Johnston, William (Belfast) | Stanley, Edward Jas. (Somerset |
Colston, Chas. Edw. H. Athole | Jollitte, Hon. H. George | Stanley, Henry M. (Lambeth |
Corbett, A. Cameron(Glasgow) | Kennaway, Rt. Hon. Sir John H. | Stanby, Lord (Lanes.) |
Courtney, Rt. Hon. Leonard H. | Kimber, Henry | Stewart, Sir Mark J. M'Taggart |
Cox, Irwin Edwd. B. (Harrow) | Knowles, Lees | Sturt, Hon Humphry Napier |
Cripps, Charles Alfred | Lawrence, Sir E. Durning-(Corn | Sutherland, Sir Thomas |
Cross, Alexander (Glasgow) | Lawrence, Wm. F. (Liverpool) | Talbot, Lord E. (Chichester) |
Cross, Herb. Shepherd (Bolton) | Lawson, John Grant (Yorks.) | Talbot, Rt. Hn. J.G. (Oxf'dUnv. |
Cruddas, William Donaldson | Leighton, Stanley | Thorburn, Walter |
Curzon, Viscount | Llewelyn, Sir Dillwyn-(Sw'ns'a | Thornton, Percy M. |
Dalbiac, Colonel Philip Hugh | Lockwood, Lt.-Col. A. R. | Tomlinson, Wm. Edw. Murray |
Denny, Colonel | Loder, Gerald Walter Erskine | Tritton, Charles Ernest |
Dickson-Poynder, Sir John P. | Long, Rt. Hon. Walter (L'pool) | Valentia, Viscount |
Douglas, Rt. Hon. A. Akeis- | Lowther, Rt. Hon. James (Kent | Wanklyn, James Leslie |
Duncombe, Hon. Hubert V. | Loyd, Archie Kirkman | Webster, R. G. (St. Pancras) |
Dyke, Rt. Hon. Sir Win. Hart | Lucas-Shadwell, William | Webster, Sir R. E. (1. of Wight |
Egerton, Hon. A. de Tatton | Macdona, John Cumming | Welby, Lieut.-Col. A. C. E. |
Elliot, Hon. A. Ralph Douglas | Maclure, Sir John William | Whiteley, George (Stockport) |
Fardell, Sir T. George | M'Calmont, H. L. B. (Cambs.) | Whitmore, Charles Algernon |
Fellowes, Hon. Ailwyn Edward | M'Iver, Sir L. (Edinburgh, W. | Williams, Colonel R. (Dorset) |
Finlay, Sir Robert Banuatyne | Malcolm, Ian | Williams Joseph Powell-(Birm. |
Fisher, William Hayes | Maple, Sir John Blundell | Wilson, J.W. (Worcestersh, N. |
FitzGerald, Sir Robert Penrose- | Marks, Henry Hananel | Wilson-Todd, Wm. H. (Yorks. |
Fitz Wygram, General Sir F. | Martin, Richard Biddulph | Wodehouse, Rt, Hn. E. R. (Bath |
Flannery, Sir Fortescue | Meysey-Thompson, Sir H. M. | Wolff, Gustav Wilhelm |
Fletcher, Sir Henry | Middlemore, John Throgmort'n | Wortley, Rt. Hon. C. B. Stuart- |
Flower, Ernest | Milbank, Sir Powlett Chas John | Wyndham, George |
Folkestone, Viscount | Milton, Viscount | Wyvill, Marmaduke D'Arcy |
Forster, Henry William | Milward, Colonel Victor | Yerburgh, Robert Armstrong |
Fry, Lewis | Monk, Charles James | Young, Commander (Berks, E. |
Garfit, William | Moon, Edward Robert Pacy | TELLERS FOR THE AYES— |
Gibbons, J. Lloyd | Moore, William (Antrim, N.) | Sir William Walrond and |
Gibbs. Hn. A.G.H.(City of Lnd. | Morrison, Walter | Mr. Anstruther. |
NOES. | ||
Allan, William (Gateshead) | Billson, Alfred | Causton, Richard Knight |
Ambrose, Robert | Birrell, Augustine | Clark, Dr. G. B. (Caithness-sh) |
Asquith, Rt. Hn. Herbert Hry. | Buchanan, Thomas Ryburn | Colville, John |
Atherley-Jones, L. | Burt, Thomas | Crombie, John William |
Austin, Sir John (Yorkshire) | Buxton, Sydney Charles | Curran, Thomas (Sligo, S.) |
Austin, M. (Limerick, W.) | Caldwell, James | Daly, James |
Baker, Sir John | Cameron, Sir Charles (Glasgow | Dalziel, James Henry |
Beaumont, Wentworth C. B. | Campbell-Bannerman, Sir H. | Davies, M. Vaughan-(Cardigan |
§ MR. PICKERSGILLsaid the object of the Amendment he now proposed was to prevent a repetition of the great injustice which was done under the Act of 1888, the effect of which, by incorporating the metropolitan sewers rate in the county rate, was to sweep away the exemption which occupiers had from the sewers rate, and to throw the burden of the rate upon them. The effect of the present Bill would be the same with regard to the local sewers rates, and therefore he had drafted this Amendment to prevent it.
§
Amendment proposed —
In page 6, line 38, at end, to insert 'and shall also provide, that as between landlord and tenant every tenant who, if this Act had not been passed, would have been entitled to deduct against or to be repaid by his landlord any sum paid by such tenant on account of the sewers rate, shall in like manner be entitled to deduct against or to be repaid by his landlord such portion of the general rate as represents the sewers rate.'"—(Mr. Pickersgill.)
§
Question proposed—
That those words be there inserted.
§ SIR RICHARD WEBSTERpointed out that even if he agreed with the Amendment this was not the proper place for it to be introduced. It was obvious if what was desired by the honourable Gentleman who moved it was 626 to be done it would have to be done by some clause. The insertion of the words suggested would not have the desired effect. If the honourable Member desired to carry the matter further he would have to bring in a new clause. The Amendment could not be accepted.
§ MR. STUARTasked whether the Government would not see that the same thing did not occur under this Bill as occurred with regard to the metropolitan sewers rate. The supporters of the Amendment would be quite satisfied if a clause was introduced to protect the occupiers. Under the Act of 1888 the metropolitan sewers rate had been merged in the county rate, with the result that it was held to be all one rate, and therefore no deductions could be allowed. That would happen again under this Bill if care was not taken to prevent it. The occupiers ought in his opinion to be protected, and if the words suggested by the Amendment gave no adequate protection the Amendment might be withdrawn, but if it were he thought the Attorney-General ought to undertake to bring in a clause which would have the effect which it was desired to attain by the Amendment.
§ SIR RICHARD WEBSTERI have endeavoured to indicate that this is what 627 must be done; but the first sub-section is not the place to introduce it. I shall be glad to look into the matter and see what can be done, but it must be done in Sub-section 2.
§ MR. PICKERSGILLsaid he understood from his previous remarks that the honourable and learned Gentleman was against the Amendment, but if he admitted the point which had been put to him, then he(Mr. Pickersgill) would postpone the matter. If, on the other hand, there was any substantial difference of opinion, the question ought to be fought out now. The effect of the clause would be to merge the sewers rate into the general rate, and the burden would be put upon the tenants, who certainly ought to be protected against any such thing If there was any such difference of opinion between the honourable and learned Gentleman and himself, he should have to take the opinion of the Committee on the question. If there was not, then he should be prepared to withdraw the Amendment.
§ LORD EDMOND FITZMAURICE (Wilts, Cricklade)thought that the only difference which existed was as to where the Amendment ought to come in. He suggested that any question on which a substantial difference of opinion existed might be met by enacting, if it were not enacted already, that if there were a sewers rate it should be properly defined, and deduction should be allowed. The Poor Rate included, for instance, many other rates besides the Poor Rate, with regard to which there were no exemptions at present, but if deductions already existed the Amendment might be accepted in a modified form.
§ SIR RICHARD WEBSTERbelieved that there was already some statutory definition of the rates, but he maintained that whatever was done in this matter ought to be done on Sub-section 2 of the Bill, which provided that all the rates should be merged into one rate. His honourable and learned friend the Solicitor-General had, however, suggested to him that it would be possible to add some words at the end of Sub-section 2 which would protect both landlord and tenant.
§ MR. ASQUITH (Fife, E.)I agree with the right honourable and learned 628 Gentleman the Attorney-General. This is a matter of considerable importance, and there is obviously a substantial grievance. The tenant at present has a statutory right, except where he has bartered it away, to make this particular deduction with regard to the sewers rate. That rate is now going to be consolidated into a general rate, and it would be a great injustice if the, tenant's right of deduction with regard to the sewers rate should be annihilated.
§ MR. A. J. BALFOURThe matter is one which may require consideration between this and the Report stage; but the view we take at present is that the objection might be met by the adding of some such words as "that this shall not affect any right between landlord and tenant as to the deduction of any rate." That expresses the intentions of the honourable Gentleman. The only question is whether those words are the best that can be found.
§ MR. STUARTsaid that all that was wanted was an assurance that the statutory right now vesting in the occupier should not cease to exist, which was only justice. It would have been impossible to conceive that such a difficulty could have arisen had it not occurred under the Act of 1888. A scheme might possibly be devised by which a fixed sum should be deducted from the general rate, in the future, as representing the sewers rate. It might be difficult to do, but it was not impossible to make such an arrangement. He pointed out that with regard to the previous Act the President of the Board of Trade was of opinion that a small Bill ought to have beeh brought in to set the matter right. He would rather the right honourable Gentleman the First Lord of the Treasury would not commit himself to any words at present; he would much prefer that he would undertake to deal with the matter without doing so; besides which, he very much doubted whether the words suggested would cover the matter. What was required was that he would deal with the matter in some such way as was suggested by the Amendment as soon as he had satisfied himself as to what was the true position.
§ MR. A. J. BALFOURThen, perhaps, we had better leave this question until we 629 come to Sub-section 2. We are all agreed as to the object of the Amendment, and before we get to the end of Sub-section 2 the matter shall be considered.
§ MR. PICKERSGILLexpressed his willingness to postpone the matter until the end of Sub-section 2, but he had grave doubts as to whether the words suggested by the right honourable Gentleman the First Lord of the Treasury would meet the case. It did not seem to him that they did.
§ Amendment by leave withdrawn.
§
MR. CRIPPS moved to amend the third section of the clause, which is as follows—
Where a borough comprises more than one parish, the amount to be raised to meet the expenses of the borough council or other sums payable as part of their expenses shall be divided between the parishes in proportion to their rateable value.
In discussing questions of valuation and assessment, it was important to make the Bill as simple and uniform as possible. The object of his Amendment was to introduce the borough itself in place of the parish. The advantage of that arrangement would appear by the reading into the rating clause the Amendments of which he had given notice. Under the proposal in the Bill there would be difficulty in the collection and levying of rates and appointment of overseers, but under his plan there would be the borough unit for the valuation and assessment and the council appointing the overseers. He did not think anyone would doubt that if a scheme of that kind was carried out it would be an immense improvement on the proposals in the Bill. In dealing with valuation and assessment the Government should see that they were absolutely fair for all purposes, both local and imperial. Everyone was aware that at the present time, according to the Valuation Act of 1869, the metropolis was far in advance of any other part of the country, because there was in the metropolis one basis of assessment, and the report of the Royal Commission on Local Taxation was in favour of bringing the country up to the metropolitan level. Nor had any difficulty arisen in regard to unions which in London, as elsewhere, dealt with self-governing and
630
overlapping areas, when once a fair basis was established. All he wanted was to have the best possible machinery for valuation and assessment in the simplest possible way. He begged to move to omit the words "where a borough comprises more than one parish.
§ Amendment proposed— In page 7, line 3, to leave out the words "Where a borough comprises more than one parish.'"—(Mr. Cripps.)
§
Question proposed—
That the words proposed to be left out stand part of clause.
§ SIR R. B. FINLAYsaid his hon. and learned friend would to a great extent carry the Committee with him as to the desirability of as far as possible getting rid of the complications caused by division in the parishes, but in its present form the Amendment would introduce great confusion in the work of Local Government. It could not, therefore, be accepted. If they were going to have a rated area in all the boroughs coincident with their boundaries they must so re-arrange their unions that they did not overlap out of one borough into another. But where there were four boroughs, comprising, say, four parishes with three in one union, and one in another union, they must retain the parish as the rating unit when they had to get contributions from that parish as a portion of another union. If they had the borough as the rating unit then they had not the materials for dealing with the contributions to be made to the Union of which one of the parishes in the borough formed part. But there were other difficulties. Under the provisions of the Equalisation of Rates Act, distribution of the money between the parishes was made according to their population, and the Agricultural Rating Act,1896, dealt with the distribution of the amounts where several parishes were under one spending authority, between parishes according to assessable value, and so a conflict would arise between the machinery of these sections, because, as Amended, the third section would read—
The amount to be raised, to meet the expenses charged on the county rate, or other sums payable, shall be divided between the boroughs in proportion to their rateable value.For these reasons he hoped the Committee would not accept the Amendment.
§ MR. STUARTsaid he agreed that the subject was an extremely difficult one to deal with. He had had the pleasure of sitting on a Commission relating to the subject, and he would venture to say that the first Report of that Commission was one that deserved the most serious attention of the House. He also agreed that London was, in the matter of assessment, very considerably in front of the rest of the kingdom. So far as the circumstances allowed, the Commission agreed that London should be dealt with by the same principle that they desired to apply to the rest of the kingdom. But while he agreed with the hon. and learned Member in his desire that the parish should not be the unit concerned in the arrangements under this Bill, he did not think that he accomplished this purpose by the Amendment proposed. As it stood now, Sub-section 3 was a direction as to how the borough rate has to be dealt with within the four walls of the borough, when they came to deal with separate parishes in the borough. Where there were not separate parishes in the borough no difficulty arose, but where there were separate parishes in the borough they had, under Sub-section 3, directed how to deal with those parishes in raising the new borough rate, which included the Poor rate, the County Council rate, the School Board rate, and, in fact, all the rates that were to be charged within the borough. But if the proposal of the hon. and learned Member were adopted, only the County Council rate would be taken, and it would be a direction as to how that rate was to be divided among the different boroughs. That would be an absolute transformation of the sub-section. It might or might not be a reasonable way of dealing with the subject, but it would be matter for a separate section or clause.
§ MR. CRIPPSsaid there seemed to be a misapprehension as to the effect of the Amendment. Under his proposal they might still raise what sums they liked from areas they called parish unions, boroughs, or counties; and that power would not be interfered with in the least. It was a mere question of assessment, and the most simple and uniform way in which to make it was the right way. Why should they not take the borough area as the most convenient and simple unit for the purposes of valuation and assessment? 632 The second Amendment he had on the paper, that the amount to be raised should go to meet the expenses charged on the county rate, was an arguable point, and on reflection, he thought there were difficulties with regard to that. But if the words" where a borough comprises more than one parish, "were got rid of, the sub-section for the purpose for which it was inserted in the Bill went. He proposed to confine himself entirely to that, in order that the borough area should be taken as the proper area for valuation and assessment purposes, and that the borough council should appoint their overseers, or be the overseers themselves.
§ SIR R. B. FINLAYsaid his hon. and learned friend instead of proposing the Amendment he did a quarter of an hour ago, was now proposing quite a different Amendment—namely, the omission of the third sub-section. He entirely objected to this new proposal, as he had done to the other, and for this reason, that they must under existing circumstances, have the parish as a unit for some purposes. They could not dispense with that. They could not make every borough one parish, much as for other reasons they should like to do it, until the machinery of the poor law was simplified, so that unions would not overlap into different boroughs. As long as they had different parishes in one borough there must be some provision for the manner in which the borough charges were to be distributed over the different parishes. The Amendment now proposed could not but be mischievous in its effects, and the discussion of it was merely a waste of time.
§ MR. ASQUITHthought that his hon. and learned friend had led the Committee, with the best motives in the world, into a complete fog. If he had moved to omit the sub-section then they would have known where they were.
§ MR. CRIPPSsaid he had dealt with the matter in the same way as was done in Bristol and other places, where for the purpose of certain Acts the borough was constituted one parish.
§ MR. ASQUITHsaid that in order to understand the Amendment they had to look at other Amendments the hon. and learned Gentleman had placed on the paper. He thought that the hon. and 633 learned Gentleman's object was to allocate the county rate, but he appeared now to have some other object. They should be employing their time much more profitably by accepting the preliminary words of the sub-section, which indicated a case that must be dealt with, and then proceed to consider what was the best way to deal with it.
§ MR. L. R. HOLLAND (Tower Hamlets, Bow)said it seemed to him that the assessment should be by the parish area, or the borough area, and that was conveniently raised by his hon. and learned friend by moving the omission of the sub-section. The objection that a borough might extend to two or more poor-law unions, or that a poor-law union might overlap into the borough was a kind of objection that could not be maintained. It could be met without any great difficulty by providing that the borough council should make a separate valuation list for each ward of the poor-law area, on which the poor-law guardians could easily raise the necessary amount by precept. Very serious objection could be taken to the proposal to have the assessment done by the parish, and not by the borough area. Of course, they knew this Bill did not provide for a uniform rate, but he thought the Committee would admit that whatever view might prevail on that subject, it was inexpedient to have a variety of rates that did not depend on any principle. For instance, in the case of Westminster, which would contain five parishes, if the proposal of Sub-section 2 was carried out there would be five rating authorities and five different rates, and five different contributions.
§ MR. STUARTadvised his hon. and learned friend to withdraw his Amendment. He could then move to omit Sub-section 3, in order to substitute—
That each borough should constitute a parish for the making and collection of rates.Then they could have a further Amendment moved for the distribution of the central rates, such as the hon. and learned Member proposed.
§ MR. A. J. BALFOURsaid that the Amendment would not decide the question raised. He very earnestly suggested to 634 the Committee to pass from this Amendment as soon as possible, and come to the important problems which the Committee had to decide. They ought to have a question put from the Chair on which they could vote "Aye" or "No."
§ MR. CRIPPSsaid this was an extremely important matter. The way in which he moved his Amendment was, in his opinion, the most convenient form, and this was the most convenient stage of the Bill at which to decide whether they were to have the borough or parish as the unit. He was, however, quite willing to withdraw his Amendment, and substitute for it the omission of sub-Section 3.
§ MR. COURTNEYwas very loth to interfere on this question, for he was not quite sure if he were a perfect master of it; but he doubted whether the suggestion made was the best way out of the difficulty. The proper plan would be to withdraw the Amendment and leave Sub-section 3 untouched, and then to move to insert before the sub-section another sub-section which would deal with the simple question of the borough being made the assessment unit.
§ * COLONEL HUGHESsaid the question of assessment had not yet arisen. The clause merely dealt with the division of the amount raised by the county council. They must have assessment by parishes, for different accounts had to dealt with.
§ MR. CRIPPSbegged leave to withdraw the Amendment in order to move afterwards the omission of Sub-section 3.
§ Amendment, by leave, withdrawn.
§ Amendment proposed—
§ "In Page 7, line 3, to leave out Sub-section (3.)—(Mr. Cripps.)
§
Question put—
That the words 'where a borough comprises more than one parish' stand part of the clause.
§ The Committee divided:—Ayes 223; Noes 129.—(Division List No. 146.)
625AYES. | ||
Acland-Hood, Capt. SirAlex. F. | Ascroft, Robert | Balfour, Rt. Hon. A. J. (Manch'r |
Aird, John | Atkinson, Rt. Hon. John | Balfour, Rt. Hn. GrldW. (Leeds |
Allsopp, Hon. George | Bagot, Capt. Josceline FitzRoy | Banbury, Frederick George |
Archdale, Edward Mervyn | Baillie, James E.B (Inverness) | Barnes, Frederic Gorell |
Arnold, Alfred | Baird, John George Alexander | Barry, RtHn AH Smith-(Hunts |
Arnold-Forster, Hugh O. | Baldwin, Alfred | Bartley, George C. T. |
Barton, Dunbar Plunket | Giles, Charles Tyrrell | Morton, Arthur H. A. (Deptford |
Beach, Rt. Hn. Sir M. H. (Bristol | Gilliat, John Saunders | Murray, Rt Hn A Graham (Bute |
Beckett, Ernest William | Goldsworthy, Major General | Murra, Charles J. (Coventry |
Begg, Ferdinand Faithfull | Gordon, Hon. John Edward | Murray, Col.Wyndham (Bath) |
Beresford, Lord Charles | Gorst, Rt. Hon. Sir John Eldon | Newark, Viscount |
Bhownaggree, Sir M. M. | Goschen, Rt Hn GJ (St. George's | Nicol, Donald Ninian |
Biddulph, Michael | Goulding, Edward Alfred | Northcote, Hon. Sir H. Stafford |
Bill, Charles | Greene, W. Raymond-(Cambs. | Orr-Ewing, Charles Lindsay |
Blakiston-Houston, John | Gull, Sir Cameron | Pender, Sir James |
Boscawen, Arthur Griffith- | Gunter, Colonel | Pierpoint, Robert |
Boulnois, Edmund | Hall, Rt. Hon. Sir Charles | Powell, Sir Francis Sharp |
Bousfield, William Robert | Hamilton, Rt. Hon LordGeorge | Pretyman, Ernest George |
Bowles, Capt. H.F. (Middlesex) | Hanbury, Rt. Hon. Robert Wm. | Priestley, Sir W. Overend (Edin. |
Bowles. T. Gibson (Lynn Regis | Hanson, Sir Reginald | Purvis, Robert |
Brassey, Albert | Haslett, Sir James Horner | Pym, C. Guy |
Builard, Sir Harry | Heaton, John Henniker | Rankin, Sir James |
Campbell, Rt, Hn. J. A. (Glasg'w | Helder, Augustus | Rasch, Major Frederic Carne |
Carlile, William Walter | Henderson, Alexander | Rentoul, James Alexander |
Carson, Rt. Hon. Edward | Hermon-Hodge, RobertTrotter | Ritchie, Rt. Hn. Ch. Thomson |
Cavendish, R. F. (N. Lancs.) | Hoare, Ed. Brodie (Hampstead | Robertson, Herbert (Hackney) |
Cecil, Evelyn (Hertford, East) | Hoare, Samuel (Norwich) | Rollit, Sir Albert Kaye |
Cecil, Lord Hugh (Greenwich) | Holland, Hon. Lionel R. (Bow) | Royds, Clement Molyneux |
Chamberlain, Rt. Hon. J. (Birm. | Hornby, Sir William Henry | Russell, T. W. (Tyrone) |
Chamberlain, J, Austen (Worc'r | Houstn, R. P. | Samuel, Harry S. (Limehouse |
Chaplin, Rt. Hon. Henry | Howell, William Tudor | Saunderson, Rt. Hn. Col. Edw. J |
Charrington, Spencer | Hozier, Hon. James Henry Cecil | Scoble, Sir Andrew Richard |
Chelsea, Viscount | Hughes, Colonel Edwin | Sharpe, William Edward T. |
Clough, Walter Owen | Hutton, John (Yorks, N.R.) | Sidebotham, J. W. (Cheshire) |
Cochrane, Hon. Thos. H. A. E. | Jeffreys, Arthur Frederick | Sidebottom, William (Derbysh. |
Coghill, Douglas Harry | Jenkins, Sir John Jones | Simeon, Sir Barrington |
Cohen, Benjamin Louis | Jessel, Captain Herbert Merton | Smith, Hon. W. F. D. (Strand) |
Collings, Rt. Hon. Jesse | Johnston, William (Belfast) | Stanley, Edward Jas. (Somerset |
Colston, Chas. Edw. H. Athole | Jollitte, Hon. H. George | Stanley, Henry M. (Lambeth |
Corbett, A. Cameron(Glasgow) | Kennaway, Rt. Hon. Sir John H. | Stanby, Lord (Lanes.) |
Courtney, Rt. Hon. Leonard H. | Kimber, Henry | Stewart, Sir Mark J. M'Taggart |
Cox, Irwin Edwd. B. (Harrow) | Knowles, Lees | Sturt, Hon Humphry Napier |
Cripps, Charles Alfred | Lawrence, Sir E. Durning-(Corn | Sutherland, Sir Thomas |
Cross, Alexander (Glasgow) | Lawrence, Wm. F. (Liverpool) | Talbot, Lord E. (Chichester) |
Cross, Herb. Shepherd (Bolton) | Lawson, John Grant (Yorks.) | Talbot, Rt. Hn. J.G. (Oxf'dUnv. |
Cruddas, William Donaldson | Leighton, Stanley | Thorburn, Walter |
Curzon, Viscount | Llewelyn, Sir Dillwyn-(Sw'ns'a | Thornton, Percy M. |
Dalbiac, Colonel Philip Hugh | Lockwood, Lt.-Col. A. R. | Tomlinson, Wm. Edw. Murray |
Denny, Colonel | Loder, Gerald Walter Erskine | Tritton, Charles Ernest |
Dickson-Poynder, Sir John P. | Long, Rt. Hon. Walter (L'pool) | Valentia, Viscount |
Douglas, Rt. Hon. A. Akeis- | Lowther, Rt. Hon. James (Kent | Wanklyn, James Leslie |
Duncombe, Hon. Hubert V. | Loyd, Archie Kirkman | Webster, R. G. (St. Pancras) |
Dyke, Rt. Hon. Sir Win. Hart | Lucas-Shadwell, William | Webster, Sir R. E. (1. of Wight |
Egerton, Hon. A. de Tatton | Macdona, John Cumming | Welby, Lieut.-Col. A. C. E. |
Elliot, Hon. A. Ralph Douglas | Maclure, Sir John William | Whiteley, George (Stockport) |
Fardell, Sir T. George | M'Calmont, H. L. B. (Cambs.) | Whitmore, Charles Algernon |
Fellowes, Hon. Ailwyn Edward | M'Iver, Sir L. (Edinburgh, W. | Williams, Colonel R. (Dorset) |
Finlay, Sir Robert Banuatyne | Malcolm, Ian | Williams Joseph Powell-(Birm. |
Fisher, William Hayes | Maple, Sir John Blundell | Wilson, J.W. (Worcestersh, N. |
FitzGerald, Sir Robert Penrose- | Marks, Henry Hananel | Wilson-Todd, Wm. H. (Yorks. |
Fitz Wygram, General Sir F. | Martin, Richard Biddulph | Wodehouse, Rt, Hn. E. R. (Bath |
Flannery, Sir Fortescue | Meysey-Thompson, Sir H. M. | Wolff, Gustav Wilhelm |
Fletcher, Sir Henry | Middlemore, John Throgmort'n | Wortley, Rt. Hon. C. B. Stuart- |
Flower, Ernest | Milbank, Sir Powlett Chas John | Wyndham, George |
Folkestone, Viscount | Milton, Viscount | Wyvill, Marmaduke D'Arcy |
Forster, Henry William | Milward, Colonel Victor | Yerburgh, Robert Armstrong |
Fry, Lewis | Monk, Charles James | Young, Commander (Berks, E. |
Garfit, William | Moon, Edward Robert Pacy | TELLERS FOR THE AYES— |
Gibbons, J. Lloyd | Moore, William (Antrim, N.) | Sir William Walrond and |
Gibbs. Hn. A.G.H.(City of Lnd. | Morrison, Walter | Mr. Anstruther. |
NOES. | ||
Allan, William (Gateshead) | Billson, Alfred | Causton, Richard Knight |
Ambrose, Robert | Birrell, Augustine | Clark, Dr. G. B. (Caithness-sh) |
Asquith, Rt. Hn. Herbert Hry. | Buchanan, Thomas Ryburn | Colville, John |
Atherley-Jones, L. | Burt, Thomas | Crombie, John William |
Austin, Sir John (Yorkshire) | Buxton, Sydney Charles | Curran, Thomas (Sligo, S.) |
Austin, M. (Limerick, W.) | Caldwell, James | Daly, James |
Baker, Sir John | Cameron, Sir Charles (Glasgow | Dalziel, James Henry |
Beaumont, Wentworth C. B. | Campbell-Bannerman, Sir H. | Davies, M. Vaughan-(Cardigan |
Davitt, Michael | Lambert, George | Reckitt, Harold James |
Dilke, Rt. Hon. Sir Charles | Lawson, Sir Wilfrid (Cumb'land | Rickett, J. Compton |
Donelan, Captain A. | Leese, Sir Joseph F. (Accrington | Robertson, Edmund (Dundee) |
Doogan, P. C. | Leng, Sir John | Robson, William Snowdon |
Doxford, William Theodore | Lewis, John Herbert | Schwann, Charles E. |
Dunn, Sir William | Lyell, Sir Leonard | Scott, Chas. Prestwich (Leigh) |
Farquharson, Dr. Robert | Macaleese, Daniel | Shaw, Charles Edw. (Stafford) |
Fenwick, Charles | M'Arthur, William (Cornwall) | Sinclair, Capt John (Forfarshire |
Ferguson, R. C. Munro (Leith) | M'Cartan, Michael | Stanhope, Hon. Philip J. |
Fitzmaurice, Lord Edmond | M'Kenna, Reginald | Steadman, William Charles |
Foster, Sir Walter (Derby Co. | M'Leod, John | Stevenson, Francis S. |
Gladstone, Rt. Hn. Hbrt. John | Mappin, Sir Frederick Thorpe | Sullivan, Donal (Westmeath) |
Goddard, Daniel Ford | Mendl, Sigismund Ferdinand | Thomas, Alfred (Glamorg. E.) |
Gold, Charles | Morgan, J. Lloyd (Carmarthen) | Thomas, David Alfred (Merthyr |
Gourley, Sir Edward Temperley | Morley, Charles (Breconshire) | Trevelyan, Charles Philips |
Grey, Sir Edward (Berwick) | Morley, Rt. Hn. J. (Montrose) | Ure, Alexander |
Gurdon, Sir William Brampton | Moulton, John Fletcher | Wallace, Robert (Edinburgh) |
Hayne, Rt. Hn. Charles Seale- | Norton, Capt. Cecil William | Wallace, Robert (Perth) |
Hedderwick, Thomas Chas. H. | Nassey, Thomas Willans | Walton, Joseph (Barnsley) |
Hemphill, Rt. Hon. Charles H. | O'Brien, James F. X. (Cork) | Warner, Thomas Conrtenay T. |
Holland, Wm. H. (York,W. R. | O'Connor, James (Wicklow, W. | Wedderburn, Sir William |
Horniman, Frederick John | O'Connor, T. P. (Liverpool) | Weir, James Galloway |
Humphreys-Owen, Arthur C. | Oldroyd, Mark | Whittaker, Thomas Palmer |
Hutton, Alfred E. (Morley) | Palmer, Sir Charies M. (Durham | Williams, John Carvell (Notts. |
Jacoby, James Alfred | Palmer, George W. (Reading) | Wilson, John (Durham, Mid) |
Joicey, Sir James | Paulton, James Mellor | Wilson, John (Covan) |
Jones, D. Brynmor (Swansea) | Pease, Alfred F. (Cleveland) | Woodall, William |
Jones, William (Carnarvonsh.) | Pease, Joseph A. (Northumb.) | Yoxall, James Henry |
Kay-Shuttleworth, Rt Hn Sir U. | Philipps, John Wynford | TELLERS FOR THE NOES— |
Kearley, Hudson E. | Pirie, Duncan V. | Mr. Lough and Mr. James Stuart. |
Kitson, Sir James | Price, Robert John |
AYES. | ||
Acland-Hood, Capt. Sir Alex. F. | Fellowes, Hn. Ailwyn Edward | Monk, Charles James |
Aird, John | Finch, George H. | Moon. Edward Robert Pacy |
Allhusen, Augustus H. Eden | Finlay, Sir Robert Bannatyne | Moore, William (Antrim, N.) |
Allsopp, Hon. George | Fisher, William Hayes | More, Robt. Jasper (Shropshire) |
Archdale, Edward Mervyn | Fitz Wygram, General Sir F. | Morgan, Hn. Fred. (Monm'thsh. |
Arnold, Alfred | Fletcher, Sir Henry | Morrell, George Herbert |
Ascroft, Robert | Flower, Ernest | Morrison, Walter |
Atkinson, Rt. Hon. John | Folkestone, Viscount | Morton, Arthur H.A.(Deptford |
Bagot, Capt. Josceline FitzBoy | Forster, Henry William | Murray, Rt Hn A. Graham (Bute |
Bailey, James (Walworth) | Fry, Lewis | Murray, Charles J. (Coventry) |
Baillie, James E. B. (Inverness | Galloway, William Johnson | Murray, Col. Wyndham (Bath |
Baird, John George Alexander | Garfit, William | Newark, Viscount |
Balcarres, Lord | Gibbons, J. Lloyd | Northcote, Hon. Sir H. Stafford |
Baldwin, Alfred | Gibbs, Hn. A.G.H (City of Lond. | Orr-Ewine, Charles Lindsay |
Balfour, Rt. Hon. A.J.(Manch'r | Giles, Charles Tyrrell | Penn, John |
Balfour, Rt Hn Gerald W (Leeds | Gilliat, John Saunders | Percy, Earl |
Barnes, Frederick Gorell | Goldsworthy, Major-General | Pierpoint, Robert |
Barton, Dunbar Plunket | Gordon, Hon. John Edward | Pilkington, Richard |
Beach, Rt. Hn. Sir M.H. (Bristol | Gorst, Rt. Hon. Sir John Eldon | Platt-Higgins, Frederick |
Beach, W. W. Bramston (Hants | Goschen, Rt. Hn G. J. (StGeorge's | Pollock, Harry Frederick |
Beckett, Ernest William | Goschen, George J. (Sussex) | Pretyman, Ernest George |
Begg, Ferdinand Faithfull | Graham, Henry Robert | Priestley, Sir W. Overend (Edin |
Bethell, Commander | Gull, Sir Cameron | Purvis, Robert |
Bhownaggree, Sir M. M. | Gunter, Colonel | Pym, C. Guy |
Biddulph, Michael | Hall, Rt. Hon. Sir Charles | Rentoul, James Alexander |
Bill, Charles | Hamilton, Rt. Hn. Lord George | Richardson, Sir Thos. (Hartlep'l |
Bond, Edward | Hanbury, Rt. Hon. Robert Wm. | Ritchie, Rt. Hn Chas. Thomson |
Boscawen, Arthur Griffith | Hanson, Sir Reginald | Robertson, Herbert (Hackney) |
Boulnois, Edmund | Haslett, Sir James Horner | Rollit, Sir Albert Kaye |
Bousfield, William Robert | Heaton, John Henniker | Round, James |
Bowles, Capt. H.F.(Middlesex | Henderson, Alexander | Royds, Clement Molyneux |
Bowles, T. Gibson (Lynn Regis) | Hermon-Hodge, Rohert Trotter | Russell, T. W. (Tyrone) |
Brassey, Albert | Hoare, Ed. Brodie (Hampstead | Ryder, John Herbert Dudley |
Brodrick, Rt. Hon. St. John | Hoare, Samuel (Norwich) | Saunderson,Rt. Hn. Col. Ed. J. |
Ballard, Sir Henry | Hornby, Sir William Henry | Scoble, Sir Andrew Richard |
Butcher, John George | Houldsworth, Sir Wm. Henry | Sharpe, William Edward T. |
Campbell, Rt. Hn. A.J.(Glasg'w | Houston, R. P. | Sidebotham, J. W. (Cheshire) |
Cavendish, R. F. (N. Lanes.) | Howell, William Tudor | Sidebottom, William (Derbysh. |
Cayzer, Sir Charles William | Hozier, Hon. James Henry Cecil | Simeon, Sir Barrington |
Cecil, Evelyn (Hertford, E.) | Hubbard, Hon. Evelyn | Spencer, Ernest |
Chaloner, Captain R. G. W. | Hughes, Colonel Edwin | Stanley, EdwardJas. (Somerset |
Chamberlain. Rt. Hn. J. (Birm. | Hutton, John (Yorks, N. R.) | Stanley, Henry M. (Lambeth) |
Chamberlain, J. Austen (Wore'r | Jeffreys, Arthur Frederick | Stanley, Lord (Lanes.) |
Chaplin, Rt. Hon. Henry | Jenkins, Sir John Jones | Stewart, Sir Mark J. M'Taggart |
Charrington, Spencer | Jessel, Capt. Herbert Merton | Strauss, Arthur |
Chelsea, Viscount | Johnstone, Heywood (Sussex) | Strutt, Hon. Charles Hedley |
Clare, Octavius Leigh | Jolliffe, Hon. H. George | Sturt, Hon. Humphry Napier |
Clarke, Sir Edward(Plymouth) | Kennaway, Rt. Hn.Sir John H. | Sutherland, Sir Thomas |
Cochrane, Hon. Thos.H. A. E. | Kimber, Henry | Talbot, Lord E. (Chichester) |
Coghill, Douglas Harry | Knowles, Lees | Talbot, Rt. Hn.J.G.(Oxf. Univ. |
Cohen, Benjamin Louis | Lawrence, Sir E. Durning-(Corn | Thorburn, Walter |
Collings, Rt. Hon. Jesse | Lawrence, Wm. F. (Liverpool) | Thornton, Percy M. |
Colston, Chas. E. H. Athole | Lawson, John Grant (Yorks) | Tomlinson, Wm. Edw. Murray |
Compton, Lord Alwyne | Leighton, Stanley | Tritton, Charles Ernest |
Cook, Fred. Lucas (Lambeth) | Llewellyn, Sir Dillwyn-(Swans. | Valentia, Viscount |
Corbett, A. (Cameron (Glasgow | Lockwood, Lt-Col. A. R. | Webster. R. G. (St. Pancras) |
Cross, Alexander (Glasgow) | Loder, Gerald Walter Erskine | Webster, Sir R.E. (Isle of Wight |
Cross, Herb. Shepherd (Bolton) | Long, Col. Charles W. (Evesham | Wentworth, Bruce C. Vornon- |
Cruddas, William Donaldson | Long, Rt. Hn Walter (Liverpool | Whiteley, George (Stockport) |
Cubitt, Hon. Henry | Lopes, Henry Yarde Buller | Whiteley, H. (Ashton-under-L. |
Currie, Sir Donald | Loyd, Archie Kirkman | Whitmore, Charles Algernon |
Curzon, Viscount | Lucas-Shadwell, William | Williams. Colonel R. (Dorset) |
Dalkeith, Earl of | Macdona, John cumming | Williams. Jos. Powell-(Birm.) |
Denny, Colonel | Maclure, Sir John William | Wilson. J. W. (Worcestersh, N.) |
Dickson-Poynder, Sir John P. | M'Arthur, Charles (Liverpool) | Wilson-Todd, Wm. H. (Yorks.) |
Dixon-Hartland, Sir F. Dixon | M'Iver Sir Lewis (Edinburgh, W | Wodehouse, Rt. Hn. E. R. (Bath |
Donkin, Richard Sim | Marks, Henry Hananel | Wolff, Gustav Wilhelm |
Doughty, George | Martin, Richard Biddulph | Wortley, Rt. Hn. C. B. Stuart- |
Douglas, Rt. Hon. A. Akers- | Massey-Mainwaring, Hn. W.F. | Wyndham, George |
Doxford, William Theodore | Melville, Beresford Valentine | Wyndham-Quin, Major W. H. |
Duncombe, Hon. Hubert V. | Meysey-Thompson, Sir H. M. | Wyvill, Marmaduke D'Arcy |
Dyke, Rt. Hon. Sir Wm. Hart | Middlemore, John Throgmort'n | Yerburgh, Robert Armstrong |
Egerton, Hon. A. de Tatton | Milbank, Sir Powlett Chas J. | Young, Commander (Berks, E.) |
Elhott, Hon. A. Ralph Douglas | Milton, Viscount | TELLERS FOR THE AYES— |
Fardell, Sir T. George | Milward, Colonel Victor | Sir William Walrond and Mr. Anstruther |
NOES. | ||
Allan, William (Gateshead) | Goulding, Edward Alfred | Oldroyd, Mark |
Allison, Robert Andrew | Gourley, Sir Ed. Temperley | Palmer, Sir Charles M. (Durham |
Atherley-Jones, L. | Grey, Sir Eilward (Berwick) | Palmer, George Wm. (Reading |
Austin, Sir John (Yorkshire) | Gurdon, Sir William Brampton | Pease, Alfred E. (Cleveland) |
Baker, Sir John | Haldane, Richard Burdon | Pease, Joseph A. (Northumb.) |
Banbury, Frederick George | Hayne, Rt. Hn. Charles Seale- | Philipps, John Wynford |
Bartley, George C. T. | Hedderwick, Thomas C. H. | Pickersgill, Edward Hare |
Beaumont, Wentworth C. B. | Hemphill, Rt. Hn. Charles H. | Pirie, Duncan V. |
Billson, Alfred | Holland, Hon. Lionel R. (Bow | Powell, Sir Francis Sharp |
Birrell, Augustine | Holland, Wm. H.(York, W.R. | Power, Patrick Joseph |
Bolton, Thomas Dolling | Horniman, Frederick John | Price, Robert John |
Buchanan, Thomas Ryburn | Humphreys-Owen, Arthur C. | Rankin, Sir James |
Burns, John | Hutton, Alfred E. (Morley) | Reckitt, Harold James |
Burt, Thomas | Jacoby, James Alfred | Reid, Sir Robert Threshie |
Buxton, Sydney Charles | Joicey, Sir James | Robson, William Snowdon |
Caldwell, James | Jones, D. Brynmor (Swansea) | Schwann, Charles E. |
Cameron, Sir Charles(Glasgow | Jones, William (Carnarvon) | Scott, Chas. Prestwich (Leigh) |
Campbell-Bannerman, Sir H. | Kearley, Hudson E. | Shaw, Charles Edw. (Stafford) |
Carmichael, Sir T. D Gibson- | Kitson, Sir James | Shaw, Thomas (Hawick B.) |
Causton, Richard Knight | Lambert, George | Sinclair, Capt. John (Forfar) |
Cecil, Lord Hugh (Greenwich) | Lamie, Lieut.-General | Spicer, Albert |
Clark. Dr. G. B. (Caithness) | Lawson, Sir Wilfrid (Cumb'land | Steadman, William Charles |
Clough, Walter Owen | Leigh-Bennett, Henry Currie | Sullivan, Donal (Westmeath) |
Colville, John | Leng, Sir John | Thomas Abel (Carmarthen, E. |
Courtney, Rt. Hn. Leonard H. | Lewis, John Herbert | Thomas, Alfred (Glamorgan, E. |
Crombie, John William | Lough, Thomas | Thomas, David Alfred (Merthyr |
Curran, Thomas B. (Donegal) | Lyell, Sir Leonard | Trevelyan, Charles Phillips |
Curran, Thomas (Sligo, S.) | MacAleese, Daniel | Ure, Alexander |
Daly, James | M'Arthur, William (Cornwall) | Wallace Robert (Edinburgh) |
Dalziel, James Henry | M'Kenna, Reginald | Wallace Robert (Perth) |
Davies, M.Vaughan-(Cardigan | M'Leod, John | Walton, John Lawson(Leeds,S. |
Dilke, Rt. Hon. Sir Charles | Malcolm, lan | Warner, Thomas Courtenay T. |
Donelan, Captain A. | Maple, Sir John Blundell | Wedderburn, Sir William |
Doogan, P. C. | Mappin, Sir Frederick Thorpe | Weir, James Galloway |
Dunn, Sir William | Mendl, Sigismund Ferdinand | Whittaker, Thomas Palmer |
Evans, Sir Francis H. (South'ton | Morgan J. Lloyd (Carmarthen | Williams, John Carvell (Notts |
Farquharson, Dr. Robert | Morley, Charles (Breconshire) | Wilson, John (Durham, Mid) |
Fenwick, Charles | Morley, Rt.Hn. John (Montrose | Wilson, John (Goran) |
Ferguson, R. C. Munro (Leith | Moulton, John Fletcher | Wilson, Jos. H. (Middlesbrough |
Fitzmaurice, Lord Edmond | Norton, Capt. Cecil William | Woodall, William |
Fowler, Rt. Hon. Sir Henry | Nussey, Thomas Willans | Yoxall, James Henry |
Gladstone, Rt. Hn. Herbert J. | O'Brien, James, F. X. (Cork) | TELLERS FOR THE NOES— |
Goldard, Daniel Ford | O'Connor, Arthur (Donegal) | Mr. Cripps and Mr. James |
Gold, Charles | O'Connor, T. P. (Liverpool) | Stuart. |
§ MR. PICKERSGILLsaid that under the present system, although certain rates were nominally equal throughout London, —for instance, the county rate and the education rate—as a matter of fact, owing to the loss entailed by collection, they worked out very unequally even in neighbouring parishes. He was anxious to see the loss to which he referred fall on the whole borough, and not on the separate parishes. He moved the Amendment standing in his name.
§
Amendment proposed—
In page 7, line 5, after the word 'expenses,' to insert the words 'including the amount of the estimated cost of and loss in callection of the same."—(Mr. Pickersgill.)
§
Question proposed—
That those words be there inserted.
§ SIR R. B. FINLAYsaid he understood the hon. Member to wish that the 638 inequality which at present existed in different parishes should be removed, and that the cost of collection should be equalised by being thrown over the whole borough. He would suggest that such a proposal, although there was much to be said in its favour, should not be adopted at this period. They were dealing with boroughs which comprised several parishes. As the law at present stood the amount to be raised from each parish might be swollen by a certain amount to cover the cost of collection, and he did not think they ought to seize this occasion for making a change of the sort proposed in the Amendment, as it would alter the whole incidence of the charge. Their desire was now to simplify the machinery.
§ MR. SYDNEY BUXTONsaid that most of his friends behind him thought 639 the Amendment to be a practical and just one. He was glad to hear from the Solicitor-General that there was much to be said for making these charges metropolitan charges, and when they put down that Amendment they certainly did hope the hon. and learned Gentleman would see his way to accept it. If they came to the cases of individual parishes, they would find that in consequence of the different modes in which compound rates were taken and the different ways in which rebates were allowed, differences existed which ought not to prevail. In the case of Poplar he found the difference amounted roughly to about 3d. in the pound; and when they had three parishes comprising one borough he did not think that there ought to be any difference made with regard to the cost of collection, seeing that it arose from the way in which property was assessed.
§ MR. PICKERSGILLsaid he should like to point out to the hon. and learned Gentleman that the Bill proposed that where a borough consisted of several parishes the same persons should be appointed to act as overseers for all the parishes. Surely, then, this was the proper place for the Amendment.
§ MR. STUARTsaid he regarded this as an extremely important Amendment. If they were going to constitute boroughs which should combine a variety of parishes, some poor and some rich, they ought certainly to do away with this anomaly. It was the case with London parishes that in proportion to their poverty the leakages were great; the richer the parish the smaller the leakage. He did not know whether the Solicitor-General recognised the fact that the leakages varied from about a ½d. rate to a 1s. 4d. rate. He did not think his hon. friend's Amendment went far enough: he preferred the words of his own Amendment—that "they shall be levied at an equal rate in the pound over the whole borough." He did not think that the Amendment of his hon. friend would cover the case of loss from empty houses, which certainly did not come into the cost of collection. He hoped the Government would accept the principle of the Amendment; suitable words could be framed later on. What they wanted to have was a uniform rate for the whole borough, and they did not want the wealthier portion of a 640 borough to turn its back on the poorer portion. Why should the poorer part of a parish be punished by the imposition of a heavier rate in perpetuity? As he had pointed out, the variation was very considerable, and he knew of contiguous parishes in which the difference was as much as 9d. Personally he was entirely in favour of making this a metropolitan charge, but if they could not do that, let them at least make it a borough charge. This was one of the conditions of poorer life which made poverty its own punishment. Very much of the difference arose in the case of tenement dwellings, where the owner, in consideration of paying the rates, was allowed a certain amount off. This was found to be convenient to all parties, but as from 20 per cent. to 25 per cent. was frequently allowed, it constituted an enormous addition to the cost of collection in the poor districts. He urgently pressed on the Government the consideration of this Amendment, which he submitted was a fundamental one as regarded the question of rating.
§ MR. A. J. BALFOURThe Government are far from denying that there may be a hardship in the poorer districts, arising from the fact that there is a leakage in the rate collected. This hardship, which varies in different localities, can only be dealt with by some scheme of equalisation of rates either in respect of the whole metropolis or as regards the subordinate areas of the metropolis. I strongly deprecate any attempt to deal with this question in the Bill. It seems, at all events on the face of it, it would be equitable to throw the loss on the whole of the metropolis where the County Council charge is concerned, to throw the whole of the loss on the borough where the borough charge is concerned, and to throw the whole of the loss on the union, where the union is concerned; but the plan of the hon. Gentleman to leave out the union and the County Conncil and to throw the whole of the loss on the borough does not appear to me to be a logical or fair way of dealing with the problem.
§ MR. STUARTThe County Council rate would come in.
§ MR. A. J. BALFOURBut it is not equalised over the area of the county council. I would specially point out to 641 the hon. Member that under the existing law there is power to make the parish coterminous with the borough, and to modify union boundaries, so as to prevent them overlapping. On the whole, I advise the Committee not to attempt in this Bill any transfer of the charge from one area to another, for that would raise the very difficult and complicated question of equalisation. I think that if I attempted to touch the fringe of this subject in the somewhat illogical, although well meant, method suggested by the two hon. Gentlemen opposite, we should only be involving ourselves in a very complex question, which, in this Bill, it would be impossible for us to deal with in a broad and comprehensive spirit.
§ * COLONEL HUGHESsaid that if they had equalisation over the boroughs of the loss with regard to empties, that would be an injustice to the poorer parishes in the borough, for it was well known that there were fewer small than large houses empty. Indeed, the loss on empties in most boroughs, and especially in those containing mixed parishes, arose to a great degree with regard to the larger class of property. Therefore, if the loss were spread over the whole borough, poor and rich would alike have to pay, instead of, as at present, the rich paying the greater portion.
§ MR. BARTLEYsaid a great deal of the loss depended on the mode of collection. Islington was a parish which might be considered as very poor, and it certainly got the largest share under the Equalisation of Rates Bill. Yet their losses were, perhaps, smaller than those of any other parish, simply because they had a most efficient system of rate collecting. He held that it was of great importance that the same system should prevail throughout a borough, and he should, therefore, support the Amendment.
§ MR. L. R. HOLLANDsaid he understood the First Lord of the Treasury, when speaking on the question of the equalisation of the charges incurred for duties administered by the London County Council, to support the principle that those charges should be equalised over the whole county council area. That was precisely what this Amendment proposed, viz.,—that where special duties were cast upon a borough council, the 642 cost of performing them should be spread over the whole borough area. As far as the county council rate was concerned, the First Lord of the Treasury had admitted that it should be equalised.
§ MR. A. J. BALFOURI said it was a question which, in my judgment, should not be raised on this Bill. I admitted that there might be good reasons for throwing over the whole county council area any leakage occurring in regard to the county council rate.
§ MR. L. R. HOLLANDsaid they were now considering the amount to be raised to meet the expenses of the borough councils, and he submitted it was clear that that amount should be equally borne by the whole borough. This was, of course a matter of detail, but it was important for the reason that it applied only to two of the scheduled areas. He supported the Bill on the assumption that these areas were suitable areas for homogeneous boroughs, but if they were to be separated in the matter of rate collection, etc., let them be separated in every way.
§ CAPTAIN NORTON (Newington, W.)said the idea of the Bill was to group together a certain number of parishes, taking it for granted that, by so grouping them, districts would be formed which could be better governed than they now were. The right hon. Gentleman had himself agreed to the application of the principle of the Amendment in the matter of the county council rate, yet he would not extend it to the boroughs. Did he not know that there were areas around London where more than one-third of the property consisted of tenement property, and where as much as 25 per cent. discount was allowed to the owner to facilitate the collection of rates? He hoped that in the interests of the poorer districts throughout London the right hon. Gentleman would give way.
§ MR. M'KENNA (Monmouth, N.)said he should like to point out that in the Report of the Royal Commission on Local Taxation this year a recommendation was made on exactly the same lines as the Amendment.
§ MR. LOUGHsaid there was a very small, but, at the same time, a just principle involved in the Amendment, and he 643 hoped the right hon. Gentleman would reconsider his decision. It should be remembered that it was for the benefit of the whole borough that the rates were collected. It was in the poorer parishes that the greatest loss occurred in the collection of rates, and Government proposed to continue that loss, thereby
§ perpetrating a great injustice. He ventured to think there was no charge which could be more fairly spread over the whole borough.
§ Question put—
§ The Committee divided:—Ayes, 103; Noes, 203. (Division List, No. 147.)
645AYES. | ||
Allan, William (Gateshead) | Goddard, Daniel Ford | Philipps, John Wynford |
Allison, Robert Andrew | Gurdon, Sir William Brampton | Pirie, Duncan V. |
Atherley-Jones, L. | Haldane, Richard Burdon | Price, Robert John |
Austin, Sir John (Yorkshire) | Hayne, Rt. Hon.CharlesSeale- | Reid, Sir Robert Threshie |
Baker, Sir John | Hedderwick,ThomasCharlesH | Roberts, John Bryn (Eifion) |
Beaumont, Wentworth C. B. | Hemphill, Rt. Hon. Charles H. | Robson, William Snowdon |
Bhownaggree, Sir M. M. | Holland, Hn. Lionel R. (Bow) | Schwann, Charles E. |
Billson, Alfred | Holland, Wm. H. (York, W.R. | Scott, Chas. Prestwich (Leigh) |
Bolton, Thomas Dolling | Horniman, Frederick John | Shaw, Charles Edw. (Stafford) |
Bryce, Rt. Hon. James | Humphreys-Owen, Arthur C. | Shaw, Thomas (Hawick B.) |
Burns, John | Hutton, Alfred E. (Morley) | Sinclair, Capt. John (Forfar) |
Burt, Thomas | Jones, David Brynmor (Swans'a | Smith, Samuel (Flint) |
Buxton, Sydney Charles | Jones, William (Carnarvonsh.) | Spicer, Albert |
Caldwell, James | Kearley, Hudson E. | Steadman, William Charles |
Campbell-Bannerman, Sir H. | Lambert, George | Stuart, James (Shoreditch) |
Carmichael, Sir T. D. Gibson- | Laurie, Lieut-General | Sullivan, Donal (Westmeath) |
Causton, Richard Knight | Leng, Sir John | Thomas, Alfred (Glamorgan, E. |
Channing, Francis Allston | Lewis, John Herbert | Thomas, DavidAlfred(Merthyr |
Clark, Dr. G. B. (Caithness-sh | Lyell, Sir Leonard | Trevelyan, Charles Phillips |
Clough, Walter Owen | Macaleese, Daniel | Wallace, Robert (Edinburgh) |
Colville, John | M'Arthur, William (Cornwall) | Wallace, Robert (Perth) |
Courtney, Rt. Hon. Leonard H. | M'Kenna, Reginald | Walton, John Lawson (Leeds, S. |
Crombie, John William | M'Leod, John | Warner, Thomas Courtenay T. |
Curran, Thomas B. (Donegal) | Mappin, Sir Frederick Thorpe | Webster, R. G. (St. Pancras) |
Curran, Thomas (Sligo, S.) | Meinil, Sigismuod Ferdinand | Wedderburn, Sir William |
Daly, James | Morgan, J. Lloyd (Carmarthen) | Weir, James Galloway |
Dalziel, James Henry | Morley, Rt. Hn. John (Montrose | Whittaker, Thomas Palmer |
Davies, M'Vaughan-(Cardigan) | Moulton, John Fletcher | Williams, John Carvell(Notts.) |
Davitt, Michael | Norton, Capt. Cecil William | Wilson, John (Govan) |
Dilke, Rt. Hn. Sir Charles | Nussey, Thomas Willans | Wilson, Jos. H. (Middlesbrough |
Donelan, Captain A. | O'Connor, Arthur (Donegal) | Yoxall, James Henry |
Doogan, P. C. | O'Connor, T. P. (Liverpool) | |
Dunn, Sir William | Oldroyd, Mark | TELLERS FOR THE AYES— |
Evans, Samuel T. (Glamorgan) | Palmer, SirCharlesM.(Durham | Mr. Pickersgill and Mr. Lough. |
Fenwick, Charles | Pease, Alfred E. (Cleveland) | |
Gladstone, Rt. Hn Herbert John | Pease, Joseph A. (Northumb.) | |
NOES. | ||
Allhusen, Augustus Henry E. | Brassey, Albert | Cross, Herb. Shepherd (Bolton) |
Anson, Sir William Reynell | Brodrick, Rt. Hon. St. John | Cruddas, William Donaldson |
Archdale, Edward Mervyn | Bullard, Sir Harry | Cubitt, Hon. Henry |
Arnold, Alfred | Butcher, John George | Curzon, Viscount |
Ascroft, Robert | Cavendish, R. F. (N. Lanes.) | Dalkeith, Eail of |
Atkinson, Rt. Hon. John | Cayzer, Sir Charles William | Davies, Sir Horatio D (Chatham |
Bagot, Capt. Josceline FitzRoy | Cecil, Evelyn (Hertford, East) | Dickson-Poynder, Sir John P. |
Baird, John George Alexander | Cecil, Lord Hugh (Greenwich) | Dixon-Hartland, Sir F. Dixon |
Baldwin, Alfred | Chaloner, Captain R. G. W. | Doughty, George |
Balfour, Rt. Hon. A.J. (Manch'r | Chamberlain. Rt. Hn. J. (Birm.) | Douglas, Rt. Hon. A. Akers- |
Balfour,Rt Hn GeraldW(Leeds | Chamberlain, J. Austen (Wore'r | Doxford, William Theodore |
Banbury, Frederick George | Chaplin, Rt. Hon. Henry | Duncombe, Hon. Hubert V. |
Barnes, Frederick Gorell | Charrington, Spencer | Dyke, Rt. Hon. Sir W. Hart |
Bartley, George C. T. | Clare, Octavius Leigh | Fardell, Sir T. George |
Barton, Dunbar Plunket | Clarke, Sir Edward (Plymouth | Fellowes, Hon. Ailwyn Edward |
Beach, Rt. Hn. Sir M.H. (Bristol | Cochrane, Hon. Thos. H.A.E. | Finch, George H. |
Beach, W. W. Bramston(Hants. | Coghill, Douglas Harry | Finlay, Sir Robert Bannatyne |
Begg, Ferdinand Faithfull | Cohen, Benjamin Louis | Fisher, William Hayes |
Bethell, Commander | Collings, Rt. Hon. Jesse | FitzGerald, Sir Robert Penrose- |
Bond, Edward | Compton, Lord Alwyne | Fitz Wygram, General Sir F. |
Boscawen, Arthur Griffith- | Cook, Fred. Lucas (Lambeth) | Fletcher, Sir Henry |
Boustield, William Robert | Corbett, A. Cameron (Glasgow | Folkestone, Viscount |
Bowles, Capt. H. F.(Middlesex | Cripps, Charles Alfred | Forster, Henry William |
Bowles, T. Gibson (Lynn Regis) | Cross, Alexander (Glasgow) | Fry, Lewis |
Galloway, William Johnson | Long, Rt. Hn. Walter (L'pool) | Royds, Clement Molyneux |
Garfit, William | Lopes, Henry Yarde Buller | Russell, T. W. (Tyrone) |
Gibbons, J. Lloyd | Loyd, Archie Kirkman | Ryder, John Herbert Dudley |
Gibbs, Hn. AGB (City of London | Lucas-Shadwell, William | Saunderson, Rt.Hon.Col. E. J. |
Giles, Charles Tyrrell | Lyttelton, Hon. Alfred | Scoble, Sir Andrew Richard |
Gilliat, John Saunders | Macdona, John Cumming | Sharpe, William Edward T. |
Goldsworthy, Major-General | Maclure, Sir John William | Sidebottom, William (Derby) |
Gordon, Hon. John Edward | Maple, Sir John Blundell | Simeon, Sir Barrington |
Gorst, Rt. Hn. Sir John Eldon | Massey-Mainwaring, Hn.W.F. | Smith, Hn. W. F. D. (Strand) |
Goschen, Rt. Hn G.J.(StGeorge's | Melville, Beresford Valentine | Spencer, Ernest |
Goschen, George J. (Sussex) | Meysey-Thompson, Sir H. M. | Stanley, Henry M. (Lambeth) |
Goulding, Edward Alfred | Middlemore, Jhn. Throgmorton | Stanley, Lord (Lanes.) |
Graham, Henry Robert | Milbank, Sir Powlett Chas. J. | Stephens, Henry Charles |
Gretton, John | Milton, Viscount | Stewart, Sir M J. M'Taggart |
Gull, Sir Cameron | Milward, Colonel Victor | Stone. Sir Benjamin |
Gunter, Colonel | Monk, Charles James | Strauss, Arthur |
Hamilton, Rt. Hn. Ld George | Moore, William (Antrim, N.) | Sturt, Hon. Humphry Napier |
Hanbury, Rt. Hon. Robert W. | Mose, Robt. Jasper (Shropshire | Sutherland, Sir Thomas |
Hanson, Sir Reginald | Morgan, Hn. Fred (Monm thsh. | Talbot, Rt. Hn. J.G.(Ox.Univ- |
Haslett, Sir James Horner | Morrell, George Herbert | Thorburn, Walter |
Heaton, John Henniker | Morton. A. H. A. (Deptford) | Thornton, Percy M. |
Henderson. Alexander | Mount, William George | Tomlinson, Wm. Edw.Murray |
Herman-Hodge, Robt. Trotter | Muntz, Philip A. | Tritton, Charles Ernest |
Hoare, Edw. Brodie (Hampstd | Murray, Rt. Hn. A. G. (Bute) | Valentia, Viscount |
Hornby, Sir William Henry | Murray, Charles J. (Coventry) | Warr, Augustus Frederick |
Houldsworth, Sir Win. Henry | Murray, Col.Wyndham (Bath) | Webster,Sir R. E. (Isle of W) |
Houston, R. P. | Northcote, Hon. Sir H. Stafford | Wentworth, Bruce C. Vernon- |
Howorth, Sir Henry Hoyle | Orr-Ewing, Charles Lindsay | Whiteley, George (Stockport) |
Hubbard, Hon. Evelyn | Penn, John | Whiteley,H.(Ashton-under-L. |
Hughes, Colonel Edwin | Percy, Earl | Whitmore, Charles Algernon |
Hutton, John (Yorks, N.R.) | Phillpotts, Captain Arthur | Williams, Col. R. (Dorset) |
Jeffreys, Arthur Frederick | Pierpoint, Robert | Williams, Joseph Powell (Birm |
Jessel, CaptainHerbertMerton | Pilkington, Richard | Wilson, J.W.(Worcestersh. N. |
Johnstone, Heywood (Sussex) | Platt-Higgins, Frederick | Wodehouse, Rt.Hon.E.R.(Bath |
Jolliffe, Hon. H. George | Pollock, Harry Frederick | Wolff, Gustav Wilhelm |
Kennaway, Rt.Hn.Sir John H. | Powell, Sir Francis Sharp | Wortley, Rt. Hn. C. B. Stuart- |
Kimber, Henry | Priestley, Sir W. O. (Edin.) | Wyndham, George |
Lawrence, SirE.Durning-(Corn | Purvis, Robert | Wyndham-Quin, Major W. H. |
Lawrence, Wm. F. (Liverpool) | Pym, C. Guy | Wyvill, Marmaduke D'Arcy |
Lawson, John Grant (Yorks.) | Rentoul, James Alexander | Young, Commander (BerksE.) |
Leigh-Bennett, Henry Currie | Richardson, SirThos.(Hartlep'l | Younger, William |
Leighton, Stanley | Ritchie, Rt.Hn.Chas.Thomson | |
Llewelyn, SirDillwyn-(Sw'nsea | Robertson, Herbert(Hackney) | TELLERS FOR THE NOES— |
Lockwood, Lt.-Col. A. R. | Rollit, Sir Albert Kaye | Sir William Walrond and |
Loder, Gerald Walter Erskine | Round, James | Mr. Anstruther. |
§ MR. STUARTsaid that he had an Amendment on the Paper to omit certain words in Sub-section 3 which he did not quite understand. That sub-section provided that—
Where a borough comprises more than one parish the amount to be raised to meet the expenses of the borough council or other sums payable as part of these expenses shall be divided between the parishes in proportion to their rateable value.Was that meant to include the county rate, the precept from the school board, and other central rates, or not; or was it meant to apply only to the expenses incurred by the county council as such?
§ SIR R. B. FINLAYpointed out that the other rates were already provided for by the Acts.
§ MR. STUARTunderstood that this clause only applied to the expenses in- 646 curred by the county council as such, exclusive of the central cost of expenses in London.
§ SIR R. B. FINLAYdid not think that any such provision was wanted, because it was already provided for.
§ MR. STUARTsaid he regretted very much that this provision did not cover the whole of the rates, central and otherwise, for he thought they would find themselves in a still greater fog than they were in now. Apart from what might arise from loss of collection, he contended that there was no want of logic in his Amendment, which simply provided that all the inhabitants of the borough should be treated in the same way and on the same basis and pay the same general rate. He begged to move his Amendment.
§ Amendment proposed—
"In page 7, line 5, to leave out the words from the words 'shall be,' to the end of the subsection, in order to insert the words 'levied at an equal rate in the pound over the whole borough."'—(Mr. James Stuart.)
§
Question proposed—
That the words proposed to be left out stand part of the clause.
§ MR. A. J. BALFOURI do not know that I have much to add to what I have said before upon this point This question really ought to he considered in connection with the whole subject of leakage, and not in connection with this branch of the subject. I would ask the Committee to resist the very attractive proposal of the hon. Gentleman opposite, which I am convinced would lead us into difficulties and endless complications, and finally into an arrangement which could not be regarded as satisfactory settlement of this subject.
§ MR. LOUGHpointed out that if the only difficulty was in connection with the poor law surely it would be quite easy to arrange a method by which this difficulty could be overcome, and it would be quite easy to carry out the Amendment which his hon. friend proposed. Islington was the largest parish in the Metropolis, and it was now going to be formed into a borough council. If Islington were divided like many other districts so that some of the poor districts would form parishes by themselves, then the loss there would be very great. The reason why the loss there was so little at present was because it was one poor law union and one parish and one borough council, and the loss which arose in poor localities was there spread all over the borough, and that was what they wanted to be the case in the boroughs throughout London.
§ MR. R. G. WEBSTERthought it was desirable to have an equal rate all over London, which should he defined in the Bill. In the constituency which he had the honour to represent there was the richer district of Regent's Park, and the very poor district of Somers Town, which was probably one of the poorest districts
§ in London. If they were going to form other parishes, they should be uniformly rated and assessed, and uniformly managed. Suppose he lived on one side of the street and his rates were 5s. in the pound, and he found that on the other side of the road his richer neighbours in a different ward were rated at 4s. 6d. in the pound, naturally he would consider that he was hardly living in the same borough. He thought this was a question upon which the Government might do something for the uniformity of rating.
§ MR. STEADMAN (Tower Hamlets, Stepney)said he rose for the purpose of obtaining some information from the Government. Under the Schedule Poplar was already scheduled as a borough council. Whitechapel, Mile End, St. George's, and Limohouse, were still left to be scheduled. Assuming that Mile End and Limehouse were scheduled as one borough they would then have two parishes with two Poor Law administrations. In Limehouse the rates were 6s. 4d., and in Mile End 6s. 8d. If they were made into one borough he wished to know would the rates remain the same? Then, again, the Mile End Union believed in granting outdoor relief, and paid £4,000 a-year in that way; on the other hand, Limehouse did not believe in outdoor relief, and the result was that the poor rate was much lower. Were they to understand that under this Clause Limehouse and Mile End would still continue to administer the poor rate in their own way? So far as the equalisation of rates was concerned it was based upon population, and if Limehouse and Mile End were made one borough Mile End would lose under the new borough council system unless the equalisation was going to be administered in accordance with the present state of things.
§ MR. McKENNAcontended that if they had different rating authorities they would never get any uniform rating at all.
§ Question put.
§ The Committee divided:—Ayes, 149; Noes, 73.—(Division List No.
649AYES. | ||
Allhusen, Augustus Hy. Eden | Ascroft, Robert | Balfour, Rt. Hon. A. J. (Manch' |
Anson, Sir William Reynell | Atkinson, Rt. Hon. John | Balfour, Rt. Hn. G. W. (Leeds |
Archdale, Edward Mervyn | Bagot, Capt. Josceline FitzRoy | Barnes, Frederic Gorell |
Arnold, Alfred | Baird, John George Alexander | Barton, Dunbar Plunket |
Beach, Rt. Hn. Sir M.H.(Bristol | Gorst, Rt. Hn. Sir Jn Eldon | Murray, Charles J. (Coventry) |
Beach, W. W Bramston (Hants. | Goschen, Rt. Hn GJ (St. George's | Murray, Col. Wyndham (Bath |
Bethell, Commander | Goschen, George J. (Sussex) | Orr-Ewing, Charles Lindsey |
Blakiston-Houston, John | Graham, Henry Robert | Percy, Earl |
Bond, Edward | Gretton, John | Phillpotts, Captain Arthur |
Bousfield, William Robert | Gunter, Colonel | Pierpoint, Robert |
Bowles, Capt. H.F. (Middlesex | Hamilton, Rt. Hn. Lord George | Pilkington, Richard |
Brodrick, Rt. Hon. St. John | Hanbury, Rt. Hn. Robert Wm. | Piatt-Higgins, Frederick |
Bullard, Sir Harry | Hanson, Sir Reginald | Powell, Sir Francis Sharp |
Cayzer, Sir Charles William | Haslett, Sir James Horner | Purvis, Robert |
Cecil, Lord Hugh (Greenwich) | Heaton, John Henniker | Pym, C. Guy |
Chaloner, Captain R. G. W. | Helder, Augustus | Richardson, Sir T. (Hartlepool |
Chamberlain, Rt. Hn. J. (Birm. | Henderson, Alexander | Ritchie, Rt. Hn. Chas. Thomson |
Chamberlain, J. Austen (Wore'r | Hermon-Hodge, Robt. Trotter | Robertson, Herbert (Hackney) |
Chaplin, Rt. Hon. Henry | Hoare, Edw. Brodie (Hampstd.) | Rollit, Sir Albert Kaye |
Clare, Octavius Leigh | Hornby, Sir William Henry | Russell, T. W. (Tyrone) |
Cochrane, Hon. Thos. H. A. E. | Houston, R. P. | Ryder, John Herbert Dudley |
Coghill, Douglas Harry | Howorth, Sir Henry Hoyle | Scoble, Sir Andrew Richard |
Cohen, Benjamin Louis | Hubbard, Hon. Evelyn | Sharpe, William Edward T. |
Collings, Rt. Hon. Jesse | Hughes, Colonel Edwin | Sidebottom, Wm. (Derbysh.) |
Compton, Lord Alwyne | Hutton, John (Yorks., N.R.) | Smith, Hn. W. F. D. (Strand) |
Cook, Fred. Lucas (Lambeth) | Jeffreys, Arthur Frederick | Spencer, Ernest |
Cripps, Charles Alfred | Jessel, Capt. Herbert Merton | Stanley, Lord (Lancs.) |
Cross, Alexander (Glasgow) | Kimber, Henry | Stone, Sir Benjamin |
Cross, Herb. Shepherd (Bolton) | Lawrence, Sir E. Durning-(Corn | Thorburn, Walter |
Cubitt, Hon. Henry | Lawson, John Grant (Yorks.) | Thornton, Perey M. |
Curzon, Viscount | Leigh-Bennett, Henry Currie | Tomlinson, Wm. Edw. Murray |
Dalkeith, Earl of | Loder, Gerald Walter Erskine | Usborne, Thomas |
Davies, Sir Horatio D. (Chath'm | Long, Rt. Hon. W. (Liverpool) | Valentia, Viscount |
Donkin, Richard Sim | Lowles, John | Warr, Augustus Frederick |
Doughty, George | Loyd, Archie Kirkman | Webster, Sir R. E. (Isleof Wight) |
Douglas, Rt. Hon. A. Akers- | Macdona, John Cumming | Wentworth, Bruce C. Vernon- |
Doxford, William Theodore | Maclure, Sir John William | Whiteley, H. (Ashton-under-L. |
Duncombe, Hon. Hubert V. | Massey-Mainwaring, Hn. W. F. | Whitmore, Charles Algernon |
Dyke, Rt. Hn. Sir William Hart | Melville, Beresford Valentine | Williams, Colonel R. (Dorset) |
Fardell, Sir T. George | Meysey-Thompson, Sir H. M. | Williams, Joseph Powell-(Birm |
Fellowes, Hon. Ailwyn Edward | Middlemore, J. Throgmorton | Wilson, J. W. (Worcestersh. N. |
Finlay, Sir Robert Bannatyne | Milward, Colonel Victor | Wolff Gustav Wilhelm |
Fisher, William Hayes | Montagu, Hn. J. Scott (Hants. | Wortley, Rt. Hn. C. B. Stuart- |
FitzGerald, Sir Robert Penrose- | Moore, William (Antrim, N.) | Wyndham, George |
Forster, Henry William | More, Robt. Jasper (Shropshire | Wyndham-Quin, Major W. H. |
Fry, Lewis | Morgan, Hn. Fred.(Monm'thsh | Young, Commander (Berks, E.) |
Garfit, William | Morrell, George Herbert | Younger, William |
Gibbons, J. Lloyd | Morton, Aithur H. A. (Deptford | |
Giles, Charles Tyrrell | Mount, William George | TELLERS FOR THE AYES— |
Gilliat, John Saunders | Muntz, Philip A. | Sir William Walrond and |
Goldsworthy, Major-General | Murray, Rt. Hn A Graham (Bute | Mr. Austruther. |
NOES. | ||
Allan, William (Gateshead) | Gladstone, Rt. Hn. Herb't John | Pease, Joseph A. (Northumb.) |
Atherley-Jones, L. | Goddard, Daniel Ford | Pickersgill, Edward Hare |
Austin, Sir John (Yorkshire) | Goulding, Edward Alfred | Pirie, Duncan V. |
Baker, Sir John | Gurdon, Sir William Brampton | Roberts, John Bryn (Eifion) |
Bartley, George C. T. | Haldane, Richard Burdon | Robson, William Snowdon |
Bryce, Rt Hon. James | Hayne, Rt. Hon. Charles Seale- | Schwann, Charles E. |
Burns, John | Hemphill, Rt. Hn. Charles H. | Shaw, Chas. Edw. (Stafford) |
Burt, Thomas | Horniman, Frederick John | Sinclair, Capt. John (Forfarsh. |
Buxton, Sydney Charles | Humphreys-Owen, Arthur C. | Spicer, Albert |
Caldwell, James | Jones, David Brynmor (Swans'a | Steadman, William Charles |
Campbell-Bannerman, Sir H. | Jones, William (Carnarvon) | Stewart, Sir Mark J. M'Taggart |
Causton, Richard Knight | Kearley, Hudson E. | Sullivan, Donal (Westmeath) |
Clark, Dr. G. B. (Caithness-sh. | Lambert, George | Thomas, Alfred (Glamorgan, E. |
Clough, Walter Owen | Laurie, Lieut.-General | Thomas, David Alf. (Merthyr) |
Colville, John | Leng, Sir John | Wallace, Robert (Edinburgh) |
Curran, Thomas (Sligo, S.) | Lewis, John Herbert | Walton, Jn. Lawson (Leeds, S. |
Daly, James | Lough, Thomas | Warner, Thomas Courtenay T. |
Dalziel, James Henry | Macaleese, Daniel | Webster, R. G. (St. Pancras) |
Davies, M. Vaughan-(Cardigan | M'Kenna, Reginald | Wedderburn, Sir William |
Davitt, Michael | M'Leod John | Weir, James Galloway |
Dickson-Poynder, Sir John P. | Moulton, John Fletcher | Whittaker, Thomas Palmer |
Dilke, Rt. Hon. Sir Charles | Norton, Capt. Cecil William | Williams, John Carvell (Notts. |
Doogan, P. C. | Nussey, Thomas Willans | |
Dunn, Sir William | O'Connor, Arthur (Donegal) | TELLERS FOR THE NOES— |
Fenwick, Charles | Oldroyd, Mark | Mr. James Stuart and Mr. |
Foster, Sir Walter (Derby Co.) | Pease, Alfred E. (Cleveland) | Robert Wallace (Perth) |
§ MR. CRIPPSsaid he thought the Amendment he had now to propose would make the rate quite general, although he did not think that it was a question upon which it would be necessary to divide the Committee.
§
Amendment proposed—
In page 7, line 7, to leave out from beginning, to 'shall,' in line 9, and insert 'Where any rate is required to be levied over a portion only of a borough, such rate.'"—(Mr. Cripps.)
Question proposed—
That the words proposed to be left out stand part of clause.
§ SIR R. B. FINLAYthought this was a point upon which opinions might differ, but they preferred the words in the Sub-section, which covered the whole ground, and were a little more precise.
§ MR. STUARTasked if he was right in supposing that the object of this Amendment was to enable the overseers appointed by the borough council to act in the various parishes under all circumstances?
§ MR. CRIPPSreplied that the hon. Member for Hoxton was quite right in assuming that that was the motive of his Amendment. He understood from the learned Solicitor-General's reply that all the cases were already covered, and under the circumstances he asked leave to withdraw his Amendment.
§ Amendment, by leave, withdrawn.
§ Clause, as amended, agreed to.
§ Clause 11:—
§ MR. LOUGH, in moving to omit Sub-section (1), said he wished to substitute a more uniform system for the anomalous system which at present existed. He thought this Amendment would at any rate be a suitable opportunity for the Government to explain what they intended to do with regard to the question of the overseers. Practically, the whole matter was settled in this clause, and the first Sub-section gave the council of each borough the duty and power of appointing overseers. London was almost unanimous that the present system was not the best one to adopt, and that the borough councils themselves should be overseers. The effect of this Sub-section, if adopted, 652 would be to establish several bodies of overseers with separate offices and separate staffs.
Amendment proposed—
In page 7, line 13, to leave out Sub-section (1)."—(Mr. Lough.)Question proposed—That the words 'After the appointed day stand part of the clause.
§ MR. A. J. BALFOURThe hon. Member who has just sat down has made an appeal to the Government to state their views upon this question. We quite agree that the overseers should be under the control of, and should be appointed by, and responsible to, the borough council. We also hold that they should be personally liable for the conduct of their important functions. The Local Government Board has always held this view very strongly, and, in so far as that Department is concerned, they have declined to allow personal responsibility to be merged in corporate responsibility. The advantage of that is quite clear. The duty of overseers is twofold, and with regard to both sets of their functions personal responsibility should be retained. They are responsible for the collection of the rates, and also for the preparation of the lists. So far as the collection of rates is concerned, it certainly seems right that there should be the power of legal remedy against persons responsible for these great financial transactions, involved in which are the personal rights of the individual ratepayer, and by a parity of reasoning it is most important that in the Imperial duty of the preparation of the lists there should be a remedy, not against the corporation, but against individuals, for wrongs done, or which might be done, to other individuals in their capacity as citizens, and as persons who had a right to take part in the direct government of the country. If the duty of collecting the rates and preparing the lists is in any way merged in the corporation, everybody knows that personal responsibility will entirely cease. That is the reason why the Government has not adopted the plan which exists in the case of one or two vestries in London at the present time—namely, the plan of making the vestry, or, in any case, the Board of Guardians, overseers, in their corporate capacity. We entirely agree with hon. Gentlemen who favour this 653 Amendment in desiring that the functions and appointments of overseers and the management of their work should be put in the hands of the new borough councils. We do not wish to deprive them of any part of the functions and duties which they may desire to perform. I shall, therefore, be prepared, if it will meet the views of hon. Gentlemen, to make it obligatory that the overseers shall be members of the borough council. If that is done, it is clear that the overseers would practically be a committee of the borough council, personally liable, no doubt, to outside suitors for the performance of their duties, but as regarded the borough council, they will be a committee. I cannot see that that is in any sense derogatory to the borough council. It is well known to the Committee that borough councils in the provinces have only the management of their own police in the sense that there is a committee composed of their members, called the Watch Committee, which is responsible for the police, and for law and order within their area. The fact that there is a statutory committee dealing with such matters is not derogatory to the great provincial borough councils, nor do I see that it would be in any sense derogatory to the new boroughs which are being created if we were in a somewhat similar, though not absolutely identical, fashion to throw the duties of the overseers upon what would be a committee of the members of each council. By that arrangement we shall certainly preserve what the Local Government Board attaches great value to—namely, personal responsibility; and therefore I shall be quite satisfied to have this committee. On the other hand, I should have thought those hon. friends of mine who desire to see the borough councils thrown into closer touch with the work of the overseers would find in the solution I have provided a plan which would meet their wishes. I hope, if it does not give them everything they desire, they will recognise that, at all events, it is a step in the direction of their wishes, and that they will be content to accept the plan I place before them.
§ MR. SYDNEY BUXTONthought that the proposal of the right hon. Gentleman the First Lord of the Treasury was better than the proposal contained in the Bill, because under it it was obligatory for the overseers to become members of the 654 borough councils. But, nevertheless, the overseers would still have everything in their hands; the power would not pass into the hands of the whole borough councils, but into a committee. He himself thought it would have been much better if the previous proposal had been accepted, because in 1894 the Local Government Board were given the power to transfer the powers of overseers to the vestries, and, as a result, at the present time it was in the hands of no less than 15 of the most important vestries in London. So far as he was aware, no difficulty had arisen with regard to the matter, and the only argument adduced against the power of the overseers being given to the new borough councils was that, as they acted in the corporate capacity, it would be difficult for an individual to obtain any remedy from them. That might be so, but at all events he would be able to obtain it through the town clerk, who is responsible, and so far as any action could be brought at all it could be brought against him.
§ MR. A. J. BALFOURYou cannot distrain on the town clerk.
§ MR. SYDNEY BUXTONthought there was no case where an individual bringing an action against the town clerk could not recover. Looking at the fact that these powers were already in the possession of 15 vestries, he did not see that there was any reason for withholding them from the new bodies to be created by the Bill. He hoped that the right hon. Gentleman would reconsider the matter. In his opinion the borough councils certainly ought to be the overseers, and having regard to the excellent manner in which the corporate capacity had worked he should support the Amendment if it went to a Division.
§ SIR ALBERT ROLLIT (Islington, S.)said the progress that had been made with the Bill was due to the manner in which the right hon. Gentleman the First Lord of the Treasury had laid himself open to consider representations from both sides of the House. In this particular instance he sincerely hoped that the right hon. Gentleman would have regard to the views which had been expressed, and that 655 he would reconsider this point before the Report stage. It was alleged against the proposal that a corporate body could not afford such security as an individual, but in his opinion the security which it could afford was much greater than any which could be given by an individual. Instances had been given in which it was shown that this power in the hands of a corporate body was most advantageous. A corporation could be indicted. He did not see that the matter in question could be in any way compared to a Watch Committee. The Watch Committee was an institution which no doubt worked well, but in this case, as he understood, there was not to be a committee of several members, but one or two persons only were to be responsible. The difficulty, in his opinion, would be to get councils to appoint men who would be personally responsible. All that he desired was that the matter should be reconsidered. This clause was a vital one to those vestries which already possessed the power. If it were allowed to go through in the present form, it would, in his opinion, cause a feeling of intense disappointment in the metropolis.
§ CAPTAIN NORTONpointed out that power had been given to transfer these duties to the vestries, and it could not be denied that certain parishes did exercise them with great satisfaction and advantage, and where the duties were not performed by the vestry, four gentlemen, who were not paid, were appointed for the purpose. He thought that when the new boroughs came into existence it would be impossible for the councils to appoint a sufficient number of persons whose knowledge of the borough was such that they could undertake those functions. He certainly thought these duties should be performed by the boroughs themselves, and the responsibility could, if necessary, be fixed on the town clerk. He believed that in a large number of parishes the overseers had been influenced by large local interests, with the result that certain property had been under-rated. The practice was rampant, and for years the public-houses in many parishes had been under-rated to a scandalous degree. The voters' lists were simply copies of the rate book and nothing more, and in certain parts of poor parishes where the property was principally tenement property, where the compounders were supposed to make 656 an annual return, either a most imperfect one, or none at all was made, in consequence of which hundreds of voters were disfranchised. Having regard to the important duties which devolved upon the overseers, he thought those functions ought to be performed by the local governing body. He hoped, therefore, that the right hon. Gentleman would reconsider this matter and place the responsibility for those duties where it ought to be—namely, in the hands of the popularly elected bodies of the districts.
§ * COLONEL HUGHESsaid the difficulty which would have to be faced would be the opposition of those vestries which had undertaken the duties of overseers. In some cases the power went back to 1818, and those who had exercised those powers for many years were not likely to forego them without a struggle. There were, no doubt, many objections to independent overseers. As soon as they were appointed they could do just what they liked for a twelvemonth, and if the vestry or anybody else spoke to them as to the way in which they performed their duties, their reply simply was that they were elected for that period and they would do as they pleased. Nobody could see what they were doing. He did not suggest that they would do anything wrong, but, after all, overseers were only human like other people. If the councils were called upon to perform the duties of the overseers, the chief of which was to make the rate, they would feel a very much higher responsibility than any vestry. They would be responsible for their own part, and for the explanation of the other part. Those vestries which had possessed these powers for many years would be loth to give them up, and it would be a great improvement in administration that these independent borough councils should make the rates and be responsible for them, rather than that half-a-dozen individuals should do so who were absolutely irresponsible. It had been contended that most of the objections to this clause would be met by there being a statutory committee of the council; but in the one case the borough council would be responsible, and in the other the gentlemen forming the committee would be responsible to no one, not even the borough council. They could meet when they liked, and the council could ask them no questions. The duty of the 657 borough council was to govern the borough, and they could not do so properly unless they exercised the functions of the overseers of the borough direct.
§ MR. PICKERSGILLsaid that if the announcement of the First Lord of the Treasury as to the overseers' clause was to be regarded as the final decision of the Government, it would cause the greatest disappointment to both sides of the House, and also to the public at large. What was the proposal which the right hon. Gentleman now submitted, and which he asked the House to accept in place of the Amendment lower down on the Paper? In the first place the overseers were to be members of a borough council. That was a very small concession; in fact, no concession at all, because in practice overseers were, as a rule, members of the vestry now. Then, in the second place, the overseers were to be a committee of the council, and he thought the right hon. Gentleman also said that they were to be under the control of the council. But if they were to be under the control of the council it was clear that that was altogether inconsistent with personal responsibility on the part of the overseers. It would be impossible to impose upon the overseers a statutory responsibility, and at the same time to place them under the control of the council. They would naturally say if the council passed their resolution under which they objected, "It is impossible for us to accept your resolution, because responsibility is placed by law upon our shoulders, and we must, decline therefore, to do as you tell us, lest a worse thing should befall us in incurring the heavier penalties of the law." If personal responsibilities were to be imposed, the overseers could not be in any real sense of the term a committee of the council. The right hon. Gentleman attached too much importance to merging personal responsibility in corporate responsibility, He ventured to think that up to the present time the value of personal responsibility had been very slight. It was notorious that in many cases the overseers discharged their duties in a most inadequate and negligent way. In how many cases had proceedings been taken against overseers? In how many cases had an attempt been made to enforce the responsibility of which so much was 658 made by the light hon. Gentleman, and in what percentage of the cases brought had the overseer been held to be liable? He ventured to think that the cases could be numbered almost upon the fingers of one hand. With regard to the apprehensions of the right hon. Gentleman as to the taking away of the personal responsibility, he pointed out to the Committee that the House did not entertain them. The House contemplated the powers, duties, and liabilities of overseers being transferred to a corporate body. Only a few years ago, by the Local Government Act of 1893–4, Section 33, Parliament enacted as follows—
The Local Government Board may, on the application of the council of any municipal borough, make an order conferring upon that council any powers, duties, or liabilities of overseers.What was the answer to that? The answer which the right hon. Gentleman gave was that as a matter of fact the Local Government Board had not in a single instance exercised those powers. Very great complaints from all parts of the country had been made against the Local Government Board, and the fact was that the Local Government Board were assuming a power which a mere administrative department ought not to assume. In 1893–94 Parliament clearly contemplated that there were cases in which it would be right to transfer the powers, duties, and liabilities of overseers to a corporate body. The Local Government Board said, "No; there are no cases in which we will transfer those powers." He therefore ventured to say that the Local Government Board were now really flying in the face of that Act of Parliament. He cited this section of the Act as showing that Parliament did not fear what the right hon. Gentleman expressed himself as so much afraid of—namely, the merging of personal responsibility, because Parliament always contemplated that there might be cases in which it might be proper that the personal liability should he merged in a corporate liability. It was apparently suggested by the right hon. Gentleman that Parliament would be helpless in the face of a corporate body which failed to do its duty. The right hon. Gentleman seemed to have forgotten the writ of mandamus, which would bring the most obstinate body very rapidly to its knees. In fact, he did 659 not hesitate to say that a writ of mandamus against a corporate body would-be more rapid in its effect than an action against overseers. But one of the strongest arguments against the Bill as it stood was that there were more than a dozen vestries in London which were already entitled to exercise, and which did exercise, the functions of overseers; and he spoke the more freely upon this point because a parish in Bethnal Green, a part of which he represented, was one of the vestries which was entitled to exercise the duties of overseers. He submitted that the proposals of the Bill ware distinctly retrograde. The vestries which were already entrusted with powers had good right to complain if the powers which they had enjoyed so long, and in the exercise of which they had not, so far as he knew, incurred any censure, were taken away from them. So far as the financial operations were concerned, surely the responsibility of a corporate body was far more effectual and far better security than that of an individual. As to the question of expense, the Bill expressly indicated that it should be the duty of the borough council to provide and maintain the office of the overseer. It must be obvious that the expense of providing and maintaining a separate office for the overseers would be considerably greater than the expense which it now incurred when the duties of overseers were performed as part of, and along with, other duties which the vestry had to perform. On all these grounds he hoped the decision of the Government was not final, and that, yielding to representations from both sides of the House, they would accede to the substance of the Amendment standing lower down in the Paper.
§ MR. LOWLES (Shoreditch, Haggerston)ventured to join in the appeal made by the hon. Gentleman opposite. If they were to collect and analyse the opinion of the provincial boroughs, which had been so largely quoted in the course of the discussion, they would find they were unanimously against the perpetuation of a system which ought long ago to have been obsolete, and which had been found in practice disadvantageous from every point of view. He held in his hand a letter from the controller and auditor of the Borough of Liverpool, in which he strongly supported the proposal to make 660 the important changes suggested by the Amendment. The Town Clerk of Wakefield wrote him in a similar sense, and the whole of the municipal boroughs throughout the country urged the reform in the direction of the Amendment. As had been urged by several speakers, they could quote practice in support of the proposal. No fewer than 13 metropolitan authorities—and those the most important and progressive and best managed of the Local Authorities of London—had for a long time enjoyed, under certain local Acts, the privilege of making the rates directly by the vestry. In the case of Shoreditch, the privilege had been enjoyed for nearly 100 years; and the opportunities he had had for comparison convinced him that the advantage was all on the side of the vestry, which had the powers vested directly in itself. He could easily imagine that if they duplicated offices they doubled expenses. He did not see why they should want to perpetuate an anomaly in place of securing throughout London a very important reform. He ventured to say, as against any sentimental objection, that the practical advantage of the proposed reform was so manifest that it ought to have weight with the Government.
§ SIR J. DICKSON-POYNDER (Wiltshire, Chippenham)begged to associate himself with hon. Members opposite, and many hon. Members on his own side of the House, in making a strenuous appeal to the Government to listen to their suggestions with regard to the question of overseers. The compromise that the Government had suggested was, in effect, that they would allow the Local Government Board to appoint certain overseers, provided those overseers were members of the borough council. Without going back in any way upon what they had laid down in that clause, he suggested to the Government that they might utilise a subsequent clause in the Bill, namely,—Clause 15, Sub-section c, which provided that a Committee of the Privy Council might have powers to exercise the duties which the Local Government Board exercised in the past. It was generally understood that the unanimous desire of all the London boroughs was that they should have the control of the overseer's themselves; and if the Committee of the Privy Council, when they were working out their scheme for the 661 future, approached the boroughs, he was perfectly certain that that would be found to be the fact. The Privy Council might very well be left to decide the matter.
§ * MR. SHARPE (Kensington, North)said his constituents were very strongly in favour of the borough council obtaining the power which was now exercised by the vestry. He must say that he did not regard the argument of the First Lord of the Treasury about the personal responsibility as a fatal objection. It seemed to him that pressure could be brought by mandamus against the corporate body, and would have as much effect as against individuals, and he hoped the Government would see their way to allow the change proposed. Next to that, the suggestion of the First Lord of the Treasury seemed to open the way for conciliation between those holding opposite opinions, namely, that the councils should appoint overseers from their own bodies. It had been suggested to him that there would be a difficulty as to whether members of the council would be willing to act as overseers. However, if the statutory obligation were thrown upon them, he could not but think that the members of the council would have sufficient local patriotism to rise to the occasion. He thought that if it were provided that the overseers should not be too numerous, the views of hon. Members on both sides might be harmonised, but he trusted that whatever might be done, the selection of overseers would be confined to the council itself.
§ MR. W. F. D. SMITH (Strand, Westminster)desired to associate himself with the remarks made on both sides of the House as to this question. He hoped very earnestly that the Government would be ready to reconsider their decision. He hardly liked to say it, but he really did not think the proposal that the Government had made could, in effect, be called much of a concession at all. The committee which the Government proposed to appoint would not report their proceedings to the council, but they were to have the whole management of the duties of overseers in their power, without reference to the council of which they were members. It really seemed to him that they might as well not be members of the council. Reference had been made to the various vestries which already had the power, and he confessed that if the 662 Government had brought forward one single instance of fraud in levying rates, or in the preparation of the voters' list, he would have been prepared to take up a different position. But no such case had been brought forward.
§ MR. KIMBER (Wandsworth)said he quite concurred in the criticisms which had been made, and agreed with the hon. Gentleman opposite in regard to the object he desired to obtain. He ventured to suggest, however, that a much more simple way of achieving the object which seemed to be desired would be by adopting the phraseology of the Government clause, and making a series of very simple verbal alterations, instead of the long clause which the hon. Member had so carefully prepared.
§ MR. MARKS (Tower Hamlets, St. George's)said that while there had been quite exceptional unanimity amongst the London Members in favour of the abolition of overseers on the new borough councils, not a single argument had been adduced in support of the retention of overseers as they at present existed. The institution of overseers was an antediluvian office, without honour, without distinction, and almost without utility. There was no duty which the overseers now perform which the new borough councils could not perform equally well, and, perhaps, with greater usefulness. He sincerely hoped that the Government would see their way to make some substantial and useful concession to the body of opinion on both sides of the House. This was not a question which involved a high political principle, but it was a matter of extreme importance to the proper discharge of the duties of the new councils. Both sides of the House were practically unanimous, and the Government would be wise to give way.
§ * SIR T. G. FARDELL (Paddington, S.)said that under an old Act of George IV. the overseers in Paddington had always been members of the vestry, and, having been himself a member of the vestry for 22 years, he could say that it had answered perfectly well. As an illustration that it was an advantage to have overseers in place of a committee he said that two years ago, when there was a wide difference of opinion in regard to the manner in which the list of 663 voters had been prepared, the revising barrister had the overseers up before him, and threatened to inflict all sorts of pains and penalties upon them. He believed that when they had important duties to perform, it was not so well to appoint a committee of the council, as to elect two or three to represent the body. He believed what the First Lord of the Treasury had in his mind was expressed in an Amendment by his hon. friend the Member for Bow, that it should be the duty of every borough council to appoint certain numbers of their members to act under the direction and authority of the council in all matters relating to the duties of overseers.
§ MR. L. R. HOLLANDcould not understand how the Government considered that these duties would be better discharged by overseers than by the borough councils. There were 13 vestries now in London which discharged the duties of overseers, and no one could say that their duties had not been well discharged. The opinion of the Local Government Board must not be allowed to overrule the practically unanimous opinion of those who were interested and took part in local government work, and certainly it ought not to be allowed to interfere with the actual efficient working of this Bill. The Bill was intended to promote simplification, but it would promote further complications. It was intended to reduce the number of subsidiary bodies, but it would, in many districts, increase their number. It was intended to increase the powers and dignity of the borough councils, but the tendency of the Bill was to strip many of the vestries of many of the powers which they at present possessed. He believed the opinion of the Local Government Board on this matter rested on a very shadowy basis. The overseers at present had no appreciation of their duties, and no appreciation of the pains and penalties which might be inflicted on them. In many of the districts the overseers were small shopkeepers, on whom it would be absurd to distrain, and therefore the safeguard to which the Local Government Board attached such value was quite unreal. As a matter of fact, now the duties of the overseers were performed, and would continue to be performed, by the officials of the borough councils. It was clear, therefore, that those officials should have no divided 664 loyalty, but that their services should be devoted to the borough council, and not to a separate body.
§ * MR. COHEN (Islington, E.)said that the House was absolutely harmonious, the London Member's were unanimous, and on a matter of London government the voice of London's representatives should be hoard when they asked for an arrangement which had been proved to be economical and in every way advantageous. There were countless reasons which could be given in support of the Amendment, and he had been perplexing his mind what could be the reason for the Government refusing it.
§ MR. JOHN BURNS (Battersea)The Local Government Board.
§ * MR. COHENOh! he dismissed the Local Government Board. He did not think the Local Government Board should be heard on a question of local government when it had been shown to be in absolute and diametric conflict to the voice of the representatives of London. The First Lord of the Treasury had said that he desired to have councillors as overseers, not in their corporate capacity, but as individuals who could be held responsible. He did not think there was much in the argument.
§ MR. A. J. BALFOURWhat I said was that, of course, the overseers would remain exactly as they are, personally responsible. But, as they will all be appointed by the borough council from the members of the borough council, they would, from the point of view of the borough council, be practically a committee of the council.
§ * MR. COHENthanked the right hon. Gentleman for the explanation, but he still remained perplexed. This was an arrangement which did not give the right hon. gentleman what he wanted, namely, the individual responsibility, while it did not give the representatives of London what they wanted, the corporate responsibility in the management of their affairs. This was no capricious desire on their part. The arrangement had been tried, and proved to be successful. He had a return before him which showed that out of a rateable value of over 25 millions the rates on 15 millions were made and collected 665 directly by existing vestries; and that the average in the £ of the rates so collected was 5s. 10¼d., as against an average of 6s. 4½d. in the parishes where the rates were collected by overseer or other bodies.
§ MR. A. J. BALFOURWhich are the richest vestries?
§ * MR. COHENsaid the return did not show that, but those that were the lowest were St. George's-in-the-East, Plumstead, Bermondsey, Camberwell, Mile End, Rotherhithe. His right hon. friend might be assured that the return was made up less according to the wealth of the various parishes than according to the rateable value which assured their income. But he did not press this matter soley on the ground of economy, but because it was almost the unanimous desire of London expressed through its representatives.
§ MR. BOUSFIELD (Hackney, N.)said the objections of the Government to the Amendment were rather theoretical than practical, and until it was shown that it was easier to deal with individual overseers than with the different vestries, the objection would remain theoretical. When they imposed public duties on these public bodies, reliance ought to be placed on their public spirit. The Government should give way to the unanimous expression of opinion on the part of the London representatives, as well as those vestries and people who were practically acquainted with local government.
§ MR. R. G. WEBSTERsaid he wished to add his voice to the chorus of opinion in favour of the Amendment. The local authority of St. Pancras, which returned four supporters of the Government, carried out the duties of overseers by a finance committee, and they did their duty very well. They were told that the finance committee had not personal responsibility. He should like to ask if the overseers were really responsible. In some cases they collected as much as a million sterling of rates, and he ventured to say that, if called upon, they could not pay £500. If the overseers, or overlookers, who had overlooked every duty they had had to perform, were absolutely abolished, the duty could be carried out by thoroughly efficient 666 officials. Why should hon. Members pay £100, or £200, every year for registration expenses instead of the work being done by Government officials, as was the case in Scotland, and in some parts of Ireland? He wondered why the Government in this matter did not take into their counsels some of their supporters in the east and south, or even the north, of London.
§ MR. A. J. BALFOURI am bound to say that the unanimity of the London Members, when they are unanimous, is marvellous, as Sheridan observed on a similar occasion. While I have listened to a great number of speeches on both sides of the House, all pointing in the same direction, I confess they do not seem to me to grasp the real point. Remember that London in this respect is not in any sense peculiar. Lists have to be prepared and rates collected in other places besides London. Over the whole of England, municipal and non-municipal, the system of personal responsibility, which is that which I desire to maintain in the Bill, is maintained practically intact. To tell me that London Members are unanimous is not to tell me quite enough. This is not a matter peculiar in London. If we say that in London every borough is to be the authority for the purpose of the collection of rates and the preparation of lists, of course the case is given away for the whole of England.
§ MR. A. J. BALFOURMy hon. friend who wants that change very naturally cheers the sentiment, but nine-tenths of the members who are listening to me are Members for London constituencies and are not members for England—outside London. This question cannot be decided on a debate confined to London. Hon. Members for London practically desire to settle a controversy in which all England is as much concerned, and as directly concerned, as they are. That, it will be admitted, is a very strong argument for consideration. It is perfectly true that there have been a certain number of private Acts giving to individual bodies the power now desired to be given to all London, but the option has been endorsed by no general Act applying to all cases. The only power at all approaching this which the House of Commons has given 667 to any body is the power given by the Act of 1894 to the Local Government Board, and which was a power, not of making local bodies overseers, but only a power of appointing overseers.
§ MR. STUARTsaid that by Section 33 of the Act of 1894 local bodies might be made overseers.
§ MR. A. J. BALFOURI have got the section, and I read it in a different sense from the hon. Member. I rather think that the Local Government Board also have interpreted it in a different sense. The power thus conferred on the Local Government Board six years ago has never once been used in giving to any body the duty of the overseers. I think that everybody must feel that, taking so great an initiative on a large scale, of making the overseers a corporate body with no personal responsibility, is taking a departure which ought only to be taken after the fullest reflection, after the most careful examination of its effect, both in the country and in London, and after opinion in the country, as well as opinion in London, has been consulted. I cannot consent, at the present stage of the Bill, to accept the opinion which has been so unanimously pressed upon me by my hon. friends. I admit that that unanimity is a fact which the Government cannot ignore. It must, however, be taken into most careful and deliberate consideration, and I am sure the London Members will feel for me that I am not unduly obstinate or unduly wedded to the opinions I have expressed to the House when I say that in view of the general and national bearings, on England, at all events, and the decision which the House of Commons is asked to give to-night, they must give me time between now and the Report stage to consider the opinions expressed. I can promise them that I will give it—with the assistance of such advice as I can obtain from the Local Government Board—the most impartial consideration. In the opinion of the Local Government Board personal responsibility has proved a great check in the past. I shall examine that very carefully; and I am sure if I can show the House that personal responsibility in this matter is a vital and important question over a large portion of the country, it will feel with mo that this change should be made not only for London alone, but for the country at 668 large. If I find this is an academic point which may look very well on paper, But which is seldom employed in practice, I shall be very glad to give way. I fully recognise that the proposal is almost the unanimous wish of the London Members, and the Government will consider it without any foregone conclusion. If hon. Members will consent to refer the final decision on this question until Report, it shall receive the fullest and most partial consideration of the Government.
§ MR. STUARTsaid he desired to point out that the point had been raised without any party feeling and with practical unanimity. He would not say the House had been unanimous, but London had been unanimous for the reform suggested, and there had not been a voice raised from the rest of the country to protest against it. The right hon. Gentleman suggested that if it, were done for London it would decide the question for the rest of the country, but the whole question of overseers was bound up with that of assessment and valuation, and the law for London under the Metropolis Valuation Act and Amending Acts was essentially different from the valuation law of the rest of the country, and had been so for thirty years. He had been a member of the Royal Commission which recommended that it should be extended to the rest of the country, but it had not yet been done, nor was it likely to be done. If the reform were made for London they would only be adding one more change to the many others which existed in the valuation law between London and the provinces. Even if the question were now to be decided for the rest of the country, all the evidence showed that the rest of the country would welcome the decision. They had not had one word in defence of the proposal in the Bill except that it would give personal responsibility, but in all the most important vestries of London, such as Kensington, Paddington, Marylebone, St. George's, Hanover Square, St. James's, Westminster, St. Pancras, and Islington, whose government was sound and successful, they had the arrangement of being themselves the overseers, and the system had been in force for close on a hundred years. He wished to point out to the right hon. Gentleman that the Bill was intended to give additional power to the vestries, but if the proposal in the Bill were adopted, they would take away from the most im- 669 portant and successful vestries a power which practically would counterbalance in its effect many of the powers to be given to them. This was not a party question, as was shown by the names of the vestries he had mentioned, and he echoed the appeal of the hon. Gentleman the member for East Islington for the reform now proposed. The only argument against it was that it might prepare the rest of the country for that reform also. He had shown there was no reason to believe or imagine or expect it would do so, and even if it did the country would welcome it.
§ * COLONEL HUGHESsaid he wished to meet the argument of individual responsibility on the part of the overseers. The responsibility of the overseers would be greatly diminished under the Bill. They could not even draw cheques or pay their own expenses, and the office where they would transact their business would be provided by the borough councils. He did not think that overseers would take office if they were shorn of their powers in such a manner. Why should they disturb the fifteen large vestries who now were overseers themselves, or the desire of the other vestries to have that power? The new overseers shorn of their power would be merely dummies. In his opinion the proper course would be that a committee of the borough council should be responsible as overseers, the difference being that the borough councils could remove the committee at any time, but if they appointed half a dozen men as overseers they would have no control over them, and the only knowledge the ratepayers would have of their existence would be a demand note for the rates.
§ MR. A. J. BALFOURIf I may interrupt my hon. friend, he will have noticed that the whole of my point from the beginning to the end of the discussion has been to maintain the view which I believe to be the view of the Local Government Board, that personal responsibility must, in some way, be maintained. I do not know whether the Committee would accept my hon. friend's view. Personally I have no objection to it, but I would strongly urge that the question should be deferred.
§ MR. SYDNEY BUXTONsaid that the Leader of the House stated he could not 670 accept the Amendment because it would involve a change of the law for the rest of the country. He did not see why London should be damnified and placed in a worse position than it was before, because of the question of the law affecting the rest of the country. As regarded assessment and rating, London was always,and must be always, different from the rest of the country. Therefore he did nut think that the argument of the right hon. Gentleman should stand, and he advised his hon. friend to take a Division. It was not a party question, and they had the unanimous support of the London Members.
§ SIR ALBERT ROLLITsaid that before the Report stage he would satisfy the right hon. Gentleman that provincial opinion was not unanimous in regard to this matter. In matters relating to rating and the right to vote they did not want different authorities, they wanted one well-known authority able to deal with the question.
§ MR. JOHN BURNSsaid he had never seen so good a champion for so bad a cause as the right hon. Gentleman. Why had he not left it to the President of the Local Government Board to take on himself to argue for the personal responsibility he advocated? His answer to the right hon. Gentleman was, where was the President of the Local Government Board? He had involved the Leader of the House in a difficulty, and he now asked that he be produced. As he did not see the President of the Local Government Board present, he would give one or two reasons why they should have a decision on the subject now. The Committee had been struck by the practical unanimity of the London Members, and he had in a very compact form the view of his district on the matter, and it was that the powers, duties, and responsibilities of overseers should be transferred to the borough councils. Why did Battersea want to get rid of the overseers? For precisely the same reason as the right hon. Gentleman desired to retain them. They wanted responsibility. They had now a clique of gentlemen who acted as overseers. They were not always the best men of the parish, who were generally men on the Parliamentary and finance committees, and he believed that if the duties of the 671 overseers were transferred to those committees, the work would be better done and there would not be that dissatisfaction with the way in which the duties were now discharged. He now came from the general to the particular. The House of Commons dearly loved a precedent, and while the right hon. Gentleman was finding one in one direction, he found another in the opposite direction. In the Local Government Act of 1894 all the powers and duties of overseers of parish councils had been transferred to a committee of these councils, and the churchwardens of every rural parish ceased to be the overseers. If the right hon. Gentleman had ever seen churchwardens and overseers jobbing and mal-administering charities he would not have such sympathy for them, and would exclude them on this clause, and not defer their punishment until the Report stage. If the reform were necessary for ordinary parish councils, how much more necessary was it for districts like Westminster and Battersea. The London overseer's sat in private, never reported, and many of the chief committees had to adopt their warrants and accept their whims and idiosyncrasies. In preparing the list of voters the primary responsibility ought to be fixed on the clerk of the new borough councils, and the duties of the overseers should be discharged by the finance committee. He appealed to the right hon. Gentleman not to defer the consideration of the matter until the Report stage. It would only give the London Members an opportunity of accumulating more arguments. If the question was deferred, and if the President of the Local Government Board were in the House, it would take him two days to reply.
§ MR. A. J. BALFOURI should suggest that the discussion be dropped, or that we should divide. I think it will be admitted on all sides that I have done my best to weigh the arguments, and under the circumstances it will be wholly undesirable to press the matter to Division. Parish councils can only appoint overseers, they have no power to act as overseers themselves, and therefore the deliberate intention of Parliament in the matter was certainly, in 1896, not to give these powers. Little can be gained by further prolongation of the debate.
MR. SHADWELL (Hastings)said he entirely supported the line adopted by the Metropolitan members. He, however, asked the hon. Member not to press the matter to a Division after the promise of the right hon. Gentleman to consider the matter before the Report stage.
§ MR. LOUGHsaid he desired to direct the attention of the Committee to the most extraordinary Parliamentary situation they had ever witnessed. No one had risen on either side of the House to support the view which the First Lord of the Treasury wanted to press down the throats of the House of Commons. The right hon. Gentleman asked them to postpone the matter until the Report stage. That appeared on the surface a reasonable request, but the whole point was raised a fortnight ago, and the Solicitor-General then asked them to postpone the matter until Clause 11, and they were told that they should then hear the views of the Government, and now on Clause 11 they were asked to postpone it until the Report stage. He did not think that was a reasonable request. Every point had been argued out, and he thought some decision should be come to. It appeared to him that the right hon. Gentleman did not pay sufficient attention to the experience of London, which claimed to be the greatest municipality in the kingdom, and which had as large a population as all the other municipalities put together. The Metropolitan Board of Works invariably sent its precepts to the vestries, but in the Act of 1888 an arrangement was put in at the instigation of the Local Government Board that the precepts should be sent to the overseers. They had had 30 years' experience of the precepts going direct to the vestries, and only 10 years' experience of the precepts going to the overseers direct. The right hon. Gentleman said if the precepts went to these bodies there would not be any question of responsibility. He wished to examine that argument. When the precept of the Metropolitan Board of Works went to the bodies, the Board could, if necessary, collect, but when the precepts went to the overseers and was not collected, there was nothing left but distraint on the furniture of the overseers. Therefore the argument that there was better security in the collection of the rates by the overseers direct was absurd. The right hon. Gentleman now suggested 673 a concession which was worse than the clause, and which was unworkable, namely, that certain members of the new council should be appointed overseers. He would give one instance. Wandsworth had five great parishes. How could the suggestion be carried out there? Would there be five committees of two each, one for each of the five parishes, or would there be only one committee of ten? If only one committee, then the system would be unworkable. He acknowledged the fair spirit shown by the right hon. Gentleman in charge of the Bill, and he inquired why was he so obstinate now. The reason was that he had got the President or the Secretary of the Local Government Board near him during the Debate. The Local Government Board was always the devil's advocate when London questions were raised. He asked the right hon. Gentleman to put aside the evil counsels of the Board. If there were to be a Division let it be a Division of London members only, as it was a London question; and he asked the right hon. Gentleman not to vote them down by the mechanical majority of the Government.
§ MR. MARKSsaid he accepted the conciliatory proposal which the right hon. Gentleman had made, and he earnestly appealed to hon. Members on the other side not to go to a Division. By so doing they would only be courting an adverse verdict on a matter in respect to which at a later stage they might hope for a satisfactory solution. The undertaking given by the right hon. Gentleman had been most uncompromising, and he earnestly hoped there would not be a Division.
§ MR. STUARTsaid, that as he saw the President of the Local Government Board present, perhaps he would let the Committee know what was the difficulty which the Board had found in carrying out the system proposed.
§ MR. BARTLEYasked if was intended that they should go on amending the clause, or would it be withdrawn temporarily.
§ MR. A. J. BALFOURMy hon. friend has addressed a very reasonable question, and I will answer it. I think the clause should be passed as it is pro formâ. Everyone who desires the rapid progress of the Bill will accept that,because it is distinctly 674 understood that no one is committed by assenting to that course to any line of the clause on the Report stage, and every Member will be as free on the Report stage as if the discussion had never taken place.
§ MR. BOUSFIELDsaid that if hon. Members persisted in fighting the matter to a Division after what the Government had said they would be doing more harm than good. A great many Members who believed in the Amendment would, after the statement of his right hon. friend, feel bound to support the Government. He would therefore ask hon. Members not to press the matter to a Division.
§ SIR H. CAMPBELL-BANNERMAN (Stirling Burghs)I think the course proposedby the right hon. Gentleman is hardly an entirely reasonable one, nor a course in accordance with the ordinary practice in Committee of this House. It has been suggested that the clause should be withdrawn, and if the clause is going to be a subject of consideration on the part of the Government, surely the best course is not to express an opinion on the subject at the present stage. If the clause is persisted in, my hon. friends on this side who entertain so strong an opinion on the subject will be obliged to carry the Amendment to a Division. Undoubtedly that Division would not represent the general sense of the House, because a large number of Members on the other side will regard it as merely a formal matter, and they will support the Government, not meaning what they vote for. That is the condition under which such a Division would be taken, and it seems totally new in our practice. It may occur without being declared publicly; but on this occasion you would be going into the Lobby with the public declaration that it all meant nothing whatever. The most regular, proper, and convenient course would be that the right hon. Gentleman, without in any way compromising his position, should withdraw the clause and allow the whole matter to be considered de novo on the Report stage.
§ MR. A. J. BALFOURI only rise now to explain to the right hon. Gentleman that the Committee is, to a certain extent, in a difficult position. I think the best course is to pass the clause pro formâ. He thinks the best course is to omit 675 the clause altogether, but neither course is without objection. Against mine, it may be urged that the House of Commons has apparently assented, at this stage of the Bill, to the clause as it stands; but if this course is adopted it will appear as if we were dealing with a topic not to be dealt with in the Bill. I therefore still think that the course I suggested is the better one, and I trust hon. Gentlemen will not put the Committee to the trouble of a Division, seeing that it would not express the general views of the House.
§ MR. ASQUITHI should like just to point out to the right hon. Gentleman, in the interests of procedure, that if the course he suggests is adopted we should go on amending this clause, because, on the assumption that the clause stand part of the Bill, those Amendments will have to be properly discussed and divided on. If the suggestion of my right hon. friend be adopted, a great deal of time will be saved, and we will have, on the Report stage, the amended proposal of the Government for discussion.
§ * COLONEL HUGHESsaid he believed that the Committee had arrived at a point of agreement, and he would therefore propose to add to Clause 11 the following—
After the appointed day a borough council shall appoint a committee of their body, which committee shall discharge the duties and powers of overseers.
§ MR. LOUGHsaid if they postponed the clause until the Report stage, it would be assumed that the Committee was not able to deal with the question. He suggested that the matter should be postponed, not till the Report stage, but simply to a later stage.
§ MR. COURTNEYasked whether a way out of the difficulty had not been suggested by the hon. Member who had just spoken—namely, not to postpone the matter till the Report stage, but to withdraw the Amendment now before the Committee, and then postpone the consideration of the clause to a later stage in the Committee. They would, by that means, get rid of the difficulty in which they now were, and they should reserve the consideration of the clause in Committee.
§ SIR. J. BLUNDELL MAPLEsaid he was going to make a similar proposal. He would ask the Government to adjourn the whole Debate on the Bill until after Whitsuntide.
§ MR. A. J. BALFOURI do not think my hon. friend's suggestion is a very practical one. What has fallen from the right hon. Gentleman, however, might be carried out. If the Amendment is withdrawn, I have no objection.
§ Amendment, by leave, withdrawn.
§ Clause postponed.
§ Clause 12:—
§
Amendment proposed—
In page 8, line 24, to leave out 'rest of the parishes,' and insert 'boroughs.'"—(Mr. Lough.)
§
Qustion proposed—
That the words 'rest of the parishes' stand part of the clause.
§ MR. A. J. BALFOURClause 12 was originally introduced into the Bill in the hope of arriving at some financial arrangement between the Corporation and the County Council. I understand that the London County Council are not prepared to accept any real financial advantage from the proposed arrangement. The Committee is aware that it has never been the intention of the Government to interfere with the autonomy of the City in any respect, and as there is no chance of the County Council accepting the financial arrangement proposed, I see no ground for pressing this clause further. It was put down in the hope that some agreement would be come to by the high contracting parties; but as they have not been able to agree we must leave the matter where we found it, and let them settle their affairs in their own way. I therefore propose to withdraw the clause.
§ MR. STUARTsaid that the County Council had not expressed any opinion on the matter, but if he had been asked what he thought of it his advice to the County Council would be not to accept the financial arrangement with the City. The method of bargaining between two corporations for the practical handing over for pecuniary considerations of the management of certain affairs, which, 677 according to the traditions of local government, ought to be in the hands of the central authority, was not a proper step to take. The sum proposed to be paid by the City might be very gravely called into question by the City rate-payers. He ventured to say that no pecuniary consideration ought to allow two corporations to bargain as to what their powers should be. They had in the Bill already a clause under which objection could be taken by the City or the County Council, and that seemed a very reasonable way of dealing with the matter.
§ Amendment, by leave, withdrawn.
§ Clause disagreed to.
§ MR. L. R. HOLLANDproposed in Clause 13, line 35, to leave out—
Where the whole of a Poor Law Union is within one borough.He said the object of the Amendment was to provide that there should be, if possible, one assessment committee for each borough. The clause provided that where the whole of a Poor Law Union was within one borough the assessment committee should be appointed by the borough council instead of by the board of guardians, and where the borough comprised the whole of two or more unions, there should be only one assessment committee for those unions. The difficulty arising out of overlapping might be met by providing that a borough council should make a separate valuation list for each part of each Poor Law area which came within its boundaries. As the clause at present stood there might be two assessment authorities within a borough, which would surely not be desirable. The principle of the clause, he took it, was that the borough council should appoint their assessment committee. It raised the greater part of the rate, and seemed to be the right body for the purpose. He had no doubt the Government desired to have only one assessment authority in each borough area, and therefore he hoped his Amendment would be accepted.
§
Amendment proposed—
In page 8, line 35, to leave out from the beginning of the Clause, to the word 'the,' in line 36."—(Mr. Lionel Holland.)
§
Question proposed—
That the words proposed to be left out stand part of the Clause.
§ SIR R. B. FINLAYhoped the Committee would not accept the Amendment. The appointment of the assessment committee would, in many cases, naturally rest with the guardians, in order that the valuation of the several parishes might be on the same basis. It was now proposed that where the whole of the Poor Law Union was comprised within a borough, the borough council should have the right of appointing the assessment committee. The case was different where the union extended into other boroughs. There the guardians possessed the right to appoint the assessment committee, and he asked the Committee not to dispossess them of that right. He thought they might hope that the result desired by the hon. Member would be attained. There was power under the law, as it existed at present, to re-arrange and group parishes generally, and it was hoped that any discrepancy which might exist between the area of the unions and the boroughs would disappear.
§ MR. CRIPPSsaid he had a similar Amendment on the Paper to the one moved by the hon. Member for the Bow and Bromley division of the Tower Hamlets. One of the most prominent recommendations of the Royal Commission on Local Taxation, by whom the question of overlapping was thoroughly considered, was that the assessment committee of a borough should be appointed, not by the guardians, but by the borough council. He asserted, without hesitation, that the right principle was to make the local authority the assessing authority. If the hon. Member pressed his Amendment to a Division he would support him.
§ MR. STUARTsaid he thoroughly supported the view taken by the hon. Member who had just spoken. He maintained that they would never do right in this matter until they divorced assessment from the question of the Poor Law. It was a pure entanglement of the whole work of local authorities that they should have anything to do with assessment or rating. They should be clear of that, and devote themselves entirely to Poor Law relief. The Royal Commission, composed of persons of different political views, were absolutely unanimous on this point. He appealed to the right hon. Gentleman to accept this Amendment, as, by not accepting it,he would be delaying the 679 reforms which the Commission appointed by his own Government had unanimously recommended.
§ * COLONEL HUGHESthought that until the borough councils could do all the assessing throughout London it was better to avoid a mixed jurisdiction, and leave matters as they were.
§ MR. LOUGHsuggested that this clause might also be postponed. There was, he said, quite as much unanimity on the other side as on his side of the House, with regard to the course which ought to be adopted. He did not think the process proposed in the Bill would work in London. The object of the Bill was to simplify
§ matters, and if the Government had accepted the Amendment it would have resulted in simplifying the question of assessment and securing the adoption of the method upon which everybody was agreed.
§ MR. L. R. HOLLANDsaid he would not press his Amendment.
Leave to withdraw the Amendment being refused,
§ Question put.
§ The Committee divided:—Ayes, 165; Noes, 99.—(Division List No. 149.)
681AYES. | ||
Acland-Hood, Capt. Sir Alex. F. | Fellowes, Hon. Ailwyn Edward | Maclure, Sir John William |
Anson, Sir William Reynell | Finch, George H. | M'Arthur, Charles (Liverpool) |
Archdale, Edward Mervyn | Finlay, Sir Robert Bannatyne | M'Calmont, H. L. B. (Cambs.) |
Arnold, Alfred | Fisher, William Hayes | Massey-Mainwaring, Hn. W. F. |
Atkinson, Rt. Hon. John | FitzGerald, Sir Robert Penrose- | Melville, Beresford Valentune |
Bagot, Capt. Josceline FitzRoy | Fletcher, Sir Henry | Middlemore, J. Throgmorton |
Baird, John George Alexander | Flower, Ernest | Milbank, Sir Powlett Chas. John |
Balfour, Rt. Hon. A.J.(Manch'r | Folkestone, Viscount | Milton, Viscount |
Balfour Rt. Hn Gerald W. (Leeds | Forster, Henry William | Milward, Colonel Victor |
Banbury, Frederick George | Foster, Colonel (Lancaster) | Monckton, Edward Philip |
Barton, Dunbar Plunket | Garfit, William | Monk, Charles James |
Beach, Rt. Hn. Sir M.H. (Bristol | Gibbons, J. Lloyd | Moore, William (Antrim, N.) |
Bemrose, Sir Henry Howe | Gibbs, Hn. A.G.H.(City of Lond | More, Robt. Jasper (Shropshire) |
Bethell, Commander | Giles, Charles Tyrrell | Morgan, Hon. Fred. (Moa.) |
Bigwood, James | Gilliat, John Saunders | Morrell, George Herbert |
Blakiston-Houston, John | Godson, Sir Augustus Frederick | Morton, A. H. A. (Deptford). |
Bond, Edward | Goldsworthy, Major-General | Mount, William George |
Boscawen, Arthur Griffith- | Gordon, Hon. John Edward | Muntz, Philip A. |
Bowles, Capt. H.F (Middlesex | Gorst, Rt Hon. Sir John Eldon | Murray, Rt Hn A Graham (Bate |
Brassey, Albert | Goulding, Edward Alfred | Murray, Charles J. (Coventry) |
Burdett-Coutts, W. | Graham, Henry Robert | Murray, Col. Wyndham (Bath) |
Butcher, John George | Green, Walford D. (Weds'bury | Nicol, Donald Ninian |
Cecil, Evelyn (Hertford, E.) | Greene, Henry D.(Shrewsbury | Northcote, Hn. Sir H. Stafford |
Chaloner, Captain R. G. W. | Green, W. Raymond-(Cambs.) | Percy, Earl |
Chamberlain, Rt. Hon. J. (Birm. | Gull, Sir Cameron | Phillpotts, Captain Arthur |
Chamberlain, J Austen (Worc'r. | Gunter, Colonel | Pierpoint, Robert |
Chaplin, Rt. Hon. Henry | Hamilton, Rt. Hn. Lord George | Pilkington, Richard |
Charrington, Spencer | Hanson, Sir Reginald | Powell, Sir Francis Sharp |
Chelsea, Viscount | Hermon-Hodge, RobertTrotter | Purvis, Robert |
Cochrane, Hon. Thos. H. A. E. | Hill, Sir Edward Stock (Bristol) | Pym, C. Guy |
Coghill, Douglas Harry | Howorth, Sir Henry Hoyle | Rankin, Sir James |
Collings, Rt. Hon. Jesse | Hubbard, Hon. Evelyn | Rentoul, James Alexander |
Colomb, Sir John Charles Ready | Jeffreys, Arthur Frederick | Richards, Henry Charles |
Compton, Lord Alwyne | Jessel, Captain Herbert Merton | Richardson, Sir T. (Hartlepool |
Cook, Fred Lucas (Lambeth) | Johnston, William (Belfast) | Ritchie, Rt. Hon. C. Thomson |
Corbett, A. Cameron (Glasgow | Jolliffe, Hon. H. George | Robertson, Herbert (Hackney) |
Cox, Irwin Edward B. (Harrow) | Lawrence, Sir E. Durning-(Corn | Round, James |
Cross, Herb't Shepherd (Bolton | Lawrence, Wm. F.(Liverpool) | Russell, T. W. (Tyrone) |
Cubitt, Hon. Henry | Lea, Sir Thos.(Londonderry) | Ryder, John Herbert Dudley |
Curzon, Viscount | Lees, Sir Elliott (Birkenhead) | Sharpe, William Edward T. |
Dalkeith, Earl of | Leigh-Bennett, Henry Currie | Sidebotham, J. W. (Cheshire) |
Davies, Sir Horatio D.(Chatham | Leighton, Stanley | Sidebottom, William (Derbys. |
Denny, Colonel | Lockwood, Lt.-Col. A. R. | Simeon, Sir Barrington |
Dis a li, Coningsby Ralph | Loder, Gerald Walter Erskine | Smith, Hon. W. F. D. (Strand) |
Dorington, Sir John Edward | Long, Col. Charles W. (Evesham | Stanley, Edward J.(Somerset) |
Doughty, George | Long, Rt. Hn. Walter (Liverpl. | Stanley, Lord (Lancs.) |
Douglas, Rt. Hon. A. Akers- | Lopes, Henry Yarde Buller | Stephens, Henry Charles |
Duncombe, Hon. Hubert V. | Loyd, Archie Kirkman | Stone, Sir Benjamin |
Egerton, Hon. A. de Tatton | Lucas-Shadwell, William | Talbot, Lord E. (Chichester) |
Fardell, Sir T. George | Macdona, John Cumming | Thornton, Percy M. |
Tollemache, Henry James | Whiteley, H. (Ashton-under-L. | Wyndham-Quin, Major W. H. |
Tomlinson, Wm. Edw. Murray | Whitmore, Charles Algernon | Yerburgh, Robert Armstrong |
Valentia, Viscount | Williams, Colonel R. (Dorset) | Young, Commander (Berks, E. |
Warr, Augustus Frederick | Williams, Jos. Powell-(Birm.) | TELLERS FOR THE AYES— |
Webster, Sir R.E. (Isle of Wight) | Wilson, J. W. (Woreesters N.) | Sir William Walrond and Mr. Anstruther. |
Wentworth, Bruce C. Vernon- | Wyndham, George | |
NOES. | ||
Allen, Wm. (Newe. under Lyme | Gladstone, Rt. Hn. Herbert Jn. | Pickorsgill, Edward Hare |
Asquith, Rt. Hon. Herbert H. | Goddard, Daniel Ford | Pirie, Duncan V. |
Atherley-Jones, L. | Gurdon, Sir Wm. Brampton | Rickett, J. Compton |
Austin, Sir John (Yorkshire) | Haldane, Richard Burdon | Roberts, John Bryn (Eifion) |
Balnbridge, Emerson | Hayne, Rt. Hn. Charles Seale- | Robson, William Snowden |
Baker, Sir John | Hazell, Walter | Scoble, Sir Andrew Richard |
Beaumont, Wentworth C.B. | Hedderwick, Thomas Chas. H. | Shaw, Charles Edw. (Stafford) |
Bhownaggree, Sir M. M. | Holland, Wm. H. (York.W.R. | Shaw, Thomas (Hawick B.) |
Billson, Alfred | Horniman, Frederick John | Sinclair, Capt. John (Forfar) |
Bolton, Thomas Dolling | Hughes, Colonel Edwin | Smith, Samuel (Flint) |
Broadhurst, Henry | Humphreys-Owen, Arthur C. | Spicer, Albert |
Bryce, Rt. Hon. James | Joicey, Sir James | Steadman, William Charles |
Burns, John | Jones, William (Carnarvon) | Stevenson, Francis S. |
Burt, Thomas | Kearley, Hudson E. | Stewart, Sir Mark J. M'Taggart |
Buxton, Sydney Charles | Kenyon, James | Stuart, James (Shoreditch) |
Caldwell, James | Kimber, Henry | Sullivan, Donal (Westmeath) |
Campbell-Bannerman, Sir H. | Lambert, George | Thomas, David Alfred (Merthyr |
Carmichael, Sir T. D. Gibson- | Lawson, Sir Wilfrid (Cumbland | Trevelyan, Charles Philips |
Causton, Richard Knight | Leng, Sir John | Ure, Alexander |
Cawley, Frederick | Lough, Thomas | Walton, John Lawson (Leeds, S. |
Cecil, Lord Hugh (Greenwich) | Lowles, John | Warner, Thomas Courtenay T. |
Channing, Francis Allston | Macaleese, Daniel | Webster, R. G. (St. Pancras) |
Clark, Dr. G. B. (Caithness) | M'Arthur, William (Cornwall) | Wedderburn, Sir William |
Clough, Walter Owen | M'Kenna, Reginald | Weir, James Galloway |
Cohen, Benjamin Louis | M'Laren, Charles Benjamin | Whittaker, Thomas Palmer |
Colville, John | M'Leod, John | Williams, John Carvell (Notts. |
Courtney, Rt. Hon. Leonard H. | Maple, Sir John Blundell | Wilson, John (Govan) |
Cross, Alexander (Glasgow) | Marks, Henry Hananel | Wilson, Jos. H. (Middlesbrough |
Daly, James | Morgan, J. Lloyd (Carmarthen | Wortley, Rt. Hn. C.B. Stuart- |
Davitt, Michael | Norton, Capt. Cecil William | Yoxall, James Henry |
Dickson-Poynder, Sir John P. | Nussey, Thomas Willans | |
Donelan, Captain A. | Oldroyd, Mark | TELLERS FOR THE NOES— |
Doogan, P. C. | Pease, Alfred E. (Cleveland) | Mr. Lionel Holland and |
Evans, Samuel T. (Glamorgan) | Pease, Joseph A. (Northumb.) | Mr. Cripps. |
Galloway, William Johnson | Philipps, John Wynford |
§
The next Amendment on the Paper was—
In page 8, line 40, at end, to add 'appointed by the borough council, but no councillor shall be eligible to sit on such assessment committee who has acted as overseer, or otherwise, in the primary valuation of the property.'"—(Mr. R. G. Webster.)
* THE CHAIRMANpointed out that the question was dependent upon the decision the Committee had recently come to, and that the Amendment was therefore out of order.
§
Motion made, and Question proposed—
That Clause 13 stand part of the Bill.
§ MR. STUARTsaid the clause was dead in the teeth of the recommendations of the Royal Commission, and as a member of that Commission he could not assent to the passing of the clause.
§ Question put.
§ The Committee divided—Ayes, 170 Noes, 78.—(Division List No. 150.)
683AYES. | ||
Acland-Hood, Capt. Sir Alex. F. | Beach, Rt. Hn. Sir M.H.(Bristol) | Cecil, Lord Hugh (Greenwich) |
Anson, Sir William Reynell | Bemrose, Sir Henry Howe | Chaloner, Captain R. G. W. |
Archdale, Edward Mervyn | Bethell, Commander | Chamberlain, Rt. Hn. J. (Birm. |
Arnold, Alfred | Bigwood, James | Chamberlain, J. Austen(Worc. |
Arnold-Forster, Hugh O. | Blakiston-Houston, John | Chaplin, Rt. Hon. Henry |
Atkinson, Rt. Hon. John | Bond, Edward | Charrington, Spencer |
Bagot, Capt. Josceline Fitz Roy | Boscawen, Arthur Griffith- | Chelsea, Viscount |
Baird, John George Alexander | Bowles, Capt. H. F. (Middlesex | Cochrane, Hon. Thos. H.A.E. |
Balfour, Rt. Hon. A. J. (Manch'r | Brassey, Albert | Coghill, Douglas, Harry |
Balfour, Rt Hn Gerald W. (Leeds | Burdett-Coutts, W. | Cohen, Benjamin Louis |
Banbury, Frederick George | Butcher, John George | Collings, Rt. Hon. Jesse |
Barton, Dunbar Plunket | Cecil, Evelyn (Hertford, E.) | Colomb, Sir John Charles Ready |
Compton, Lord Alwyne | Hubbard, Hon. Evelyn | Pierpoint, Robert |
Cook, Fred. Lucas (Lambeth) | Hughes, Colonel Edwin | Pilkington, Richard |
Corbett, A. Cameron(Glasgow | Jettreys, Arthur Frederick | Powell, Sir Francis Sharp |
Cross, Alexander (Glasgow) | Johnston, William (Belfast) | Purvis Robert |
Cubitt, Hon. Henry | Jolliffe, Hon. H. George | Pym, C. Guy |
Curzon, Viscount | Kimber, Henry | Rankin, Sir James |
Dalkeith, Earl of | Lawrence, Sir E Durning-(Corn | Rentoul, James Alexander |
Dalrymple, Sir Charles | Lawrence, Wm. F. (Liverpool) | Richards, Henry Charles |
Davies, Sir Horatio D.(Chath'm | Lea, Sir Thomas (Londonderry | Richardson, Sir Thos.(Hartlep'l |
Denny, Colonel | Lees, Sir Elliott (Birkenhead) | Ritchie, Rt. Hn. C. Thomson |
Disraeli, Coningsby Ralph | Leigh-Bennett, Henry Currie | Robertson, Herbert (Hackney) |
Dorington, SirJohn Edward | Leighton, Stanley | Round, James |
Doughty, George | Lockwood, Lt.-Col. A. R. | Russell, T. W. (Tyrone) |
Douglas, Rt. Hon. A. Akers- | Loder, Gerald Walter Erskine | Ryder, John Herbert Dudley |
Duncombe, Hon. Hubert V. | Long, Rt. Hn. Walter(Liv'pool) | Scoble, Sir Andrew Richard |
Egerton, Hon. A. de Tatton | Lopes, Henry Yarde Buller | Sharpe, William Edward T. |
Fardell, Sir T. George | Lowles, John | Sidebotham, J. W. (Cheshire) |
Fellowes, Hon Ailwyn Edward | Loyd, Archie Kirkman | Sidebottom, William(Derbyslh. |
Finch, George H. | Lucas-Shadwell, William | Simeon, Sir Barrington |
Finlay, Sir Robert Bannatyne | Macdona, John Cumming | Smith, Hon. W. F. D. (Strand) |
Fisher, William Hayes | Maclure, Sir John William | Stanley, Edwd.Jas.(Somerset) |
FitzGerald, Sir Robert Penrose- | M'Arthur, Charles (Liverpool) | Stanley, Lord (Lanes.) |
Fletcher, Sir Henry | M'Calmont, H. L. B. (Cambs.) | Stephens, Henry Charles |
Folkestone, Viscount | Maple, Sir John Blundell | Talbot, Lord E. (Chichester) |
Forster, Henry William | Marks, Henry Hananel | Thornton, Percy M. |
Foster, Colonel (Lancaster) | Massey-Main waring, Hn. W. F. | Tollemache, Henry James |
Galloway, William Johnson | Melville, Beresford Valentine | Tomlinson, W. E. Murray |
Garfit, William | Middlemore, J. Throgmorton | Valentia, Viscount |
Gibbons, J. Lloyd | Milbank, SirPowlett Chas. J. | Webster, R.G.(St.Pancras) |
Gibbs, HnA.G.H.(CityofLond. | Milton, Viscount | Webstor, SirR.E.(IsleofWight |
Giles, Charles Tyrrell | Milward, Colonel Victor | Wentworth, Bruce C. Vernon- |
Godson, Sir Augustus Fredk. | Monckton, Edward Philip | Whiteley, H.(Ashton-under-L. |
Goldsworthy, Major-General | Monk, Charles James | Whitmore, Charles Algernon |
Gordon, Hon. John Edward | Moore, William (Antrim, N.) | Williams, Colonel R. (Dorset) |
Gorst, Rt. Hon. Sir John Eldon | More, Robt. Jasper(Shropshire) | Williams, Joseph Powell-(Birm |
Goulding, Edward Alfred | Morgan, Hn.Fred.(Monm'thsh. | Wilson, J. W. (Worcestersh.N. |
Graham, Henry Robert | Morrell, George Herbert | Wortley, Rt. Hn. C. B. Stuart |
Green, Walford D. (Wedn'sbury | Merton, Arthur H.A. (Deptford | Wyndham, George |
Greene, Henry D.(Shrewsbury) | Mount, William George | Wyndham-Quin, Major W.H. |
Greene, W. Raymond-(Cambs) | Muntz, Philip A. | Wyvill, Marmaduke D'Arcy |
Gull, Sir Cameron | Murray, Rt Hn A. Graham (Bute | Yerburgh, Robert Armstrong |
Gunter, Colonel | Murray, Charles J.(Coventry) | Young, Commander(Berks, E.) |
Hamilton, Rt. Hn. Lord George | Murray, Col. Wyndham (Bath | |
Hanson, Sir Reginald | Nicol, Donald Ninian | TELLERS FOR THE AYES— |
Hermon-Hodge, RobertTrotter | Northcote, Hon. Sir H. Stafford | Sir William Walrond and |
Hill, Sir Edward Stock (Bristol | Phillpotts, Captain Arthur | Mr. Anstnither. |
NOES. | ||
Allen, Wm.(Newe.under Lyme | Gurdon, Sir William Brampton | Pirie, Duncan V. |
Asquith, Rt. Hon. Herb. Henry | Haldane, Richard Burdon | Rickett, J. Compton |
Atherley-Jones, L. | Hayne, Rt. Hon. C. Seale- | Roberts, John Bryn (Eifion) |
Austin, Sir John (Yorkshire) | Hazell, Walter | Robson, William Snowdon |
Bainbridge, Emerson | Hedderwick, Thus Charles H. | Shaw, Charles Edw. (Stafford) |
Baker, Sir John | Horniman, Frederick John | Shaw, Thomas (Hawick B.) |
Beaumont, Wentworth C. B. | Humphreys-Owen, Arthur C. | Sinclair,Capt.John (Forfarsh.) |
Billson, Alfred | Joicey, Sir James | Smith, Samuel (Flint) |
Broadhurst, Henry | Jones, Wm. (Carnarvonshire) | Spicer, Albert |
Bryce, Rt. Hon. James | Kearley, Hudson E. | Steadnian, William Charles |
Burns, John | Kenyon, James | Sullivan, Donal (Westmeath) |
Buxton, Sydney Charles | Lambert, George | Thomas, David Alfred (Merthyr |
Caldwell, James | Lawson, Sir Wilfrid (Cumb'land | Trevelyan, Charles Philips |
Campbell-Bannerman, Sir H. | Leng, Sir John | Ure, Alexander |
Causton, Richard Knight | Macaleese, Daniel | Walton, John Lawson (Leeds, S. |
Cawley, Frederick | M'Arthur, William (Cornwall) | Warner, Thomas Courtney T. |
Channing, Francis Allston | M'Kenna, Reginald | Wedderburn, Sir William |
Clark, Dr. G.B. (Caithness-sh.) | M'Laren, Charles Benjamin | Weir, James Galloway |
Clough, Walter Owen | M'Leod, John | Whittaker, Thomas Palmer |
Colville, John | Morgan, J. Lloyd Carmarthen | Williams, John Carvell(Notts) |
Courtney, Rt. Hon. Leonard H. | Norton, Captain Cecil Wm. | Wilson, John (Durham, Mid) |
Daly, James | Nussey, Thomas Willans | Wilson, John (Govan) |
Dilke, Rt. Hon. Sir Charles | Oldroyd, Mark | Wilson, J. H. (Middlesbrough) |
Doogan, P. C. | Pease, Alfred E. (Cleveland) | |
Evans, Samuel T. (Glamorgan | Pease, Joseph A. (Northumb.) | TELLERS FOR THE NOES— |
Gladstone, Rt. Hon. Herbert J. | Philipps, John Wynford | Mr. James Stuart and Mr. Lough |
Goddard, Daniel Ford | Pickersgill, Edward Hare |
Question put, and agreed to.
§ Committee report Progress: to sit again to-morrow.