§ Considered in Committee.
§ (In the Committee.)
§ [Mr. J. W. LOWTHER (Cumberland, Penrith) in the Chair.]
§ Clause 1:—
§
Amendment again proposed—
In page 1, line 9, after the words last inserted, to insert the words 'except in county boroughs.' "—Sir James Woodhouse.
§ Question again proposed, "That those words be there inserted."
§ SIR JAMES WOODHOUSE (Huddersfield)I have to ask leave to withdraw this Amendment in view of the promise of the Solicitor-General to consider this question.
§ Amendment, by leave, withdrawn.
§ SIR ROBERT REID (Dumfries Burghs)moved an Amendment with the object of allowing the magistrates to take into consideration not one isolated reason for non-renewal of a licence, but a combination of reasons, as they had hitherto done. He said it was desirable 810 to retain unimpaired the elasticity of discretion which the magistrates now possessed, and he wanted to insure that in future they should be able to take into consideration not one isolated reason for non-renewal but a combination of reasons. Obviously it weakened the power of the magistrates to insist on the maintenance of good order to split their discretion up into water-tight compartments.
§
Amendment proposed—
In page 1, line 9, after the words last inserted, to insert the words' or any of the before-mentioned grounds in combination with any other ground.'"—(Sir Robert Reid.)
§ Question proposed, "That those words be there inserted."
§ THE SOLICITOR-GENERAL (Sir EDWARD CARSON,) Dublin Universitysaid the Government could not accept the Amendment. It would be very unfair to the licence-holder to tell him that his licence was being taken away partly on grounds for which he ought to get compensation and partly on grounds for which he ought not to get compensation, and that, therefore, he would get no compensation. It was impossible under the scheme of the Bill that such an arrangement could be set up.
§ MR. WHITLEY (Halifax)suggested that the Amendment might be modified so that no grounds outside those contained in the Bill should be brought in. That would go some way to meet the strong feeling on his side of the House. The point was this. There might not be strong enough evidence on any one single ground to justify the refusal of the renewal, yet the evidence on these grounds combined might suffice for taking away a licence without compensation. All they desired was to enable the magistrates to deal with the three grounds in combination.
§ SIR EDWARD CARSONsaid there was nothing to prevent the magistrates from taking one, two, or three grounds and putting them together, but these grounds ought, in fact, to exist; they ought not to be able to add together three incomplete grounds in order to make one complete ground.
§ SIR ROBERT REIDsaid the result of the clause was to entirely alter the practice of the past. A house might have been bad structurally or the tenant might have misconducted it, but there had been hitherto a free discretion on the part of the magistrates in dealing with such cases and by the refusal of this Amendment the existing practice would be subverted.
MR. WHITTAKER (Yorkshire, W.R., Spen Valley)said this was a very important point, and it was necessary the country should know what was being done. Justices at present very frequently refused the renewal of a licence on several grounds, and the combination of grounds was the ground of refusal. The Government's attitude was an illustration of the way in which the power of the justices was going to be materially limited, hampered, and checked. In his opinion the compensation should be limited to the cases where the renewal was refused solely because the house was not required.
§ MR. GROVES (Salford, S.)hoped the Government would not give way on this point. If the licence-holder committed offences the magistrates would be able to exercise their powers as in the past; it was only to the point of compensation that the provision under discussion was directed. If the Amendment were accepted, they would, he feared, find that in nine cases out of ten trivial complaints would be combined in the manner suggested in order to depreciate the amount of compensation.
§ MR. TOMKINSON (Cheshire, Crewe)said he had in his mind a case that came before the Bench of which he was chairman, in which the representative of the sanitary authority objected to the renewal of a licence on the ground that the holder had persistently refused to provide a proper water supply. The justices, in the exercise of the power which they at present possessed, gave the licensee a certain time within which to remedy the defect. He was contumacious, and it was only when, as a last resource, the withdrawal of the licence was threatened that he agreed to equip his house with a proper water supply. He feared that 812 under the clause as it stood the power to exercise such pressure would be taken away from the justices.
§ SIR EDWARD CARSONassured the hon. Gentleman that the case he had mentioned would not come within the Bill.
§ SIR ARTHUR BIGNOLD (Wick Burghs)stated that during the past year only 210 licences, out of a total of 99,450, were suppressed for duplicate reasons; and in only fifty cases was the ground of non-requirement united with misbehaviour or structural deficiency. He mentioned that in order to show that in the past these considerations had not acted very powerfully in deciding the question of the renewal or refusal of a licence.
§ MR. T. W. RUSSELL (Tyrone, S.)pointed out that there was nothing compelling quarter sessions to adopt this compensation scheme. There might be large districts where they would decline to adopt it. In that case, was it possible that the Government were contemplating arresting the action of the magistrates and impairing their discretion where compensation did not arise at all?
§ SIR ROBERT REIDAnd without leaving anybody else in authority to exercise discretion.
§ MR. T. W. RUSSELLYes. Continuing, the hon. Member said that the Government by refusing to accept this Amendment would be crippling the present power of the justices. The Government raised, in defence of that, that these people were entitled to compensation, and therefore they could not shut them out without depriving them of compensation. His point was this: Let them take an area, the quarter sessions of which would not put this Act into operation at all. Was it not quite clear that this Bill would stand nevertheless, and that it would cripple the present power of the justices. He knew that that was the object of the brewers; but why should it be the object of the Government?
§ SIR EDWARD CARSONreplied that he did not know whether that was a 813 proper way to put the question, but he was quite willing to answer the substance without admitting any of the deductions which the hon. Member had made. The Question which the hon. Member asked came to this: the quarter sessions might refuse to adopt the compensation clause. If they had an area not willing to take away licences, what did it matter whether they put in two, three, or four reasons?
MR. T. W.RUSSELLBut you are taking power from the local justices who do think there ought to be a reduction.
§ SIR EDWARD CARSONsaid there, again, his hon. friend was entirely in error. Any licence-holder might appeal against a refusal to renew a licence.
§ MR. T. W. RUSSELLI know.
§ SIR EDWARD CARSON,continuing, said, if a county had a body of quarter sessions who were not prepared to adopt the clause or reduce licences it would be because they thought it was not necessary to reduce them. At all events, if they had a tribunal of that kind with important functions, not merely in relation to licences but to other matters, they must show some confidence in them.
§ LORD EDMUND FITZMAURICE (Wiltshire, Cricklade)held that the Committee was justified in calling attention at the earliest possible moment to the extraordinary position in which Courts of the quarter sessions would be placed. It seemed to be suggested that they would have to meet beforehand to decide whether or not they would put the Act in force. As chairman of quarter sessions he was one of those who would have to administer the Act, and he was bound to say that their position would be totally different from that adumbrated by the Solicitor-General. In his opinion they would deal with each case as it arose and would not beforehand pass any resolution stating whether or not the Act should be enforced. But what would be the position if there were no compensation fund established? Would the justices not be in the ridiculous position of having their hands tied? The speech of the Solicitor-General would 814 almost encourage quarter sessions to pass a resolution saying they did not approve of the Bill.
§ SIR EDWARD CARSONThe noble Lord has no right to say that.
§ LORD EDMUND FITZMAURICEsaid that the Bill, while setting up elaborate machinery for the establishment of a compensation fund, put in possession of the Court a power which, if it chose to exercise it, would absolutely nullify the measure. In any case, until the compensation fund grew, they would have the absurd state of things that in one county—a rich one—the Act would be in operation and in the next county—a poor one—it would be a dead letter.
§ MR. AUSTIN TAYLOR (Liverpool, East Toxteth)said the point was that there was a possibility under Clause 3, that quarter sessions might not put into operation the levy for the purposes of compensation, and if they declined to do that they would have no fund available for compensation for the refusal to renew redundant licences. But that difficulty might be met by making it incumbent on quarter sessions to raise a compensation fund. When that was done it would still be open to quarter sessions to refuse to confirm the decision of the justices in regard to any particular licence. The position of the justices would not be altered. At present their decisions were subject to appeal. He agreed with the right hon. Gentleman as to the vice from a temperance point of view of this particular clause. But they had debated it over and over again. The Government, by restricting the grounds upon which magistrates might refuse to renew licences to three—each of which he gathered from the Solicitor-General must be sufficient in itself as a ground of refusal—were most effectually crippling the powers of the magistrates with regard to the exercise of their magisterial discretion. It was impossible to accede to these compensation proposals without modifying in some way the absolute discretion of the magistrates, but he thought the difficulty might be met in the way suggested by the hon. Member for Carnarvon— I by giving the magistrates power to make 815 by-laws subject to an appeal to the Secretary of State. By that method the trade would be protected against the eccentricities of "cranky" Benches, to which the Prime Minister recently referred. The discussion, however, was being carried on under the shadow of the guillotine, that most perfect instrument of Parliamentary despotism, of which neither political Party could claim an absolute majority. That being so, it was necessary to make the most of the time that remained, and not go over the same ground two or three times. He therefore hoped the Amendment would be withdrawn.
§ COLONEL PILKINGTON (Lancashire, Newton)was understood to urge that the
§ word "shall" should be inserted when Clause 3 came to be discussed. Quarter sessions would no doubt do their duty but he thought it advisable that the raising of the compensation fund should be made compulsory.
§ SIR ROBERT REID,in order to save time, asked leave to withdraw the Amendment.
§ Leave refused,.
§ Question put.
§ The Committee divided:—Ayes, 176; Noes, 255. (Division List, No. 200.)
819AYES. | ||
Ainsworth, John Stirling | Emmott, Alfred | Lewis, John Herbert |
Allen, Charles P. | Esmonde, Sir Thomas | Lloyd-George, David |
Ashton, Thomas Gair | Evans, Sir Francis H.(Maidstone | Lough, Thomas |
Asquith, Rt. Hn. Herbert Henry | Evans, Samuel T. (Glamorgan) | Lundon, W. |
Atherley-Jones, L. | Farquharson, Dr. Robert | Lyell, Charles Henry |
Barlow, John Emmott | Fenwick, Charles | Macnamara, Dr. Thomas J. |
Barran, Rowland Hirst | Ferguson, R. C. Munro (Leith) | MacNeill, John Gordon Swift |
Bayley, Thomas (Derbyshire) | Fitzmaurice, Lord Edmond | MacVeagh, Jeremiah |
Bell, Richard | Flynn, James Chritsopher | M'Arthur, William (Cornwall) |
Benn, John Williams | Fowler, Rt. Hon. Sir Henry | M'Crae, George |
Black, Alexander William | Fuller, J. M. F. | M'Kenna, Reginald |
Blake, Edward | Furness, Sir Christopher | Mansfield, Horace Rendall |
Boland, John | Gladstone, Rt. Hn. Herbert John | Mappin, Sir Frederick Thorpe |
Brigg, John | Goddard, Daniel Ford | Markham, Arthur Basil |
Broadhurst, Henry | Grant, Corrie | Mitchell, Edw. (Fermanagh, N. |
Brown, George M. (Edinburgh) | Grey, Rt. Hon. Sir E. (Berwick) | Morgan, J. Lloyd (Carmarthen) |
Brunner, Sir John Tomlinson | Guest, Hon. Ivor Churchill | Newnes, Sir George |
Bryce, Rt. Hon. James | Gurdon, Sir W. Brampton | Norton, Capt. Cecil William |
Buchanan, Thomas Ryburn | Harcourt, Lewis V. (Rossendale | Nussey, Thomas Willans |
Burt, Thomas | Harcourt, Rt Hn Sir W (Monm'th | O'Connor, James (Wicklow, W.) |
Buxton, Sydney Charles | Harwood, George | O'Donnell, T. (Kerry, W.) |
Caldwell, James | Hayden, John Patrick | O'Kelly, James(Roscommon, N |
Cameron, Robert | Hayter, Rt. Hon. Sir Arthur D. | Parrott, William |
Campbell-Bannerman, Sir H. | Hemphill, Rt. Hon. Charles H. | Partington, Oswald |
Channing, Francis Alston | Henderson, Arthur (Durham) | Paulton, James Mellor |
Churchill, Winston Spencer | Higham, John Sharpe | Philipps, John Wynford |
Condon, Thomas Joseph | Hobhouse, C. E. H. (Bristol, E. | Power, Patrick Joseph |
Corbett, A. Cameron (Glasgow) | Hope, John Deans (Fife, West | Price, Robert John |
Craig, Robert Hunter (Lanark) | Horniman, Frederick John | Rea, Russell |
Cremer, William Randal | Hutchinson, Dr. Charles Fredk | Reckitt, Harold James |
Crombie, John William | Hutton, Alfred E. (Morley) | Reddy, M. |
Dalziel, James Henry | Jacoby, James Alfred | Reid, Sir R. Threshie (Dumfries |
Davies, Alfred (Carmarthen) | Johnson, John (Gateshead) | Rickett, J. Compton |
Davies, M. Vaughan (Cardigan | Joicey, Sir James | Rigg, Richard |
Delany, William | Jordan, Jeremiah | Roberts, John Bryn (Eifion) |
Devlin, CharlesRamsay (Galw'y | Joyce, Michael | Roberts, John H. (Denbighs.) |
Dilke, Rt. Hon. Sir Charles | Kilbride, Denis | Robertson, Edmund (Dundee) |
Dobbie, Joseph | Kitson, Sir James | Robson, William Snowdon |
Donelan, Captain A. | Lambert, George | Roche, John |
Doogan, P. C. | Langley, Batty | Rose, Charles Day |
Douglas, Charles M. (Lanark) | Law, Hugh Alex. (Donegal, W.) | Runciman, Walter |
Duncan, J. Hastings | Lawson, Sir Wilfrid (Cornwall) | Schwann, Charles E. |
Dunn, Sir William | Layland-Barratt, Francis | Seely, Maj. J.E.B.(Isle of Wight |
Edwards, Frank | Leese, Sir Joseph F.(Accrington | Shackleton, David James |
Elibank, Master of | Leigh, Sir Joseph | Shaw, Charles Edw. (Stafford) |
Ellice, Capt EC (S Andrw'sBghs | Leng, Sir John | Shaw, Thomas (Hawick, B.) |
Ellis, John Edward (Notts.) | Levy, Maurice | Sheehy, David |
Shipman, Dr. John G. | Thomas, David Alfred (Merthyr) | Whittaker, Thomas Palmer |
Sinclair, John (Forfarshire) | Thomas, JA (Glamorgan, Gower | Williams, Osmond (Merioneth) |
Slack, John Bamford | Tillet, Louis John | Wilson, Chas. Henry (Hull, W.) |
Sloan, Thomas Henry | Tomkinson, James | Wilson, Fred. W.(Norfolk, Mid. |
Soames, Arthur Wellesley | Trevelyan, Charles Philips | Wilson, Henry J. (York, W. R.) |
Stanhope, Hon. Philip James | Ure, Alexander | Wilson, John (Falkirk) |
Stevenson, Francis S. | Wallace, Robert | Wood, James |
Strachey, Sir Edward | Walton, Joseph (Barnsley) | Woodhouse, Sir J.T (Hudd'r sfi'd |
Sullivan, Donal | Wason, Eugene (Clackmannan) | Yoxall, James Henry |
Taylor, Theodore C. (Radcliffe) | Wason, John Cathcart (Orkney | |
Tennant, Harold John | White, George (Norfolk) | TELLERS FOR THE AYES—Mr. |
Thomas, Abel (Carmarthen, E.) | White, Luke (York, E.R.) | Ellis Griffith and Mr. T. W. |
Thomas, Sir A. (Glamorgan, E. | Whitley, J. H. (Halifax) | Russell. |
NOES. | ||
Agnew, Sir Andrew Noel | Denny, Colonel | Hope, J.F. (Sheffield Brightside |
Anson, Sir William Reynell | Dickinson, Robert Edmond | Horner, Frederick William |
Arkwright, John Stanhope | Dickson, Charles Scott | Hoult, Joseph |
Arrol, Sir William | Dickson-Poynder, Sir John P. | Houston, Robert Paterson |
Atkinson, Rt. Hon. John | Digby, John K. D. Wingfield- | Howard, J. (Midd., Tottenham) |
Aubrey-Fletcher. Rt. Hon. Sir H | Disraeli, Coningsby Ralph | Hozier, Hon. James Henry Cecil |
Austin, Sir John | Dixon Hartland, Sir Fred Dixon | Hudson, George Bickersteth |
Bagot, Capt. Josceline FitzRoy | Dorington, Rt. Hon. Sir John E. | Jebb, Sir Richard Claverhouse |
Bailey, James (Walworth) | Doughty, George | Jeffreys, Rt. Hon. Arthur Fred. |
Bain, Colonel James Robert | Douglas, Rt. Hon. A. Akers | Kennaway, Rt. Hn. Sir John H. |
Baird, John George Alexander | Doxford, Sir William Theodore | Kenyon, Hon. Geo. T.(Denbigh |
Balcarres, Lord | Durning-Lawrence, Sir Edwin | Kenyon-Slaney, Col. W. (Salop |
Baldwin, Alfred | Dyke, Rt Hon. Sir William Hart | Kerr, John |
Balfour, Rt. Hon. A.J. (Manch'r | Egerton, Hon. A. de Tatton | Kimber, Henry |
Balfour, Rt Hn Gerald W.(Leeds | Elliot, Hon. A. Ralph Doulgas | Law, Andrew Bonar (Glasgow) |
Banbury, Sir Frederick George | Faber, Edmund B. (Hants, W.) | Lawson, JohnGrant (Yorks NR. |
Barry, Sir Francis T. (Windsor) | Fergusson, Rt Hn Sir J. (Manc'r | Lee, Arthur H.(Hants. Fareham. |
Bartley, Sir George C. T. | Finch, Rt. Hon. George H. | Legge, Col. Hon. Heneage |
Bathurst, Hon. Allen Benjamin | Finlay, Sir Robert Bannatyne | Llewellyn, Evan Henry |
Bhownaggree, Sir M. M. | Fisher, William Hayes | Loder, Gerald Walter Erskine |
Bignold, Arthur | Fison, Frederick William | Long, Col. Charles W. (Evesham |
Bill, Charles | FitzGerald, Sir Robert Penrose | Long, Rt. Hn. Walter (Bristol, S. |
Blundell, Colonel Henry | Fitzroy, Hn. Edward Algernon | Lowe, Francis William |
Bond, Edward | Flannery, Sir Fortescue | Lowther, C. (Cumb., Eskdale) |
Boscawen, Arthur Griffith | Flower, Sir Ernest | Loyd, Archie Kirkman |
Bowles, Lt.-Col. H.F (Middlesex | Forster, Henry William | Lucas, Col. Francis (Lowestoft) |
Bowles, T. Gibson (King's Lynn | Foster,Philip S.(Warwick, S.W. | Lucas, Reginald J. (Portsmouth. |
Brodrick, Rt. Hon. St. John | Galloway, William Johnson | Lyttelton, Rt. Hon. Alfred |
Brotherton, Edward Allen | Gardner, Ernest | Macdona, John Cumming |
Burdett-Coutts, W. | Garfit, William | MacIver, David (Liverpool) |
Campbell, Rt. Hn. J.A.(Glasgow | Gibbs, Hon. A. G. H. | Maconochie, A. W. |
Carson, Rt. Hon. Sir Edw. H. | Gordon. Hn. J.E. (Elgin & Nairn | M'Fadden, Edward |
Cavendish, V.C.W.(Derbyshire | Gordon, Maj Evans (T'r H'mlets | M'Iver, SirLewis (Edinburgh, W. |
Cayzer, Sir Charles William | Gore, Hon S. F.Ormsby-(Linc) | M'Killop, James (Stirlingshire) |
Chamberlain, Rt Hn J.A. (Worc. | Gorst, Rt. Hon. Sir John Eldon | M'Killop, W. (Sligo, North) |
Chaplin, Rt. Hon. Henry | Goulding, Edward Alfred | Majendie, James A. H. |
Chapman, Edward | Graham, Henry Robert | Manners, Lord Cecil |
Clive, Captain Percy A. | Greene, Henry D.(Shrews bury) | Martin, Richard Biddulph |
Coates, Edward Feetham | Greene, W. Raymond (Cambs | Massey-Main waring, Hn. W. F. |
Cochrane, Hon. Thos. H. A. E. | Grenfell, William Henry | Maxwell. Rt Hn Sir H.E (Wigt'n |
Coghill, Douglas Harry | Gretton, John | Maxwell, W J H (Dumfriesshire |
Cohen, Benjamin Louis | Greville, Hon. Ronald | Melville, Beresford Valentine |
Colomb, Rt. Hon. Sir John C.R. | Groves, James Grimble | Meysey-Thompson, Sir H. M. |
Colston, Chas. Edw. H. Athole | Gunter, Sir Robert | Mildmay, Francis Bingham |
Cox, Irwin Edward Bainbridge | Halsey, Rt. Hon. Thomas F. | Mil vain, Thomas |
Craig, Charles Curtis(Antrim,S. | Hamilton, Marq. of (L'donderry | Montagu, G. (Huntingdon) |
Crean, Eugene | Hardy, Laurence (Kent, Ashford | Moon, Edward Robert Pacy |
Cripps, Charles Alfred | Hare. Thomas Leigh | Moore, William |
Cross, Alexander (Glasgow) | Harris, F. Leverton(Tynem'th) | Morgan, David J (Walthamstow |
Cross, Herb. Shepherd (Bolton) | Harris, Dr. Fredk. R. (Dulwich) | Morpeth, Viscount |
Crossley, Rt. Hon. Sir Savile | Heath, James (Staffords. N.W.) | Morrell, George Herbert |
Cubitt, Hon. Henry | Heaton, John Henniker | Morrison, James Archibald |
Dalkeith, Earl of | Helder, Augustus | Morton, Arthur H. Aylmer |
Dalrymple, Sir Charles | Hoare, Sir Samuel | Mount, William Arthur |
Davenport, W. Bromley | Hobhouse, Rt Hn H.(Somers't, E | Murray, Charles J. (Coventry) |
Davies, Sir Horatio D. (Chatham | Hogg, Lindsay | Murray, Col. Wyndham (Bath) |
Myers, William Henry | Robinson, Brooke | Tuff, Charles |
Newdegate, Francis A. N. | Rolleston, Sir John F. L. | Tufnell, Lieut.-Col. Edward |
Nolan, Col. John P.(Galway, N.) | Rollit, Sir Albert Kaye | Valentia, Viscount |
Nolan, Joseph (Louth, South) | Ropner, Colonel Sir Robert | Vincent, Col. Sir CEH(Sheffield |
O' Brien, Kendal (Tipperary, Mid | Round, Rt. Hon. James | Vincent, Sir Edgar (Exeter) |
O'Brien, Patrick (Kilkenny) | Rutherford, John (Lancashire) | Walker, Col. William Hall |
O'Brien, P. J. (Tipperary, N.) | Rutherford, W. W. (Liverpool) | Warde, Colonel C. E. |
O'Dowd, John | Sackville, Col. S. G. Stopford | Webb, Colonel William George |
Palmer, Walter (Salisbury) | Sadler, Col. Samuel Alexander | Welby, Lt.-Col. A.C.E.(Taunton |
Peel, Hn. Wm. Robert Wellesley | Samuel, Sir Harry S (Limehouse | Welby, Sir Charles G.E.(Notts. |
Pemberton, John S. G. | Sassoon, Sir Edward Albert | Wharton, Rt. Hon. John Lloyd |
Percy, Earl | Scott, Sir S. (Mary le bone, W.) | Whiteley, H. (Ashton und Lyne |
Pierpoint, Robert | Seely, Charles Hilton (Lincoln) | Whitmore, Charles Algernon |
Pilkington, Colonel Richard | Sharpe, William Edward T. | Willoughby de Eresby, Lord |
Piatt-Higgins, Frederick | Shaw-Stewart, Sir H.(Renfrew) | Wilson, A. Stanley (York, E.R.) |
Plummer, Walter R. | Sheehan, Daniel Daniel | Wilson-Todd, Sir W.H. (Yorks.) |
Powell, Sir Francis Sharp | Simeon, Sir Barrington | Wolff, Gustav Wilhelm |
Pretyman, Ernest George | Smith, HC (North'mb. Tyneside | Worsley-Taylor, Henry Wilson |
Pryce-Jones, Lt.-Col. Edward | Stanley, Edward Jas. (Somerset | Wortley, Rt. Hon. C. B. Stuart |
Purvis, Robert | Stanley, Rt. Hon. Lord (Lancs.) | Wrightson, Sir Thomas |
Pym, C. Guy | Stewart, Sir Mark J M'Taggart | Wyndham, Rt. Hon. George |
Rankin, Sir James | Stock, James Henry | Wyndham-Quin, Col. W. H. |
Ratcliff, R. F. | Stone, Sir Benjamin | Yerburgh, Robert Armstrong |
Reid, James (Greenock) | Stroyan, John | Young, Samuel |
Renshaw, Sir Charles Bine | Talbot, Lord E. (Chichester) | Younger, William |
Renwick, George | Talbot, Rt. Hn. J. G. (Oxf'd Univ. | |
Richards, Henry Charles | Taylor, Austin (East Toxteth) | TELLERS FOR THE NOES—Sir |
Ridley, S. Forde (Bethnal Green | Thorburn, Sir Walter | Alexander Acland-Hood and |
Ritchie, Rt. Hn. Chas. Thomson | Tollemache, Henry James | Mr. Ailwyn Fellowes. |
Roberts, Samuel (Sheffield) | Tomlinson, Sir Wm. Edw. M. | |
Robertson, Herbert (Hackney) | Tritton, Charles Ernest |
§ MR. MCKENNA (Monmouthshire, N.)moved to leave out of lines 9, and 10, after the word "licence," the words "shall be vested in quarter sessions instead of the justices of the licensing district." The effect of this Amendment would be to leave the control of the licences in the hands of the justices as at present. In every case the justices had local knowledge of the district over which they exercised jurisdiction, and their work on the whole had been satisfactory. There had been no recommendation in either of the Reports of the Royal Commission in favour of transferring the work of the justices to quarter sessions. What was proposed in the Bill was to remove the control from an administrative body and hand it over to the quarter sessions, who, according to the wording of the Act, were to act as a legal tribunal. If this proposal were adopted the real control over licences would be very much diminished, and all the elements of discretion would disappear. It was not necessary for him to quote the cases upon the authority of which it was established that quarter sessions now acted as a Court of Appeal. The justices were not a Court at all, and it was a very grave question of principle whether the control of licensing should 820 be handed over from an administrative body to a Court of Law. There was an Amendment further down on the Paper which provided that quarter sessions should act as an administrative body, but it did not appear to be absolutely necessary that the Court of quarter sessions should be substituted for the licensing justices at all. He was aware that, inasmuch as the area of subscription to the compensation fund was considered to be at least of a size commensurate with the quarter sessions jurisdiction, it was thought, therefore, that the Court of quarter sessions should be the controlling authority and not the licensing justices, whose area of subscription would be very much smaller. That difficulty could very easily be met. The Court of quarter sessions might easily allot the amount of money to be used as compensation within the area of the particular justices' brewster sessions, and it was not necessary to transfer the whole of the licensing powers from the justices to quarter sessions. If quarter sessions had power of limiting the amount of compensation in any particular area it would be perfectly possible to leave the actual control of each licence to the licensing justices. He admitted that quarter sessions must be introduced if they were to have the area of quarter 821 sessions as the area of subscription for the compensation fund. No doubt in certain cases the area over which the licensing justices had jurisdiction would be too small to provide adequate funds, but it was quite possible for the quarter sessions to determine what the proper amount was for each area of the licensing justices and allot that sum, and then the licensing justices should have jurisdiction in determining whether a licence should be discontinued or not. The proposal of the Government was to hand over the control of the licences from men who were thoroughly acquainted with the district to a body of gentlemen sitting at quarter sessions who were not, who could not know what were the particular requirements in the remote parts of the county, would be acting without the necessary local knowledge, and would be certain to discharge their duties less efficiently than would be done by the local justices. If the Government could not accept this Amendment in its present form, they might at least introduce words in order to leave unchecked the present jurisdiction of the licensing justices in their own area. If that were done, the Government would remove one of the most serious objections to the Bill, namely, that the justices who had hitherto done their work extremely well should not have withdrawn from them work which they had every reason to believe they would be able to continue to do thoroughly well. He begged to move.
§
Amendment proposed—
In page 1, line 9, to leave out from the words last inserted to the word 'shall' in line 10."—(Mr. McKenna.)
§ Question proposed, "That the word' shall' stand part of the clause."
§ THE SECRETARY OF STATE FOR THE HOME DEPARTMENT (Mr. AKERS-DOUGLAS, Kent, St. Augustine's)said the hon. Member desired to leave the decision in regard to the taking away of licences in the hands of the local justices. He had already anticipated the objection of the Government, which was that the authority which dealt with the compensation fund should be the authority to deal with the licences to be refused. The hon. Member urged that a certain amount of 822 money should be allotted to each brewster sessions' area to compensate licence-holders in cases where licences were refused on the ground of public policy. He submitted that that course would not be at all reasonable or desirable. It would not work in practice. There would be some brewster sessions' areas where no, or a very small number of, reductions would be made; there would be others where the number would be considerable. The result would be very unequal distribution of the benefits of the Bill. Therefore, he thought it would be far better that the trust should be vested in quarter sessions, and that they should be the authority. He believed there would be a much more even distribution in that way of the reduction of licences all over the county.
§ LORD EDMUND FITZMAURICEsaid that, apart from the objections which had been so forcibly urged by his hon. friend, quarter sessions were a most unfortunate body to commit this jurisdiction to, because, since 1888, quarter sessions had not been an administrative body at all. Although technically, as had been pointed out, this was a judicial duty, still the matter was an administrative one. He asked the Home Secretary what staff quarter sessions had at the present moment in order to carry out these duties. Since 1888 their staff had consisted of the clerk of the peace and perhaps an officer to maintain order in Court when quarter sessions were sitting. Therefore, one objection, in addition to those already stated by the mover of the Amendment, he had to the proposal in the Bill was that quarter sessions would be compelled to take up administrative duties and appoint an administrative staff. That was a new venture and one which he ventured to think was most objectionable.
MR. BRIGG (Yorkshire, W.R., Keighley)said the machinery of quarter sessions had entirely gone out of use for collecting and distributing money in the way proposed in the Bill. The West Riding Sessions, with which he was most intimately associated, had passed a resolution to the effect that they did not see that they could possibly make use of the machinery now provided for this purpose 823 and suggested that the county council was the proper body to be called upon to collect the money, while they themselves would deal, under the Bill, with the money so gathered. In order to perform the duties now to be placed upon them, it would be necessary to appoint a number of officials. He had an Amendment on the Paper that these duties should be carried out by the joint committee. He was sure that the quarter sessions could not deal with the work proposed to be committed to them with the staff they now had.
§ MR. CRIPPS (Lancashire, Stretford)asked, on a point of order, if it would be open to the Committee on subsequent Amendments to discuss whether quarter sessions, or some other body, were to be the authority.
THE CHAIRMANThe point raised by this Amendment is that the authority is to remain as it is now. If the House does not think so, it is still open to the House to suggest any other authority —the standing joint committee, a committee of quarter sessions, or quarter sessions themselves. This will not affect the further Amendments.
§ MR. CRIPPSsaid the present body was peculiarly unsuitable to be the authority on account of the area in which they acted being so small. That had been the great difficulty in carrying out any effective scheme of licensing reform. They could not carry out any effective scheme in a small area. In the county with which he was associated they did try to-carry out a scheme of temperance reform, and they could have done it over the county at large, but they found they could not do it by dealing only with district areas. In order to carry out this Bill effectively, it was necessary to have a county scheme so that the whole county might be properly dealt with. He thought the Bill did not give sufficient power to> the county authority. They ought to give the county authority, as against the smaller authority, power to do something definite in order to carry out a scheme which would do the best for temperance reform. It was important to have suitable administrative areas in which the magistrates might effectively carry out temperance reform.
§ Question put.
§ The Committee divided:—Ayes, 250; Noes, 182. (Division List No. 201.)
827AYES. | ||
Agg-Gardner, James Tynte | Burdett-Coutts, W. | Dickson, Charles Scott, |
Agnew, Sir Andrew Noel | Butcher, John George | Dickson-Poynder, Sir John P. |
Aird, Sir John | Campbell, Rt. Hn. J.A (Glasgow | Digby, John K. D. Wingfield |
Anson, Sir William Reynell | Carson, Rt. Hon. Sir Edw. H. | Disraeli, Coningsby Ralph |
Arkwright, John Stanhope | Cavendish, V. C. W.(Derbyshire | Dixon-Hartland, Sir Fred Dixon |
Arrol, Sir William | Cayzer, Sir Charles William | Doogan, P. C. |
Atkinson, Rt. Hon. John | Cecil, Lord Hugh (Greenwich) | Doughty, George |
Aubrey-Fletcher, Rt. Hn. Sir H. | Chamberlain, Rt Hn. JA (Worc. | Douglas, Rt. Hon. A. Akers |
Austin, Sir John | Chamberlayne, T. (S'thampton | Doxford, Sir William Theodore |
Bagot, Capt. Josceline FitzRoy | Chaplin, Rt. Hon. Henry | Durning-Lawrence, Sir Edwin |
Bailey, James (Walworth) | Chapman, Edward | Dyke, Rt. Hon. Sir William Hart |
Bain, Colonel James Robert | Charrington, Spencer | Egerton, Hon. A. de Tatton |
Baird, John George Alexander | Clive, Captain Percy A. | Faber, Edmund B. (Hants, W) |
Balcarres, Lord | Coates, Edward Feetham | Fergusson, Rt. Hn. Sir J (Manc'r |
Baldwin, Alfred | Cochrane, Hon. Thos. H. A. E. | Fielden, Edward Brocklehurst |
Balfour, Rt. Hon. A. J.(Manch'r | Coghill, Douglas Harry | Finch, Rt. Hon. George H. |
Balfour, Rt Hn Gerald W(Leeds | Cohen, Benjamin Louis | Finlay, Sir Robert Bannatyne |
Banbury, Sir Frederick George | Colomb, Rt. Hon. Sir John C. R. | Fisher, William Hayes |
Barry, Sir Francis T. (Windsor) | Colston, Chas. Edw. H. Athole | Fison, Frederick William |
Bartley, Sir George C. T. | Cox, Irwin Edward Bain bridge | FitzGerald, Sir Robert Penrose |
Bathurst, Hon. Allen Benjamin | Craig, Charles Curtis(Antrim, S. | Fitzroy, Hon. Edward Algernon |
Bhownaggree, Sir M. M. | Crean, Eugene | Flannery, Sir Fortescue |
Bignold, Arthur | Cripps, Charles Alfred | Flower, Sir Ernest |
Bill, Charles | Cross, Herb. Shepherd (Bolton) | Forster, Henry William |
Blundell, Colonel Henry | Crossley, Rt. Hon. Sir Savile | Foster. Philip S.(Warwick, S.W. |
Bond, Edward | Cubitt, Hon. Henry | Galloway, William Johnson |
Boscawen, Arthur Griffith | Dalkeith, Earl of | Gardner, Ernest |
Bowles, Lt.-Col. HF (Middlesex | Dalrymple, Sir Charles | Garfit, William |
Bowles, T. Gibbon (King's Lynn | Davenport, William Bromley | Gibbs, Hon. A. G. H. |
Brodrick, Rt. Hon. St. John | Davies, Sir Horatio D(Chatham | Gordon, Hn. J.E.(Elgin & Nairn |
Brotherton, Edward Allen | Dickinson, Robert Edmond | Gordon, Maj Evans(T'r H'mlets |
Gorst, Rt. Hon. Sir John Eldon | M'Fadden, Edward | Rollit, Sir Albert Kaye |
Goulding, Edward Alfred | M'Iver, Sir Lewis (EdinburghW | Ropner, Colonel Sir Robert |
Graham, Henry Robert | M'Killop, James (Stirlingshire) | Rutherford, John (Lancashire) |
Greene, Henry D.(Shrewsbury) | M'Killop, W. (Sligo, North) | Rutherford, W. W. (Liverpool) |
Greene, W. Raymond (Cambs.) | Majendie, James A. H. | Sackville, Col. S. G. Stopford |
Grenfell, William Henry | Manners, Lord Cecil | Sadler, Col. Samuel Alexander |
Gretton, John | Martin, Richard Biddulph | Samuel, Sir Harry S.(Limehouse |
Greville, Hon. Ronald | Massey-Mainwaring, Hn W. F. | Sassoon, Sir Edward Albert |
Groves, James Grimble | Maxwell, Rt Hn Sir H.E. (Wigt'n | Seely, Charles Hilton (Lincoln) |
Gunter, Sir Robert | Maxwell, W.J.H (Dumfriesshire | Sharpe, William Edward T. |
Halsey, Rt. Hon. Thomas F. | Melville, Beresford Valentine | Shaw-Stewart, Sir H (Renfrew) |
Hamilton, Marq of(L'nd'nderry | Meysey-Thompson, Sir H. M. | Sheehan, Daniel Daniel |
Hardy, Laurence (Kent Ashford | Mildmay, Francis Bingham | Simeon, Sir Barrington |
Hare, Thomas Leigh | Milvain, Thomas | Smith, H.C(North'mb, Tyneside |
Harris, F. Leverton(Tynem'th) | Montagu, G. (Huntingdon) | Spear, John Ward |
Harris, Dr. Fredk. R. (Dulwich) | Montagu, Hon. J. Scott (Hants.) | Stanley, Edward J. (Somerset) |
Hay, Hon. Claude George | Moon, Edward Robert Pacy | Stanley, Rt. Hon. Lord (Lancs. |
Heath, James (Staffords. N.W. | Moore, William | Stewart, Sir Mark J. M'Taggart |
Heaton, John Henniker | Moran, David J (Walthamstow | Stirling-Maxwell, Sir John M. |
Helder, Augustus | Morpeth, Viscount | Stock, James Henry |
Hickman, Sir Alfred | Morrell, George Herbert | Stone, Sir Benjamin |
Hoare, Sir Samuel | Morrison, James Archibald | Stroyan, John |
Hobhouse, Rt Hn H(Somers't, E | Morton, Arthur H. Aylmer | Talbot, Rt. Hn. J G (Oxf'd Univ. |
Hogg, Lindsay | Mount, William Arthur | Taylor, Austin (East Toxteth) |
Hope, J.F.(Sheffield, Brightside | Murray, Col. Wyndham (Bath) | Thorburn, Sir Walter |
Horner, Frederick William | Myers, William Henry | Tollemache, Henry James |
Houldsworth, Sir Wm. Henry | Newdegate, Francis A. N. | Tomlinson, Sir Wm. Edw. M. |
Hoult, Joseph | Nolan, Col. J. P. (Galway, N.) | Tritton, Charles Ernest |
Houston, Robert Paterson | Nolan, Joseph (Louth, South) | Tuff, Charles |
Howard, J. (Midd., Tottenham | O'Brien, Patrick (Kilkenny) | Tufnell, Lieut.-Col. Edward |
Hozier, Hon. James Henry Cecil | O'Brien, P. J. (Tipperary, N.) | Valentia, Viscount |
Hudson, George Bickersteth | Palmer, Walter (Salisbury) | Vincent, Col. Sir C.E.H (Sheffield |
Jebb, Sir Richard Claverhouse | Peel, Hn. Wm. Robert Wellesley | Vincent, Sir Edgar (Exeter) |
Jeffreys, Rt. Hon. Arthur Fred | Pemberton, John S. G. | Walker, Col. William Hall |
Kennaway, Rt. Hon. Sir John H. | Percy, Earl | Warde, Colonel C. E. |
Kenyon, Hon. Geo. T.(Denbigh | Pierpoint, Robert | Webb, Colonel William George |
Kenyon-Slaney, Col. W. (Salop | Pilkington, Colonel Richard | Welby, Lt.-Col. ACE (Taunton) |
Kerr, John | Platt-Higgins, Frederick | Welby, Sir Charles G E.(Notts.) |
Kimber, Henry | Plummer, Walter R. | Wharton, Rt. Hon. John Lloyd |
Law, Andrew Bonar (Glasgow) | Powell, Sir Francis Sharp | Whiteley, H.(Ashton-und. Lyne |
Lawson, John Grant (Yorks. N. R. | Pretyman, Ernest George | Whitmore, Charles Algernon |
Lee, Arthur H.(Hants.Fareham | Pryce-Jones, Lt.-Col. Edward | Williams, Colonel R. (Dorset) |
Legge, Col. Hon. Heneage | Purvis, Robert | Willoughby de Eresby, Lord |
Llewellyn, Evan Henry | Pym, C. Guy | Wilson, A. Stanley (York, E.R.) |
Loder, Gerald Walter Erskine | Rankin, Sir James | Wilson-Todd, Sir W.H. (Yorks.) |
Long, Col Charles W. (Evesham | Ratcliff, R. F. | Wolff, Gustav Wilhelm |
Long, Rt. Hn. Walter (Bristol, S | Reid, James (Greenock) | Worsley-Taylor, Henry Wilson |
Lonsdale, John Brownlee | Remnant, James Farquharson | Wrightson, Sir Thomas |
Lowe, Francis William | Renshaw, Sir Charles Bine | Wyndham, Rt. Hon. George |
Lowther, C. (Cumb. Eskdale) | Renwick, George | Wyndham-Quin, Col. W. H. |
Loyd, Archie Kirkman | Richards, Henry Charles | Yerburgh, Robert Armstrong |
Lucas, Col. Francis (Lowestoft) | Ridley, S. Forde (Bethnal Green | Young, Samuel |
Lucas, Reginald J.(Portsmouth | Ritchie, Rt. Hn. Chas. Thomson | Younger, William |
Lyttelton, Rt. Hon. Alfred | Roberts, Samuel (Sheffield) | |
Macdona, John Cumming | Robertson, Herbert (Hackney) | TELLERS FOR THE AYES—Sir |
MacIver, David (Liverpool) | Robinson, Brooke | Alexander Acland-Hood |
Maconochie, A. W. | Rolleston, Sir John F. L. | and Mr. Ailwyn Fellowes. |
NOES. | ||
Abraham, William (Cork, N.E.) | Black, Alexander William | Cameron, Robert |
Ainsworth, John Stirling | Blake, Edward | Campbell-Bannerman, Sir H. |
Allen, Charles P. | Boland, John | Channing, Francis Allston |
Ashton, Thomas Gair | Brigg, John | Churchill, Winston Spencer |
Asquith, Rt. Hn. Herbert Henry | Broadhurst, Henry | Condon, Thomas Joseph |
Atherley-Jones, L. | Brown, George M. (Edinburgh) | Corbett, A. Cameron (Glasgow) |
Barlow, John Emmott | Brunner, Sir John Tomlinson | Corbett, T. L. (Down, North) |
Barran, Rowland Hirst | Bryce, Rt. Hon. James | Craig, Robert Hunter (Lanark) |
Bayley, Thomas (Derbyshire) | Buchanan, Thomas Ryburn | Cremer, William Randal |
Beaumont, Wentworth C. B. | Burt, Thomas | Crombie, John William |
Bell, Richard | Buxton, Sydney Charles | Cross, Alexander (Glasgow) |
Benn, John Williams | Caldwell, James | Davies, Alfred (Carmarthen) |
Davies, M. Vaughan (Cardigan | Kilbride, Denis | Roche, John |
Delany, William | Langley, Batty | Rose, Charles Day |
Devlin, Charles Ramsay(Galway | Lawson, Sir Wilfrid (Cornwall) | Runciman, Walter |
Dilke, Rt. Hon, Sir Charles | Layland-Barratt, Francis | Russell, T. W. |
Dobbie, Joseph | Leese, Sir Joseph F.( Accrington | Samuel, S. M. (Whitechapel |
Donelan, Captain A. | Leigh, Sir Joseph | Schwann, Charles E. |
Douglas, Charles M. (Lanark | Leng, Sir John | Seely, Maj. JEB (Isle of Wight |
Duncan, J. Hastings | Levy, Maurice | Shackleton, David James |
Dunn, Sir William | Lewis, John Herbert | Shaw, Charles Edw. (Stafford) |
Edwards, Frank | Lloyd-George, David | Shaw, Thomas (Hawick B.) |
Elibank, Master of | Lough, Thomas | Shipman, Dr. John G. |
Ellice, Capt. EC (S. Andra's Bghs | Lundon, W. | Sinclair, John (Forfarshire) |
Elliot, Hon. A. Ralph Douglas | Lyell, Charles Henry | Slack, John Bamford |
Ellis, John Edward (Notts) | Macnamara, Dr. Thomas J. | Sloan, Thomas Henry |
Emmott, Alfred | MacNeill, John Gordon Swift | Smith, Samuel (Flint) |
Esmonde, Sir Thomas | MacVeagh, Jeremiah | Soames, Arthur Wellesley |
Evans, Sir Francis H (Maidstone | M'Arthur, William (Cornwall) | Stanhope, Hon. Philip James |
Evans, Samuel T. (Glamorgan) | M'Crae, George | Stevenson, Francis S. |
Farquharson, Dr. Robert | Mansfield, Horace Rendall | Strachey, Sir Edward |
Fenwick, Charles | Mappin, Sir Frederick Thorpe | Sullivan, Donal |
Ferguson, R. C. Munro (Leith) | Markham, Arthur Basil | Taylor, Theodore C. (Radcliffe) |
Fitzmaurice, Lord Edmond | Mitchell, Edw.(Fermanagh, N.) | Tennant, Harold John |
Fuller, J. M. F. | Morgan, J. Lloyd (Carmarthen | Thomas, Abel (Carmarthen, E.) |
Furness, Sir Christopher | Moulton, John Fletcher | Thomas, Sir A. (Glamorgan, E.) |
Gladstone, Rt. Hn. Herbert J. | Murphy, John | Thomas, David Alfred (Merthyr |
Goddard, Daniel Ford | Newnes, Sir George | Thomas, J. A (Glamorgan, Gower |
Grant, Corrie | Norton, Capt. Cecil William | Tomkinson, James |
Grey, Rt. Hon. Sir E. (Berwick) | Nussey, Thomas Willans | Trevelyan, Charles Philips |
Griffith, Ellis J. | O'Brien, Kendal (Tipperary Mid | Ure, Alexander |
Guest, Hon. Ivor Churchill | O'Connor, James (Wicklow, W. | Wallace, Robert |
Gurdon, Sir W. Brampton | O'Donnell, T. (Kerry, W.) | Walton, John Lawson (Leeds S.) |
Hain, Edward | O'Kelly, James (Roscommon, N. | Walton, Joseph (Barnsley) |
Harcourt, Lewis V.(Rossendale | O'Malley, William | Wason, Eugene (Clackmannan) |
Harcourt, Rt Hn Sir W (Monm'th | O'Shaughnessy, P. J. | Wason, John Cathcart (Orkney) |
Harwood, George | Parrott, William | White, George (Norfolk) |
Hayden, John Patrick | Partington, Oswald | White, Luke (York, E. R.) |
Hayter, Rt. Hn. Sir Arthur D. | Paulton, James Mellor | Whitley, J. H. (Halifax) |
Hemphill, Rt. Hon. Charles H. | Philipps, John Wynford | Whittaker, Thomas Palmer |
Henderson, Arthur (Durham) | Power, Patrick Joseph | Williams, Osmond (Merioneth) |
Higham, John Sharpe | Price, Robert John | Wilson, Chas. Henry (Hull, W.) |
Hobhouse, C. E. H. (Bristol, E.) | Rea, Russell | Wilson, Fred. W. (Norfolk, Mid.) |
Hope, John Deans (Fife, West | Reckitt, Harold James | Wilson, Henry J. (York. W.R.) |
Horniman, Frederick John | Reddy, M. | Wilson, John (Falkirk) |
Hutchinson, Dr. Charles Fredk | Reid. Sir R. Threshie (Dumfries | Wood, James |
Hutton, Alfred E. (Morley) | Rickett, J. Compton | Woodhouse, Sir J.T. (Huddersf'd |
Jacoby, James Alfred | Rigg, Richard | Yoxall, James Henry |
Johnson, John (Gateshead) | Roberts, John Bryn (Eifion) | |
Joicey, Sir James | Roberts, John H. (Denbighs.) | TELLERS FOR THE NOES—Mr. |
Jordan, Jeremiah | Robertson, Edmund (Dundee) | M'Kenna and Mr. Lambert. |
Joyce, Michael | Robson, William Snowdon |
§ MR. ELLIS GRIFFITH (Anglesey)said he wished to move an Amendment which concerned the county areas, and which he hoped would be taken into consideration by the Solicitor-General and the Home Secretary. He was not going to traverse the ground already gone over as to the disqualifications of the quarter sessions, but he submitted that the alternative he suggested was better than the one contained in the Bill as it now stood. As the Committee were aware, the joint police committee was elected—half by the quarter sessions, and half by the county council. It was a pretty well-known fact that in England and Wales the very best magistrates were 828 selected to sit on the joint police committee; and he believed that most of the county council members of that committee were themselves magistrates. The joint police committee had the control of the police, and he submitted that it would be a most convenient thing that that committee should have control of the licences throughout the county areas. He had reason to believe that his Amendment commended itself to the whole body of moderate men on both sides of the House. The Amendment, he thought, would do something to remove the objection to this part of the Bill which transferred the licensing authority from the local justices to the quarter session.s 829 The quarter sessions were often a very large body which had necessarily no local knowledge of many parts of the county, and it was admitted that the justices were chosen very much at haphazard by the Lord Chancellor. He was told that members of quarter sessions had been whipped up often on both sides when the granting or refusal of a particular licence was coming up for decision. All these difficulties would be removed by his Amendment. He begged to move.
§
Amendment proposed—
In page 1, line 9, after the word 'shall' to insert the words 'in county areas.'"—(Mr. Ellis Griffith.)
§ Question proposed, "That those words be there inserted."
§ Sir EDWARD CARSONsaid that there were many reasons for retaining the jurisdiction proposed in the Bill. They had framed the Bill so as to interfere as little as possible with the existing procedure. Every alteration was solely due to the necessity of having a larger compensation area. In cases where, for non-requirement or for other reasons, the brewster sessions came to the conclusion that a licence ought to be taken away, they were, under the Bill, to make an order referring the question to the quarter sessions with their report; whereas, under the old system the licence-holder had a direct appeal to quarter sessions. That was the only difference. The reason why the matter had not been allowed to remain exactly as it was, was that the area of compensation furnished by the ordinary licensing district of brewster sessions would be too small. That being so, was it not better to keep the quarter sessions and the form of procedure as nearly as possible as it was, than to set
§ up a new tribunal which would have jurisdiction only in cases where compensation was concerned. In other words, they would have in every county, the quarter sessions seized of one part of this appellant jurisdiction, and the standing committee seized of another part of it. There was another question raised by this proposal, namely, the question of admitting a representative element in relation to the administration of the compensation fund. If the fund were a public fund subscribed out of the rates, or was in any way a county charge, it might be argued that there ought to be representation; but, of course, this fund was no such thing. It was a charge on one particular trade to enable them to insure against their licences being refused. He had always understood that the objection to this particular clause was that it interfered with the justices; but justices would be interfered with more by setting up a standing joint committee than by retaining quarter sessions. The Amendment, as far as he understood it, would also change what was proposed as regarded county boroughs, because it would take away from the whole body of the justices there the right to administer the fund in their own districts. That would be a great pity. In giving that power to justices in county boroughs he thought the Government were setting up the proper tribunal for administering this fund; and the reason why county boroughs were treated in this way was because they provided a sufficient compensation area. He was, therefore, unable to accept the Amendment.
§ Question put.
§ The Committee divided:—Ayes, 178; Noes, 265. (Division List No. 202).
833AYES. | ||
Abraham, William (Cork, N.E.) | Benn, John Williams | Burt, Thomas |
Ainsworth, John Stirling | Black, Alexander William | Buxton, Sydney Charles |
Allen, Charles P. | Blake, Edward | Caldwell, James |
Ashton, Thomas Gair | Boland, John | Cameron, Robert |
Asquith. Rt. Hn. Herbert Henry | Brigg, John | Campbell-Bannerman, Sir H. |
Aherley-Jones, L. | Broadhurst, Henry | Cawley, Frederick |
Barlow, John Emmott | Brown, George M. (Edinburgh) | Channing, Francis Allston |
Barran, Rowland Hirst | Brunner, Sir John Tomlinson | Condon, Thomas Joseph |
Bayley, Thomas (Derbyshire) | Bryce, Rt. Hon. James | Corbett, A. Cameron (Glasgow) |
Beaumont, Wentworth C. B. | Buchanan, Thomas Ryburn | Craig, Robert Hunter (Lanark) |
Bell, Richard | ||
Cremer, William Randal | Joyce, Michael | Rose, Charles Day |
Crombie, John William | Lambert, George | Runciman, Walter |
Crooks, William | Langley, Batty | Russell, T. W. |
Cross, Alexander (Glasgow) | Lawson, Sir Wilfrid (Cornwall) | Samuel, S. M. (Whitechapel) |
Davies, Alfred (Carmarthen) | Layland-Barrett, Francis | Schwann, Charles E. |
Davies,M. Vaughan (Cardigan | Leese,Sir Joseph F(Accrington | Seely,Maj. JEB (Isle of Wight) |
Delany, William | Leigh, Sir Joseph | Shackleton, David Jame |
Devlin, Joseph (Kilkenny, N.) | Leng, Sir John | Shaw, Charles Edw. (Stafford) |
Dilke, Rt. Hon. Sir Charles | Levy, Maurice | Shaw, Thomas (Hawick B.) |
Dobbie, Joseph | Lewis, John Herbert | Shipman, Dr. John G. |
Douglas, Charles M. (Lanark) | Lloyd-George, David | Sinclair, John (Forfarshire) |
Duncan, J. Hastings | Lough, Thomas | Slack, John Bamford |
Dunn, Sir William | Lundon, W. | Sloan, Thomas Henry |
Edwards, Frank | Lyell, Charles Henry | Smith, Samuel (Flint) |
Elibank, Master of | Macnamara, Dr. Thomas J. | Soames, Arthur Wellesley |
Ellice, CaptEC(S Andrw's Bghs | MacNeill, John Gordon Swift | Stanhope, Hon. Philip James |
Ellis, John Edward (Notts.) | MacVeagh, Jeremiah | Stevenson, Francis S. |
Emmott, Alfred | M'Arthur, William (Cornwall) | Strachey, Sir Edward |
Esmonde, Sir Thomas | M'Crae, George | Sullivan, Donal |
Evans, Sir Francis H (Maidstone | M'Kenna, Reginald | Taylor, Theodore C. (Radcliffe) |
Evans, Samuel T. (Glamorgan) | Mansfield, Horace Rendall | Tennant, Harold John |
Fenwick, Charles | Mappin, Sir Frederick Thorpe | Thomas, Abel (Carmarthen, E.) |
Ferguson, R. C. Munro (Leith) | Markham, Arthur Basil | Thomas,Sir A. (Glamorgan, E.) |
Fitzmaurice, Lord Edmond | Mitchell,Edw.(Fermanagh, N.) | Thomas, David Alfred (Merthyr |
Flavin, Michael Joseph | Morgan, J. Lloyd (Carmarthen( | Thomas,JA (Glamorgan Gower |
Foster, Sir Walter (Derby Co.) | Morpeth, Viscount | Tomkinson, James |
Fuller, J. M. F. | Moulton, John Fletcher | Trevelyan, Charles Philips |
Furness, Sir Christopher | Newnes, Sir George | Ure, Alexander |
Gladstone,Rt Hn. Herbert J. | Norton, Capt. Cecil William | Wallace, Robert |
Goddard, Daniel Ford | Nussey, Thomas Willans | Walton, J. Lawson (Leeds, S.) |
Grant, Corrie | O'Brien, Kendal (Tipperary Mid | Walton, Joseph (Barnsley) |
Grey,Rt, Hn. Sir E. (Berwick | O'Donnell, T. (Kerry, W.) | Wason, Eugene(Clackmannan) |
Guest, Hon. Ivor Churchill | O'Kelly,James (Roscommon, N | Wason,John Cathcart (Orkney) |
Gurdon, Sir W. Brampton | O'Malley, William | White, George (Norfolk) |
Hain, Edward | O'Shaughnessy, P. J. | White, Luke (York, E. R.) |
Harcourt, Lewis V. (Rossendale | Parrott, William | Whitley, J. H. (Halifax) |
Harcourt, RtHnSir W (Monm'th | Partington, Oswald | Whittaker, Thomas Palmer |
Harwood, George | Paulton, James Mellor | Williams, Osmond (Merioneth) |
Hayter, Rt. Hn. Sir Arthur D. | Philipps, John Wynford | Wilson, Chas. Henry (Hull, W.) |
Hemphill, Rt. Hn. Charles H. | Price, Robert John | Wilson, Fred. W.(Norfolk Mid.) |
Henderson, Arthur (Durham) | Rea, Russell | Wilson, Henry J. (York. W.R.) |
Higham, John Sharpe | Reckitt, Harold James | Wilson, John (Falkirk) |
Hobhouse, C.E.H. (Bristol, E.) | Reddy, M. | Wood, James |
Hobhouse,RtHnH. (Somers't,E | Reid,Sir R. Threshie (Dumfries | Woodhouse, SirJT (Huddersf'd |
Horniman, Frederick John | Rickett, J. Compton | Yoxall, James Henry |
Hutchinson, Dr. Charles Fredk. | Rigg, Richard | |
Jacoby, James Alfred | Roberts, John Bryn (Eifion) | |
Johnson, John (Gateshead) | Roberts, John H. (Denbighs.) | TELLERS FOR THE AYES—Mr. |
Joicey, Sir James | Robertson, Edmund (Dundee) | Ellis Griffith and Mr. |
Jones, David Brynmor(Swansea | Robson, William Snowdon | Dalziel. |
Jordan Jeremiah | Roche, John | |
NOES. | ||
Agg-Gardner, James Tynte | Balfour, Rt Hn Gerald W (Leeds | Butcher, John George |
Agnew, Sir Andrew Noel | Banbury, Sir Frederick George | Campbell,Rt.Hn.JA (Gasgow) |
Aird, Sir John | Barry,Sir Francis T. (Windsor) | Carson, Rt. Hon. Sir Edw. H. |
Anson, Sir William Reynell | Bathurst, Hn. Allen Benjamin | Cautley, Henry Strother |
Arkwright, John Stanhope | Bhownaggree, Sir M. M. | Cavendish, V.C.W.(Derbyshire |
Arrol, Sir William | Bignold, Arthur | Cayzer, Sir Charles William |
Atkinson, Rt. Hon. John | Bill, Charles | Cecil, Evelyn (Aston Manor) |
Aubrey-Fletcher,Rt. Hn.SirH. | Blundell, Colonel Henry | Cecil, Lord Hugh (Greenwich) |
Austin, Sir John | Bond, Edward | Chamberlain, RtHn J.A. (Worc. |
Bagot, Capt. Josceline FitzRoy | Boscawen, Arthur Griffith | Chamberlayne, T. (S'thampton |
Bailey, James (Walworth) | Bousfield, William Robert | Chapman, Edward |
Bain, Colonel James Robert | Bowles,Lt.-Col.H.F (Middlesex | Charrington, Spencer |
Churchill, Winston Spencer | ||
Baird, John George Alexander | Bowles,T.Gibson (King'sLynn | Clive, Captain Percy A. |
Balcarres, Lord | Brodrick, Rt. Hon. St. John | Coates, Edward Feetham |
Baldwin, Alfred | Brotherton, Edward Allen | Cochrane,Hon. Thos. H. A. E |
Balfour,Rt. Hn. A. J.(Manch'r | Burdett-Coutts, W. | Coddington, Sir William |
Coghill, Douglas Harry | Horner, Frederick William | Purvis, Robert |
Cohen, Benjamin Louis | Houldsworth, Sir Wm. Henry | Pym, C. Guy |
Colomb, Rt. Hn. Sir John C. R. | Hoult, Joseph | Rankin, Sir James |
Colston, Chas, Edw. H. Athole | Houston, Robert Paterson | Ratcliff, R. F. |
Cox, Irwin Edward Bainbridge | Howard, J.(Midd., Tottenham | Reid, James (Greenock) |
Craig, Charles Curtis (Antrim, S | Hozier, Hn. James Henry Cecil | Remnant, James Farquharson |
Crean, Eugene | Hudson, George Bickersteth | Renshaw, Sir Charles Bine |
Cripps, Charles Alfred | Jeffreys, Rt. Hn. Arthur Fred | Renwick, George |
Cross, Herb. Shepherd (Bolton) | Kennaway, Rt. Hn. Sir J. H. | Richards, Henry Charles |
Crossley, Rt. Hon. Sir Savile | Kenyon, Hn. Geo. T. (Denbigh) | Ridley, S. Forde (Bethnal Green |
Dalkeith, Earl of | Kenyon-Slaney, Col. W. (Salop | Ritchie, Rt. Hn. Chas. Thomson |
Dalrymple, Sir Charles | Kerr, John | Roberts, Samuel (Sheffield) |
Davenport, William Bromley | Kimber, Henry | Robertson, Herbert (Hackney) |
Davies, Sir Horatio D.(Chatham | King, Sir Henry Seymour | Robinson, Brooke |
Denny, Colonel | Laurie, Lieut.-General | Rolleston, Sir John F. L. |
Dickinson, Robert Edmond | Law, Andrew Bonar (Glasgow' | Rollit, Sir Albert Kaye |
Dickson, Charles Scott | Lawson, J. Grant (Yorks. N.R. | Ropner, Colonel Sir Robert |
Dickson-Poynder, Sir John P. | Lee, Arthur H (Hants., Fareham | Round, Rt. Hon. James |
Dimsdale, Rt. Hon. Sir Joseph C. | Legge, Col. Hon. Heneage | Rutherford, John (Lancashire) |
Disraeli, Coningsby Ralph | Llewellyn, Evan Henry | Rutherford, W. W. (Liverpool) |
Dixon-Hartland, Sir Fred Dixon | Loder, Gerald Walter Erskine | Sackville, Col. S. G. Stopford- |
Doogan, P. C. | Long, Col. Charles W.(Evesham | Sadler, Col. Samuel Alexander |
Doughty, George | Long, Rt. Hn. Walter (Bristol,S) | Samuel, Sir Harry S.(Limehouse |
Douglas, Rt. Hon. A. Akers | Lonsdale, John Brownlee | Sassoon, Sir Edward Albert |
Doxford, Sir William Theodore | Lowe, Francis William | Seely, Charles Hilton (Lincoln) |
Duke, Henry Edward | Lowther, C. (Cumb. Eskdale) | Sharpe, William Edward T. |
Durning-Lawrence, Sir Edwin | Loyd, Archie Kirkman | Shaw-Stewart, Sir H.(Renfrew) |
Dyke, Rt. Hn. Sir William Hart | Lucas, Col. Francis (Lowestoft) | Sheehan, Daniel Daniel |
Egerton, Hon. A. de Tatton | Lucas Reginald J. (Portsmouth) | Simeon, Sir Barrington |
Elliot, Hon. A. Ralph Douglas | Lyttelton, Rt. Hon. Alfred | Smith HC. (North'mb. Tyneside |
Faber, Edmund B. (Hants, W.) | Macdona, John dimming | Spear, John Ward |
Fergusson, Rt. Hn. Sir J.(Manc'r | MacIver, David (Liverpool) | Stanley, Edward Jas. (Somerset) |
Fielden, Edward Brocklehurst | Maconochie, A. W. | Stanley, Rt. Hon. Lord (Lancs.) |
Pinch, Rt. Hon. George H. | M'Fadden, Edward | Stewart, Sir Mark J. M'Taggart |
Finlay, Sir Robert Bannatyne | M'Iver, Sir Lewis (Edinburgh W | Stirling-Maxwell, Sir John M. |
Fisher, William Hayes | M'Killop, James (Stirlingshire) | Stock, James Henry |
Fison, Frederick William | M'Killop, W. (Sligo, North) | Stone, Sir Benjamin |
FitzGerald, Sir Robert Penrose | Manners, Lord Cecil | Stroyan, John |
Fitzroy,Hn. Edward Algernon | Martin, Richard Biddulph | Talbot Rt. Hn. J.G. (Oxf'd Univ. |
Flannery, Sir Fortescue | Massey-Mainwaring, Hn. W.F. | Taylor, Austin (East Toxteth) |
Flower, Sir Ernest | Maxwell, Rt Hn Sir H.E. (Wigt'n | Thorburn, Sir Walter |
Forster, Henry William | Maxwell, W. T.H (Dumfriesshire | Tollemache, Henry James |
Foster, Philip S. (Warwick, S. W. | Melville, Beresford Valentine | Tomlinson, Sir Wm. Edw. M. |
Galloway, William Johnson | Meysey-Thompson, Sir H. M. | Tritton, Charles Ernest |
Gardner, Ernest | Mildmay, Francis Bingham | Tuff, Charles |
Garfit, William | Milvain, Thomas | Tuffnell, Lieut.-Col. Edward |
Gibbs, Hon. A. G. H. | Montagu, G. (Huntingdon) | Valentia, Viscount |
Gordon, Hn. J E (Elgin & Nairn) | Montagu, Hn. J. Scott (Hants.) | Vincent, Col. Sir C. E H (Sheffield |
Gordon, Maj Evans (T'r H'mlets | Moon, Edward Robert Pacy | Vincent, Sir Edgar (Exeter) |
Gorst, Rt. Hon. Sir John Eldon | Moore, William | |
Goulding, Edward Alfred | Morgan David J. (Walthamstow | Walker, Col. William Hall |
Graham, Henry Robert | Morrell, George Herbert | Warde, Colonel C. E. |
Greene, Henry D. (Shrewsbury) | Morrison, James Archibald | Webb, Colonel William George |
Greene, W. Raymond (Cambs.) | Morton, Arthur H. Aylmer | Welby, Lt.-Col. A.C.E. (Taunton |
Grenfell, William Henry | Mount, William Arthur- | Welby, Sir Chas. G.E. (Notts.) |
Greville, Hon. Ronald | Murray, Charles J. (Coventry) | Wharton, Rt. Hon. John Lloyd |
Groves, James Grimble | Murray, Col. Wyndham (Bath) | Whiteley, H. (Ashton und. Lyne |
Gunter, Sir Robert | Myers, William Henry | Williams, Colonel R. (Dorset |
Hall, Edward Marshall | Nolan, Col. John P. (Galway, N.) | Willoughby de Eresby, Lord |
Halsey, Rt. Hon. Thomas F | Nolan, Joseph (Louth, South) | Wilson, A. Stanley (York, E.R.) |
Hamilton, Marq of (L'nd'nderry | O'Brien, Patrick (Kilkenny) | Wilson-Todd, Sir W.H.(Yorks.) |
Hardy, Laurence (Kent, Ashford | O'Brien, P. J. (Tipperary, N.) | Wolff, Gustav Wilhelm |
Hare, Thomas Leigh | O'Dowd, John | Worsley-Taylor, Henry Wilson |
Harris, F. Leverton (Tynem'th) | Palmer, Walter (Salisbury) | Wrightson, Sir Thomas |
Harris, Dr. Fredk. R. Dulwich) | Peel Hn. Wm. Robert Wellesley | Wyndham, Rt. Hon. George |
Hay, Hon. Claude George | Pemberton, John S. G. | Wyndham-Quin, Col. W. H. |
Heath, James (Staffords. N.W. | Percy, Earl | Yerburgh, Robert Armstrong |
Heaton, John Henniker | Pierpoint, Robert | Young, Samuel |
Helder, Augustus | Pilkington, Colonel Richard | Younger William |
Henderson, Sir A. (Stafford, W.) | Platt-Higgins, Frederick | |
Hickman, Sir Alfred | Plummer, Walter R. | |
Hoare, Sir Samuel | Powell, Sir Francis Sharpe | TELLERS FOR THE NOES— |
Hogg, Lindsay | Pretyman, Ernest George | Sir Alexander Acland-Hood |
Hope, J.F.(Sheffield, Brightside | Pryce-Jones, Lt.-Col. Edward | and Mr. Ailwyn Fellowes |
MR. HERBERT ROBERTS (Denbighshire, W.)said the object of the Amendment he now proposed to move was to secure that no change in the machinery with regard to licensing administration should take place except on the condition that quarter sessions decided to levy the annual charge referred to in Sub-section 1, Clause 3, of the Bill. The root principle of this Bill was to attempt to reduce licences throughout the country, but that, in the view of the Government, could not be adequately or justly done without payment of compensation. The Government had made it clear that there would have been no need for any change in regard to licensing jurisdiction had it not been necessary to have a compensation fund of this character for the benefit of those who lost their licences on the sole ground of non-requirement. The Government had more 'than once asserted that it was not their desire to interfere in any way with the jurisdiction of the local licensing justices, but that if it was absolutely necessary to set up a compensation fund then it was necessary for quarter sessions to decide the question of non-renewals on the ground of non-necessity. That being so, what possible ground could there be for any interference with the present powers of jurisdiction of the local justices unless quarter sessions decided to set up a compensation fund? It was admitted that there was an inconvenience with regard to the double jurisdiction and there were undoubtedly serious disadvantages connected with it. He urged this Amendment on the practical ground that above all things it was desirable that every kind of stimulus should be provided for uniformity of action throughout the country in regard to the setting up of this fund. It was perfectly plain that unless every quarter sessions decided to levy the fund the fund would be hopelessly inadequate to bring about any reduction of licences throughout the country. On these grounds he begged to move.
§
Amendment proposed—
In page 1, line 9, after the word 'shall,' to insert the words ' in the event of quarter sessions deciding to impose in respect of all on-licences within their area the charges referred to in Section 3, Sub-section (1), of the Act.'"—(Mr. Herbert Roberts.)
§ Question proposed, "That those words, be there inserted."
§ SIR EDWARD CARSONsaid with regard to this Amendment he had nothing to add to what he had already said on a previous Amendment of a similar character. He asked what reason was there to suppose that quarter sessions would refuse to carry out their duty when this Bill was passed, any more than they refused to carry it out now. The whole argument in favour of this Amendment appeared to be that they were to assume that quarter sessions, when this Bill was passed, would refuse to administer the law. Did not the hon. Member who moved the Amendment see that if quarter sessions did not set up a compensation fund what it involved? Quarter sessions would at some time have to say, "We will not do our duty in the renewal of licences." They could not segregate the two cases. Directly quarter sessions refused to set up a compensation fund they abrogated all their functions under the Bill. If the Amendment were passed it would be necessary to go further and abolish quarter sessions altogether, because they might decide to set up the fund, but charge the minimum instead of the maximum rates, and thus defeat the purpose of the fund. It they were wicked enough to do the one thing they were bad enough to do the-other. There was really no ground for treating quarter sessions in this way, they had always transacted their business properly, and there was no reason to suppose that they would adopt a different course in the future.
§ MR. SHACKLETON (Lancashire, Clitheroe)pointed out that, inasmuch as the municipal authorities were losing their rights, there would be no reduction of licences whatever if the quarter sessions refused to act. It was only reasonable that this provision should be made compulsory. The local justices were most in touch with local opinion, but there was nothing in the Bill to give effect to the recommendation of both Reports of the Royal Commission that local opinion should be consulted. The Commission recommended that the licensing authority should be a combination of the justices and elected persons 837 from the town council, but there was no provision of that kind in the Bill. As the powers of the borough justices were to be taken away, the county justices ought to be compelled to do something on the recommendation of the local magistrates. His experience as a borough magistrate had not been such as to satisfy him that the county justices would take the necessary steps without pressure. He hoped, therefore, the Government would not refuse the concession asked for by this Amendment.
§ MR. ASQUITH (Fifeshire, E.)said the conditions under which the discussion was being carried on did not admit of anything like free or adequate debate, but the matter raised by the present Amendment was of so much urgency, and the grounds on which the hon. Member had rested his case were so strong, that he thought the Government might give it a little more consideration. The proposal of the Amendment was that the jurisdiction at present possessed by the licensing justices should be retained by them unless quarter sessions, to which that jurisdiction was by this Bill to be transferred, resolved to set up this fund. He entirely demurred to the suggestion of the Solicitor-General that the quarter sessions would be guilty of any neglect of duty if they refused to raise the fund. In some counties it was in the highest degree probable that quarter sessions would not think it worth while to do so. In consequence of the small-ness of the area involved the fund would be wholly inadequate to effect any substantial reduction of licences, and quarter sessions might very reasonably say that they would have nothing whatever to do with the matter. What would be the position then? The power of the licensing justices
§ would have been taken away, and in its place a nugatory power given to quarter sessions; therefore in those counties the whole thing would be hung up, and there would be no authority in a position to exercise a jurisdiction which everybody admitted to be necessary. A. more reasonable Amendment had not, m his opinion, been proposed in the whole course of the discussion.
§ SIR EDWARD CARSONsaid the argument of the right hon. and learned Gentleman would be all very well if the local authorities had an absolute power to refuse licences, but they had no such power, as the last word already lay with quarter sessions. He regretted that the right hon. Gentleman should have said that quarter sessions would be able to ignore the Bill. But if any quarter sessions were in that frame of mind, if this Amendment were carried how many licences were they likely to do away with on the appeal of the local justices? The same matters would be operative with them, and would render the provision nugatory.
§ MR. DISRAELI (Cheshire, Altrincham)did not believe the quarter sessions of a single English county would refuse to take this matter up and act. Quarter sessions throughout the country had long desired to do something in the way of the reduction of licences, but they had not possessed the power. They were now to have the power, and it was not likely that any body of English gentlemen would refuse to exercise it.
§ Question put.
§ The Committee divided:—Ayes, 176; Noes, 267. (Division List No. 203.)
843AYES. | ||
Ainsworth, John Stirling | Boland, John | Cameron, Robert |
Allen, Charles P. | Brigg, John | Campbell-Bannerman, Sir H. |
Ashton, Thomas Gair | Broadhurst, Henry | Cawley, Frederick |
Atherley-Jones, L. | Brown, George M.(Edinburgh) | Channing, Francis Allston |
Barlow, John Emmott | Brunner, Sir John Tomlinson | Condon, Thomas Joseph |
Barran, Rowland Hirst | Bryce, Rt. Hon. James | Corbett, A. Cameron (Glasgow) |
Bayley, Thomas (Derbyshire) | Buchanan, Thomas Ryburn | Craig, Robert Hunter (Lanark) |
Beaumont, Wentworth, C. B. | Burt, Thomas | Cremer, William Randal |
Benn, John Williams | Buxton, Sydney Charles | Crombie, John William |
Black, Alexander William | Caldwell, James | Crooks, William |
Cross, Alexander (Glasgow) | Jordan, Jeremiah | Robertson, Edmund (Dundee) |
Dalziel, James Henry | Joyce, Michael | Robson, William Snowdon |
Davies, Alfred (Carmarthen) | Kitson, Sir James | Roche, John |
Davies, M. Vaughan-(Cardigan | Rose, Charles Day | |
Delany, William | Lambert, George | Runciman, Walter |
Devlin, Chas. Ramsay (Calway | Langley, Batty | Russell, T. W. |
Dilke, Rt. Hon. Sir Charles | Lawson, Sir Wilfrid (Cornwall | Samuel, S. M. (Whitechapel) |
Dobbie, Joseph | Layland-Barratt, Francis | Shaw, Charles Edw. (Stafford) |
Doogan, P. C. | Leese SirJoseph F.(Accrington | Shaw, Thomas (Hawick, B.) |
Douglas, Charles M. (Lanark) | Leigh, Sir Joseph | Sheehy, David |
Duncan, J. Hastings | Long, Sir John | Shipman, Dr. John G. |
Dunn, Sir William | Levy, Maurice | Sinclair, John (Forfarshire) |
Lewis, John Herbert | Slack, John Bamford | |
Edwards, Frank | Lloyd-George, David | Sloan, Thomas Henry |
Elibank, Master of | Lough, Thomas | Smith, Samuel (Flint) |
Ellice, Capt EC (S. Andrw's Bghs | Lundon, W. | Soames, Arthur Wellesley |
Ellis, John Edward (Notts.) | Lyell, Charles Henry | Spear, John Ward |
Emmott, Alfred | Macnamara, Dr. Thomas J. | Stanhope, Hon. Philip James |
Esmonde, Sir Thomas | MacNeill, John Gordon Swift | Stevenson, Francis S. |
Evans, Sir Francis H.(Maidstone | MacVeagh, Jeremiah | Strachey, Sir Edward |
Evans, Samuel T. (Glamorgan) | M'Arthur, William (Cornwall) | Sullivan, Donal |
Fenwick, Charles | M'Crae, George | Taylor, Theodore C. (Radcliffe) |
Ferguson, R. C. Munro (Leith) | M'Kenna, Reginald | Thomas, Abel (Carmarthen |
Fitzmaurice, Lord Edmond | Mansfield, Horace Rendall | Thomas, Sir A. (Glamorgan, E.) |
Foster, Sir Walter (Derby Co.) | Mappin, Sir Frederick Thorpe | Thomas, David Alfred (Merthyr) |
Fowler, Rt. Hon. Sir Henry | Markham, Arthur Basil | Thomas, J A (Glamorgan, Gower |
Freeman-Thomas, Captain F. | Mitchell, Edw. (Fermanagh, N.) | Tillet, Louis John |
Fuller, J. M. F. | Morgan, J. Lloyd (Carmarthen) | Tomkinson, James |
Furness, Sir Christopher | Moss, Samuel | Toulmin, George |
Gladstone, Rt. Hn. Herbert John | Moulton, John Fletcher | Trevelyan, Charles Philip |
Goddard, Daniel Ford | Murphy John | Ure, Alexander |
Grant, Corrie | Norton, Capt. Cecil William | Wallace, Robert |
Grey, Rt. Hn. Sir E.( Berwick) | Nussey, Thomas Willans | Walton, JohnLawson (Leeds, S.) |
Griffith, Ellis T. | O'Brien, Kendal (Tipperary Mid | Walton, Joseph (Barnsley) |
Gurdon, Sir W. Brampton | O'Donnell, T. (Kerry, W.) | Wason, Eugene (Clackmannan) |
Hain, Edward | O'Kelly, James(Roscommon,N | Wason, John Cathcart(Orkney) |
Harcourt, Lewis V.(Rossendale | O'Mulley, William | White, George (Norfolk) |
Harcourt, Rt Hn Sir W (Monm'th | O'Shaughnessy, P. J. | White, Luke (York, E.R.) |
Harwood, George | Parrott, William | Whitley, J. H. (Halifax) |
Hayter, Rt. Hon. Sir Arthur D. | Partington, Oswald | Whittaker, Thomas Palmer |
Hemphill, Rt. Hon. Charles H. | Paulton, James Mellor | Wilson, Chas. Henry (Hull, W. |
Henderson, Arthur (Durham) | Perks, Robert William | Wilson, Henry J. (York, W.R.) |
Higham, John Sharpe | Philipps, John Wynford | Wilson, John (Falkirk) |
Hobhouse, C. E. H. (Bristol, E.) | Price, Robert John | Wood, Tames |
Horniman, Frederick John | Rea, Russell | Woodhouse Sir J.T (Hudd'rsfi'd |
Hutchinson, Dr. Charles Fredk. | Reckitt, Harold James | Yoxall, James Henry |
Hutton, Alfred E. (Morley) | Reddy, M. | |
Jacoby, James Alfred | Reid, Sir R. Threshie (Dumfries | TELLERS FOR THE AYES— |
Johnson, John (Gateshead) | Rickett, J. Compton | Mr. Herbert Roberts and |
Joicey, Sir James | Rigg, Richard | Mr. Shackleton. |
Jones, David Brynmor (Swansea | Roberts, John Bryn (Eifion) | |
NOES. | ||
Agg-Gardner, James Tynte | Balfour, Rt Hn Gerald W. (Leeds | Burdett-Coutts, W. |
Agnew, Sir Andrew Noel | Banbury, Sir Frederick George | Butcher, John George |
Aird, Sir John | Barry, Sir Francis T.(Windsor) | Campbell, Rt. Hn. J.A.(Glasgow |
Anson, Sir William Reynell | Bathurst, Hon. Allen Benjamin | Carson, Rt. Hon. Sir Edw. H. |
Arkwright, John Stanhope | Bhownaggree, Sir M. M. | Cautley, Henry Strother |
Arrol, Sir William | Bignold, Arthur | Cavendish, V.C.W. (Derbyshire |
Atkinson, Rt. Hon. John | Bill, Charles | Cayzer, Sir Charles William |
Aubrey-Fletcher Rt. Hon. Sir H | Blundell, Colonel Henry | Cecil, Evelyn (Aston Manor) |
Austin, Sir John | Bond, Edward | Cecil, Lord Hugh (Greenwich) |
Bagot, Capt. Josceline FitzRoy | Boscawen, Arthur Griffith- | Chamberlain, Rt Hn J.A.(Worc. |
Bailey, James (Walworth) | Bousfield, William Robert | Chamberlayne, T. (S'thampton |
Bain, Colonel James Robert | Bowles, Lt. Col. H.F.(Middlesex | Chapman, Edward |
Baird, John George Alexander | Charrington, Spencer | |
Balcarres, Lord | Bowles, T. Gibson (King's Lynn | Churchill, Winston Spencer |
Baldwin, Alfred | Brodrick, Rt. Hon. St. John | Clare, Octavius Leigh |
Balfour, Rt. Hon. A. J.(Manch'r | Brotherton, Edward Allen | Clive, Captain Percy A. |
Bull, William James | Coates, Edward Feetham |
Cochrane, Hon. Thos. H. A. E. | Helder, Augustus | O'Brien, P. J.(Tipperary, N.) |
Coddington, Sir William | Henderson, Sir A.(Stafford, W.) | Palmer, Walter (Salisbury) |
Coghill, Douglas Harry | Hickman, Sir Alfred | Peel, Hn. Wm. Robert Wellesley |
Cohen, Benjamin Louis | Hoare, Sir Samuel | Percy, Earl |
Colomb, Rt. Hon. Sir John C.R. | Hobhouse, Rt. Hn H(Somers't, E | Pierpoint, Robert |
Colston, Chas. Edw. H. Athole | Hogg, Lindsay | Pilkington, Colonel Richard |
Cox, Irwin Edward Bainbridge | Hope, J. F. (Sheffield, Brightside | Plummer, Walter R. |
Craig. Chas. Curtis (Antrim, S.) | Horner, Frederick William | Powell, Sir Francis Sharp |
Crean, Eugene | Houldsworth, Sir Wm. Henry | Pretyman, Ernest George |
Cripps, Charles Alfred | Hoult, Joseph | Pryce-Jones, Lt.-Col. Edward |
Cross, Herb. Shepherd (Bolton) | Houston, Robert Paterson | Purvis, Robert |
Crossley, Rt. Hon. Sir Savile | Howard, J.(Midd., Tottenham | Pym, C. Guy |
Dalkeith, Earl of | Hozier, Hn. James Henry Cecil | Rankin, Sir James |
Dalrymple, Sir Charles | Hudson, George Bickersteth | Ratcliff, R. F. |
Davenport, W. Bromley- | Jeffreys, Rt. Hon. Arthur Fred | Reid, James (Greenock) |
Davies, Sir Horatio D. (Chatham | Jessel, Captain Herbert Merton | Remnant, James Farquharson |
Dickinson, Robert Edmond | Johnstone, Heywood (Sussex) | Renshaw, Sir Charles Bine |
Dickson, Charles Scott | Kennaway, Rt. Hn. Sir John H. | Renwick, George |
Dimsdale, Rt.Hn. Sir Joseph C | Kenyon, Hn. Geo. T.(Denbigh) | Richards, Henry Charles |
Disraeli, Coningsby Ralph | Kenyon-Slaney, Col. W. (Salop. | Ridley, S. Forde (BethnalGreen |
Dixon-Hartland, Sir Fred Dixon | Kerr, John | Roberts, Samuel (Sheffield) |
Dorington, Rt. Hon. Sir John E. | Kimber, Henry | Robertson, Herbert (Hackney) |
Doughty, George | King, Sir Henry Seymour | Robinson, Brooke |
Douglas, Rt. Hon. A. Akers- | Knowles, Sir Lees | Rolleston, Sir John F. L. |
Doxford, Sir William Theodore | Laurie, Lieut.-General | Rollit, Sir Albert Kaye |
Duke, Henry Edward | Law, Andrew Bonar (Glasgow) | Ropner, Colonel Sir Robert |
Durning-Lawrence, Sir Edwin | Lawson, John Grant (Yorks. N. R | Round, Rt. Hon. James |
Dyke, Rt. Hon. Sir William Hart | Lee, Arthur H (Hants. Fareham | Rutherford, John (Lancashire) |
Egerton, Hon. A. de Tatton | Legge, Col. Hon. Heneage | Rutherford, W. W. (Liverpool) |
Faber, Edmund B.(Hants, W.) | Llewellyn, Evan Henry | Sackville, Col. S. G. Stopford- |
Fergusson Rt. Hn. Sir J.(Manc | Loder, Gerald Walter Erskine | Sadler, Col. Samuel Alexander |
Finch, Rt. Hon. George H. | Long Col. Chas. W. (Evesham) | Samuel SirHarry S.(Limehouse |
Finlay, Sir Robert Bannatyne | Long Rt. Hn. Walter (Bristol, S) | Sassoon, Sir Edward Albert |
Fisher, William Hayes | Lonsdale, John Brownlee | Seely, Charles Hilton (Lincoln) |
Fison, Frederick William | Lowe, Francis William | Seton-Karr, Sir Henry |
FitzGerald, Sir Robert Penrose- | Lowther, C. (Cumb., Eskdale) | Snarpe, William Edward T. |
Fitzroy, Hon. Ed ward Algernon | Loyd, Archie Kirkman | Shaw-Stewart, Sir H.(Renfrew) |
Flannery, Sir Fortescue | Lucas, Reginald J. (Portsmouth | Sheehan, Daniel Daniel |
Flavin, Michael Joseph | Lyttelton, Rt. Hon. Alfred | Simeon, Sir Barrington |
Flower, Sir Ernest | Macdona, John dimming | Smith, HC(North'mb Tyneside |
Forster, Henry William | Maconochie, A. W. | Stanley, Ed ward Jas. (Somerset) |
Foster, Philip S.(Warwick, S.W. | M'Fadden, Edward | Stanley, Rt. Hon. Lord (Lancs |
Galloway, William Johnson | M"Iver, Sir Lewis (Edinburgh, W | Stewart, Sir Mark J. M'Taggart |
Gardner, Ernest | M'Killop, James (Stirlingshire) | Stirling-Maxwell, Sir John M. |
Garfit, William | Majendie, James A. H. | Stock, James Henry |
Gibbs, Hon. A. G. H. | Manners, Lord Cecil | Stone, Sir Benjamin |
Gordon, Hn. J.E.(Elgin & Nairn) | Martin, Richard Biddulph | Stroyan, John |
Gordon, Maj Evans-(T'r H'mlets | Massey-Mainwaring, Hn. W.F. | Talbot, Lord E. (Chichester) |
Gorst, Rt. Hon. Sir John Eldon | Maxwell, Rt Hn. Sir H.E(Wigt'n | Talbot Rt. Hn. J.G.(Oxf'd Univ. |
Goschen, Hon. George Joachim | Maxwell, W.J.H(Dumfriesshire | Taylor, Austin (East Toxteth) |
Goulding, Edward Alfred | Melville, Beresford Valentine | Thorburn, Sir Walter |
Graham, Henry Robert | Meysey-Thompson, Sir H. M. | Tollemache, Henry James |
Greene, Henry D.(Shrewsbury) | Mildmay, Francis Bingham | Tomlinson. Sir Wm. Edw. M. |
Greene, W. Raymond (Cambs) | Milvain, Thomas | Tritton, Charles Ernest |
Grenfell, William Henry | Montagu, G. (Huntingdon) | Tuff, Charles |
Gretton, John | Moon, Edward Robert Pacy | Valentia, Viscount |
Greville, Hon. Ronald | Moore, William | Vincent, Col. Sir C. EH(Sheffield |
Groves, James Grimble | Morgan David J.(Walthamstow | Walker, Col. William Hall |
Gunter, Sir Robert | Morpeth, Viscount | Warde, Colonel C. E. |
Hall, Edward Marshall | Morrell, George Herbert | Webb, Colonel William George |
Halsey, Rt. Hon. Thomas F. | Morrison, James Archibald | Welby, Lt.Col. C.E.(Taunton |
Hambro, Charles Eric | Morton, Arthur H. Aylmer | Welby, Sir Charles G.E. (Notts. |
Hamilton, Marq. of (L'donderry | Mount, William Arthur | Wharton, Rt. Hon. John Lloyd |
Hardy Laurence (Kent, Ahford) | Murray, Charles J. (Coventry) | Whiteley, H.(Ashton und. Lyne |
Hare, Thomas Leigh | Murray, Col. Wyndham (Bath) | Whitmore, Charles Algernon |
Harris, F. Leverton (Tynem'th | Myers, William Henry | Williams, Colonel R. (Dorset) |
Harris Dr. Fredk. R. (Dulwich) | Newdegate, Francis A. N. | Willoughby de Eresby, Lord |
Hay, Hon. Claude George | Nolan, Col. John P.(Galway, N.) | Wilson, A. Stanley(York, E.R.) |
Heath, James(Staffords., N. W.) | Nolan, Joseph (Louth, South) | Wilson-Todd, Sir W.H.(Yorks) |
Heaton, John Henniker | O'Brien, Patrick (Kilkenny) | Wolff, Gustav Wilhelm |
Worsley-Taylor, Henry Wilson | Wyndham-Quin, Col. W. H. | TELLERS FOR THE NOES— |
Wortley, Rt. Hon. C.B. Stuart | Yerburgh, Robert Armstrong | Sir Alexander Acland-Hood |
Wrightson, Sir Thomas | Young, Samuel | and Mr. Ailwyn Fellowes. |
Wyndham, Rt. Hon. George | Younger, William |
§ MR. J. H. LEWIS (Flint Boroughs)said the object of his Amendment was to give quarter sessions the option of remaining outside the scope of the Act altogether, and that was a totally different question to the one which had just been decided. His proposal would enable quarter sessions, in cases where they considered it desirable, to wait in order that they might see how the Act operated in other counties. They all knew that at the commencement of an Act of this kind administrative mistakes were constantly made, and the various authorities gained by each other's experience. He thought it was desirable that there should be a certain amount of local option. Some countries were much more highly licensed than others, and some had not such a large proportion of licences. What they were doing by this Bill was to absolutely close every possible door by which any sort of different administration could be carried out as an experiment in different districts in the future. Surely the experience of their Colonies, and of Norway, Sweden, and the United States, supplied them with a sufficient number of precedents to work upon. They were by this measure making any sort of licensing reforms impossible except upon the lines suggested by this Bill. He particularly asked that in the Welsh counties they should have in the future some chance of settling this question in their own way, and on their own lines. If Courts of quarter sessions in Wales, knowing the feelings of the Welsh people, should decide that it would be better to defer putting the Act into operation in order to see whether some better method could be found, which would promote temperance reform, he suggested that some liberty should be given to those Courts to adopt that course. The fact that there was no time limit in the Bill made an Amendment of this kind all the more necessary. Had there been a time limit they might have looked forward to some change of a beneficial character not altogether upon the lines of this Bill. He urged that the Government should give some measure of local option to the counties in-order that some of the 844 counties might keep outside the sphere of this Bill, and thus give Parliament an opportunity of perhaps settling the question in a different way in the future. For the reasons he had given he hoped the Government would see their way to accept the Amendment he had proposed.
§
Amendment proposed—
In page 1, line 9, after the word 'shall,' to insert the words, 'when quarter sessions so determine.'"—(Mr. J. H. Lewis.)
§ Question proposed, "That those words be there inserted."
§ MR. AKERS-DOUGLASsaid the object of the hon. Member's Amendment was to wait to see how the Bill operated in neighbouring counties; and he also desired that there should be a general local option in regard to the Act altogether. The Government thought the Bill was for the general benefit of the public and he saw no reason why the principle laid down should not apply all round. On these grounds he could not agree to the Amendment.
§ MR. MUNRO FERGUSON (Leith Burghs)said that after his experience on the Licensing Bench he was quite certain that justices would object to the alteration proposed in the Bill. It would be entirely against the public interest and there would be considerable feeling on the part of many licensing justices against putting the Bill in operation. They should have the option as the Amendment proposed to remain on their present footing and not adopt the Bill. The Home Secretary has stated that the Bill was one to reduce licences and that that was a good thing. He admitted that was a good thing, but it certainly was not a more important section of licensing reform than some others. There were half-a-dozen objects of even greater importance than the mere reduction of licences, and, keen as he was himself for restricting the excessive use of liquor, he was certain that this was not a Bill which should be put in operation by a Bench that had 845 the power of effecting reforms in the liquor traffic in other ways. This was a vicious Bill and the local justices should have the power of not adopting it.
Mr. CHARLES HOBHOTJSE (Bristol, E.)said it was only fair that the opinion of the local justices should receive some attention in regard to a Bill of this sort, which they had to administer. The spirit of local option which the Amendment proposed to introduce into the Bill already obtained in regard to the Education Act. It was a spirit which had been found on the whole to make Acts of Parliament work fairly. Whether this Bill was good or bad was outside the question now before the Committee. The magistrate who disapproved of the measure would always be loth to administer it. Yet as a matter of fact Licensing Benches would have, after all, to put the Act into operation. That being so, some power of discrimination in this matter should be left to the licensing justices. Quarter sessions were supposed to know the conditions of a whole county over which they administered justice, and on the whole it was a fair contention that, knowing those conditions, they would he in a better position than the House to apply the Bill. For this reason the elasticity provided for by the Amendment should be put into the Bill.
§ Mr. J. H. LEWISregretted that the Government could not see their way to make a concession on this point, and all the more so because some of the counties were so extremely large that quarter sessions might reasonably consider that they could not take over the powers of the local justices which were given to them by this Bill, and that they would prefer to see how the experiment worked in other parts of the country. In his own county it was variously estimated that it would take between eighty and 100 years to get the number of licences down to the same level as in the adjoining county of Merioneth. In the course of the debate it had been mentioned that the average cost of a licence would be £800. He believed that was the figure given officially in a pamphlet written on behalf of the trade. Quarter sessions might reasonably flay: "We will see whether some better means of reducing licences cannot be got 846 than this, and in the meantime we will collect experience from all parts of the country." If the right hon. Gentleman would not accept the Amendment he would be bound to press it to a division.
§ MR. JOHNSON (Gateshead)said he believed it was desirable that local justices should have the option, in connection with this Bill, of waiting to get some experience before adopting it. He regretted that the Government had not accepted the Amendment. It appeared to him that the Government were not only determined to make no concessions whatever, but that this Bill was to be put through by sheer force, and that the smallest attempts on the Opposition side of the House to minimise its drastic effects were to be absolutely ignored. He hoped that some concessions which would be likely to make the Bill workable would be granted. Surely the local justices were the best able to judge whether the Bill should be put in operation or not. But it appeared to him no discretion was to be given, even to the Courts of quarter sessions, and that they must adopt and carry out the Bill at all hazards.
§ Mr. WHITLEYsaid his hon. friend was quite correct in appealing to the analogy of the Education Bill. The great mistake which was made in connection with the Education Bill, and which was having a disastrous effect all over the country at the present moment, was that the areas were too big for any single body to deal with. The Government had already acknowledged their mistake in that respect by adopting smaller areas under the Scotch Education Bill. In the Bill now before the Committee they proposed to have a body which would rest on the advice of officials. The Amendment proposed that power should be left to quarter sessions to divide their administrative areas into districts, and to delegate their duties in that way.
§ Mr. LAMBERT (Devonshire,) South Moltonsaid that, after all, they wanted to give local authorities some option as to what they should do, as they knew what they were fitted for. A protest was made in Devonshire against being saddled with the duties of the Education Act, and now 847 the cost of administration had gone up enormously without any increased efficiency. Who was to pay for the increased staff consequent on the Licensing Bill? He was certain the ratepayers in his county would strongly object. The Government thought the county was a sort of divine area. A county could do no wrong, but anything less than a county area was hopeless. If a county was fitted to carry out the duties surely it was fitted to know whether it should carry them out or not. These were entirely novel proposals and he would ask the Government to give some elasticity to county bodies as to what they should put in force. Owing to the drastic proposals of the Government he did not know what this Bill really proposed to do. Supposing the county justices did not put the Bill in force, were there any compulsory powers provided to compel them to put it in force? He might be told that that
§ question would arise later on, but it might be wiped out by closure by compartments. The Amendment of his hon. friend was perfectly conciliatory, and if the Government were not proof against accepting any suggestion for the improvements of the Bill, which he was afraid they were, he hoped they would give a favourable ear to his hon. friend's proposal. If not, it would only be another case of the extravagant inefficiency caused by this scheme of the Government, which meant something like centralisation gone mad. If they were met with a blank refusal by the Government they could, of course, only support their opinion in the Division Lobby.
§ Question put.
§ The Committee divided:—Ayes, 116; Noes, 271. (Division List No. 204.)
851AYES. | ||
Ainsworth, John Stirling | Gladstone, Rt. Hn. Herbert John | Perks, Robert William |
Allen, Charles P. | Goddard, Daniel Ford | Philipps, John Wynford |
Asquith, Rt. Hn. Herbert Henry | Grey, Rt. Hon. Sir E. (Berwick) | Price, Robert John |
Barlow, John Emmott | Griffith, Ellis J. | Reddy, M. |
Bayley, Thomas (Derbyshire) | Hain, Edward | Reid, Sir R. Threshie (Dumfries |
Beaumont, Wentworth C. B. | Haldane, Rt. Hon. Richard B. | Rigg, Richard |
Benn, John Williams | Harcourt, Rt Hn Sir W (Monm'th | Robertson, Edmund (Dundee) |
Boland, John | Hayter, Rt. Hon. Sir Arthur D. | Roche, John |
Bryce, Rt. Hon. James | Hemphill, Rt. Hon. Charles H. | Russell, T. W. |
Burt, Thomas | Henderson Arthur (Durham) | Samuel, S. M. (Whitechapel) |
Buxton, Sydney Charles | Higham, John Sharpe | Schwann, Charles E. |
Caldwell, James | Hobhouse, C. E. H. (Bristol, E.) | Shackleton, David James |
Campbell-Bannerman, Sir H. | Hutchinson, Dr. Charles Fredk. | Shaw, Charles Edw. (Stafford) |
Cawley, Frederick | Hutton, Alfred E. (Morley) | Shaw, Thomas (Hawick, B.) |
Channing, Francis Allston | Jacoby, James Alfred | Shipman, Dr. John G. |
Condon, Thomas Joseph | Jones, William (Carnarvonshire) | Sinclair, John (Forfarshire) |
Corbett, A. Cameron (Glasgow) | Jordan, Jeremiah | Sloan, Thomas Henry |
Craig, Robert Hunter (Lanark) | Joyce, Michael | Soames. Arthur Wellesley |
Cremer, William Randal | Kitson, Sir James | Stanhope, Hon. Philip James |
Cross, Alexander (Glasgow) | Lambert, George | Strachey, Sir Edward |
Davies, Alfred (Carmarthen) | Langley, Batty | Sullivan, Donal |
Davies, M. Vaughan (Cardigan) | Law, Hugh Alex. (Donegal, W.) | Thomas, Sir A. (Glamorgan, E.). |
Delany, William | Leigh, Sir Joseph | Thomas, David Alfred (Merthyr) |
Devlin, Charles Ramsay (Galway | Levy, Maurice | Thomas J A (Glamorgan Gower) |
Dilke, Rt. Hon. Sir Charles | Lundon, W. | Ure, Alexander |
Dobbie, Joseph | Macnamara, Dr. Thomas J. | Wallace, Robert |
Dunn, Sir William | MacNeill, John Gordon Swift | Wason, Eugene (Clackmannan) |
Elibank, Master of | MacVeagh, Jeremiah | Wason, John Cathcart (Orkney |
Emmott, Alfred | M'Arthur, William (Cornwall) | White, Luke (York, E.R.) |
Esmonde, Sir Thomas | M'Laren, Sir Charles Benjamin | Whitley, J. H. (Halifax) |
Evans, Sir Francis H (Maidstone | Mappin, Sit Frederick Thorpe | Williams, Osmond (Merioneth |
Eve, Harry Trelawney | Markham, Arthur Basil | Wilson, Charles Henry (Hull, W.) |
Fenwick, Charles | Mitchell, Edw. (Fermanagh, N.) | Wilson, Fred. W. (Norfolk, Mid) |
Ferguson, R. C. Munro (Leith) | Murphy, John | Wilson, John (Falkirk) |
Fitzmaurice, Lord Edmond | Newnes, Sir George | Wood, James |
Flavin, Michael Joseph | O'Brien, Kendal (Tipperary Mid) | Woodhouse, Sir J.T. (Hudd'rsf'd |
Foster, Sir Walter (Derby Co.) | O'Donnell, T. (Kerry, W.) | |
Fowler, Rt. Hon. Sir Henry | O'Shaughnessy, P. J. | TELLERS FOR THE AYES—Mr. |
Fuller, J. M. F. | Parrott, William | Herbert Lewis and Mr. |
Furness, Sir Christopher | Partington, Oswald | John Johnson. |
NOES. | ||
Agg-Gardner, James Tynte | Doxford, Sir William Theodore | Knowles, Sir Lees |
Agnew, Sir Andrew Noel | Duke, Henry Edward | Laurie, Lieut.-General |
Aird, Sir John | Durning-Lawrence, Sir Edwin | Law, Andrew Bonar (Glasgow |
Anson, Sir William Reynell | Dyke, Rt. Hn. Sir William Hart | Lawson, J. Grant (Yorks. N.R. |
Arrol, Sir William | Egerton, Hon. A. de Tatton | Lee, Arthur H. (Hants., Fareh'm |
Atkinson, Rt. Hon. John | Elliot, Hon. A. Ralph Douglas | Legge, Col. Hon. Heneage |
Aubrey-Fletcher, Rt. Hn. Sir H | Faber, Edmund B. (Hants, W. | Llewellyn, Evan Henry |
Austin, Sir John | Fergusson, Rt. Hn Sir J. (Manc'r | Loder, Gerald Walter Erskine |
Bailey, James (Walworth) | Fielden, Edward Brocklehurst | Long, Col. Chas. W. (Evesham |
Bain, Colonel James Robert | Finch, Rt. Hon. George H. | Long, Rt. Hn. Walter (Bristol, S |
Baird, John George Alexander | Finlay, Sir Robert Bannatyne | Lonsdale, John Brownlee |
Balcarres, Lord | Fisher, William Hayes | Lowe, Francis William |
Balfour, Rt. Hn. A. J. (Manch'r) | Fison, Frederick William | Lowther, C. (Cumb. Eskdale) |
Balfour, Rt. Hn. Gerald W. (Leeds | FitzGerald, Sir Bobert Penrose- | Loyd, Archie Kirkman |
Banbury, Sir Frederick George | Fitzroy, Hn. Edward Algernon | Lucas, Reginald J. (Portsmouth |
Barry, Sir Francis T. (Windsor) | Flannery, Sir Fortescue | Lyttelton, Rt. Hon. Alfred |
Bathurst, Hon. Allen Benjamin | Flower, Sir Ernest | Macdona, John dimming |
Bhownaggree, Sir M. M. | Forster, Henry William | MacIver, David (Liverpool) |
Bignold, Arthur | Foster, Philip S. (Warwick, S. W | Maconochie, A. W. |
Bill, Charles | Galloway, William Johnson | M'Fadden, Edward |
Blundell, Colonel Henry. | Gardner, Ernest | M'Iver, Sir Lewis (Edinburgh) |
Bond, Edward | Garfit, William | M'Killop, James (Stirlingshire |
Boscawen, Arthur Griffith- | Gibbs, Hon. A. G. H. | Majendie, James A. H. |
Bousfield, William Robert | Gordon, Hn. J.E. (Elgin & Nairn | Manners, Lord Cecil |
Bowles, T. Gibson (King's Lynn) | Gordon, Maj. Evans (T'r H'mlets | Martin, Richard Biddulph |
Brodrick, Rt. Hon. St. John | Gorst, Rt. Hn. Sir John Eldon | Massey-Mainwaring, Hn. W. F. |
Brotherton, Edward Allen | Goschen, Hon. George Joachim | Maxwell, Rt. Hn Sir H.E. (Wig'tn |
Brown, Sir Alex. H. (Shropsh.) | Goulding, Edward Alfred | Maxwell, W. J. H. (Dumfriessh. |
Bull, William James | Graham, Henry Robert | Melville, Beresford Valentine |
Burdett-Coutts, W. | Greene, Henry D. (Shrewsbury | Meysey-Thompson, Sir H. M. |
Butcher, John George | Greene, W. Raymond (Cambs.) | Mildmay, Francis Bingham |
Campbell, Rt. Hn. J.A. (Glasgow) | Grenfell, William Henry | Milvain, Thomas |
Carson, R. Hon. Sir Edw. H. | Gretton, John | Montagu, G. (Huntingdon) |
Cautley, Henry Strother | Greville, Hon. Ronald | Moon, Edward Robert Pacy |
Cavendish, V.C.W. (Derbyshire) | Groves, James Grimble | Moore, William |
Cayzer, Sir Charles William | Gunter, Sir Robert | Morgan, David J. (Walth'stow |
Cecil, Evelyn (Aston Manor) | Hall, Edward Marshall | Morpeth, Viscount |
Cecil, Lord Hugh (Greenwich) | Halsey, Rt. Hon. Thomas F. | Morrell, George Herbert |
Chamberlain, Rt. Hn J.A. (Worc. | Hambro, Charles Eric | Morrison, James Archibald |
Chamberlayne, T. (S'thampton) | Hamilton, Marq. of (L'donderry | Morton, Arthur H. Aylmer |
Chapman, Edward | Hardy, Laurence (Kent, Ashf'd | Mount, William Arthur |
Charrington, Spencer | Hare, Thomas Leigh | Murray, Rt. Hn. A. Graham (Bute |
Clare, Octavius Leigh | Harris, F. Leverton (Tynem'th | Murray, Chas. J. (Coventry) |
Clive, Captain Percy A. | Harris, Dr. Fredk. R. (Dulwich | Murray, Col. Wyndham (Bath |
Coates, Edward Feetham | Hay, Hon. Claude George | Myers, William Henry |
Cochrane, Hon. Thos. H. A. E. | Heath, James (Staffords., N.W. | Newdegate, Francis A. N. |
Coddington, Sir William | Heaton, John Henniker | Nolan, Col. John P. (Galway, N. |
Coghill, Douglas Harry | Helder, Augustus | O'Brien, Patrick (Kilkenny) |
Cohen, Benjamin Louis | Henderson, Sir A. (Stafford, W. | Palmer, Walter (Salisbury) |
Colomb, Rt. Hn. Sir John C. R. | Hickman, Sir Alfred | Peel, Hn. Wm. Robert Wellesley |
Colston, Chas. Edw. H. (Athole.) | Hoare, Sir Samuel | Percy, Earl |
Cox, Irwin Edw. Bainbridge | Hobhouse, Rt. Hn. H (Somers't, E | Pilkington, Colonel Richard |
Craig, Chas. Curtis (Antrim, S.) | Hogg, Lindsay | Platt-Higgins, Frederick |
Crean, Eugene | Hope, J. F. (Sheffield, Brightside | Plummer, Walter R. |
Cripps, Charles Alfred | Horner, Frederick William | Powell, Sir Francis Sharp |
Cross, Herb. Shepherd (Bolton) | Houldsworth, Sir Wm. Henry | Pretyman, Ernest George |
Crossley, Rt. Hon. Sir Savile | Hoult, Joseph | Pryce-Jones, Lt.-Col. Edward |
Dalkeith, Earl of | Houston, Robert Paterson | Purvis, Robert |
Dalrymple, Sir Charles | Howard, J. (Midd., Tottenham | Pym, C. Guy |
Davenport, William Bromley- | Hozier, Hn. James Henry Cecil | Rankin, Sir James |
Davies, Sir Horatio D. (Chatham | Hudson, George Bickersteth | Ratcliff, R. F. |
Denny, Colonel | Jebb, Sir Richard Claverhouse | Reid, James (Greenock) |
Dickinson, Robert Edmond | Jeffreys, Rt. Hn. Arthur Fred. | Remnant, James Farquharson |
Dickson, Charles Scott | Jessel, Captain Herbert Merton | Renshaw, Sir Charles Bine |
Dimsdale, Rt. Hn. Sir Joseph C. | Johnstone, Heywood (Sussex) | Renwick, George |
Disraeli, Coningsby Ralph | kennaway, Rt. Hn. Sir John H. | Richards, Henry Charles |
Dixon-Hartland, Sir Fred Dixon | Kenyon, Hn. Geo. T. (Denbigh | Ridley, S. Forde (Bethnal Green |
Doogan, P. C. | kenyon-Slaney, Col. W. (Salop | Ritchie, Rt. Hn. Chas. Thomson |
Dorington, Rt. Hn. Sir John E. | Kerr, John | Roberts, Samuel Sheffield |
Doughty, George | kimber, Henry | Robertson, Herbert (Hackney) |
Douglas, Rt. Hon. A. Akers | king, Sir Henry Seymour | Robinson, Brooke |
Rolleston, Sir John F. L. | Stewart, Sir Mark J. M'Taggart | Welby, Sir Charles G. G. (Notts. |
Rollit, Sir Albert Kaye | Stirling-Maxwell, Sir John M. | Wharton, Rt. Hon. John Lloyd |
Ropner, Colonel Sir Robert | Stock, James Henry | Whiteley, H. (Ashton und. Lyne |
Round, Rt. Hon. James | Stone, Sir Benjamin | Whitmore, Charles Algernon |
Rutherford, John (Lancashire) | Stroyan, John | Williams, Colonel B. (Dorset) |
Rutherford, W. W. (Liverpool) | Strutt, Hon. Charles Hedley | Willoughby de Eresby, Lord |
Sadler, Col. Samuel Alexander | Talbot, Lord E. (Chichester) | Wilson-Todd, Sir W.H. (Yorks.) |
Samuel, Sir Harry S(Limehouse | Talbot, Rt. Hn. J.G. (Oxf'd Univ. | Wolff, Gustav Wilhelm |
Sassoon, Sir Edward Albert | Taylor, Austin (East Toxteth) | Worsley-Taylor, Henry Wilson |
Scott, Sir S. (Marylebone, W.) | Thorburn, Sir Walter | Wortley, Rt. Hon. C. B. Stuart |
Seely, Charles Hilton (Lincoln) | Tollemache, Henry James | Wrightson, Sir Thomas |
Seton-Karr, Sir Henry | Tomlinson, Sir Wm. Edw. M. | Wyndham, Rt. Hon. George |
Sharpe, William Edward T. | Tritton, Charles Ernest | Wyndham-Quin, Col. W. H. |
Sheehan, Daniel Daniel | Tuff, Charles | Yerburgh, Robert Armstrong |
Simeon, Sir Barrington | Tufnell, Lieut.-Col. Edward | Young, Samuel |
Smith, H.C. (North'mb. Tyneside | Valentia, Viscount | Younger, William |
Smith, James Parker(Lanarks. | Vincent, Col. Sir C.E.H. ( Sheffield | |
Spear, John Ward | Walker, Col. William Hall | TELLERS FOR THE NOES—Sir |
Stanley, Hon. Arthur (Ormskirk | Warde, Colonel C. E. | Alexander Acland-Hood and |
Stanley, Edward Jas. (Somerset | Webb, Colonel William George | Mr. Ailwyn Fellowes. |
Stanley, Rt. Hon. Lord (Lancs. | Welby, Lt.-Col. A.C.E (Taunton |
§ MR. HENRY HOBHOUSE (Somersetshire, E.)said that the object of his Amendment was to secure that there should be some provision for a systematic report and inquiry by the justices in each licensing district as regarded public-houses for the guidance of quarter sessions. The consequential part of the Amendment appeared on page twenty-eight of the Amendment Paper. He considered that under the scheme of the Bill it was necessary to transfer those powers from the licensing justices to the quarter sessions; but they should be careful, in doing that, not to unnecessarily weaken the power of the licensing justices. There was no new duty imposed under this Bill on the licensing justices to take any survey of the public-houses in their district and to decide which of them ought to be shut up and which ought to be continued. The great object of this Bill, as they were constantly informed by the Government, was to make a large reduction in the number of public-houses; and it was because of that consideration that many of them voted for the Second Reading. But, unless there was some further provision, that would not be done in all cases. In saying that he did not wish to cast any slur on quarter sessions, of the honour of which the Solicitor-General was so justly jealous. He had no doubt they would do their duty; but that duty would be to deal from time to time with the individual cases referred to them. Quarter sessions would have no initiative; and he contended that the only way in which quarter sessions could get a comprehen- 852 sive view of the conditions, and exercise any intelligent discrimination as to what public-houses should be shut, was to provide within the lour corners of the Bill for a proper and systematic inquiry by the justices in every licensing district, who were the people best acquainted with the facts. It was most important that quarter sessions before they proceeded to administer the compensation fund should have a comprehensive report such as he proposed. Otherwise, there would be certain to be great irregularity, which would be undesirable. There ought to be a proper and systematic report. He had an Amendment further on to provide that the justices of every licensing district should, at their general licensing sessions, or an adjournment thereof, to be held in the year 1905, and in every third subsequent year, inquire into the needs of their district and the number and character of the licensed houses therein, and should make a report to quarter sessions stating the particular on-licences (if any) which in their opinion ought not to be renewed, and any circumstances affecting such licences or the holder thereof which might he material to the renewal or to the value of such licences. If that could be secured, then, and only then, would quarter sessions be able to take a comprehensive view of their duties and decide what was best in the interests of temperance. He did not insist on the exact words of the Amendment; but he hoped the Government would insert an Amendment to carry out his object.
§
Amendment proposed—
In page 1, line 9, after the word 'shall' to insert the words 'subject to the provisions of this section for inquiry and report by licensing justices.'"—(Mr. Henry Hobhouse.)
§ Question proposed, "That those words be there inserted."
§ SIR EDWARD CARSONsaid that any Amendment moved by his right hon. friend would naturally receive the fullest consideration from the Government. He was not sure, however, that he quite understood the Amendment except in a general way. He understood it to mean that quarter sessions should every three years take a full survey of the whole situation. What was to follow? If they had to wait until this survey was made every three years in order to see what action should be taken, this would mean a revolution in the present annual system. At present there was annual revision, which, he submitted, was a much better system, for it enabled the licensing authorities to carry out the wishes of the justices in each district as far as they were agreed. He could not see, therefore, what was to be gained by changing the system. The Amendment gave quarter sessions powers of initiation which they did not now possess, and he thought that the annual revision was preferable. The point he did not understand was what action would be taken in the interval between the triennial periods.
§ MR. HENRY HOBHOUSEsaid that there was nothing in his Amendment to prevent a report in any year.
§ SIR EDWARD CARSONsaid it would be open to the justices to take a survey at any period, and report to quarter sessions. He did not really think anything would be gained by the Amendment. They did not intend to interfere with the licensing justices further than was necessitated by the principles of compensation. It would be impossible, without changing the whole licensing law, to take away the annual revision; and there would be no difficulty in the licensing justices surveying their districts and reporting to quarter sessions. He had not the least objection to confer with the right hon. Gentleman. This was a matter which did not go to the principle of the Bill and he would have 854 pleasure in meeting his hon. friend, if he could, by drafting an Amendment which would carry out the object he desired. He might say that there was a similar Amendment further down on the Paper in the name of the right hon. Gentleman the Member for Ripon, which he was prepared to accept, which had in view that the progress of quarter sessions should be steadily kept under review. That seemed to him to be an important Amendment, keeping strictly in view what was being done, and an Amendment which he was prepared to accept. So far as the wording of this Amendment was concerned, while he did not say an Amendment of this character ought not to be accepted, it gave greater power of control to quarter sessions, and that being so he could not accept it.
§ MR. CRIPPSsaid, though they were grateful to the Solicitor-General for what he had said, that he could not help thinking the hon. and learned Gentleman had not entirely apprehended what this Amendment sought to do. The underlying idea was to obtain a triennial or annual review, of the licences of each district. He agreed that it should be an annual review but that was a detail which did not go to the basis of the Amendment. In order that the county authority should do its best and make the best of the compensation fund, it would be necessary to work on what might be called a county scheme. They had to see what had to be done in the county area in order to see how the fund could be worked to the best advantage, and how could a county scheme be arrived at without making the county authority the initiating authority for this reform? What his right hon. friend proposed by his Amendment was not to interfere with the main principle but to so modify it as to obtain the knowledge of the local authority, so as to enable the county authority to use the compensation fund to the best advantage, and he proposed to do so by asking the local Bench of each district to send are port to the county authority of the needs of the district. If that were done the county authority would be able to get out a good county scheme because they would have the local knowledge which every one desired they should 855 have. Instead of having to rely on a chance objection made by an individual they would be able to ask each particular bench of magistrates to draw out the scheme which they thought best for administering the Bill in their own particular district. When the local justices had done that the county authority could act on the full information coming from these local authorities and the fund would be allocated to its true purpose. He asked the Solicitor-General, therefore, to say that, if a scheme could be evolved which would at once preserve the power of the licensing magistrates of the district and at the same time ensure that the quarter sessions had proper information to deal with the fund in the best possible manner under a county scheme, an Amendment should be introduced to bring together those two desirable objects. Every one interested in this licensing question would agree that this would be a great administrative reform and that it would enable this Bill to be carried out in a broad and at the same time a most economical manner. On these grounds he supported the Amendment.
§ MR. DUKE (Plymouth)said he hoped the Solicitor-General would introduce some words into the Bill to give effect to the principle of the Amendment of his right hon. friend. The Bill as it stood was incomplete without the acceptance of some such Amendment as that. The Solicitor-General had assumed that there was at the licensing sessions at the present time a review of licences with a view of ascertaining where licences were redundant.
§ SIR EDWARD CARSONI say they have the power.
§ MR. DUKEsaid he had no doubt of that, but what he desired was that they should not only have the power, but that they should also be reminded of their duty. If words were not put in to impress upon the justices the necessity of considering whether there were, or were not, redundant licences in their district, this Bill would fail in its object. All that was desired by the hon. Member for East Somersetshire was that some words should be introduced which 856 would make it the duty of the licensing justices, either annually or at some other period of time, to consider whether there were in the district redundant licences and what ought to be done with those licences The concession which the Government had made with regard to the imposition upon quarter sessions of the duty of reporting to the Home Secretary was the strongest possible argument in favour of putting upon the licensing justices the duty of reporting to the quarter sessions.
§ MR. TALBOT (Oxford University)said he desired to support the Amendment, but from a different point of view from that of the mover of it. What he hoped would result from this discussion was that that stimulus would be applied to the local justices which, notwithstanding what had been said as to their extreme energy, was requisite looking to the infirmities of human nature. As the general desire was to remove all redundant licences it must be made not only permissible for the local justices to remove them, but a stimulus must be applied to ensure that they should do so. It was for the reason that he desired to see the stimulus applied that he supported the Amendment.
§ MR. PEEL (Manchester, S.)asked whether, in view of the strong feeling on the Government side of the House that something in the direction of the Amendment should be carried out, the Solicitor-General would undertake to introduce a clause. If the matter were postponed to the Report stage, there might, in consequence of the arrangement of new clauses, be some difficulty.
§ SIR EDWARD CARSONwas not sure that he yet understood the object of the Amendment. It appeared to be an attempt to enlarge the power of quarter sessions. Under the Bill the licensing justices were the persons to select the houses to be sent up to quarter sessions. They were bound to do that each year.
§ SIR EDWARD CARSONsaid that neither was there any obligation upon the licensing justices now. This was a new complaint. Hitherto the point he had had to meet was that the Government were taking away powers of the licensing justices, but the case here was different. If the selection was left to the licensing justices, how, by sending up a report to quarter sessions, could they effect anything unless the initiation was left to quarter sessions? He did not think the Amendment was necessary, but if the object was to make it clear that it was for brewster sessions to select the cases and for quarter sessions to say whether they agreed or disagreed, he was quite willing to try to meet that view. Under the Bill quarter sessions would have a report from, and a consultation with, the licensing justices, and he failed to see what further assistance in coming to a conclusion would be given by the Amendment. There was also the question of expense. If each year the licensing justices were to send up a report, not merely of the houses which they suggested should be taken away in that year, but of all redundant houses, leaving it to quarter sessions to make a selection, not only would that be a greater infringement upon the rights of the licensing justices than the Bill now made, but it would be necessary for every person interested in each one of those houses to appear annually before quarter sessions, although probably less than one-tenth of the houses would be dealt with in any particular year. That would be almost a prohibitive matter from the point of view of expense. If it was thought to be any advantage that the local magistrates should make the same annual report to the Home Office, and that that Department should distribute it to quarter sessions, he was willing to include that in the Amendment he had promised.
§ MR. HENRY HOBHOUSEsaid he was afraid that would not meet the case. His object was that quarter sessions should have from each district not only a report as to the particular houses which were proper subjects for immediate action, but full information as to the other houses which it would be advisable to get rid of in the future, so that they should not 858 dissipate all their money at once. He was sure that was an object which the Government could secure if they liked. This subject would not be discussed on Report owing to the very stringent rules which had been laid down, and he was very much afraid that a mere conference would not produce that effect which would cause the suggestion to be accepted.
§ MR. TALBOTsaid that after hearing what the Solicitor-General had said he was thoroughly satisfied. He was of opinion that these powers which the justices had possessed had not always been operative forces in the country, and he thought it would require a considerable amount of pressure on the local justices to make sure that they would put this provision into operation. The Solicitor-General had promised to provide that it should be the duty of the licensing justices to report to the Home Office what they had done under the Act, and probably that would give that stimulus to putting the Act into operation which he desired.
§ MR. AUSTIN TAYLORsaid he did not know whether his right hon. and learned friend appreciated the fact that this Bill gave no stimulus whatever to the licensing justices to take a survey of the needs of the district every year. Clause 2 provided that the licensing justices were to report on the question of the renewal of any particular on-licences. A concrete illustration of what had happened in Liverpool was valuable as a forecast of what was likely to happen under this Bill. In Liverpool they took a number of areas where the property had been demolished, and year by year they considered the redundancy of licences in those areas. After extinguishing a number of licences in any particular area they did not trouble that district again for some time, and possibly would not touch any more licences in that district for many years. That was a illustration of how this Bill ought to work if any good was really going to be done. His hon. friend had stated that in the past some benches of magistrates had been too active while others had not been active enough. What he desired was to give the necessary stimulus to the licensing 859 justices to bring their efforts up to the requirements of temperance reform by directing them to take a survey of the whole needs of the area.
§ Question put.
§ The Committee divided:—Ayes, 192; Noes, 251. (Division List No.205.)
863AYES. | ||
Abraham, William (Cork, K.E.) | Grant, Corrie | Paulton, James Mellor |
Allen, Charles P. | Grey, Rt. Hon. Sir E. (Berwiek) | Peel, Hn. Wm. Robert Wellesley |
Ashton, Thomas Gair | Griffith, Ellis J. | Perks, Robert William |
Asquith, Rt. Hn. Herbert Henry | Guest, Hon. Ivor Churchill | Philipps, John Wynford |
Atherley-Jones, L. | Gurdon, Sir W. Brampton | Price, Robert John |
Barlow, John Emmott | Hain, Edward | Rea, Russell |
Barran, Rowland Hirst | Haldane, Rt. Hon. Richard B. | Reckitt, Harold James |
Bayley, Thomas (Derbyshire) | Harcourt, Lewis V. (Rossendale) | Reddy, M. |
Beaumont, Wentworth C. B | Harcourt, Rt. Hn Sir W(Monm't) | Reid, Sir R. Threshie (Dumfries |
Bell, Richard | Harwood, George | Rickett, J. Compton |
Benn, John Williams | Hayter, Rt. Hon. Sir Arthur D. | Roberts, John Bryn (Eifion) |
Bill, Charles | Hemphill, Rt. Hon. Charles H. | Roberts, John H. (Denbighs.) |
Black, Alexander William | Henderson, Arthur (Durham) | Robertson, Edmund (Dundee) |
Roland, John | Higham, John Sharpe | Roche, John |
Bolton, Thomas Dolling | Hobhouse, C. E. H. (Bristol, E.) | Rollit, Sir Albert Kaye |
Brigg, John | Hope, John Deans (Fife, West) | Rose, Charles Day |
Broadhurst, Henry | Horniman, Frederick John | Runciman, Walter |
Brown, George M. (Edinburgh) | Houldsworth, Sir Wm. Henry | Samuel, S. M. (Whitechapel) |
Brunner, Sir John Tomlinson | Hutchinson, Dr. Charles Fredk | Seely, Charles Hilton (Lincoln) |
Buchanan, Thomas Ryburn | Hutton, Alfred E. (Morley) | Shackleton, Davin James |
Burt, Thomas | Jacoby, James Alfred | Shaw, Charles Edw. (Stafford) |
Buxton, Sydney Charles | Johnson, John (Gateshead) | Shaw, Thomas (Hawick B.) |
Caldwell, James | Joicey, Sir James | Shipman, Dr. John G. |
Campbell-Bannerman, Sir H | Jones, David Brynmor (Swansea) | Sinclair, John (Forfarshire) |
Cawley, Frederick | Jones, William (Carnarvonshire | Slack, John Bamford |
Channing, Francis Allston | Jordan, Jeremiah | Sloan, Thomas Henry |
Cohen, Benjamin Louis | Joyce, Michael | Smith, H C (North'mb. Tyneside |
Condon, Thomas Joseph | Kitson, Sir James | Smith, Samuel (Flint) |
Corbett, A. Cameron (Glasgow | Lambert, George | Soames, Arthur Wellesley |
Craig Robert Hunter (Lanark) | Langley, Batty | Spear, John Ward |
Cremer, William Randal | Lawson, Sir Wilfrid (Cornwall) | Stanhope, Hon. Philip James |
Crombie, John William | Layland-Barratt, Francis | Stirling-Maxwell, Sir John M. |
Crooks, William | Leese, Sir Jos. F. (Accrington) | Strachey, Sir Edward |
Cross, Alexander (Glasgow) | Leng, Sir John | Sullivan, Donal |
Cullinan, J. | Levy, Maurice | Taylor, Theodore C. (Radcliffe) |
Dalziel, James Henry | Lewis, John Herbert | Thomas, Sir A. (Glamorgan, E.) |
Davies, Alfred (Carmarthen) | Lloyd-George, David | Thomas, David Alfred(Merthyr |
Davies, M. Vaughan- (Cardigan) | Lough, Thomas | Thomas, J A (Glamorgan, Gower |
Delany, William | Lundon, W. | Tomkinson, James |
Dilke, Rt. Hon. Sir Charles | Lyell, Charles Henry | Toulmin, George |
Dobbie, Joseph | Macnamara, Dr. Thomas J. | Trevelyan, Charles Philips |
Douglas, Charles M. (Lanark) | MacNeill, John Gordon Swift | Tritton, Charles Ernest |
Duncan, J. Hastings | MacVeagh, Jeremiah | Ure, Alexander |
Dunn, Sir William | M'Arthur, William (Cornwall) | Wallace, Robert |
Edwards, Frank | M'Crae, George | Walton, John Lawson(Leeds, S.) |
Elibank, Master of | M'Kenna, Reginald | Walton, Joseph (Barnsley) |
Ellice, Capt, E.C. (SAndrw's Bghs | M'Laren, Sir Charles Benjamin | Wason, Eugene (Clackmannan |
Elliot, Hon. A. Ralph Douglas | Mansfield, Horace Rendall | Wason, J. Cathcart (Orkney) |
Ellis, John Edward (Notts.) | Mappin, Sir Frederick Thorpe | Welby, Sir Charles G.E. (Notts.) |
Emmott, Alfred | Markham, Arthur Basil | White, George (Norfolk) |
Esmonde, Sir Thomas | Maxwell, W. J. H. (Dumfriessh) | White, Luke (York, E. R.) |
Evans, Sir Fran. H. (Maidstone | Morgan, J. Lloyd (Carmarthen) | Whitley, J. H. (Halifax) |
Evans, Samuel T. (Glamorgan | Morpeth, Viscount | Whittaker, Thomas Palmer |
Eve, Harry Trelawney | Moss, Samuel | Williams, Osmond (Merioneth) |
Fenwick, Charles | Moulton, John Fletcher | Wilson, Chas. Henry (Hull, W.) |
Ferguson, R. C. Munro (Leith) | Murphy, John | Wilson, Fred. W. (Norfolk, Mid.) |
Fielden, Edward Brocklehurst | Newnes, Sir George | Wilson, Henry J. (York, W.R.) |
Fitzmaurice, Lord Edmond | Nussey, Thomas Willans | Wilson, John (Falkirk) |
Flavin, Michael Joseph | O'Brien, K. (Tipperary, Mid.) | Woodhouse, Sir J T (Huddersf'd |
Foster, Sir Walter (Derby Co.) | O'Connor, James (Wicklow, W.) | Yoxall, James Henry |
Fowler, Rt. Hon. Sir Henry | O'Donnell, T. (Kerry, W.) | |
Freeman-Thomas, Captain F. | O'Kelly, Jas. (Roscommon, N.) | |
Fuller, J. M. F. | O'Malley, William | |
Furness, Sir Christopher | O'Shaughnessy, P. J. | TELLERS FOR THE AYES—MR. |
Gladstone, Rt. Hn. Herbert John | Parrott, William | Henry Hobhouse and Mr. |
Goddard, Daniel Ford | Partington, Oswald | Austin Taylor. |
NOES. | ||
Agg-Gardner, James Tynte | Durning-Lawrence, Sir Edwin | Long, Rt. Hn. Walter (Bristol S.) |
Agnew, Sir Andrew Noel | Dyke, Rt. Hn. Sir William Hart | Lonsdale, John Brownlee |
Aird, Sir John | Egerton, Hon. A. do Tatton | Lowe, Francis William |
Anson, Sir William Reynell | Faber, Edmund R. (Hants, W.) | Lowther, C. (Cumb., Eskdale) |
Arrol, Sir William | Fergusson, Rt. Hn. Sir J. (Manc'r) | Loyd, Archie Kirkman |
Atkinson, Rt. Hon. John | Finch, Rt. Hon. George H. | Lucas, Reginald J (Portsmouth) |
Aubrey-Fletcher, Rt. Hn. Sir H. | Finlay, Sir Robert Bannatyne | Lyttelton, Rt. Hon. Alfred |
Austin, Sir John | Firbank, Sir Joseph Thomas | Macdona, John Gumming |
Bailey, James (Walworth) | Fisher, William Hayes | MacIver, David- (Liverpool) |
Bain, Colonel James Robert | Fison, Frederick William | Maconochie, A. W. |
Baird, John George Alexander | FitzGerald, Sir Robert Penrose- | M'Fadden, Edward |
Balcarres, Lord | Fitzroy, Hn. Edward Algernon | M'Iver, Sir Lewis ( Edinb'rgh, W.) |
Balfour, Rt. Hn. A. J. (Manch'r) | Flannery, Sir Fortcscue | M'Killop, James (Stirlingshire) |
Balfour, Capt. C. B. (Hornsey) | Flower, Sir Ernest | Majendie, James A. H. |
Balfour, Rt. Hn Gerald W. (Leeds | Forster, Henry William | Malcolm, Ian |
Balfour, Kenneth R. (Christen. | Foster, Philip S. (Warwick, S.W. | Martin, Richard Biddulph |
Banbury, Sir Frederick George | Galloway, William Johnson | Massey-Mainwaring, Hn. W. F. |
Barry, Sir Francis T. (Windsor) | Gardner, Ernest | Maxwell, Rt Hn Sir H.E (Wigt'n |
Bathurst, Hon. Allen Benjamin | Garfit, William | Meysey-Thompson, Sir H. M. |
Bhowuaggree, Sir M. M. | Gordon, Hn. J.E. (Elgin & Nairn | Mildmay, Francis Bingham |
Bignold, Arthur | Goschen, Hon. George Joachim | Milvain, Thomas |
Blundell, Colonel Henry | Goulding, Edward Alfred | Montagu, G. (Huntingdon) |
Bond, Edward | Graham, Henry Robert | Montagu, Hn. J. Scott (Hants.) |
Boscawen, Arthur Griffith- | Gray, Ernest (West Ham) | Moon, Edward Robert Pacy |
Bousfield, William Robert | Greene, Henry D. (Shrewsbury) | Morgan, David J (Walthamstow |
Brodrick, Rt. Hn. St. John | Greene, W. Raymond-(Cambs.) | Morrell, George Herbert |
Brown, Sir Alex. H. (Shropsh.) | Grenfell, William Henry | Morrison, James Archibald |
Bull, William James | Gretton, John | Morton, Arthur H. Aylmer |
Burdett-Coutts, W. | Greville, Hon. Ronald | Mount, William Arthur |
Butcher, John George | Groves, James Grimble | Murray, Rt Hn. A. Graham (Bute |
Campbell. Rt. Hn. J. A. (Glasgow | Gunter, Sir Robert | Murray, Charles J. (Coventry) |
Carlile, William Walter | Hall, Edward Marshall | Murray, Col. Wyndham (Bath) |
Carson, Rt. Hon. Sir Edw. H. | Halsey, Rt. Hon. Thomas F. | Myers, William Henry |
Cautley, Henry Strother | Hambro, Charles Eric | Nannetti, Joseph P. |
Cavendish. V.C.W. (Derbyshire | Hamilton, Marq. of (L'nd'nderry | Newdegate, Francis A. N. |
Cayzer, Sir Charles William | Hardy, Laurence (Kent, Ashford | Nolan, Col. J. P. (Galway, N.) |
Cecil, Evelyn (Aston Manor) | Hare, Thomas Leigh | Nolan, Joseph (Louth, South) |
Cecil, Lord Hugh (Greenwich) | Harris, F. Leverton (Tynem'th) | O'Brien, Patrick (Kilkenny) |
Chamberlain, Rt Hn J.A. (Wore. | Harris, Dr. Fredk. R. (Dulwich) | O'Brien, P. J. (Tipperary, N.) |
Chamberlayne, T. (S'thampton | Heath, Arthur Howard (Hanley | O'Dowd, John |
Chaplin, Rt. Hon. Henry | Heath, James (Staffords, N.W.) | Palmer, Walter (Salisbury) |
Chapman, Edward | Heaton, John Henniker | Pemberton, John S. G. |
Charrington, Spencer | Hendorson, Sir A. (Stafford, W.) | Percy, Earl |
Churchill, Winston Spencer | Hickman, Sir Alfred | Pierpoint, Robert |
Clare, Octavius Leigh | Hoare, Sir Samuel | Pilkington, Colonel Richard. |
Clive, Captain Percy A. | Hogg, Lindsay | Platt-Higgins, Frederick |
Coates, Edward Feetham | Hope, J. F. (Sheffield, Brightside | Powell, Sir Francis Sharp |
Cohrane, Hon. Thos. H.A.E. | Hoult, Joseph | Pretyman, Ernest George |
Coddington, Sir William | Houston, Robert Paterson | Pryce-Jones, Lt.-Col. Edward |
Coghill, Douglas Harry | Howard, J. (Kent, Faversham) | Rankin, Sir James |
Colomb, Rt. Hon. Sir John C.R. | Howard, J. (Midd., Tottenham | Ratcliff, R. F. |
Colston, Chas. Edw. H. Athole | Hozier, Hn. James Henry Cecil | Reid, James (Greenock) |
Cox, Irwin Edward Bainbridge | Hudson, George Bickersteth | Remnant, James Farquharson |
Craig, Charles Curtis (Antrim, S. | Jeffreys, Rt. Hon. Arthur Fred | Renshaw, Sir Charles Bine |
Crean, Eugene | Jessel, Captain Herbert Merton | Renwick, George |
Cross, Herb. Shepherd (Bolton) | Johnstone, Heywood (Sussex) | Richards, Henry Charles |
Crossley, Rt. Hon. Sir Savile | Kenyon, Hn. Geo. T. (Denbigh) | Ridley, S. Forde (Bethnal Green |
Dalkeith, Earl of | Kenyon-Slaney, Col. W. (Salop | Robertson, Herbert (Hackney) |
Dalrymple, Sir Charles | Kerr, John | Robinson, Brooke |
Davenport, William Bromley | Keswick, William | Rolleston, Sir John F. L. |
Davies, Sir Horatio D. (Chatham | Kimber, Henry | Ropner, Colonel Sir Robert |
Dickinson, Robert Edmond | King, Sir Henry Seymour | Round, Rt. Hon. James |
Dickson, Charles Scott | Knowles, Sir Lees | Rutherford, John (Lancashire) |
Dimsdale, Rt. Hon. Sir Joseph C. | Laurie, Lieut.-General | Rutherford, W. W. (Liverpool) |
Disraeli, Coningsby Ralph | Law, Andrew Bonar (Glasgow) | Sackville, Col. S. G. Stopford- |
Dixon-Hartland, Sir Fred Dixon | Lawson, J. Grant (Yorks. N.R. | Sadler, Col. Samuel Alexander |
Doogan, P. C. | Lee, Arthur H. (Hants., Fareham | Samuel, Sir Harry S. (Limehouse |
Dorington, Rt. Hn. Sir John E. | Legge, Col. Hon. Heneage | Sassoon, Sir Edward Albert |
Doughty, George | Llewellyn, Evan Henry | Scott, Sir S. (Marylebone, W.) |
Douglas, Rt. Hon. A. Akers- | Loder, Gerald Walter Erskine | Seton-Karr, Sir Henry |
Doxford, Sir William Theodore | Long, Col. Charles W. (Evesham) | Sharpe, William Edward T. |
Sheehan, Daniel Daniel | Tomlinson, Sir Wm. Edw. M. | Wilson-Todd, Sir W.H. (Yorks.) |
Simeon, Sir Barrington | Tuff, Charles | Wolff, Gustav Wilhelm |
Smith, James Parker (Lanarks.) | Tufnell, Lieut.-Col. Edward | Worsley-Taylor, Henry Wilson |
Stanley, Hn. Arthur (Ormskirk | Valentia, Viscount | Wortley, Rt. Hon. C. B. Stuart- |
Stanley, Edward Jas. (Somerset) | Vincent, Col. Sir C.E.H. (Sheffield | Wrightson, Sir Thomas |
Stanley, Rt. Hn. Lord (Lancs.) | Walker, Col. William Hall | Wyndham, Rt. Hon. George |
Stewart, Sir Mark J. M'Taggart | Warde, Colonel C. E. | Wyndham-Quin, Col. W. H. |
Stock, James Henry | Webb, Colonel William George | Yerburgh, Robert Armstrong |
Stone, Sir Benjamin | Welby, Lt.-Col. A.C.E. (Taunton | Young, Samuel |
Stroyan, John | Wharton, Rt. Hon. John Lloyd | Younger, William |
Strutt, Hon. Charles Hedley | Whiteley, H. (Ashton und. Lyne | |
Talbot, Lord E. (Chichester) | Whitmore, Charles Algernon | TELLERS FOR THE NOES—Sir |
Talbot, Rt. Hn. J.G. (Oxf'd Univ | Willoughby de Eresby, Lord | Alexander Acland-Hood |
Thorburn, Sir Walter | Wilson, A. Stanley (York, E.R.) | and Mr. Ailwyn Fellowes. |
§ MR. CHANNING (Northamptonshire, E.)said he did not propose to move the Amendment standing in his name. He thought it was desirable to support the Amendment to be proposed by the hon. Member for Huddersfield.
§ SIR JAMES WOODHOUSEsaid he wished to move in line 9 of Clause 1, after "in," to insert "a committee, one-half of whom in every case shall be elected by the justices of the licensing district from their own number, and one-half by the county council from their own number." He said that this Amendment raised the question of the introduction of some representative element in the constitution of the authority which would have to deal with licences. He was fortified in submitting the Amendment by the fact that the principle received the support of both the Majority and Minority Reports of the Royal Commission. He also claimed that the Scottish Act of last year contained precisely the same suggestion he was making. What was good for Scotland ought to be good for England. Apart from that, the introduction of the representative principle was thoroughly justified by the fact that the ratepayers had to pay for the consequences of intemperance in the shape of increased police rates and poor rates and all the consequences that flowed from the excessive use of intoxicating drinks. The ordinary principle of self-government, namely, that what the ratepayers had to pay for they ought to have some right to control, should be observed in this matter. As long ago as 1835 the House of Commons sanctioned that principle, when the Municipal Reform Act of that year was under discussion, by a large majority. The House of Lords rejected the proposal, but the view of the House of Commons 864 was that the whole question of licences should be placed in the hands of municipal corporations. Further, the Conservative Government, when the Local Government Act was being considered in the year 1888, proposed to give a committee of the county council power to deal with licences, so that he had these precedents in support of his Amendment.
§
Amendment proposed—
In page 1, line 9, to leave out from the word 'in,' to the word 'but,' in line 10, and insert the words 'a committee, one-half of whom in every case shall be elected by the justices of the licensing district from their own number, and one-half by the county council from their own number.'"—(Sir James Woodhouse.)
§ Question proposed, "That the words 'quarter sessions' stand part of the clause."
§ THE PRESIDENT OF THE LOCAL GOVERNMENT BOARD (Mr. WALTER LONG, Bristol, S.)said that the Government were unable to accept the Amendment. The hon. Member had referred to what took place in 1888, when the Conservative Government proposed to make a committee of the county council the authority to administer licences; but the authority of 1888 was based on different principles from those which they were now proposing; although he admitted now proposing; although he admitted that if the proposal of the Government of 1888 had been accepted a great many of the existing difficulties would not have arisen. The Amendment was wholly at variance with the principle followed in drafting the Bill, which had been to make as little change as possible in the existing system and to leave the decision to a judicial body. There were differences of administration in counties and boroughs, but as closely as possible the 865 Bill kept to the existing system. The Amendment would mean a radical change in the existing system, and such was not intended. Really the changes made by the Bill in the licensing system would be small; if the justices refused a renewal of a licence to an applicant, the ultimate decision would rest with the quarter sessions as a judicial body.
§ SIR JAMES WOODHOUSEThat would not apply to county boroughs.
§ MR. WALTER LONGThere were points of difference in administration between the county boroughs and the county councils. The Government had endeavoured to keep as nearly as possible to the existing system, and to leave to the magistrates the decision of the matters in question. The proposal
§ of the hon. Gentleman would involve a complete change in the existing system, because instead of these cases being referred to quarter sessions they would be referred to a committee, half of whom would be elected by the licensing justices and half by the county council. They proposed to give to the body in which the power now rested the right to say what licence should not be renewed and the exercise of that right accompanied by compensation to be provided by the trade itself. The Amendment would be a radical departure from the proposals in the Bill; and he, therefore, hoped the Committee would not accept it.
§ Question put.
§ The Committee divided:—Ayes, 245; Noes, 151. (Division List, No. 206.)
869AYES. | ||
Agg-Gardner, James Tynte | Clive, Captain Percy A. | Galloway, William Johnson |
Agnew, Sir Andrew Noel | Coates, Edward Feetham | Gardner, Ernest |
Anson, Sir William Reynell | Cochrane, Hon. Thos. H.A. E. | Garfit, William |
Arnold-Forster, Rt. Hn. Hugh O. | Coddington, Sir William | Gordon, Hn. J.E. (Elgin & Nairn |
Arrol, Sir William | Coghill, Douglas Harry | Goschen, Hon. George Joachim |
Atkinson, Rt. Hon. John | Cohen, Benjamin Louis | Goulding, Edward Alfred |
Aubrey-Fletcher, Rt. Hn. Sir H. | Colston, Chas. Edw. H. Athole | Graham, Henry Robert |
Austin, Sir John | Compton, Lord Alwyne | Gray, Ernest (West Ham) |
Bailey, James (Walworth) | Cox, Irwin Edward Bainbridge | Greene, Henry D. (Shrewsbury) |
Bain, Colonel James Robert | Craig, Charles Curtis (Antrim, S. | Greene, W. Raymond (Cambs.) |
Baird, John George Alexander | Crean, Eugene | Grenfell, William Henry |
Balcarres, Lord | Cross, Herb. Shepherd (Bolton) | Gretton, John |
Balfour, Rt. Hn. A. J. (Manch'r) | Crossley, Rt. Hon. Sir Savile | Greville, Hon. Ronald |
Balfour, Capt. C. B. (Hornsey) | Dalrymple, Sir Charles | Groves, James Grimble |
Balfour, Rt. Hn Gerald W. (Leeds | Davenport, William Bromley- | Hambro, Charles Eric |
Balfour, Kenneth R. (Christch. | Davies, Sir Horatio D. (Chatham | Hamilton, Marq. of (L'nd'derry |
Banbury, Sir Frederick George | Dickinson, Robert Edmond | Hardy, Laurence (Kent, Ashford |
Barry, Sir Francis T. (Windsor) | Dickson, Charles Scott | Hare, Thomas Leigh |
Bathurst, Hon. Allen Benjamin | Disraeli, Coningsby Ralph | Harris, F. Leverton (Tynem'th) |
Bhownaggree, Sir M. M. | Dixon-Hartland, Sir Fred Dixon | Hatch, Ernest Frederick Geo. |
Bignold, Arthur | Dorington, Rt. Hn. Sir John E. | Hay, Hon. Claude George |
Bigwood, James | Doughty, George | Heath, Arthur Howard (Hanley |
Bill, Charles | Douglas, Rt. Hn. A. Akers- | Heath, James (Staffords. N.W. |
Blundell, Colonel Henry | Doxford, Sir William Theodore | Helder, Augustus |
Bond, Edward | Duke, Henry Edward | Henderson, Sir A. (Stafford, W. |
Boscawen, Arthur Griffith- | Durning-Lawrence, Sir Edwin | Hickman, Sir Alfred |
Bousfield, William Robert | Dyke, Rt. Hn. Sir William Hart | Hoare, Sir Samuel |
Brodrick, Rt. Hon. St. John | Egerton, Hon. A. de Tatton | Hogg, Lindsay |
Bull, William James | Elliot, Hon. A. Ralph Douglas | Hope, J.F. (Sheffield. Brightside |
Butcher, John George | Faber, Edmuna B. (Hants, W.) | Houldsworth, Sir Wm. Henry |
Campbell, Rt. Hn. J.A. (Glasgow | Fergusson, Rt. Hn. Sir J. (Manc'r | Hoult, Joseph |
Carlile, William Walter | Fielden, Edward Brocklehurst | Houston, Robert Paterson |
Carson, Rt. Hon. Sir Edw. H. | Finch, Rt. Hon. George H. | Howard, J. (Midd., Tottenham) |
Cautley, Henry Strother | Finlay, Sir Robert Bannatyne | Hozier, Hon. James Henry Cecil |
Cavendish, V.C.W. (Derbyshire | Firbank, Sir Joseph Thomas | Hudson, George Bickersteth |
Cayzer, Sir Charles William | Fisher, William Hayes | Jameson, Majer J. Eustace |
Cecil, Evelyn (Aston Manor) | Fison, Frederick William | Jeffreys, Rt. Hon. Arthur Fred. |
Chamberlain, Rt Hn J.A. (Worc. | FitzGerald, Sir Robert Penrose | Jessel, Captain Herbert Merton |
Chamberlayne, T. (S'thampton | Fitzroy, Hon. Edward Algernon | Johnstone, Heywood (Sussex) |
Chaplin, Rt. Hon. Henry | Flannery, Sir Fortescue | Kenyon, Hn. Geo. T. (Denbigh) |
Chapman, Edward | Flower, Sir Ernest | Kenyon-Slaney, Col. W. (Salop |
Charrington, Spencer | Forster, Henry William | Kerr, John |
Clare, Octavius Leigh | Foster, Philip S. (Warwick, S.W. | Kimber, Henry |
King, Sir Henry Seymour | Morton, Arthur H. Aylmer | Seely, Charles Hilton (Lincoln) |
Knowles, Sir Lees | Mount, William Arthur | Sheehan, Daniel Daniel |
Laurie, Lieut.-General | Murray, Rt. Hn. A. Graham (Bute | Simeon, Sir Barrington |
Law, Andrew Bonar (Glasgow) | Murray, Charles J. (Coventry) | Smith, James Parker (Lanarks.) |
Lawrence, Wm. F. (Liverpool) | Murray, Col. Wyndham (Bath) | Stanley, Hn. Arthur (Ormskirk) |
Lawson, J. Grant (Yorks. N.R. | Myers, William Henry | Stanley, Edw. Jas. (Somerset) |
Lee, Arthur H. (Hants., Fareham | Nannetti, Joseph P. | Stanley, Rt. Hon. Lord (Lancs. |
Llewellyn, Evan Henry | Newdegate, Francis A. N. | Stewart, Sir Mark J. M'Taggart |
Lockwood, Lieut.-Col. A. R. | Nolan, Joseph (Louth, South) | Stirling-Maxwell, Sir John M. |
Loder, Gerald Walter Erskine | O'Brien, Patrick (Kilkenny) | Stock, James Henry |
Long, Col. Charles W. (Evesham | O'Brien, P. J. (Tipperary, N) | Stone, Sir Benjamin |
Long, Rt. Hn. Walter (Bristol, S.) | Palmer, Walter (Salisbury) | Stroyan, John |
Lonsdale, John Brownlee | Peel, Hn. Wm. Robert Wellesley | Strutt, Hon. Charles Hedley |
Lowe, Francis William | Pemberton, John S. G. | Talbot, Lord E. (Chichester) |
Lowther, C. (Cumb., Eskdale) | Percy, Earl | Tollemache, Henry James |
Loyd, Archie Kirkman | Pierpoint, Robert | Tomlinson, Sir Wm. Edw. M. |
Lucas, Col. Francis (Lowestoft) | Pilkington, Colonel Richard | Tuff, Charles |
Lucas, Reginald J. (Portsmouth) | Platt-Higgins, Frederick | Tufnell, Lieut.-Col. Edward |
Lyttelton, Rt. Hon. Alfred | Powell, Sir Francis Sharp | Valentia, Viscount |
Macdona, John Cumming | Pretyman, Ernest George | Vincent, Col. Sir C.E.H (Sheffield |
MacIver, David (Liverpool) | Pryce-Jones, Lt.-Col. Edward | Walker, Col. William Hall |
M'Fadden, Edward | Pym, C. Guy | Welby, Lt.-Col A.C.E. (Taunton |
M'Iver, Sir Lewis (Edinburgh, W. | Rankin, Sir James | Welby, Sir Charles G.E. (Notts.) |
M'Killop, James (Stirlingshire) | Ratcliff, R. F. | Whiteley, H. (Ashton und. Lyne |
Majendie, James A. H. | Reid, James (Greenock) | Willoughby de Eresby, Lord |
Malcolm, Ian | Remnant, James Farquharson | Wilson, A. Stanley (York, E.R.) |
Martin, Richard Biddulph | Renshaw, Sir Charles Bine | Wilson-Todd, Sir W.H. (Yorks.) |
Massey-Mainwaring, Hn. W.F. | Richards, Henry Charles | Wolff, Gustav Wilhelm |
Maxwell, Rt. Hn. Sir H.E. (Wigt'n | Ridley, S. Forde (Bethnal Green | Worsley-Taylor, Henry Wilson |
Maxwell, W.J.H. (Dumfriesshire | Robertson, Herbert (Hackney) | Wortley, Rt. Hon. C. B. Stuart |
Meysey-Thompson, Sir H. M. | Robinson, Brooke | Wyndham, Rt. Hon. George |
Mesey-Thompson, Sir H. M. | Rolleston, Sir John F. L. | Wyndham-Quin, Col. W. H. |
Mildmay, Francis Bingham | Rollit, Sir Albert Kaye | Yerburgh, Robert Armstrong |
Milvain, Thomas | Ropner, Colonel Sir Robert | Young, Samuel |
Montagu, G. (Huntingdon) | Round, Rt. Hon. James | Younger, William |
Montagu, Hn. J. Scott (Hants) | Rutherford, W. W. (Liverpool) | |
Moon, Edward Robert Pacy | Sackville, Col. S. G. Stopford | TELLERS FOR THE AYES—Sir |
Morgan, David J. (Walthamstow | Sadler, Col. Samuel Alexander | Alexander Acland-Hood and |
Morpeth, Viscount | Samuel, Sir Harry S. (Limehouse | Mr. Ailwyn Fellowes. |
Morrell, George Herbert | Sassoon, Sir Edward Albert | |
Morrison, James Archibald | Scott, Sir S. (Marylebone, W.) | |
NOES. | ||
Abraham, William (Cork, N.E.) | Cross, Alexander (Glasgow) | Gorst, Rt. Hon. Sir John Eldon |
Ashton, Thomas Gair | Dalziel, James Henry | Grant, Corrie |
Atherley-Jones, L. | Davies, Alfred (Carmarthen) | Grey, Rt. Hn. Sir E. (Berwick) |
Barlow, John Emmott | Davies, M. Vaughan (Cardigan | Griffith, Ellis J. |
Barron, Rowland Hirst | Delany, William | Guest, Hon. Ivor Churchill |
Bayley, Thomas (Derbyshire) | Dilke, Rt. Hon. Sir Charles | Gurdon, Sir W. Brampton |
Beaumont, Wentworth C. B. | Dobbie, Joseph | Harcourt, Lewis V. (Rossendale |
Bell, Richard | Doogan, P. C. | Harcourt, Rt Hn Sir W (Monm'th |
Benn, John Williams | Douglas, Charles M. (Lanark) | Harwood, George |
Black, Alexander William | Dunn, Sir William | Hemphill, Rt. Hon. Charles H. |
Boland, John | Edwards, Frank | Henderson, Arthur (Durham) |
Bolton, Thomas Dolling | Elibank, Master of | Higham, John Sharpe |
Brigg, John | Ellice, Capt E C (S Andrw's Bghs) | Hobhouse, C. E. H. (Bristol, E.) |
Broadhurst, Henry | Ellis, John Edward (Notts.) | Hope, John Deans (Fife, West) |
Brown, George M. (Edinburgh) | Emmott, Alfred | Horniman, Frederick John |
Brunner, Sir John Tomlinson | Evans, Sir Francis H. (Maidstone | Hutton, Alfred E. (Morley) |
Burt, Thomas | Evans, Samuel T. (Glamorgan) | Johnson, John (Gateshead) |
Caldwell, James | Eve, Harry Trelawney | Joicey, Sir James |
Campbell, John (Armagh, S.) | Fenwick, Charles | Jones William(Carnarvonshire |
Campbell-Bannerman, Sir H. | Ferguson, R. C. Munro (Leith) | Jordan, Jeremiah |
Cawley, Frederick | Flavin, Michael Joseph | Joyce, Michael |
Condon, Thomas Joseph | Foster, Sir Waiter (Derby Co.) | Kennedy, Vincent P. (Cavan, W. |
Gorbett, A. Cameron (Glasgow) | Freeman-Thomas, Captain F. | Kitson, Sir James |
Craig, Robert Hunter (Lanark) | Fuller, J. M. F. | Lambert, George |
Cremer, William Randal | Gladstone, Rt. Hn. Herbert John | Langley Batty |
Crooks, William | Goddard, Daniel Ford | Law, Hugh Alex. (Donegal, W.) |
Lawson, Sir Wilfrid (Cornwall | O'Shaughnessy, P. J. | Taylor, Theodore G (Radcliffe) |
Leese, Sir Joseph F. (Accrington | Parrott, William | Thomas, Sir A. (Glamorgan, E.) |
Leng, Sir John | Partington, Oswald | Thomas, David Alfred (Merthyr |
Lewis, John Herbert | Paulton, James Mellor | Thomas, J A (Glamorgan, Gower |
Loyd-George, David | Philipps, John Wynford | Tomkinson, James |
Lundon, W. | Reckitt, Harold James | Toulmin, George |
Lyell, Charles Henry | Reddy, M. | Ure, Alexander |
MacNeill, John Gordon Swift | Rickett, J. Compton | Wallace, Robert |
MacVeagh, Jeremiah | Roberts, John Bryn (Eifion) | Walton, John Lawson (Leeds |
M'Arthur, William (Cornwall) | Roberts, John H. (Denbighs.) | Walton, Joseph (Barnsley) |
M'Crae, George | Roche, John | Wason, Eugene (Clackmannan) |
M'Laren, Sir Charles Benjamin | Runciman, Walter | Wason John Cathcart (Orkney) |
Mansfield, Horace Rendall | Russell, T. W. | White, George (Norfolk) |
Markham, Arthur Basil | Samuel, S. M. (Whitechapel) | White, Luke (York, E.R.) |
Mitchell, Edw. (Fermanagh, N.) | Seely, Maj. J.E.B. (Isle of Wight | Whitley J. H. (Halifax) |
Morgan, J. Lloyd (Carmarthen) | Shackleton, David James | Whittaker, Thomas Palmer |
Moss, Samuel | Shaw, Charles Edw. (Stafford) | Williams, Osmond (Merioneh) |
Moulton, John Fletoher | Shaw, Thomas (Hawick B.) | Wilson, Fred. W. (Norfolk, Mid.) |
Murphy, John | Shipman, Dr. John G. | Wilson, Henry J. (York, W.R. |
Newnes, Sir George | Slack, John Bamford | Wilson, John (Falkirk) |
Nussey, Thomas Willans | Sloan, Thomas Henry | Wood, James |
O'Brien, Kendal(Tipperary Mid | Smith, Samuel (Flint) | |
O'Connor, James(Wicklow, W.) | Spear, John Ward | TELLERS FOR THE NOES— |
O'Donnell, T. (Kerry, W.) | Stanhope, Hon. Philip James | Mr. Channing and Mr. |
O' Kelly, James(Rosoommon, N. | Strachey, Sir Edward | Charles Allen |
O'Malley, William | Sullivan, Donal |
§ MR. DUKEsaid he had been astonished, not to say dismayed, to hear the President of the Local Government Board assume as a fact that the quarter sessions in discharging the duties to be discharged under this Bill would act as a judicial body. Everyone conversant with the duties of quarter sessions would know that they had two separate and distinct sets of duties, one of them administrative and the other judicial. There was no difficulty in distinguishing between the administrative duties which had devolved on justices by the practice of centuries and the operation of Acts of Parliament and a different character. It was essential their judicial duties which were of quite that Parliament should decide whether the duties devolving on quarter sessions through this Bill, which was an administrative measure, should be performed by quarter sessions as a judicial or an administrative body. He submitted that these administrative duties should be performed by quarter sessions as an administrative body.
And, it being half-past Seven of the clock, the Chairman left the Chair to make his Report to the House.
§ Committee report again this evening.