§ MR. WATTI bag to ask the Lord-Advocate whether his attention has been 370 called to the system of raffling at bazaars in connection with churches and clubs in Scotland; why, if this practice is contrary to law, the authorities do not institute proceedings; and if, in view of the fact that the law has fallen into disuse, he will introduce legislation to make the practice legal.
§ The following Questions were also on the Paper:—
§ MR. WATTTo ask the Lord-Advocate whether his attention has been called to the fact that newspapers in Scotland published particulars and results of raffles in connection with church bazaars and clubs; why, if this practice is contrary to law, the authorities do not institute proceedings; and if, in view of the fact that the law has fallen into disuse, he will introduce legislation to make the practice legal.
§ MR SUTHERLAND (Elgin Burghs)To ask the Lord-Advocate, in view of the fast that during a long period of years almost every bazaar held in Scotland has had as part of its equipment the subscription sale system, that the attitude of the criminal authorities has induced not only local authorities, but the public generally, to treat the law on the subject as obsolete, and that arrangements and commitments have been made in good faith in connection with bazaars for this year, whether he can make any statement on the future policy of his Department in the matter which will be a guide to persons promoting undertakings of a charitable nature.
THE LORD-ADVOCATE (Mr. THOMAS SHAW,) Hawick BurghI may be allowed to answer this and the two succeeding Questions together. These practices—whether called raffling or subscription sales, or plainly denominated lotteries—appear to be contrary to law. For some years the law was not enforced with rigour; and a certain practice appears to have arisen of allowing its non-observance in view of the good objects which it was urged an evasion of the law would promote. Various appeals have reached me on this head from churches and clubs, and in at least one case from a local trades council, and I have answered all of them by refusal. It has not been 371 decided that the law is in desuetude. On the contrary it has recently been enforced, and criminal conviction obtained. In addition, numerous warnings have been given. The only authority which can sanction schemes as exceptions to the general law is the authority of the Act of Parliament. I have no such authority, but am bound to administer the law irrespective of whether the delinquents are or are not actuated by philanthropic motives. With reference to the concluding Question by my hon. friend the Member for Elgin, persons promoting charitable undertakings must, I fear, expect no further warning than this Answer.
§ MR. C. E. PRICE (Edinburgh, Central)In view of the fact that the State recognises that the churches are committing a breach of the law, cannot an exception be made on behalf of friendly societies when doing a like thing on behalf of a widow?
§ MR. THOMAS SHAWWe cannot take into account the motive when enforcing the law.
§ MR. ALEXANDER CROSSIs it intended to prosecute in all these cases?
§ MR. THOMAS SHAWI have no doubt a prosecution will take place in the ordinary course on information being laid.