§ Mr. HAVELOCK WILSONasked the President of the Board of Trade if he can state under what section of the Merchant Shipping Acts did the superintendent of the mercantile marine office at North Shields issue a certificate as to the execution of an agreement with the men of the s.s. "Eastville," of Newcastle, on the 8th instant, seeing that the engagement of the crew had not been completed at the time; whether he is aware that seamen freely offered their services when a crew was called for by the master of that ship, thus affording the master ample opportunity of duly executing the agreement with the crew prior to the granting of the certificate referred to; whether his attention has been called to section 118 of the Merchant Shipping Act, 1894, which provides that the master before proceeding to sea shall produce to the officer of Customs a certificate to the effect that an agreement has been duly executed with the crew; and under what section of the Merchant Shipping Act has the Board of Trade power to issue general instructions superseding section 118 of the Merchant Shipping Act, 1894?
§ Mr. CHURCHILLI am advised that the action of the superintendent was in accordance with the instructions issued by the Board of Trade to superintendents under the general administrative powers conferred on the Board by the Merchant Shipping Act, Part 14. The practice is founded on the view that when a master has duly executed an agreement with his crew in the form provided by the Board of Trade it is not unreasonable to consider that the provisions of section 118 have been complied with, seeing that the superintendent has a guarantee that the master has 577 bound himself to carry out such an agreement. I am not aware that in this case seamen freely offered their services prior to the issue of the clearance certificate by the superintendent.
§ Mr. HAVELOCK WILSONMay I ask the right hon. Gentleman if he is aware that Part 14 of the Act only refers to the Act of 1906, and not to the Act of 1894, which definitely states that before the clearance for a ship is granted the master must have completed the signing on of the crew? Can the right hon. Gentleman refer me to any section of the Merchant Shipping Act which gives the Board of Trade the power to suspend the Act of 1894?
§ Mr. CHURCHILLI would not like to be drawn into a legal discussion as to the construction of the various Acts under which the matter is administered, but the practice followed in this case is, I am informed, the regular and usual practice followed throughout the country. I understand that my hon. Friend is putting the question under an apprehension that the officials charged with the carrying out of this practice have taken more exceptional action in regard to a great district? If that is so, I would like very much to dissipate that idea, because strict neutrality and impartiality must be observed in regard to any trade dispute.
§ Mr. HAVELOCK WILSONIs the right hon. Gentleman aware of the fact that in almost every mercantile marine office throughout the country it is the practice on the part of the superintendent to refuse to certify the clearance of the ship until the signing on of the crew has been completed, and that this practice has now been dropped on the northern coast, and that this has only been done since the dispute arose between the shipowners and the seamen?
§ Mr. CHURCHILLMy information is that the, usual practice has been followed, and that nothing contrary to it has been done. If my hon. Friend can give any evidence on the subject I am ready to hear it.
§ Mr. HAVELOCK WILSONI beg to give the right hon. Gentleman notice that when the Board of Trade Labour Exchange Bill is introduced I will call further attention to this matter.