§ 35. Mr. MACLEANasked the Prime Minister whether he is aware that Act 1592, c. 31 (temp. James VI of Scotland), established the right of the Crown to ownership of mines of gold, copper, lead, tin, and other metals and minerals, and that this Act is unrepealed; and, in view of the conditions of the mining industry, whether he can state when he proposes to operate the Act and resume Crown ownership of the mines in Scotland?
§ The LORD ADVOCATE (Mr. William Watson)I have been asked to answer this question. I would refer the hon. Member to the reply given to him by the Lord Advocate on the 26th March, 1919, of which I am sending the hon. Member a copy.
§ Mr. MACLEANI read the answer to which the Lord Advocate refers before I framed this question. Can he tell me whether the Crown is going to take any action in the matter, since the condition in the mining industry has grown much worse since 1919?
§ The LORD ADVOCATEI hope it has been made clear to the hon. Member that this Act does not cover coal; it only covers precious metals.
§ Mr. MACLEANMay I ask whether it is not the case that it covers minerals. If it does, will the Lord Advocate say what coal is if it is not a mineral and does not come under this Act?
§ The LORD ADVOCATEThis is not the time to argue the merits of the Act. There are two clases of minerals, precious metals or minerals which were part of the prerogative of the Crown, and base minerals or metals. All that this Act deals with are precious metals or minerals, which never were and are not the prerogative of the Crown.
§ Mr. MACLEANCan the right hon. and learned Member quote any Section in the Act in which the minerals are described as precious and base? Does it not apply to all minerals?
§ The LORD ADVOCATEPerhaps I had better read the decision of the Court on this point.
§ Mr. MACLEANI am not asking for the decision of the Court. I am asking for the Act itself; not the interpretation put upon it by a body of men sitting on a bench.
§ Mr. SPEAKERThe hon. Member has seen the Act.
§ Mr. MACLEANIt is because I have seen the Act and read it that I know that the words precious metals and base metals are not used in it.
§ The LORD ADVOCATEAnyone who has read the Act and understands the intricacies of the old Scots language will see that it does not add anything fresh to the regalia of the Crown. It only disannexes what, has been from the first the property of the Crown. Prior to the date of that Act, base metals and minerals never were and never have been regalia of the Crown.
§ Mr. MACLEANIf that is so, why was it that a predecessor of the right hon. and learned Member in office, in 1848, actually instituted proceedings against a coal-mine owner in Scotland to hand back to the Crown a coal mine he was working?
§ The LORD ADVOCATEThat is incorrect. That action did not relate to coal at all.
§ Mr. MACLEANIt did. As the Lord Advocate has made that statement, will he be good enough to read to the House the statements made by the Lord Advocate in 1848 in relation to that case?
§ Mr SPEAKERWe cannot debate the matter now.