SECOND READING. (Hansard, 31 July 1873)

THE EARL OF KIMBERLEY

, in moving that the Bill be now read the second time, said, that the Bill, as originally framed, was introduced by Mr. Vernon Harcourt in the other House of Parliament, and applied to conspiracies which were connected with combinations concerning trade. The Government, however, did not deem it desirable to deal with the law of conspiracy on only a single point, and were of opinion that any Bill on the subject should be extended to the law of conspiracy generally. The occasion which gave rise to the consideration of the question was that of the strike of the gas stokers. It would be remembered that several of these persons were sentenced, for conspiracy to commit an offence, to much severer punishment than were others who had actually committed the offence itself. Now, the general effect of the present Bill would be that it would remove altogether from our law punishment for conspiracy to effect any object by a mere breach of contract, which would hereafter be left to be dealt with under the Criminal Law Amendment Act and the Masters and Servant Act; while in such grave eases as a charge of conspiracy for the purpose of extortion, to defeat the course of justice, or to murder, the sentences which might be pronounced were left subject to the existing law. The first clause, therefore, provided that no person should be liable to any greater punishment for a conspiracy to be carried out by a breach of contract than he would be liable to for a breach of the contract itself; and no person would hereafter be liable to punishment for conspiracy by reason only of his being a member of a trade combination. The clause defined "trade combination" as a combination between masters or workmen or other persons for regulating or altering the relations between any persons being masters or workmen or the conduct of any master or workman in or in respect of his business or employment or contract of employment or service. He was aware that the Bill came up to their Lordships' House rather late in the Session, relating as it did to a question of great importance; but it had 1320 been carefully examined by the Law Officers of the Crown, and they had endeavoured to make it as complete as possible. He hoped, therefore, their Lordships would pass it, for it was not desirable that a penalty should continue to hang over the working classes of this country which Parliament, he believed, never intended should be imposed for the particular offence with which the Bill dealt.

§ LORD CAIRNS

said, he had not the slightest objection to have the question fully considered how far it was desirable to treat the offence to which the Bill related as a criminal act. The matter was one which was, in his opinion, well worthy the attention of Parliament, and the law on the subject might stand in need of revision, more especially when a breach of contract of the kind under discussion was carried out by what was termed a conspiracy, but which would more properly be called a combination. He must add, however, that the Bill filled him with considerable apprehension. It proposed a great change in the criminal law; it had not been introduced as a Government Bill, but was proposed in the other House by a private Member, and it came before their Lordships at a very late period of the Session. It was desirable to have the opinions and the advice of the learned Judges on the matter before such an alteration of the law was made; but, in the present case, that assistance could not well be obtained, as the Judges were on their circuits. It appeared to him to be a very serious and somewhat dangerous thing at that period of the Session, for the purpose of effecting the object sought by that Bill, to alter the whole law in regard to conspiracy. He would now make no objection to the second reading of the measure, it being understood, however, that he would to-morrow, at its next stage, call their Lordships' attention to the points to which he had briefly referred, and ask their earnest consideration as to what course ought to be taken under the circumstances.