§ *The EARL OF WEMYSSmoved Amendments providing that the Commission should allocate the property "so far as beyond the reasonable capacity of the Free Church to use," and that among the circumstances to which they should have regard should be included "the judgments of the Law Courts, and any special historical or other associations attaching to particular parts of the said property."
§
Amendments moved—
In page 1, line 8, after the word 'thereof' to insert the words 'so far as beyond the reasonable capacity of the Free Church to use adequate.'
In line 9, after the word 'Church' to insert the words 'and whereas the Free Church had previously made public intimation that they were willing to surrender to the Sovereign power the property in question in so far as beyond their capacity to administer according to the trusts thereof.'
In page 1, line 21, after the word 'Act' to insert the words 'so far as beyond the reasonable capacity of the Free Church to use'"; and
In line 23, after the word 'case' to insert the words 'including the judgments of the Law Courts, and any special historical or other associations attaching to particular parts of the said property.'"—(The Earl of Wemyss.)
THE SECRETARY FOR SCOTLAND (The Marquess of LINLITHGOW)said he was sorry to say that His Majesty's Government could not accept the Amendments, as they would limit the discretion of the Commissioners and alter the whole basis of the Bill. The first sub-section of Clause 1, which the noble Earl desired to amend, was the key of the whole Bill; and, subject to the provisions in the two following sub-sections, the intention of the Governmen was to give the Commissioners a free hand. The word 239 "adequate," which his noble friend desired to in roduce into the preamble, was neither desirable nor necessary. As it stood, the second paragraph of the preamble referred very briefly to the conclusions of the Royal Commission; but in the operative part of the Bill, in Clause 1, Sub-section 1, the phrase "adequate provision" was expressly inserted as a direction to the Commissioners. In those circumstances he had to ask the House to resist the Amendments.
§ On Question. Amendments negatived.
§ Clause 1 agreed to.
§ Clause 2 agreed to.
§ Clause 3:—
THE EARL OF CAMPEKDOWNasked the Secretary for Scotland a question as to the procedure before the Commission. He concluded that under Clause 5 it would be competent for the Commissioners to allow counsel to appear before them, but he would like to hear from the noble Marquess whether, having regard to the important circumstances, it might not be desirable to make it imperative on them to hear counsel if the parties so desired.
THE MARQUESS OF LINLITHGOWsaid he had considerable sympathy with the question which the noble Earl had asked. It would, of course, be quite competent for the Commissioners to decide to hear parties by counsel, but he did not think it would be desirable to put an imperative order to that effect in the Bill. They had selected Commissioners in whom, he believed, the country had the greatest confidence, and they had desired to avoid, as much as possible, tying their hands.
§ Clause 3 agreed to.
§ Remaining clauses and schedules agreed to.
§ Bill reported without Amendment; Standing Committee negatived; and Bill to be read 3a on Monday next.