XV.—The Imperial Parliament(I) The State Of Parliamentary Business.By Cecil Harmsworth, M.P.There is one argument for conferring self-government on the people of Ireland that appeals with irresistible force to many ordinary members of Imperial Parliament. This is the urgent necessity for relieving Imperial Parliament of“provincial”business and setting it free to devote its best energies to the ever-increasing legislative and administrative needs of the empire.Every year the amount of business that falls to be transacted in the House of Commons grows in volume. Every year fresh proofs are afforded that the legislative machinery of the House of Commons is not only unequal to the strain imposed by the growing volume of business, but that it is incapable even of dealing effectively with the affairs that have always been regarded as coming within its special province. For instance, the House of Commons has practically lost all control over the details of finance. It is true that a fairly generous allowance of Parliamentary time is allotted to the Estimates, but the House rarely, if ever, comes to close grips with the nation's balance sheet, or indeed with the details of any particular vote. Yet a vigilant supervision over finance is one of the primary functions of the House of Commons.[pg 374]How far the recently established Select Committee on Estimates will be able to assist in promoting national economy remains to be seen. The creation of such a body has not met with universal approval in the House itself. As in the case of all parliamentary Committees, no matter how influential theirpersonnel, the House as a whole may not be found willing to accept the decisions of the new Select Committee as authoritative.In the sphere of Bill legislation, the condition of things is even worse. Notwithstanding the desperate shifts which have been resorted to in recent years to secure the dispatch of business, we are confronted in every succeeding session with greater congestion in the House of Commons. Big Bills are hustled through with the aid of every undesirable expedient known to parliamentary procedure, and little Bills in pathetic shoals are massacred at the end of each session. The plain fact is that we have not sufficient time in which to do anything properly. No matter what strain we impose on the physical endurance of Members, no matter how far we invade the undoubted privileges of the House of Commons as a deliberative assembly, Parliament is less and less able to fulfil its manifold duties as the paramount legislature in a world-wide state. The damage to local interests is scarcely less serious. Irish finance, for instance, and Irish legislation suffer from the disability of Imperial Parliament to give them due consideration.Let it not be supposed that the House of Commons is unconscious of its own demerits as a legislative machine. It is nearly sixty years since Sir John Pakington's Committee was appointed to consider“whether by any alteration in the forms and proceedings of this House, the dispatch of public business would be more effectually promoted.”Committees with[pg 375]similar references were set up in 1861, in 1878, and in 1886. As a result of these inquiries two Standing Committees were established at the instance of Mr. W. H. Smith in 1888. The relegation of measures of the second rank to the two Standing Committees was expected to lighten the legislative burdens of the House of Commons very considerably, and this result was in some measure achieved. But the problem of congestion was so far from being solved that it was thought necessary to appoint yet another Committee (Sir Henry Fowler's) in 1906. This Committee recommended the setting up of four Standing Committees, and it is under this system that we are now working. With considerable diffidence I advance the opinion that an even larger use of Standing Committees might be made than has yet been attempted. Part II. of the National Insurance Bill was sent“upstairs,”and the result amply justified what was regarded by cautious Parliamentarians as a daring experiment. But this part of the Insurance Bill was in a large degree uncontroversial. The House of Commons is jealous, and naturally jealous, of its rights over controversial measures of the first class, and has never yet shown any readiness to accept as conclusive the decisions of Standing Committees. Nor should it be forgotten that attendance on a Standing Committee imposes a severe strain on members who are also keenly interested in the business of the House itself. By the time Mr. Speaker takes the chair at a quarter to three o'clock, the members of such Committees have often completed a very fair day's work.Meanwhile, other and more questionable expedients for facilitating the dispatch of business were coming into general use. It is to Mr. Joseph Ronayne, a member of the Irish Parliamentary Party in the 'seventies[pg 376]of last century, that we owe the policy of organised and scientific obstruction in the House of Commons, and, as a consequence, the drastic use of the closure. Mr. Ronayne was a back-bench member of the Irish Party, of unobtrusive manners but of settled opinions. He was profoundly dissatisfied with the unaggressive tactics of Mr. Isaac Butt, the then leader of the Irish Party.“We will never make any impression on the House,”he said,“until we interfere in English business. At present Englishmen manage their own affairs in their own way, without any interference from us. Then, when we want to get our business through, they stop us. We ought to show them that two can play at this game of obstruction. Let us interfere in English legislation; let us show them that if we are not strong enough to get our own work done, we are strong enough to prevent them from getting theirs.”159Mr. Ronayne found in Mr. Joseph Gillis Biggar an apt pupil. Mr. Biggar used to say:“The English stop our Bills. Why don't we stop their Bills? That's the thing to do. No Irish Bills; but stop English Bills. No legislation; that's the policy, sir, that's the policy. Butt's a fool, too gentlemanly; we're all too gentlemanly.”Mr. Biggar's oratory is happily now only a tradition. It was not good oratory of any kind, but it effected its purpose. More skilful exponents of the art of obstruction have appeared since Mr. Biggar's day, but none more successful. The expedient may have been justifiable in the case of a small minority struggling unavailingly against an overwhelming and indifferent majority. It is quite true that during the mild reign of Mr. Butt the British political parties treated legislative proposals emanating from the Irish Parliamentary Party with scant courtesy. It is equally true that obstruction in the House of Commons proved a potent incentive to the more careful consideration[pg 377]of Irish claims. We have travelled far since those days, but obstruction remains as one of the most formidable weapons in the armoury of an opposition. The British political parties have, when in opposition, made full use of a device that Mr. Butt regarded as“undignified, useless, and mischievous.”And not only is obstruction with us, but its hateful if necessary corollary, the closure, has tended every year to become more oppressive. The parliamentary historian of the future will note that it was on June 10th, 1887, that“closure by guillotine,”that monstrous variant of an accursed type, was first proposed in the House of Commons. A few days later the guillotine fell on several of the most important clauses of a new Crimes Bill. So closely associated with Ireland are the most recent and most detrimental changes in the procedure that governs the debates in our Imperial Parliament!Obstruction or no obstruction, closure by guillotine or by compartments has come to stay as long as our Parliament attempts the otherwise impossible task of legislating for several provinces, and an empire at the same time. Nowadays almost every great Bill is subjected sooner or later to the guillotine. Let us see what this means. A debate in Committee, let us say, has been in progress for some days or weeks. Discussion has been free, and only occasionally, perhaps, has the ordinary form of closure been exercised. A bare half dozen clauses have been disposed of. There remain four or five score more clauses and a motley group of schedules. It becomes obvious that unless something is done to speed up the machinery, the Bill will never get through the House. Then it is that the leader of the House braces himself to his most unwelcome task, and, rising in his place, proposes a rigid time-table for the discussion of the remaining[pg 378]clauses and schedules. A certain number of days are allotted, and to each portion of time is allotted a section of the Bill. Thus, a whole Parliamentary day may be allotted to three clauses. The whole of this day, perhaps, is spent in debating the first line of the first of the three clauses. However this may be, the guillotine falls with remorseless severity at the end of the allotted day, and only Government amendments to the undiscussed parts of the three clauses are taken. Could anything be more clumsy? Was it possible for the ingenuity of man to invent a less businesslike remedy for the congestion of business in Parliament? Indeed, the absurdity of the system is universally acknowledged. I know of no more distressing spectacle than that of the leader of the House of Commons exerting himself to excuse a policy that he, in common with all who reverence the House of Commons, holds in detestation. On such occasions as this, the arguments advanced for what is confessedly a rude invasion of the rights of free speech are of a set pattern. It is urged that the debate has now been in progress for so many days or weeks, and that little advance has been made. Regret is expressed that resort should be had to such an unpopular device as the guillotine. But by what other means, it is asked, is a Government to carry controversial measures? After all, the time-table proposed is a generous one, having regard to all the circumstances of the case, and is certainly more generous than that allowed by the party opposite on such and such an occasion in the past. The leader of the Opposition, in rising, lays his hand on his heart and calls the House to witness that if on former occasions he has made use of the guillotine, he has done so far less frequently than the head of the present administration, and with an entire[pg 379]absence of the levity that marks the present proceedings. The guillotine resolution is carried. There are ineffectual ebullitions of wrath on the opposition side of the House, and there are sinking hearts on the Ministerial Benches. On every such occasion it is felt in all parts of the House that a deadly blow has been aimed at the dignity and the prestige of Parliament.But the House of Commons is meant to be a deliberative assembly! It holds still the highest place among the democratic assemblies of the world, and its rules and forms and customs have been adopted with unquestioning veneration, wherever democratic communities have set up legislating for themselves. In point ofpersonnel, recent Parliaments have shown no falling off from the standards of other days. In manners, in public spirit, in devotion to parliamentary duty, and in the range of their knowledge and experience, the members of the present Parliament compare most favourably with their predecessors in any Parliament in our history. If they are gagged and closured and guillotined, it is not because their speeches would be unworthy of the place or of the occasion. The simple reason is that there is no time for them. The mother of Parliaments is trying to do the work of four or five Parliaments, and is signally failing in the attempt.Let this be noted. Though the outcry against the guillotine closure, whenever it is proposed to be exercised, is loudest on the opposition side of the House, the guillotine operates just as much to the disadvantage of private members on the Government side. They are expected to support the Government Bill in broad outline, but they are under no obligation to support it in every detail. They entertain, and are entitled to entertain, their own views as to points of detail,[pg 380]and are no more willing than members opposite that their pet amendments should be sacrificed arbitrarily at the end of an allotted day. Indeed, since they are,ex hypothesi, devoted to the main principles of the Bill, they are likely to be even more solicitous than members of the Opposition that the Bill should be as perfect in detail as in its general scope. Little wonder that under the operation of the guillotine, private Ministerial members tend more and more to become passive and, in the long run, indifferent spectators of the drama that is enacted on the floor of the House when a great Bill is going through, and it is in this respect and not in any other, I think, that modern Parliaments are inferior to others.There are other aspects of the question that might be dwelt on at some length, if this were the proper occasion. Since it is recognised in all parts of the House that a great measure is not and cannot be adequately discussed under the guillotine closure, a dangerous practice has grown up of leaving difficult matters to be decided by Government departments or by new authorities set up under the Act. Under the National Insurance Act, for instance, the Commissioners are invested for certain purposes with all the legislative prerogatives of the three estates of the realm! I must leave that matter to the constitutional authorities. I am concerned for the moment merely to show that the guillotine closure is a clumsy, unbusinesslike, and dangerous expedient that cannot be regarded as having solved in any satisfactory degree the eternal problem of congestion in a Parliament that attempts to cope at the same time with the local affairs of three or four provinces, and with the affairs of an empire.Relief might doubtless be found in the more frequent[pg 381]use of what is known as the“kangaroo”closure. This method of dealing with business in Committee was first regularized in 1908. Under this system, power is given to the Chairman to select such Amendments as he believes to be really important, to the exclusion of others. The burden of responsibility thus thrown on the Chair is felt to be enormous, and it is chiefly on this account that the kangaroo closure has been very sparingly exercised.I say that the setting up of four Standing Committees, and the institution of the guillotine closure have so far failed to relieve appreciably the pressure of business in the House of Commons. Another method has been tried that might reasonably have been expected to produce more fruitful results. I refer to the prolongation of the session of Parliament. In 1906 we had an autumn sitting. In 1907 we sat until August 28th. In 1908 we had an autumn sitting. In 1909 we sat for practically the whole year. The session of 1910 was agreeably diversified by a strenuously contested General Election at either end of it. In 1911 we had yet another autumn sitting, and this year we are threatened with a continuous session extending from February until Christmas time. True enough, a good part of the work of these sessions was wasted by the action of a House of Lords which has since lost some of its powers for obstructive mischief, but it will be observed that of the first class measures destroyed by the Lords, only two—the Education Bill (in a different form), and the Scotch Small Holders Bill—have subsequently made considerable demands on the attention of the House of Commons. The time gained by extending the sittings of these several Parliaments has been chiefly wanted for new legislation. Even if the House of Lords had found it convenient to[pg 382]pass the Liberal measures which it rejected, the pressure of business in the House of Commons must have necessitated the resort to autumn sittings in two or three of the years under consideration. Now, it is a commonplace that autumn sittings are permissible only in very exceptional circumstances. From the point of view of all Members of Parliament, autumn sittings are an unqualified disadvantage. Members, like other folk, want their holidays, and, unlike other folk, have constituencies to look after. Ministers of the Crown who are members of the House of Commons stand in even greater need of holidays than private members, and are not less under obligation to cultivate their constituencies. In addition, they need leisure for the preparation of the great Government measures that are to figure in the King's Speech, Departmental Bills for the ensuing session, and generally for the overhauling of the work of their departments. It is astonishing that the work of the great administrative departments should have been done so well in recent years when regard is had to the extreme pressure under which Ministers have been working. If Sir H. Campbell-Bannerman and Mr. Asquith had not had at their command an abundance of administrative talent of a high quality, there must have been during the last six years many cases of failure in the management of the important Parliamentary Offices of State. One of the chief functions of a Parliamentary Minister in charge of a department is the infusion of new ideas, the re-assembling and adaptation of old machinery, the bringing up to date of an organisation that may have served its purpose well in the past but is no longer adequate to the enlarged requirements of modern times. For such work as this there must be time for cool deliberation. It is scarcely possible for the most[pg 383]capable Minister to devise schemes of administrative reform amidst the excited rumours of the lobbies and the innumerable distractions of life in the House of Commons. Less responsible members of the House of Commons than Ministers find that it is well-nigh impossible to think clearly during the session of Parliament.Other methods have been proposed for saving time in an overburdened House of Commons. There is the proposal that measures that have reached a certain incomplete stage in one session should be revived at the same stage in the next session of the same Parliament. A Select Committee of unusual authority discussed this matter in 1890. Among the members of the Committee were Mr. Gladstone, Mr. Balfour, Mr. Chamberlain, Mr. John Morley, Mr. Goschen, Sir William Harcourt, the Marquis of Hartington, Mr. Dillon, Sir Edward Clarke, Mr. T. W. Russell, Mr. Labouchere, and Mr. Sexton. Proposals for abridging the procedure on partly considered Bills had been mooted in 1848, in 1861, and again in 1869, but the objects in view of the earlier Committees entirely differed from those of the Committee of 1890. The proposal emanated from the House of Lords, and the original design was to give the Upper House power to hang up Bills coming from the House of Commons. The Lords complained, as they have often complained since, that Bills were sent up to them at a period of the session too late to admit of the exercise of the Lords' rights of revision and amendment. They urged, too, and with some force, that Bills were frequently sent up to them which had not been adequately discussed in the lower House. They desired, therefore, to possess themselves of the power to hold over such Bills to another session. Needless to say, such a proposal as this excited fierce[pg 384]opposition in the House of Commons, and the deliberations of 1848, 1861, and 1869 came to nothing. The Committee of 1890 set out with wholly different intentions. Its object was merely to obviate reiterated arguments in the House of Commons on the same subjects and to save the time of the House. Thanks in a large measure to Mr. Balfour's advocacy the Committee reported that the carrying over of Bills should become the practice of the House, as it is indeed the practice of almost every Parliament in Europe. A formidable minority, however, led by Mr. Gladstone, reported against the proposal, and nothing has yet been done to give effect to the wishes of the majority. To this day the“massacre of the innocents”is a melancholy feature of our proceedings at the end of a session. I doubt myself whether“carrying over”will ever be adopted as a part of the established and regular practice of the House of Commons. Ministers look with cold disfavour on the proposal. They are generally suspicious of private members' little Bills, and private members themselves are not ordinarily enthusiastic about the legislative bantlings of other private members.One other remedy has been suggested for hastening the dispatch of business in the House of Commons—the limitation of speeches. For every member who made speeches in the House of Commons half a century ago fifty make speeches now. It is not, I think, that we are more loquacious than our ancestors or more greedy of the ready publicity that is accorded to any sort of speech in Parliament. Many interests are now represented in Parliament that were not directly represented at all in the earlier days, and the problems of a more numerous population and of a more complex civilisation make corresponding demands on the time[pg 385]of the House of Commons. The serious man who represents these great new interests in the House of Commons never consciously squanders the time of the House in unnecessary speech. No doubt the prevailing fashion of oratory is marked by diffuseness and lack of discipline, but it is to the comparatively modern scandal of deliberate obstruction by speech that we owe the guillotine and all its attendant evils. From time to time there has been earnest debate as to whether a time limit to speeches should be fixed. That any such policy is difficult of achievement is proved by the fact that even the existing Standing Order against irrelevance and tedious repetition has fallen into almost complete abeyance.What is the ultimate remedy for the congestion of business in the House of Commons? Who can doubt that it is the delegation of provincial business to provincial assemblies? There has been, I say, no lack of expedients. The setting up of four Grand Committees, the institution of the guillotine as a regular feature of House of Commons procedure in regard to every first-class measure, the frequent resort to autumn sittings—these methods have been tried and found wanting. Little prospect of relief is afforded by any projected limitation of speeches or by the carrying over of Bills. Meanwhile, as we have seen, the legitimate claims on the attention of Parliament grow with the needs of a growing population and of an expanding empire. In part it is the problem of new wine in old bottles. Our Parliament was not constructed for its present purposes. Originally it was the legislature for England alone. The provincial affairs of Scotland were first imposed on it, and then those of Ireland. Concurrently, the management of an empire, as varied in its legislative and administrative requirements[pg 386]as the various climates it enjoys, has been added to our responsibilities. You may if you like regard our present House of Commons as an Imperial Legislature stooping from time to time to the consideration of provincial business, or as a provincial Parliament rising in its moments of inspiration to the discharge of high Imperial duties. The same Parliament that has to decide to-day some small matter of purely local Irish or Scottish concern must settle a national strike to-morrow, approve the naval strategy of the Empire, or frame the constitution for a people. To the executive that is responsible to the same Parliament are entrusted all the tremendous issues of peace and war. It is a supreme testimony to the genius of the British peoples for government that we have voyaged so far without shipwreck everywhere except in the region of Irish affairs.By all admissions we have made a mess of Ireland. With singular and unwonted perverseness we have refused for more than a hundred years to apply to Ireland the principles of self-government that have justified their application in every province of the Empire that is mainly inhabited by people of our own race. We have risked and we have incurred the disaffection of the Irish themselves; we have imposed on them and on ourselves untold suffering and expense; we have imperilled the whole fabric of our Parliamentary institutions.It is this last aspect of the problem to which earnest consideration is invited in these few pages. The efficiency of Imperial Parliament is a matter of Imperial concern. By no other means than by maintaining Imperial Parliament at the highest pitch of efficiency can we be assured of good government throughout the empire. I do not myself shrink from any of the[pg 387]logical consequences of the line of argument I have adopted. A truly Imperial Parliament representing England, Ireland and Scotland and, it may be, each of the more important Dependencies of the Crown—that is the goal towards which we should press. But the Irish claim, so far as the claims of the United Kingdom are concerned, was first presented, is most urgent, and must first be satisfied. If we could but rid our minds of party bias, Home Rule for Ireland would be universally regarded as the first step forward in the direction of Imperial efficiency. It is unquestionably a condition precedent to the re-establishment of our control over our own legislative machine.[pg 388](II) The Tendency Towards Legislative Disintegration. A Review Of The Statute Book.By H. de R. WalkerThe Act of Union between Great Britain and Ireland was the end of a definite epoch of political concentration. England, Scotland, and Ireland had at last been brought under a single Parliament, with equal and complete legislative authority over the whole of the three Kingdoms. But Union was not accompanied by uniformity, especially in the case of Ireland. Ireland, when joined in a legislative union with Great Britain, was in fact left in possession of separate Administrative, Financial and Judicial institutions. With the separate judicial system I am not further concerned, but at a time when the grant of extended self-government to Ireland is under consideration, I contend that it is of great utility to observe how far Irish Administration and Irish Finance are actually distinct and separate at the present time. Moreover, whatever may have been the intention of the statesmen of the period of the Union, it has also been found to be necessary, owing[pg 389]to the diversity of the institutions, to pass in the Parliament of the United Kingdom, a large number of statutes solely applicable to Ireland. I do not assume that what is now separate should in every case be transferred to the new Irish Authority, nor that what is now done in common should not be so transferred; but I do contend that the existing differentiation should largely guide us in connection with the forthcoming proposals. On the other side, our opponents might of course urge that, as we have already got separate laws and separate administration for Ireland, we obtain under existing arrangements all the diversity that is required, and that we have herein an argument against Home Rule rather than in its favour.We must, therefore, carry the matter a step further. We may say that the separate laws and separate administration, while not conclusive as to the need for Home Rule, will be found to provide a basis for its inception if it can be shown on other grounds to be desirable; but, as it is not my intention to enter upon the general merits or demerits of Home Rule, I pass on to submit the practical consideration that the separate laws and the separate administration for Ireland, as worked in connection with a single Parliament, not only work badly in themselves, but are prejudicial to the orderly development of Parliamentary government. This is my case, and if I can prove it, we should either do away with these separate arrangements or cease to work them in connection with a single Parliament. But it will be easy to prove further that the separate arrangements cannot now be consolidated. There is a continuous tendency to accentuate them in accordance with the requirements of the situation. We shall, therefore, be driven to the conclusion that we must have recourse to a separate Parliament for Ireland in[pg 390]order to be able to work these separate arrangements in a satisfactory manner.In order to substantiate these contentions, I shall discuss the existing position as regards Irish Legislation, at the same time giving some attention to Finance and Administration in their legislative aspects. The uniformity in Anglo-Irish Finances which has been developed during the nineteenth century is still qualified by a certain differentiation. Separate departments of administration involve separate estimates of expenditure; and separate laws may involve separate grants of money.The authors of the Act of Union did not attempt to establish uniformity between Great Britain and Ireland in the matter of either administration or finance, but they followed the precedent of the Union between England and Scotland in the concentration of all legislative powers in a single body, the Parliament of the United Kingdom of Great Britain and Ireland. But Union did not necessarily mean uniformity, and the united Parliament found itself at once compelled to pass separate and different Acts for the several portions of the United Kingdom.In this branch of our subject it will be convenient not to confine our attention to the separate Irish laws, but, since many laws are also passed separately for England and for Scotland, to take a wider view and consider how far Parliament legislates in common for the whole of the United Kingdom, and how far separately for one or more of its component parts. And it follows therefrom that any conclusions that we may form as to the delegation of legislative powers are likely to apply in kind if not in degree to England and Scotland as to Ireland. In the administrative sphere, of course, the position is by no means the[pg 391]same as between the three countries. Scotland has at present no important central department at Edinburgh other than its Local Government Board.It was largely owing to the maintenance under the Union of the separate administration in Ireland, combined with the retention during the first sixteen years of the separate exchequers, that Parliament was obliged to legislate separately for the different portions of the United Kingdom. These were the years of the Napoleonic wars, when very heavy taxation was imposed; and, not only was a separate Act passed, according to the custom of the time, for each article that was to be taxed, but this taxation was, on account of the separate exchequers, imposed by separate Acts for Great Britain and for Ireland. In these circumstances it is not surprising to find that the most numerous Statutes of the first twenty years of the century were those whose application was confined to Great Britain or to Ireland, and that they considerably exceeded in number those which applied to the whole of the United Kingdom or to England alone. After the amalgamation of the exchequers in 1817, the annual average of Statutes applying to Great Britain dropped at once from thirty-five to seven, and gradually decreased still further, since most of the financial measures were passed thenceforward for the whole of the United Kingdom alike. But Ireland, in spite of the financial amalgamation, continued to call for a large amount of separate legislation, and the annual average of Statutes applying solely to Ireland dropped no more than from thirty-one in the decade 1811-20, to nineteen in the following decade, at which point it remained fairly constant during the greatest part of the nineteenth century. Throughout this period, the average annual number[pg 392]of what I call“United Kingdom”Statutes ranged between forty-nine in the decade 1861-70, and thirty-two in 1881-90, and of Statutes that applied solely to England between fifty-eight in 1881-90, and twenty-three in 1801-10. It should be added that the numbers are those of the Public Acts alone, and they would be much higher, particularly in the later years, if the Local and Private Acts were included in the enumeration. But the public Statutes are obviously alone relevant in any enquiry as to the extent to which the Union of the Parliaments has led to legislative uniformity, and it is very significant that, even upon these public matters, Parliament has been unable at any time since the Act of Union, to avoid the necessity for a large amount of separate legislation for Ireland.The figures up to 1890 are taken from Mr. T. A. Spalding's“Federation and Empire,”which contains many interesting particulars, and I have worked out the figures for the two succeeding decades, but not exactly on the same basis. Mr. Spalding includes the Provisional Order Confirmation Acts which were not distinguished from other Public Acts until the middle of last century, but I omit them as not partaking of the character of general legislation, and the number of separate Acts given for England, Scotland and Ireland is considerably reduced by this omission.In my first table, which gives the total, not the annual average, I divide the Public General Acts into two wide categories: those, which I term“United Kingdom”Statutes, that apply to the Dominions, the Colonies, or India, as well as those which apply to the United Kingdom as a whole; and those, which I term“State”Statutes, that apply to England, Scotland or Ireland alone, to any two of these three[pg 393]countries, or, in a very few cases, only to the Channel Islands or the Isle of Man.Public General Acts, 1891-1910.United Kingdom.State.Total.1891-19002953366311901-1910252206458Total5475421,089It will be noticed that there is a curious approximation between the numbers in the two columns, and nearly half the legislative output of Parliament thus takes a form which is at any rate contrary to the spirit of the Act of Union. Excluding financial measures during the few years when the exchequers of Great Britain and Ireland continued to be separate, it would have been anticipated that the legislation under the Union would be uniform, or at least tend to uniformity, and it is very significant that, after more than a hundred years, so much separate legislation should still be required for the several portions of the United Kingdom. But I will postpone any further comments on this situation until I have shown how the“State”Acts are divided up as between the three countries and what are the principal subjects with which they deal.From my classification of the“State”Acts according to countries, I have omitted the twenty-one Acts which apply solely to the Channel Islands and the Isle of Man, one Scottish and Irish Act, and one Welsh Act; and, as to Wales, I may take the opportunity to say that I do not prejudge its claim to separate treatment in any measure of Home Rule all round, but that I shall not specifically mention Wales in this paper,[pg 394]partly in order to avoid the repeated enumeration of the four countries in the place of England, Scotland and Ireland, partly because the claim of the Principality, so far as it may be based on laws and administration that are distinct from those of England, is exceedingly weak. Education, however, is already separately administered, separate Insurance Commissioners have been appointed for Wales, and an important Welsh Intermediate Education Act was passed in 1889, just before the period that is covered by the following table.“State”ACTS, 1891-1910.England.Scotland.Ireland.Great Britain.England and Ireland.Total.1891-1900140747217213241901-1910783757149195Total2181111293130519The above table shows, so far as mere numbers are concerned, how far the pressure upon the Parliament of the United Kingdom would be removed if it were relieved of the responsibility for English, Scottish and Irish legislation, respectively; and, in view of the relative population of the three countries, we cannot be surprised at the conclusion to be drawn from the figures that the main cause of the legislative congestion lies in the fact that the laws relating exclusively to England and those applying to the United Kingdom as a whole, have to be passed by one and the same Parliament. We should, then, seek for some form of delegation which would remove English and Scottish, as well as Irish legislation, from the purview of the existing Parliament; but, in the meanwhile, the figures show[pg 395]that the removal of the Irish business would relieve matters appreciably, and it is probable, without counting the Home Rule Bills, which should not be regarded as exclusively Irish measures, that the Irish legislative proposals take more of the time of the House of Commons than would be represented by the proportion which they bear to the total legislative output.I now pass to the subject-matter of the Acts of Parliament; and I again turn to Mr. Spalding's book. He has made a most interesting analysis of the statutes up to the year 1890, from which it appears that Parliament had been unable to legislate by Acts applying over the whole of the United Kingdom whenever it had had to deal with the administration of justice and the laws relating to any of the following subjects: the tenure and occupation of land; the holding, transfer, and devolution of property (including land); the Church; the poor; local government, rural and urban; roads, railways, and canals; and education.160These are the subjects, that is to say, on which Parliament had been obliged to pass separate laws for the different parts of the United Kingdom, and the study of this centrifugal tendency seemed to me so important that I have continued (on the next page) the analysis for the following twenty years.The first impression derived from this table is that the division between the subjects on which the legislation covers the whole of the United Kingdom, and those on which it has a narrower application, is much the same as during the earlier period. Parliament continues to legislate separately for the“States”in the matters in which it has been its practice so to do, and this in itself is a very significant consideration in view of the strong contrary inducement resulting from[pg 397]the growing congestion of Parliamentary business. Thus, taking the last three headings on the list, we see that in regard to Education, the Poor, and the Church, all the legislation during the twenty years was of a“State”character, while the very numerous Acts relating to Local Administration were in almost every instance equally limited in their application. When we pass to Law and Justice, and to Land and Agriculture, we find that the“State”predominance is not quite so marked, but even so, there were three times as many“State”as“United Kingdom”laws, and we conclude that, though the pressure of Parliamentary business is against it,“State”legislation continues to hold the field over a wide and varied range of legislative activity.Public General Acts.—United Kingdom.161Date.1891-51896-19001901-51906-10TotalImperial.2412131564Army and Navy.1525181472Conditions of Employment.10951034Benefit.652518Finance.37302928124General Administration.40212031112Trade and Commerce.61291845Traffic.4138Law and Justice.16451439Land and Agriculture741820Local Administration341311EducationPoor LawChurchTotal168127106146547States (England, Scotland And Ireland, Separately, And Combinations Of Any Two Of Them).Date.1891-51896-19001901-51906-10TotalImperial.Army and Navy.Conditions of Employment.Benefit.Finance.310417General Administration.7108732Trade and Commerce.9691236Traffic.448Law and Justice.4043931123Land and Agriculture.231172263Local Administration.49552334161Education.910111040Poor Law.4154225Church.3102116Total.15117477119521At the other end of the scale are the subjects on which Parliament is always able to legislate for the whole of the United Kingdom by a single Statute. The Imperial Laws are those which are promoted by the Foreign, Colonial, and India Offices, and concern our relations with Foreign Powers or with some portion of the British Empire. The Army and Navy laws include not only the Naval and Military Works Acts, but any Acts dealing with the Territorial and Reserve Forces. The next two classes may be bracketed together as Labour Laws, but are distinct according as they relate to the conditions of employment of the workers, for instance, in shops, coal mines, or factories, or to the benefits which accrue to them through Workmen's Compensation, Friendly and other Societies, and Old-Age Pensions. In both these cases, also, all the laws apply to the whole of the United Kingdom as do the great majority of the laws in the next two headings of Finance and General Administration. The“State”Acts under Finance are those by which Parliament[pg 398]has made grants towards the local expenditure upon education and towards the relief of the land from local burdens, and has done so separately for the three countries; and the“State”Acts of General Administration deal with the Central Departments which are maintained separately for England, Scotland, and Ireland. The heading of traffic is of dwindling importance, and the enumeration ends with trade and commerce where the“United Kingdom”laws have a slight numerical superiority.I have confined myself here to a few summary remarks upon the different legislative headings as I have discussed the matter in greater detail elsewhere;162nor do I wish to enlarge upon the conclusions that might be drawn from the figures. The South African War is evidently responsible for the greater number of Military Acts in 1896-1900; and the slowing down of the Parliamentary machine during Mr. Balfour's Administration is reflected in the smallness of the total legislative output in 1901-5. Moreover, since the Unionists were in power throughout 1901-5, and the Liberals throughout 1906-10, there is scope for a direct comparison of the records of the two Governments, but such considerations have no bearing upon our present purpose.On the contrary, I hope that the opponents as well as the supporters of Home Rule would agree that, since Home Rule involves a division of legislative powers between the Parliament of the United Kingdom and the Irish Parliament, it is not only pertinent, but necessary, that we should make ourselves acquainted with the lines upon which Parliament has, in practice, divided up its legislative business. For, while the point should not be pressed too far, I would[pg 399]suggest that the separate Irish laws, and, for that matter, the separate English and Scottish laws, constitute a kind of internal devolution, which is all the more significant because Parliament has not been actuated by any preconceived purpose; and that the subjects which are now dealt with by“State”laws are, for that very reason, those of which Parliament should naturally be relieved under any scheme of Home Rule. Similarly, it might be claimed that Parliament should retain those powers which it is now able to exercise in common for the whole of the United Kingdom; but the position is not the same in the two cases. In its anxiety to economise time, Parliament does not hesitate to render its measures applicable to the whole of the United Kingdom by appending to them clauses which regulate separately the application of the provisions to Scotland and Ireland; and where these“application clauses,”as they are called, are long and complicated, it is probable that separate measures for the different parts of the United Kingdom could be adjusted more closely to the local requirements. On the other hand, we may be sure that Parliament would not have passed, for instance, separate Local Government Acts for England, Scotland and Ireland, each of which took up much of its time, unless it had been obliged to do so; and we may assume, whenever such separate Acts are passed, that Parliament had some strong reason for its action, though, of course, I do not imply that Parliament has legislated also for England and Scotland on every subject on which it has passed an Act that related exclusively to Ireland.But it may be said that, while I have sufficiently described these separate laws, I have not explained why they are passed, nor have I given any reason why[pg 400]they must be continued. The separate laws are passed because England, Scotland and Ireland have in many respects distinct and different institutions. In Ireland, for instance, neither the position of the Church, nor the organisation of the police or of the Courts of Justice, nor the law in regard to the tenure of land, nor the system of education or of local government in general, is the same as in England or in Scotland; while Ireland is also subject to an exceptional code of criminal law. And the institutions of England and Scotland differ also very widely from one another.“After a long period of intimate union between England and Scotland,”said Lord Lothian, in 1887, in a speech in the House of Lords upon the proposed enlargement of the powers of the Secretary for Scotland,“people are apt to forget how entirely distinctive and different the administration of Scotland is from that of England. There is almost no point of resemblance. There are different forms of religion and different social forms affecting almost every portion of Scotland. There is a different code of education—an entirely different code of education—and different systems of agriculture. There are also different systems affecting the law of lunacy and parochial laws, and almost every other department.”163And these differences between the three countries, which are the direct cause of the distinctive laws, must surely be regarded as permanent, seeing that they have persisted since the respective Acts of Union. Neither Scotland nor Ireland would willingly surrender its separate judicial and ecclesiastical institutions or its separate machinery of administration. Indeed, the prevailing tendency favours increased differentiation, and it has the support of Unionists as well as of Liberals. The Unionists have[pg 401]recently created new Irish Departments in Dublin, such as the Department of Agriculture and Technical Instruction, and when the Liberals had re-established the office of Secretary for Scotland after a lapse of nearly a century and a half, the Unionists proceeded to add considerably to its powers.We may thus take it as axiomatic that, in the absence of Imperial Federation, or of a proposal such as Home Rule whereby Parliament can be relieved of some of its legislative duties, it must continue to occupy itself with five different categories of laws: Imperial laws, affecting the British Dominions beyond the seas; laws applying to the whole of the United Kingdom; and laws which relate exclusively to England, to Scotland and to Ireland. Moreover, while each legislative sphere has its parallel sphere of administration, the sole and supreme authority, except so far as the Dominions look after their own affairs, is centred, as with the legislative power, in a single body, the Government of the United Kingdom, which holds an absolutely unique position in the extent and variety of its responsibilities. In both these functions, then, we may have serious doubts as to how the system works, but I am unable to give any direct evidence in regard to the Executive. Though it is inherently improbable that a small group of men should be able adequately to supervise so varied a collection of interests, the subject is obviously one in which it is almost impossible to obtain precise information. The Cabinet of 1880-5 was not altogether happy in its multiplex activities, and complaints were rife of the neglect of home affairs during the South African War. Speaking generally, indeed, the Unionists, according to their adversaries, subordinate domestic to Imperial interests, while the critics of the Liberals would say that the[pg 402]Liberals reverse the process. And there we may leave the question, while agreeing, I hope, that Home Rule, or preferably Home Rule all round, would be beneficial so far as it would relieve the pressure upon a Cabinet that can scarcely fail to be overworked. And if there is any doubt as to the Cabinet there can be no doubt that Parliament is overworked to a very grievous extent. Irrespective of the strain upon individual numbers, it is admittedly unequal to the efficient discharge of its manifold functions. It cannot do all that it should do, and much of what it does do, it does without proper discussion. As to the first of these shortcomings, I am glad to be able to quote from an article in theRound Table164for December, 1911, in which, after a detailed comparison of the time that is available to the House of Commons with the demands that are made upon it, the conclusion is reached that“the legislative requirements of the country are too great for the available Parliamentary time.”And, as to the absence of proper discussion, the reader may be referred to the remarks on every occasion when the use of the guillotine closure is proposed, while the final inadequacy of the House of Commons is implicit in the recent admission of the Prime Minister, when proposing the guillotine motion upon the National Insurance Bill, that, without a resort to this method of procedure, the House cannot carry out the duties which it is required by the country and the interests of the Empire to discharge. Moreover, it should be borne in mind that, in trying to get all this diverse work out of a single Parliament, Governments have not only grievously restricted its legislative powers, but have also reduced the opportunities for discussion on administration and finance which are at least equally[pg 403]important functions of any supreme Parliamentary authority.But the agitation in connection with the National Insurance Act will keep public attention sufficiently focussed upon the manner in which Parliament does its legislative work, and I pass from the amount of the work to the consequences arising from its variety. As the Cabinet must supervise both domestic and Imperial affairs, and Parliament must deal separately with these two branches of legislation, so the electorate should not overlook either the Imperial or domestic views of those who seek its suffrages. But an elector may be faced by the difficulty that he likes the Imperial views of one candidate and the domestic views of the other, while the same man must represent him in both of these aspects in the House of Commons. In 1900 the Liberal supporter of the South African War was confronted with this dilemma in an acute form; and, in view of subsequent disputations, it may be taken to have been unfortunate that the party which won the elections of 1900, almost entirely on Imperial considerations, should thereby have been placed also in charge of our domestic concerns. And there was a similar confusion of issues in 1906, when, because a man was a tariff reformer or a free-trader, it did not necessarily follow that, in the former event, he was for, or, in the latter, against, the Conservative policy in regard to the liquor trade or religious instruction in the elementary schools. No small advantage, therefore, would accrue from Home Rule all round in the fact that separate categories of issues would be placed separately before the constituencies.And the electoral confusion is reproduced in the House of Commons; for there can be no doubt that the Liberals suffered under this disability in the Parliament[pg 404]of 1900, and the Conservatives in that of 1906. But, in the case of the Member, the connection with so many diverse interests has also other objectionable consequences. Supposing he sits for an English constituency, his responsibility extends to Scottish and Irish laws and administration, as to which he will know little or nothing, while his constituents will usually be indifferent as to what he may do. Illustrating this matter from my own experience as an English county Member, I may say, regarding my votes upon the Scottish Small Landholders and Valuation Bills, and the Irish Evicted Tenants and Land Bills, that not one of these subjects brought me any letter from a constituent, or was the occasion of any reference whatever in the course of any of my political meetings. And, since there is no reason to suppose that other English constituencies would feel or act differently, all these votes of English Members are in reality irresponsible, and they are to be condemned upon the principles of representative Government. For, in spite of the observance of its outward forms, its true spirit is absent wherever there is a failure of the healthy interplay of influences between a Member and his constituents; and here again, Home Rule all round could alone relieve the situation. Through the establishment of separate Parliaments in England, Scotland and Ireland, a Member's work in each of these bodies would be confined, as regards public affairs, to matters by which his constituents were or might be affected and in which there was the normal and proper relation between the electors and those whom they had elected.Moreover, there is a further evil effect arising from the inevitable indifference of constituents to much of the legislation which does not apply to the country[pg 405]in which they live. In view of the divergence of interests and diversity of classes represented in every Parliament, there is probably no legislature in which there is not a tendency to“log-rolling,”by which I mean arrangements among Members to support measures about which they do not care in return for help with measures in which they are particularly concerned. This temptation will be greater when the Parliament is not only overworked, as is the case here, but the struggle is intensified by the rivalry between English, Scottish, and Irish claims upon its attention. In the resultant situation, indeed, arrangements of a“log-rolling”character are likely to be made even upon the wider issues, and the fact should not be overlooked that they are rendered more easy because so many laws are passed separately for England, Scotland, and Ireland. In theory, of course, as Professor Dicey claims, it is the duty of a Member, whencesoever returned, to consult for the interests of the whole nation, and not to safeguard the interests of particular localities or countries; but in practice he cannot do it. The subjects for legislation are so complicated that he cannot make himself acquainted with them as they affect each of the three countries, and the pressure upon Parliament is so tremendous that he is almost bound to try to get for his own country a fair share of such time as is available. It is, therefore, wiser to bow to the inevitable, and enable the English, Scottish, or Irish Member, as the case may be, to look after his own concerns in his own Parliament, untroubled by the presence of others who do not understand his business and will not be called to account by their constituents for what they may do, while leaving the control of all common affairs, as at present, to the Parliament of the United Kingdom.[pg 406]There are, however, valid reasons why Ireland has a pre-eminent claim to priority of treatment. Ireland has been much less successful than England or Scotland in securing that Parliamentary action should be in accordance with the wishes of the majority of its Members in the House of Commons. Where the representatives of three countries together constitute a legislative body, it is probable that each of these countries will at some time or other be under the sway of a majority different from that which would be formed if its own representatives alone decided upon its composition; but it is clear that this fate is less likely to overtake the country which has a great numerical preponderance in the legislature in question. Thus, taking the period since 1885, England, holding 465 of the 670 seats in the House of Commons, was only in this position from 1892-5, for at the two elections in 1910 there was almost a tie in the return of 226 Ministerialists and 239 supporters of the Opposition. And this great preponderance of one of the countries adds to the likelihood that the others may have the majority of their own representatives in a minority of the whole representation. I have not been discussing the separate case of Wales, and so I will only say that, of the 30 Welsh Members, on no occasion in the twenty-seven years have the Unionists been able to muster more than 8; and Scotland has scarcely responded more closely to the swing of the pendulum in England. Though the Unionists were in power for fifteen out of the twenty-seven years, they had a majority in Scotland, and that a very small one, only in the Parliament of 1900. But Scotland on the whole does not come off badly, since it is not the practice of the Members from the other countries to vote down the Scottish representatives. Where Scotland does suffer is in their inability,[pg 407]owing to their numerical weakness, to secure a fair share of attention for Scottish domestic concerns. A law on Scottish Education, for instance, though it got into the Queen's Speech for 1900, was not enacted until 1908, and the Scottish Members never have more than one day in the Session for the discussion of all the Scottish Estimates. When we pass to Ireland, it is difficult to make any similar comparison, for, though the Nationalists sit permanently in opposition in the House of Commons, it does not follow that they should be classed as being opposed to the Liberals as well as to the Unionists. If we regard them as opposed to both of the principal parties, then, when the Liberals have been in power, every Irish Member with one single exception must be reckoned to have been among their opponents. But, if we prefer to base our calculations upon the sort of informal understanding which has existed during most of the time between the Liberals and the Nationalists, we must confine our attention, from the present point of view, to the years of Unionist Government, and we find that, of the 103 Irish representatives, the number of Irish Unionists during those periods has never exceeded 23 and has been as low as 19. Thus, putting the various figures which have been quoted into percentages, it becomes evident that England has had to live under a Liberal Government when the Unionists (in 1892-5) had 58 per cent. of the total English representation; Scotland has had to live under a Unionist Government when the Liberals (in 1886-92) had 60 per cent. of the total Scottish representation; whereas Ireland has had to live under a Unionist Government when the Nationalists had as much as 81 per cent. of the total Irish representation. And it must be borne in mind that, while England and Scotland are only rarely governed in opposition to the wishes[pg 408]of the majority of their representatives, Ireland has continued to be preponderantly Nationalist irrespective of party fluctuations in Great Britain.In these circumstances, Ireland, whether in its Nationalist or its Unionist constituencies, never expresses any other opinion than for or against Home Rule. We regret the confusion at all elections in the United Kingdom between Imperial and domestic issues, but at least we get an idea of the views of the electorate in Great Britain on some big Imperial question, or as between Free Trade and Protection. In Ireland we get nothing of the kind; it is impossible to say, for instance, whether Ireland is in favour of Tariff Reform or not; and the votes of the great majority of its representatives in the House of Commons are usually given, not with reference to the views of their constituents on the question under discussion, but solely in relation to the attainment of Home Rule. Now, this attitude of the Nationalists is evidently adopted because Irish domestic concerns are decided in the House of Commons by men who are not Irish representatives; and it may be remarked that Scotsmen, and even, to some extent, Englishmen, are also liable to have their wishes on purely domestic affairs over-ridden by the representatives of the other countries, but that they do not, on that account, subordinate everything else to the effort to release themselves from this anomaly.But, apart from the consideration, as we have seen above, that the Irish have been the principal sufferers, the Irish electorate are entitled, if this is a free country, to choose the issue which shall be put forward, and we should sympathise with them when they ask to be allowed to manage their domestic affairs without interference, in accordance with the principles of representative government. It is immaterial how[pg 409]far the Irish Nationalists have actually been able to get their own way in the House of Commons, for their efforts have usually been in vain until after a lawless agitation in Ireland, which, as a means of securing redress for grievances, is as demoralising to the legislator as to the elector. And when the law for which the Irish have asked has been passed without any such outside pressure, it is evident that the votes of the majority of the Irish representatives would have been useless unless sufficient English and Scottish Members had been willing to fall in with their wishes. Every Irish Nationalist knows, therefore, that a majority of the Irish representatives is by itself utterly unable to carry a purely Irish measure through the House of Commons, however often it may have been advocated, and however large may have been the Irish majorities in its favour; and representative government cannot fail to be brought into disrepute in Ireland, on account of its futility under existing conditions. Moreover, if representative institutions are to work well, there should be, so far as is possible, in every constituency supporters and opponents of the Government on the current questions of the day, for it is only by constant discussion and interaction that we can secure a sound relation between Parliament and the country. But nothing of the kind takes place in Ireland. Through their dissociation from the division into parties that prevails in Great Britain, the bulk of the Irish people are not informed as to the views on topics other than Home Rule of the Liberals, Unionists, or Labour men. In the greater part of Ireland, the Nationalist candidate is returned unopposed or is opposed only by another Nationalist; and when this is so, the party in power, whether it be Unionist or Liberal, is usually without any machinery by which its case is put before[pg 410]the electorate. Elsewhere, in Ireland, the Unionists have their organisation against Home Rule, and so far the Liberals are even in a worse position, for, though they have had the supreme control of affairs for the last six years, there are not half a dozen constituencies in Ireland where they have any means by which they can learn the views of the people or explain the policy of the Government. And yet Ireland, like the rest of the United Kingdom, is supposed to live under representative institutions! No doubt I may be reminded that the Nationalist Members are in touch with local opinion in Ireland, and that they are the informal allies of the Liberals; but the Nationalist attitude is concerned with little else but Home Rule, and it is just because, in existing circumstances, the Irish do not declare themselves, or perhaps even form an opinion, on ordinary political issues, that our representative system has broken down so much more severely in Ireland than in England or in Scotland.And thus I conclude my survey of the practical working of the Act of Union. I have shown that the domestic affairs of the three countries are, in continuance of what was done before the Union of the Parliaments, or as the result of subsequent developments, ordered in many respects separately for England, Scotland, and Ireland, and that there is no question in any quarter of the elimination of these separate arrangements. But they have led, as has been further demonstrated, to many difficulties in connection with our system of Parliamentary government, and it is only by the sub-division of the responsibilities between two or more Parliaments that such difficulties can satisfactorily be overcome. We have, therefore, valid grounds for the advocacy of Home Rule, apart from the particular claims of Ireland,[pg 411]though they, of course, serve to strengthen the argument; and, in considering what form the proposals should take, we cannot do better than study carefully how far England, Scotland, and Ireland are now governed in common and how far each of the three countries is governed separately. For the subjects in which there is now separate treatment are those which would be transferred under Home Rule with the smallest breach of continuity, or rather, in the natural course of our constitutional evolution.[pg 412]
XV.—The Imperial Parliament(I) The State Of Parliamentary Business.By Cecil Harmsworth, M.P.There is one argument for conferring self-government on the people of Ireland that appeals with irresistible force to many ordinary members of Imperial Parliament. This is the urgent necessity for relieving Imperial Parliament of“provincial”business and setting it free to devote its best energies to the ever-increasing legislative and administrative needs of the empire.Every year the amount of business that falls to be transacted in the House of Commons grows in volume. Every year fresh proofs are afforded that the legislative machinery of the House of Commons is not only unequal to the strain imposed by the growing volume of business, but that it is incapable even of dealing effectively with the affairs that have always been regarded as coming within its special province. For instance, the House of Commons has practically lost all control over the details of finance. It is true that a fairly generous allowance of Parliamentary time is allotted to the Estimates, but the House rarely, if ever, comes to close grips with the nation's balance sheet, or indeed with the details of any particular vote. Yet a vigilant supervision over finance is one of the primary functions of the House of Commons.[pg 374]How far the recently established Select Committee on Estimates will be able to assist in promoting national economy remains to be seen. The creation of such a body has not met with universal approval in the House itself. As in the case of all parliamentary Committees, no matter how influential theirpersonnel, the House as a whole may not be found willing to accept the decisions of the new Select Committee as authoritative.In the sphere of Bill legislation, the condition of things is even worse. Notwithstanding the desperate shifts which have been resorted to in recent years to secure the dispatch of business, we are confronted in every succeeding session with greater congestion in the House of Commons. Big Bills are hustled through with the aid of every undesirable expedient known to parliamentary procedure, and little Bills in pathetic shoals are massacred at the end of each session. The plain fact is that we have not sufficient time in which to do anything properly. No matter what strain we impose on the physical endurance of Members, no matter how far we invade the undoubted privileges of the House of Commons as a deliberative assembly, Parliament is less and less able to fulfil its manifold duties as the paramount legislature in a world-wide state. The damage to local interests is scarcely less serious. Irish finance, for instance, and Irish legislation suffer from the disability of Imperial Parliament to give them due consideration.Let it not be supposed that the House of Commons is unconscious of its own demerits as a legislative machine. It is nearly sixty years since Sir John Pakington's Committee was appointed to consider“whether by any alteration in the forms and proceedings of this House, the dispatch of public business would be more effectually promoted.”Committees with[pg 375]similar references were set up in 1861, in 1878, and in 1886. As a result of these inquiries two Standing Committees were established at the instance of Mr. W. H. Smith in 1888. The relegation of measures of the second rank to the two Standing Committees was expected to lighten the legislative burdens of the House of Commons very considerably, and this result was in some measure achieved. But the problem of congestion was so far from being solved that it was thought necessary to appoint yet another Committee (Sir Henry Fowler's) in 1906. This Committee recommended the setting up of four Standing Committees, and it is under this system that we are now working. With considerable diffidence I advance the opinion that an even larger use of Standing Committees might be made than has yet been attempted. Part II. of the National Insurance Bill was sent“upstairs,”and the result amply justified what was regarded by cautious Parliamentarians as a daring experiment. But this part of the Insurance Bill was in a large degree uncontroversial. The House of Commons is jealous, and naturally jealous, of its rights over controversial measures of the first class, and has never yet shown any readiness to accept as conclusive the decisions of Standing Committees. Nor should it be forgotten that attendance on a Standing Committee imposes a severe strain on members who are also keenly interested in the business of the House itself. By the time Mr. Speaker takes the chair at a quarter to three o'clock, the members of such Committees have often completed a very fair day's work.Meanwhile, other and more questionable expedients for facilitating the dispatch of business were coming into general use. It is to Mr. Joseph Ronayne, a member of the Irish Parliamentary Party in the 'seventies[pg 376]of last century, that we owe the policy of organised and scientific obstruction in the House of Commons, and, as a consequence, the drastic use of the closure. Mr. Ronayne was a back-bench member of the Irish Party, of unobtrusive manners but of settled opinions. He was profoundly dissatisfied with the unaggressive tactics of Mr. Isaac Butt, the then leader of the Irish Party.“We will never make any impression on the House,”he said,“until we interfere in English business. At present Englishmen manage their own affairs in their own way, without any interference from us. Then, when we want to get our business through, they stop us. We ought to show them that two can play at this game of obstruction. Let us interfere in English legislation; let us show them that if we are not strong enough to get our own work done, we are strong enough to prevent them from getting theirs.”159Mr. Ronayne found in Mr. Joseph Gillis Biggar an apt pupil. Mr. Biggar used to say:“The English stop our Bills. Why don't we stop their Bills? That's the thing to do. No Irish Bills; but stop English Bills. No legislation; that's the policy, sir, that's the policy. Butt's a fool, too gentlemanly; we're all too gentlemanly.”Mr. Biggar's oratory is happily now only a tradition. It was not good oratory of any kind, but it effected its purpose. More skilful exponents of the art of obstruction have appeared since Mr. Biggar's day, but none more successful. The expedient may have been justifiable in the case of a small minority struggling unavailingly against an overwhelming and indifferent majority. It is quite true that during the mild reign of Mr. Butt the British political parties treated legislative proposals emanating from the Irish Parliamentary Party with scant courtesy. It is equally true that obstruction in the House of Commons proved a potent incentive to the more careful consideration[pg 377]of Irish claims. We have travelled far since those days, but obstruction remains as one of the most formidable weapons in the armoury of an opposition. The British political parties have, when in opposition, made full use of a device that Mr. Butt regarded as“undignified, useless, and mischievous.”And not only is obstruction with us, but its hateful if necessary corollary, the closure, has tended every year to become more oppressive. The parliamentary historian of the future will note that it was on June 10th, 1887, that“closure by guillotine,”that monstrous variant of an accursed type, was first proposed in the House of Commons. A few days later the guillotine fell on several of the most important clauses of a new Crimes Bill. So closely associated with Ireland are the most recent and most detrimental changes in the procedure that governs the debates in our Imperial Parliament!Obstruction or no obstruction, closure by guillotine or by compartments has come to stay as long as our Parliament attempts the otherwise impossible task of legislating for several provinces, and an empire at the same time. Nowadays almost every great Bill is subjected sooner or later to the guillotine. Let us see what this means. A debate in Committee, let us say, has been in progress for some days or weeks. Discussion has been free, and only occasionally, perhaps, has the ordinary form of closure been exercised. A bare half dozen clauses have been disposed of. There remain four or five score more clauses and a motley group of schedules. It becomes obvious that unless something is done to speed up the machinery, the Bill will never get through the House. Then it is that the leader of the House braces himself to his most unwelcome task, and, rising in his place, proposes a rigid time-table for the discussion of the remaining[pg 378]clauses and schedules. A certain number of days are allotted, and to each portion of time is allotted a section of the Bill. Thus, a whole Parliamentary day may be allotted to three clauses. The whole of this day, perhaps, is spent in debating the first line of the first of the three clauses. However this may be, the guillotine falls with remorseless severity at the end of the allotted day, and only Government amendments to the undiscussed parts of the three clauses are taken. Could anything be more clumsy? Was it possible for the ingenuity of man to invent a less businesslike remedy for the congestion of business in Parliament? Indeed, the absurdity of the system is universally acknowledged. I know of no more distressing spectacle than that of the leader of the House of Commons exerting himself to excuse a policy that he, in common with all who reverence the House of Commons, holds in detestation. On such occasions as this, the arguments advanced for what is confessedly a rude invasion of the rights of free speech are of a set pattern. It is urged that the debate has now been in progress for so many days or weeks, and that little advance has been made. Regret is expressed that resort should be had to such an unpopular device as the guillotine. But by what other means, it is asked, is a Government to carry controversial measures? After all, the time-table proposed is a generous one, having regard to all the circumstances of the case, and is certainly more generous than that allowed by the party opposite on such and such an occasion in the past. The leader of the Opposition, in rising, lays his hand on his heart and calls the House to witness that if on former occasions he has made use of the guillotine, he has done so far less frequently than the head of the present administration, and with an entire[pg 379]absence of the levity that marks the present proceedings. The guillotine resolution is carried. There are ineffectual ebullitions of wrath on the opposition side of the House, and there are sinking hearts on the Ministerial Benches. On every such occasion it is felt in all parts of the House that a deadly blow has been aimed at the dignity and the prestige of Parliament.But the House of Commons is meant to be a deliberative assembly! It holds still the highest place among the democratic assemblies of the world, and its rules and forms and customs have been adopted with unquestioning veneration, wherever democratic communities have set up legislating for themselves. In point ofpersonnel, recent Parliaments have shown no falling off from the standards of other days. In manners, in public spirit, in devotion to parliamentary duty, and in the range of their knowledge and experience, the members of the present Parliament compare most favourably with their predecessors in any Parliament in our history. If they are gagged and closured and guillotined, it is not because their speeches would be unworthy of the place or of the occasion. The simple reason is that there is no time for them. The mother of Parliaments is trying to do the work of four or five Parliaments, and is signally failing in the attempt.Let this be noted. Though the outcry against the guillotine closure, whenever it is proposed to be exercised, is loudest on the opposition side of the House, the guillotine operates just as much to the disadvantage of private members on the Government side. They are expected to support the Government Bill in broad outline, but they are under no obligation to support it in every detail. They entertain, and are entitled to entertain, their own views as to points of detail,[pg 380]and are no more willing than members opposite that their pet amendments should be sacrificed arbitrarily at the end of an allotted day. Indeed, since they are,ex hypothesi, devoted to the main principles of the Bill, they are likely to be even more solicitous than members of the Opposition that the Bill should be as perfect in detail as in its general scope. Little wonder that under the operation of the guillotine, private Ministerial members tend more and more to become passive and, in the long run, indifferent spectators of the drama that is enacted on the floor of the House when a great Bill is going through, and it is in this respect and not in any other, I think, that modern Parliaments are inferior to others.There are other aspects of the question that might be dwelt on at some length, if this were the proper occasion. Since it is recognised in all parts of the House that a great measure is not and cannot be adequately discussed under the guillotine closure, a dangerous practice has grown up of leaving difficult matters to be decided by Government departments or by new authorities set up under the Act. Under the National Insurance Act, for instance, the Commissioners are invested for certain purposes with all the legislative prerogatives of the three estates of the realm! I must leave that matter to the constitutional authorities. I am concerned for the moment merely to show that the guillotine closure is a clumsy, unbusinesslike, and dangerous expedient that cannot be regarded as having solved in any satisfactory degree the eternal problem of congestion in a Parliament that attempts to cope at the same time with the local affairs of three or four provinces, and with the affairs of an empire.Relief might doubtless be found in the more frequent[pg 381]use of what is known as the“kangaroo”closure. This method of dealing with business in Committee was first regularized in 1908. Under this system, power is given to the Chairman to select such Amendments as he believes to be really important, to the exclusion of others. The burden of responsibility thus thrown on the Chair is felt to be enormous, and it is chiefly on this account that the kangaroo closure has been very sparingly exercised.I say that the setting up of four Standing Committees, and the institution of the guillotine closure have so far failed to relieve appreciably the pressure of business in the House of Commons. Another method has been tried that might reasonably have been expected to produce more fruitful results. I refer to the prolongation of the session of Parliament. In 1906 we had an autumn sitting. In 1907 we sat until August 28th. In 1908 we had an autumn sitting. In 1909 we sat for practically the whole year. The session of 1910 was agreeably diversified by a strenuously contested General Election at either end of it. In 1911 we had yet another autumn sitting, and this year we are threatened with a continuous session extending from February until Christmas time. True enough, a good part of the work of these sessions was wasted by the action of a House of Lords which has since lost some of its powers for obstructive mischief, but it will be observed that of the first class measures destroyed by the Lords, only two—the Education Bill (in a different form), and the Scotch Small Holders Bill—have subsequently made considerable demands on the attention of the House of Commons. The time gained by extending the sittings of these several Parliaments has been chiefly wanted for new legislation. Even if the House of Lords had found it convenient to[pg 382]pass the Liberal measures which it rejected, the pressure of business in the House of Commons must have necessitated the resort to autumn sittings in two or three of the years under consideration. Now, it is a commonplace that autumn sittings are permissible only in very exceptional circumstances. From the point of view of all Members of Parliament, autumn sittings are an unqualified disadvantage. Members, like other folk, want their holidays, and, unlike other folk, have constituencies to look after. Ministers of the Crown who are members of the House of Commons stand in even greater need of holidays than private members, and are not less under obligation to cultivate their constituencies. In addition, they need leisure for the preparation of the great Government measures that are to figure in the King's Speech, Departmental Bills for the ensuing session, and generally for the overhauling of the work of their departments. It is astonishing that the work of the great administrative departments should have been done so well in recent years when regard is had to the extreme pressure under which Ministers have been working. If Sir H. Campbell-Bannerman and Mr. Asquith had not had at their command an abundance of administrative talent of a high quality, there must have been during the last six years many cases of failure in the management of the important Parliamentary Offices of State. One of the chief functions of a Parliamentary Minister in charge of a department is the infusion of new ideas, the re-assembling and adaptation of old machinery, the bringing up to date of an organisation that may have served its purpose well in the past but is no longer adequate to the enlarged requirements of modern times. For such work as this there must be time for cool deliberation. It is scarcely possible for the most[pg 383]capable Minister to devise schemes of administrative reform amidst the excited rumours of the lobbies and the innumerable distractions of life in the House of Commons. Less responsible members of the House of Commons than Ministers find that it is well-nigh impossible to think clearly during the session of Parliament.Other methods have been proposed for saving time in an overburdened House of Commons. There is the proposal that measures that have reached a certain incomplete stage in one session should be revived at the same stage in the next session of the same Parliament. A Select Committee of unusual authority discussed this matter in 1890. Among the members of the Committee were Mr. Gladstone, Mr. Balfour, Mr. Chamberlain, Mr. John Morley, Mr. Goschen, Sir William Harcourt, the Marquis of Hartington, Mr. Dillon, Sir Edward Clarke, Mr. T. W. Russell, Mr. Labouchere, and Mr. Sexton. Proposals for abridging the procedure on partly considered Bills had been mooted in 1848, in 1861, and again in 1869, but the objects in view of the earlier Committees entirely differed from those of the Committee of 1890. The proposal emanated from the House of Lords, and the original design was to give the Upper House power to hang up Bills coming from the House of Commons. The Lords complained, as they have often complained since, that Bills were sent up to them at a period of the session too late to admit of the exercise of the Lords' rights of revision and amendment. They urged, too, and with some force, that Bills were frequently sent up to them which had not been adequately discussed in the lower House. They desired, therefore, to possess themselves of the power to hold over such Bills to another session. Needless to say, such a proposal as this excited fierce[pg 384]opposition in the House of Commons, and the deliberations of 1848, 1861, and 1869 came to nothing. The Committee of 1890 set out with wholly different intentions. Its object was merely to obviate reiterated arguments in the House of Commons on the same subjects and to save the time of the House. Thanks in a large measure to Mr. Balfour's advocacy the Committee reported that the carrying over of Bills should become the practice of the House, as it is indeed the practice of almost every Parliament in Europe. A formidable minority, however, led by Mr. Gladstone, reported against the proposal, and nothing has yet been done to give effect to the wishes of the majority. To this day the“massacre of the innocents”is a melancholy feature of our proceedings at the end of a session. I doubt myself whether“carrying over”will ever be adopted as a part of the established and regular practice of the House of Commons. Ministers look with cold disfavour on the proposal. They are generally suspicious of private members' little Bills, and private members themselves are not ordinarily enthusiastic about the legislative bantlings of other private members.One other remedy has been suggested for hastening the dispatch of business in the House of Commons—the limitation of speeches. For every member who made speeches in the House of Commons half a century ago fifty make speeches now. It is not, I think, that we are more loquacious than our ancestors or more greedy of the ready publicity that is accorded to any sort of speech in Parliament. Many interests are now represented in Parliament that were not directly represented at all in the earlier days, and the problems of a more numerous population and of a more complex civilisation make corresponding demands on the time[pg 385]of the House of Commons. The serious man who represents these great new interests in the House of Commons never consciously squanders the time of the House in unnecessary speech. No doubt the prevailing fashion of oratory is marked by diffuseness and lack of discipline, but it is to the comparatively modern scandal of deliberate obstruction by speech that we owe the guillotine and all its attendant evils. From time to time there has been earnest debate as to whether a time limit to speeches should be fixed. That any such policy is difficult of achievement is proved by the fact that even the existing Standing Order against irrelevance and tedious repetition has fallen into almost complete abeyance.What is the ultimate remedy for the congestion of business in the House of Commons? Who can doubt that it is the delegation of provincial business to provincial assemblies? There has been, I say, no lack of expedients. The setting up of four Grand Committees, the institution of the guillotine as a regular feature of House of Commons procedure in regard to every first-class measure, the frequent resort to autumn sittings—these methods have been tried and found wanting. Little prospect of relief is afforded by any projected limitation of speeches or by the carrying over of Bills. Meanwhile, as we have seen, the legitimate claims on the attention of Parliament grow with the needs of a growing population and of an expanding empire. In part it is the problem of new wine in old bottles. Our Parliament was not constructed for its present purposes. Originally it was the legislature for England alone. The provincial affairs of Scotland were first imposed on it, and then those of Ireland. Concurrently, the management of an empire, as varied in its legislative and administrative requirements[pg 386]as the various climates it enjoys, has been added to our responsibilities. You may if you like regard our present House of Commons as an Imperial Legislature stooping from time to time to the consideration of provincial business, or as a provincial Parliament rising in its moments of inspiration to the discharge of high Imperial duties. The same Parliament that has to decide to-day some small matter of purely local Irish or Scottish concern must settle a national strike to-morrow, approve the naval strategy of the Empire, or frame the constitution for a people. To the executive that is responsible to the same Parliament are entrusted all the tremendous issues of peace and war. It is a supreme testimony to the genius of the British peoples for government that we have voyaged so far without shipwreck everywhere except in the region of Irish affairs.By all admissions we have made a mess of Ireland. With singular and unwonted perverseness we have refused for more than a hundred years to apply to Ireland the principles of self-government that have justified their application in every province of the Empire that is mainly inhabited by people of our own race. We have risked and we have incurred the disaffection of the Irish themselves; we have imposed on them and on ourselves untold suffering and expense; we have imperilled the whole fabric of our Parliamentary institutions.It is this last aspect of the problem to which earnest consideration is invited in these few pages. The efficiency of Imperial Parliament is a matter of Imperial concern. By no other means than by maintaining Imperial Parliament at the highest pitch of efficiency can we be assured of good government throughout the empire. I do not myself shrink from any of the[pg 387]logical consequences of the line of argument I have adopted. A truly Imperial Parliament representing England, Ireland and Scotland and, it may be, each of the more important Dependencies of the Crown—that is the goal towards which we should press. But the Irish claim, so far as the claims of the United Kingdom are concerned, was first presented, is most urgent, and must first be satisfied. If we could but rid our minds of party bias, Home Rule for Ireland would be universally regarded as the first step forward in the direction of Imperial efficiency. It is unquestionably a condition precedent to the re-establishment of our control over our own legislative machine.[pg 388](II) The Tendency Towards Legislative Disintegration. A Review Of The Statute Book.By H. de R. WalkerThe Act of Union between Great Britain and Ireland was the end of a definite epoch of political concentration. England, Scotland, and Ireland had at last been brought under a single Parliament, with equal and complete legislative authority over the whole of the three Kingdoms. But Union was not accompanied by uniformity, especially in the case of Ireland. Ireland, when joined in a legislative union with Great Britain, was in fact left in possession of separate Administrative, Financial and Judicial institutions. With the separate judicial system I am not further concerned, but at a time when the grant of extended self-government to Ireland is under consideration, I contend that it is of great utility to observe how far Irish Administration and Irish Finance are actually distinct and separate at the present time. Moreover, whatever may have been the intention of the statesmen of the period of the Union, it has also been found to be necessary, owing[pg 389]to the diversity of the institutions, to pass in the Parliament of the United Kingdom, a large number of statutes solely applicable to Ireland. I do not assume that what is now separate should in every case be transferred to the new Irish Authority, nor that what is now done in common should not be so transferred; but I do contend that the existing differentiation should largely guide us in connection with the forthcoming proposals. On the other side, our opponents might of course urge that, as we have already got separate laws and separate administration for Ireland, we obtain under existing arrangements all the diversity that is required, and that we have herein an argument against Home Rule rather than in its favour.We must, therefore, carry the matter a step further. We may say that the separate laws and separate administration, while not conclusive as to the need for Home Rule, will be found to provide a basis for its inception if it can be shown on other grounds to be desirable; but, as it is not my intention to enter upon the general merits or demerits of Home Rule, I pass on to submit the practical consideration that the separate laws and the separate administration for Ireland, as worked in connection with a single Parliament, not only work badly in themselves, but are prejudicial to the orderly development of Parliamentary government. This is my case, and if I can prove it, we should either do away with these separate arrangements or cease to work them in connection with a single Parliament. But it will be easy to prove further that the separate arrangements cannot now be consolidated. There is a continuous tendency to accentuate them in accordance with the requirements of the situation. We shall, therefore, be driven to the conclusion that we must have recourse to a separate Parliament for Ireland in[pg 390]order to be able to work these separate arrangements in a satisfactory manner.In order to substantiate these contentions, I shall discuss the existing position as regards Irish Legislation, at the same time giving some attention to Finance and Administration in their legislative aspects. The uniformity in Anglo-Irish Finances which has been developed during the nineteenth century is still qualified by a certain differentiation. Separate departments of administration involve separate estimates of expenditure; and separate laws may involve separate grants of money.The authors of the Act of Union did not attempt to establish uniformity between Great Britain and Ireland in the matter of either administration or finance, but they followed the precedent of the Union between England and Scotland in the concentration of all legislative powers in a single body, the Parliament of the United Kingdom of Great Britain and Ireland. But Union did not necessarily mean uniformity, and the united Parliament found itself at once compelled to pass separate and different Acts for the several portions of the United Kingdom.In this branch of our subject it will be convenient not to confine our attention to the separate Irish laws, but, since many laws are also passed separately for England and for Scotland, to take a wider view and consider how far Parliament legislates in common for the whole of the United Kingdom, and how far separately for one or more of its component parts. And it follows therefrom that any conclusions that we may form as to the delegation of legislative powers are likely to apply in kind if not in degree to England and Scotland as to Ireland. In the administrative sphere, of course, the position is by no means the[pg 391]same as between the three countries. Scotland has at present no important central department at Edinburgh other than its Local Government Board.It was largely owing to the maintenance under the Union of the separate administration in Ireland, combined with the retention during the first sixteen years of the separate exchequers, that Parliament was obliged to legislate separately for the different portions of the United Kingdom. These were the years of the Napoleonic wars, when very heavy taxation was imposed; and, not only was a separate Act passed, according to the custom of the time, for each article that was to be taxed, but this taxation was, on account of the separate exchequers, imposed by separate Acts for Great Britain and for Ireland. In these circumstances it is not surprising to find that the most numerous Statutes of the first twenty years of the century were those whose application was confined to Great Britain or to Ireland, and that they considerably exceeded in number those which applied to the whole of the United Kingdom or to England alone. After the amalgamation of the exchequers in 1817, the annual average of Statutes applying to Great Britain dropped at once from thirty-five to seven, and gradually decreased still further, since most of the financial measures were passed thenceforward for the whole of the United Kingdom alike. But Ireland, in spite of the financial amalgamation, continued to call for a large amount of separate legislation, and the annual average of Statutes applying solely to Ireland dropped no more than from thirty-one in the decade 1811-20, to nineteen in the following decade, at which point it remained fairly constant during the greatest part of the nineteenth century. Throughout this period, the average annual number[pg 392]of what I call“United Kingdom”Statutes ranged between forty-nine in the decade 1861-70, and thirty-two in 1881-90, and of Statutes that applied solely to England between fifty-eight in 1881-90, and twenty-three in 1801-10. It should be added that the numbers are those of the Public Acts alone, and they would be much higher, particularly in the later years, if the Local and Private Acts were included in the enumeration. But the public Statutes are obviously alone relevant in any enquiry as to the extent to which the Union of the Parliaments has led to legislative uniformity, and it is very significant that, even upon these public matters, Parliament has been unable at any time since the Act of Union, to avoid the necessity for a large amount of separate legislation for Ireland.The figures up to 1890 are taken from Mr. T. A. Spalding's“Federation and Empire,”which contains many interesting particulars, and I have worked out the figures for the two succeeding decades, but not exactly on the same basis. Mr. Spalding includes the Provisional Order Confirmation Acts which were not distinguished from other Public Acts until the middle of last century, but I omit them as not partaking of the character of general legislation, and the number of separate Acts given for England, Scotland and Ireland is considerably reduced by this omission.In my first table, which gives the total, not the annual average, I divide the Public General Acts into two wide categories: those, which I term“United Kingdom”Statutes, that apply to the Dominions, the Colonies, or India, as well as those which apply to the United Kingdom as a whole; and those, which I term“State”Statutes, that apply to England, Scotland or Ireland alone, to any two of these three[pg 393]countries, or, in a very few cases, only to the Channel Islands or the Isle of Man.Public General Acts, 1891-1910.United Kingdom.State.Total.1891-19002953366311901-1910252206458Total5475421,089It will be noticed that there is a curious approximation between the numbers in the two columns, and nearly half the legislative output of Parliament thus takes a form which is at any rate contrary to the spirit of the Act of Union. Excluding financial measures during the few years when the exchequers of Great Britain and Ireland continued to be separate, it would have been anticipated that the legislation under the Union would be uniform, or at least tend to uniformity, and it is very significant that, after more than a hundred years, so much separate legislation should still be required for the several portions of the United Kingdom. But I will postpone any further comments on this situation until I have shown how the“State”Acts are divided up as between the three countries and what are the principal subjects with which they deal.From my classification of the“State”Acts according to countries, I have omitted the twenty-one Acts which apply solely to the Channel Islands and the Isle of Man, one Scottish and Irish Act, and one Welsh Act; and, as to Wales, I may take the opportunity to say that I do not prejudge its claim to separate treatment in any measure of Home Rule all round, but that I shall not specifically mention Wales in this paper,[pg 394]partly in order to avoid the repeated enumeration of the four countries in the place of England, Scotland and Ireland, partly because the claim of the Principality, so far as it may be based on laws and administration that are distinct from those of England, is exceedingly weak. Education, however, is already separately administered, separate Insurance Commissioners have been appointed for Wales, and an important Welsh Intermediate Education Act was passed in 1889, just before the period that is covered by the following table.“State”ACTS, 1891-1910.England.Scotland.Ireland.Great Britain.England and Ireland.Total.1891-1900140747217213241901-1910783757149195Total2181111293130519The above table shows, so far as mere numbers are concerned, how far the pressure upon the Parliament of the United Kingdom would be removed if it were relieved of the responsibility for English, Scottish and Irish legislation, respectively; and, in view of the relative population of the three countries, we cannot be surprised at the conclusion to be drawn from the figures that the main cause of the legislative congestion lies in the fact that the laws relating exclusively to England and those applying to the United Kingdom as a whole, have to be passed by one and the same Parliament. We should, then, seek for some form of delegation which would remove English and Scottish, as well as Irish legislation, from the purview of the existing Parliament; but, in the meanwhile, the figures show[pg 395]that the removal of the Irish business would relieve matters appreciably, and it is probable, without counting the Home Rule Bills, which should not be regarded as exclusively Irish measures, that the Irish legislative proposals take more of the time of the House of Commons than would be represented by the proportion which they bear to the total legislative output.I now pass to the subject-matter of the Acts of Parliament; and I again turn to Mr. Spalding's book. He has made a most interesting analysis of the statutes up to the year 1890, from which it appears that Parliament had been unable to legislate by Acts applying over the whole of the United Kingdom whenever it had had to deal with the administration of justice and the laws relating to any of the following subjects: the tenure and occupation of land; the holding, transfer, and devolution of property (including land); the Church; the poor; local government, rural and urban; roads, railways, and canals; and education.160These are the subjects, that is to say, on which Parliament had been obliged to pass separate laws for the different parts of the United Kingdom, and the study of this centrifugal tendency seemed to me so important that I have continued (on the next page) the analysis for the following twenty years.The first impression derived from this table is that the division between the subjects on which the legislation covers the whole of the United Kingdom, and those on which it has a narrower application, is much the same as during the earlier period. Parliament continues to legislate separately for the“States”in the matters in which it has been its practice so to do, and this in itself is a very significant consideration in view of the strong contrary inducement resulting from[pg 397]the growing congestion of Parliamentary business. Thus, taking the last three headings on the list, we see that in regard to Education, the Poor, and the Church, all the legislation during the twenty years was of a“State”character, while the very numerous Acts relating to Local Administration were in almost every instance equally limited in their application. When we pass to Law and Justice, and to Land and Agriculture, we find that the“State”predominance is not quite so marked, but even so, there were three times as many“State”as“United Kingdom”laws, and we conclude that, though the pressure of Parliamentary business is against it,“State”legislation continues to hold the field over a wide and varied range of legislative activity.Public General Acts.—United Kingdom.161Date.1891-51896-19001901-51906-10TotalImperial.2412131564Army and Navy.1525181472Conditions of Employment.10951034Benefit.652518Finance.37302928124General Administration.40212031112Trade and Commerce.61291845Traffic.4138Law and Justice.16451439Land and Agriculture741820Local Administration341311EducationPoor LawChurchTotal168127106146547States (England, Scotland And Ireland, Separately, And Combinations Of Any Two Of Them).Date.1891-51896-19001901-51906-10TotalImperial.Army and Navy.Conditions of Employment.Benefit.Finance.310417General Administration.7108732Trade and Commerce.9691236Traffic.448Law and Justice.4043931123Land and Agriculture.231172263Local Administration.49552334161Education.910111040Poor Law.4154225Church.3102116Total.15117477119521At the other end of the scale are the subjects on which Parliament is always able to legislate for the whole of the United Kingdom by a single Statute. The Imperial Laws are those which are promoted by the Foreign, Colonial, and India Offices, and concern our relations with Foreign Powers or with some portion of the British Empire. The Army and Navy laws include not only the Naval and Military Works Acts, but any Acts dealing with the Territorial and Reserve Forces. The next two classes may be bracketed together as Labour Laws, but are distinct according as they relate to the conditions of employment of the workers, for instance, in shops, coal mines, or factories, or to the benefits which accrue to them through Workmen's Compensation, Friendly and other Societies, and Old-Age Pensions. In both these cases, also, all the laws apply to the whole of the United Kingdom as do the great majority of the laws in the next two headings of Finance and General Administration. The“State”Acts under Finance are those by which Parliament[pg 398]has made grants towards the local expenditure upon education and towards the relief of the land from local burdens, and has done so separately for the three countries; and the“State”Acts of General Administration deal with the Central Departments which are maintained separately for England, Scotland, and Ireland. The heading of traffic is of dwindling importance, and the enumeration ends with trade and commerce where the“United Kingdom”laws have a slight numerical superiority.I have confined myself here to a few summary remarks upon the different legislative headings as I have discussed the matter in greater detail elsewhere;162nor do I wish to enlarge upon the conclusions that might be drawn from the figures. The South African War is evidently responsible for the greater number of Military Acts in 1896-1900; and the slowing down of the Parliamentary machine during Mr. Balfour's Administration is reflected in the smallness of the total legislative output in 1901-5. Moreover, since the Unionists were in power throughout 1901-5, and the Liberals throughout 1906-10, there is scope for a direct comparison of the records of the two Governments, but such considerations have no bearing upon our present purpose.On the contrary, I hope that the opponents as well as the supporters of Home Rule would agree that, since Home Rule involves a division of legislative powers between the Parliament of the United Kingdom and the Irish Parliament, it is not only pertinent, but necessary, that we should make ourselves acquainted with the lines upon which Parliament has, in practice, divided up its legislative business. For, while the point should not be pressed too far, I would[pg 399]suggest that the separate Irish laws, and, for that matter, the separate English and Scottish laws, constitute a kind of internal devolution, which is all the more significant because Parliament has not been actuated by any preconceived purpose; and that the subjects which are now dealt with by“State”laws are, for that very reason, those of which Parliament should naturally be relieved under any scheme of Home Rule. Similarly, it might be claimed that Parliament should retain those powers which it is now able to exercise in common for the whole of the United Kingdom; but the position is not the same in the two cases. In its anxiety to economise time, Parliament does not hesitate to render its measures applicable to the whole of the United Kingdom by appending to them clauses which regulate separately the application of the provisions to Scotland and Ireland; and where these“application clauses,”as they are called, are long and complicated, it is probable that separate measures for the different parts of the United Kingdom could be adjusted more closely to the local requirements. On the other hand, we may be sure that Parliament would not have passed, for instance, separate Local Government Acts for England, Scotland and Ireland, each of which took up much of its time, unless it had been obliged to do so; and we may assume, whenever such separate Acts are passed, that Parliament had some strong reason for its action, though, of course, I do not imply that Parliament has legislated also for England and Scotland on every subject on which it has passed an Act that related exclusively to Ireland.But it may be said that, while I have sufficiently described these separate laws, I have not explained why they are passed, nor have I given any reason why[pg 400]they must be continued. The separate laws are passed because England, Scotland and Ireland have in many respects distinct and different institutions. In Ireland, for instance, neither the position of the Church, nor the organisation of the police or of the Courts of Justice, nor the law in regard to the tenure of land, nor the system of education or of local government in general, is the same as in England or in Scotland; while Ireland is also subject to an exceptional code of criminal law. And the institutions of England and Scotland differ also very widely from one another.“After a long period of intimate union between England and Scotland,”said Lord Lothian, in 1887, in a speech in the House of Lords upon the proposed enlargement of the powers of the Secretary for Scotland,“people are apt to forget how entirely distinctive and different the administration of Scotland is from that of England. There is almost no point of resemblance. There are different forms of religion and different social forms affecting almost every portion of Scotland. There is a different code of education—an entirely different code of education—and different systems of agriculture. There are also different systems affecting the law of lunacy and parochial laws, and almost every other department.”163And these differences between the three countries, which are the direct cause of the distinctive laws, must surely be regarded as permanent, seeing that they have persisted since the respective Acts of Union. Neither Scotland nor Ireland would willingly surrender its separate judicial and ecclesiastical institutions or its separate machinery of administration. Indeed, the prevailing tendency favours increased differentiation, and it has the support of Unionists as well as of Liberals. The Unionists have[pg 401]recently created new Irish Departments in Dublin, such as the Department of Agriculture and Technical Instruction, and when the Liberals had re-established the office of Secretary for Scotland after a lapse of nearly a century and a half, the Unionists proceeded to add considerably to its powers.We may thus take it as axiomatic that, in the absence of Imperial Federation, or of a proposal such as Home Rule whereby Parliament can be relieved of some of its legislative duties, it must continue to occupy itself with five different categories of laws: Imperial laws, affecting the British Dominions beyond the seas; laws applying to the whole of the United Kingdom; and laws which relate exclusively to England, to Scotland and to Ireland. Moreover, while each legislative sphere has its parallel sphere of administration, the sole and supreme authority, except so far as the Dominions look after their own affairs, is centred, as with the legislative power, in a single body, the Government of the United Kingdom, which holds an absolutely unique position in the extent and variety of its responsibilities. In both these functions, then, we may have serious doubts as to how the system works, but I am unable to give any direct evidence in regard to the Executive. Though it is inherently improbable that a small group of men should be able adequately to supervise so varied a collection of interests, the subject is obviously one in which it is almost impossible to obtain precise information. The Cabinet of 1880-5 was not altogether happy in its multiplex activities, and complaints were rife of the neglect of home affairs during the South African War. Speaking generally, indeed, the Unionists, according to their adversaries, subordinate domestic to Imperial interests, while the critics of the Liberals would say that the[pg 402]Liberals reverse the process. And there we may leave the question, while agreeing, I hope, that Home Rule, or preferably Home Rule all round, would be beneficial so far as it would relieve the pressure upon a Cabinet that can scarcely fail to be overworked. And if there is any doubt as to the Cabinet there can be no doubt that Parliament is overworked to a very grievous extent. Irrespective of the strain upon individual numbers, it is admittedly unequal to the efficient discharge of its manifold functions. It cannot do all that it should do, and much of what it does do, it does without proper discussion. As to the first of these shortcomings, I am glad to be able to quote from an article in theRound Table164for December, 1911, in which, after a detailed comparison of the time that is available to the House of Commons with the demands that are made upon it, the conclusion is reached that“the legislative requirements of the country are too great for the available Parliamentary time.”And, as to the absence of proper discussion, the reader may be referred to the remarks on every occasion when the use of the guillotine closure is proposed, while the final inadequacy of the House of Commons is implicit in the recent admission of the Prime Minister, when proposing the guillotine motion upon the National Insurance Bill, that, without a resort to this method of procedure, the House cannot carry out the duties which it is required by the country and the interests of the Empire to discharge. Moreover, it should be borne in mind that, in trying to get all this diverse work out of a single Parliament, Governments have not only grievously restricted its legislative powers, but have also reduced the opportunities for discussion on administration and finance which are at least equally[pg 403]important functions of any supreme Parliamentary authority.But the agitation in connection with the National Insurance Act will keep public attention sufficiently focussed upon the manner in which Parliament does its legislative work, and I pass from the amount of the work to the consequences arising from its variety. As the Cabinet must supervise both domestic and Imperial affairs, and Parliament must deal separately with these two branches of legislation, so the electorate should not overlook either the Imperial or domestic views of those who seek its suffrages. But an elector may be faced by the difficulty that he likes the Imperial views of one candidate and the domestic views of the other, while the same man must represent him in both of these aspects in the House of Commons. In 1900 the Liberal supporter of the South African War was confronted with this dilemma in an acute form; and, in view of subsequent disputations, it may be taken to have been unfortunate that the party which won the elections of 1900, almost entirely on Imperial considerations, should thereby have been placed also in charge of our domestic concerns. And there was a similar confusion of issues in 1906, when, because a man was a tariff reformer or a free-trader, it did not necessarily follow that, in the former event, he was for, or, in the latter, against, the Conservative policy in regard to the liquor trade or religious instruction in the elementary schools. No small advantage, therefore, would accrue from Home Rule all round in the fact that separate categories of issues would be placed separately before the constituencies.And the electoral confusion is reproduced in the House of Commons; for there can be no doubt that the Liberals suffered under this disability in the Parliament[pg 404]of 1900, and the Conservatives in that of 1906. But, in the case of the Member, the connection with so many diverse interests has also other objectionable consequences. Supposing he sits for an English constituency, his responsibility extends to Scottish and Irish laws and administration, as to which he will know little or nothing, while his constituents will usually be indifferent as to what he may do. Illustrating this matter from my own experience as an English county Member, I may say, regarding my votes upon the Scottish Small Landholders and Valuation Bills, and the Irish Evicted Tenants and Land Bills, that not one of these subjects brought me any letter from a constituent, or was the occasion of any reference whatever in the course of any of my political meetings. And, since there is no reason to suppose that other English constituencies would feel or act differently, all these votes of English Members are in reality irresponsible, and they are to be condemned upon the principles of representative Government. For, in spite of the observance of its outward forms, its true spirit is absent wherever there is a failure of the healthy interplay of influences between a Member and his constituents; and here again, Home Rule all round could alone relieve the situation. Through the establishment of separate Parliaments in England, Scotland and Ireland, a Member's work in each of these bodies would be confined, as regards public affairs, to matters by which his constituents were or might be affected and in which there was the normal and proper relation between the electors and those whom they had elected.Moreover, there is a further evil effect arising from the inevitable indifference of constituents to much of the legislation which does not apply to the country[pg 405]in which they live. In view of the divergence of interests and diversity of classes represented in every Parliament, there is probably no legislature in which there is not a tendency to“log-rolling,”by which I mean arrangements among Members to support measures about which they do not care in return for help with measures in which they are particularly concerned. This temptation will be greater when the Parliament is not only overworked, as is the case here, but the struggle is intensified by the rivalry between English, Scottish, and Irish claims upon its attention. In the resultant situation, indeed, arrangements of a“log-rolling”character are likely to be made even upon the wider issues, and the fact should not be overlooked that they are rendered more easy because so many laws are passed separately for England, Scotland, and Ireland. In theory, of course, as Professor Dicey claims, it is the duty of a Member, whencesoever returned, to consult for the interests of the whole nation, and not to safeguard the interests of particular localities or countries; but in practice he cannot do it. The subjects for legislation are so complicated that he cannot make himself acquainted with them as they affect each of the three countries, and the pressure upon Parliament is so tremendous that he is almost bound to try to get for his own country a fair share of such time as is available. It is, therefore, wiser to bow to the inevitable, and enable the English, Scottish, or Irish Member, as the case may be, to look after his own concerns in his own Parliament, untroubled by the presence of others who do not understand his business and will not be called to account by their constituents for what they may do, while leaving the control of all common affairs, as at present, to the Parliament of the United Kingdom.[pg 406]There are, however, valid reasons why Ireland has a pre-eminent claim to priority of treatment. Ireland has been much less successful than England or Scotland in securing that Parliamentary action should be in accordance with the wishes of the majority of its Members in the House of Commons. Where the representatives of three countries together constitute a legislative body, it is probable that each of these countries will at some time or other be under the sway of a majority different from that which would be formed if its own representatives alone decided upon its composition; but it is clear that this fate is less likely to overtake the country which has a great numerical preponderance in the legislature in question. Thus, taking the period since 1885, England, holding 465 of the 670 seats in the House of Commons, was only in this position from 1892-5, for at the two elections in 1910 there was almost a tie in the return of 226 Ministerialists and 239 supporters of the Opposition. And this great preponderance of one of the countries adds to the likelihood that the others may have the majority of their own representatives in a minority of the whole representation. I have not been discussing the separate case of Wales, and so I will only say that, of the 30 Welsh Members, on no occasion in the twenty-seven years have the Unionists been able to muster more than 8; and Scotland has scarcely responded more closely to the swing of the pendulum in England. Though the Unionists were in power for fifteen out of the twenty-seven years, they had a majority in Scotland, and that a very small one, only in the Parliament of 1900. But Scotland on the whole does not come off badly, since it is not the practice of the Members from the other countries to vote down the Scottish representatives. Where Scotland does suffer is in their inability,[pg 407]owing to their numerical weakness, to secure a fair share of attention for Scottish domestic concerns. A law on Scottish Education, for instance, though it got into the Queen's Speech for 1900, was not enacted until 1908, and the Scottish Members never have more than one day in the Session for the discussion of all the Scottish Estimates. When we pass to Ireland, it is difficult to make any similar comparison, for, though the Nationalists sit permanently in opposition in the House of Commons, it does not follow that they should be classed as being opposed to the Liberals as well as to the Unionists. If we regard them as opposed to both of the principal parties, then, when the Liberals have been in power, every Irish Member with one single exception must be reckoned to have been among their opponents. But, if we prefer to base our calculations upon the sort of informal understanding which has existed during most of the time between the Liberals and the Nationalists, we must confine our attention, from the present point of view, to the years of Unionist Government, and we find that, of the 103 Irish representatives, the number of Irish Unionists during those periods has never exceeded 23 and has been as low as 19. Thus, putting the various figures which have been quoted into percentages, it becomes evident that England has had to live under a Liberal Government when the Unionists (in 1892-5) had 58 per cent. of the total English representation; Scotland has had to live under a Unionist Government when the Liberals (in 1886-92) had 60 per cent. of the total Scottish representation; whereas Ireland has had to live under a Unionist Government when the Nationalists had as much as 81 per cent. of the total Irish representation. And it must be borne in mind that, while England and Scotland are only rarely governed in opposition to the wishes[pg 408]of the majority of their representatives, Ireland has continued to be preponderantly Nationalist irrespective of party fluctuations in Great Britain.In these circumstances, Ireland, whether in its Nationalist or its Unionist constituencies, never expresses any other opinion than for or against Home Rule. We regret the confusion at all elections in the United Kingdom between Imperial and domestic issues, but at least we get an idea of the views of the electorate in Great Britain on some big Imperial question, or as between Free Trade and Protection. In Ireland we get nothing of the kind; it is impossible to say, for instance, whether Ireland is in favour of Tariff Reform or not; and the votes of the great majority of its representatives in the House of Commons are usually given, not with reference to the views of their constituents on the question under discussion, but solely in relation to the attainment of Home Rule. Now, this attitude of the Nationalists is evidently adopted because Irish domestic concerns are decided in the House of Commons by men who are not Irish representatives; and it may be remarked that Scotsmen, and even, to some extent, Englishmen, are also liable to have their wishes on purely domestic affairs over-ridden by the representatives of the other countries, but that they do not, on that account, subordinate everything else to the effort to release themselves from this anomaly.But, apart from the consideration, as we have seen above, that the Irish have been the principal sufferers, the Irish electorate are entitled, if this is a free country, to choose the issue which shall be put forward, and we should sympathise with them when they ask to be allowed to manage their domestic affairs without interference, in accordance with the principles of representative government. It is immaterial how[pg 409]far the Irish Nationalists have actually been able to get their own way in the House of Commons, for their efforts have usually been in vain until after a lawless agitation in Ireland, which, as a means of securing redress for grievances, is as demoralising to the legislator as to the elector. And when the law for which the Irish have asked has been passed without any such outside pressure, it is evident that the votes of the majority of the Irish representatives would have been useless unless sufficient English and Scottish Members had been willing to fall in with their wishes. Every Irish Nationalist knows, therefore, that a majority of the Irish representatives is by itself utterly unable to carry a purely Irish measure through the House of Commons, however often it may have been advocated, and however large may have been the Irish majorities in its favour; and representative government cannot fail to be brought into disrepute in Ireland, on account of its futility under existing conditions. Moreover, if representative institutions are to work well, there should be, so far as is possible, in every constituency supporters and opponents of the Government on the current questions of the day, for it is only by constant discussion and interaction that we can secure a sound relation between Parliament and the country. But nothing of the kind takes place in Ireland. Through their dissociation from the division into parties that prevails in Great Britain, the bulk of the Irish people are not informed as to the views on topics other than Home Rule of the Liberals, Unionists, or Labour men. In the greater part of Ireland, the Nationalist candidate is returned unopposed or is opposed only by another Nationalist; and when this is so, the party in power, whether it be Unionist or Liberal, is usually without any machinery by which its case is put before[pg 410]the electorate. Elsewhere, in Ireland, the Unionists have their organisation against Home Rule, and so far the Liberals are even in a worse position, for, though they have had the supreme control of affairs for the last six years, there are not half a dozen constituencies in Ireland where they have any means by which they can learn the views of the people or explain the policy of the Government. And yet Ireland, like the rest of the United Kingdom, is supposed to live under representative institutions! No doubt I may be reminded that the Nationalist Members are in touch with local opinion in Ireland, and that they are the informal allies of the Liberals; but the Nationalist attitude is concerned with little else but Home Rule, and it is just because, in existing circumstances, the Irish do not declare themselves, or perhaps even form an opinion, on ordinary political issues, that our representative system has broken down so much more severely in Ireland than in England or in Scotland.And thus I conclude my survey of the practical working of the Act of Union. I have shown that the domestic affairs of the three countries are, in continuance of what was done before the Union of the Parliaments, or as the result of subsequent developments, ordered in many respects separately for England, Scotland, and Ireland, and that there is no question in any quarter of the elimination of these separate arrangements. But they have led, as has been further demonstrated, to many difficulties in connection with our system of Parliamentary government, and it is only by the sub-division of the responsibilities between two or more Parliaments that such difficulties can satisfactorily be overcome. We have, therefore, valid grounds for the advocacy of Home Rule, apart from the particular claims of Ireland,[pg 411]though they, of course, serve to strengthen the argument; and, in considering what form the proposals should take, we cannot do better than study carefully how far England, Scotland, and Ireland are now governed in common and how far each of the three countries is governed separately. For the subjects in which there is now separate treatment are those which would be transferred under Home Rule with the smallest breach of continuity, or rather, in the natural course of our constitutional evolution.[pg 412]
XV.—The Imperial Parliament(I) The State Of Parliamentary Business.By Cecil Harmsworth, M.P.There is one argument for conferring self-government on the people of Ireland that appeals with irresistible force to many ordinary members of Imperial Parliament. This is the urgent necessity for relieving Imperial Parliament of“provincial”business and setting it free to devote its best energies to the ever-increasing legislative and administrative needs of the empire.Every year the amount of business that falls to be transacted in the House of Commons grows in volume. Every year fresh proofs are afforded that the legislative machinery of the House of Commons is not only unequal to the strain imposed by the growing volume of business, but that it is incapable even of dealing effectively with the affairs that have always been regarded as coming within its special province. For instance, the House of Commons has practically lost all control over the details of finance. It is true that a fairly generous allowance of Parliamentary time is allotted to the Estimates, but the House rarely, if ever, comes to close grips with the nation's balance sheet, or indeed with the details of any particular vote. Yet a vigilant supervision over finance is one of the primary functions of the House of Commons.[pg 374]How far the recently established Select Committee on Estimates will be able to assist in promoting national economy remains to be seen. The creation of such a body has not met with universal approval in the House itself. As in the case of all parliamentary Committees, no matter how influential theirpersonnel, the House as a whole may not be found willing to accept the decisions of the new Select Committee as authoritative.In the sphere of Bill legislation, the condition of things is even worse. Notwithstanding the desperate shifts which have been resorted to in recent years to secure the dispatch of business, we are confronted in every succeeding session with greater congestion in the House of Commons. Big Bills are hustled through with the aid of every undesirable expedient known to parliamentary procedure, and little Bills in pathetic shoals are massacred at the end of each session. The plain fact is that we have not sufficient time in which to do anything properly. No matter what strain we impose on the physical endurance of Members, no matter how far we invade the undoubted privileges of the House of Commons as a deliberative assembly, Parliament is less and less able to fulfil its manifold duties as the paramount legislature in a world-wide state. The damage to local interests is scarcely less serious. Irish finance, for instance, and Irish legislation suffer from the disability of Imperial Parliament to give them due consideration.Let it not be supposed that the House of Commons is unconscious of its own demerits as a legislative machine. It is nearly sixty years since Sir John Pakington's Committee was appointed to consider“whether by any alteration in the forms and proceedings of this House, the dispatch of public business would be more effectually promoted.”Committees with[pg 375]similar references were set up in 1861, in 1878, and in 1886. As a result of these inquiries two Standing Committees were established at the instance of Mr. W. H. Smith in 1888. The relegation of measures of the second rank to the two Standing Committees was expected to lighten the legislative burdens of the House of Commons very considerably, and this result was in some measure achieved. But the problem of congestion was so far from being solved that it was thought necessary to appoint yet another Committee (Sir Henry Fowler's) in 1906. This Committee recommended the setting up of four Standing Committees, and it is under this system that we are now working. With considerable diffidence I advance the opinion that an even larger use of Standing Committees might be made than has yet been attempted. Part II. of the National Insurance Bill was sent“upstairs,”and the result amply justified what was regarded by cautious Parliamentarians as a daring experiment. But this part of the Insurance Bill was in a large degree uncontroversial. The House of Commons is jealous, and naturally jealous, of its rights over controversial measures of the first class, and has never yet shown any readiness to accept as conclusive the decisions of Standing Committees. Nor should it be forgotten that attendance on a Standing Committee imposes a severe strain on members who are also keenly interested in the business of the House itself. By the time Mr. Speaker takes the chair at a quarter to three o'clock, the members of such Committees have often completed a very fair day's work.Meanwhile, other and more questionable expedients for facilitating the dispatch of business were coming into general use. It is to Mr. Joseph Ronayne, a member of the Irish Parliamentary Party in the 'seventies[pg 376]of last century, that we owe the policy of organised and scientific obstruction in the House of Commons, and, as a consequence, the drastic use of the closure. Mr. Ronayne was a back-bench member of the Irish Party, of unobtrusive manners but of settled opinions. He was profoundly dissatisfied with the unaggressive tactics of Mr. Isaac Butt, the then leader of the Irish Party.“We will never make any impression on the House,”he said,“until we interfere in English business. At present Englishmen manage their own affairs in their own way, without any interference from us. Then, when we want to get our business through, they stop us. We ought to show them that two can play at this game of obstruction. Let us interfere in English legislation; let us show them that if we are not strong enough to get our own work done, we are strong enough to prevent them from getting theirs.”159Mr. Ronayne found in Mr. Joseph Gillis Biggar an apt pupil. Mr. Biggar used to say:“The English stop our Bills. Why don't we stop their Bills? That's the thing to do. No Irish Bills; but stop English Bills. No legislation; that's the policy, sir, that's the policy. Butt's a fool, too gentlemanly; we're all too gentlemanly.”Mr. Biggar's oratory is happily now only a tradition. It was not good oratory of any kind, but it effected its purpose. More skilful exponents of the art of obstruction have appeared since Mr. Biggar's day, but none more successful. The expedient may have been justifiable in the case of a small minority struggling unavailingly against an overwhelming and indifferent majority. It is quite true that during the mild reign of Mr. Butt the British political parties treated legislative proposals emanating from the Irish Parliamentary Party with scant courtesy. It is equally true that obstruction in the House of Commons proved a potent incentive to the more careful consideration[pg 377]of Irish claims. We have travelled far since those days, but obstruction remains as one of the most formidable weapons in the armoury of an opposition. The British political parties have, when in opposition, made full use of a device that Mr. Butt regarded as“undignified, useless, and mischievous.”And not only is obstruction with us, but its hateful if necessary corollary, the closure, has tended every year to become more oppressive. The parliamentary historian of the future will note that it was on June 10th, 1887, that“closure by guillotine,”that monstrous variant of an accursed type, was first proposed in the House of Commons. A few days later the guillotine fell on several of the most important clauses of a new Crimes Bill. So closely associated with Ireland are the most recent and most detrimental changes in the procedure that governs the debates in our Imperial Parliament!Obstruction or no obstruction, closure by guillotine or by compartments has come to stay as long as our Parliament attempts the otherwise impossible task of legislating for several provinces, and an empire at the same time. Nowadays almost every great Bill is subjected sooner or later to the guillotine. Let us see what this means. A debate in Committee, let us say, has been in progress for some days or weeks. Discussion has been free, and only occasionally, perhaps, has the ordinary form of closure been exercised. A bare half dozen clauses have been disposed of. There remain four or five score more clauses and a motley group of schedules. It becomes obvious that unless something is done to speed up the machinery, the Bill will never get through the House. Then it is that the leader of the House braces himself to his most unwelcome task, and, rising in his place, proposes a rigid time-table for the discussion of the remaining[pg 378]clauses and schedules. A certain number of days are allotted, and to each portion of time is allotted a section of the Bill. Thus, a whole Parliamentary day may be allotted to three clauses. The whole of this day, perhaps, is spent in debating the first line of the first of the three clauses. However this may be, the guillotine falls with remorseless severity at the end of the allotted day, and only Government amendments to the undiscussed parts of the three clauses are taken. Could anything be more clumsy? Was it possible for the ingenuity of man to invent a less businesslike remedy for the congestion of business in Parliament? Indeed, the absurdity of the system is universally acknowledged. I know of no more distressing spectacle than that of the leader of the House of Commons exerting himself to excuse a policy that he, in common with all who reverence the House of Commons, holds in detestation. On such occasions as this, the arguments advanced for what is confessedly a rude invasion of the rights of free speech are of a set pattern. It is urged that the debate has now been in progress for so many days or weeks, and that little advance has been made. Regret is expressed that resort should be had to such an unpopular device as the guillotine. But by what other means, it is asked, is a Government to carry controversial measures? After all, the time-table proposed is a generous one, having regard to all the circumstances of the case, and is certainly more generous than that allowed by the party opposite on such and such an occasion in the past. The leader of the Opposition, in rising, lays his hand on his heart and calls the House to witness that if on former occasions he has made use of the guillotine, he has done so far less frequently than the head of the present administration, and with an entire[pg 379]absence of the levity that marks the present proceedings. The guillotine resolution is carried. There are ineffectual ebullitions of wrath on the opposition side of the House, and there are sinking hearts on the Ministerial Benches. On every such occasion it is felt in all parts of the House that a deadly blow has been aimed at the dignity and the prestige of Parliament.But the House of Commons is meant to be a deliberative assembly! It holds still the highest place among the democratic assemblies of the world, and its rules and forms and customs have been adopted with unquestioning veneration, wherever democratic communities have set up legislating for themselves. In point ofpersonnel, recent Parliaments have shown no falling off from the standards of other days. In manners, in public spirit, in devotion to parliamentary duty, and in the range of their knowledge and experience, the members of the present Parliament compare most favourably with their predecessors in any Parliament in our history. If they are gagged and closured and guillotined, it is not because their speeches would be unworthy of the place or of the occasion. The simple reason is that there is no time for them. The mother of Parliaments is trying to do the work of four or five Parliaments, and is signally failing in the attempt.Let this be noted. Though the outcry against the guillotine closure, whenever it is proposed to be exercised, is loudest on the opposition side of the House, the guillotine operates just as much to the disadvantage of private members on the Government side. They are expected to support the Government Bill in broad outline, but they are under no obligation to support it in every detail. They entertain, and are entitled to entertain, their own views as to points of detail,[pg 380]and are no more willing than members opposite that their pet amendments should be sacrificed arbitrarily at the end of an allotted day. Indeed, since they are,ex hypothesi, devoted to the main principles of the Bill, they are likely to be even more solicitous than members of the Opposition that the Bill should be as perfect in detail as in its general scope. Little wonder that under the operation of the guillotine, private Ministerial members tend more and more to become passive and, in the long run, indifferent spectators of the drama that is enacted on the floor of the House when a great Bill is going through, and it is in this respect and not in any other, I think, that modern Parliaments are inferior to others.There are other aspects of the question that might be dwelt on at some length, if this were the proper occasion. Since it is recognised in all parts of the House that a great measure is not and cannot be adequately discussed under the guillotine closure, a dangerous practice has grown up of leaving difficult matters to be decided by Government departments or by new authorities set up under the Act. Under the National Insurance Act, for instance, the Commissioners are invested for certain purposes with all the legislative prerogatives of the three estates of the realm! I must leave that matter to the constitutional authorities. I am concerned for the moment merely to show that the guillotine closure is a clumsy, unbusinesslike, and dangerous expedient that cannot be regarded as having solved in any satisfactory degree the eternal problem of congestion in a Parliament that attempts to cope at the same time with the local affairs of three or four provinces, and with the affairs of an empire.Relief might doubtless be found in the more frequent[pg 381]use of what is known as the“kangaroo”closure. This method of dealing with business in Committee was first regularized in 1908. Under this system, power is given to the Chairman to select such Amendments as he believes to be really important, to the exclusion of others. The burden of responsibility thus thrown on the Chair is felt to be enormous, and it is chiefly on this account that the kangaroo closure has been very sparingly exercised.I say that the setting up of four Standing Committees, and the institution of the guillotine closure have so far failed to relieve appreciably the pressure of business in the House of Commons. Another method has been tried that might reasonably have been expected to produce more fruitful results. I refer to the prolongation of the session of Parliament. In 1906 we had an autumn sitting. In 1907 we sat until August 28th. In 1908 we had an autumn sitting. In 1909 we sat for practically the whole year. The session of 1910 was agreeably diversified by a strenuously contested General Election at either end of it. In 1911 we had yet another autumn sitting, and this year we are threatened with a continuous session extending from February until Christmas time. True enough, a good part of the work of these sessions was wasted by the action of a House of Lords which has since lost some of its powers for obstructive mischief, but it will be observed that of the first class measures destroyed by the Lords, only two—the Education Bill (in a different form), and the Scotch Small Holders Bill—have subsequently made considerable demands on the attention of the House of Commons. The time gained by extending the sittings of these several Parliaments has been chiefly wanted for new legislation. Even if the House of Lords had found it convenient to[pg 382]pass the Liberal measures which it rejected, the pressure of business in the House of Commons must have necessitated the resort to autumn sittings in two or three of the years under consideration. Now, it is a commonplace that autumn sittings are permissible only in very exceptional circumstances. From the point of view of all Members of Parliament, autumn sittings are an unqualified disadvantage. Members, like other folk, want their holidays, and, unlike other folk, have constituencies to look after. Ministers of the Crown who are members of the House of Commons stand in even greater need of holidays than private members, and are not less under obligation to cultivate their constituencies. In addition, they need leisure for the preparation of the great Government measures that are to figure in the King's Speech, Departmental Bills for the ensuing session, and generally for the overhauling of the work of their departments. It is astonishing that the work of the great administrative departments should have been done so well in recent years when regard is had to the extreme pressure under which Ministers have been working. If Sir H. Campbell-Bannerman and Mr. Asquith had not had at their command an abundance of administrative talent of a high quality, there must have been during the last six years many cases of failure in the management of the important Parliamentary Offices of State. One of the chief functions of a Parliamentary Minister in charge of a department is the infusion of new ideas, the re-assembling and adaptation of old machinery, the bringing up to date of an organisation that may have served its purpose well in the past but is no longer adequate to the enlarged requirements of modern times. For such work as this there must be time for cool deliberation. It is scarcely possible for the most[pg 383]capable Minister to devise schemes of administrative reform amidst the excited rumours of the lobbies and the innumerable distractions of life in the House of Commons. Less responsible members of the House of Commons than Ministers find that it is well-nigh impossible to think clearly during the session of Parliament.Other methods have been proposed for saving time in an overburdened House of Commons. There is the proposal that measures that have reached a certain incomplete stage in one session should be revived at the same stage in the next session of the same Parliament. A Select Committee of unusual authority discussed this matter in 1890. Among the members of the Committee were Mr. Gladstone, Mr. Balfour, Mr. Chamberlain, Mr. John Morley, Mr. Goschen, Sir William Harcourt, the Marquis of Hartington, Mr. Dillon, Sir Edward Clarke, Mr. T. W. Russell, Mr. Labouchere, and Mr. Sexton. Proposals for abridging the procedure on partly considered Bills had been mooted in 1848, in 1861, and again in 1869, but the objects in view of the earlier Committees entirely differed from those of the Committee of 1890. The proposal emanated from the House of Lords, and the original design was to give the Upper House power to hang up Bills coming from the House of Commons. The Lords complained, as they have often complained since, that Bills were sent up to them at a period of the session too late to admit of the exercise of the Lords' rights of revision and amendment. They urged, too, and with some force, that Bills were frequently sent up to them which had not been adequately discussed in the lower House. They desired, therefore, to possess themselves of the power to hold over such Bills to another session. Needless to say, such a proposal as this excited fierce[pg 384]opposition in the House of Commons, and the deliberations of 1848, 1861, and 1869 came to nothing. The Committee of 1890 set out with wholly different intentions. Its object was merely to obviate reiterated arguments in the House of Commons on the same subjects and to save the time of the House. Thanks in a large measure to Mr. Balfour's advocacy the Committee reported that the carrying over of Bills should become the practice of the House, as it is indeed the practice of almost every Parliament in Europe. A formidable minority, however, led by Mr. Gladstone, reported against the proposal, and nothing has yet been done to give effect to the wishes of the majority. To this day the“massacre of the innocents”is a melancholy feature of our proceedings at the end of a session. I doubt myself whether“carrying over”will ever be adopted as a part of the established and regular practice of the House of Commons. Ministers look with cold disfavour on the proposal. They are generally suspicious of private members' little Bills, and private members themselves are not ordinarily enthusiastic about the legislative bantlings of other private members.One other remedy has been suggested for hastening the dispatch of business in the House of Commons—the limitation of speeches. For every member who made speeches in the House of Commons half a century ago fifty make speeches now. It is not, I think, that we are more loquacious than our ancestors or more greedy of the ready publicity that is accorded to any sort of speech in Parliament. Many interests are now represented in Parliament that were not directly represented at all in the earlier days, and the problems of a more numerous population and of a more complex civilisation make corresponding demands on the time[pg 385]of the House of Commons. The serious man who represents these great new interests in the House of Commons never consciously squanders the time of the House in unnecessary speech. No doubt the prevailing fashion of oratory is marked by diffuseness and lack of discipline, but it is to the comparatively modern scandal of deliberate obstruction by speech that we owe the guillotine and all its attendant evils. From time to time there has been earnest debate as to whether a time limit to speeches should be fixed. That any such policy is difficult of achievement is proved by the fact that even the existing Standing Order against irrelevance and tedious repetition has fallen into almost complete abeyance.What is the ultimate remedy for the congestion of business in the House of Commons? Who can doubt that it is the delegation of provincial business to provincial assemblies? There has been, I say, no lack of expedients. The setting up of four Grand Committees, the institution of the guillotine as a regular feature of House of Commons procedure in regard to every first-class measure, the frequent resort to autumn sittings—these methods have been tried and found wanting. Little prospect of relief is afforded by any projected limitation of speeches or by the carrying over of Bills. Meanwhile, as we have seen, the legitimate claims on the attention of Parliament grow with the needs of a growing population and of an expanding empire. In part it is the problem of new wine in old bottles. Our Parliament was not constructed for its present purposes. Originally it was the legislature for England alone. The provincial affairs of Scotland were first imposed on it, and then those of Ireland. Concurrently, the management of an empire, as varied in its legislative and administrative requirements[pg 386]as the various climates it enjoys, has been added to our responsibilities. You may if you like regard our present House of Commons as an Imperial Legislature stooping from time to time to the consideration of provincial business, or as a provincial Parliament rising in its moments of inspiration to the discharge of high Imperial duties. The same Parliament that has to decide to-day some small matter of purely local Irish or Scottish concern must settle a national strike to-morrow, approve the naval strategy of the Empire, or frame the constitution for a people. To the executive that is responsible to the same Parliament are entrusted all the tremendous issues of peace and war. It is a supreme testimony to the genius of the British peoples for government that we have voyaged so far without shipwreck everywhere except in the region of Irish affairs.By all admissions we have made a mess of Ireland. With singular and unwonted perverseness we have refused for more than a hundred years to apply to Ireland the principles of self-government that have justified their application in every province of the Empire that is mainly inhabited by people of our own race. We have risked and we have incurred the disaffection of the Irish themselves; we have imposed on them and on ourselves untold suffering and expense; we have imperilled the whole fabric of our Parliamentary institutions.It is this last aspect of the problem to which earnest consideration is invited in these few pages. The efficiency of Imperial Parliament is a matter of Imperial concern. By no other means than by maintaining Imperial Parliament at the highest pitch of efficiency can we be assured of good government throughout the empire. I do not myself shrink from any of the[pg 387]logical consequences of the line of argument I have adopted. A truly Imperial Parliament representing England, Ireland and Scotland and, it may be, each of the more important Dependencies of the Crown—that is the goal towards which we should press. But the Irish claim, so far as the claims of the United Kingdom are concerned, was first presented, is most urgent, and must first be satisfied. If we could but rid our minds of party bias, Home Rule for Ireland would be universally regarded as the first step forward in the direction of Imperial efficiency. It is unquestionably a condition precedent to the re-establishment of our control over our own legislative machine.[pg 388](II) The Tendency Towards Legislative Disintegration. A Review Of The Statute Book.By H. de R. WalkerThe Act of Union between Great Britain and Ireland was the end of a definite epoch of political concentration. England, Scotland, and Ireland had at last been brought under a single Parliament, with equal and complete legislative authority over the whole of the three Kingdoms. But Union was not accompanied by uniformity, especially in the case of Ireland. Ireland, when joined in a legislative union with Great Britain, was in fact left in possession of separate Administrative, Financial and Judicial institutions. With the separate judicial system I am not further concerned, but at a time when the grant of extended self-government to Ireland is under consideration, I contend that it is of great utility to observe how far Irish Administration and Irish Finance are actually distinct and separate at the present time. Moreover, whatever may have been the intention of the statesmen of the period of the Union, it has also been found to be necessary, owing[pg 389]to the diversity of the institutions, to pass in the Parliament of the United Kingdom, a large number of statutes solely applicable to Ireland. I do not assume that what is now separate should in every case be transferred to the new Irish Authority, nor that what is now done in common should not be so transferred; but I do contend that the existing differentiation should largely guide us in connection with the forthcoming proposals. On the other side, our opponents might of course urge that, as we have already got separate laws and separate administration for Ireland, we obtain under existing arrangements all the diversity that is required, and that we have herein an argument against Home Rule rather than in its favour.We must, therefore, carry the matter a step further. We may say that the separate laws and separate administration, while not conclusive as to the need for Home Rule, will be found to provide a basis for its inception if it can be shown on other grounds to be desirable; but, as it is not my intention to enter upon the general merits or demerits of Home Rule, I pass on to submit the practical consideration that the separate laws and the separate administration for Ireland, as worked in connection with a single Parliament, not only work badly in themselves, but are prejudicial to the orderly development of Parliamentary government. This is my case, and if I can prove it, we should either do away with these separate arrangements or cease to work them in connection with a single Parliament. But it will be easy to prove further that the separate arrangements cannot now be consolidated. There is a continuous tendency to accentuate them in accordance with the requirements of the situation. We shall, therefore, be driven to the conclusion that we must have recourse to a separate Parliament for Ireland in[pg 390]order to be able to work these separate arrangements in a satisfactory manner.In order to substantiate these contentions, I shall discuss the existing position as regards Irish Legislation, at the same time giving some attention to Finance and Administration in their legislative aspects. The uniformity in Anglo-Irish Finances which has been developed during the nineteenth century is still qualified by a certain differentiation. Separate departments of administration involve separate estimates of expenditure; and separate laws may involve separate grants of money.The authors of the Act of Union did not attempt to establish uniformity between Great Britain and Ireland in the matter of either administration or finance, but they followed the precedent of the Union between England and Scotland in the concentration of all legislative powers in a single body, the Parliament of the United Kingdom of Great Britain and Ireland. But Union did not necessarily mean uniformity, and the united Parliament found itself at once compelled to pass separate and different Acts for the several portions of the United Kingdom.In this branch of our subject it will be convenient not to confine our attention to the separate Irish laws, but, since many laws are also passed separately for England and for Scotland, to take a wider view and consider how far Parliament legislates in common for the whole of the United Kingdom, and how far separately for one or more of its component parts. And it follows therefrom that any conclusions that we may form as to the delegation of legislative powers are likely to apply in kind if not in degree to England and Scotland as to Ireland. In the administrative sphere, of course, the position is by no means the[pg 391]same as between the three countries. Scotland has at present no important central department at Edinburgh other than its Local Government Board.It was largely owing to the maintenance under the Union of the separate administration in Ireland, combined with the retention during the first sixteen years of the separate exchequers, that Parliament was obliged to legislate separately for the different portions of the United Kingdom. These were the years of the Napoleonic wars, when very heavy taxation was imposed; and, not only was a separate Act passed, according to the custom of the time, for each article that was to be taxed, but this taxation was, on account of the separate exchequers, imposed by separate Acts for Great Britain and for Ireland. In these circumstances it is not surprising to find that the most numerous Statutes of the first twenty years of the century were those whose application was confined to Great Britain or to Ireland, and that they considerably exceeded in number those which applied to the whole of the United Kingdom or to England alone. After the amalgamation of the exchequers in 1817, the annual average of Statutes applying to Great Britain dropped at once from thirty-five to seven, and gradually decreased still further, since most of the financial measures were passed thenceforward for the whole of the United Kingdom alike. But Ireland, in spite of the financial amalgamation, continued to call for a large amount of separate legislation, and the annual average of Statutes applying solely to Ireland dropped no more than from thirty-one in the decade 1811-20, to nineteen in the following decade, at which point it remained fairly constant during the greatest part of the nineteenth century. Throughout this period, the average annual number[pg 392]of what I call“United Kingdom”Statutes ranged between forty-nine in the decade 1861-70, and thirty-two in 1881-90, and of Statutes that applied solely to England between fifty-eight in 1881-90, and twenty-three in 1801-10. It should be added that the numbers are those of the Public Acts alone, and they would be much higher, particularly in the later years, if the Local and Private Acts were included in the enumeration. But the public Statutes are obviously alone relevant in any enquiry as to the extent to which the Union of the Parliaments has led to legislative uniformity, and it is very significant that, even upon these public matters, Parliament has been unable at any time since the Act of Union, to avoid the necessity for a large amount of separate legislation for Ireland.The figures up to 1890 are taken from Mr. T. A. Spalding's“Federation and Empire,”which contains many interesting particulars, and I have worked out the figures for the two succeeding decades, but not exactly on the same basis. Mr. Spalding includes the Provisional Order Confirmation Acts which were not distinguished from other Public Acts until the middle of last century, but I omit them as not partaking of the character of general legislation, and the number of separate Acts given for England, Scotland and Ireland is considerably reduced by this omission.In my first table, which gives the total, not the annual average, I divide the Public General Acts into two wide categories: those, which I term“United Kingdom”Statutes, that apply to the Dominions, the Colonies, or India, as well as those which apply to the United Kingdom as a whole; and those, which I term“State”Statutes, that apply to England, Scotland or Ireland alone, to any two of these three[pg 393]countries, or, in a very few cases, only to the Channel Islands or the Isle of Man.Public General Acts, 1891-1910.United Kingdom.State.Total.1891-19002953366311901-1910252206458Total5475421,089It will be noticed that there is a curious approximation between the numbers in the two columns, and nearly half the legislative output of Parliament thus takes a form which is at any rate contrary to the spirit of the Act of Union. Excluding financial measures during the few years when the exchequers of Great Britain and Ireland continued to be separate, it would have been anticipated that the legislation under the Union would be uniform, or at least tend to uniformity, and it is very significant that, after more than a hundred years, so much separate legislation should still be required for the several portions of the United Kingdom. But I will postpone any further comments on this situation until I have shown how the“State”Acts are divided up as between the three countries and what are the principal subjects with which they deal.From my classification of the“State”Acts according to countries, I have omitted the twenty-one Acts which apply solely to the Channel Islands and the Isle of Man, one Scottish and Irish Act, and one Welsh Act; and, as to Wales, I may take the opportunity to say that I do not prejudge its claim to separate treatment in any measure of Home Rule all round, but that I shall not specifically mention Wales in this paper,[pg 394]partly in order to avoid the repeated enumeration of the four countries in the place of England, Scotland and Ireland, partly because the claim of the Principality, so far as it may be based on laws and administration that are distinct from those of England, is exceedingly weak. Education, however, is already separately administered, separate Insurance Commissioners have been appointed for Wales, and an important Welsh Intermediate Education Act was passed in 1889, just before the period that is covered by the following table.“State”ACTS, 1891-1910.England.Scotland.Ireland.Great Britain.England and Ireland.Total.1891-1900140747217213241901-1910783757149195Total2181111293130519The above table shows, so far as mere numbers are concerned, how far the pressure upon the Parliament of the United Kingdom would be removed if it were relieved of the responsibility for English, Scottish and Irish legislation, respectively; and, in view of the relative population of the three countries, we cannot be surprised at the conclusion to be drawn from the figures that the main cause of the legislative congestion lies in the fact that the laws relating exclusively to England and those applying to the United Kingdom as a whole, have to be passed by one and the same Parliament. We should, then, seek for some form of delegation which would remove English and Scottish, as well as Irish legislation, from the purview of the existing Parliament; but, in the meanwhile, the figures show[pg 395]that the removal of the Irish business would relieve matters appreciably, and it is probable, without counting the Home Rule Bills, which should not be regarded as exclusively Irish measures, that the Irish legislative proposals take more of the time of the House of Commons than would be represented by the proportion which they bear to the total legislative output.I now pass to the subject-matter of the Acts of Parliament; and I again turn to Mr. Spalding's book. He has made a most interesting analysis of the statutes up to the year 1890, from which it appears that Parliament had been unable to legislate by Acts applying over the whole of the United Kingdom whenever it had had to deal with the administration of justice and the laws relating to any of the following subjects: the tenure and occupation of land; the holding, transfer, and devolution of property (including land); the Church; the poor; local government, rural and urban; roads, railways, and canals; and education.160These are the subjects, that is to say, on which Parliament had been obliged to pass separate laws for the different parts of the United Kingdom, and the study of this centrifugal tendency seemed to me so important that I have continued (on the next page) the analysis for the following twenty years.The first impression derived from this table is that the division between the subjects on which the legislation covers the whole of the United Kingdom, and those on which it has a narrower application, is much the same as during the earlier period. Parliament continues to legislate separately for the“States”in the matters in which it has been its practice so to do, and this in itself is a very significant consideration in view of the strong contrary inducement resulting from[pg 397]the growing congestion of Parliamentary business. Thus, taking the last three headings on the list, we see that in regard to Education, the Poor, and the Church, all the legislation during the twenty years was of a“State”character, while the very numerous Acts relating to Local Administration were in almost every instance equally limited in their application. When we pass to Law and Justice, and to Land and Agriculture, we find that the“State”predominance is not quite so marked, but even so, there were three times as many“State”as“United Kingdom”laws, and we conclude that, though the pressure of Parliamentary business is against it,“State”legislation continues to hold the field over a wide and varied range of legislative activity.Public General Acts.—United Kingdom.161Date.1891-51896-19001901-51906-10TotalImperial.2412131564Army and Navy.1525181472Conditions of Employment.10951034Benefit.652518Finance.37302928124General Administration.40212031112Trade and Commerce.61291845Traffic.4138Law and Justice.16451439Land and Agriculture741820Local Administration341311EducationPoor LawChurchTotal168127106146547States (England, Scotland And Ireland, Separately, And Combinations Of Any Two Of Them).Date.1891-51896-19001901-51906-10TotalImperial.Army and Navy.Conditions of Employment.Benefit.Finance.310417General Administration.7108732Trade and Commerce.9691236Traffic.448Law and Justice.4043931123Land and Agriculture.231172263Local Administration.49552334161Education.910111040Poor Law.4154225Church.3102116Total.15117477119521At the other end of the scale are the subjects on which Parliament is always able to legislate for the whole of the United Kingdom by a single Statute. The Imperial Laws are those which are promoted by the Foreign, Colonial, and India Offices, and concern our relations with Foreign Powers or with some portion of the British Empire. The Army and Navy laws include not only the Naval and Military Works Acts, but any Acts dealing with the Territorial and Reserve Forces. The next two classes may be bracketed together as Labour Laws, but are distinct according as they relate to the conditions of employment of the workers, for instance, in shops, coal mines, or factories, or to the benefits which accrue to them through Workmen's Compensation, Friendly and other Societies, and Old-Age Pensions. In both these cases, also, all the laws apply to the whole of the United Kingdom as do the great majority of the laws in the next two headings of Finance and General Administration. The“State”Acts under Finance are those by which Parliament[pg 398]has made grants towards the local expenditure upon education and towards the relief of the land from local burdens, and has done so separately for the three countries; and the“State”Acts of General Administration deal with the Central Departments which are maintained separately for England, Scotland, and Ireland. The heading of traffic is of dwindling importance, and the enumeration ends with trade and commerce where the“United Kingdom”laws have a slight numerical superiority.I have confined myself here to a few summary remarks upon the different legislative headings as I have discussed the matter in greater detail elsewhere;162nor do I wish to enlarge upon the conclusions that might be drawn from the figures. The South African War is evidently responsible for the greater number of Military Acts in 1896-1900; and the slowing down of the Parliamentary machine during Mr. Balfour's Administration is reflected in the smallness of the total legislative output in 1901-5. Moreover, since the Unionists were in power throughout 1901-5, and the Liberals throughout 1906-10, there is scope for a direct comparison of the records of the two Governments, but such considerations have no bearing upon our present purpose.On the contrary, I hope that the opponents as well as the supporters of Home Rule would agree that, since Home Rule involves a division of legislative powers between the Parliament of the United Kingdom and the Irish Parliament, it is not only pertinent, but necessary, that we should make ourselves acquainted with the lines upon which Parliament has, in practice, divided up its legislative business. For, while the point should not be pressed too far, I would[pg 399]suggest that the separate Irish laws, and, for that matter, the separate English and Scottish laws, constitute a kind of internal devolution, which is all the more significant because Parliament has not been actuated by any preconceived purpose; and that the subjects which are now dealt with by“State”laws are, for that very reason, those of which Parliament should naturally be relieved under any scheme of Home Rule. Similarly, it might be claimed that Parliament should retain those powers which it is now able to exercise in common for the whole of the United Kingdom; but the position is not the same in the two cases. In its anxiety to economise time, Parliament does not hesitate to render its measures applicable to the whole of the United Kingdom by appending to them clauses which regulate separately the application of the provisions to Scotland and Ireland; and where these“application clauses,”as they are called, are long and complicated, it is probable that separate measures for the different parts of the United Kingdom could be adjusted more closely to the local requirements. On the other hand, we may be sure that Parliament would not have passed, for instance, separate Local Government Acts for England, Scotland and Ireland, each of which took up much of its time, unless it had been obliged to do so; and we may assume, whenever such separate Acts are passed, that Parliament had some strong reason for its action, though, of course, I do not imply that Parliament has legislated also for England and Scotland on every subject on which it has passed an Act that related exclusively to Ireland.But it may be said that, while I have sufficiently described these separate laws, I have not explained why they are passed, nor have I given any reason why[pg 400]they must be continued. The separate laws are passed because England, Scotland and Ireland have in many respects distinct and different institutions. In Ireland, for instance, neither the position of the Church, nor the organisation of the police or of the Courts of Justice, nor the law in regard to the tenure of land, nor the system of education or of local government in general, is the same as in England or in Scotland; while Ireland is also subject to an exceptional code of criminal law. And the institutions of England and Scotland differ also very widely from one another.“After a long period of intimate union between England and Scotland,”said Lord Lothian, in 1887, in a speech in the House of Lords upon the proposed enlargement of the powers of the Secretary for Scotland,“people are apt to forget how entirely distinctive and different the administration of Scotland is from that of England. There is almost no point of resemblance. There are different forms of religion and different social forms affecting almost every portion of Scotland. There is a different code of education—an entirely different code of education—and different systems of agriculture. There are also different systems affecting the law of lunacy and parochial laws, and almost every other department.”163And these differences between the three countries, which are the direct cause of the distinctive laws, must surely be regarded as permanent, seeing that they have persisted since the respective Acts of Union. Neither Scotland nor Ireland would willingly surrender its separate judicial and ecclesiastical institutions or its separate machinery of administration. Indeed, the prevailing tendency favours increased differentiation, and it has the support of Unionists as well as of Liberals. The Unionists have[pg 401]recently created new Irish Departments in Dublin, such as the Department of Agriculture and Technical Instruction, and when the Liberals had re-established the office of Secretary for Scotland after a lapse of nearly a century and a half, the Unionists proceeded to add considerably to its powers.We may thus take it as axiomatic that, in the absence of Imperial Federation, or of a proposal such as Home Rule whereby Parliament can be relieved of some of its legislative duties, it must continue to occupy itself with five different categories of laws: Imperial laws, affecting the British Dominions beyond the seas; laws applying to the whole of the United Kingdom; and laws which relate exclusively to England, to Scotland and to Ireland. Moreover, while each legislative sphere has its parallel sphere of administration, the sole and supreme authority, except so far as the Dominions look after their own affairs, is centred, as with the legislative power, in a single body, the Government of the United Kingdom, which holds an absolutely unique position in the extent and variety of its responsibilities. In both these functions, then, we may have serious doubts as to how the system works, but I am unable to give any direct evidence in regard to the Executive. Though it is inherently improbable that a small group of men should be able adequately to supervise so varied a collection of interests, the subject is obviously one in which it is almost impossible to obtain precise information. The Cabinet of 1880-5 was not altogether happy in its multiplex activities, and complaints were rife of the neglect of home affairs during the South African War. Speaking generally, indeed, the Unionists, according to their adversaries, subordinate domestic to Imperial interests, while the critics of the Liberals would say that the[pg 402]Liberals reverse the process. And there we may leave the question, while agreeing, I hope, that Home Rule, or preferably Home Rule all round, would be beneficial so far as it would relieve the pressure upon a Cabinet that can scarcely fail to be overworked. And if there is any doubt as to the Cabinet there can be no doubt that Parliament is overworked to a very grievous extent. Irrespective of the strain upon individual numbers, it is admittedly unequal to the efficient discharge of its manifold functions. It cannot do all that it should do, and much of what it does do, it does without proper discussion. As to the first of these shortcomings, I am glad to be able to quote from an article in theRound Table164for December, 1911, in which, after a detailed comparison of the time that is available to the House of Commons with the demands that are made upon it, the conclusion is reached that“the legislative requirements of the country are too great for the available Parliamentary time.”And, as to the absence of proper discussion, the reader may be referred to the remarks on every occasion when the use of the guillotine closure is proposed, while the final inadequacy of the House of Commons is implicit in the recent admission of the Prime Minister, when proposing the guillotine motion upon the National Insurance Bill, that, without a resort to this method of procedure, the House cannot carry out the duties which it is required by the country and the interests of the Empire to discharge. Moreover, it should be borne in mind that, in trying to get all this diverse work out of a single Parliament, Governments have not only grievously restricted its legislative powers, but have also reduced the opportunities for discussion on administration and finance which are at least equally[pg 403]important functions of any supreme Parliamentary authority.But the agitation in connection with the National Insurance Act will keep public attention sufficiently focussed upon the manner in which Parliament does its legislative work, and I pass from the amount of the work to the consequences arising from its variety. As the Cabinet must supervise both domestic and Imperial affairs, and Parliament must deal separately with these two branches of legislation, so the electorate should not overlook either the Imperial or domestic views of those who seek its suffrages. But an elector may be faced by the difficulty that he likes the Imperial views of one candidate and the domestic views of the other, while the same man must represent him in both of these aspects in the House of Commons. In 1900 the Liberal supporter of the South African War was confronted with this dilemma in an acute form; and, in view of subsequent disputations, it may be taken to have been unfortunate that the party which won the elections of 1900, almost entirely on Imperial considerations, should thereby have been placed also in charge of our domestic concerns. And there was a similar confusion of issues in 1906, when, because a man was a tariff reformer or a free-trader, it did not necessarily follow that, in the former event, he was for, or, in the latter, against, the Conservative policy in regard to the liquor trade or religious instruction in the elementary schools. No small advantage, therefore, would accrue from Home Rule all round in the fact that separate categories of issues would be placed separately before the constituencies.And the electoral confusion is reproduced in the House of Commons; for there can be no doubt that the Liberals suffered under this disability in the Parliament[pg 404]of 1900, and the Conservatives in that of 1906. But, in the case of the Member, the connection with so many diverse interests has also other objectionable consequences. Supposing he sits for an English constituency, his responsibility extends to Scottish and Irish laws and administration, as to which he will know little or nothing, while his constituents will usually be indifferent as to what he may do. Illustrating this matter from my own experience as an English county Member, I may say, regarding my votes upon the Scottish Small Landholders and Valuation Bills, and the Irish Evicted Tenants and Land Bills, that not one of these subjects brought me any letter from a constituent, or was the occasion of any reference whatever in the course of any of my political meetings. And, since there is no reason to suppose that other English constituencies would feel or act differently, all these votes of English Members are in reality irresponsible, and they are to be condemned upon the principles of representative Government. For, in spite of the observance of its outward forms, its true spirit is absent wherever there is a failure of the healthy interplay of influences between a Member and his constituents; and here again, Home Rule all round could alone relieve the situation. Through the establishment of separate Parliaments in England, Scotland and Ireland, a Member's work in each of these bodies would be confined, as regards public affairs, to matters by which his constituents were or might be affected and in which there was the normal and proper relation between the electors and those whom they had elected.Moreover, there is a further evil effect arising from the inevitable indifference of constituents to much of the legislation which does not apply to the country[pg 405]in which they live. In view of the divergence of interests and diversity of classes represented in every Parliament, there is probably no legislature in which there is not a tendency to“log-rolling,”by which I mean arrangements among Members to support measures about which they do not care in return for help with measures in which they are particularly concerned. This temptation will be greater when the Parliament is not only overworked, as is the case here, but the struggle is intensified by the rivalry between English, Scottish, and Irish claims upon its attention. In the resultant situation, indeed, arrangements of a“log-rolling”character are likely to be made even upon the wider issues, and the fact should not be overlooked that they are rendered more easy because so many laws are passed separately for England, Scotland, and Ireland. In theory, of course, as Professor Dicey claims, it is the duty of a Member, whencesoever returned, to consult for the interests of the whole nation, and not to safeguard the interests of particular localities or countries; but in practice he cannot do it. The subjects for legislation are so complicated that he cannot make himself acquainted with them as they affect each of the three countries, and the pressure upon Parliament is so tremendous that he is almost bound to try to get for his own country a fair share of such time as is available. It is, therefore, wiser to bow to the inevitable, and enable the English, Scottish, or Irish Member, as the case may be, to look after his own concerns in his own Parliament, untroubled by the presence of others who do not understand his business and will not be called to account by their constituents for what they may do, while leaving the control of all common affairs, as at present, to the Parliament of the United Kingdom.[pg 406]There are, however, valid reasons why Ireland has a pre-eminent claim to priority of treatment. Ireland has been much less successful than England or Scotland in securing that Parliamentary action should be in accordance with the wishes of the majority of its Members in the House of Commons. Where the representatives of three countries together constitute a legislative body, it is probable that each of these countries will at some time or other be under the sway of a majority different from that which would be formed if its own representatives alone decided upon its composition; but it is clear that this fate is less likely to overtake the country which has a great numerical preponderance in the legislature in question. Thus, taking the period since 1885, England, holding 465 of the 670 seats in the House of Commons, was only in this position from 1892-5, for at the two elections in 1910 there was almost a tie in the return of 226 Ministerialists and 239 supporters of the Opposition. And this great preponderance of one of the countries adds to the likelihood that the others may have the majority of their own representatives in a minority of the whole representation. I have not been discussing the separate case of Wales, and so I will only say that, of the 30 Welsh Members, on no occasion in the twenty-seven years have the Unionists been able to muster more than 8; and Scotland has scarcely responded more closely to the swing of the pendulum in England. Though the Unionists were in power for fifteen out of the twenty-seven years, they had a majority in Scotland, and that a very small one, only in the Parliament of 1900. But Scotland on the whole does not come off badly, since it is not the practice of the Members from the other countries to vote down the Scottish representatives. Where Scotland does suffer is in their inability,[pg 407]owing to their numerical weakness, to secure a fair share of attention for Scottish domestic concerns. A law on Scottish Education, for instance, though it got into the Queen's Speech for 1900, was not enacted until 1908, and the Scottish Members never have more than one day in the Session for the discussion of all the Scottish Estimates. When we pass to Ireland, it is difficult to make any similar comparison, for, though the Nationalists sit permanently in opposition in the House of Commons, it does not follow that they should be classed as being opposed to the Liberals as well as to the Unionists. If we regard them as opposed to both of the principal parties, then, when the Liberals have been in power, every Irish Member with one single exception must be reckoned to have been among their opponents. But, if we prefer to base our calculations upon the sort of informal understanding which has existed during most of the time between the Liberals and the Nationalists, we must confine our attention, from the present point of view, to the years of Unionist Government, and we find that, of the 103 Irish representatives, the number of Irish Unionists during those periods has never exceeded 23 and has been as low as 19. Thus, putting the various figures which have been quoted into percentages, it becomes evident that England has had to live under a Liberal Government when the Unionists (in 1892-5) had 58 per cent. of the total English representation; Scotland has had to live under a Unionist Government when the Liberals (in 1886-92) had 60 per cent. of the total Scottish representation; whereas Ireland has had to live under a Unionist Government when the Nationalists had as much as 81 per cent. of the total Irish representation. And it must be borne in mind that, while England and Scotland are only rarely governed in opposition to the wishes[pg 408]of the majority of their representatives, Ireland has continued to be preponderantly Nationalist irrespective of party fluctuations in Great Britain.In these circumstances, Ireland, whether in its Nationalist or its Unionist constituencies, never expresses any other opinion than for or against Home Rule. We regret the confusion at all elections in the United Kingdom between Imperial and domestic issues, but at least we get an idea of the views of the electorate in Great Britain on some big Imperial question, or as between Free Trade and Protection. In Ireland we get nothing of the kind; it is impossible to say, for instance, whether Ireland is in favour of Tariff Reform or not; and the votes of the great majority of its representatives in the House of Commons are usually given, not with reference to the views of their constituents on the question under discussion, but solely in relation to the attainment of Home Rule. Now, this attitude of the Nationalists is evidently adopted because Irish domestic concerns are decided in the House of Commons by men who are not Irish representatives; and it may be remarked that Scotsmen, and even, to some extent, Englishmen, are also liable to have their wishes on purely domestic affairs over-ridden by the representatives of the other countries, but that they do not, on that account, subordinate everything else to the effort to release themselves from this anomaly.But, apart from the consideration, as we have seen above, that the Irish have been the principal sufferers, the Irish electorate are entitled, if this is a free country, to choose the issue which shall be put forward, and we should sympathise with them when they ask to be allowed to manage their domestic affairs without interference, in accordance with the principles of representative government. It is immaterial how[pg 409]far the Irish Nationalists have actually been able to get their own way in the House of Commons, for their efforts have usually been in vain until after a lawless agitation in Ireland, which, as a means of securing redress for grievances, is as demoralising to the legislator as to the elector. And when the law for which the Irish have asked has been passed without any such outside pressure, it is evident that the votes of the majority of the Irish representatives would have been useless unless sufficient English and Scottish Members had been willing to fall in with their wishes. Every Irish Nationalist knows, therefore, that a majority of the Irish representatives is by itself utterly unable to carry a purely Irish measure through the House of Commons, however often it may have been advocated, and however large may have been the Irish majorities in its favour; and representative government cannot fail to be brought into disrepute in Ireland, on account of its futility under existing conditions. Moreover, if representative institutions are to work well, there should be, so far as is possible, in every constituency supporters and opponents of the Government on the current questions of the day, for it is only by constant discussion and interaction that we can secure a sound relation between Parliament and the country. But nothing of the kind takes place in Ireland. Through their dissociation from the division into parties that prevails in Great Britain, the bulk of the Irish people are not informed as to the views on topics other than Home Rule of the Liberals, Unionists, or Labour men. In the greater part of Ireland, the Nationalist candidate is returned unopposed or is opposed only by another Nationalist; and when this is so, the party in power, whether it be Unionist or Liberal, is usually without any machinery by which its case is put before[pg 410]the electorate. Elsewhere, in Ireland, the Unionists have their organisation against Home Rule, and so far the Liberals are even in a worse position, for, though they have had the supreme control of affairs for the last six years, there are not half a dozen constituencies in Ireland where they have any means by which they can learn the views of the people or explain the policy of the Government. And yet Ireland, like the rest of the United Kingdom, is supposed to live under representative institutions! No doubt I may be reminded that the Nationalist Members are in touch with local opinion in Ireland, and that they are the informal allies of the Liberals; but the Nationalist attitude is concerned with little else but Home Rule, and it is just because, in existing circumstances, the Irish do not declare themselves, or perhaps even form an opinion, on ordinary political issues, that our representative system has broken down so much more severely in Ireland than in England or in Scotland.And thus I conclude my survey of the practical working of the Act of Union. I have shown that the domestic affairs of the three countries are, in continuance of what was done before the Union of the Parliaments, or as the result of subsequent developments, ordered in many respects separately for England, Scotland, and Ireland, and that there is no question in any quarter of the elimination of these separate arrangements. But they have led, as has been further demonstrated, to many difficulties in connection with our system of Parliamentary government, and it is only by the sub-division of the responsibilities between two or more Parliaments that such difficulties can satisfactorily be overcome. We have, therefore, valid grounds for the advocacy of Home Rule, apart from the particular claims of Ireland,[pg 411]though they, of course, serve to strengthen the argument; and, in considering what form the proposals should take, we cannot do better than study carefully how far England, Scotland, and Ireland are now governed in common and how far each of the three countries is governed separately. For the subjects in which there is now separate treatment are those which would be transferred under Home Rule with the smallest breach of continuity, or rather, in the natural course of our constitutional evolution.[pg 412]
XV.—The Imperial Parliament(I) The State Of Parliamentary Business.By Cecil Harmsworth, M.P.There is one argument for conferring self-government on the people of Ireland that appeals with irresistible force to many ordinary members of Imperial Parliament. This is the urgent necessity for relieving Imperial Parliament of“provincial”business and setting it free to devote its best energies to the ever-increasing legislative and administrative needs of the empire.Every year the amount of business that falls to be transacted in the House of Commons grows in volume. Every year fresh proofs are afforded that the legislative machinery of the House of Commons is not only unequal to the strain imposed by the growing volume of business, but that it is incapable even of dealing effectively with the affairs that have always been regarded as coming within its special province. For instance, the House of Commons has practically lost all control over the details of finance. It is true that a fairly generous allowance of Parliamentary time is allotted to the Estimates, but the House rarely, if ever, comes to close grips with the nation's balance sheet, or indeed with the details of any particular vote. Yet a vigilant supervision over finance is one of the primary functions of the House of Commons.[pg 374]How far the recently established Select Committee on Estimates will be able to assist in promoting national economy remains to be seen. The creation of such a body has not met with universal approval in the House itself. As in the case of all parliamentary Committees, no matter how influential theirpersonnel, the House as a whole may not be found willing to accept the decisions of the new Select Committee as authoritative.In the sphere of Bill legislation, the condition of things is even worse. Notwithstanding the desperate shifts which have been resorted to in recent years to secure the dispatch of business, we are confronted in every succeeding session with greater congestion in the House of Commons. Big Bills are hustled through with the aid of every undesirable expedient known to parliamentary procedure, and little Bills in pathetic shoals are massacred at the end of each session. The plain fact is that we have not sufficient time in which to do anything properly. No matter what strain we impose on the physical endurance of Members, no matter how far we invade the undoubted privileges of the House of Commons as a deliberative assembly, Parliament is less and less able to fulfil its manifold duties as the paramount legislature in a world-wide state. The damage to local interests is scarcely less serious. Irish finance, for instance, and Irish legislation suffer from the disability of Imperial Parliament to give them due consideration.Let it not be supposed that the House of Commons is unconscious of its own demerits as a legislative machine. It is nearly sixty years since Sir John Pakington's Committee was appointed to consider“whether by any alteration in the forms and proceedings of this House, the dispatch of public business would be more effectually promoted.”Committees with[pg 375]similar references were set up in 1861, in 1878, and in 1886. As a result of these inquiries two Standing Committees were established at the instance of Mr. W. H. Smith in 1888. The relegation of measures of the second rank to the two Standing Committees was expected to lighten the legislative burdens of the House of Commons very considerably, and this result was in some measure achieved. But the problem of congestion was so far from being solved that it was thought necessary to appoint yet another Committee (Sir Henry Fowler's) in 1906. This Committee recommended the setting up of four Standing Committees, and it is under this system that we are now working. With considerable diffidence I advance the opinion that an even larger use of Standing Committees might be made than has yet been attempted. Part II. of the National Insurance Bill was sent“upstairs,”and the result amply justified what was regarded by cautious Parliamentarians as a daring experiment. But this part of the Insurance Bill was in a large degree uncontroversial. The House of Commons is jealous, and naturally jealous, of its rights over controversial measures of the first class, and has never yet shown any readiness to accept as conclusive the decisions of Standing Committees. Nor should it be forgotten that attendance on a Standing Committee imposes a severe strain on members who are also keenly interested in the business of the House itself. By the time Mr. Speaker takes the chair at a quarter to three o'clock, the members of such Committees have often completed a very fair day's work.Meanwhile, other and more questionable expedients for facilitating the dispatch of business were coming into general use. It is to Mr. Joseph Ronayne, a member of the Irish Parliamentary Party in the 'seventies[pg 376]of last century, that we owe the policy of organised and scientific obstruction in the House of Commons, and, as a consequence, the drastic use of the closure. Mr. Ronayne was a back-bench member of the Irish Party, of unobtrusive manners but of settled opinions. He was profoundly dissatisfied with the unaggressive tactics of Mr. Isaac Butt, the then leader of the Irish Party.“We will never make any impression on the House,”he said,“until we interfere in English business. At present Englishmen manage their own affairs in their own way, without any interference from us. Then, when we want to get our business through, they stop us. We ought to show them that two can play at this game of obstruction. Let us interfere in English legislation; let us show them that if we are not strong enough to get our own work done, we are strong enough to prevent them from getting theirs.”159Mr. Ronayne found in Mr. Joseph Gillis Biggar an apt pupil. Mr. Biggar used to say:“The English stop our Bills. Why don't we stop their Bills? That's the thing to do. No Irish Bills; but stop English Bills. No legislation; that's the policy, sir, that's the policy. Butt's a fool, too gentlemanly; we're all too gentlemanly.”Mr. Biggar's oratory is happily now only a tradition. It was not good oratory of any kind, but it effected its purpose. More skilful exponents of the art of obstruction have appeared since Mr. Biggar's day, but none more successful. The expedient may have been justifiable in the case of a small minority struggling unavailingly against an overwhelming and indifferent majority. It is quite true that during the mild reign of Mr. Butt the British political parties treated legislative proposals emanating from the Irish Parliamentary Party with scant courtesy. It is equally true that obstruction in the House of Commons proved a potent incentive to the more careful consideration[pg 377]of Irish claims. We have travelled far since those days, but obstruction remains as one of the most formidable weapons in the armoury of an opposition. The British political parties have, when in opposition, made full use of a device that Mr. Butt regarded as“undignified, useless, and mischievous.”And not only is obstruction with us, but its hateful if necessary corollary, the closure, has tended every year to become more oppressive. The parliamentary historian of the future will note that it was on June 10th, 1887, that“closure by guillotine,”that monstrous variant of an accursed type, was first proposed in the House of Commons. A few days later the guillotine fell on several of the most important clauses of a new Crimes Bill. So closely associated with Ireland are the most recent and most detrimental changes in the procedure that governs the debates in our Imperial Parliament!Obstruction or no obstruction, closure by guillotine or by compartments has come to stay as long as our Parliament attempts the otherwise impossible task of legislating for several provinces, and an empire at the same time. Nowadays almost every great Bill is subjected sooner or later to the guillotine. Let us see what this means. A debate in Committee, let us say, has been in progress for some days or weeks. Discussion has been free, and only occasionally, perhaps, has the ordinary form of closure been exercised. A bare half dozen clauses have been disposed of. There remain four or five score more clauses and a motley group of schedules. It becomes obvious that unless something is done to speed up the machinery, the Bill will never get through the House. Then it is that the leader of the House braces himself to his most unwelcome task, and, rising in his place, proposes a rigid time-table for the discussion of the remaining[pg 378]clauses and schedules. A certain number of days are allotted, and to each portion of time is allotted a section of the Bill. Thus, a whole Parliamentary day may be allotted to three clauses. The whole of this day, perhaps, is spent in debating the first line of the first of the three clauses. However this may be, the guillotine falls with remorseless severity at the end of the allotted day, and only Government amendments to the undiscussed parts of the three clauses are taken. Could anything be more clumsy? Was it possible for the ingenuity of man to invent a less businesslike remedy for the congestion of business in Parliament? Indeed, the absurdity of the system is universally acknowledged. I know of no more distressing spectacle than that of the leader of the House of Commons exerting himself to excuse a policy that he, in common with all who reverence the House of Commons, holds in detestation. On such occasions as this, the arguments advanced for what is confessedly a rude invasion of the rights of free speech are of a set pattern. It is urged that the debate has now been in progress for so many days or weeks, and that little advance has been made. Regret is expressed that resort should be had to such an unpopular device as the guillotine. But by what other means, it is asked, is a Government to carry controversial measures? After all, the time-table proposed is a generous one, having regard to all the circumstances of the case, and is certainly more generous than that allowed by the party opposite on such and such an occasion in the past. The leader of the Opposition, in rising, lays his hand on his heart and calls the House to witness that if on former occasions he has made use of the guillotine, he has done so far less frequently than the head of the present administration, and with an entire[pg 379]absence of the levity that marks the present proceedings. The guillotine resolution is carried. There are ineffectual ebullitions of wrath on the opposition side of the House, and there are sinking hearts on the Ministerial Benches. On every such occasion it is felt in all parts of the House that a deadly blow has been aimed at the dignity and the prestige of Parliament.But the House of Commons is meant to be a deliberative assembly! It holds still the highest place among the democratic assemblies of the world, and its rules and forms and customs have been adopted with unquestioning veneration, wherever democratic communities have set up legislating for themselves. In point ofpersonnel, recent Parliaments have shown no falling off from the standards of other days. In manners, in public spirit, in devotion to parliamentary duty, and in the range of their knowledge and experience, the members of the present Parliament compare most favourably with their predecessors in any Parliament in our history. If they are gagged and closured and guillotined, it is not because their speeches would be unworthy of the place or of the occasion. The simple reason is that there is no time for them. The mother of Parliaments is trying to do the work of four or five Parliaments, and is signally failing in the attempt.Let this be noted. Though the outcry against the guillotine closure, whenever it is proposed to be exercised, is loudest on the opposition side of the House, the guillotine operates just as much to the disadvantage of private members on the Government side. They are expected to support the Government Bill in broad outline, but they are under no obligation to support it in every detail. They entertain, and are entitled to entertain, their own views as to points of detail,[pg 380]and are no more willing than members opposite that their pet amendments should be sacrificed arbitrarily at the end of an allotted day. Indeed, since they are,ex hypothesi, devoted to the main principles of the Bill, they are likely to be even more solicitous than members of the Opposition that the Bill should be as perfect in detail as in its general scope. Little wonder that under the operation of the guillotine, private Ministerial members tend more and more to become passive and, in the long run, indifferent spectators of the drama that is enacted on the floor of the House when a great Bill is going through, and it is in this respect and not in any other, I think, that modern Parliaments are inferior to others.There are other aspects of the question that might be dwelt on at some length, if this were the proper occasion. Since it is recognised in all parts of the House that a great measure is not and cannot be adequately discussed under the guillotine closure, a dangerous practice has grown up of leaving difficult matters to be decided by Government departments or by new authorities set up under the Act. Under the National Insurance Act, for instance, the Commissioners are invested for certain purposes with all the legislative prerogatives of the three estates of the realm! I must leave that matter to the constitutional authorities. I am concerned for the moment merely to show that the guillotine closure is a clumsy, unbusinesslike, and dangerous expedient that cannot be regarded as having solved in any satisfactory degree the eternal problem of congestion in a Parliament that attempts to cope at the same time with the local affairs of three or four provinces, and with the affairs of an empire.Relief might doubtless be found in the more frequent[pg 381]use of what is known as the“kangaroo”closure. This method of dealing with business in Committee was first regularized in 1908. Under this system, power is given to the Chairman to select such Amendments as he believes to be really important, to the exclusion of others. The burden of responsibility thus thrown on the Chair is felt to be enormous, and it is chiefly on this account that the kangaroo closure has been very sparingly exercised.I say that the setting up of four Standing Committees, and the institution of the guillotine closure have so far failed to relieve appreciably the pressure of business in the House of Commons. Another method has been tried that might reasonably have been expected to produce more fruitful results. I refer to the prolongation of the session of Parliament. In 1906 we had an autumn sitting. In 1907 we sat until August 28th. In 1908 we had an autumn sitting. In 1909 we sat for practically the whole year. The session of 1910 was agreeably diversified by a strenuously contested General Election at either end of it. In 1911 we had yet another autumn sitting, and this year we are threatened with a continuous session extending from February until Christmas time. True enough, a good part of the work of these sessions was wasted by the action of a House of Lords which has since lost some of its powers for obstructive mischief, but it will be observed that of the first class measures destroyed by the Lords, only two—the Education Bill (in a different form), and the Scotch Small Holders Bill—have subsequently made considerable demands on the attention of the House of Commons. The time gained by extending the sittings of these several Parliaments has been chiefly wanted for new legislation. Even if the House of Lords had found it convenient to[pg 382]pass the Liberal measures which it rejected, the pressure of business in the House of Commons must have necessitated the resort to autumn sittings in two or three of the years under consideration. Now, it is a commonplace that autumn sittings are permissible only in very exceptional circumstances. From the point of view of all Members of Parliament, autumn sittings are an unqualified disadvantage. Members, like other folk, want their holidays, and, unlike other folk, have constituencies to look after. Ministers of the Crown who are members of the House of Commons stand in even greater need of holidays than private members, and are not less under obligation to cultivate their constituencies. In addition, they need leisure for the preparation of the great Government measures that are to figure in the King's Speech, Departmental Bills for the ensuing session, and generally for the overhauling of the work of their departments. It is astonishing that the work of the great administrative departments should have been done so well in recent years when regard is had to the extreme pressure under which Ministers have been working. If Sir H. Campbell-Bannerman and Mr. Asquith had not had at their command an abundance of administrative talent of a high quality, there must have been during the last six years many cases of failure in the management of the important Parliamentary Offices of State. One of the chief functions of a Parliamentary Minister in charge of a department is the infusion of new ideas, the re-assembling and adaptation of old machinery, the bringing up to date of an organisation that may have served its purpose well in the past but is no longer adequate to the enlarged requirements of modern times. For such work as this there must be time for cool deliberation. It is scarcely possible for the most[pg 383]capable Minister to devise schemes of administrative reform amidst the excited rumours of the lobbies and the innumerable distractions of life in the House of Commons. Less responsible members of the House of Commons than Ministers find that it is well-nigh impossible to think clearly during the session of Parliament.Other methods have been proposed for saving time in an overburdened House of Commons. There is the proposal that measures that have reached a certain incomplete stage in one session should be revived at the same stage in the next session of the same Parliament. A Select Committee of unusual authority discussed this matter in 1890. Among the members of the Committee were Mr. Gladstone, Mr. Balfour, Mr. Chamberlain, Mr. John Morley, Mr. Goschen, Sir William Harcourt, the Marquis of Hartington, Mr. Dillon, Sir Edward Clarke, Mr. T. W. Russell, Mr. Labouchere, and Mr. Sexton. Proposals for abridging the procedure on partly considered Bills had been mooted in 1848, in 1861, and again in 1869, but the objects in view of the earlier Committees entirely differed from those of the Committee of 1890. The proposal emanated from the House of Lords, and the original design was to give the Upper House power to hang up Bills coming from the House of Commons. The Lords complained, as they have often complained since, that Bills were sent up to them at a period of the session too late to admit of the exercise of the Lords' rights of revision and amendment. They urged, too, and with some force, that Bills were frequently sent up to them which had not been adequately discussed in the lower House. They desired, therefore, to possess themselves of the power to hold over such Bills to another session. Needless to say, such a proposal as this excited fierce[pg 384]opposition in the House of Commons, and the deliberations of 1848, 1861, and 1869 came to nothing. The Committee of 1890 set out with wholly different intentions. Its object was merely to obviate reiterated arguments in the House of Commons on the same subjects and to save the time of the House. Thanks in a large measure to Mr. Balfour's advocacy the Committee reported that the carrying over of Bills should become the practice of the House, as it is indeed the practice of almost every Parliament in Europe. A formidable minority, however, led by Mr. Gladstone, reported against the proposal, and nothing has yet been done to give effect to the wishes of the majority. To this day the“massacre of the innocents”is a melancholy feature of our proceedings at the end of a session. I doubt myself whether“carrying over”will ever be adopted as a part of the established and regular practice of the House of Commons. Ministers look with cold disfavour on the proposal. They are generally suspicious of private members' little Bills, and private members themselves are not ordinarily enthusiastic about the legislative bantlings of other private members.One other remedy has been suggested for hastening the dispatch of business in the House of Commons—the limitation of speeches. For every member who made speeches in the House of Commons half a century ago fifty make speeches now. It is not, I think, that we are more loquacious than our ancestors or more greedy of the ready publicity that is accorded to any sort of speech in Parliament. Many interests are now represented in Parliament that were not directly represented at all in the earlier days, and the problems of a more numerous population and of a more complex civilisation make corresponding demands on the time[pg 385]of the House of Commons. The serious man who represents these great new interests in the House of Commons never consciously squanders the time of the House in unnecessary speech. No doubt the prevailing fashion of oratory is marked by diffuseness and lack of discipline, but it is to the comparatively modern scandal of deliberate obstruction by speech that we owe the guillotine and all its attendant evils. From time to time there has been earnest debate as to whether a time limit to speeches should be fixed. That any such policy is difficult of achievement is proved by the fact that even the existing Standing Order against irrelevance and tedious repetition has fallen into almost complete abeyance.What is the ultimate remedy for the congestion of business in the House of Commons? Who can doubt that it is the delegation of provincial business to provincial assemblies? There has been, I say, no lack of expedients. The setting up of four Grand Committees, the institution of the guillotine as a regular feature of House of Commons procedure in regard to every first-class measure, the frequent resort to autumn sittings—these methods have been tried and found wanting. Little prospect of relief is afforded by any projected limitation of speeches or by the carrying over of Bills. Meanwhile, as we have seen, the legitimate claims on the attention of Parliament grow with the needs of a growing population and of an expanding empire. In part it is the problem of new wine in old bottles. Our Parliament was not constructed for its present purposes. Originally it was the legislature for England alone. The provincial affairs of Scotland were first imposed on it, and then those of Ireland. Concurrently, the management of an empire, as varied in its legislative and administrative requirements[pg 386]as the various climates it enjoys, has been added to our responsibilities. You may if you like regard our present House of Commons as an Imperial Legislature stooping from time to time to the consideration of provincial business, or as a provincial Parliament rising in its moments of inspiration to the discharge of high Imperial duties. The same Parliament that has to decide to-day some small matter of purely local Irish or Scottish concern must settle a national strike to-morrow, approve the naval strategy of the Empire, or frame the constitution for a people. To the executive that is responsible to the same Parliament are entrusted all the tremendous issues of peace and war. It is a supreme testimony to the genius of the British peoples for government that we have voyaged so far without shipwreck everywhere except in the region of Irish affairs.By all admissions we have made a mess of Ireland. With singular and unwonted perverseness we have refused for more than a hundred years to apply to Ireland the principles of self-government that have justified their application in every province of the Empire that is mainly inhabited by people of our own race. We have risked and we have incurred the disaffection of the Irish themselves; we have imposed on them and on ourselves untold suffering and expense; we have imperilled the whole fabric of our Parliamentary institutions.It is this last aspect of the problem to which earnest consideration is invited in these few pages. The efficiency of Imperial Parliament is a matter of Imperial concern. By no other means than by maintaining Imperial Parliament at the highest pitch of efficiency can we be assured of good government throughout the empire. I do not myself shrink from any of the[pg 387]logical consequences of the line of argument I have adopted. A truly Imperial Parliament representing England, Ireland and Scotland and, it may be, each of the more important Dependencies of the Crown—that is the goal towards which we should press. But the Irish claim, so far as the claims of the United Kingdom are concerned, was first presented, is most urgent, and must first be satisfied. If we could but rid our minds of party bias, Home Rule for Ireland would be universally regarded as the first step forward in the direction of Imperial efficiency. It is unquestionably a condition precedent to the re-establishment of our control over our own legislative machine.[pg 388](II) The Tendency Towards Legislative Disintegration. A Review Of The Statute Book.By H. de R. WalkerThe Act of Union between Great Britain and Ireland was the end of a definite epoch of political concentration. England, Scotland, and Ireland had at last been brought under a single Parliament, with equal and complete legislative authority over the whole of the three Kingdoms. But Union was not accompanied by uniformity, especially in the case of Ireland. Ireland, when joined in a legislative union with Great Britain, was in fact left in possession of separate Administrative, Financial and Judicial institutions. With the separate judicial system I am not further concerned, but at a time when the grant of extended self-government to Ireland is under consideration, I contend that it is of great utility to observe how far Irish Administration and Irish Finance are actually distinct and separate at the present time. Moreover, whatever may have been the intention of the statesmen of the period of the Union, it has also been found to be necessary, owing[pg 389]to the diversity of the institutions, to pass in the Parliament of the United Kingdom, a large number of statutes solely applicable to Ireland. I do not assume that what is now separate should in every case be transferred to the new Irish Authority, nor that what is now done in common should not be so transferred; but I do contend that the existing differentiation should largely guide us in connection with the forthcoming proposals. On the other side, our opponents might of course urge that, as we have already got separate laws and separate administration for Ireland, we obtain under existing arrangements all the diversity that is required, and that we have herein an argument against Home Rule rather than in its favour.We must, therefore, carry the matter a step further. We may say that the separate laws and separate administration, while not conclusive as to the need for Home Rule, will be found to provide a basis for its inception if it can be shown on other grounds to be desirable; but, as it is not my intention to enter upon the general merits or demerits of Home Rule, I pass on to submit the practical consideration that the separate laws and the separate administration for Ireland, as worked in connection with a single Parliament, not only work badly in themselves, but are prejudicial to the orderly development of Parliamentary government. This is my case, and if I can prove it, we should either do away with these separate arrangements or cease to work them in connection with a single Parliament. But it will be easy to prove further that the separate arrangements cannot now be consolidated. There is a continuous tendency to accentuate them in accordance with the requirements of the situation. We shall, therefore, be driven to the conclusion that we must have recourse to a separate Parliament for Ireland in[pg 390]order to be able to work these separate arrangements in a satisfactory manner.In order to substantiate these contentions, I shall discuss the existing position as regards Irish Legislation, at the same time giving some attention to Finance and Administration in their legislative aspects. The uniformity in Anglo-Irish Finances which has been developed during the nineteenth century is still qualified by a certain differentiation. Separate departments of administration involve separate estimates of expenditure; and separate laws may involve separate grants of money.The authors of the Act of Union did not attempt to establish uniformity between Great Britain and Ireland in the matter of either administration or finance, but they followed the precedent of the Union between England and Scotland in the concentration of all legislative powers in a single body, the Parliament of the United Kingdom of Great Britain and Ireland. But Union did not necessarily mean uniformity, and the united Parliament found itself at once compelled to pass separate and different Acts for the several portions of the United Kingdom.In this branch of our subject it will be convenient not to confine our attention to the separate Irish laws, but, since many laws are also passed separately for England and for Scotland, to take a wider view and consider how far Parliament legislates in common for the whole of the United Kingdom, and how far separately for one or more of its component parts. And it follows therefrom that any conclusions that we may form as to the delegation of legislative powers are likely to apply in kind if not in degree to England and Scotland as to Ireland. In the administrative sphere, of course, the position is by no means the[pg 391]same as between the three countries. Scotland has at present no important central department at Edinburgh other than its Local Government Board.It was largely owing to the maintenance under the Union of the separate administration in Ireland, combined with the retention during the first sixteen years of the separate exchequers, that Parliament was obliged to legislate separately for the different portions of the United Kingdom. These were the years of the Napoleonic wars, when very heavy taxation was imposed; and, not only was a separate Act passed, according to the custom of the time, for each article that was to be taxed, but this taxation was, on account of the separate exchequers, imposed by separate Acts for Great Britain and for Ireland. In these circumstances it is not surprising to find that the most numerous Statutes of the first twenty years of the century were those whose application was confined to Great Britain or to Ireland, and that they considerably exceeded in number those which applied to the whole of the United Kingdom or to England alone. After the amalgamation of the exchequers in 1817, the annual average of Statutes applying to Great Britain dropped at once from thirty-five to seven, and gradually decreased still further, since most of the financial measures were passed thenceforward for the whole of the United Kingdom alike. But Ireland, in spite of the financial amalgamation, continued to call for a large amount of separate legislation, and the annual average of Statutes applying solely to Ireland dropped no more than from thirty-one in the decade 1811-20, to nineteen in the following decade, at which point it remained fairly constant during the greatest part of the nineteenth century. Throughout this period, the average annual number[pg 392]of what I call“United Kingdom”Statutes ranged between forty-nine in the decade 1861-70, and thirty-two in 1881-90, and of Statutes that applied solely to England between fifty-eight in 1881-90, and twenty-three in 1801-10. It should be added that the numbers are those of the Public Acts alone, and they would be much higher, particularly in the later years, if the Local and Private Acts were included in the enumeration. But the public Statutes are obviously alone relevant in any enquiry as to the extent to which the Union of the Parliaments has led to legislative uniformity, and it is very significant that, even upon these public matters, Parliament has been unable at any time since the Act of Union, to avoid the necessity for a large amount of separate legislation for Ireland.The figures up to 1890 are taken from Mr. T. A. Spalding's“Federation and Empire,”which contains many interesting particulars, and I have worked out the figures for the two succeeding decades, but not exactly on the same basis. Mr. Spalding includes the Provisional Order Confirmation Acts which were not distinguished from other Public Acts until the middle of last century, but I omit them as not partaking of the character of general legislation, and the number of separate Acts given for England, Scotland and Ireland is considerably reduced by this omission.In my first table, which gives the total, not the annual average, I divide the Public General Acts into two wide categories: those, which I term“United Kingdom”Statutes, that apply to the Dominions, the Colonies, or India, as well as those which apply to the United Kingdom as a whole; and those, which I term“State”Statutes, that apply to England, Scotland or Ireland alone, to any two of these three[pg 393]countries, or, in a very few cases, only to the Channel Islands or the Isle of Man.Public General Acts, 1891-1910.United Kingdom.State.Total.1891-19002953366311901-1910252206458Total5475421,089It will be noticed that there is a curious approximation between the numbers in the two columns, and nearly half the legislative output of Parliament thus takes a form which is at any rate contrary to the spirit of the Act of Union. Excluding financial measures during the few years when the exchequers of Great Britain and Ireland continued to be separate, it would have been anticipated that the legislation under the Union would be uniform, or at least tend to uniformity, and it is very significant that, after more than a hundred years, so much separate legislation should still be required for the several portions of the United Kingdom. But I will postpone any further comments on this situation until I have shown how the“State”Acts are divided up as between the three countries and what are the principal subjects with which they deal.From my classification of the“State”Acts according to countries, I have omitted the twenty-one Acts which apply solely to the Channel Islands and the Isle of Man, one Scottish and Irish Act, and one Welsh Act; and, as to Wales, I may take the opportunity to say that I do not prejudge its claim to separate treatment in any measure of Home Rule all round, but that I shall not specifically mention Wales in this paper,[pg 394]partly in order to avoid the repeated enumeration of the four countries in the place of England, Scotland and Ireland, partly because the claim of the Principality, so far as it may be based on laws and administration that are distinct from those of England, is exceedingly weak. Education, however, is already separately administered, separate Insurance Commissioners have been appointed for Wales, and an important Welsh Intermediate Education Act was passed in 1889, just before the period that is covered by the following table.“State”ACTS, 1891-1910.England.Scotland.Ireland.Great Britain.England and Ireland.Total.1891-1900140747217213241901-1910783757149195Total2181111293130519The above table shows, so far as mere numbers are concerned, how far the pressure upon the Parliament of the United Kingdom would be removed if it were relieved of the responsibility for English, Scottish and Irish legislation, respectively; and, in view of the relative population of the three countries, we cannot be surprised at the conclusion to be drawn from the figures that the main cause of the legislative congestion lies in the fact that the laws relating exclusively to England and those applying to the United Kingdom as a whole, have to be passed by one and the same Parliament. We should, then, seek for some form of delegation which would remove English and Scottish, as well as Irish legislation, from the purview of the existing Parliament; but, in the meanwhile, the figures show[pg 395]that the removal of the Irish business would relieve matters appreciably, and it is probable, without counting the Home Rule Bills, which should not be regarded as exclusively Irish measures, that the Irish legislative proposals take more of the time of the House of Commons than would be represented by the proportion which they bear to the total legislative output.I now pass to the subject-matter of the Acts of Parliament; and I again turn to Mr. Spalding's book. He has made a most interesting analysis of the statutes up to the year 1890, from which it appears that Parliament had been unable to legislate by Acts applying over the whole of the United Kingdom whenever it had had to deal with the administration of justice and the laws relating to any of the following subjects: the tenure and occupation of land; the holding, transfer, and devolution of property (including land); the Church; the poor; local government, rural and urban; roads, railways, and canals; and education.160These are the subjects, that is to say, on which Parliament had been obliged to pass separate laws for the different parts of the United Kingdom, and the study of this centrifugal tendency seemed to me so important that I have continued (on the next page) the analysis for the following twenty years.The first impression derived from this table is that the division between the subjects on which the legislation covers the whole of the United Kingdom, and those on which it has a narrower application, is much the same as during the earlier period. Parliament continues to legislate separately for the“States”in the matters in which it has been its practice so to do, and this in itself is a very significant consideration in view of the strong contrary inducement resulting from[pg 397]the growing congestion of Parliamentary business. Thus, taking the last three headings on the list, we see that in regard to Education, the Poor, and the Church, all the legislation during the twenty years was of a“State”character, while the very numerous Acts relating to Local Administration were in almost every instance equally limited in their application. When we pass to Law and Justice, and to Land and Agriculture, we find that the“State”predominance is not quite so marked, but even so, there were three times as many“State”as“United Kingdom”laws, and we conclude that, though the pressure of Parliamentary business is against it,“State”legislation continues to hold the field over a wide and varied range of legislative activity.Public General Acts.—United Kingdom.161Date.1891-51896-19001901-51906-10TotalImperial.2412131564Army and Navy.1525181472Conditions of Employment.10951034Benefit.652518Finance.37302928124General Administration.40212031112Trade and Commerce.61291845Traffic.4138Law and Justice.16451439Land and Agriculture741820Local Administration341311EducationPoor LawChurchTotal168127106146547States (England, Scotland And Ireland, Separately, And Combinations Of Any Two Of Them).Date.1891-51896-19001901-51906-10TotalImperial.Army and Navy.Conditions of Employment.Benefit.Finance.310417General Administration.7108732Trade and Commerce.9691236Traffic.448Law and Justice.4043931123Land and Agriculture.231172263Local Administration.49552334161Education.910111040Poor Law.4154225Church.3102116Total.15117477119521At the other end of the scale are the subjects on which Parliament is always able to legislate for the whole of the United Kingdom by a single Statute. The Imperial Laws are those which are promoted by the Foreign, Colonial, and India Offices, and concern our relations with Foreign Powers or with some portion of the British Empire. The Army and Navy laws include not only the Naval and Military Works Acts, but any Acts dealing with the Territorial and Reserve Forces. The next two classes may be bracketed together as Labour Laws, but are distinct according as they relate to the conditions of employment of the workers, for instance, in shops, coal mines, or factories, or to the benefits which accrue to them through Workmen's Compensation, Friendly and other Societies, and Old-Age Pensions. In both these cases, also, all the laws apply to the whole of the United Kingdom as do the great majority of the laws in the next two headings of Finance and General Administration. The“State”Acts under Finance are those by which Parliament[pg 398]has made grants towards the local expenditure upon education and towards the relief of the land from local burdens, and has done so separately for the three countries; and the“State”Acts of General Administration deal with the Central Departments which are maintained separately for England, Scotland, and Ireland. The heading of traffic is of dwindling importance, and the enumeration ends with trade and commerce where the“United Kingdom”laws have a slight numerical superiority.I have confined myself here to a few summary remarks upon the different legislative headings as I have discussed the matter in greater detail elsewhere;162nor do I wish to enlarge upon the conclusions that might be drawn from the figures. The South African War is evidently responsible for the greater number of Military Acts in 1896-1900; and the slowing down of the Parliamentary machine during Mr. Balfour's Administration is reflected in the smallness of the total legislative output in 1901-5. Moreover, since the Unionists were in power throughout 1901-5, and the Liberals throughout 1906-10, there is scope for a direct comparison of the records of the two Governments, but such considerations have no bearing upon our present purpose.On the contrary, I hope that the opponents as well as the supporters of Home Rule would agree that, since Home Rule involves a division of legislative powers between the Parliament of the United Kingdom and the Irish Parliament, it is not only pertinent, but necessary, that we should make ourselves acquainted with the lines upon which Parliament has, in practice, divided up its legislative business. For, while the point should not be pressed too far, I would[pg 399]suggest that the separate Irish laws, and, for that matter, the separate English and Scottish laws, constitute a kind of internal devolution, which is all the more significant because Parliament has not been actuated by any preconceived purpose; and that the subjects which are now dealt with by“State”laws are, for that very reason, those of which Parliament should naturally be relieved under any scheme of Home Rule. Similarly, it might be claimed that Parliament should retain those powers which it is now able to exercise in common for the whole of the United Kingdom; but the position is not the same in the two cases. In its anxiety to economise time, Parliament does not hesitate to render its measures applicable to the whole of the United Kingdom by appending to them clauses which regulate separately the application of the provisions to Scotland and Ireland; and where these“application clauses,”as they are called, are long and complicated, it is probable that separate measures for the different parts of the United Kingdom could be adjusted more closely to the local requirements. On the other hand, we may be sure that Parliament would not have passed, for instance, separate Local Government Acts for England, Scotland and Ireland, each of which took up much of its time, unless it had been obliged to do so; and we may assume, whenever such separate Acts are passed, that Parliament had some strong reason for its action, though, of course, I do not imply that Parliament has legislated also for England and Scotland on every subject on which it has passed an Act that related exclusively to Ireland.But it may be said that, while I have sufficiently described these separate laws, I have not explained why they are passed, nor have I given any reason why[pg 400]they must be continued. The separate laws are passed because England, Scotland and Ireland have in many respects distinct and different institutions. In Ireland, for instance, neither the position of the Church, nor the organisation of the police or of the Courts of Justice, nor the law in regard to the tenure of land, nor the system of education or of local government in general, is the same as in England or in Scotland; while Ireland is also subject to an exceptional code of criminal law. And the institutions of England and Scotland differ also very widely from one another.“After a long period of intimate union between England and Scotland,”said Lord Lothian, in 1887, in a speech in the House of Lords upon the proposed enlargement of the powers of the Secretary for Scotland,“people are apt to forget how entirely distinctive and different the administration of Scotland is from that of England. There is almost no point of resemblance. There are different forms of religion and different social forms affecting almost every portion of Scotland. There is a different code of education—an entirely different code of education—and different systems of agriculture. There are also different systems affecting the law of lunacy and parochial laws, and almost every other department.”163And these differences between the three countries, which are the direct cause of the distinctive laws, must surely be regarded as permanent, seeing that they have persisted since the respective Acts of Union. Neither Scotland nor Ireland would willingly surrender its separate judicial and ecclesiastical institutions or its separate machinery of administration. Indeed, the prevailing tendency favours increased differentiation, and it has the support of Unionists as well as of Liberals. The Unionists have[pg 401]recently created new Irish Departments in Dublin, such as the Department of Agriculture and Technical Instruction, and when the Liberals had re-established the office of Secretary for Scotland after a lapse of nearly a century and a half, the Unionists proceeded to add considerably to its powers.We may thus take it as axiomatic that, in the absence of Imperial Federation, or of a proposal such as Home Rule whereby Parliament can be relieved of some of its legislative duties, it must continue to occupy itself with five different categories of laws: Imperial laws, affecting the British Dominions beyond the seas; laws applying to the whole of the United Kingdom; and laws which relate exclusively to England, to Scotland and to Ireland. Moreover, while each legislative sphere has its parallel sphere of administration, the sole and supreme authority, except so far as the Dominions look after their own affairs, is centred, as with the legislative power, in a single body, the Government of the United Kingdom, which holds an absolutely unique position in the extent and variety of its responsibilities. In both these functions, then, we may have serious doubts as to how the system works, but I am unable to give any direct evidence in regard to the Executive. Though it is inherently improbable that a small group of men should be able adequately to supervise so varied a collection of interests, the subject is obviously one in which it is almost impossible to obtain precise information. The Cabinet of 1880-5 was not altogether happy in its multiplex activities, and complaints were rife of the neglect of home affairs during the South African War. Speaking generally, indeed, the Unionists, according to their adversaries, subordinate domestic to Imperial interests, while the critics of the Liberals would say that the[pg 402]Liberals reverse the process. And there we may leave the question, while agreeing, I hope, that Home Rule, or preferably Home Rule all round, would be beneficial so far as it would relieve the pressure upon a Cabinet that can scarcely fail to be overworked. And if there is any doubt as to the Cabinet there can be no doubt that Parliament is overworked to a very grievous extent. Irrespective of the strain upon individual numbers, it is admittedly unequal to the efficient discharge of its manifold functions. It cannot do all that it should do, and much of what it does do, it does without proper discussion. As to the first of these shortcomings, I am glad to be able to quote from an article in theRound Table164for December, 1911, in which, after a detailed comparison of the time that is available to the House of Commons with the demands that are made upon it, the conclusion is reached that“the legislative requirements of the country are too great for the available Parliamentary time.”And, as to the absence of proper discussion, the reader may be referred to the remarks on every occasion when the use of the guillotine closure is proposed, while the final inadequacy of the House of Commons is implicit in the recent admission of the Prime Minister, when proposing the guillotine motion upon the National Insurance Bill, that, without a resort to this method of procedure, the House cannot carry out the duties which it is required by the country and the interests of the Empire to discharge. Moreover, it should be borne in mind that, in trying to get all this diverse work out of a single Parliament, Governments have not only grievously restricted its legislative powers, but have also reduced the opportunities for discussion on administration and finance which are at least equally[pg 403]important functions of any supreme Parliamentary authority.But the agitation in connection with the National Insurance Act will keep public attention sufficiently focussed upon the manner in which Parliament does its legislative work, and I pass from the amount of the work to the consequences arising from its variety. As the Cabinet must supervise both domestic and Imperial affairs, and Parliament must deal separately with these two branches of legislation, so the electorate should not overlook either the Imperial or domestic views of those who seek its suffrages. But an elector may be faced by the difficulty that he likes the Imperial views of one candidate and the domestic views of the other, while the same man must represent him in both of these aspects in the House of Commons. In 1900 the Liberal supporter of the South African War was confronted with this dilemma in an acute form; and, in view of subsequent disputations, it may be taken to have been unfortunate that the party which won the elections of 1900, almost entirely on Imperial considerations, should thereby have been placed also in charge of our domestic concerns. And there was a similar confusion of issues in 1906, when, because a man was a tariff reformer or a free-trader, it did not necessarily follow that, in the former event, he was for, or, in the latter, against, the Conservative policy in regard to the liquor trade or religious instruction in the elementary schools. No small advantage, therefore, would accrue from Home Rule all round in the fact that separate categories of issues would be placed separately before the constituencies.And the electoral confusion is reproduced in the House of Commons; for there can be no doubt that the Liberals suffered under this disability in the Parliament[pg 404]of 1900, and the Conservatives in that of 1906. But, in the case of the Member, the connection with so many diverse interests has also other objectionable consequences. Supposing he sits for an English constituency, his responsibility extends to Scottish and Irish laws and administration, as to which he will know little or nothing, while his constituents will usually be indifferent as to what he may do. Illustrating this matter from my own experience as an English county Member, I may say, regarding my votes upon the Scottish Small Landholders and Valuation Bills, and the Irish Evicted Tenants and Land Bills, that not one of these subjects brought me any letter from a constituent, or was the occasion of any reference whatever in the course of any of my political meetings. And, since there is no reason to suppose that other English constituencies would feel or act differently, all these votes of English Members are in reality irresponsible, and they are to be condemned upon the principles of representative Government. For, in spite of the observance of its outward forms, its true spirit is absent wherever there is a failure of the healthy interplay of influences between a Member and his constituents; and here again, Home Rule all round could alone relieve the situation. Through the establishment of separate Parliaments in England, Scotland and Ireland, a Member's work in each of these bodies would be confined, as regards public affairs, to matters by which his constituents were or might be affected and in which there was the normal and proper relation between the electors and those whom they had elected.Moreover, there is a further evil effect arising from the inevitable indifference of constituents to much of the legislation which does not apply to the country[pg 405]in which they live. In view of the divergence of interests and diversity of classes represented in every Parliament, there is probably no legislature in which there is not a tendency to“log-rolling,”by which I mean arrangements among Members to support measures about which they do not care in return for help with measures in which they are particularly concerned. This temptation will be greater when the Parliament is not only overworked, as is the case here, but the struggle is intensified by the rivalry between English, Scottish, and Irish claims upon its attention. In the resultant situation, indeed, arrangements of a“log-rolling”character are likely to be made even upon the wider issues, and the fact should not be overlooked that they are rendered more easy because so many laws are passed separately for England, Scotland, and Ireland. In theory, of course, as Professor Dicey claims, it is the duty of a Member, whencesoever returned, to consult for the interests of the whole nation, and not to safeguard the interests of particular localities or countries; but in practice he cannot do it. The subjects for legislation are so complicated that he cannot make himself acquainted with them as they affect each of the three countries, and the pressure upon Parliament is so tremendous that he is almost bound to try to get for his own country a fair share of such time as is available. It is, therefore, wiser to bow to the inevitable, and enable the English, Scottish, or Irish Member, as the case may be, to look after his own concerns in his own Parliament, untroubled by the presence of others who do not understand his business and will not be called to account by their constituents for what they may do, while leaving the control of all common affairs, as at present, to the Parliament of the United Kingdom.[pg 406]There are, however, valid reasons why Ireland has a pre-eminent claim to priority of treatment. Ireland has been much less successful than England or Scotland in securing that Parliamentary action should be in accordance with the wishes of the majority of its Members in the House of Commons. Where the representatives of three countries together constitute a legislative body, it is probable that each of these countries will at some time or other be under the sway of a majority different from that which would be formed if its own representatives alone decided upon its composition; but it is clear that this fate is less likely to overtake the country which has a great numerical preponderance in the legislature in question. Thus, taking the period since 1885, England, holding 465 of the 670 seats in the House of Commons, was only in this position from 1892-5, for at the two elections in 1910 there was almost a tie in the return of 226 Ministerialists and 239 supporters of the Opposition. And this great preponderance of one of the countries adds to the likelihood that the others may have the majority of their own representatives in a minority of the whole representation. I have not been discussing the separate case of Wales, and so I will only say that, of the 30 Welsh Members, on no occasion in the twenty-seven years have the Unionists been able to muster more than 8; and Scotland has scarcely responded more closely to the swing of the pendulum in England. Though the Unionists were in power for fifteen out of the twenty-seven years, they had a majority in Scotland, and that a very small one, only in the Parliament of 1900. But Scotland on the whole does not come off badly, since it is not the practice of the Members from the other countries to vote down the Scottish representatives. Where Scotland does suffer is in their inability,[pg 407]owing to their numerical weakness, to secure a fair share of attention for Scottish domestic concerns. A law on Scottish Education, for instance, though it got into the Queen's Speech for 1900, was not enacted until 1908, and the Scottish Members never have more than one day in the Session for the discussion of all the Scottish Estimates. When we pass to Ireland, it is difficult to make any similar comparison, for, though the Nationalists sit permanently in opposition in the House of Commons, it does not follow that they should be classed as being opposed to the Liberals as well as to the Unionists. If we regard them as opposed to both of the principal parties, then, when the Liberals have been in power, every Irish Member with one single exception must be reckoned to have been among their opponents. But, if we prefer to base our calculations upon the sort of informal understanding which has existed during most of the time between the Liberals and the Nationalists, we must confine our attention, from the present point of view, to the years of Unionist Government, and we find that, of the 103 Irish representatives, the number of Irish Unionists during those periods has never exceeded 23 and has been as low as 19. Thus, putting the various figures which have been quoted into percentages, it becomes evident that England has had to live under a Liberal Government when the Unionists (in 1892-5) had 58 per cent. of the total English representation; Scotland has had to live under a Unionist Government when the Liberals (in 1886-92) had 60 per cent. of the total Scottish representation; whereas Ireland has had to live under a Unionist Government when the Nationalists had as much as 81 per cent. of the total Irish representation. And it must be borne in mind that, while England and Scotland are only rarely governed in opposition to the wishes[pg 408]of the majority of their representatives, Ireland has continued to be preponderantly Nationalist irrespective of party fluctuations in Great Britain.In these circumstances, Ireland, whether in its Nationalist or its Unionist constituencies, never expresses any other opinion than for or against Home Rule. We regret the confusion at all elections in the United Kingdom between Imperial and domestic issues, but at least we get an idea of the views of the electorate in Great Britain on some big Imperial question, or as between Free Trade and Protection. In Ireland we get nothing of the kind; it is impossible to say, for instance, whether Ireland is in favour of Tariff Reform or not; and the votes of the great majority of its representatives in the House of Commons are usually given, not with reference to the views of their constituents on the question under discussion, but solely in relation to the attainment of Home Rule. Now, this attitude of the Nationalists is evidently adopted because Irish domestic concerns are decided in the House of Commons by men who are not Irish representatives; and it may be remarked that Scotsmen, and even, to some extent, Englishmen, are also liable to have their wishes on purely domestic affairs over-ridden by the representatives of the other countries, but that they do not, on that account, subordinate everything else to the effort to release themselves from this anomaly.But, apart from the consideration, as we have seen above, that the Irish have been the principal sufferers, the Irish electorate are entitled, if this is a free country, to choose the issue which shall be put forward, and we should sympathise with them when they ask to be allowed to manage their domestic affairs without interference, in accordance with the principles of representative government. It is immaterial how[pg 409]far the Irish Nationalists have actually been able to get their own way in the House of Commons, for their efforts have usually been in vain until after a lawless agitation in Ireland, which, as a means of securing redress for grievances, is as demoralising to the legislator as to the elector. And when the law for which the Irish have asked has been passed without any such outside pressure, it is evident that the votes of the majority of the Irish representatives would have been useless unless sufficient English and Scottish Members had been willing to fall in with their wishes. Every Irish Nationalist knows, therefore, that a majority of the Irish representatives is by itself utterly unable to carry a purely Irish measure through the House of Commons, however often it may have been advocated, and however large may have been the Irish majorities in its favour; and representative government cannot fail to be brought into disrepute in Ireland, on account of its futility under existing conditions. Moreover, if representative institutions are to work well, there should be, so far as is possible, in every constituency supporters and opponents of the Government on the current questions of the day, for it is only by constant discussion and interaction that we can secure a sound relation between Parliament and the country. But nothing of the kind takes place in Ireland. Through their dissociation from the division into parties that prevails in Great Britain, the bulk of the Irish people are not informed as to the views on topics other than Home Rule of the Liberals, Unionists, or Labour men. In the greater part of Ireland, the Nationalist candidate is returned unopposed or is opposed only by another Nationalist; and when this is so, the party in power, whether it be Unionist or Liberal, is usually without any machinery by which its case is put before[pg 410]the electorate. Elsewhere, in Ireland, the Unionists have their organisation against Home Rule, and so far the Liberals are even in a worse position, for, though they have had the supreme control of affairs for the last six years, there are not half a dozen constituencies in Ireland where they have any means by which they can learn the views of the people or explain the policy of the Government. And yet Ireland, like the rest of the United Kingdom, is supposed to live under representative institutions! No doubt I may be reminded that the Nationalist Members are in touch with local opinion in Ireland, and that they are the informal allies of the Liberals; but the Nationalist attitude is concerned with little else but Home Rule, and it is just because, in existing circumstances, the Irish do not declare themselves, or perhaps even form an opinion, on ordinary political issues, that our representative system has broken down so much more severely in Ireland than in England or in Scotland.And thus I conclude my survey of the practical working of the Act of Union. I have shown that the domestic affairs of the three countries are, in continuance of what was done before the Union of the Parliaments, or as the result of subsequent developments, ordered in many respects separately for England, Scotland, and Ireland, and that there is no question in any quarter of the elimination of these separate arrangements. But they have led, as has been further demonstrated, to many difficulties in connection with our system of Parliamentary government, and it is only by the sub-division of the responsibilities between two or more Parliaments that such difficulties can satisfactorily be overcome. We have, therefore, valid grounds for the advocacy of Home Rule, apart from the particular claims of Ireland,[pg 411]though they, of course, serve to strengthen the argument; and, in considering what form the proposals should take, we cannot do better than study carefully how far England, Scotland, and Ireland are now governed in common and how far each of the three countries is governed separately. For the subjects in which there is now separate treatment are those which would be transferred under Home Rule with the smallest breach of continuity, or rather, in the natural course of our constitutional evolution.[pg 412]
(I) The State Of Parliamentary Business.By Cecil Harmsworth, M.P.There is one argument for conferring self-government on the people of Ireland that appeals with irresistible force to many ordinary members of Imperial Parliament. This is the urgent necessity for relieving Imperial Parliament of“provincial”business and setting it free to devote its best energies to the ever-increasing legislative and administrative needs of the empire.Every year the amount of business that falls to be transacted in the House of Commons grows in volume. Every year fresh proofs are afforded that the legislative machinery of the House of Commons is not only unequal to the strain imposed by the growing volume of business, but that it is incapable even of dealing effectively with the affairs that have always been regarded as coming within its special province. For instance, the House of Commons has practically lost all control over the details of finance. It is true that a fairly generous allowance of Parliamentary time is allotted to the Estimates, but the House rarely, if ever, comes to close grips with the nation's balance sheet, or indeed with the details of any particular vote. Yet a vigilant supervision over finance is one of the primary functions of the House of Commons.[pg 374]How far the recently established Select Committee on Estimates will be able to assist in promoting national economy remains to be seen. The creation of such a body has not met with universal approval in the House itself. As in the case of all parliamentary Committees, no matter how influential theirpersonnel, the House as a whole may not be found willing to accept the decisions of the new Select Committee as authoritative.In the sphere of Bill legislation, the condition of things is even worse. Notwithstanding the desperate shifts which have been resorted to in recent years to secure the dispatch of business, we are confronted in every succeeding session with greater congestion in the House of Commons. Big Bills are hustled through with the aid of every undesirable expedient known to parliamentary procedure, and little Bills in pathetic shoals are massacred at the end of each session. The plain fact is that we have not sufficient time in which to do anything properly. No matter what strain we impose on the physical endurance of Members, no matter how far we invade the undoubted privileges of the House of Commons as a deliberative assembly, Parliament is less and less able to fulfil its manifold duties as the paramount legislature in a world-wide state. The damage to local interests is scarcely less serious. Irish finance, for instance, and Irish legislation suffer from the disability of Imperial Parliament to give them due consideration.Let it not be supposed that the House of Commons is unconscious of its own demerits as a legislative machine. It is nearly sixty years since Sir John Pakington's Committee was appointed to consider“whether by any alteration in the forms and proceedings of this House, the dispatch of public business would be more effectually promoted.”Committees with[pg 375]similar references were set up in 1861, in 1878, and in 1886. As a result of these inquiries two Standing Committees were established at the instance of Mr. W. H. Smith in 1888. The relegation of measures of the second rank to the two Standing Committees was expected to lighten the legislative burdens of the House of Commons very considerably, and this result was in some measure achieved. But the problem of congestion was so far from being solved that it was thought necessary to appoint yet another Committee (Sir Henry Fowler's) in 1906. This Committee recommended the setting up of four Standing Committees, and it is under this system that we are now working. With considerable diffidence I advance the opinion that an even larger use of Standing Committees might be made than has yet been attempted. Part II. of the National Insurance Bill was sent“upstairs,”and the result amply justified what was regarded by cautious Parliamentarians as a daring experiment. But this part of the Insurance Bill was in a large degree uncontroversial. The House of Commons is jealous, and naturally jealous, of its rights over controversial measures of the first class, and has never yet shown any readiness to accept as conclusive the decisions of Standing Committees. Nor should it be forgotten that attendance on a Standing Committee imposes a severe strain on members who are also keenly interested in the business of the House itself. By the time Mr. Speaker takes the chair at a quarter to three o'clock, the members of such Committees have often completed a very fair day's work.Meanwhile, other and more questionable expedients for facilitating the dispatch of business were coming into general use. It is to Mr. Joseph Ronayne, a member of the Irish Parliamentary Party in the 'seventies[pg 376]of last century, that we owe the policy of organised and scientific obstruction in the House of Commons, and, as a consequence, the drastic use of the closure. Mr. Ronayne was a back-bench member of the Irish Party, of unobtrusive manners but of settled opinions. He was profoundly dissatisfied with the unaggressive tactics of Mr. Isaac Butt, the then leader of the Irish Party.“We will never make any impression on the House,”he said,“until we interfere in English business. At present Englishmen manage their own affairs in their own way, without any interference from us. Then, when we want to get our business through, they stop us. We ought to show them that two can play at this game of obstruction. Let us interfere in English legislation; let us show them that if we are not strong enough to get our own work done, we are strong enough to prevent them from getting theirs.”159Mr. Ronayne found in Mr. Joseph Gillis Biggar an apt pupil. Mr. Biggar used to say:“The English stop our Bills. Why don't we stop their Bills? That's the thing to do. No Irish Bills; but stop English Bills. No legislation; that's the policy, sir, that's the policy. Butt's a fool, too gentlemanly; we're all too gentlemanly.”Mr. Biggar's oratory is happily now only a tradition. It was not good oratory of any kind, but it effected its purpose. More skilful exponents of the art of obstruction have appeared since Mr. Biggar's day, but none more successful. The expedient may have been justifiable in the case of a small minority struggling unavailingly against an overwhelming and indifferent majority. It is quite true that during the mild reign of Mr. Butt the British political parties treated legislative proposals emanating from the Irish Parliamentary Party with scant courtesy. It is equally true that obstruction in the House of Commons proved a potent incentive to the more careful consideration[pg 377]of Irish claims. We have travelled far since those days, but obstruction remains as one of the most formidable weapons in the armoury of an opposition. The British political parties have, when in opposition, made full use of a device that Mr. Butt regarded as“undignified, useless, and mischievous.”And not only is obstruction with us, but its hateful if necessary corollary, the closure, has tended every year to become more oppressive. The parliamentary historian of the future will note that it was on June 10th, 1887, that“closure by guillotine,”that monstrous variant of an accursed type, was first proposed in the House of Commons. A few days later the guillotine fell on several of the most important clauses of a new Crimes Bill. So closely associated with Ireland are the most recent and most detrimental changes in the procedure that governs the debates in our Imperial Parliament!Obstruction or no obstruction, closure by guillotine or by compartments has come to stay as long as our Parliament attempts the otherwise impossible task of legislating for several provinces, and an empire at the same time. Nowadays almost every great Bill is subjected sooner or later to the guillotine. Let us see what this means. A debate in Committee, let us say, has been in progress for some days or weeks. Discussion has been free, and only occasionally, perhaps, has the ordinary form of closure been exercised. A bare half dozen clauses have been disposed of. There remain four or five score more clauses and a motley group of schedules. It becomes obvious that unless something is done to speed up the machinery, the Bill will never get through the House. Then it is that the leader of the House braces himself to his most unwelcome task, and, rising in his place, proposes a rigid time-table for the discussion of the remaining[pg 378]clauses and schedules. A certain number of days are allotted, and to each portion of time is allotted a section of the Bill. Thus, a whole Parliamentary day may be allotted to three clauses. The whole of this day, perhaps, is spent in debating the first line of the first of the three clauses. However this may be, the guillotine falls with remorseless severity at the end of the allotted day, and only Government amendments to the undiscussed parts of the three clauses are taken. Could anything be more clumsy? Was it possible for the ingenuity of man to invent a less businesslike remedy for the congestion of business in Parliament? Indeed, the absurdity of the system is universally acknowledged. I know of no more distressing spectacle than that of the leader of the House of Commons exerting himself to excuse a policy that he, in common with all who reverence the House of Commons, holds in detestation. On such occasions as this, the arguments advanced for what is confessedly a rude invasion of the rights of free speech are of a set pattern. It is urged that the debate has now been in progress for so many days or weeks, and that little advance has been made. Regret is expressed that resort should be had to such an unpopular device as the guillotine. But by what other means, it is asked, is a Government to carry controversial measures? After all, the time-table proposed is a generous one, having regard to all the circumstances of the case, and is certainly more generous than that allowed by the party opposite on such and such an occasion in the past. The leader of the Opposition, in rising, lays his hand on his heart and calls the House to witness that if on former occasions he has made use of the guillotine, he has done so far less frequently than the head of the present administration, and with an entire[pg 379]absence of the levity that marks the present proceedings. The guillotine resolution is carried. There are ineffectual ebullitions of wrath on the opposition side of the House, and there are sinking hearts on the Ministerial Benches. On every such occasion it is felt in all parts of the House that a deadly blow has been aimed at the dignity and the prestige of Parliament.But the House of Commons is meant to be a deliberative assembly! It holds still the highest place among the democratic assemblies of the world, and its rules and forms and customs have been adopted with unquestioning veneration, wherever democratic communities have set up legislating for themselves. In point ofpersonnel, recent Parliaments have shown no falling off from the standards of other days. In manners, in public spirit, in devotion to parliamentary duty, and in the range of their knowledge and experience, the members of the present Parliament compare most favourably with their predecessors in any Parliament in our history. If they are gagged and closured and guillotined, it is not because their speeches would be unworthy of the place or of the occasion. The simple reason is that there is no time for them. The mother of Parliaments is trying to do the work of four or five Parliaments, and is signally failing in the attempt.Let this be noted. Though the outcry against the guillotine closure, whenever it is proposed to be exercised, is loudest on the opposition side of the House, the guillotine operates just as much to the disadvantage of private members on the Government side. They are expected to support the Government Bill in broad outline, but they are under no obligation to support it in every detail. They entertain, and are entitled to entertain, their own views as to points of detail,[pg 380]and are no more willing than members opposite that their pet amendments should be sacrificed arbitrarily at the end of an allotted day. Indeed, since they are,ex hypothesi, devoted to the main principles of the Bill, they are likely to be even more solicitous than members of the Opposition that the Bill should be as perfect in detail as in its general scope. Little wonder that under the operation of the guillotine, private Ministerial members tend more and more to become passive and, in the long run, indifferent spectators of the drama that is enacted on the floor of the House when a great Bill is going through, and it is in this respect and not in any other, I think, that modern Parliaments are inferior to others.There are other aspects of the question that might be dwelt on at some length, if this were the proper occasion. Since it is recognised in all parts of the House that a great measure is not and cannot be adequately discussed under the guillotine closure, a dangerous practice has grown up of leaving difficult matters to be decided by Government departments or by new authorities set up under the Act. Under the National Insurance Act, for instance, the Commissioners are invested for certain purposes with all the legislative prerogatives of the three estates of the realm! I must leave that matter to the constitutional authorities. I am concerned for the moment merely to show that the guillotine closure is a clumsy, unbusinesslike, and dangerous expedient that cannot be regarded as having solved in any satisfactory degree the eternal problem of congestion in a Parliament that attempts to cope at the same time with the local affairs of three or four provinces, and with the affairs of an empire.Relief might doubtless be found in the more frequent[pg 381]use of what is known as the“kangaroo”closure. This method of dealing with business in Committee was first regularized in 1908. Under this system, power is given to the Chairman to select such Amendments as he believes to be really important, to the exclusion of others. The burden of responsibility thus thrown on the Chair is felt to be enormous, and it is chiefly on this account that the kangaroo closure has been very sparingly exercised.I say that the setting up of four Standing Committees, and the institution of the guillotine closure have so far failed to relieve appreciably the pressure of business in the House of Commons. Another method has been tried that might reasonably have been expected to produce more fruitful results. I refer to the prolongation of the session of Parliament. In 1906 we had an autumn sitting. In 1907 we sat until August 28th. In 1908 we had an autumn sitting. In 1909 we sat for practically the whole year. The session of 1910 was agreeably diversified by a strenuously contested General Election at either end of it. In 1911 we had yet another autumn sitting, and this year we are threatened with a continuous session extending from February until Christmas time. True enough, a good part of the work of these sessions was wasted by the action of a House of Lords which has since lost some of its powers for obstructive mischief, but it will be observed that of the first class measures destroyed by the Lords, only two—the Education Bill (in a different form), and the Scotch Small Holders Bill—have subsequently made considerable demands on the attention of the House of Commons. The time gained by extending the sittings of these several Parliaments has been chiefly wanted for new legislation. Even if the House of Lords had found it convenient to[pg 382]pass the Liberal measures which it rejected, the pressure of business in the House of Commons must have necessitated the resort to autumn sittings in two or three of the years under consideration. Now, it is a commonplace that autumn sittings are permissible only in very exceptional circumstances. From the point of view of all Members of Parliament, autumn sittings are an unqualified disadvantage. Members, like other folk, want their holidays, and, unlike other folk, have constituencies to look after. Ministers of the Crown who are members of the House of Commons stand in even greater need of holidays than private members, and are not less under obligation to cultivate their constituencies. In addition, they need leisure for the preparation of the great Government measures that are to figure in the King's Speech, Departmental Bills for the ensuing session, and generally for the overhauling of the work of their departments. It is astonishing that the work of the great administrative departments should have been done so well in recent years when regard is had to the extreme pressure under which Ministers have been working. If Sir H. Campbell-Bannerman and Mr. Asquith had not had at their command an abundance of administrative talent of a high quality, there must have been during the last six years many cases of failure in the management of the important Parliamentary Offices of State. One of the chief functions of a Parliamentary Minister in charge of a department is the infusion of new ideas, the re-assembling and adaptation of old machinery, the bringing up to date of an organisation that may have served its purpose well in the past but is no longer adequate to the enlarged requirements of modern times. For such work as this there must be time for cool deliberation. It is scarcely possible for the most[pg 383]capable Minister to devise schemes of administrative reform amidst the excited rumours of the lobbies and the innumerable distractions of life in the House of Commons. Less responsible members of the House of Commons than Ministers find that it is well-nigh impossible to think clearly during the session of Parliament.Other methods have been proposed for saving time in an overburdened House of Commons. There is the proposal that measures that have reached a certain incomplete stage in one session should be revived at the same stage in the next session of the same Parliament. A Select Committee of unusual authority discussed this matter in 1890. Among the members of the Committee were Mr. Gladstone, Mr. Balfour, Mr. Chamberlain, Mr. John Morley, Mr. Goschen, Sir William Harcourt, the Marquis of Hartington, Mr. Dillon, Sir Edward Clarke, Mr. T. W. Russell, Mr. Labouchere, and Mr. Sexton. Proposals for abridging the procedure on partly considered Bills had been mooted in 1848, in 1861, and again in 1869, but the objects in view of the earlier Committees entirely differed from those of the Committee of 1890. The proposal emanated from the House of Lords, and the original design was to give the Upper House power to hang up Bills coming from the House of Commons. The Lords complained, as they have often complained since, that Bills were sent up to them at a period of the session too late to admit of the exercise of the Lords' rights of revision and amendment. They urged, too, and with some force, that Bills were frequently sent up to them which had not been adequately discussed in the lower House. They desired, therefore, to possess themselves of the power to hold over such Bills to another session. Needless to say, such a proposal as this excited fierce[pg 384]opposition in the House of Commons, and the deliberations of 1848, 1861, and 1869 came to nothing. The Committee of 1890 set out with wholly different intentions. Its object was merely to obviate reiterated arguments in the House of Commons on the same subjects and to save the time of the House. Thanks in a large measure to Mr. Balfour's advocacy the Committee reported that the carrying over of Bills should become the practice of the House, as it is indeed the practice of almost every Parliament in Europe. A formidable minority, however, led by Mr. Gladstone, reported against the proposal, and nothing has yet been done to give effect to the wishes of the majority. To this day the“massacre of the innocents”is a melancholy feature of our proceedings at the end of a session. I doubt myself whether“carrying over”will ever be adopted as a part of the established and regular practice of the House of Commons. Ministers look with cold disfavour on the proposal. They are generally suspicious of private members' little Bills, and private members themselves are not ordinarily enthusiastic about the legislative bantlings of other private members.One other remedy has been suggested for hastening the dispatch of business in the House of Commons—the limitation of speeches. For every member who made speeches in the House of Commons half a century ago fifty make speeches now. It is not, I think, that we are more loquacious than our ancestors or more greedy of the ready publicity that is accorded to any sort of speech in Parliament. Many interests are now represented in Parliament that were not directly represented at all in the earlier days, and the problems of a more numerous population and of a more complex civilisation make corresponding demands on the time[pg 385]of the House of Commons. The serious man who represents these great new interests in the House of Commons never consciously squanders the time of the House in unnecessary speech. No doubt the prevailing fashion of oratory is marked by diffuseness and lack of discipline, but it is to the comparatively modern scandal of deliberate obstruction by speech that we owe the guillotine and all its attendant evils. From time to time there has been earnest debate as to whether a time limit to speeches should be fixed. That any such policy is difficult of achievement is proved by the fact that even the existing Standing Order against irrelevance and tedious repetition has fallen into almost complete abeyance.What is the ultimate remedy for the congestion of business in the House of Commons? Who can doubt that it is the delegation of provincial business to provincial assemblies? There has been, I say, no lack of expedients. The setting up of four Grand Committees, the institution of the guillotine as a regular feature of House of Commons procedure in regard to every first-class measure, the frequent resort to autumn sittings—these methods have been tried and found wanting. Little prospect of relief is afforded by any projected limitation of speeches or by the carrying over of Bills. Meanwhile, as we have seen, the legitimate claims on the attention of Parliament grow with the needs of a growing population and of an expanding empire. In part it is the problem of new wine in old bottles. Our Parliament was not constructed for its present purposes. Originally it was the legislature for England alone. The provincial affairs of Scotland were first imposed on it, and then those of Ireland. Concurrently, the management of an empire, as varied in its legislative and administrative requirements[pg 386]as the various climates it enjoys, has been added to our responsibilities. You may if you like regard our present House of Commons as an Imperial Legislature stooping from time to time to the consideration of provincial business, or as a provincial Parliament rising in its moments of inspiration to the discharge of high Imperial duties. The same Parliament that has to decide to-day some small matter of purely local Irish or Scottish concern must settle a national strike to-morrow, approve the naval strategy of the Empire, or frame the constitution for a people. To the executive that is responsible to the same Parliament are entrusted all the tremendous issues of peace and war. It is a supreme testimony to the genius of the British peoples for government that we have voyaged so far without shipwreck everywhere except in the region of Irish affairs.By all admissions we have made a mess of Ireland. With singular and unwonted perverseness we have refused for more than a hundred years to apply to Ireland the principles of self-government that have justified their application in every province of the Empire that is mainly inhabited by people of our own race. We have risked and we have incurred the disaffection of the Irish themselves; we have imposed on them and on ourselves untold suffering and expense; we have imperilled the whole fabric of our Parliamentary institutions.It is this last aspect of the problem to which earnest consideration is invited in these few pages. The efficiency of Imperial Parliament is a matter of Imperial concern. By no other means than by maintaining Imperial Parliament at the highest pitch of efficiency can we be assured of good government throughout the empire. I do not myself shrink from any of the[pg 387]logical consequences of the line of argument I have adopted. A truly Imperial Parliament representing England, Ireland and Scotland and, it may be, each of the more important Dependencies of the Crown—that is the goal towards which we should press. But the Irish claim, so far as the claims of the United Kingdom are concerned, was first presented, is most urgent, and must first be satisfied. If we could but rid our minds of party bias, Home Rule for Ireland would be universally regarded as the first step forward in the direction of Imperial efficiency. It is unquestionably a condition precedent to the re-establishment of our control over our own legislative machine.
There is one argument for conferring self-government on the people of Ireland that appeals with irresistible force to many ordinary members of Imperial Parliament. This is the urgent necessity for relieving Imperial Parliament of“provincial”business and setting it free to devote its best energies to the ever-increasing legislative and administrative needs of the empire.
Every year the amount of business that falls to be transacted in the House of Commons grows in volume. Every year fresh proofs are afforded that the legislative machinery of the House of Commons is not only unequal to the strain imposed by the growing volume of business, but that it is incapable even of dealing effectively with the affairs that have always been regarded as coming within its special province. For instance, the House of Commons has practically lost all control over the details of finance. It is true that a fairly generous allowance of Parliamentary time is allotted to the Estimates, but the House rarely, if ever, comes to close grips with the nation's balance sheet, or indeed with the details of any particular vote. Yet a vigilant supervision over finance is one of the primary functions of the House of Commons.
How far the recently established Select Committee on Estimates will be able to assist in promoting national economy remains to be seen. The creation of such a body has not met with universal approval in the House itself. As in the case of all parliamentary Committees, no matter how influential theirpersonnel, the House as a whole may not be found willing to accept the decisions of the new Select Committee as authoritative.
In the sphere of Bill legislation, the condition of things is even worse. Notwithstanding the desperate shifts which have been resorted to in recent years to secure the dispatch of business, we are confronted in every succeeding session with greater congestion in the House of Commons. Big Bills are hustled through with the aid of every undesirable expedient known to parliamentary procedure, and little Bills in pathetic shoals are massacred at the end of each session. The plain fact is that we have not sufficient time in which to do anything properly. No matter what strain we impose on the physical endurance of Members, no matter how far we invade the undoubted privileges of the House of Commons as a deliberative assembly, Parliament is less and less able to fulfil its manifold duties as the paramount legislature in a world-wide state. The damage to local interests is scarcely less serious. Irish finance, for instance, and Irish legislation suffer from the disability of Imperial Parliament to give them due consideration.
Let it not be supposed that the House of Commons is unconscious of its own demerits as a legislative machine. It is nearly sixty years since Sir John Pakington's Committee was appointed to consider“whether by any alteration in the forms and proceedings of this House, the dispatch of public business would be more effectually promoted.”Committees with[pg 375]similar references were set up in 1861, in 1878, and in 1886. As a result of these inquiries two Standing Committees were established at the instance of Mr. W. H. Smith in 1888. The relegation of measures of the second rank to the two Standing Committees was expected to lighten the legislative burdens of the House of Commons very considerably, and this result was in some measure achieved. But the problem of congestion was so far from being solved that it was thought necessary to appoint yet another Committee (Sir Henry Fowler's) in 1906. This Committee recommended the setting up of four Standing Committees, and it is under this system that we are now working. With considerable diffidence I advance the opinion that an even larger use of Standing Committees might be made than has yet been attempted. Part II. of the National Insurance Bill was sent“upstairs,”and the result amply justified what was regarded by cautious Parliamentarians as a daring experiment. But this part of the Insurance Bill was in a large degree uncontroversial. The House of Commons is jealous, and naturally jealous, of its rights over controversial measures of the first class, and has never yet shown any readiness to accept as conclusive the decisions of Standing Committees. Nor should it be forgotten that attendance on a Standing Committee imposes a severe strain on members who are also keenly interested in the business of the House itself. By the time Mr. Speaker takes the chair at a quarter to three o'clock, the members of such Committees have often completed a very fair day's work.
Meanwhile, other and more questionable expedients for facilitating the dispatch of business were coming into general use. It is to Mr. Joseph Ronayne, a member of the Irish Parliamentary Party in the 'seventies[pg 376]of last century, that we owe the policy of organised and scientific obstruction in the House of Commons, and, as a consequence, the drastic use of the closure. Mr. Ronayne was a back-bench member of the Irish Party, of unobtrusive manners but of settled opinions. He was profoundly dissatisfied with the unaggressive tactics of Mr. Isaac Butt, the then leader of the Irish Party.
“We will never make any impression on the House,”he said,“until we interfere in English business. At present Englishmen manage their own affairs in their own way, without any interference from us. Then, when we want to get our business through, they stop us. We ought to show them that two can play at this game of obstruction. Let us interfere in English legislation; let us show them that if we are not strong enough to get our own work done, we are strong enough to prevent them from getting theirs.”159
Mr. Ronayne found in Mr. Joseph Gillis Biggar an apt pupil. Mr. Biggar used to say:“The English stop our Bills. Why don't we stop their Bills? That's the thing to do. No Irish Bills; but stop English Bills. No legislation; that's the policy, sir, that's the policy. Butt's a fool, too gentlemanly; we're all too gentlemanly.”Mr. Biggar's oratory is happily now only a tradition. It was not good oratory of any kind, but it effected its purpose. More skilful exponents of the art of obstruction have appeared since Mr. Biggar's day, but none more successful. The expedient may have been justifiable in the case of a small minority struggling unavailingly against an overwhelming and indifferent majority. It is quite true that during the mild reign of Mr. Butt the British political parties treated legislative proposals emanating from the Irish Parliamentary Party with scant courtesy. It is equally true that obstruction in the House of Commons proved a potent incentive to the more careful consideration[pg 377]of Irish claims. We have travelled far since those days, but obstruction remains as one of the most formidable weapons in the armoury of an opposition. The British political parties have, when in opposition, made full use of a device that Mr. Butt regarded as“undignified, useless, and mischievous.”And not only is obstruction with us, but its hateful if necessary corollary, the closure, has tended every year to become more oppressive. The parliamentary historian of the future will note that it was on June 10th, 1887, that“closure by guillotine,”that monstrous variant of an accursed type, was first proposed in the House of Commons. A few days later the guillotine fell on several of the most important clauses of a new Crimes Bill. So closely associated with Ireland are the most recent and most detrimental changes in the procedure that governs the debates in our Imperial Parliament!
Obstruction or no obstruction, closure by guillotine or by compartments has come to stay as long as our Parliament attempts the otherwise impossible task of legislating for several provinces, and an empire at the same time. Nowadays almost every great Bill is subjected sooner or later to the guillotine. Let us see what this means. A debate in Committee, let us say, has been in progress for some days or weeks. Discussion has been free, and only occasionally, perhaps, has the ordinary form of closure been exercised. A bare half dozen clauses have been disposed of. There remain four or five score more clauses and a motley group of schedules. It becomes obvious that unless something is done to speed up the machinery, the Bill will never get through the House. Then it is that the leader of the House braces himself to his most unwelcome task, and, rising in his place, proposes a rigid time-table for the discussion of the remaining[pg 378]clauses and schedules. A certain number of days are allotted, and to each portion of time is allotted a section of the Bill. Thus, a whole Parliamentary day may be allotted to three clauses. The whole of this day, perhaps, is spent in debating the first line of the first of the three clauses. However this may be, the guillotine falls with remorseless severity at the end of the allotted day, and only Government amendments to the undiscussed parts of the three clauses are taken. Could anything be more clumsy? Was it possible for the ingenuity of man to invent a less businesslike remedy for the congestion of business in Parliament? Indeed, the absurdity of the system is universally acknowledged. I know of no more distressing spectacle than that of the leader of the House of Commons exerting himself to excuse a policy that he, in common with all who reverence the House of Commons, holds in detestation. On such occasions as this, the arguments advanced for what is confessedly a rude invasion of the rights of free speech are of a set pattern. It is urged that the debate has now been in progress for so many days or weeks, and that little advance has been made. Regret is expressed that resort should be had to such an unpopular device as the guillotine. But by what other means, it is asked, is a Government to carry controversial measures? After all, the time-table proposed is a generous one, having regard to all the circumstances of the case, and is certainly more generous than that allowed by the party opposite on such and such an occasion in the past. The leader of the Opposition, in rising, lays his hand on his heart and calls the House to witness that if on former occasions he has made use of the guillotine, he has done so far less frequently than the head of the present administration, and with an entire[pg 379]absence of the levity that marks the present proceedings. The guillotine resolution is carried. There are ineffectual ebullitions of wrath on the opposition side of the House, and there are sinking hearts on the Ministerial Benches. On every such occasion it is felt in all parts of the House that a deadly blow has been aimed at the dignity and the prestige of Parliament.
But the House of Commons is meant to be a deliberative assembly! It holds still the highest place among the democratic assemblies of the world, and its rules and forms and customs have been adopted with unquestioning veneration, wherever democratic communities have set up legislating for themselves. In point ofpersonnel, recent Parliaments have shown no falling off from the standards of other days. In manners, in public spirit, in devotion to parliamentary duty, and in the range of their knowledge and experience, the members of the present Parliament compare most favourably with their predecessors in any Parliament in our history. If they are gagged and closured and guillotined, it is not because their speeches would be unworthy of the place or of the occasion. The simple reason is that there is no time for them. The mother of Parliaments is trying to do the work of four or five Parliaments, and is signally failing in the attempt.
Let this be noted. Though the outcry against the guillotine closure, whenever it is proposed to be exercised, is loudest on the opposition side of the House, the guillotine operates just as much to the disadvantage of private members on the Government side. They are expected to support the Government Bill in broad outline, but they are under no obligation to support it in every detail. They entertain, and are entitled to entertain, their own views as to points of detail,[pg 380]and are no more willing than members opposite that their pet amendments should be sacrificed arbitrarily at the end of an allotted day. Indeed, since they are,ex hypothesi, devoted to the main principles of the Bill, they are likely to be even more solicitous than members of the Opposition that the Bill should be as perfect in detail as in its general scope. Little wonder that under the operation of the guillotine, private Ministerial members tend more and more to become passive and, in the long run, indifferent spectators of the drama that is enacted on the floor of the House when a great Bill is going through, and it is in this respect and not in any other, I think, that modern Parliaments are inferior to others.
There are other aspects of the question that might be dwelt on at some length, if this were the proper occasion. Since it is recognised in all parts of the House that a great measure is not and cannot be adequately discussed under the guillotine closure, a dangerous practice has grown up of leaving difficult matters to be decided by Government departments or by new authorities set up under the Act. Under the National Insurance Act, for instance, the Commissioners are invested for certain purposes with all the legislative prerogatives of the three estates of the realm! I must leave that matter to the constitutional authorities. I am concerned for the moment merely to show that the guillotine closure is a clumsy, unbusinesslike, and dangerous expedient that cannot be regarded as having solved in any satisfactory degree the eternal problem of congestion in a Parliament that attempts to cope at the same time with the local affairs of three or four provinces, and with the affairs of an empire.
Relief might doubtless be found in the more frequent[pg 381]use of what is known as the“kangaroo”closure. This method of dealing with business in Committee was first regularized in 1908. Under this system, power is given to the Chairman to select such Amendments as he believes to be really important, to the exclusion of others. The burden of responsibility thus thrown on the Chair is felt to be enormous, and it is chiefly on this account that the kangaroo closure has been very sparingly exercised.
I say that the setting up of four Standing Committees, and the institution of the guillotine closure have so far failed to relieve appreciably the pressure of business in the House of Commons. Another method has been tried that might reasonably have been expected to produce more fruitful results. I refer to the prolongation of the session of Parliament. In 1906 we had an autumn sitting. In 1907 we sat until August 28th. In 1908 we had an autumn sitting. In 1909 we sat for practically the whole year. The session of 1910 was agreeably diversified by a strenuously contested General Election at either end of it. In 1911 we had yet another autumn sitting, and this year we are threatened with a continuous session extending from February until Christmas time. True enough, a good part of the work of these sessions was wasted by the action of a House of Lords which has since lost some of its powers for obstructive mischief, but it will be observed that of the first class measures destroyed by the Lords, only two—the Education Bill (in a different form), and the Scotch Small Holders Bill—have subsequently made considerable demands on the attention of the House of Commons. The time gained by extending the sittings of these several Parliaments has been chiefly wanted for new legislation. Even if the House of Lords had found it convenient to[pg 382]pass the Liberal measures which it rejected, the pressure of business in the House of Commons must have necessitated the resort to autumn sittings in two or three of the years under consideration. Now, it is a commonplace that autumn sittings are permissible only in very exceptional circumstances. From the point of view of all Members of Parliament, autumn sittings are an unqualified disadvantage. Members, like other folk, want their holidays, and, unlike other folk, have constituencies to look after. Ministers of the Crown who are members of the House of Commons stand in even greater need of holidays than private members, and are not less under obligation to cultivate their constituencies. In addition, they need leisure for the preparation of the great Government measures that are to figure in the King's Speech, Departmental Bills for the ensuing session, and generally for the overhauling of the work of their departments. It is astonishing that the work of the great administrative departments should have been done so well in recent years when regard is had to the extreme pressure under which Ministers have been working. If Sir H. Campbell-Bannerman and Mr. Asquith had not had at their command an abundance of administrative talent of a high quality, there must have been during the last six years many cases of failure in the management of the important Parliamentary Offices of State. One of the chief functions of a Parliamentary Minister in charge of a department is the infusion of new ideas, the re-assembling and adaptation of old machinery, the bringing up to date of an organisation that may have served its purpose well in the past but is no longer adequate to the enlarged requirements of modern times. For such work as this there must be time for cool deliberation. It is scarcely possible for the most[pg 383]capable Minister to devise schemes of administrative reform amidst the excited rumours of the lobbies and the innumerable distractions of life in the House of Commons. Less responsible members of the House of Commons than Ministers find that it is well-nigh impossible to think clearly during the session of Parliament.
Other methods have been proposed for saving time in an overburdened House of Commons. There is the proposal that measures that have reached a certain incomplete stage in one session should be revived at the same stage in the next session of the same Parliament. A Select Committee of unusual authority discussed this matter in 1890. Among the members of the Committee were Mr. Gladstone, Mr. Balfour, Mr. Chamberlain, Mr. John Morley, Mr. Goschen, Sir William Harcourt, the Marquis of Hartington, Mr. Dillon, Sir Edward Clarke, Mr. T. W. Russell, Mr. Labouchere, and Mr. Sexton. Proposals for abridging the procedure on partly considered Bills had been mooted in 1848, in 1861, and again in 1869, but the objects in view of the earlier Committees entirely differed from those of the Committee of 1890. The proposal emanated from the House of Lords, and the original design was to give the Upper House power to hang up Bills coming from the House of Commons. The Lords complained, as they have often complained since, that Bills were sent up to them at a period of the session too late to admit of the exercise of the Lords' rights of revision and amendment. They urged, too, and with some force, that Bills were frequently sent up to them which had not been adequately discussed in the lower House. They desired, therefore, to possess themselves of the power to hold over such Bills to another session. Needless to say, such a proposal as this excited fierce[pg 384]opposition in the House of Commons, and the deliberations of 1848, 1861, and 1869 came to nothing. The Committee of 1890 set out with wholly different intentions. Its object was merely to obviate reiterated arguments in the House of Commons on the same subjects and to save the time of the House. Thanks in a large measure to Mr. Balfour's advocacy the Committee reported that the carrying over of Bills should become the practice of the House, as it is indeed the practice of almost every Parliament in Europe. A formidable minority, however, led by Mr. Gladstone, reported against the proposal, and nothing has yet been done to give effect to the wishes of the majority. To this day the“massacre of the innocents”is a melancholy feature of our proceedings at the end of a session. I doubt myself whether“carrying over”will ever be adopted as a part of the established and regular practice of the House of Commons. Ministers look with cold disfavour on the proposal. They are generally suspicious of private members' little Bills, and private members themselves are not ordinarily enthusiastic about the legislative bantlings of other private members.
One other remedy has been suggested for hastening the dispatch of business in the House of Commons—the limitation of speeches. For every member who made speeches in the House of Commons half a century ago fifty make speeches now. It is not, I think, that we are more loquacious than our ancestors or more greedy of the ready publicity that is accorded to any sort of speech in Parliament. Many interests are now represented in Parliament that were not directly represented at all in the earlier days, and the problems of a more numerous population and of a more complex civilisation make corresponding demands on the time[pg 385]of the House of Commons. The serious man who represents these great new interests in the House of Commons never consciously squanders the time of the House in unnecessary speech. No doubt the prevailing fashion of oratory is marked by diffuseness and lack of discipline, but it is to the comparatively modern scandal of deliberate obstruction by speech that we owe the guillotine and all its attendant evils. From time to time there has been earnest debate as to whether a time limit to speeches should be fixed. That any such policy is difficult of achievement is proved by the fact that even the existing Standing Order against irrelevance and tedious repetition has fallen into almost complete abeyance.
What is the ultimate remedy for the congestion of business in the House of Commons? Who can doubt that it is the delegation of provincial business to provincial assemblies? There has been, I say, no lack of expedients. The setting up of four Grand Committees, the institution of the guillotine as a regular feature of House of Commons procedure in regard to every first-class measure, the frequent resort to autumn sittings—these methods have been tried and found wanting. Little prospect of relief is afforded by any projected limitation of speeches or by the carrying over of Bills. Meanwhile, as we have seen, the legitimate claims on the attention of Parliament grow with the needs of a growing population and of an expanding empire. In part it is the problem of new wine in old bottles. Our Parliament was not constructed for its present purposes. Originally it was the legislature for England alone. The provincial affairs of Scotland were first imposed on it, and then those of Ireland. Concurrently, the management of an empire, as varied in its legislative and administrative requirements[pg 386]as the various climates it enjoys, has been added to our responsibilities. You may if you like regard our present House of Commons as an Imperial Legislature stooping from time to time to the consideration of provincial business, or as a provincial Parliament rising in its moments of inspiration to the discharge of high Imperial duties. The same Parliament that has to decide to-day some small matter of purely local Irish or Scottish concern must settle a national strike to-morrow, approve the naval strategy of the Empire, or frame the constitution for a people. To the executive that is responsible to the same Parliament are entrusted all the tremendous issues of peace and war. It is a supreme testimony to the genius of the British peoples for government that we have voyaged so far without shipwreck everywhere except in the region of Irish affairs.
By all admissions we have made a mess of Ireland. With singular and unwonted perverseness we have refused for more than a hundred years to apply to Ireland the principles of self-government that have justified their application in every province of the Empire that is mainly inhabited by people of our own race. We have risked and we have incurred the disaffection of the Irish themselves; we have imposed on them and on ourselves untold suffering and expense; we have imperilled the whole fabric of our Parliamentary institutions.
It is this last aspect of the problem to which earnest consideration is invited in these few pages. The efficiency of Imperial Parliament is a matter of Imperial concern. By no other means than by maintaining Imperial Parliament at the highest pitch of efficiency can we be assured of good government throughout the empire. I do not myself shrink from any of the[pg 387]logical consequences of the line of argument I have adopted. A truly Imperial Parliament representing England, Ireland and Scotland and, it may be, each of the more important Dependencies of the Crown—that is the goal towards which we should press. But the Irish claim, so far as the claims of the United Kingdom are concerned, was first presented, is most urgent, and must first be satisfied. If we could but rid our minds of party bias, Home Rule for Ireland would be universally regarded as the first step forward in the direction of Imperial efficiency. It is unquestionably a condition precedent to the re-establishment of our control over our own legislative machine.
(II) The Tendency Towards Legislative Disintegration. A Review Of The Statute Book.By H. de R. WalkerThe Act of Union between Great Britain and Ireland was the end of a definite epoch of political concentration. England, Scotland, and Ireland had at last been brought under a single Parliament, with equal and complete legislative authority over the whole of the three Kingdoms. But Union was not accompanied by uniformity, especially in the case of Ireland. Ireland, when joined in a legislative union with Great Britain, was in fact left in possession of separate Administrative, Financial and Judicial institutions. With the separate judicial system I am not further concerned, but at a time when the grant of extended self-government to Ireland is under consideration, I contend that it is of great utility to observe how far Irish Administration and Irish Finance are actually distinct and separate at the present time. Moreover, whatever may have been the intention of the statesmen of the period of the Union, it has also been found to be necessary, owing[pg 389]to the diversity of the institutions, to pass in the Parliament of the United Kingdom, a large number of statutes solely applicable to Ireland. I do not assume that what is now separate should in every case be transferred to the new Irish Authority, nor that what is now done in common should not be so transferred; but I do contend that the existing differentiation should largely guide us in connection with the forthcoming proposals. On the other side, our opponents might of course urge that, as we have already got separate laws and separate administration for Ireland, we obtain under existing arrangements all the diversity that is required, and that we have herein an argument against Home Rule rather than in its favour.We must, therefore, carry the matter a step further. We may say that the separate laws and separate administration, while not conclusive as to the need for Home Rule, will be found to provide a basis for its inception if it can be shown on other grounds to be desirable; but, as it is not my intention to enter upon the general merits or demerits of Home Rule, I pass on to submit the practical consideration that the separate laws and the separate administration for Ireland, as worked in connection with a single Parliament, not only work badly in themselves, but are prejudicial to the orderly development of Parliamentary government. This is my case, and if I can prove it, we should either do away with these separate arrangements or cease to work them in connection with a single Parliament. But it will be easy to prove further that the separate arrangements cannot now be consolidated. There is a continuous tendency to accentuate them in accordance with the requirements of the situation. We shall, therefore, be driven to the conclusion that we must have recourse to a separate Parliament for Ireland in[pg 390]order to be able to work these separate arrangements in a satisfactory manner.In order to substantiate these contentions, I shall discuss the existing position as regards Irish Legislation, at the same time giving some attention to Finance and Administration in their legislative aspects. The uniformity in Anglo-Irish Finances which has been developed during the nineteenth century is still qualified by a certain differentiation. Separate departments of administration involve separate estimates of expenditure; and separate laws may involve separate grants of money.The authors of the Act of Union did not attempt to establish uniformity between Great Britain and Ireland in the matter of either administration or finance, but they followed the precedent of the Union between England and Scotland in the concentration of all legislative powers in a single body, the Parliament of the United Kingdom of Great Britain and Ireland. But Union did not necessarily mean uniformity, and the united Parliament found itself at once compelled to pass separate and different Acts for the several portions of the United Kingdom.In this branch of our subject it will be convenient not to confine our attention to the separate Irish laws, but, since many laws are also passed separately for England and for Scotland, to take a wider view and consider how far Parliament legislates in common for the whole of the United Kingdom, and how far separately for one or more of its component parts. And it follows therefrom that any conclusions that we may form as to the delegation of legislative powers are likely to apply in kind if not in degree to England and Scotland as to Ireland. In the administrative sphere, of course, the position is by no means the[pg 391]same as between the three countries. Scotland has at present no important central department at Edinburgh other than its Local Government Board.It was largely owing to the maintenance under the Union of the separate administration in Ireland, combined with the retention during the first sixteen years of the separate exchequers, that Parliament was obliged to legislate separately for the different portions of the United Kingdom. These were the years of the Napoleonic wars, when very heavy taxation was imposed; and, not only was a separate Act passed, according to the custom of the time, for each article that was to be taxed, but this taxation was, on account of the separate exchequers, imposed by separate Acts for Great Britain and for Ireland. In these circumstances it is not surprising to find that the most numerous Statutes of the first twenty years of the century were those whose application was confined to Great Britain or to Ireland, and that they considerably exceeded in number those which applied to the whole of the United Kingdom or to England alone. After the amalgamation of the exchequers in 1817, the annual average of Statutes applying to Great Britain dropped at once from thirty-five to seven, and gradually decreased still further, since most of the financial measures were passed thenceforward for the whole of the United Kingdom alike. But Ireland, in spite of the financial amalgamation, continued to call for a large amount of separate legislation, and the annual average of Statutes applying solely to Ireland dropped no more than from thirty-one in the decade 1811-20, to nineteen in the following decade, at which point it remained fairly constant during the greatest part of the nineteenth century. Throughout this period, the average annual number[pg 392]of what I call“United Kingdom”Statutes ranged between forty-nine in the decade 1861-70, and thirty-two in 1881-90, and of Statutes that applied solely to England between fifty-eight in 1881-90, and twenty-three in 1801-10. It should be added that the numbers are those of the Public Acts alone, and they would be much higher, particularly in the later years, if the Local and Private Acts were included in the enumeration. But the public Statutes are obviously alone relevant in any enquiry as to the extent to which the Union of the Parliaments has led to legislative uniformity, and it is very significant that, even upon these public matters, Parliament has been unable at any time since the Act of Union, to avoid the necessity for a large amount of separate legislation for Ireland.The figures up to 1890 are taken from Mr. T. A. Spalding's“Federation and Empire,”which contains many interesting particulars, and I have worked out the figures for the two succeeding decades, but not exactly on the same basis. Mr. Spalding includes the Provisional Order Confirmation Acts which were not distinguished from other Public Acts until the middle of last century, but I omit them as not partaking of the character of general legislation, and the number of separate Acts given for England, Scotland and Ireland is considerably reduced by this omission.In my first table, which gives the total, not the annual average, I divide the Public General Acts into two wide categories: those, which I term“United Kingdom”Statutes, that apply to the Dominions, the Colonies, or India, as well as those which apply to the United Kingdom as a whole; and those, which I term“State”Statutes, that apply to England, Scotland or Ireland alone, to any two of these three[pg 393]countries, or, in a very few cases, only to the Channel Islands or the Isle of Man.Public General Acts, 1891-1910.United Kingdom.State.Total.1891-19002953366311901-1910252206458Total5475421,089It will be noticed that there is a curious approximation between the numbers in the two columns, and nearly half the legislative output of Parliament thus takes a form which is at any rate contrary to the spirit of the Act of Union. Excluding financial measures during the few years when the exchequers of Great Britain and Ireland continued to be separate, it would have been anticipated that the legislation under the Union would be uniform, or at least tend to uniformity, and it is very significant that, after more than a hundred years, so much separate legislation should still be required for the several portions of the United Kingdom. But I will postpone any further comments on this situation until I have shown how the“State”Acts are divided up as between the three countries and what are the principal subjects with which they deal.From my classification of the“State”Acts according to countries, I have omitted the twenty-one Acts which apply solely to the Channel Islands and the Isle of Man, one Scottish and Irish Act, and one Welsh Act; and, as to Wales, I may take the opportunity to say that I do not prejudge its claim to separate treatment in any measure of Home Rule all round, but that I shall not specifically mention Wales in this paper,[pg 394]partly in order to avoid the repeated enumeration of the four countries in the place of England, Scotland and Ireland, partly because the claim of the Principality, so far as it may be based on laws and administration that are distinct from those of England, is exceedingly weak. Education, however, is already separately administered, separate Insurance Commissioners have been appointed for Wales, and an important Welsh Intermediate Education Act was passed in 1889, just before the period that is covered by the following table.“State”ACTS, 1891-1910.England.Scotland.Ireland.Great Britain.England and Ireland.Total.1891-1900140747217213241901-1910783757149195Total2181111293130519The above table shows, so far as mere numbers are concerned, how far the pressure upon the Parliament of the United Kingdom would be removed if it were relieved of the responsibility for English, Scottish and Irish legislation, respectively; and, in view of the relative population of the three countries, we cannot be surprised at the conclusion to be drawn from the figures that the main cause of the legislative congestion lies in the fact that the laws relating exclusively to England and those applying to the United Kingdom as a whole, have to be passed by one and the same Parliament. We should, then, seek for some form of delegation which would remove English and Scottish, as well as Irish legislation, from the purview of the existing Parliament; but, in the meanwhile, the figures show[pg 395]that the removal of the Irish business would relieve matters appreciably, and it is probable, without counting the Home Rule Bills, which should not be regarded as exclusively Irish measures, that the Irish legislative proposals take more of the time of the House of Commons than would be represented by the proportion which they bear to the total legislative output.I now pass to the subject-matter of the Acts of Parliament; and I again turn to Mr. Spalding's book. He has made a most interesting analysis of the statutes up to the year 1890, from which it appears that Parliament had been unable to legislate by Acts applying over the whole of the United Kingdom whenever it had had to deal with the administration of justice and the laws relating to any of the following subjects: the tenure and occupation of land; the holding, transfer, and devolution of property (including land); the Church; the poor; local government, rural and urban; roads, railways, and canals; and education.160These are the subjects, that is to say, on which Parliament had been obliged to pass separate laws for the different parts of the United Kingdom, and the study of this centrifugal tendency seemed to me so important that I have continued (on the next page) the analysis for the following twenty years.The first impression derived from this table is that the division between the subjects on which the legislation covers the whole of the United Kingdom, and those on which it has a narrower application, is much the same as during the earlier period. Parliament continues to legislate separately for the“States”in the matters in which it has been its practice so to do, and this in itself is a very significant consideration in view of the strong contrary inducement resulting from[pg 397]the growing congestion of Parliamentary business. Thus, taking the last three headings on the list, we see that in regard to Education, the Poor, and the Church, all the legislation during the twenty years was of a“State”character, while the very numerous Acts relating to Local Administration were in almost every instance equally limited in their application. When we pass to Law and Justice, and to Land and Agriculture, we find that the“State”predominance is not quite so marked, but even so, there were three times as many“State”as“United Kingdom”laws, and we conclude that, though the pressure of Parliamentary business is against it,“State”legislation continues to hold the field over a wide and varied range of legislative activity.Public General Acts.—United Kingdom.161Date.1891-51896-19001901-51906-10TotalImperial.2412131564Army and Navy.1525181472Conditions of Employment.10951034Benefit.652518Finance.37302928124General Administration.40212031112Trade and Commerce.61291845Traffic.4138Law and Justice.16451439Land and Agriculture741820Local Administration341311EducationPoor LawChurchTotal168127106146547States (England, Scotland And Ireland, Separately, And Combinations Of Any Two Of Them).Date.1891-51896-19001901-51906-10TotalImperial.Army and Navy.Conditions of Employment.Benefit.Finance.310417General Administration.7108732Trade and Commerce.9691236Traffic.448Law and Justice.4043931123Land and Agriculture.231172263Local Administration.49552334161Education.910111040Poor Law.4154225Church.3102116Total.15117477119521At the other end of the scale are the subjects on which Parliament is always able to legislate for the whole of the United Kingdom by a single Statute. The Imperial Laws are those which are promoted by the Foreign, Colonial, and India Offices, and concern our relations with Foreign Powers or with some portion of the British Empire. The Army and Navy laws include not only the Naval and Military Works Acts, but any Acts dealing with the Territorial and Reserve Forces. The next two classes may be bracketed together as Labour Laws, but are distinct according as they relate to the conditions of employment of the workers, for instance, in shops, coal mines, or factories, or to the benefits which accrue to them through Workmen's Compensation, Friendly and other Societies, and Old-Age Pensions. In both these cases, also, all the laws apply to the whole of the United Kingdom as do the great majority of the laws in the next two headings of Finance and General Administration. The“State”Acts under Finance are those by which Parliament[pg 398]has made grants towards the local expenditure upon education and towards the relief of the land from local burdens, and has done so separately for the three countries; and the“State”Acts of General Administration deal with the Central Departments which are maintained separately for England, Scotland, and Ireland. The heading of traffic is of dwindling importance, and the enumeration ends with trade and commerce where the“United Kingdom”laws have a slight numerical superiority.I have confined myself here to a few summary remarks upon the different legislative headings as I have discussed the matter in greater detail elsewhere;162nor do I wish to enlarge upon the conclusions that might be drawn from the figures. The South African War is evidently responsible for the greater number of Military Acts in 1896-1900; and the slowing down of the Parliamentary machine during Mr. Balfour's Administration is reflected in the smallness of the total legislative output in 1901-5. Moreover, since the Unionists were in power throughout 1901-5, and the Liberals throughout 1906-10, there is scope for a direct comparison of the records of the two Governments, but such considerations have no bearing upon our present purpose.On the contrary, I hope that the opponents as well as the supporters of Home Rule would agree that, since Home Rule involves a division of legislative powers between the Parliament of the United Kingdom and the Irish Parliament, it is not only pertinent, but necessary, that we should make ourselves acquainted with the lines upon which Parliament has, in practice, divided up its legislative business. For, while the point should not be pressed too far, I would[pg 399]suggest that the separate Irish laws, and, for that matter, the separate English and Scottish laws, constitute a kind of internal devolution, which is all the more significant because Parliament has not been actuated by any preconceived purpose; and that the subjects which are now dealt with by“State”laws are, for that very reason, those of which Parliament should naturally be relieved under any scheme of Home Rule. Similarly, it might be claimed that Parliament should retain those powers which it is now able to exercise in common for the whole of the United Kingdom; but the position is not the same in the two cases. In its anxiety to economise time, Parliament does not hesitate to render its measures applicable to the whole of the United Kingdom by appending to them clauses which regulate separately the application of the provisions to Scotland and Ireland; and where these“application clauses,”as they are called, are long and complicated, it is probable that separate measures for the different parts of the United Kingdom could be adjusted more closely to the local requirements. On the other hand, we may be sure that Parliament would not have passed, for instance, separate Local Government Acts for England, Scotland and Ireland, each of which took up much of its time, unless it had been obliged to do so; and we may assume, whenever such separate Acts are passed, that Parliament had some strong reason for its action, though, of course, I do not imply that Parliament has legislated also for England and Scotland on every subject on which it has passed an Act that related exclusively to Ireland.But it may be said that, while I have sufficiently described these separate laws, I have not explained why they are passed, nor have I given any reason why[pg 400]they must be continued. The separate laws are passed because England, Scotland and Ireland have in many respects distinct and different institutions. In Ireland, for instance, neither the position of the Church, nor the organisation of the police or of the Courts of Justice, nor the law in regard to the tenure of land, nor the system of education or of local government in general, is the same as in England or in Scotland; while Ireland is also subject to an exceptional code of criminal law. And the institutions of England and Scotland differ also very widely from one another.“After a long period of intimate union between England and Scotland,”said Lord Lothian, in 1887, in a speech in the House of Lords upon the proposed enlargement of the powers of the Secretary for Scotland,“people are apt to forget how entirely distinctive and different the administration of Scotland is from that of England. There is almost no point of resemblance. There are different forms of religion and different social forms affecting almost every portion of Scotland. There is a different code of education—an entirely different code of education—and different systems of agriculture. There are also different systems affecting the law of lunacy and parochial laws, and almost every other department.”163And these differences between the three countries, which are the direct cause of the distinctive laws, must surely be regarded as permanent, seeing that they have persisted since the respective Acts of Union. Neither Scotland nor Ireland would willingly surrender its separate judicial and ecclesiastical institutions or its separate machinery of administration. Indeed, the prevailing tendency favours increased differentiation, and it has the support of Unionists as well as of Liberals. The Unionists have[pg 401]recently created new Irish Departments in Dublin, such as the Department of Agriculture and Technical Instruction, and when the Liberals had re-established the office of Secretary for Scotland after a lapse of nearly a century and a half, the Unionists proceeded to add considerably to its powers.We may thus take it as axiomatic that, in the absence of Imperial Federation, or of a proposal such as Home Rule whereby Parliament can be relieved of some of its legislative duties, it must continue to occupy itself with five different categories of laws: Imperial laws, affecting the British Dominions beyond the seas; laws applying to the whole of the United Kingdom; and laws which relate exclusively to England, to Scotland and to Ireland. Moreover, while each legislative sphere has its parallel sphere of administration, the sole and supreme authority, except so far as the Dominions look after their own affairs, is centred, as with the legislative power, in a single body, the Government of the United Kingdom, which holds an absolutely unique position in the extent and variety of its responsibilities. In both these functions, then, we may have serious doubts as to how the system works, but I am unable to give any direct evidence in regard to the Executive. Though it is inherently improbable that a small group of men should be able adequately to supervise so varied a collection of interests, the subject is obviously one in which it is almost impossible to obtain precise information. The Cabinet of 1880-5 was not altogether happy in its multiplex activities, and complaints were rife of the neglect of home affairs during the South African War. Speaking generally, indeed, the Unionists, according to their adversaries, subordinate domestic to Imperial interests, while the critics of the Liberals would say that the[pg 402]Liberals reverse the process. And there we may leave the question, while agreeing, I hope, that Home Rule, or preferably Home Rule all round, would be beneficial so far as it would relieve the pressure upon a Cabinet that can scarcely fail to be overworked. And if there is any doubt as to the Cabinet there can be no doubt that Parliament is overworked to a very grievous extent. Irrespective of the strain upon individual numbers, it is admittedly unequal to the efficient discharge of its manifold functions. It cannot do all that it should do, and much of what it does do, it does without proper discussion. As to the first of these shortcomings, I am glad to be able to quote from an article in theRound Table164for December, 1911, in which, after a detailed comparison of the time that is available to the House of Commons with the demands that are made upon it, the conclusion is reached that“the legislative requirements of the country are too great for the available Parliamentary time.”And, as to the absence of proper discussion, the reader may be referred to the remarks on every occasion when the use of the guillotine closure is proposed, while the final inadequacy of the House of Commons is implicit in the recent admission of the Prime Minister, when proposing the guillotine motion upon the National Insurance Bill, that, without a resort to this method of procedure, the House cannot carry out the duties which it is required by the country and the interests of the Empire to discharge. Moreover, it should be borne in mind that, in trying to get all this diverse work out of a single Parliament, Governments have not only grievously restricted its legislative powers, but have also reduced the opportunities for discussion on administration and finance which are at least equally[pg 403]important functions of any supreme Parliamentary authority.But the agitation in connection with the National Insurance Act will keep public attention sufficiently focussed upon the manner in which Parliament does its legislative work, and I pass from the amount of the work to the consequences arising from its variety. As the Cabinet must supervise both domestic and Imperial affairs, and Parliament must deal separately with these two branches of legislation, so the electorate should not overlook either the Imperial or domestic views of those who seek its suffrages. But an elector may be faced by the difficulty that he likes the Imperial views of one candidate and the domestic views of the other, while the same man must represent him in both of these aspects in the House of Commons. In 1900 the Liberal supporter of the South African War was confronted with this dilemma in an acute form; and, in view of subsequent disputations, it may be taken to have been unfortunate that the party which won the elections of 1900, almost entirely on Imperial considerations, should thereby have been placed also in charge of our domestic concerns. And there was a similar confusion of issues in 1906, when, because a man was a tariff reformer or a free-trader, it did not necessarily follow that, in the former event, he was for, or, in the latter, against, the Conservative policy in regard to the liquor trade or religious instruction in the elementary schools. No small advantage, therefore, would accrue from Home Rule all round in the fact that separate categories of issues would be placed separately before the constituencies.And the electoral confusion is reproduced in the House of Commons; for there can be no doubt that the Liberals suffered under this disability in the Parliament[pg 404]of 1900, and the Conservatives in that of 1906. But, in the case of the Member, the connection with so many diverse interests has also other objectionable consequences. Supposing he sits for an English constituency, his responsibility extends to Scottish and Irish laws and administration, as to which he will know little or nothing, while his constituents will usually be indifferent as to what he may do. Illustrating this matter from my own experience as an English county Member, I may say, regarding my votes upon the Scottish Small Landholders and Valuation Bills, and the Irish Evicted Tenants and Land Bills, that not one of these subjects brought me any letter from a constituent, or was the occasion of any reference whatever in the course of any of my political meetings. And, since there is no reason to suppose that other English constituencies would feel or act differently, all these votes of English Members are in reality irresponsible, and they are to be condemned upon the principles of representative Government. For, in spite of the observance of its outward forms, its true spirit is absent wherever there is a failure of the healthy interplay of influences between a Member and his constituents; and here again, Home Rule all round could alone relieve the situation. Through the establishment of separate Parliaments in England, Scotland and Ireland, a Member's work in each of these bodies would be confined, as regards public affairs, to matters by which his constituents were or might be affected and in which there was the normal and proper relation between the electors and those whom they had elected.Moreover, there is a further evil effect arising from the inevitable indifference of constituents to much of the legislation which does not apply to the country[pg 405]in which they live. In view of the divergence of interests and diversity of classes represented in every Parliament, there is probably no legislature in which there is not a tendency to“log-rolling,”by which I mean arrangements among Members to support measures about which they do not care in return for help with measures in which they are particularly concerned. This temptation will be greater when the Parliament is not only overworked, as is the case here, but the struggle is intensified by the rivalry between English, Scottish, and Irish claims upon its attention. In the resultant situation, indeed, arrangements of a“log-rolling”character are likely to be made even upon the wider issues, and the fact should not be overlooked that they are rendered more easy because so many laws are passed separately for England, Scotland, and Ireland. In theory, of course, as Professor Dicey claims, it is the duty of a Member, whencesoever returned, to consult for the interests of the whole nation, and not to safeguard the interests of particular localities or countries; but in practice he cannot do it. The subjects for legislation are so complicated that he cannot make himself acquainted with them as they affect each of the three countries, and the pressure upon Parliament is so tremendous that he is almost bound to try to get for his own country a fair share of such time as is available. It is, therefore, wiser to bow to the inevitable, and enable the English, Scottish, or Irish Member, as the case may be, to look after his own concerns in his own Parliament, untroubled by the presence of others who do not understand his business and will not be called to account by their constituents for what they may do, while leaving the control of all common affairs, as at present, to the Parliament of the United Kingdom.[pg 406]There are, however, valid reasons why Ireland has a pre-eminent claim to priority of treatment. Ireland has been much less successful than England or Scotland in securing that Parliamentary action should be in accordance with the wishes of the majority of its Members in the House of Commons. Where the representatives of three countries together constitute a legislative body, it is probable that each of these countries will at some time or other be under the sway of a majority different from that which would be formed if its own representatives alone decided upon its composition; but it is clear that this fate is less likely to overtake the country which has a great numerical preponderance in the legislature in question. Thus, taking the period since 1885, England, holding 465 of the 670 seats in the House of Commons, was only in this position from 1892-5, for at the two elections in 1910 there was almost a tie in the return of 226 Ministerialists and 239 supporters of the Opposition. And this great preponderance of one of the countries adds to the likelihood that the others may have the majority of their own representatives in a minority of the whole representation. I have not been discussing the separate case of Wales, and so I will only say that, of the 30 Welsh Members, on no occasion in the twenty-seven years have the Unionists been able to muster more than 8; and Scotland has scarcely responded more closely to the swing of the pendulum in England. Though the Unionists were in power for fifteen out of the twenty-seven years, they had a majority in Scotland, and that a very small one, only in the Parliament of 1900. But Scotland on the whole does not come off badly, since it is not the practice of the Members from the other countries to vote down the Scottish representatives. Where Scotland does suffer is in their inability,[pg 407]owing to their numerical weakness, to secure a fair share of attention for Scottish domestic concerns. A law on Scottish Education, for instance, though it got into the Queen's Speech for 1900, was not enacted until 1908, and the Scottish Members never have more than one day in the Session for the discussion of all the Scottish Estimates. When we pass to Ireland, it is difficult to make any similar comparison, for, though the Nationalists sit permanently in opposition in the House of Commons, it does not follow that they should be classed as being opposed to the Liberals as well as to the Unionists. If we regard them as opposed to both of the principal parties, then, when the Liberals have been in power, every Irish Member with one single exception must be reckoned to have been among their opponents. But, if we prefer to base our calculations upon the sort of informal understanding which has existed during most of the time between the Liberals and the Nationalists, we must confine our attention, from the present point of view, to the years of Unionist Government, and we find that, of the 103 Irish representatives, the number of Irish Unionists during those periods has never exceeded 23 and has been as low as 19. Thus, putting the various figures which have been quoted into percentages, it becomes evident that England has had to live under a Liberal Government when the Unionists (in 1892-5) had 58 per cent. of the total English representation; Scotland has had to live under a Unionist Government when the Liberals (in 1886-92) had 60 per cent. of the total Scottish representation; whereas Ireland has had to live under a Unionist Government when the Nationalists had as much as 81 per cent. of the total Irish representation. And it must be borne in mind that, while England and Scotland are only rarely governed in opposition to the wishes[pg 408]of the majority of their representatives, Ireland has continued to be preponderantly Nationalist irrespective of party fluctuations in Great Britain.In these circumstances, Ireland, whether in its Nationalist or its Unionist constituencies, never expresses any other opinion than for or against Home Rule. We regret the confusion at all elections in the United Kingdom between Imperial and domestic issues, but at least we get an idea of the views of the electorate in Great Britain on some big Imperial question, or as between Free Trade and Protection. In Ireland we get nothing of the kind; it is impossible to say, for instance, whether Ireland is in favour of Tariff Reform or not; and the votes of the great majority of its representatives in the House of Commons are usually given, not with reference to the views of their constituents on the question under discussion, but solely in relation to the attainment of Home Rule. Now, this attitude of the Nationalists is evidently adopted because Irish domestic concerns are decided in the House of Commons by men who are not Irish representatives; and it may be remarked that Scotsmen, and even, to some extent, Englishmen, are also liable to have their wishes on purely domestic affairs over-ridden by the representatives of the other countries, but that they do not, on that account, subordinate everything else to the effort to release themselves from this anomaly.But, apart from the consideration, as we have seen above, that the Irish have been the principal sufferers, the Irish electorate are entitled, if this is a free country, to choose the issue which shall be put forward, and we should sympathise with them when they ask to be allowed to manage their domestic affairs without interference, in accordance with the principles of representative government. It is immaterial how[pg 409]far the Irish Nationalists have actually been able to get their own way in the House of Commons, for their efforts have usually been in vain until after a lawless agitation in Ireland, which, as a means of securing redress for grievances, is as demoralising to the legislator as to the elector. And when the law for which the Irish have asked has been passed without any such outside pressure, it is evident that the votes of the majority of the Irish representatives would have been useless unless sufficient English and Scottish Members had been willing to fall in with their wishes. Every Irish Nationalist knows, therefore, that a majority of the Irish representatives is by itself utterly unable to carry a purely Irish measure through the House of Commons, however often it may have been advocated, and however large may have been the Irish majorities in its favour; and representative government cannot fail to be brought into disrepute in Ireland, on account of its futility under existing conditions. Moreover, if representative institutions are to work well, there should be, so far as is possible, in every constituency supporters and opponents of the Government on the current questions of the day, for it is only by constant discussion and interaction that we can secure a sound relation between Parliament and the country. But nothing of the kind takes place in Ireland. Through their dissociation from the division into parties that prevails in Great Britain, the bulk of the Irish people are not informed as to the views on topics other than Home Rule of the Liberals, Unionists, or Labour men. In the greater part of Ireland, the Nationalist candidate is returned unopposed or is opposed only by another Nationalist; and when this is so, the party in power, whether it be Unionist or Liberal, is usually without any machinery by which its case is put before[pg 410]the electorate. Elsewhere, in Ireland, the Unionists have their organisation against Home Rule, and so far the Liberals are even in a worse position, for, though they have had the supreme control of affairs for the last six years, there are not half a dozen constituencies in Ireland where they have any means by which they can learn the views of the people or explain the policy of the Government. And yet Ireland, like the rest of the United Kingdom, is supposed to live under representative institutions! No doubt I may be reminded that the Nationalist Members are in touch with local opinion in Ireland, and that they are the informal allies of the Liberals; but the Nationalist attitude is concerned with little else but Home Rule, and it is just because, in existing circumstances, the Irish do not declare themselves, or perhaps even form an opinion, on ordinary political issues, that our representative system has broken down so much more severely in Ireland than in England or in Scotland.And thus I conclude my survey of the practical working of the Act of Union. I have shown that the domestic affairs of the three countries are, in continuance of what was done before the Union of the Parliaments, or as the result of subsequent developments, ordered in many respects separately for England, Scotland, and Ireland, and that there is no question in any quarter of the elimination of these separate arrangements. But they have led, as has been further demonstrated, to many difficulties in connection with our system of Parliamentary government, and it is only by the sub-division of the responsibilities between two or more Parliaments that such difficulties can satisfactorily be overcome. We have, therefore, valid grounds for the advocacy of Home Rule, apart from the particular claims of Ireland,[pg 411]though they, of course, serve to strengthen the argument; and, in considering what form the proposals should take, we cannot do better than study carefully how far England, Scotland, and Ireland are now governed in common and how far each of the three countries is governed separately. For the subjects in which there is now separate treatment are those which would be transferred under Home Rule with the smallest breach of continuity, or rather, in the natural course of our constitutional evolution.
The Act of Union between Great Britain and Ireland was the end of a definite epoch of political concentration. England, Scotland, and Ireland had at last been brought under a single Parliament, with equal and complete legislative authority over the whole of the three Kingdoms. But Union was not accompanied by uniformity, especially in the case of Ireland. Ireland, when joined in a legislative union with Great Britain, was in fact left in possession of separate Administrative, Financial and Judicial institutions. With the separate judicial system I am not further concerned, but at a time when the grant of extended self-government to Ireland is under consideration, I contend that it is of great utility to observe how far Irish Administration and Irish Finance are actually distinct and separate at the present time. Moreover, whatever may have been the intention of the statesmen of the period of the Union, it has also been found to be necessary, owing[pg 389]to the diversity of the institutions, to pass in the Parliament of the United Kingdom, a large number of statutes solely applicable to Ireland. I do not assume that what is now separate should in every case be transferred to the new Irish Authority, nor that what is now done in common should not be so transferred; but I do contend that the existing differentiation should largely guide us in connection with the forthcoming proposals. On the other side, our opponents might of course urge that, as we have already got separate laws and separate administration for Ireland, we obtain under existing arrangements all the diversity that is required, and that we have herein an argument against Home Rule rather than in its favour.
We must, therefore, carry the matter a step further. We may say that the separate laws and separate administration, while not conclusive as to the need for Home Rule, will be found to provide a basis for its inception if it can be shown on other grounds to be desirable; but, as it is not my intention to enter upon the general merits or demerits of Home Rule, I pass on to submit the practical consideration that the separate laws and the separate administration for Ireland, as worked in connection with a single Parliament, not only work badly in themselves, but are prejudicial to the orderly development of Parliamentary government. This is my case, and if I can prove it, we should either do away with these separate arrangements or cease to work them in connection with a single Parliament. But it will be easy to prove further that the separate arrangements cannot now be consolidated. There is a continuous tendency to accentuate them in accordance with the requirements of the situation. We shall, therefore, be driven to the conclusion that we must have recourse to a separate Parliament for Ireland in[pg 390]order to be able to work these separate arrangements in a satisfactory manner.
In order to substantiate these contentions, I shall discuss the existing position as regards Irish Legislation, at the same time giving some attention to Finance and Administration in their legislative aspects. The uniformity in Anglo-Irish Finances which has been developed during the nineteenth century is still qualified by a certain differentiation. Separate departments of administration involve separate estimates of expenditure; and separate laws may involve separate grants of money.
The authors of the Act of Union did not attempt to establish uniformity between Great Britain and Ireland in the matter of either administration or finance, but they followed the precedent of the Union between England and Scotland in the concentration of all legislative powers in a single body, the Parliament of the United Kingdom of Great Britain and Ireland. But Union did not necessarily mean uniformity, and the united Parliament found itself at once compelled to pass separate and different Acts for the several portions of the United Kingdom.
In this branch of our subject it will be convenient not to confine our attention to the separate Irish laws, but, since many laws are also passed separately for England and for Scotland, to take a wider view and consider how far Parliament legislates in common for the whole of the United Kingdom, and how far separately for one or more of its component parts. And it follows therefrom that any conclusions that we may form as to the delegation of legislative powers are likely to apply in kind if not in degree to England and Scotland as to Ireland. In the administrative sphere, of course, the position is by no means the[pg 391]same as between the three countries. Scotland has at present no important central department at Edinburgh other than its Local Government Board.
It was largely owing to the maintenance under the Union of the separate administration in Ireland, combined with the retention during the first sixteen years of the separate exchequers, that Parliament was obliged to legislate separately for the different portions of the United Kingdom. These were the years of the Napoleonic wars, when very heavy taxation was imposed; and, not only was a separate Act passed, according to the custom of the time, for each article that was to be taxed, but this taxation was, on account of the separate exchequers, imposed by separate Acts for Great Britain and for Ireland. In these circumstances it is not surprising to find that the most numerous Statutes of the first twenty years of the century were those whose application was confined to Great Britain or to Ireland, and that they considerably exceeded in number those which applied to the whole of the United Kingdom or to England alone. After the amalgamation of the exchequers in 1817, the annual average of Statutes applying to Great Britain dropped at once from thirty-five to seven, and gradually decreased still further, since most of the financial measures were passed thenceforward for the whole of the United Kingdom alike. But Ireland, in spite of the financial amalgamation, continued to call for a large amount of separate legislation, and the annual average of Statutes applying solely to Ireland dropped no more than from thirty-one in the decade 1811-20, to nineteen in the following decade, at which point it remained fairly constant during the greatest part of the nineteenth century. Throughout this period, the average annual number[pg 392]of what I call“United Kingdom”Statutes ranged between forty-nine in the decade 1861-70, and thirty-two in 1881-90, and of Statutes that applied solely to England between fifty-eight in 1881-90, and twenty-three in 1801-10. It should be added that the numbers are those of the Public Acts alone, and they would be much higher, particularly in the later years, if the Local and Private Acts were included in the enumeration. But the public Statutes are obviously alone relevant in any enquiry as to the extent to which the Union of the Parliaments has led to legislative uniformity, and it is very significant that, even upon these public matters, Parliament has been unable at any time since the Act of Union, to avoid the necessity for a large amount of separate legislation for Ireland.
The figures up to 1890 are taken from Mr. T. A. Spalding's“Federation and Empire,”which contains many interesting particulars, and I have worked out the figures for the two succeeding decades, but not exactly on the same basis. Mr. Spalding includes the Provisional Order Confirmation Acts which were not distinguished from other Public Acts until the middle of last century, but I omit them as not partaking of the character of general legislation, and the number of separate Acts given for England, Scotland and Ireland is considerably reduced by this omission.
In my first table, which gives the total, not the annual average, I divide the Public General Acts into two wide categories: those, which I term“United Kingdom”Statutes, that apply to the Dominions, the Colonies, or India, as well as those which apply to the United Kingdom as a whole; and those, which I term“State”Statutes, that apply to England, Scotland or Ireland alone, to any two of these three[pg 393]countries, or, in a very few cases, only to the Channel Islands or the Isle of Man.
Public General Acts, 1891-1910.
It will be noticed that there is a curious approximation between the numbers in the two columns, and nearly half the legislative output of Parliament thus takes a form which is at any rate contrary to the spirit of the Act of Union. Excluding financial measures during the few years when the exchequers of Great Britain and Ireland continued to be separate, it would have been anticipated that the legislation under the Union would be uniform, or at least tend to uniformity, and it is very significant that, after more than a hundred years, so much separate legislation should still be required for the several portions of the United Kingdom. But I will postpone any further comments on this situation until I have shown how the“State”Acts are divided up as between the three countries and what are the principal subjects with which they deal.
From my classification of the“State”Acts according to countries, I have omitted the twenty-one Acts which apply solely to the Channel Islands and the Isle of Man, one Scottish and Irish Act, and one Welsh Act; and, as to Wales, I may take the opportunity to say that I do not prejudge its claim to separate treatment in any measure of Home Rule all round, but that I shall not specifically mention Wales in this paper,[pg 394]partly in order to avoid the repeated enumeration of the four countries in the place of England, Scotland and Ireland, partly because the claim of the Principality, so far as it may be based on laws and administration that are distinct from those of England, is exceedingly weak. Education, however, is already separately administered, separate Insurance Commissioners have been appointed for Wales, and an important Welsh Intermediate Education Act was passed in 1889, just before the period that is covered by the following table.
“State”ACTS, 1891-1910.
The above table shows, so far as mere numbers are concerned, how far the pressure upon the Parliament of the United Kingdom would be removed if it were relieved of the responsibility for English, Scottish and Irish legislation, respectively; and, in view of the relative population of the three countries, we cannot be surprised at the conclusion to be drawn from the figures that the main cause of the legislative congestion lies in the fact that the laws relating exclusively to England and those applying to the United Kingdom as a whole, have to be passed by one and the same Parliament. We should, then, seek for some form of delegation which would remove English and Scottish, as well as Irish legislation, from the purview of the existing Parliament; but, in the meanwhile, the figures show[pg 395]that the removal of the Irish business would relieve matters appreciably, and it is probable, without counting the Home Rule Bills, which should not be regarded as exclusively Irish measures, that the Irish legislative proposals take more of the time of the House of Commons than would be represented by the proportion which they bear to the total legislative output.
I now pass to the subject-matter of the Acts of Parliament; and I again turn to Mr. Spalding's book. He has made a most interesting analysis of the statutes up to the year 1890, from which it appears that Parliament had been unable to legislate by Acts applying over the whole of the United Kingdom whenever it had had to deal with the administration of justice and the laws relating to any of the following subjects: the tenure and occupation of land; the holding, transfer, and devolution of property (including land); the Church; the poor; local government, rural and urban; roads, railways, and canals; and education.160These are the subjects, that is to say, on which Parliament had been obliged to pass separate laws for the different parts of the United Kingdom, and the study of this centrifugal tendency seemed to me so important that I have continued (on the next page) the analysis for the following twenty years.
The first impression derived from this table is that the division between the subjects on which the legislation covers the whole of the United Kingdom, and those on which it has a narrower application, is much the same as during the earlier period. Parliament continues to legislate separately for the“States”in the matters in which it has been its practice so to do, and this in itself is a very significant consideration in view of the strong contrary inducement resulting from[pg 397]the growing congestion of Parliamentary business. Thus, taking the last three headings on the list, we see that in regard to Education, the Poor, and the Church, all the legislation during the twenty years was of a“State”character, while the very numerous Acts relating to Local Administration were in almost every instance equally limited in their application. When we pass to Law and Justice, and to Land and Agriculture, we find that the“State”predominance is not quite so marked, but even so, there were three times as many“State”as“United Kingdom”laws, and we conclude that, though the pressure of Parliamentary business is against it,“State”legislation continues to hold the field over a wide and varied range of legislative activity.
Public General Acts.—United Kingdom.161
States (England, Scotland And Ireland, Separately, And Combinations Of Any Two Of Them).
At the other end of the scale are the subjects on which Parliament is always able to legislate for the whole of the United Kingdom by a single Statute. The Imperial Laws are those which are promoted by the Foreign, Colonial, and India Offices, and concern our relations with Foreign Powers or with some portion of the British Empire. The Army and Navy laws include not only the Naval and Military Works Acts, but any Acts dealing with the Territorial and Reserve Forces. The next two classes may be bracketed together as Labour Laws, but are distinct according as they relate to the conditions of employment of the workers, for instance, in shops, coal mines, or factories, or to the benefits which accrue to them through Workmen's Compensation, Friendly and other Societies, and Old-Age Pensions. In both these cases, also, all the laws apply to the whole of the United Kingdom as do the great majority of the laws in the next two headings of Finance and General Administration. The“State”Acts under Finance are those by which Parliament[pg 398]has made grants towards the local expenditure upon education and towards the relief of the land from local burdens, and has done so separately for the three countries; and the“State”Acts of General Administration deal with the Central Departments which are maintained separately for England, Scotland, and Ireland. The heading of traffic is of dwindling importance, and the enumeration ends with trade and commerce where the“United Kingdom”laws have a slight numerical superiority.
I have confined myself here to a few summary remarks upon the different legislative headings as I have discussed the matter in greater detail elsewhere;162nor do I wish to enlarge upon the conclusions that might be drawn from the figures. The South African War is evidently responsible for the greater number of Military Acts in 1896-1900; and the slowing down of the Parliamentary machine during Mr. Balfour's Administration is reflected in the smallness of the total legislative output in 1901-5. Moreover, since the Unionists were in power throughout 1901-5, and the Liberals throughout 1906-10, there is scope for a direct comparison of the records of the two Governments, but such considerations have no bearing upon our present purpose.
On the contrary, I hope that the opponents as well as the supporters of Home Rule would agree that, since Home Rule involves a division of legislative powers between the Parliament of the United Kingdom and the Irish Parliament, it is not only pertinent, but necessary, that we should make ourselves acquainted with the lines upon which Parliament has, in practice, divided up its legislative business. For, while the point should not be pressed too far, I would[pg 399]suggest that the separate Irish laws, and, for that matter, the separate English and Scottish laws, constitute a kind of internal devolution, which is all the more significant because Parliament has not been actuated by any preconceived purpose; and that the subjects which are now dealt with by“State”laws are, for that very reason, those of which Parliament should naturally be relieved under any scheme of Home Rule. Similarly, it might be claimed that Parliament should retain those powers which it is now able to exercise in common for the whole of the United Kingdom; but the position is not the same in the two cases. In its anxiety to economise time, Parliament does not hesitate to render its measures applicable to the whole of the United Kingdom by appending to them clauses which regulate separately the application of the provisions to Scotland and Ireland; and where these“application clauses,”as they are called, are long and complicated, it is probable that separate measures for the different parts of the United Kingdom could be adjusted more closely to the local requirements. On the other hand, we may be sure that Parliament would not have passed, for instance, separate Local Government Acts for England, Scotland and Ireland, each of which took up much of its time, unless it had been obliged to do so; and we may assume, whenever such separate Acts are passed, that Parliament had some strong reason for its action, though, of course, I do not imply that Parliament has legislated also for England and Scotland on every subject on which it has passed an Act that related exclusively to Ireland.
But it may be said that, while I have sufficiently described these separate laws, I have not explained why they are passed, nor have I given any reason why[pg 400]they must be continued. The separate laws are passed because England, Scotland and Ireland have in many respects distinct and different institutions. In Ireland, for instance, neither the position of the Church, nor the organisation of the police or of the Courts of Justice, nor the law in regard to the tenure of land, nor the system of education or of local government in general, is the same as in England or in Scotland; while Ireland is also subject to an exceptional code of criminal law. And the institutions of England and Scotland differ also very widely from one another.“After a long period of intimate union between England and Scotland,”said Lord Lothian, in 1887, in a speech in the House of Lords upon the proposed enlargement of the powers of the Secretary for Scotland,“people are apt to forget how entirely distinctive and different the administration of Scotland is from that of England. There is almost no point of resemblance. There are different forms of religion and different social forms affecting almost every portion of Scotland. There is a different code of education—an entirely different code of education—and different systems of agriculture. There are also different systems affecting the law of lunacy and parochial laws, and almost every other department.”163And these differences between the three countries, which are the direct cause of the distinctive laws, must surely be regarded as permanent, seeing that they have persisted since the respective Acts of Union. Neither Scotland nor Ireland would willingly surrender its separate judicial and ecclesiastical institutions or its separate machinery of administration. Indeed, the prevailing tendency favours increased differentiation, and it has the support of Unionists as well as of Liberals. The Unionists have[pg 401]recently created new Irish Departments in Dublin, such as the Department of Agriculture and Technical Instruction, and when the Liberals had re-established the office of Secretary for Scotland after a lapse of nearly a century and a half, the Unionists proceeded to add considerably to its powers.
We may thus take it as axiomatic that, in the absence of Imperial Federation, or of a proposal such as Home Rule whereby Parliament can be relieved of some of its legislative duties, it must continue to occupy itself with five different categories of laws: Imperial laws, affecting the British Dominions beyond the seas; laws applying to the whole of the United Kingdom; and laws which relate exclusively to England, to Scotland and to Ireland. Moreover, while each legislative sphere has its parallel sphere of administration, the sole and supreme authority, except so far as the Dominions look after their own affairs, is centred, as with the legislative power, in a single body, the Government of the United Kingdom, which holds an absolutely unique position in the extent and variety of its responsibilities. In both these functions, then, we may have serious doubts as to how the system works, but I am unable to give any direct evidence in regard to the Executive. Though it is inherently improbable that a small group of men should be able adequately to supervise so varied a collection of interests, the subject is obviously one in which it is almost impossible to obtain precise information. The Cabinet of 1880-5 was not altogether happy in its multiplex activities, and complaints were rife of the neglect of home affairs during the South African War. Speaking generally, indeed, the Unionists, according to their adversaries, subordinate domestic to Imperial interests, while the critics of the Liberals would say that the[pg 402]Liberals reverse the process. And there we may leave the question, while agreeing, I hope, that Home Rule, or preferably Home Rule all round, would be beneficial so far as it would relieve the pressure upon a Cabinet that can scarcely fail to be overworked. And if there is any doubt as to the Cabinet there can be no doubt that Parliament is overworked to a very grievous extent. Irrespective of the strain upon individual numbers, it is admittedly unequal to the efficient discharge of its manifold functions. It cannot do all that it should do, and much of what it does do, it does without proper discussion. As to the first of these shortcomings, I am glad to be able to quote from an article in theRound Table164for December, 1911, in which, after a detailed comparison of the time that is available to the House of Commons with the demands that are made upon it, the conclusion is reached that“the legislative requirements of the country are too great for the available Parliamentary time.”And, as to the absence of proper discussion, the reader may be referred to the remarks on every occasion when the use of the guillotine closure is proposed, while the final inadequacy of the House of Commons is implicit in the recent admission of the Prime Minister, when proposing the guillotine motion upon the National Insurance Bill, that, without a resort to this method of procedure, the House cannot carry out the duties which it is required by the country and the interests of the Empire to discharge. Moreover, it should be borne in mind that, in trying to get all this diverse work out of a single Parliament, Governments have not only grievously restricted its legislative powers, but have also reduced the opportunities for discussion on administration and finance which are at least equally[pg 403]important functions of any supreme Parliamentary authority.
But the agitation in connection with the National Insurance Act will keep public attention sufficiently focussed upon the manner in which Parliament does its legislative work, and I pass from the amount of the work to the consequences arising from its variety. As the Cabinet must supervise both domestic and Imperial affairs, and Parliament must deal separately with these two branches of legislation, so the electorate should not overlook either the Imperial or domestic views of those who seek its suffrages. But an elector may be faced by the difficulty that he likes the Imperial views of one candidate and the domestic views of the other, while the same man must represent him in both of these aspects in the House of Commons. In 1900 the Liberal supporter of the South African War was confronted with this dilemma in an acute form; and, in view of subsequent disputations, it may be taken to have been unfortunate that the party which won the elections of 1900, almost entirely on Imperial considerations, should thereby have been placed also in charge of our domestic concerns. And there was a similar confusion of issues in 1906, when, because a man was a tariff reformer or a free-trader, it did not necessarily follow that, in the former event, he was for, or, in the latter, against, the Conservative policy in regard to the liquor trade or religious instruction in the elementary schools. No small advantage, therefore, would accrue from Home Rule all round in the fact that separate categories of issues would be placed separately before the constituencies.
And the electoral confusion is reproduced in the House of Commons; for there can be no doubt that the Liberals suffered under this disability in the Parliament[pg 404]of 1900, and the Conservatives in that of 1906. But, in the case of the Member, the connection with so many diverse interests has also other objectionable consequences. Supposing he sits for an English constituency, his responsibility extends to Scottish and Irish laws and administration, as to which he will know little or nothing, while his constituents will usually be indifferent as to what he may do. Illustrating this matter from my own experience as an English county Member, I may say, regarding my votes upon the Scottish Small Landholders and Valuation Bills, and the Irish Evicted Tenants and Land Bills, that not one of these subjects brought me any letter from a constituent, or was the occasion of any reference whatever in the course of any of my political meetings. And, since there is no reason to suppose that other English constituencies would feel or act differently, all these votes of English Members are in reality irresponsible, and they are to be condemned upon the principles of representative Government. For, in spite of the observance of its outward forms, its true spirit is absent wherever there is a failure of the healthy interplay of influences between a Member and his constituents; and here again, Home Rule all round could alone relieve the situation. Through the establishment of separate Parliaments in England, Scotland and Ireland, a Member's work in each of these bodies would be confined, as regards public affairs, to matters by which his constituents were or might be affected and in which there was the normal and proper relation between the electors and those whom they had elected.
Moreover, there is a further evil effect arising from the inevitable indifference of constituents to much of the legislation which does not apply to the country[pg 405]in which they live. In view of the divergence of interests and diversity of classes represented in every Parliament, there is probably no legislature in which there is not a tendency to“log-rolling,”by which I mean arrangements among Members to support measures about which they do not care in return for help with measures in which they are particularly concerned. This temptation will be greater when the Parliament is not only overworked, as is the case here, but the struggle is intensified by the rivalry between English, Scottish, and Irish claims upon its attention. In the resultant situation, indeed, arrangements of a“log-rolling”character are likely to be made even upon the wider issues, and the fact should not be overlooked that they are rendered more easy because so many laws are passed separately for England, Scotland, and Ireland. In theory, of course, as Professor Dicey claims, it is the duty of a Member, whencesoever returned, to consult for the interests of the whole nation, and not to safeguard the interests of particular localities or countries; but in practice he cannot do it. The subjects for legislation are so complicated that he cannot make himself acquainted with them as they affect each of the three countries, and the pressure upon Parliament is so tremendous that he is almost bound to try to get for his own country a fair share of such time as is available. It is, therefore, wiser to bow to the inevitable, and enable the English, Scottish, or Irish Member, as the case may be, to look after his own concerns in his own Parliament, untroubled by the presence of others who do not understand his business and will not be called to account by their constituents for what they may do, while leaving the control of all common affairs, as at present, to the Parliament of the United Kingdom.
There are, however, valid reasons why Ireland has a pre-eminent claim to priority of treatment. Ireland has been much less successful than England or Scotland in securing that Parliamentary action should be in accordance with the wishes of the majority of its Members in the House of Commons. Where the representatives of three countries together constitute a legislative body, it is probable that each of these countries will at some time or other be under the sway of a majority different from that which would be formed if its own representatives alone decided upon its composition; but it is clear that this fate is less likely to overtake the country which has a great numerical preponderance in the legislature in question. Thus, taking the period since 1885, England, holding 465 of the 670 seats in the House of Commons, was only in this position from 1892-5, for at the two elections in 1910 there was almost a tie in the return of 226 Ministerialists and 239 supporters of the Opposition. And this great preponderance of one of the countries adds to the likelihood that the others may have the majority of their own representatives in a minority of the whole representation. I have not been discussing the separate case of Wales, and so I will only say that, of the 30 Welsh Members, on no occasion in the twenty-seven years have the Unionists been able to muster more than 8; and Scotland has scarcely responded more closely to the swing of the pendulum in England. Though the Unionists were in power for fifteen out of the twenty-seven years, they had a majority in Scotland, and that a very small one, only in the Parliament of 1900. But Scotland on the whole does not come off badly, since it is not the practice of the Members from the other countries to vote down the Scottish representatives. Where Scotland does suffer is in their inability,[pg 407]owing to their numerical weakness, to secure a fair share of attention for Scottish domestic concerns. A law on Scottish Education, for instance, though it got into the Queen's Speech for 1900, was not enacted until 1908, and the Scottish Members never have more than one day in the Session for the discussion of all the Scottish Estimates. When we pass to Ireland, it is difficult to make any similar comparison, for, though the Nationalists sit permanently in opposition in the House of Commons, it does not follow that they should be classed as being opposed to the Liberals as well as to the Unionists. If we regard them as opposed to both of the principal parties, then, when the Liberals have been in power, every Irish Member with one single exception must be reckoned to have been among their opponents. But, if we prefer to base our calculations upon the sort of informal understanding which has existed during most of the time between the Liberals and the Nationalists, we must confine our attention, from the present point of view, to the years of Unionist Government, and we find that, of the 103 Irish representatives, the number of Irish Unionists during those periods has never exceeded 23 and has been as low as 19. Thus, putting the various figures which have been quoted into percentages, it becomes evident that England has had to live under a Liberal Government when the Unionists (in 1892-5) had 58 per cent. of the total English representation; Scotland has had to live under a Unionist Government when the Liberals (in 1886-92) had 60 per cent. of the total Scottish representation; whereas Ireland has had to live under a Unionist Government when the Nationalists had as much as 81 per cent. of the total Irish representation. And it must be borne in mind that, while England and Scotland are only rarely governed in opposition to the wishes[pg 408]of the majority of their representatives, Ireland has continued to be preponderantly Nationalist irrespective of party fluctuations in Great Britain.
In these circumstances, Ireland, whether in its Nationalist or its Unionist constituencies, never expresses any other opinion than for or against Home Rule. We regret the confusion at all elections in the United Kingdom between Imperial and domestic issues, but at least we get an idea of the views of the electorate in Great Britain on some big Imperial question, or as between Free Trade and Protection. In Ireland we get nothing of the kind; it is impossible to say, for instance, whether Ireland is in favour of Tariff Reform or not; and the votes of the great majority of its representatives in the House of Commons are usually given, not with reference to the views of their constituents on the question under discussion, but solely in relation to the attainment of Home Rule. Now, this attitude of the Nationalists is evidently adopted because Irish domestic concerns are decided in the House of Commons by men who are not Irish representatives; and it may be remarked that Scotsmen, and even, to some extent, Englishmen, are also liable to have their wishes on purely domestic affairs over-ridden by the representatives of the other countries, but that they do not, on that account, subordinate everything else to the effort to release themselves from this anomaly.
But, apart from the consideration, as we have seen above, that the Irish have been the principal sufferers, the Irish electorate are entitled, if this is a free country, to choose the issue which shall be put forward, and we should sympathise with them when they ask to be allowed to manage their domestic affairs without interference, in accordance with the principles of representative government. It is immaterial how[pg 409]far the Irish Nationalists have actually been able to get their own way in the House of Commons, for their efforts have usually been in vain until after a lawless agitation in Ireland, which, as a means of securing redress for grievances, is as demoralising to the legislator as to the elector. And when the law for which the Irish have asked has been passed without any such outside pressure, it is evident that the votes of the majority of the Irish representatives would have been useless unless sufficient English and Scottish Members had been willing to fall in with their wishes. Every Irish Nationalist knows, therefore, that a majority of the Irish representatives is by itself utterly unable to carry a purely Irish measure through the House of Commons, however often it may have been advocated, and however large may have been the Irish majorities in its favour; and representative government cannot fail to be brought into disrepute in Ireland, on account of its futility under existing conditions. Moreover, if representative institutions are to work well, there should be, so far as is possible, in every constituency supporters and opponents of the Government on the current questions of the day, for it is only by constant discussion and interaction that we can secure a sound relation between Parliament and the country. But nothing of the kind takes place in Ireland. Through their dissociation from the division into parties that prevails in Great Britain, the bulk of the Irish people are not informed as to the views on topics other than Home Rule of the Liberals, Unionists, or Labour men. In the greater part of Ireland, the Nationalist candidate is returned unopposed or is opposed only by another Nationalist; and when this is so, the party in power, whether it be Unionist or Liberal, is usually without any machinery by which its case is put before[pg 410]the electorate. Elsewhere, in Ireland, the Unionists have their organisation against Home Rule, and so far the Liberals are even in a worse position, for, though they have had the supreme control of affairs for the last six years, there are not half a dozen constituencies in Ireland where they have any means by which they can learn the views of the people or explain the policy of the Government. And yet Ireland, like the rest of the United Kingdom, is supposed to live under representative institutions! No doubt I may be reminded that the Nationalist Members are in touch with local opinion in Ireland, and that they are the informal allies of the Liberals; but the Nationalist attitude is concerned with little else but Home Rule, and it is just because, in existing circumstances, the Irish do not declare themselves, or perhaps even form an opinion, on ordinary political issues, that our representative system has broken down so much more severely in Ireland than in England or in Scotland.
And thus I conclude my survey of the practical working of the Act of Union. I have shown that the domestic affairs of the three countries are, in continuance of what was done before the Union of the Parliaments, or as the result of subsequent developments, ordered in many respects separately for England, Scotland, and Ireland, and that there is no question in any quarter of the elimination of these separate arrangements. But they have led, as has been further demonstrated, to many difficulties in connection with our system of Parliamentary government, and it is only by the sub-division of the responsibilities between two or more Parliaments that such difficulties can satisfactorily be overcome. We have, therefore, valid grounds for the advocacy of Home Rule, apart from the particular claims of Ireland,[pg 411]though they, of course, serve to strengthen the argument; and, in considering what form the proposals should take, we cannot do better than study carefully how far England, Scotland, and Ireland are now governed in common and how far each of the three countries is governed separately. For the subjects in which there is now separate treatment are those which would be transferred under Home Rule with the smallest breach of continuity, or rather, in the natural course of our constitutional evolution.