Page images
PDF
EPUB

attention of the First Commissioner, es- | would push the matter forward, as it was pecially with regard to the more frequent of great importance to business men and cleaning of the floor. We are bringing others. in a machine called the vacuum cleaner, which will, no doubt, have the best possible effect.

MR. DELANY (Queens County, Ossory) called attention to the case of Miss Blanc, the late assistant to the post office at Portarlingtor, who, after twenty-eight and a half years true and faithful service, during the earlier portion of which she worked sixteen hours a day, was discharged on the 30th of April last without either pension or gratuity. He contended that, being discharged by the surveyor, she was a servant of the Postmaster-General, and as such was entitled either to a gratuity of £1 or one week's salary, whichever was the greater amount, for every year's service. Such a gratuity in her case would amount to £28 10s. That was all he claimed for her. If the law was so framed that it was possible for such an injustice to be done to persons who had rendered long and faithful service, it ought to be changed without delay.

*MR. ALFRED DAVIES (Carmarthen Boroughs) said that for some time past he had been pressing for the establishment of sea post offices on the Cunard Line of steamers, and he congratulated the Postmaster-General on the fact that, under the fresh contract, new steamers were to have such offices provided. He desired to ask if anything had been done in regard to the steamers at present running across the Atlantic. The Postmaster-General at New York had urged that the British Postmaster-General should take up the matter energetically. On other lines of steamers on which sea post offices were provided he found that the space required was only small and the amount paid inconsiderable. It was of urgent importance that letters by the Cunard Line should be delivered as quickly as letters by the Hamburg-American, North-German Lloyd or the American Lines, but under present arrangements they were some hours later. He thought that if pressure had been brought to bear before the new contract was signed, the Cunard Line could not have refused to establish these sea post offices. There was no reason why they should not have been insisted upon, and he hoped that the right hon. Gentleman Mr. Victor Cavendish.

THE POSTMASTER-GENERAL (Mr. AUSTEN CHAMBERLAIN, Worcestershire, E.) said he had already informed the hon. Member that he had this matter under consideration and that communications were passing between himself and the other parties concerned. He was not able to give any more definite information. At the same time, there was in the new Cunard contract a provision that, if at any time post office accommodation should be required, the company would, in terms to be arranged by arbitration, provide such accommodation on all steamers employed in the mail service. But the question whether he exercised his right under that provision must depend on what he found to be the attitude of the American postal administration. He was making informal and unofficial inquiries, and until they were concluded he could not say more on the subject, except that the parallel the hon. Member drew with the German steamers was not a fair criterion of the value of such accommodation.

MR. ALFRED DAVIES: May I hope that we shall soon have these post offices?

MR. AUSTEN CHAMBERLAIN said the hon. Member might hope, but he must not expect more than could be fairly drawn from what he had said. As to the case referred to by the hon. Member for Queen's County, the hon. Member was under some misapprehension as to the facts, and under a complete misapprehension as to the position of the Postmaster General. The PostmasterGeneral had no authority with regard to pensions or gratuities to any members of the staff; he could only make or refrain from making recommendations to the Treasury. The limit of his power was to refuse, in the case of a person whom he thought undeserving, to give the certificate required under the Superannuation Act that the person in question had served with diligence and fidelity and to the satisfaction of the head of his Department. The power to give a pension was expressly reserved by statute to the Treasury, whose decision was binding and final. The lady to whom the hon Member referred had never been in the direct

MR. DELANY asked whether the right hon. Gentleman could not give a certificate for £1 for every year of service rendered by this lady.

MR. AUSTEN CHAMBERLAIN said

it was no use giving such a certificate, as the Treasury held that they had no power to make a grant.

service of the Postmaster-General. The have to be introduced, defended, and postmaster at Portarlington received, in carried through by the Treasury. addition to his ordinary remuneration, a special allowance out of which he had to provide whatever assistants he required. Miss Blanc was one of the assistants so provided. She was not paid by the Postmaster-General out of monies placed at his disposal by Parliament; she was not his servant, but the servant of the postmaster. It was quite true that she was given notice of discharge by direction of the Postmaster - General, because, although she was not his servant, she was employed for post office purposes, and it was necessary in the public interest to see that efficient assistants were provided. Miss Blanc was given three months' notice to retire because she was reported to be inefficient. The hon. Member had not attempted to disprove that statement; all he had done was to contend that because she was discharged by direction of the Postmaster-General she was his :servant and not the servant of the post

master.

MR. J. P. FARRELL pressed for a reply on the point he had previously

raised.

THE SOLICITOR GENERAL FOR IRELAND (Mr. JAMES CAMPBELL, Dublin University) said the complaint of the hon. Member was that a rate collector had been surcharged by one of the auditors appointed by the Local Government Board. In such a case the rate collector had two remedies. The first was to apply to the Local Government Board for a rehearing, and the Board had jurisdiction to hear the matter on any legal point or

MR. DELANY pointed out that she on its merits. This rate collector did was discharged under the age limit.

was

Division and apply either for a mandamus or for a certiorari according to the facts of the case. According to the hon. Member the rate collector threatened that remedy, but owing to his poverty his solicitor was not provided with the necessary funds, and the case was not proceeded with. From the hon. Member's statement he should draw the inference that the rate collector to whom he referred must have had a hopelessly bad case. He did not think there was much cause for complaint in this case bethe Local Government Board, and they cause the rate collector had an appeal to decided the matter against him.

appeal to the Local Government Board, who as he understood from the hon. MemMR. AUSTEN CHAMBERLAIN said of the auditor. The second remedy was ber's statement, confirmed the decision she had reached the age of 60, but she was for the person who thought himself not discharged under the age-rule applic-aggrieved, to enter the Kings Bench able to established servants. In the opinion of the Treasury, assistants engaged by the postmaster, and paid by him out of the allowance which he received for the purpose, were not qualified under the Superannuation Act for pensions or gratuities. He would have been very glad had it been in his power to obtain a gratuity in this case, but in the opinion of the Treasury, whose discretion absolute and decision final, the law did not permit any such grant to be made. It was suggested that if that was the case he ought to effect a change in the law. He doubted, however, whether any Minister would be in a hurry to re-open the question of superannuation. It was sufficiently difficult to deal with in the old days when discussions were briefer than to-day, but there would be little encouragement to take up so large a question at the present time. In any case it would not be for him as PostmasterGeneral to re-open the question. The rule was applicable to all branches of the Service, and any amending Bill would

MR. J. P. FARRELL asked if the Solicitor-General would undertake to ask the Local Government Board to reconsider this matter.

MR. JAMES CAMPBELL said he doubted whether they had power to reconsider it because, once they had given their decision, he feared it was final. At the same time he would mention it.

Bill read a second time, and com- they ought to have some assurance mitted for to-morrow.

THE MOTOR-CARS BILL [LORDS]. As amended, further considered.

that licences would not be taken away except for serious offences. It might be right to take away a licence for offences under Clause 1, but to deprive a man of his licence for simply exceeding the speed

Clause (Suspension of licence and dis- limit was rather harsh, and an excessive qualification)—

"In page 3, after Clause 3, to insert the following clause (1) Any Court before whom a person is convicted of an offence under this Act, or of any offence in connection with the driving of a motor-car, other than a first offence, which consists solely of exceeding any limit of speed fixed under this Act-(a) may if the person convicted holds any licence under this Act, suspend that licence for such time as the Court thinks fit, and, if the Court thinks fit, also declare the person convicted disqualified for obtaining a licence for such further time after the expiration of the licence as the Court thinks fit; and (b) may, if the person convicted does not hold auy licence under this Act, declare him disqualified for obtaining a licence for such time as the Court thinks fit; and (c) if the person convicted holds any licence under this Act, shall cause particulars of the conviction and of any order of the Court made under this section, to be endorsed upon any licence held by him, and shall also cause a copy of those particulars to be sent to the council by whom any licence so endorsed has been granted. (2) Any person so convicted, if he holds any licence under this Act, shall pro

duce the licence within a reasonable time, for the purposes of endorsement, and if he fails to do so shall be guilty of an offence under this Act. (3) A licence so suspended by the Court shall, during the term of suspension, be of no effect, and a person whose licence is suspended or who is declared by the Court to be disqualified for obtaining a licence shall during the period of suspension or disqualification be disqualified for obtaining a licence. (4) Any person who is by virtue of an order of the Court under this section disqualified for obtain ing a licence may appeal against the order in the same manner as a person may appeal who is ordered to be imprisoned without the option of a fine; and the Court may, if they think fit, pending the appeal, defer the operation of the order. (5) If any person who under the provisions of this Act is disqualified for obtaining a licence, applies for or obtains a licence while he is so disqualified, or if any person whose licence has been endorsed applies for or obtains a licence without giving particulars of the endorsement, that person shall be guilty of an offence under this Act, and any licence so obtained shall be of no effect.-(Mr. Walter Long.)

[merged small][merged small][ocr errors]

MR. SCOTT MONTAGU (Hampshire, New Forest) said he thought

punishment. If his right hon. friend could meet them upon this point, he should be very much obliged. His friends, generally, loyally accepted the decisions which the House had arrived at the other night, although they did not think the Bill was perfect, and their only object now was to amend the measure in such a way that it would be easily workable, and be a real benefit to the community. He begged to move his Amendment.

Amendment proposed

"At the end of the proposed clause, to add the words 'A licence shall not be taken away or suspended, or any person disqualified from taking a licence under this Act, except in consequence of a conviction for an offence under Section 1 of this Act, or for drunkenness whilst in charge of a motor-car.' ”—(Mr. Scott-Montagu.)

be there added." Question proposed, "That those words

THE PRESIDENT OF THE LOCAL GOVERNMENT BOARD (Mr. WALTER LONG, Bristol, S.) said that it had been represented to him that so far as this provision applied to professional chauffeurs there might be some hardship involved in depriving a man, who depended on driving a motor-car for his livelihood, of his licence for a first offence of exceeding the speed limit by even a small amount. He suggested the Amendment he had on the Paper which would avoid drivers being deprived of their licence for the first offence but expose them to that penalty for the second offence.

*MR. SCOTT-MONTAGU said that did not exactly meet his point, and he asked the right hon. Gentleman to consider whether he could not put in the words "or second offence," and deal with the third offence as the one upon which the licence would be taken away.

MR. WILLIAM REDMOND (Clare, E.) thought the right hon. Gentleman might accept this suggestion because an offence against the speed limit might be committed quite unconsciously.

MR. DALZIEL (Kirkcaldy Burghs) also appealed to the right hon. Gentleman to agree to this suggestion, because a servant, driving his master out, had to go at the speed his master wished, and it would be rather hard if in consequence a driver lost his licence, and thereby lost his means of livelihood.

MR. WALTER LONG said the Amendment in its present form would not carry out the object of the clause because the first sub-section dealt with this penalty and imposed it with regard to the first offence. It was a little difficult to alter the clause as it stood on the Paper in order to adopt the Amendment of his hon. friend. He did not wish to make the Bill unduly harsh, but he thought there ought to be a distinction between the first and second and subsequent offences, and he preferred the clause as it stood on the Paper. If, however, the House desired to suspend the licence after the second offence he had no objection.

[blocks in formation]

Amendment proposed

"In line 3 of proposed clause, after the word 'first,' to leave out the words 'offence which consists,' and insert the words or second offence consisting.'"-(Mr. Walter Long.) Amendment agreed to.

Clause, as amended, added to the Bill.

Clause (Power to prohibit Motor-cars on special roads).

"In page 4, after Clause 6, to insert the following clause: The Local Government Board may, by regulations made under Section 6 of the principal Act, prohibit or restrict the driving motor-cars on any specified highway, or part of any motor cars, or of any special kind of of a highway, which does not exceed sixteen feet in width, or on which ordinary motor-car traffic would, in their opinion, be especially dangerous.'"-(Mr. Walter Long).

Brought up, and read the first time

Motion made and Question, "That the Clause be read a second time," put, and agreed to.

Clause added to the Bill.

Clause (Regulations as to maximum weight of cars).

"In page 5, after Clause 9, to insert the following clause: (1) The Local Government Board by regulations made under Section 6 of the principal Act may, as respects any class of vehicle mentioned in the regulations, increase the maximum weights of three tons and four tons mentioned in Section 1 of that Act subject to any conditions as to the use and construction of the vehicle which may be made by the regulations. (2) The power of the Local Government Board to make regulations under Section 6 of The Locomotives on Highways Act, 1896, shall, as respects motor

cars exceeding two tons in weight unladen, include a power to make regulations as to speed.'”—(Mr. Walter Long).

Brought up, and read the first time.

Motion made, and Question, "That the Clause be read a second time," put, and agreed to.

Clause added to the Bill

The next Amendment on the Paper

*MR. SCOTT-MONTAGU asked leave was a new clause standing in the name

to withdraw his Amendment.

Amendment, by leave, withdrawn.

of Mr. T. M. HEALY, providing for the payment of compensation for accidents resulting in a child's death.

MR. WILLIAM REDMOND said his the accident, but if a person caused an hon. and learned friend the Member accident which resulted in the death of a for North Louth was not present, child, there was absolutely no remedy in but as he had intended to put down a the way of compensation. Of course, if similar clause, he presumed he would be the child was dead, and there was no in order in moving that standing in the monetary loss to the parents, there was no name of his hon. friend. action for damages as in the case of the death of a person upon whose labour his relatives might have to depend. In the case where there were a number of young children, one of whom was killed through the negligence of a motorcar driver, the father might reasonably and fairly ask to be compensated for the loss, and the sum of money received might be used for the education of the brothers and sisters of the child

*MR. SPEAKER: I am afraid not. A new clause can only be moved by the hon. Member who puts it down.

MR. WILLIAM REDMOND: Is it not then within my right to move a similar clause now?

*MR. SPEAKER: No, the hon. Member has not given the notice which killed. It might be said that they should must be given of a new clause.

MR. T. M. HEALY (Louth, N.) at this point entered the House and moved the clause standing in his name. He said that the change in the law which he proposed would make the law in England and Ireland similiar to that now existing in Scotland. There were dangers attaching to motor-car running, and when accidents resulted in the death of a child it was

any rate.

particularly desirable that the motorist should be liable to pay some amount at He did not think it was an unfair proposal, and the Government, at all events, should not oppose it in principle. He begged to move.

Clause (Compensation for accidents resulting in child's death).

"From and after the passing of this Act, where the death of a minor is caused in England or Ireland by a light locomotive under circumstances which would amount to an offence against this Act, the father or mother of the child may recover damages against the owner of the light locomotive, although no direct pecuniary loss resulted from such death —(Mr. T. M. Healy.)

Brought up, and read the first time.

Motion made and Question proposed, "That the clause be read a second time."

MR. WILLIAM REDMOND said he took great interest in this matter also. He thought it would be recognised by everybody that the clause dealt with what was undoubtedly a grievance. In the case of an accident where a child was seriously injured, damages could be recovered from the person responsible for

not limit compensation to accidents resulting from motor-cars, and that the same law should apply to four-in-hand carriages. They were dealing with motor-cars at the present time, and that was why the question came up. But he thought they were all agreed that the law ought to be altered.

(Str

THE ATTORNEY-GENERAL ROBERT FINLAY, Inverness Burghs) said the proposal was to apply what was at present the law of Scotland to accidents occurring through motors in England and Ireland. He was not surprised that the hon. and learned Member had brought forward this matter. A most deplorable case of accident was brought under his notice by the hon. Member for East Clare. Of course he agreed with the hon. Member that there were many points in the law of Scotland which might be, with advantage, applied south of the Tweed. Though he was an English lawyer he was still a Scotchman. The law of England and Ireland was well settled on the matter that compensation could be given, under such circumstances, only where pecuniary loss was occasioned by the death. It might be a matter for consideration at some future time whether that principle might not be modified, and the giving of a solatium allowed, as it was allowed by the law of Scotland. But he thought everyone would agree that it would be a very extraordinary thing to have one law, in a matter of this kind, in the case of motors and another law in the case of carriages. This Bill dealing with the law of

« PreviousContinue »