FOOTNOTES:

[86] This fear itself was the result of separatism. Miss A. E. Murray, in her work on "The Commercial Relations between England and Ireland" (p. 51), points out: "It was not so much jealousy of Ireland as jealousy and fear of the English Crown which influenced the English legislature. Experience seemed to show that Irish prosperity was dangerous to English liberty.... The difficulty was that Ireland was a separate kingdom, and that the English Parliament had no direct authority over her. It was this absence of direct authority which made England so nervously anxious to restrict Irish resources in all those directions in which they might even indirectly interfere with the growth of English power."

[87] For details, see Miss Murray's "Commercial Relations between England and Ireland."

[88] It is worth noting that in 1893 the Liberal Government rejected amendments moved by Mr. Whiteley to prevent existing laws for the protection of workers in factories, workshops, and mines, being repealed by the proposed Irish Legislature, and by Sir J. Gorst to reserve laws affecting the hours and conditions of labour to the United Kingdom Parliament.


XVII

PRIVATE BILL LEGISLATION

BY THE RIGHT HON. WALTER LONG, M.P.

The argument so often and so plausibly presented in favour of Home Rule, which urges that the Imperial Parliament is overburdened with local affairs, contains an element of truth. It would, however, be more in accordance with the facts to put the case the other way round: for localities are much more seriously inconvenienced in certain respects by the necessity of referring local business to the Imperial Parliament, than the Imperial Parliament is inconvenienced by the transaction of such business, which, if we are to believe the Chancellor of the Exchequer, it neglects (vide Nash's Magazine, February, 1912). At the same time, to affirm that, in order to remedy what is no more than a defect in administration, it is necessary to overturn the British Constitution, and to build on its ruins four semi-independent Legislatures and one supreme Parliament, is merely to exemplify the cynical imposture of partisan misrepresentation: what Mr. Balfour described as "the dream of political idiots."

There is no impartial person who does not clearly recognise that to constitute a separate Parliament for Ireland (to say nothing of England, Wales, and Scotland) must necessarily result, not in the more efficient despatch of legislative and administrative business, but in perpetual friction, clogging the mechanism alike of the subordinate and the predominate body. Ireland enjoyed—or endured—an independent Parliament during eighteen years, from 1782 to 1800; and, in the result, the greatest statesmen both in Ireland and in England were forced to acknowledge that the system had in practice failed utterly; and that there remained no alternative but the Union. To that view of the situation the great majority of the Irish people, irrespective of race or creed, were converted within a year before the passing of the Act, an event which was hailed with rejoicing. The experience of 112 years, fraught as they have been with occasional calamity and burdened with many blunders, has not produced a single valid objection to the principle of the Union, unless the survival among a diminishing section of the population of the old, bad tradition of hatred towards England, and its deliberate exploitation by pledge-bound politicians, is to be regarded as a reason for sacrificing the welfare and the prosperity of both countries.

The framers of the Act of Union did not, and indeed could not, provide for every contingency. It is therefore the business of those who are determined to maintain the Union, to adjust its machinery to modern requirements. An omission of capital import was the failure to provide for the efficient promotion of private Bills. The matter was, indeed, actually considered by the authors of the Act of Union. The Duke of Portland wrote to Lord Cornwallis, Lord Lieutenant of Ireland, under date December 24, 1798, as follows:—

"One of the greatest difficulties, however, which has been supposed to attend the project of union between the two kingdoms, is that of the expense and trouble which will be occasioned by the attendance of witnesses in trials of contested elections, or in matters of private business requiring Parliamentary interposition. It would, therefore, be very desirable to devise a plan (which does not appear impossible) for empowering the Speaker of either House of the United Parliament to issue his warrant to the Chairman of the Quarter Sessions in Ireland, or to such other person as may be thought more proper for the purpose, requiring him to appoint a time and a place within the County for his being attended by the agents of the respective parties, and reducing to writing in their presence the testimony (for the consents or dissents, as the case may be) of such persons as, by the said agents, may be summoned to attend, being resident within the County (if not there resident a similar proceeding should take place in the County where they reside), and such testimony so taken and reduced into writing may, by such Chairman or by the Sheriff of the County, be certified to the Speaker of either House, as the case may be. It seems difficult to provide a detailed Article of the Union for the various regulations which such a proceeding may require, but the principle might perhaps be stated there, and the provisions left to be settled by the United Parliament."

According to Lord Ashbourne's "Life of Pitt," the Prime Minister himself framed a scheme for constituting a Court of Appeal in Ireland, with power to examine evidence and certify all preliminaries and other matters respecting private Bills. Why the provision was not included in the Act of Union is not clear. The fact of its omission, however, proves that the necessity of resorting to the Imperial Parliament for the transaction of private business was not an objection that hindered the passage of the Act of Union, although to-day the same omission is absurdly used as an argument in favour of the repeal of that measure. At the same time, it is true that the requirements have immensely increased in proportion as the resources of the country have been developed since 1800. The introduction of railways, telegraphs, telephones and electric appliances, together with the grant of compulsory powers to municipalities, has involved the promotion of numerous private Bills at vast expense to Ireland. Mr. A. W. Samuels, K.C., who contributed a paper on the subject to the Statistical and Social Inquiry Society of Ireland in November, 1899, quoted some instances of the cost of private Bill legislation in Ireland:—

"The ratepayers of Dublin, of Rathmines, of Pembroke, of Clontarf, and other suburbs of the city, long will feel the burden added to their rates by the London litigation of the Session that has passed. The Dublin Boundaries Extension Bill of 1899 has cost the city, as I am informed on reliable authority, between £12,000 and £13,000. There were twenty-four separate sets of opponents. The cost to Rathmines of its opposition approaches, I am informed, £8,000. To meet it about one shilling in the pound must be added to the taxation of that township. The costs of Pembroke cannot be far short of the same sum. If we add those of the oppositions of Kilmainham, Drumcondra, Clontarf, and of the County of Dublin, and of private persons and public bodies, the total expense to the inhabitants and ratepayers of the city and its suburbs will not fall short of £45,000.

"Mr. Pope, Q.C., stated before the Committee which considered the Irish Railways Amalgamation Scheme of last Session, that the Bill at hearing was costing £5 per minute. A high authority conversant with the proceedings in this case has informed me that this was an under-estimate rather than an over-estimate, having regard to the fact that there were twenty-seven separate oppositions. The Bill occupied twenty-seven working days of four hours each, and its cost to the shareholders of the promoting Company were calculated to amount to about £400 per day. What the loss was to the shareholders of other Companies, and to the ratepayers represented by public bodies, it would be impossible to say. The Bill probably cost at least £50,000. There was a Belfast Corporation Bill. There was an Armagh and Keady Railway Bill. There were several other Irish Bills before the Houses, exhausting thousands more of Irish capital, and diverting it from the material development of the country. So abnormal was the waste of Irish money on the Railway Bill that it excited general attention even in England, and became the subject of comment in Parliament. Mr. J. H. Lewis, the member for Flint Burghs, speaking on the 24th July, 1899, on the third reading of the Scotch Private Legislation Procedure Bill, said, 'I am sure everybody must have regarded with great dissatisfaction the enormous expenditure to which certain Irish Railway Companies were put during the last few weeks within the walls of the House. Surely a better system can be devised than that which drags over from different parts of the United Kingdom a host of witnesses, who could be examined on the spot. I am sure all honourable members deeply regret this great waste of public money.'"

These disabilities have been the subject of frequent representations. Resolutions advocating reform have been repeatedly passed by the Irish Chambers of Commerce, by the Incorporated Law Society, and by local bodies. Leaders of the Unionist party have constantly urged the necessity of a provision for expediting and cheapening Private Bill procedure. In 1896 a deputation from the Dublin Chamber of Commerce laid the matter before Mr. Gerald Balfour, who was then Chief Secretary for Ireland. He expressed a hope that the Government would introduce a reform. In the Queen's speech of February, 1897, it was announced that Bills for amending the procedure with respect to Private Bills coming from Scotland and Ireland had been prepared. The opportunity for laying these measures before Parliament did not arise.

But in 1899 a Bill amending the procedure of Scottish Private Bill Legislation was passed into law. The measure forms the precedent for future legislation. In the year 1900, Mr. Atkinson (now Lord Atkinson), speaking for the Government, said that the Government were—

"most favourable to the introduction and passing of a Bill dealing with private Bill legislation for Ireland. He thought the real and substantial difficulty was the creation of the tribunal which was to sit locally and to inquire into these matters. The Irish Government thought it wise to wait until they should see what would be the effect of the operation of the Scotch Act."

Subsequent experience has proved that the Private Legislation Procedure (Scotland) Act of 1899 may well be taken for the model of a similar measure designed to apply to Ireland. The Scottish Act substituted for procedure by means of a Private Bill, procedure in the first instance by means of a Provisional Order. Instead of applying to Parliament by a petition for leave to bring in a Private Bill, any public authority or persons desirous of obtaining parliamentary powers now proceed by presenting a petition to the Secretary for Scotland,

"praying him to issue a Provisional Order in accordance with the terms of a draft Order submitted to him, or with such modifications as shall be necessary."

Before the Secretary for Scotland proceeds with the Provisional Order, the draft Order is considered by the Chairman of Committee of the House of Lords, and the Chairman of Ways and Means in the House of Commons; and they report to the Secretary for Scotland whether or not the matters proposed to be dealt with by the draft Order, or any of them, should be dealt with by Provisional Order or by Private Bill. Should the Chairmen report that these matters, or any of them, should be dealt with by a Private Bill, the Secretary for Scotland, without further inquiry, refuses to issue the Provisional Order so far as it is objected to by the Chairmen; but the advertisements and notices already given by the promoters of the scheme are regarded as fulfilling (subject to Standing Orders) the necessary conditions to be observed prior to the introduction of a Private Bill. Should the Chairmen report that the Provisional Order, or a part of it, may proceed, the procedure is as follows. If there is no opposition, the Secretary for Scotland may at once issue the Provisional Order, which is then embodied in a Confirmation Bill for the assent of Parliament. If there is opposition, or in any case where he thinks inquiry necessary, the Secretary for Scotland directs an inquiry, and the Order is then considered by the tribunal described below; and if passed by that tribunal, with or without modifications, it is brought up in a Confirmation Bill for the assent of Parliament.

It follows that in the case of unopposed schemes brought in under the Act, there is a great saving of time and expense as compared with the former system.

With regard to schemes which are opposed, the judicial functions of a Parliamentary Committee dealing with Private Bills were transferred by the Act of 1899 to a special tribunal, composed of two Panels, a Parliamentary Panel and an Extra-Parliamentary Panel, whose members shall have no local or personal interest in the questions at issue. From these is formed a Commission of four members.

Mr. A. W. Samuels, K.C., thus describes the constitution of the Commission:—

"In the first instance it is provided that the members shall be taken—two from the Lords and two from the Commons. In the event of that being found impossible, three may be taken from one House and one from the other. In the next resort all may be from the same House. Finally—if members cannot be procured to serve—the extra Parliamentary Panel can be called upon, and the Commission manned from it.

"The next great reform introduced by the measure is, that the inquiry is to be held at such place, in Scotland, as may be convenient. The inquiry is to be localised as far as possible. It is to be held in public. The Commissioners are to settle questions of locus standi—they can decide upon the preamble before discussing clauses—and persons having a locus standi can appear before them in person or by counsel or agent.

"When they have heard the evidence the Commissioners are to report to the Secretary of Scotland, and they can recommend that the Provisional Order should be issued as prayed for, or with such modifications as they may make. If there is no opposition to the Provisional Order as finally settled by the Commissioners, it is embodied in a Confirmation Bill by the Secretary of Scotland and passed through Parliament.

"If there is opposition a petition must be presented to Parliament against the Order, and then, on the second reading of the Confirmation Bill, a member can move that the Bill be referred to a Joint Committee of both Houses of Parliament, and if the motion is carried in the House a Joint Committee of Lords and Commons shall sit, at the peril of costs to the opponents, to hear and take evidence and decide upon the measure in the same way as in the case of a Private Bill." (Private Bill Procedure, pp. 9 and 10.)

In 1904, the Select Committee appointed to consider the provisions of a similar measure to be applied to Wales, reported that in practice the Scottish Act had proved a success, which they attributed largely to the supervision of the Provisional Orders conducted by the Scottish Office.

There would seem, then, every reason to believe that a measure framed upon the lines of the Scottish Act, to apply to Ireland, would be equally successful.

The remarkable increase in the prosperity of Ireland, which has occurred during the last twenty years, demonstrates the necessity for providing every means of encouraging the further development of the country.

All the available statistics amply confirm and corroborate the evidence of this prosperity, which is known to every man with the smallest direct acquaintance of Ireland in recent years. The figures of savings, bank deposits, external trade, all alike show the exceptional advances in prosperity now enjoyed by Ireland.

The progress of Ireland under the Union thus indicated, was inaugurated by Mr. Balfour, the best Chief Secretary Ireland ever had; to this day his name is always mentioned with respect and gratitude by the people of Ireland, especially by the residents in the South and West, where his policy produced splendid and lasting results. Insufficient credit has been given to the work of agricultural and commercial development steadily pursued by Mr. Gerald Balfour; the results upon which we rejoice to-day are mainly due to the policy adopted by Mr. Balfour and his brother. This policy, coupled with the restitution of sales under the Land Act of 1903, is the one which Unionists intend resolutely to pursue.

The figures on the next page show that the increase of population in some important centres in the south and west is very small, and that in other centres there is a decrease. Ireland being mainly an agricultural country, the population tends to decrease owing to emigration, although of late years, owing to the rise in prosperity, the tendency is rather to remain stationary. At the same time, the increase of the population in the provincial towns is not commensurate with the increase of material wealth in the country.

With regard, for instance, to the increase in the number of tourists visiting Ireland, both private persons and local bodies desire to extend existing inducements and to improve the means of transit and to raise the standard of accommodation. It is clear that, under a reformed method of procedure in respect of Private Bill Legislation, enterprise would be freed from the restrictions which at present hinder its free exercise, and a substantial and a steadily increasing benefit would accrue to Ireland.

INCREASE AND DECREASE OF POPULATION OF CITIES AND TOWNS
IN IRELAND HAVING IN 1901 A POPULATION EXCEEDING 10,000.
(Census of Ireland 1911.)

Cities, towns, etc.Percentage of increase since 1901.
Rathmines and Rathgar17·1
Portadown16·2
Pembroke13·4
Belfast10·4
Belfast[A]10·1
Dublin6·4
Lisburn6·2
Ballymena4·5
Lurgan3·0
Sligo2·7
Dublin[A]2·6
Wexford2·6
Waterford2·5
Cork[A]2·3
Londonderry[A]2·3
Limerick[A]1·2
Clonmel1·1
Cork0·7
Limerick0·7
Dundalk0·4
Newry[A]5·2
Newry3·6
Drogheda2·6
Galway[A]2·0
Galway1·3
Kilkenny[A]1·0
Kingstown0·9
Kilkenny0·9
Waterford[A]0·4

Those marked [A] are Parliamentary Boroughs.


XVIII

IRISH POOR LAW REFORM

By JOHN E. HEALY (Editor of the Irish Times)

An article on Irish Poor Law Reform written within the limits assigned to me can only be constructive in the broadest sense. It is a serious and tangled problem: the existing system has developed in a haphazard fashion; there is about it hardly anything that is logical, much that is anomalous, some things that are tragic. The present conditions of the Irish Poor Law system are set forth in the reports of various Royal and Viceregal Commissions. The most important are those of the Viceregal Commission on Poor Law Reform in Ireland (1906), the Departmental Commission on Vagrancy, the Royal Commission on the Care and Control of the Feeble-minded, and the Royal Commission on the Poor Laws (Majority Report). The study of all these reports is a rather distracting business. They establish between them an urgent need for reform; on the methods, and even principles, of reform there are wide differences of opinion. I propose to set out here, so far as may be possible, a summary of those reforms on which the various reports and Irish public opinion are nearly, or quite, unanimous. Such a summary may at least help to acquaint the rank and file of the Unionist Party with the primary conditions and necessities of a work which, for historical, moral, social and political reasons, must receive the Party's early and practical attention when it returns to power.

The Unionist Party, as representing the best elements in British Government, owes in this matter a great act of reparation to Ireland. The present Poor Law system is based on the most fatal of all blunders—the deliberate disregard of educated opinion in Ireland. The story, a very remarkable and suggestive one, is told in the Viceregal Commission's report. The Royal Commission of 1836 came to the conclusion that the English workhouse system would be unsuitable for Ireland. The Irish Royal Commissioners, including the famous Archbishop Whately, made two sets of recommendations. One set involved a compulsory provision for the sick, aged, lunatic and infirm. The other proposed to attack poverty at the root by instituting a large series of measures for the general development of Ireland. Looking back over nearly eighty years of Irish history, we must be both humbled and astonished by the almost inspired precision and statesmanship of these proposals. They included reclamation of waste land and the enforcement of drainage; an increased grant to the Board of Works; healthy houses for the labouring classes; local instruction in agriculture; the enlargement of leasing powers with the object of encouraging land improvement, and the transfer of the fiscal powers of Grand Juries to County Boards. Here we have in embryo the Irish Labourers Acts from 1860 to 1906, the Department of Agriculture and Technical Instruction, the Irish Land Acts from 1860 to 1903, the Local Government Act of 1898—reforms which Ireland owes almost entirely to the statesmanship (though it seems a rather belated statesmanship) of Unionist Governments. These Irish recommendations were ignored by the Government of the day. It sent an English Poor Law Commissioner (Mr. Nicholls) to Ireland. He spent six weeks in the country. On his return he recommended the establishment of the English Poor Law system there, and it was accordingly established.

The first Poor Law Act for Ireland was passed on July 31, 1838. Between that year and 1851 one hundred and sixty-three Poor Law Unions were created. The number is at present one hundred and fifty-nine, and they are administered by elected and co-opted Poor Law Guardians to the number of more than eight thousand. In every Union there is a workhouse, and in that workhouse all the various classes of destitute and poor persons are maintained. They include sick, aged and infirm, legitimate and illegitimate children, insane of all classes, sane epileptics, mothers of illegitimate children, able-bodied male paupers, and the importunate army of tramps. The mean number of such inmates in all the workhouses on any day is about 40,000, of whom about one-third are sick, one-third aged and infirm, one-seventh children, one-twentieth mothers of illegitimate children, and one-twelfth insane and epileptic. This awful confusion of infirmity and vice, this Purgatory perpetuating itself to the exclusion of all hope of Paradise, presents the vital problem of Irish Poor Law Reform.

A radical solution must be found for it. On that point the reports of all the Commissions are unanimous. They differ, where they do differ, only as regards means to the end.

The supreme reform which must be undertaken by any Government that seeks to remove this great blot on Irish administration is the abolition of the present workhouse system on some basis which, while effective, will make no addition to the rates. The two chief reports (those of the Viceregal Commission and the Royal Commission on the Poor Laws) are in agreement, not merely as to this necessity, but as to the guiding principles of reform. They recommend classification, by institutions, of all the present inmates of the workhouses—the sick in hospitals, the aged and infirm in almshouses, the mentally defective in asylums. Appalling evidence was given before the Viceregal Commission and the Royal Commission on the Care and Control of the Feeble-minded with regard to the present association of lunatics, epileptics, and imbeciles with sane women and children in the workhouse wards. The latter Commission recommended the creation of a strong central authority for the general protection and supervision of mentally defective persons.

The reforms do not contemplate the amalgamation of Unions and the complete closing of only a certain number of workhouses. They suggest rather the bringing together into one institution of all the inmates of one class from a number of neighbouring workhouses, and the closing of all workhouses as such. The sick should be sent to existing Poor Law or County Hospitals, strengthened by the addition of Cottage Hospitals in certain districts. Children should be boarded out. The bulk of the remaining inmates, classified with regard to their defects and infirmities, should be segregated according to counties or other suitable areas. On the treatment of able-bodied paupers there are different opinions. It is suggested by the Philanthropic Reform Association, which includes some of the most earnest and disinterested philanthropists in Ireland, that the well-conducted of this class should be placed in labour colonies, and the ill-conducted in detention colonies—both classes of institutions to be maintained and controlled by the State, and not by the County authorities.

The areas and resources of the existing Unions are in most cases too limited, and the numbers of necessitous persons too small, to warrant the present Boards of Guardians in erecting as many types of institutions as there are classes of inmates. The break-up of the workhouse system involves, of necessity, the establishment of larger areas of administration. It is clear that the County must be substituted for the Union in any radical scheme of reform. On this point the Royal Commissioners and the Viceregal Commissioners are agreed. County rating must take the place of Union rating, since the inmates of the different institutions would be drawn from all parts of each County or County Borough. Substantial economies in administration might be expected from this plan. Hospitals should be brought into a County Hospital System, with the County Infirmary as the central institution, and nurses should be trained there for the County District Hospitals (now Workhouse Infirmaries).

About such a general scheme of decentralised reform there is little or no disagreement. There is, however, a good deal of disagreement concerning the control of the new institutions. The Viceregal Commission advocates the retention by the Poor Law Guardians of many of their existing functions. It suggests, for instance, that County Hospitals should be managed by a Committee consisting of all members of the present District Hospital Committees, strengthened by nine members appointed by the County Council; and that the Chairman of the Board of Guardians should be the Chairman of the District Hospital Committee. The Royal Commission, on the other hand, votes boldly for the abolition of the Boards of Guardians. It argues that, if we are to have a County system of institutions maintained by a County rate, we must adopt the logical consequence that the County Council which strikes and collects the rate should have the direct or indirect management of the institutions. It proposes that the Council should appoint a statutory Committee (one-half to be taken from outside its own members), to be called the Public Assistance Authority, and that this Authority should manage and control all the institutions in the County. The Philanthropic Reform Association, which has given much study to this question, suggests a via media between the two official schemes. It recommends that all the institutions should be controlled by the County Council, through Committees directly responsible to it, to which persons of experience from outside should be added. Such committees need not be elected by the Poor Law Guardians, as recommended by the Viceregal Commission, or by the Statutory Committee of the County Council, as recommended by the Royal Commission. The Association desires, and it has a large volume of Irish opinion behind it in this, to minimise the existing powers, and reduce the numbers, of the Poor Law Guardians. It is also very earnestly impressed with the need of bringing women into the Poor Law administration. In this it is absolutely right. The Women's National Health Association and the United Irishwomen have demonstrated triumphantly the value of women's services in improving the social, economic, and sanitary conditions of rural life in Ireland. A recent Act of Parliament qualifies women for election to the Irish County and Borough Councils. No great reform of the Poor Law system can be effective without their aid. The Unionist Party will only be acting consistently with its social ideals if it encourages, by every means within its power, an Irish feminist movement, full of hope for the country and wholly dissociated from party politics.

Any thorough reform of the Irish Poor Law system will demand an increased expenditure of Imperial funds. The growing severity of Irish taxation under recent Radical budgets forbids the possibility of addition to the ratepayer's burdens. The anomalous distribution of the grants in aid of Irish local taxation has done much to complicate the Poor Law question. The Royal Commission reported that "no account whatever is taken of the burden of pauperism, the magnitude of the local rates, or the circumstances of the ratepayers and their ability to pay rates in the different areas." Under this system the minimum of relief is extended to the districts in which the weight of taxation is most oppressive. The Commission proposed a scheme by which the old Union grants within each county would be pooled and credited to the common fund in aid of the poor rate in that county. The Viceregal Commission also complained of inequality of expenditure, and advised a reapportionment of the grants in aid of local taxation, on the basis of the recommendations of the minority of the Royal Commission on Local Taxation (1902). That Commission was unanimous in recommending increased grants for Poor Law service in Ireland. The distribution of such new grants would be a matter for discussion; of the necessity for them there is no doubt. The Unionist Party must not rest content with reforming the Irish Poor Law system; it must help the reformed system to pay its own way. No fair-minded Englishman who reads Sir George O'Farrell's evidence as to the distribution of the Irish Church surplus (Report of the Royal Commission on the Care and Control of the Feeble-minded, page 468) will dispute his country's obligations in this matter. The cost of Irish Poor Law Reform is one of the strongest arguments against Home Rule. The Unionist Party's full and generous recognition of its duty to Ireland in this respect will establish a new argument for the Union.

One vital factor in Poor Law Reform remains to be considered—the Poor Law Medical service. The 740 Dispensary districts of Ireland are now administered by a little more than 800 Medical Officers. The salaries of these doctors, amounting in all to nearly £100,000 per annum, are paid as to one half by the Poor Law Guardians, and as to the other half out of the Local Taxation (Ireland) account. Most of the doctors, in addition to their public duties as servants of the poor, engage in private practice, of which, in most of the rural areas, their official position gives them a monopoly. A large—perhaps, a surprisingly large—number of the Dispensary doctors are earnest and self-sacrificing men; but the system is corrupted by one radical defect. Owing to the security of private practice involved, there is a fierceness of competition for these appointments out of all proportion to their financial value. The elections are made by the Guardians, and it is a fact so notorious as even to be acknowledged by Mr. Birrell that flagrant canvassing and bribery are a common feature of these elections. Candidates have been known to distribute sums of £400 or £500 to Guardians, in order to secure appointments of £150 or £160 a year. Another serious and extending feature of the present system is the boycotting by the Guardians of all candidates who have not graduated at the new Roman Catholic University. The most highly qualified men from the University of Dublin have now practically abandoned competition for these Dispensary offices outside the Protestant counties of Ulster. Moreover, throughout the whole country local candidates are consistently preferred to superior men from outside. Both the Viceregal and Royal Commissions recognise the necessity of radical reform in this system, but they suggest different remedies. The Royal Commission proposes that the election and control of all the Dispensary Medical Officers of a County shall be vested in the Public Assistance Authority for that County; and that little or no change be made in the present financial basis of the payment of salaries. The Viceregal Commission suggests a bolder and more drastic remedy. It advocates the establishment of a State Medical service on the lines of the existing services in Egypt and India. This would require the payment by the State of the whole, instead of half, of the salaries of Medical Officers. The Commission regards it as proper and equitable that such a service should be, in the beginning, at any rate, restricted to candidates educated in Ireland. A representative Medical Council should elect the candidates by competitive examination, and deal with all important questions of promotion, removal and superannuation. The Commission maintains that the creation of a State Medical service in Ireland would mean a very small increase in the Parliamentary grant in comparison with the benefits involved. This I believe to be the ideal system, but one must recognise that its accomplishment is confronted with many difficulties. The Irish Local Authorities would not willingly relinquish a privilege which is a primary element in their influence and prestige. Irish medical opinion is acutely divided on the question, which is now further complicated by the prospect that the medical benefits under the National Insurance Act may soon be extended to Ireland. It would be outrageous to expect the Dispensary Officers to add the heavy medical duties under the Act to their present responsibilities without adequate payment. Indeed, the extension of the medical benefits to Ireland would make inevitable an early reform of the whole Poor Law system. This is one reason why the Unionist Party, when it returns to office, should be ready to tackle the subject without delay. To no department of the work will it be asked to apply greater sympathy, knowledge, tact and firmness, than to the problems of the Poor Law Medical service.

During the last three years the Irish Unionist Party has made three vain attempts to bring the reform of the Irish Poor Law before Parliament. Its Bill, which now stands in the name of Sir John Lonsdale, asks for the appointment (as recommended by the Viceregal Commission) of a body of five persons with executive powers to carry out the recommendations made by that Commission. These temporary Commissioners would have authority to draft all necessary schemes, to consolidate or divide existing institutions, and generally to reform the whole administration of the Irish Poor Law service. The Bill assigns to them an executive lifetime of five years—hardly, perhaps, an adequate time for the establishment of reforms which, in their making, must affect nearly every aspect of Irish life, and, in their operation, may reconstitute the basis of Irish society. It is to be supposed that, when the whole Unionist Party addresses itself seriously to the question, it will give further and careful attention to the principles of reform before setting up this, or some other, executive machinery. I can think of no more thirsty or fruitful field in Ireland for the exercise of the highest constructive statesmanship that the Party may possess. The need is urgent, the time is ripe, all the circumstances are favourable. The Old Age Pensions Act and the Insurance Act, if not vitiated by further increases in Irish taxation, will greatly simplify the task of Poor Law Reform. The former Act has reduced the number of old inmates in the workhouses; the Insurance Act should lead to a reduction in expenditure on outdoor relief. Moreover, it may be hoped that the infirm and pauper classes will be henceforward, like the old age pensioners, a diminishing fraction of the population of Ireland. They are, to a large extent, flotsam and jetsam over the sea of Ireland's political troubles. Land agitation, with its attendant vices of restlessness and idleness, the emigration of wage-earners, the discouragement of industry under Governments indifferent to the administration of law and the development of national resources, have all contributed to the Dantean horrors of the Irish workhouse system. These poor people are an excrescence on the body of Ireland which good government, if it does not wholly remove, may reduce nearly to vanishing point. Hitherto the chief rewards and blessings of British administration in Ireland have gone to the hard voters and to the strong agitators. It is time for the Unionist Party to think of the hapless, the helpless, the voteless, and, therefore voiceless, elements in Irish life. Ireland, as she becomes better educated, gives more thought and truer thought than formerly to her social and economic problems. Her gratitude and loyalty will go in abundant measure to those who take counsel with her about these problems and help her to solve them. The Government which cleans up many sad relics of the past by a complete reform of the Irish Poor Law system will put all Irishmen and Irishwomen under a deep sense of obligation to it. Policy, not less than duty, should give this reform a place in the forefront of the Unionist Party's constructive programme for Ireland.


XIX

IRISH EDUCATION UNDER THE UNION[89]

BY GODFREY LOCKER LAMPSON, M.P.

Education is probably the most sorrowfully dull of all dull subjects. It is difficult to repress a yawn when the word is mentioned. Yet we owe everything to it that we value most. Through it we become emancipated citizens of the world. Through it we are able to appreciate what is beautiful and what is ugly, what is right and what is wrong, what is permanent and what is merely transitory. If the people of a country can make it their boast that they are truly educated, they need boast of little else, for all the rest will have been added unto them.

It will be found next to impossible to draw any argument for Home Rule from the history of Irish Education during the last decade. Indeed, if a Nationalist Parliament were now to be established in College Green, it is more than probable that the progress made by educational reformers since 1900 would be largely thrown away, and the prospects of still further improvement endangered and perhaps destroyed.

What has been done in the domain of Irish Education, and what still remains to be done? Leaving out of account the problem of the Universities, which, so far as can be seen, has at any rate been temporarily solved—and solved, let it be marked, under the Legislative Union, with the participation and consent of the Nationalist party—there are two broad branches of the educational tree which every year are growing in volume and putting forth finer leaves and fruit. Primary and Secondary Education, by far the most important parts of the Irish Educational system, if only allowed to continue their development, tended with care by those who have the interests of the younger generation at heart and left unmolested by the poisonous creepers of political prejudice, will be found to do more for the increase of Irish prosperity and the establishment of national and religious concord than any device for legislative separation that the wit of man can frame. Not that educational reform is not sorely needed. Far from it. There are few aspects of Irish life where reform is more urgently required. But let it be reform, as far as possible, along existing lines of progress, and in full recognition of religious susceptibilities and of certain stubborn facts which may be deplored, but which it would be unwise to ignore. Let it be reform undertaken and pursued on the advice of those who understand this question and are in sympathy with its peculiar difficulties, and let not the Treasury turn a deaf ear to the demands of reason, when a few extra thousand pounds might make all the difference between failure and success. Above all, let it be reform unembittered by the strife of creeds warring for supremacy in an Irish House of Commons. Let it reap the advantages of a continuous policy undisturbed by the rise and fall of local Ministries and the lobbying and log-rolling of sects and factions. Treat it, as it is being treated to-day, in a calm spirit of inquiry and recommendation, and the richest blessing of the Legislative Union will be an Ireland at peace within herself, honoured for her learning, distinguished by her refinement, and intellectually the equal of any nation upon earth.

PRIMARY EDUCATION.[90]

The National Board which presides over Primary Education has shown itself, under the Union, singularly free from prejudice, either political or religious. During the last few years it may be said to have changed the face of the National schools in Ireland, and in a large part of the country has contributed to make primary education what it ought to be—not a mere glut of random scraps of knowledge, not a mere conglomerate of facts, dates, and figures, undigested and unassimilated, of no practical use to the pupil in his later life, and stifling any constructive powers of thought with which he might have been born, but a system of self-development and self-expression, with the future of the pupil as a citizen in view, rather than his mere monetary value in the shape of school fees. This in itself is a remarkable stride in advance, which the Separatist will find difficult to explain away. Who will be so bold as to calculate the harm which was inflicted by the arid and artificial system of "cram," introduced in 1871, but now fortunately abandoned in the National Schools, which had only one object in view—the money grant that was made proportionate to the output of heterogeneous lumber that could be retained by the pupil until called for by the examiner? Surely, the great aim of education should be self-culture, the development of the mind, body, and character of the pupil, consideration being had to the career he is likely to pursue in the future. This the National Board has realised in time, and it is owing to its efforts and the co-operation of men and women of all shades of opinion who labour in the schools that such signal improvement has taken place during the last few years.

Apart from this larger question, there are various other features of the National Schools that ought not to be excluded from this brief review. Some of them are evidence of progress made, others of grievances which still require redress. No one will deny that, taking Ireland as a whole, the structural character of the school buildings has been greatly improved in recent years, and that the cleanliness of school premises, which still leaves a good deal to be desired, is attended to with far more care than it used to be. In days gone by, the Board could grant only two-thirds of the estimated cost of a new building of the cheapest and shabbiest description. The result was that, for a whole generation, a low standard of school-house was stereotyped, and the requirement of a local contribution entirely prevented the erection of new school-houses in poor districts where they were most needed. The new plans, on the other hand, are designed according to the most modern ideas, and as a local contribution is not insisted upon in impecunious districts, where valuation is low, the Board can grant the whole of the cost where necessary. It is easy to appreciate what a difference this important reform must make, not merely to the landscape or to the comfort and health of the children, but to the general efficiency of pupils and teachers alike. There is, however, still much room for improvement. The grants hitherto given have been sadly inadequate, and in order to provide suitable school buildings, even in those cases alone where the present structures are actually a danger to the health of the children, it would be necessary to make grants at the rate of about £100,000 a year for the next 4 or 5 years, after which they might be reduced to £50,000.

Another satisfactory development is the increase of teachers' salaries which has taken place during the last two decades. In 1895, the average income from State sources of principal teachers in primary schools was £94 in respect of men, and £79 in respect of women. By 1910, it had risen to £112 and £90 respectively. Notwithstanding this, their financial position, especially in large and important schools in centres where the cost of living is high, is not yet as good as it ought to be, if it be compared with that of similarly situated teachers in England and Scotland. As for the incomes of assistant teachers, they also have risen in the same period from £61 for men, and £49 for women, to £81 and £68 respectively, and the money, though still insufficient, is now being paid for a better article. Readjustment of numbers in the higher grades of national teachers is also required, so as to enable all efficient teachers who have complied with the conditions of service to receive the increases of salary to which they are entitled. The cost of such a readjustment would be about £1,000 a year for the present, but the expense would gradually increase, and might ultimately amount to £18,000 per annum. For the convenience of the profession, it is also desirable that salaries should be paid monthly, instead of quarterly, to the teaching staffs of the schools. The expenditure (non-recurring) required under this head would be about £280,000, with an additional yearly sum of £5,000, due to increased cost of administration. That a Dublin Parliament would welcome or even less be able to satisfy these various demands upon its purse without further taxation is extremely improbable, especially in view of Mr. Birrell's warning that the finances of Home Rule would be a very "tight fit."

Since 1900, a period of training has been required from the principals, and this rule has recently been extended to assistant masters. In fact, the qualifications demanded of national teachers in Ireland are much higher than in England. When all the foregoing changes are considered, it will be quite evident that not only must the teachers benefit from them, but that the children cannot fail to benefit as well. Indeed, it is these various reforms which, in all probability, have conduced to a better school attendance than could be boasted of in the past. Many an educational reformer has had cause to wring his hands over the meagreness of attendance in days gone by. Even to-day it is not as it should be. It is lower than in England and in Scotland, but it has steadily risen, and continues to rise, and stands now at about 71 per cent., an advance of between 30 or 40 per cent. upon what it was less than 40 years ago; a fact which is certainly remarkable, when the poverty of the population and its scattered character are taken into account.

Another evil which the Board has had to fight has been the mushroom-like multiplication of small schools. It is hardly necessary to emphasise what must be a manifest disadvantage for any authority which is trying to raise the standard of educational efficiency in a country. This multiplication was largely due to the fact that Protestant Schools were accustomed to receive grants when they could maintain an average attendance of 20 pupils, quite irrespective of how many other schools of the same or a similar denomination there might be in the immediate vicinity, and whether they were really wanted or not. How far these grants were conducive to unnecessary multiplication may be gauged from the fact that, whilst there were 6,500 schools in operation in 1871, when the population of Ireland was five and a half millions, there were 8,692 in 1901, or 2,000 more, when the population was a million less. This vast and unprofitable growth in the numbers of educational establishments could be stayed only by drastic regulation. Where neighbouring mixed Catholic or Protestant schools cannot show an average attendance of 25, they are now obliged to amalgamate, and the same result has to follow if neighbouring boys' and girls' schools fall below an average attendance of 30. These regulations have had the desired effect, and no less than 300 superfluous schools have been absorbed in this manner during the last five years.

Before leaving the details of the National Schools, some mention should be made of the conspicuous improvement in the curriculum which has taken place in the first decade of the new century. Formerly, it was hidebound, bloodless, unintelligent, and useless. Now, it does what it can to cater for the practical side of the pupil's future life, and is designed with the object of helping him to think out problems for himself and of equipping him with any knowledge of the historic past which may serve him, not as a collection of antiquities, but as example and precept. During the last twelve years an astonishing advance has been made. In 1899, Hand and Eye training (including Kindergarten) was taught in 448 schools, in 1910 it was taught in 6,010. In 1899, Elementary Science was taught in 14 schools only, in 1910 it was taught in 2,400. In the former year Cookery was taught in 925 schools, in the latter year in 2,665. In 1899, Laundry Work was taught in 11 schools, in 1910 in 691. If this is not progression—and progression under the Legislative Union—to what can the predicate be more truthfully applied? Statistics are apt to be barren and uninforming and can be adapted, with almost equal plausibility, to support the arguments of either side; but these figures are eloquent and speak for themselves. They embody a large and vital portion of the history of Irish Primary Education, and are a proof of the interest which is being taken in it and of the activity of the architects behind the scenes. Long may this spirit of progress flourish and enlighten the generations that are yet to come!

It is only fair to say that, amid a good deal of discouragement and not always intelligent criticism, the National Board has proved itself broad-minded and open to argument wherever the interests of Irish Education have been concerned. Although nominated by the Lord Lieutenant, and therefore not an elected body, it has never lagged behind public opinion. In the teaching of the Irish language, for example, it has shown itself peculiarly sympathetic. In fact, the experience of the Board has been, that the Irish parents are not quite so anxious that their children should be taught Irish as the Gaelic League would have us suppose. Indeed, the difficulty of the Board has been to maintain sufficient interest in the subject. Nevertheless, it has done its best. In 1899, teaching in Irish was provided in 105 schools for 1,825 children. In 1911, it was provided for 180,000 children in 3,066 schools, and during the same time bilingual instruction has been introduced into some 200 schools.

In spite of what has been, and is being done, further reforms in primary education are still unquestionably required, and can, moreover, be easily effected without any of the convulsions of a constitutional revolution. The salaries of principals and assistants, especially in large and important schools, ought to be increased. In particular, the Pensions Act needs modification, for, under the present Act, teachers who retire before reaching the age qualifying for a pension receive gratuities considerably less than the Old Age Pensions. Even those who qualify for pensions are very shabbily treated if they retire before sixty years of age. Building grants also should be increased, so that the constant applications for the rebuilding of bad premises could be met.[91] The teaching of infants, greatly improved by the institution of junior assistant mistresses by Mr. Walter Long during his Chief Secretaryship, can be still further improved and brought up to the English standard; and the efficiency of primary education generally can be promoted in the direction of sympathetic appreciation of the real needs of the children, regarded from the point of view of thinking human beings, and not merely as recording machines.

The following desirable improvements may also be mentioned:—

(a) Encouragement of the teaching of gardening in connection with country schools for boys, at a cost of about £2000 a year.

(b) Provision for instruction in wood-work for pupils of urban districts, at central classes in technical schools, at a cost of about £4000 a year.

(c) The provision of medical inspection and the treatment of school children, which would cost about £30,000 a year, and dental inspection and clinics, which would cost another £50,000. This expense should be defrayed largely out of the local rates, one third, say £25,000, to come out of the estimates. There would also be the cost of supervision, etc., by the Education Department, amounting to about £5000 a year. Committees, as for school attendance, composed partly of representatives of school managers and partly of local authorities, could be formed for administration.

(d) A considerable impetus might be given to Evening Continuation Schools, on which about £10,000 a year is at present spent. A beginning could be made of compulsory attendance, and the amount of the grant doubled.

Much might be done in all these directions. Much has been accomplished already. The worst that can happen is that a separate legislature should be set up in Dublin, devoid of the requisite means, as it would most certainly be (unless, indeed, it had recourse to the rates, or the taxpayer) of financing Irish Education; swayed from side to side by the exigencies of the party programme of the moment; and temperamentally unable to look at the educational problem from the standpoint alone of the needs of the country in the way that it is now regarded. At present, under the Union, Irish Education is fortunately liberated from all appeals to party passion, and organised with but one end in view, the upbringing of the infant race whose possession is the future.