PARLIAMENT

Dominion, Volume 13, Issue 32, 1 November 1919, Page 8

PARLIAMENT

THE HOUSING SCHEME

RAILWAYMEN AND THEIR PAY

Tho Legislative Council met at 2.30 p.m. yesterday. A NEW BILL. Sir Francis 801 l gave notice of a Bill to.amend the New Zealand Institute of Architects Act. PROVIDENT SOCIETIES. The Industrial and Provident Societies Amendment Bill was committed, reported without amendment, read a third time aud passed. MINING AMENDMENT BILL PASSED, The Mining Amendment Bill was further considered in Committee. The Bill as reported from the Mines Committee contained a, new provision conferring special discretion upon the Court in suits for forfeiture of water rights. The principal Act provided that the Court might inflict n fine in lieu of decreeing a forfeiture where "special circumstances" were nroved. The Council's amendment was designed to give Ihe Court power to inflict a line instead of a .forfeiture in any ease in which the Court was satisfied that "in (he public interest or for other reasons it wa= just, and equitable" that a., fine should be so irflicWl. The amendment further provided that the Court should be permitted to exercise this extended discretion in_ ihe "determination of suits for forfeiture now pending, and in wliieh judgment has not been delivered, as weH as in suits to Ije heritor commenced." The Hon. .T. MacGregor objected to the .mpliontion of the extended discretion of tho Court to eases now awaiting decision. Sir Francis Bel! said that the aim of tile sub-elause was to ennble justice to be done bv the warden.' He instanced a case which he claimed the warden could not justly decide in the present state of the law. . . ,r « ■ A motion by the Hon. Mr. MacGregor to strike out'the portion of the amendment to which he took exception was lost by 21 votes to 4. The Bill was reported, read a third time, and passed. COAL MINES AMENDMENT. THE "STRIKE-BREAKING" CLAFSK. The Mines Committee reported the Coal Mines Amendment Bill with one amendment. The Bill as it passed the Lower Honso contained a. clause amending section G of the Coal "Mines Amendment. Act. IflH. The amendment in effect gave the Minister power to consent in urgent cases to the emnloyment in the mines of men not possessing the experience required by section fi. It made the consent, however, subject to tile recommendation of a Supreme Court Judge, who might hear snelt evidence as he deemed necessary. The alteration made by the Alines Committee of the Council consisted in deletion of the original proviso regarding the recommendation of a .Tiulge, and substitution 'of the following:— "No such consent shall be given cxrept subieet. to Ihe following condition' fi) The Governor-General may from time lo time appoint one or more. Judges_ol the .Supreme Court to be a commission which shall have all the powers and authorities of a commission under the Cornmissions of Tnquirv Act, 1908, and mav direct such commission to inqniro and report to the Governor-General upon the question whether circumstances havo arisen and continue to exist which render it necessarv in the nublic interest that, the consent of the Minister should ho granted uiklrv this fwlion. (ii) " tho report of the commission is to the effect that tho granting of_ such consent is necessary in the public interest then, ljti.l not otherwise, such consent may bo granted." , ~ , Sir Francis Bell moved the committal of the Bill. . The Hon. J. T. PALL considered that it would b-3 unfair to limit the activities of State-acnuired coal vessels to the carrying of coal front the State mines only. Of the clause amended bv the Mines Committee, he said that it was extremely unwise to bring Supreme Court Judges into such questions as tho clause referred to. The Judges should be kept freo of all appointments that miffiit be described as political. The clause was a strike-breaking clause, intended to allow the community to introduce into tho mines labour not provided for in the Coal Mines Act. _ If it wa.s true that the aim of the original section in the Act of 1914 was the pro. tcctiou of fin-roan life, that section should not be interfered with. He beliered that if any change was to be made, the responsibility should rest with the Minister alone, and should not lie put upon Judges of the Supreme Court. He believed that any attempt lo put the "strike-breaking clause" into operation would have the effect of stopping ever? coal mine in the country. Rather than enact such legislation ho considered it would be much wiser to make the big co-operative experiment to secure a continuous supply of coal to tlio people of New Zealand. Ho disavowed any intention of speaking for a lawless element. His advocacy had always been against the strike ant! the lock-out for the settlement of disputes. The Hon. J. B. GOW hoped that tho Council would confinn the principle that the community was entitled to provide against ciuo-ffuucies, and to prevent 0110 section from 'taking the rest of the community by the throat. The Hons. G. .T. GARLAND and AA. EAU-NSHAAV both thought that the proposed State colliers should be permitted to carry more than Slate coal. SIR WALTER BUCHANAN asked what was the country to do except get up aud defend itself if it was held up, as it liait been before, by the action of a section ? , , Sill FRANCIS BELL, in reply, said that he could not see his way. to ma.te anv amendment in the .clause relating to Slate colliers. He defended the "strike-breaking" clause to which Mr. Paul bid objected. It was all very well to lallc about the protection of human life, but the country must bo kept going, and it was not proposed to tako advantage of the clause until tho competent men had refused to work. The Bill was committed. The lion. Mr. MitcGregor moved an amendment to clause 15, which provides Unit tho Minister may require owners of coal-bearing lands to work them, or surrender them to the Government in return for certain compensation. The amendment was, in effect, that an owner already carrying on mining operations which were capable of being extended to the whole of his lands should not. be fiubicct to the provisions of the section. Mr. MacGregor apprehended that a Labour Minister (for instance) might one day do an injustice to a. mine-owner by requiring the latter to extend his operation; Wore he was prepared to do so. This hypothetical Minister migir.: wrong the mine-owner simply because the latter was a ' capitalist." Sir Francis Bell agreed that an owner was entitled lo a reasonable area lor lus future operations, but he said that it .was always impossible in cases liko those referred to in the section, to define the limit otherwise than by saving thai; the powc-r of the Minister to take land must be reasonably exercised.

Tho 1i0n...E. W. Alison was as stronglv onposed to the clause as was Sir. "MucGregor. He expressed surprise at the Government'.* bringing down something by which a grave injustice might bo done. Ha supported Mr. MacGregor's amendment, which he considered remedied the defects of the clnusp. The Hon. .T. 'J'. Paul thought that if fa.irlv administered the claus,-. would have Hie effect of prolectin'< I.lip inler-c-ds of the majority of the community. Hp could see no grounds for the apprehensions voiced by other hon. niem'*Sir William Hall-lnnr-i wished (o see tho (lav when the State would own all the coal mines. He fell, that ihe ebniso in dispute conferred powers that might in some cases be abused. Mr. MacGregnr* amendment was lost ), v ' <'i -iite- to in. _ >\t tlif evening the Hon. Mr. Pan! moved to strike out from juh,.lmhc -i of section 17 the words, derived from State con! mines." The subclause reads: "All vessels acquired by the. Minister under this section shall bo ii-ed primarily for the carriage! of coal

derived fretn Slale coal mines, but may also be used, in the discretion ot tho Minister, far the carriago of passengers and goods at such rates and on such conditions as may from lime to time he prescribed by the Governor-General by regulations lit that behalf, or, in default of such regulations, as nui\ be lixed by tho Minister." Mr. Paul wished to »eo the clause widened to permit other than State coal to be carried. The Leader of the Council observed that if such a proposal as Mr. Paul's had been before tho Lower House the debate upon the Bill there might havo taken a different course from that which it did Uike. Me would not accept the amendment. , . The Hon. R. Moore was afraid that if the iiili were overloaded with such amendments it might bo lost. Otherwise, ho was in favour oi' seeing the clause widened. Tho Hen. O. Samuel, Chairman of Committee, doubted whether the Hon. Mr. Paul's amendment was in order. Ho would ncccpt an amendment to insert after the word "carriago" the words "of coal other than coal derived from State coal mines aud . . .' Mr. Paul adopted the suggestion of the Chairman. He contended that it was ridiculous to exclude coal from other than State mines while providing for the carriage/of passengers and goods. Mr. Paul's .itneiulnient was lost by 1? votes to C.

The Hon. E. W. Alison moved the following amendment to sub-clause 2 of clause IS, to add after tho word. "approve" the words, "the provisions of this section shall have effect only where Ihe workmen employed are prepared to occupy such iTecommodatioii and pay for the use thereof such reasonable rental as may be satisfactory to tlio Minister." The sub-clause read:—"Accommodation provided for any workmen pursuant to this section shall be sp provided on such terms and conditions as the Minister may approve."

Mr. Alison urgea Iliac companies should bo protected against tho risk that after they had built houses they might see them lie unoccupied. Tho Leader of the Council asked Mr. Alison to reiy lipun tlio fairness of tho Minister '.. liose duty it would be to serve notice upon coal mine owners when he (the Minister; thought it necessary for accommodation to be provided. The amendment was lost on the voices. The Bill was reportel with tne amend, ment made by lite Mines Committee in .the oabate as the "strike-breaking clause.") Tho Bill was reao: a third time and passed. SHEARERS' ACCOMMODATION. In moving the second rending of the Shearers' Accommodation Bill, Sir Francis Bell said that he proposed lo strike out the sub-section which entitled the employer to deduct from tho wages of shearing expenses incurred in repairing damage done by tho men.

SIP WALTER BUCHANAN referred to the clause detailing the accommodation to be provided by sheepowners. Farmers, he said, would bo at their wits' ends lo decide what was likely to pass the inspector. ' Nobody knowing the requirements, ho inferred, had had anything to do with tho framing of Ihe Bill. The Bill was react a. second time. Tn committee on the Bill, The Leader of the Council inserted a provision' thut the Bill should commenco on January 1. l'J-0. When clause 3, relating to appointment of inspectors, was reached. Sir AValter Buchanan expressed ihe opinion that, if fustico was io be done tho inspectors should be specinl_ inspectors acouninled with the operations conducted in shearing sheds The sub-clauso that Sir Francis Bell, in moving the second reading, had proposed' tn strike out, was struck out accordinslv. The Bill was reported with the amendments mentioned, and was read a third time and passed. . BILLS PASSED. The Statute* Repeal and Fxniring Laws Continuanc Bill and the Maori Representation Bili were put through their final stages and passed without amendment.

ARCHITECTS' AMENDMENT BILL. In accordance with notice given earlier in the day. Sir Francis Bell introduced thf. New Zealand Institute Arcliite"ts Amendment Bill. He explained that the obiect of th» Bill was to extend to TVfemher SI. IWO, the period of registration for men who hav been on serviee.

The Bill was put through committee. Its third reading was ronde an order of the d»v for next sitting day. At 10 n.m. the Council adjourned till U a.m. to-day.