Report of the Royal Commission on the Poor Laws and Relief of Distress. : Appendix Volume VI. Minutes of evidence (95th to 110th days and 139th and 149th days) with appendix. [This volume contains the oral and written evidence of witnesses from Scotland. The evidence relating to unemployment will be found in Appendix volume IX].

  • Great Britain. Royal Commission on the Poor Laws and Relief of Distress.
Date:
1910
Catalogue details

Licence: In copyright

Credit: Report of the Royal Commission on the Poor Laws and Relief of Distress. : Appendix Volume VI. Minutes of evidence (95th to 110th days and 139th and 149th days) with appendix. [This volume contains the oral and written evidence of witnesses from Scotland. The evidence relating to unemployment will be found in Appendix volume IX]. Source: Wellcome Collection.

Provider: This material has been provided by London School of Hygiene & Tropical Medicine Library & Archives Service. The original may be consulted at London School of Hygiene & Tropical Medicine Library & Archives Service.

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    6 May 1907. Power to appoint Com- missioiiers for special inquiries. Appointment of general superin- tendents of the poor. Abolition of Board of Supervision ; establishment of Local Government Board, and constitution thereof. Mr. Euan in giving evidence before the Scotch Office Enquiries Macpherson. Commission (the Cumperdown Commission) of 1870, points out that the three Sheriffs were appointed as representing agricultural, mining and manufacturing, and north Highland counties respectively. 6. Section 5 of the Act provided that one of the appointed members was to be paid, and that in addition to attending the meetings of the Board he was to give regular attend- * ance for the purpose of conducting the business of the * said Board; that there was to be a paid secretary, and that the Sheriffs were to receive the sum of £100 (increased in 1867 to £150), in addition to their salaries, as long as they remained members of the Board. 7. By section 10 the Board were empowered to appoint one of their number to conduct sj^ecial incpiiries, by section 11 to appoint Commissioners for conducting special inquiries, and by section 14 to appoint such clerks and officers as they might deem necessary. 8. The only other Act to which I need refer in connection with the Board of Supervison is that of 1856 (19 & 20 Vict., c. 117), imder which the Board 'were empowered to appoint two general superintendents of the poor to assist in the execution of the Poor Law Act, and to assign to them the superintendence of districts and the exe- cution of such duties under the Act as they might think fit. Tliese have now, by arrangement with the Treasury, been increased to four. (6) The Local Government Board. 9. In 1894 the Local Government (Scotland) Act, 1894, was passed, which abolished tlie Board of Supervision and transferred their functions, with important additions, to the Local Government Board (sec. 2). 10. The Board consists of tliree ex officio members, viz., A president, being the Secretary for Scotland, the Solicitor- General for Scotland, and the Under-Secretary for Scot- land, together with three salaried members appointed by the Crown, viz., A vice-president, a legal member, and a medical member (sec. 3). I do not propose at this stage to go at length into the duties formerly performed by the Board of Supervision and now by the Local Govern- ment Board, as it will, I think, probably be more con- venient that these should be narrated at length by those witnesses who will aj^pear to give an account of our system of administration. Annual 11. I may, without going into detail, state generally that Report of tlie Board are required, in terms of Section 8 of the Board's pro- Poor Law Act, 1845, as amended by the Secretary for ceedings. Scotland Act, 1885, to submit every year to the Secretary for Scotland a general Report of their proceedings, with a statement as to condition and management of the poor throughout Scotland and the funds raised for their relief. Every such Report must be laid before both Houses of Parliament witliin six weeks after its receipt by the Secretary for Scotland, or if Parliament be not then sitting, within six weeks after the next sitting of Parliament. Issue of rules, 12. The Board, while they have no power to issue Orders minutes, eto. similar to that which I understand is exercised by the for guidance English and Irish Local Government Boards, are in the of Parish habit of issuing general regulations, rules and minutes for Councils. the guidance of Parish Councils (the local authorities who now administer the Poor Law). These — which are printed from time to time in book form, and are sup- plied to all Inspectors and Parish Councils—are, for the Board's most part, in the nature of recommendations, expres- powers as sions of opinion, and records of decisions given by the to : Poor Board. They may inquire into the management of the Law inquiries; poor in every parish, hold incpiiries, examine witnesses combining on oath, and appoint commissioners. The Board have parishes; powgr to combine jjarishes for Poor Law purposes and to dissolve such combinations, but this power can only be exercised after a resolution in favour of combination or dissolution has been passed by the parish councils affected (1845 Act, sec. 16 ; 1861 Act, 24 Vict. c. 18, sec. 4). They Poorhouses; further exercise certain controlling powers in regard to the erecticjn of poorhouses, their maintenance, management, Complaints of discipline (1845 Act, sees. 60-4). They consider inadequate complaints of inadequate relief (the name given to a com- relief; plaint made by an individi al pauper, that the relief offered him by a Parish Council is insufficient), a*nd in the event of their being satisfied on inquiry that the complaint is well founded, and of the Parish Council refusing to increase the relief, give facilities to the pauper for raising an action in the Court of Session. (It should be noted, however, that Parish Councils almost invariably carry out the Board's recommendations.) During the Board's powers as to: Defaulting Parish Councils; Inspectors of poor; Disputed settlements ; Removal of paupers Attending Parish Council meetings ; Local Taxa- tion contribu- tions : dependency of any such action the Board may order interim aliment to be paid to the pauper. No action relative to the amount of relief granted is competent without an Order by the Board (1845 Acts, sees. 74-5). Where Parish Councils fail to carry out their duty under the Poor Law Acts, the Board compel them to do it by applying by summary petition to the Court of Session (sec. 87). The Boai'd to a large extent control inspectors of poor and regulate the administration of their duties (1845 Act, sec. 55). These officials can only be dis- missed with the sanction of the Board, and may be suspended or dismissed by the Board if they fail or neglect or refuse to discharge the duties of their office, or shall, in the opinion of the Board, be unfit or incompetent to discharge these duties (1845 Act, sec. 56). 13. The Board determine cases of disputed settlement of poor persons referred to them in terms of the Poor Law (Scotland) Act of 1898 (61 & 62 Vict. c. 21, sec. 2). They receive and dispose of appeals against removal of paupers from one parish to another in Scotland, and from Scotland to England and Ireland (61 & 62 Vict. sees. 3-5). They assist Parish Coimcils with their advice in cases of diffi- culty. Members of the Board or their officials have power to attend meetings of Parish Councils and take part in the discussions, but not to vote (1845 Act, sec. 15). 14. The Board examine the claims of Parish Councils to participate in the grants from tlie Local Taxation (Scot- land) Account on account of medical relief and the main- tenance of pau]3er lunatics, and certify to the Secretary for Scotland the amount to he, paid to each Parish Council. See sections 19, 22 (4) of the Local Government (Scotland) Act, 1889 (52 and 53 Vict., cap. 50), which stereotype the conditions of participation. I may .'-ay in passing that this stereotype has proved most inconvenient in practice, and it formed the subject of a Departmental Inquiry in 1904, as to which my colleague. Dr. Mackenzie, will give evidence. 15. The Board appoint auditors of Parish Council accounts and control their fees; they prescribe the forms of accounts, make rules as to payments, and decide all questions of surcharge (1894 Act, Sec. 36). They possess certain powers in connection with borrowing by Parish Councils (1845 Act, Sec. 63 ; 1886 Act, 49 & 50 Vict. c. 5, Sec. 3 ; 1894 Act, Sec. 38 (1) ; 1845 Act, Sec. 53), and with the management of parochial trusts (1894 Act, Sec. 3(»). 16. This sketch of the duties of the Board is, as I have pointed out, in no way exhaustive, but is intended to give merely an outline thereof. (2) THE LOCAL AUTHORITIES. 17. We find that by the Acts of 1574 and of 1579, c. 7, Early Poor which have been said to have laid the basis of our present Law authori- parochial system, certain duties were laid upon the ties and their magistrates of the burghs and the justices in rural tluties. parishes. I need not go into these duties here, beyond saying that the Act provided for the keeping of a list of paupers, for the appointment of overseers and collectors and for a compulsory assessment upon the whole inhabitants of a parish, this assessment being in supplement of church and other voluntary collections. There thus was a clearly defined local authority with definite powers and duties. 18. The Acts 1592, c. 67, and 1600, c. 25, transferred the power of executing the last-mentioned Act in landward parishes to the kirk session—i.e. the ministers and elders of the parish. The Act 1672, c. 18, associated the heritors or landowners of the parish with the kirk session in landward parishes. No further change was made in the administrative bodies by the various Acts and Royal Proclamations made after this last date up to 1845. Accordingly, at the time when the Act of 1845 was passed the bodies in charge of the administration of relief to the poor varied in accordance with the nature of tlie parishes. In burghal parishes—i.e. parishes wholly within a Royal or Parliamentary burgh— the duty of providing funds as well as of administering relief was imposed upon the magistrates of the burgh. In practice the ordinary management of the poor M^as de- volved on a committee of managers chosen according to the customary usage of each burgh. 19. In rural or landward parishes the body invested with the duty was composed of the kirk session (the ministers and elders of the parLsh church), and of the heritors or landowners in the parish. 20. In parishes partly burghal and partly landward the Audit of Parish Council accounts ; Borrowing by Parish Councils; and Management of Parish Trusts.