Part of Orders of the Day — UNIVERSITIES OF OXFORD AND CAMBRIDGE BILL [Lords]. – in the House of Commons am ar 20 Gorffennaf 1923.
The right hon. and learned Gentleman the Member for Spen Valley (Sir J. Simon) has raised a very important question, on which no doubt the House would like to have some information from the right hon. Gentleman in charge of the Bill. He raised a question as to whether or not, as the Clause now stands, the Commissioners would be bound to deal with this question of the position of women at
Cambridge University, and as to whether or not the Amendment now proposed would make any difference at all. I agree with the right hon. and learned Gentleman that the matter is by no means free from doubt, and, under these circumstances, one has to form one's own conclusion. For my part, having carefully looked into the matter, although I have some doubts, because I am quite aware that other lawyers have presented, or may present, a different view, I have formed an opinion, and I intend to act upon it. It seems to me that the Clause as it stands certainly gives power to the Commissioners to deal with all the recommendations of the Royal Commission. It is quite true that among the recommendations of the Royal Commission is the subject of the position of women at Cambridge, but it must not be forgotten, as the right hon. and learned Gentleman pointed out, that, although they are to deal with these matters "in general accordance with the recommendations," they are also to deal with them as
may, after consideration of any representations made to them, appear expedient.
It seems to me therefore that, as the Clause stands, it is quite clear that the Commissioners would be entitled to say, "Among the various questions that we have to deal with is the position of women at Cambridge University. We will discuss it and consider it and have representations made to us upon the point." If, after those representations had been made to them, they thought it right that they should go no further, no one could possibly complain that they had exercised their discretion outside the limits given them by the Act. The Act gives them a duty to frame the Clauses in general accordance with the recommendations, and I think they could quite fairly claim that they had carried out that duty if they had formed and framed recommendations in respect of 90 or 95 per cent. of the recommendations which are to be found in the Report of the Royal Commission. No one could say that they are specifically to take up one recommendation rather than another. Generally speaking, they have to deal with the body of them excluding such, as, after representations made to them, appears expedient to them. That is the freedom which I gather is given to the Commissioners under the Clause as it stands.
Let me now deal with the Clause after the Amendment, if it be accepted, is put in. There is a rule of law, well known, and it is also a rule of common sense, that if you refer to a matter in particular it is excluded from the general words; indeed, that by introducing a particular matter you intend that particular matter to be definitely brought into the purview of the Clause. Therefore, while the general considerations that I have pointed out may apply, by adding these words,
including the recommendation of the Cambridge Committee as to the position of women in Cambridge,
it seems to me that you take that particular matter from the general freedom given to the Commissioners; and I have little doubt—and I think most lawyers would say—that with those words in there, would be a particular duty, apart from the general duty, that the Commissioners should and must deal with the position of women at Cambridge. If they failed to deal with the position of women at Cambridge, it would be said of them that they had not fulfilled their duty, because a particular reference was made to a particular matter, and they were not entitled to lay that aside even after consideration of any representations made to them. I may be right or I may be wrong, but I hold that the introduction of these words does lay upon the Commissioners a particular duty which they will have to perform and one which they cannot exclude on general grounds, and, as to that particular duty, the Clause provides that they shall make Statutes. I have ventured to offer my opinion to the House for what it is worth, but, for my own part, I shall act as holding the opinion that the introduction of these words does impose a particular duty upon the Commissioners. It is really in the nature of an instruction to the Commissioners to deal with and find a solution of the question of the position of women at Cambridge.
Holding that view, I come to the consideration of the question as to whether I am in favour of the Amendment or not. I am one of the London lawyers, at whom the hon. Member for Central Newcastle (Mr. Trevelyan), who is now leaving the House, offered a sneer, who has been down to Cambridge on a number of occasions and has consistently voted for women having as large a position and rights as could possibly be given to them at Cambridge. It is not fair to say that the London lawyers, as a whole, have been down and voted against the women. I suppose the hon. Gentleman has not taken any care to ascertain his facts, and he seems to run away from them. I have been going down to Cambridge to vote for women for something like 20 years or more. Recently I went down at considerable inconvenience. One visit, I remember, was the prelude to all-night sitting. I therefore approach this question as one who has been consistently anxious that the position of women at Cambridge should be enlarged and that they should be given as much right as possible. In that, therefore, I differ from the right hon. and learned Gentleman the Member for the University of Cambridge (Mr. Rawlinson).
But is that the only question we have to consider? I think not. For my own part, I attach immense importance to the autonomy of the Universities, and it is worthy of observation, and note that almost all the University Members in this House have been, or are prepared to be, against this Amendment on the ground that they feel that an inroad would be made upon the autonomy of the University. I think I am right in saying that in the Committee upstairs the right hon. Gentleman opposite (Mr. Fisher), the Noble Lord the Member for Oxford University (Lord Hugh Cecil), and other University Members have all, except the junior Member for Cambridge University (Mr. J. Butler), who moved this Amendment, been against this instruction, on the ground that the autonomy of the Universities might be imperilled if it were admitted to the Bill. It does not stop there. We have been definitely threatened—we were on the Second Reading of this Bill—that a claim would be put forward and established, by reason of the fact that a subsidy was to be given to the University, that there was a right on the part of this House no longer to leave the Universities autonomous, and that such views as were taken by this House should be clearly forced upon the Universities. As one who loves not only my own University, but the system of Universities in this country, I am definitely opposed to any inroads upon the autonomy of the Universities. I should find myself in great difficulty in voting for any Clause which imperilled that autonomy, particularly after the claim which has been made by hon. Members above the Gangway opposite.
I therefore find myself unable to vote for this Amendment, anxious as I am that this question should be settled, and settled in favour of the women. Since the Bill was in this House on Second Reading, I have once more been in touch with a number of those at Cambridge University who are in favour of the women. I find that, strong as their desire is that the question should be settled, and that the women should be given as large privileges as possible, they are extremely uneasy at the possible results of inserting this instruction. They share all the views that I do; they want the question settled; and they want the women to have large privileges, but on the question of the method they have grave misgivings. They think that to insert this instruction would only arouse certain bitterness at the University, and that the question, instead of being happily settled on a basis on which common rights might be preserved to both sexes, a certain amount of irritation would be caused which would be by no means favourable to the cause of women in the long run. I share that misgiving.
My own view is that the women are sure to be admitted to the University, and that undoubtedly full privileges will be given to them when, and as soon as, the new constitution of the University is set up. The difference is but a matter of a year or two at most, and, strong supporter as I am of the privileges for women, I think a grave mistake will be made if through mere haste we arouse irritation at the present time After all what is a year or two in the life of the University or in the course of this grave and important question? Is it not far more important that with good will and greater generosity on both sides this question should be really settled on sound lines, rather than that by haste, an attempted settlement should be imposed upon a very independent body, namely, the University. That, in my view, will not conduce to success in the end. When I vote against this Amendment, it will be not because, as the hon. Member for Cambridge (Sir D. Newton) said, I desire to put off the evil day—I shall welcome the happy day when the question is settled—but because I believe that the method is wrong, and because I believe those who have the best wish to advance the cause of women's education would be well advised to wait a little longer and get the matter more carefully considered. If by so doing we resist the claim to a right of interference by this House because of a subsidy being given, and if by that vote we preserve the autonomy of the University, we shall have conserved and preserved to both sexes a great University and a great principle of University teaching, and that is the large question, the bigger issue, on which I believe this House ought to give its vote to-day.