HOUSING: 'he Growth of State Interest and Control and what it may lead to. ^Being a Lecture delivered before the Royal Philosophical Society of Glasgow, on 1st December, 1920.) BY W. E. WHYTE, SOLICITOR, HAMILTON, Clerk to the District Committee of the Middle Ward of Lanarkshire. EDINBURGH AND GLASGOW : WILLIAM HODGE & COMPANY, LIMITED, PRICE ONE SHILLING NET. HOUSING: The Growth of State Interest and Control and what it may lead to. (Being a Lecture delivered before the Royal Philosophical Society of Glasgow, on 1st December, 1920.) BY W. E. WHYTE, SOLICITOR, HAMILTON. Clerk to the District Committee of the Middle Ward of Lanarkshire. EDINBURGH AND GLASGOW : WILLIAM HODGE & COMPANY, LIMITED, HOUSING : The Growth of State Interest and Control and what it may lead to. THE housing question or, to be more explicit, the prob- lems connected with the housing of the people are not of recent origin. They have engaged the attention of phil- anthropists, statesmen, and Parliaments for generations. Complexity and difficulty have increased as time has gone on, and while the State has toyed with the question of direct public control of the housing of the people, an out- standingly important step was taken last year when the duty was unequivocally placed upon local authorities to take adequate measures from time to time, and as often as occasion requires, by way of providing suitable and sufficient houses for the working classes. Prior to the middle of the nineteenth century the housing problem, as we now understand it, did not exist. Insani- tary conditions were, of course, woefully common and wide- spread, but, having regard to the different standards which prevailed, and to the general distribution of the popula- tion throughout the urban and rural districts of Scotland, it is not surprising that in the earlier decades of the century the dangers of insanitary modes of living were not so obvious as to compel recognition and to demand the application of remedial measures. It was only when the effects of that group of economic forces collectively known as the industrial revolution had penetrated into the lowlands of Scotland that public attention was arrested by the invasion of the towns and villages by increasing masses of regularly and casually employed workers, compelled to reside as- near to their work as possible, and in most cases unable to afford the expense of any but the most humble homes. Even under modern conditions, and with the powers and funds now at their disposal, the resources and ingenuity of local authori- ties would have been taxed to their utmost in the attempt to regulate the housing of so large a proportion of the popu- lation. The undeveloped authorities of the time, so far from adequately coping with the situation, totally failed in most instances to appreciate ' its significance, not only to those immediately concerned, but to the com- munity at large; and in some cases even contributed to accentuate the overcrowding and overhousing by acquir- ing for the erection of public buildings sites which were urgently needed for workers' dwellings. By the united operation of these causes, combined with the rapid increase in numbers of the lowest strata of the population, there was produced by 1840 that serious menace to the public health and general well-being of the country for which a complete remedy has not yet been provided. A study of the earlier laws relating to the housing of the people is both interesting and informative, as showing the views taken by the Legislature at various periods, and the provisions which were conceived to be appropriate for deal- ing with this all-important social question. The first housing enactment of note was passed in 1846 as one of the fruits of the agitation of the small band of phil- anthropists, headed by the Earl of Shaftesbury, to whose unremitting efforts were due so many humanitarian pro- visions which were added to the statute book about this time in the teeth of opposition of the supporters of the laissez- faire doctrine. This statute was the Nuisances Removal and Contagious Diseases Act, 9 & 10 Viet. o. 96, and it provided that if two medical men certified to a burgh authority that any dwelling-house or other building was in " a filthy and unwholesome condition," the burgh authority might apply to the Sheriff for an order calling upon the owner to remove the nuisance. Unfortunately this enactment proved a dead letter, and two years later there was passed an amending Act, namely, the Nuisances and Contagious Diseases Act, 1848, 11 & 12 Viet, c. 123. Such evidence as is available points to the view that resort was rarely had to the powers provided by these statutes, and that negligible results were achieved. Meantime the housing problem began to take a strong hold upon the public imagination, and the important dis- covery was made that the application of measures designed merely to improve existing property, much less the piece- meal removal of only the most flagrant plague spots, would never cure the malady unless definite action was taken simultaneously with a view to providing additional accom- modation of a suitable character. The Earl of Shaftes- bury won general acceptance for this view and for the State's corporate responsibility in relation thereto, by carrying into law the Labouring Classes' Lodging-Houses Act of 1851, 14 & 15 Viet. c. 34, which empowered local authorities to provide and maintain " lodging-houses " for the artisan labouring classes; but it was on private enterprise rather than on State intervention that public opinion relied for the provision of the necessary housing accommodation. In 1847 operations were commenced by the Metropolitan Asso- ciation for Improving the Dwellings of the Industrial Classes, one of the first of the semi -philanthropic associations whose efforts both in London and throughout the country have done so much to provide sanitary and convenient dwellings on sites previously occupied by slums of the worst character. Unfortunately Scotland had no George Peabody to take the lead in financial undertakings of this nature, but sufficient reliance was placed in private enterprise to justify the passing into law in 1855 of the Dwelling-Houses (Scotland) Act, 18 & 19 Viet. c. 88, a somewhat singular enactment (which did not apply in counties) designed to encourage and regularise the formation of associations for the erection or improvement of dwelling-houses for the working classes. In the following year (1856) a definite advance in " im- provement " legislation was made by the third Nuisances Removal Act, 19 & 20 Viet. c. 103, which proceeded upon the recital that the earlier Acts of 1846 and 1848 had failed to attain their object. In this Act we find for the first time the expression which 8 has since become so common, " unfit for human habita- tion. 3 ^ In view of the difficulty of obtaining money for such* volun- tary associations as it was the object of the Dwelling-Houses (Scotland) Act of 1855 to encourage, another Act was passed intituled " An Act to enable the Public Works Loan Com- missioners to make advances towards the erection of dwell- ings for the labouring classes." This Act was known as " The Labouring Classes' Dwelling-Houses Act, 1866," 29 & 30 Viet. c. 28, and was deemed to be incorporated with, and was to be taken as part of the Labouring Classes' Lodging-Houses Act, 1851, which had applied only to England. The Act of 1866 marks the first admission on the part of the Government of a. duty, however limited, to lend financial assistance in the provision of housing. Simultaneously with the problem of additional housing, the question of the improvement of existing accommodation and the demolition of houses unfit for human habitation had been under careful consideration, and in the Public Health (Scotland) Act, 1867, 30 & 31 Viet. c. 101, special atten- tion was given to the eradication of nuisances, while a special section was devoted to an attack upon " underground dwell- ings." The 1867 Act was a comprehensive measure and dealt with many aspects of public health, including sanitation, hospital provision, the appointment of medical officers and sanitary inspectors and the like. The next Act which followed was limited in its applica- tion to burghs and police burghs. It was intituled " An Act to provide better dwellings for artisans and labourers," and was known as " The Artisans' and Labourers' Dwellings Act, 1868," 31 & 32 Viet. c. 130. Under this Act certain powers were conferred on local authorities as regards houses occupied by the working classes which were unfit for human habitation. The Artisans' and Labourers' Dwellings Improvement (Scotland) Act, 1875, 38 & 39 Viet, c, 49, was an Act " for facilitating the improvement of the dwellings of the work- 9 ing classes in large towns in Scotland," and introduced a new feature, as it authorised local authorities to deal with unhealthy areas by means of an improvement scheme. It applied only to Royal and Parliamentary burghs in Scot- land containing, according to the last published census for the time being, a population of 25,000 and upwards. The Act of 1875 was followed by the Public Works Loans Act, 1879, 42 & 43 Viet. c. 77, which was "An Act to amend the Acts relating to the Public Works Loan Commissioners " and for other purposes, and made provision for advances being made by the Public Works Loan Commissioners. The next Act was the Artisans' Dwellings Act, 1882, 45 & 46 Viet. c. 54, which was intituled " An Act to amend the Artisans' and Labourers' Dwellings Act." All the sections of Part I. applied only to England. Part II., however, which applied to Scotland, provided that if in any place to which the Artisans' and Labourers* Dwellings Act of 1868 applied it was found that any build- ing was an " obstructive building" and impeded ventilation, steps could be taken in terms of the Act to have it pulled down. It is interesting to note that under sub-section (8) of section 8 of this Act. what is now popularly known as the principle of betterment was recognised. Prior to the Act of 1890, which was a consolidating Act, the last of the housing statutes was intituled "An Act to amend the law relating to dwellings of the working classes, and was known as the Housing of the Working Classes Act, 1885," 48 & 49 Viet, c. 72. The Act of 1885, though of comparatively recent date, is now only of historical interest, and is merely a link in the chain connecting the earlier legislation with that of the present day. The Housing of the Working Classes Act, 1890, consoli- dated the provisions (so far as retained) of the repealed Acts, and introduced considerable amendments. While the original provisions of this Act have since been in many respects super- seded, and in other important respects extended and enlarged by subsequent legislation, it is still referred to as " the principal Act." 10 Part I. of the Act dealt with " unhealthy areas," and applied to burghs only. The local authority, if satisfied of the unhealthiness of a district, are empowered to make a scheme for its improvement. Part II. of the Act deals with " unhealthy dwellings," i.e., houses unfit for human habitation, and now applies to both burghs and rural areas. Provision is made for a closing order where necessary and the demolition of such houses. In areas where houses have been closed under a closing order the local authority is empowered to proceed with reconstruction schemes. Obstructive buildings also come within the purview of this part of the Act, and, if necessary for the remedying of evils arising therefrom, such buildings can be pulled down. Part III. of the Act, which was adoptive, contained the substantive provisions empowering local authorities to acquire land and erect buildings suitable for lodging-houses for the working classes. It may be of interest to refer briefly here to the extent to which those powers have been exercised by local authorities, and this can best be done by quoting the following extract from the Minority Report of the Royal Commission on the Housing of the Industrial Population of Scotland, afterwards referred to. From a table contained in the report it is found ' ' that all the housing already provided by local authorities throughout the whole of Scotland was only sufficient to accommodate 3484 families out of a total of separate families (as given in the census of 1911) of 1,949,147, or in the cities dealt with, of 346,387. In four only of these burghs (G-lasgow, GreenO'ek, Perth, and Oban) do the houses provided equal 1 per cent, of the whole, and in these it may be said that the Town Council has made an appreciable contribution to the housing of the burgh. Indeed, Glasgow has rehoused approximately the same number of persons (and nearly the same percentage of the population of the city before the last extension) as have been rehoused in the much more celebrated Liverpool housing schemes." The Local Government Board has issued a return which 11 seems to bear out the contention that local authorities have not shown any great eagnerness in the past to provide houses. It gives the number of schemes either initiated or contem- plated by local authorities and approved by the Board up to March, 1915. These are grouped under the following six headings : (a) Schemes approved by the Board since 1913, - 8 (6) Schemes being considered by the Board, - 14 (c) Schemes on point of submission to the Board, - 1 (d) Schemes under preparation, 11 (e) Local authorities considering schemes, - 16 (/) Local authorities with whom the Board are in communication, - - 10 A further return also supplied by the Local Government Board gives the extent of such operations promoted by local authorities during the year 1913, and in the twenty- third year after the passing of the 1890 Act, which shows that for the whole of Scotland, for that year, the financial obliga- tions undertaken by local authorities for housing amounted to rather less than 21,000. The Burgh Police (Scotland) Act, 1892, was a statute of far-reaching importance, and contained many excellent pro- visions relating to the housing of the people. The Public Health (Scotland) Act, 1897 (a very important measure), did not essentially deal with the housing of the working classes, although it introduced far-reaching pro- visions relating to the construction of houses in county areas. The Housing of the Working Classes Act of 1903, which mainly dealt with certain minor amendments, did not until 1909 apply to Scotland. One of its most important provisions was to the effect that Part III. of the Act of 1890, dealing with the provision of houses for the working classes, was to extend to, and take effect in, every burgh and district in Scotland for which it had not been adopted, as if it had been so adopted. The next important phase in the housing question in Scotland was the appointment of a Royal Commission in 1912. The duty entrusted to the Commissioners by the Royal 12 Warrant, dated 30th October, 1912, was "to inquire into the housing of the industrial population of Scotland, rural and urban (with special reference in the rural districts to the housing of miners and agricultural labourers), and to report what legislative or administrative action is, in their opinion, desirable to remedy existing defects." The Commissioners examined numerous witnesses, made various visits of inspection, obtained returns from local authorities, and supplemented the information thus gained by instructing special investigation by technical officials. Startling figures are given as to the housing conditions in Scotland. The Commission found that in 1911 45.1 per cent, of the population were living more than two in a room, 21.9 per cent, more than three in a room, and 8.6 more than four in a room. In 1911 there were 129,731 single-apartment houses in Scotland, equal to 12.8 per cent, of the total number of houses. In the