HC Deb 24 July 1863 vol 172 cc1428-9

Lords Reasons for disagreeing to one of the Commons' Amendments considered.

Amendments made by The Lords to the Amendments made by this House agreed to.

MR. SOMERSET BEAUMONT

said, that that House had decided by a majority of 87 to 62 in favour of the insertion of a clause taken from the Factory Act, but the Lords had disagreed to that Amendment. The clause was one of two which provided that masters should not be liable for the acts of their servants of which they had no knowledge, and which the manufacturers had particularly urged should be adopted for the protection of their interests. As the manufacturers had given every assistance to the passing of the Bill, although it interfered with their trade, it was only fair that the House should now adhere to its previous decision in regard to the clause. He moved that the House do insist on its Amendment.

LORD STANLEY

said, that the Lords had disagreed with the Amendment after a full discussion, and involving as it did a vital point—namely, that the penalty should be imposed on the manufacturer rather than on the workman, he saw no reason for disagreeing from it. The penalty proposed was very small, and would probably be attended with great benefit. The clause inserted in that House was at variance with the general principles of the law.

MR. DOULTON

said, he hoped the clause would be retained. No sufficient reason had been assigned by the Lords for its omission.

COLONEL WILSON PATTEN

, said, he thought the arguments in favour of the adoption of the Amendment made by the Lords was conclusive. The master manufacturers deserved every consideration at the hands of the House, but they need be under no apprehension as to the manner in which the Act would be worked if the Amendment of the Lords were adhered to. Prosecutions would be undertaken solely by the direction of the Inspectors, and in giving those directions they would be governed by fixed rules.

MR. H. A. BRUCE

said, he did not attribute very great importance to the clause on cither side. Prosecutions could only take place at the instance of an Inspector, in concert with the Board of Trade. But the masters preferred the protection of the clause rather than the arbitration of the Board of Trade. He was therefore inclined to support the proposal of his hon. Friend for insisting on the re-insertion of the clause.

Motion made, and Question put, That this House doth insist on the Amendment made by this House to the said Bill to which the Lords have disagreed."—(Mr. Somerset Beaumont.)

The House divided:—Ayes 46; Noes 31: Majority 15.

Committee appointed, To draw up Reasons to be assigned to The Lords for insisting on the Amendment made by this House to the said Bill to which The Lords have disagreed:"—Mr. SOMERSET BEAUMONT, Mr. DOULTON, Mr. BRUCE, Sir GEORGE GREY, Mr. PEEL, and Mr. BRAND.

To withdraw immediately; Three to be the quorum.