HC Deb 29 July 1890 vol 347 c1161
MR. BROADHURST (Nottingham, W.)

I beg to ask the Secretary of State for the Home Department whether his attention has been called to the decision of the Judges in the High Court at Edinburgh on the 14th instant, in the case of an appeal from the Court of the Sheriff Substitute at Dundee, under "The Factory and Workshops Act, 1878," and to the opinion expressed thereon by the Lord Justice Clerk that the fact that the woman alleged to have been illegally employed in a workshop having remained at work of her own "free will" and without the knowledge of the occupier, exonerates the latter from responsibility for the offence; and whether he will take the necessary steps to obtain from the High Court at Edinburgh a declaration of the legal construction to be put upon Sections 83, 86, and 87 of "The Factory and Workshops Act, 1878?"

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT (Mr. MATTHEWS,) Birmingham, E.

Yes, Sir; my attention has been drawn to the decision of the Justiciary Court of Appeal at Edinburgh in the case in question. I have consulted the Lord Advocate, and am advised that there is no procedure by which the decision in this particular case can be brought under review. In view, however, of the importance of the question at issue, I have given instructions to the Chief Inspector, in the event of a similar case recurring, to take steps to bring the point of law involved again before the High Court of Justiciary for further consideration.

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