HC Deb 01 April 1897 vol 48 cc296-7
MR. T. M. HEALY

I beg to ask the Attorney General if he was consulted by the Home Office before the Petroleum Acts, 1871 to 1881, were declared applicable to carbide of calcium; if so, was it on the ground that these Acts apply only to a liquid and not a solid that Section 7 of the Act of 1871 was declared non-applicable to carbide, and the public are forbidden to have the smallest quantity without licence of an admittedly non-inflammable solid; and what means exist for testing the legality of applying by Order in Council (published in The Gazette of 2nd March) Acts dealing with a particular liquid substance, to a solid body not then in the contemplation of Parliament?

THE ATTORNEY GENERAL

I must decline to answer the Question whether I was consulted by the Home Office, or the grounds of any opinion which I may have, given, but I looked into the Act, and, assuming carbide of calcium to be of a like nature from the point of view of danger and liability to explosion, I am of opinion that an Order in Council may properly be made to apply the Petroleum Acts thereto. The legality of the Order can be raised in any proceedings taken to recover a penalty under the Act. The information in the possession of the Home Office, and the accidents which have occurred, do not support the view that the substance is non-inflammable solid. I may add that, the information given me at the Home Office with regard to the substance itself, and the accidents which happen, dues nut confirm the view suggested in the Question.

In answer to a further question by Mr. T. M. HEALY,

THE ATTORNEY GENERAL

said: I do not think that the Act dues apply only to liquids.

MR. T. M. HEALY

I beg to give notice that as soon as the Home Office Vote and the salary of the Attorney General come on, I shall raise this Question again.