HC Deb 12 August 1909 vol 9 cc641-2
Mr. KEIR HARDIE

asked the Lord Advocate whether his attention has been drawn to a decision by Sheriff Macaulay Smith, in the Berwickshire County Court, in which it has been held that a farm servant is only free to attend a hiring fair for the purpose of securing employment when he can do so subject to the convenience of the farmer by whom he is employed; and whether, seeing that this deprives the farm servants of Scotland of an immemorial right to attend these fairs which is the recognised method of obtaining employment, he will say whether he proposes to take any, and, if any, what, action in the matter?

The SOLICITOR-GENERAL for SCOTLAND (Mr. Arthur Dewar)

The Lord Advocate has made very full inquiry into this decision and he found that the Sheriff substitute and the Sheriff both accepted the proposition in law that a farm servant is entitled to have the opportunity of seek- ing fresh employment by attending a hiring market. But they both held—and rightly held—that this right must be exercised reasonably and with due regard to the interests of the employer. They further found, after hearing and considering the whole evidence, that the servant in this particular case did not exercise his right in a reasonable manner. In these circumstances the Lord Advocate considers that the Sheriffs have correctly laid down the law which regulates hiring fairs in Scotland, and decided on the facts that the servant did not exercise his rights reasonably. He does not consider that the decision deprives farm servants of any right or that any alteration in the law is necessary.

Mr. KEIR HARDIE

Is the hon. Gentleman aware that these fairs are held only every year, and if the servant is prohibited from attending the fair on that particular day, he is deprived of his chance of finding employment, and was not that the case on this particular occasion?

Mr. A. DEWAR

I do not think the hon. Member is quite accurate. No doubt the fairs generally occur once a year, but they are held on different days in different places in Scotland; but the real point in this case is that the master had engaged a threshing mill for Monday; the man knew that, but, on Monday night, after these arrangements had been made, he sent for his master and said, "I am going away to-morrow." The master said: "You cannot go"; but the man insisted on going.

Mr. KEIR HARDIE

Did not this man give his master notice that he was going to the Highland fair on that day, and why did the master, knowing the fair was on, engage the threshing mill for that day?

Mr. A. DEWAR

I do not know whether the hon. Member read the case. If he did, he would see he is wrong in his facts. The master was informed at seven o'clock on Monday evening, but the threshing mill was put in earlier. The servant might have given the information a week before. The hon. Member will agree with me that the sheriff was in a better position to know the facts than he or I.