HC Deb 01 December 1911 vol 32 cc949-53

  1. (a) Employment in the naval or military service of the Crown, including service in Officers' Training Coups, but excluding service in the Naval Reserves, the Army Reserve, and the Territorial Force except when called out on actual service or on permanent service or on embodiment.
  2. (b) Employment under the Crown or any local or other public authority where the Insurance Commissioners certify that the terms of the employment are such as to secure provision in respect of sickness and disablement on the whole not less favourable than the corresponding benefits conferred by Part I. of this Act.
  3. (c) Employment as a clerk or other salaried official in the service of a railway or other statutory company, or of a joint committee of two or more such companies, where the Insurance Commissioners certify that the terms of employment are such as to secure provision in respect of sickness or disablement, on the whole, not less favourable than the corresponding benefits conferred by Part I. of this Act, and the person so employed is a member of a superannuation fund established by Act of 950 Parliament for the benefit of persons in such employment.
  4. (d) Employment as a teacher to whom the Elementary School Teachers Superannuation Act, 1898, or a scheme under Section fourteen of the Education (Scotland) Act, 1908, or the National School Teachers (Ireland) Act, 1878, applies, or in the event of any similar enactment being hereafter passed as respects teachers or any class of teachers (other than teachers in public elementary schools) as a teacher to whom such enactment applies.
  5. (e) Employment as an agent paid by commission or fees or a share in the profits, or partly in one and partly in another such ways, where the person so employed is mainly dependent for his livelihood on his earnings from some other occupation, or where he is ordinarily employed as such agent by more than one employer, and his employment under no one of such employers is that on which he is mainly dependent for his livelihood.
  6. (f) Employment in respect of which no wages or other money payment is made where the employer is the occupier of an agricultural holding and the employed person is employed thereon, or where the employer is the parent of, or person liable to maintain, the person employed.
  7. (g) Employment otherwise than by way of manual labour and at a rate of remuneration exceeding in value one hundred and sixty pounds a year, or in cases where such employment involves part-time service only at a rate of remuneration which, in the opinion of the Insurance Commissioners, is equivalent to a rate of remuneration exceeding one hundred and sixty pounds a year for whole-time service.
  8. (h) Employment of a casual nature otherwise than for the purposes of the employer's trade or business, and otherwise than for the purposes of any game or recreation where the persons employed are engaged or paid through a club, and in such case the club shall be deemed to be the employer.
  9. (i) Employment of any class which may be specified in a special order as being of such a nature that it is ordinarily adopted as subsidiary employment only and not as the principal means of livelihood.
  10. (j) Employment as an outworker where the person so employed is the wife of an 951 insured person and is not wholly or mainly dependent for her livelihood on her earnings in such employment.
  11. (k) Employment as a member of the crew of a fishing vessel where the members of such crew are remunerated by shares in the profits or the gross earnings of the working of such vessel in accordance with any custom or practice prevailing at any port if a special order is made for the purpose by the Insurance Commissioners, and the particular custom or practice prevailing at the port is one to which the order applies.
  12. (l) Employment in the service of the husband of the employed person.

Amendment proposed: At the end of paragraph (c), insert the words, (that is to say, a person to whom articles or materials are given out to be made up, cleaned, washed, altered,

ornamented, finished, or repaired, or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or materials for the purposes of the trade or business of the last-mentioned person), unless excluded by a special order made by the Insurance Commissioners, and any such order may exclude outworkers engaged in work of any class, or outworkers of any class or description specified in the order, or may defer the commencement of this Act as respects all outworkers, and the person who gave out the articles or materials shall in relation to the person to whom he gave them out be deemed to be the employer.

Question put, "That the Amendment be made."

The House divided: Ayes, 144; Noes, 39.

Division No. 422.] AYES. [4.55 p.m.
Acland, Francis Dyke Greig, Colonel J. W. O'Doherty, Philip
Addison, Dr Christopher Hackett, J. O'Kelly, Edward P. (Wicklow, W.)
Ainsworth, John Stirling Harcourt, Robert V. (Montrose) O'Malley, William
Allen, Arthur Acland (Dumbartonshire) Harmsworth, Cecil (Luton, Beds.) Paget, Almeric Hugh
Allen, Charles Peter (Stroud) Harvey, T. E. (Leeds, West) Palmer, Godfrey Mark
Anderson, Andrew Macbeth Havelock-Allan, Sir Henry Pearce, Robert (Staffs, Leek)
Baird, J. L. Hayden, John Patrick Phillips, John (Longford, S.)
Baker, Harold T. (Accrington) Henry, Sir Charles S. Price, C. E. (Edinburgh, Central)
Baker, Joseph Allen (Finsbury, E.) Higham, John Sharp Priestley, Sir W. E. B. (Bradford, E.)
Balfour, Sir Robert (Lanark) Hinds, John Pringle, William M. R.
Beauchamp, Sir Edward Howard, Hon. Geoffrey Radford, G. H.
Benn, Arthur Shirley (Plymouth) Hughes, Spencer Leigh Raphael, Sir Herbert Henry
Benn, I. H. (Greenwich) Hume-Williams, William Ellis Rea, Walter Russell (Scarborough)
Birrell, Rt. Hon. Augustine Hunter, William (Lanark, Govan) Reddy, Michael
Boland, John Pius Isaacs, Rt. Hon. Sir Rufus Richardson, Albion (Peckham)
Bryce, John Annan Jones, Sir D. Brynmor (Swansea) Roberts, Charles H. (Lincoln)
Buckmaster, Stanley O. Jones, Edgar R. (Merthyr Tydvil) Roberts, Sir J. H. (Denbighs)
Burke, E. Haviland- Jones, Leif Stratten (Notts, Rushcliffe) Robertson, Sir G. Scott (Bradford)
Burns, Rt. Hon. John Jones, William (Carnarvonshire) Roch, Walter F. (Pembroke)
Buxton, Rt. Hon. S. C. (Poplar) Kennedy, Vincent Paul Roche, Augustine (Louth)
Byles, Sir William Pollard Lambert, George (Devon, S. Molton) Roe, Sir Thomas
Carr-Gomm, H. W. Lawson, Sir W. (Cumb'r'ld, Cockerm'th) Rowlands, James
Cautley, H. S. Lewis, John Herbert Samuel, Rt. Hon. H. L. (Cleveland)
Chapple, Dr. William Allen Low, Sir Frederick (Norwich) Scanlan, Thomas
Collins, Godfrey P. (Greenock) Lundon, Thomas Schwann, Rt. Hon. Sir C. E.
Collins, Stephen (Lambeth) Lyell, Charles Henry Seely, Col. Rt. Hon. J. E. B.
Compton-Rickett, Rt. Hon. Sir J. Macpherson, James Ian Sheehy, David
Cornwall, Sir Edwin A. MacVeagh, Jeremiah Sherwell, Arthur James
Cotton, William Francis M'Callum, John M. Shortt, Edward
Craig, Herbert J. (Tynemouth) McKenna, Rt. Hon. Reginald Simon, Sir John Alisebrook
Crawshay-Williams, Eliot Malcolm, Ian Soames, Arthur Wellesley
Crumley, Patrick Marshall, Arthur Harold Spicer, Sir Albert
Dawes, James Arthur Mason, David M. (Coventry) Strauss, Edward A. (Southwark, West)
Delany, William Meagher, Michael Sutherland, J. E.
Denman, Hon. Richard Douglas Meehan, Patrick A. (Queen's Co.) Thomas, Abel (Carmarthen, E.)
Dillon, John Menzies, Sir Walter Thynne, Lord Alexander
Donelan, Captain A. Molloy, Michael Wason, Rt. Hon. E. (Clackmannan)
Doris, William Mooney, John J. Wason, John Cathcart (Orkney)
Edwards, Sir Francis (Radnor) Morton, Alpheus Cleophas Webb, H.
Elibank, Rt. Hon. Master of Muldoon, John White, J. Dundas (Glasgow, Tradeston)
Esmonds, Dr. John (Tipperary, N.) Nannetti, Joseph P. Whitehouse, John Howard
Esmonde, Sir Thomas (Wexford, N.) Newdegate, F. A. Whyte, A. F. (Perth)
Essex, Richard Walter Newman, John R. P. Williams, Penry (Middlesbrough)
Esslemont, George Birnie Nolan, Joseph Wood, John (Stalybridge)
Farrell, James Patrick Norton, Captain Cecil William Wood, Rt. Hon. T. McKinnon (Glas.)
Ferens, T. R. Nugent, Sir Walter Richard Yoxall, Sir James Henry
Flavin, Michael Joseph O'Brien, Patrick (Kilkenny)
George, Rt. Hon. D. Lloyd O'Connor, John (Kildare, N.) TELLERS FOR THE AYES.—Mr. Gulland and Mr. Wedgwood Benn.
Greenwood, Granville G. (Peterborough) O'Connor, T. P. (Liverpool)
NOES.
Ashley, W. W. Dickson, Rt. Hon. C. Scott- Macdonald, J. Ramsay (Leicester)
Atherley Jones, Llewellyn A. Fletcher, John Samuel (Hampstead) O'Grady, James
Barnes, George N. Glanville, H. J. Rawlinson, John Frederick Peel
Beckett, Hon. Gervase Gwynne, R. S. (Sussex, Eastbourne) Richardson, Thomas (Whitehaven)
Bowerman, Charles W. Hancock, John George Stanley, Albert (Staffs, N. W.)
Boyle, W. L. (Norfolk, Mid.) Hardie, J. Keir (Merthyr Tydvil) Stewart, Gershom
Carlile, Sir Edward Hildred Harris, Henry Percy Sutton, John E.
Cassel, Felix Hill, Sir Clement Ward, John (Stoke-upon-Trent)
Cecil, Evelyn (Aston Manor) Hills, J. W. Wardle, George J.
Cecil, Lord R. (Herts, Hitchin) Hodge, John Wilson, W. T. (Westhoughton)
Clyde, James Avon Hudson, Walter Yate, Colonel C. E.
Crooks, William Kinloch-Cooke, Sir Clement
Davies, Timothy (Lincs., Louth) Locker-Lampson, O. (Ramsey) TELLERS FOR THE NOES.—Mr. C. Duncan and Mr. Goldstone.
Denniss, E. R. B. Lowe, Sir F. W. (Birm., Edgbaston)

Question put, and agreed to.

Further Amendments made: In Part II., paragraph (c), after the word "employment' ["terms of employment"], insert the words "including his rights in such superannuation fund as is hereinafter mentioned."

Leave out the word "or" ["sickness or disablement"], and insert instead thereof the word "and."

Leave out the words "a member of," and insert instead thereof the words "entitled to rights in."

At end of paragraph (c), insert the words "or in Ireland is entitled to rights in any such superannuation fund or in any railway superannuation fund which may be approved by the Insurance Commissioners."

In paragraph (d), leave out "1878" ["Act, 1878, applies"], and insert instead thereof "1879."

In paragraph (f), leave out the words "employer is the parent or person liable to maintain."

At end of paragraph to insert the words: "is the child of, or is maintained by, the employer."

In paragraph (l), after the word "husband" ["of the husband"], insert the words "or wife."

Bill to be further considered upon Monday next, 4th December.

Whereupon Mr. DEPUTY-SPEAKER, pursuant to the Order of the House of 24th October, proposed the Question, "That this House do now adjourn."

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