HC Deb 24 November 1911 vol 31 cc1618-20

(1) Where a majority of two-thirds ascertained by ballot of the workmen employed in any mine to whom this Section applies represent to the owner of the mine that they desire that accommodation and facilities for taking baths and drying clothes should be provided at the mine and undertake to pay half the cost of the maintenance of the accommodation and facilities to be provided, the owner shall forthwith provide sufficient and suitable accommodation and facilities for such purposes as aforesaid:

Provided that the owner shall not be bound to provide any such accommodation and facilities if the estimated total cost of maintenance exceeds 3d. per week for each workman liable to contribute under this Section.

(2) General regulations shall be made under this Act for determining what is sufficient and suitable accommodation for the purposes of this Section, and any such regulations may make different requirements as respects different classes or descriptions of mines.

(3) For the purposes of this Section cost of maintenance includes interest on capital expenditure (not exceeding 5 per cent. per annum), and if any question arises as to the estimated cost of maintenance that question shall be referred to an arbitrator to be agreed upon between the parties, or in default of agreement as to an arbitrator then shall be settled in manner provided by this Act for settling disputes.

(4) Where any such accommodation and facilities have been provided every work man at the mine to whom this Section applies shall be liable to contribute a sum equal to one-half of the cost of maintenance (but not exceeding 1½d. per man per week), and the owner shall be entitled to recover such contributions from the workmen liable to contribute by deduction from their wages, notwithstanding the provisions of any Acts relating to truck or any contract to the contrary:

Provided that the obligation to contribute shall not apply to any workman who is exempted on the ground of health in accordance with the regulations of the mine.

(5) The management of the accommodation and facilities provided under this Section shall be under the control of a committee to be established in accordance with the regulations of the mine, and consisting as to one-half of members appointed by the owner of the mine and as to the other half of members appointed by the workmen liable to contribute under this Section.

(6) The workmen to whom this Section applies are all workmen employed underground, and all workmen engaged on the surface in handling tubs, screening, sorting, or washing coal, or loading coal into wagons.

(7) This Section shall not apply to any mine where the total number of the workmen employed at the mine to whom this Section applies is less than one hundred, or to any mine held by the owner under a lease of which the unexpired term is less than ten years.

(8) If the owner of any mine fails to comply with the provisions of this Section, he shall be guilty of an offence against this Act.

Amendments made: In Sub-section (3), after the word "shall" ["shall be referred to an arbitrator"], insert the words "in accordance with regulations as to procedure and costs to be made by the Secretary of State."

Leave out the words "then shall be settled in manner provided by this Act for settling disputes," and insert instead thereof the words "to a person appointed by the judge of county courts for the district, or in Scotland by the sheriff of the county, in which the mine is situate, and the decision of the arbitrator or of the person so appointed as the case may be, shall be final."

In Sub-section (4), after the word "applies" ["to whom this Section applies"], insert the words "(whether he was or was not employed at the mine at the time when the ballot of the workmen for the purposes of this Section was taken)."

In Sub-section (5), at the end, add the words, The powers and duties of the committee in relation to the management of the accommodation and facilities shall be such as may be laid down by general regulations, and the owner of the mine shall not be liable to any penalty as for failure to comply with the provisions of this Section in respect of any act performed by the committee in pursuance of their powers or of any failure by the committee to perform any of their duties."—[Mr. Masterman.]

Colonel HICKMAN

I beg to move, in Sub-section (7), to leave out the word "lease" ["held by the owner under a lease "], and to insert instead thereof the word "mining lease, as defined by the Finance (1909–10) Act, 1910."

Mr. HUNTER

I do not think the Amendment is required at all. The Clause deals only with mines, and it is quite unnecessary to refer to another Act in order to define "leases."

Amendment, by leave, withdrawn.

Amendments made: At the end of Sub-section (7), add the words "or to any mine as respects which the Secretary of State is satisfied that it will be worked out within ten years."

After Sub-section (8), add, (9) Where a majority of two-thirds of the workmen at a mine represent to the owner of the mine that they desire that this Section should cease to have effect as respects the mine, this Section shall, unless the owner by notice affixed at the mine within one month after the receipt by him of the representation declares that he does not assent thereto, cease to have effect accordingly as from a date to be agreed upon between the owner and the workmen. (10) A fresh representation shall not be made as respects any mine either under Sub-section one or under Sub-section nine of this Section before the expiration of five years from the date of any previous representation made with respect to that mine.