HC Deb 24 November 1911 vol 31 cc1962-3

(1) Sections eighty and eighty-one of the Factory and Workshop Act 1901, relating to the making of regulations under that Act, as set out and adapted in the Ninth Schedule to this Act, shall apply to special orders made under this Part of this Act.

(2) Before a special order comes into force it shall be laid before both Houses of Parliament for a period of not less than thirty days during the Session of Parliament, and if either of those Houses before the expiration of those thirty days presents an address to His Majesty against the order or any part thereof, no further proceedings shall be taken thereon, without prejudice to the making of any new order.

Mr. BUXTON

I beg to move in Subsection (2), to leave out the words "both Houses" ["before both Houses of Parliament"], and to insert instead thereof the words "each House."

The object of this and the next consequential Amendment is to meet the point raised in the course of the last discussion under which it might be felt that while the House was in recess, the thirty or forty days might be running out, and we entirely agree with the views expressed by the Committee with regard to it."

Mr. WORTHINGTON-EVANS

I hope the hon. Gentleman will be able to meet me in this. I have not any Amendment down. The President of the Board of Trade moved an Amendment to the previous Clause saying that no Order should be made if the person holding the inquiry reports that the Order should not be made. That has been applied to Clause 77, and I think it ought to apply also to the Special Order referred to in the first part of Clause 78.

Mr. PRICE

Supposing it is reported that it is undesirable that the Order should be made, may I ask how long that prohibition would last? It does not mean for ever. Surely it should be within the power of the Board of Trade to revise it.

Mr. BUXTON

It applies to the particular inquiry and the particular Order made. It would not apply in the event of a new Order or a new inquiry taking place.

Amendment agreed to.

Amendment made: Leave out the words "the session of Parliament" ["thirty days during the session of Parliament"], and insert instead thereof the words "which the House is sitting."—[Mr. Buxton.]

Mr. WORTHINGTON-EVANS

I would like to have a reply from the Government as to why they do not apply the same Amendment which they have moved to Clause 77 to this Clause, 78. Under Clause 78, they are to have a special inquiry to consider whether that which is permitted by Clause 79 should be carried out. Do they suggest that that is to be carried out notwithstanding that the special inquiry reports against it?

Sir J. SIMON

In answer to the hon. Gentleman he will see, of course, that the very fact that we have introduced this special limitation in Clause 77 is in itself a reason why it is not part of the general scheme of Clause 78. If it was part of the general scheme of Clause 78, we should not need to introduce it in Clause 77. The other purposes for which a Special Order of procedure will be required as we propose, are not purposes which would necessarily involve the consequence that the Board of Trade could not put the matter before Parliament, because the report was unfavourable. I should think, as a matter of practice, that it is highly improbable they would do so, but that was the scheme put before the Committee, and it was on that basis that we put the words in Clause 77.

Question, "That the Clause, as amended, stand part of the Bill," put and agreed to.