HC Deb 24 November 1911 vol 31 cc2115-20

(1) Before the Board of Trade make any special order under this Act, they shall publish, in such manner as they may think best adapted for informing persons affected, notice of the proposal to make the order, and of the place where copies of the draft order may be obtained, and of the time (which shall not be less than twenty-one days) within which any objection made with respect to the draft order by or on behalf of persons affected must be sent to the Board of Trade.

(2) Every objection must be in writing and state—

  1. (a) the draft order or portions of draft order objected to;
  2. (b) the specific grounds of objection; and
  3. (c) the omissions, additions, or modifications asked for.

(3) The Board of Trade shall consider any objection made by or on behalf of any persons appearing to them to be affected which is sent to them within the required time, and they may, if they think fit, amend the draft order, and shall then cause the amended draft to be dealt with in like manner as an original draft.

(4) Where the Board of Trade does not amend or withdraw any draft order to which any objection has been made, then (unless the objection either is withdrawn or appears to them to be frivolous) they shall, before making the order, direct an inquiry to be held in the manner hereinafter provided.

81—(1) The Board of Trade may appoint a competent person to hold an inquiry with regard to any draft order, and to report to them thereon.

(2) The inquiry shall be held in public, and any objector and any other person who, in the opinion of the person holding the inquiry, is affected by the draft order, may appear at the inquiry either in person or by counsel, solicitor, or agent.

(3) The witnesses on the inquiry may, if the person holding it thinks fit, be examined on oath.

(4) Subject as aforesaid, the inquiry and all proceedings preliminary and incidental thereto shall be conducted in accordance with rules made by the Board of Trade.

(5) The fee to be paid to the person holding the inquiry shall be such as the Board of Trade may direct and shall be deemed to be part of the expenses of the Board of Trade in carrying this Act into effect.

Mr. HOLT

I beg to move, after the word "competent" in section 81 paragraph (1) ["appoint a competent person"] to insert the words "and impartial."

Mr. BUXTON

I do not object to the words "and impartial."

Question, "That those words be there inserted," put, and agreed to.

Mr. HOLT

I beg to move, in the same paragraph after the word "person" ["appoint a competent person"] to insert the words "not being permanently in the employ of any Government Department." This Amendment is simply to carry out a pledge given by the President of the Board of Trade in the discussion on Clause 77.

Mr. BUXTON

What I undertook was that the person carrying out the special inquiry should not be an official of the Board of Trade, but somebody competent in these matters and impartial. As I said at the time, that certainly was the view we took about it, but my hon. Friend's Amendment rules out all possible Government Officials in any other Department, and I think it might very well happen that in some of these cases an official of the Local Government Board, or of the Home Office, or some other Department, might be the most competent and impartial person to carry out the inquiry. That would really have nothing to do with the Board of Trade, and I certainly could not agree to rule out all Government Departments. I do not think my hon. Friend could expect me to accept those words in an Act of Parliament, and I did not think he was going to move them. I gave him an undertaking which was binding, but I hope he will not ask us to put words into an Act of Parliament which would really cast a slur upon Government Departments, and ought not to appear in any Act, and certainly, if they did appear, not in this part of the Act at all. I give my hon. Friend the undertaking that the person appointed shall not be a Board of Trade official.

Mr. HOLT

I am sure there has been a genuine misunderstanding on this subject. I certainly understood that the President of the Board of Trade agreed to accept these words in the discussion on Clause 77, but if my hon. Frined says there has been a misunderstanding, that settles the matter, and I beg to withdraw my Amendment.

Mr. BUXTON

Yes, you have the undertaking.

Amendment, by leave, withdrawn.

Mr. PETO

I only want to ask the President of the Board of Trade this one question. In the Ninth Schedule there are provisions for holding various inquiries. In many of these cases it will be clearly necessary to occupy a good deal of the workman's time, and that will obviously mean some interference with the course of business. I do not complain about it, but I should ask that workmen should not be taken from their employment and compelled to spend many hours of their time without somebody or other paying them for it. It seems to me that it would be obviously equally unfair for the employer to pay for the time lost as for the workman to lose it, and I cannot see, on looking through the Schedules, any provision that, out of the unemployment fund, or from some other source, the workman's wages shall be paid during the time he is occupied in attending these inquiries.

Mr. BUXTON

I am afraid we have no funds out of which the particular payments to which the hon. Member refers can be made. This is the ordinary special procedure rule. Perhaps the hon. Member will allow me to look into them, and I will report the result of my inquiry. This particular point had not occurred to me, but I am afraid we have no funds.

Mr. PETO

I hope that neither workman nor employer shall be at a loss on account of the time which they have to spend in attendance.

Mr. J. WARD

I have been connected with one of those inquiries under this Clause, and it was unquestionably the case, under the Home Office, that the witnesses who were called before the Tribunal to decide on these special rules were paid.

Mr. BUXTON

I did not understand that the hon. Member was referring to official witnesses. I thought he was referring to others who might have to attend. Witnesses certainly would be paid.

Question, "That the Schedule, as amended, be added to the Bill," put, and agreed to.

Question proposed, "That Part II. of this Bill, as amended, including Schedules 6 to 9 therein referred to, be reported to the House."

Mr. BUXTON

I am very much obliged to hon. Members in all quarters of the Committee for waiting so late this evening in order now to finish this Committee stage. Perhaps they will allow me, also, on behalf of my hon. and learned Friend equally with myself, to thank them very much, not only for the courteous, but for the very friendly way in which the various discussions have taken place. The Government Amendments have been treated with the utmost possible consideration. I venture to hope that hon. Members may think also that their Amendments have been treated with equal consideration and courtesy. I think the fact that this Bill has gone through Grand Committee in six days shows that, taken as a whole, it was a fairly compact and water-tight proposition which was laid before the Committee; but I wish to recognise to the fullest possible extent that the labours of the Committee and the assistance which they have given will leave the Bill on a much more workable and water-tight basis than it was when it entered this Committee Room. I thank hon. Members opposite very much for the consideration which they have given it, and for the friendly way in which these discussions have been carried on. And, in regard to those who are supporters of the Government, whether they actually sit on Liberal benches or not, I have to thank them for the two things they have done. One is their great regularity of attendance, I am afraid very often at great personal inconvenience, and the second is their great self-repression—a quality which it is even more difficult sometimes to exercise. I thank them for both, and I thank the Committee generally for the kindness and consideration which they have shown to myself, and those who have been acting with me.

Question put, and agreed to.

Committee adjourned at Twenty-five minutes past Five o'clock.