§ Mr. NEWTONasked the Secretary of State for the Home Department whether he was aware that shopkeepers desiring to comply with the provisions of the Shops Act, 1912, and applying to the officials of the Home Office (Industrial Section) for information and guidance as to the scope of that Act and as to the classes of employés properly falling within its provisions were refused such information; and whether such refusal was with his consent and knowledge?
§ Mr. McKENNAIt would be impossible for the Department, without bringing the other industrial work to a standstill, to give interviews to individual shopkeepers inquiring as to their position under the Shops Act; and I would remind the hon. Member that the enforcement of the Act rests not with the Home Office, but with the local authorities, and that any questions as to the application of the Act to particular cases are, in the first instance, matters for the local authority; and that if points of dispute arise, it is only the Courts that can decide them; my Department has no authority to do so. The Home Office has, however, done what it could to make those to whom the Act applies acquainted with its provisions, by publishing an explanatory memorandum, which answers most of the questions that have been put to the Department; and, so far as it properly could, it has assisted local authorities and representatives of trade organisations, both by interview and letter, with advice on questions of the general interpretation of the Act. This alone has entailed an immense amount of additional work, and it would be physically impossible, as well as novel in principle, for the Department to act as adviser to the many thousands of individual shopkeepers.
§ Mr. NEWTONWould it not be possible and practicable to issue a second edition of the pamphlet, bringing it up to date on the points which were not dealt with and which have since come to the notice of the Home Office through this application?
§ Mr. McKENNAI will certainly consider that suggestion.
§ Mr. NEWTONasked (1) whether the Prime Minister is aware that, in conse- 586 quence of the coming into operation of the Shops Act, 1912, dissatisfaction exists amongst persons employed as waiters and waitresses in refreshment houses who are now compelled to cease work at 1.30 p.m. on at least one week-day in each week, and who, in consequence of the fact that their weekly earnings depend mainly upon the number of customers served and the number of tips received, now find their earnings seriously reduced owing to this compulsory curtailment of their opportunities of waiting upon customers at one of the busiest and most profitable periods of the day; and whether, under these circumstances, he will consider the advisability of introducing legislation for the purpose of removing this grievance by substituting two shorter weekly breaks at more convenient times of the day in the place of the long break prescribed by the Shops Act, (2) whether his attention has been called the fact that a number of persons employed in refreshment houses as waiters and waitresses are suffering an automatic reduction of wages in consequence of the coming into operation of the Shops Act, 1912; whether he is aware that such reduction is unavoidable so long as this class of employé continues to be paid mainly by way of tips received from customers; and whether, under these circumstances, he will take steps to see that proceedings under the Shops Act are not instituted in circumstances where the offence under that Act arises from the refusal of waiters and waitresses to sacrifice a proportion of their earnings by taking the compulsory half-holiday forced upon them by that Act?
§ Mr. McKENNARepresentations of the circumstances mentioned by the hon. Member have been made to me by the Incorporated Association of Hotels and Restaurants, who state that they would prefer to the weekly half-holiday an alternative provision which appeared at one stage of the Bill of last Session. As that provision secures to the assistants advantages at least equal to those afforded by the Act, while allowing the trade greater elasticity, I have informed the association that if a private Member introduces a Bill for the purpose, the Government will be prepared to consider it favourably. I understand that steps are now being taken for the purpose. As regards the other question of the hon. Member, I have no power to interfere with the action of the local authorities in respect of the institution of proceedings.
§ Mr. NEWTONMay I ask, as the right hon. Gentleman is going to take steps to deal with the question, will he let it be known that pending the taking of that action the local authorities should hold their hands in the causing of the grievance which the Government is going to remove?
§ Mr. McKENNAI understand the publicity which has been given to the matter has effected the object which the hon. Member has in view.