HC Deb 31 July 1914 vol 65 cc1770-1

(1) Where an employer has been convicted under Sub-section (2) of Section one hundred and one of the principal Act of the offence of failing or neglecting to make any contribution under Part II. of that Act, then, if notice of the intention to do so is served with the summons or warrant, evidence may be given of the failure or neglect on the part of the employer to pay other contributions in respect of the same workman during the year preceding the date when the information was laid, and on proof of such neglect or failure the employer shall be liable to pay to the unemployment fund a sum equal to the total amount of all the contributions which he is so proved to have failed or neglected to pay, which sum when paid shall be treated as a payment in satisfaction of such contributions, and the workman's portion of such contributions shall not be recoverable by the employer from the workman.

(2) A Court of Summary Jurisdiction in Ireland shall have the same power as a Court of Summary Jurisdiction in England in the case of a person convicted for an offence under Sub-section (1) of Section one hundred and one of the principal Act to impose a fine not exceeding twenty-five pounds instead of imprisonment, if they think that the justice of the case will be better met by a fine than imprisonment.

(3) All proceedings for any contravention or non-compliance with the provisions of Part II. so far as relating to matters under Part II. of the principal Act, or this Act, or the Regulations made thereunder, shall in Scotland be instituted and carried on under the provisions of the Summary Jurisdiction (Scotland) Acts, and may be taken at the instance of the procurator fiscal or the Board of Trade.

Mr. KING

I beg to move, after Subsection (1), to insert,

"(2) The following Sub-section shall be inserted after Sub-section (6) of Section one hundred and one of the principal act, namely:—

(7) The Arbitration Act, 1889, shall not apply to proceedings under the last-foregoing Sub-section except so far as it may be applied by Regulations under this Part of this Act."

I think that the Board of Trade will see that this is a reasonable Amendment, which should be accepted.

Dr. CHAPPLE

I beg to second the Amendment.

Mr. ROBERTSON

We recognise that this is a useful Amendment, but I am not satisfied that the words are strictly what they should be and in their proper place. If the hon. Member will leave the matter to us, we shall accept the Amendment, subject to making any necessary drafting alteration in another place.