- (a) a hereditament shall not be deemed not to be occupied and used as a factory or workshop by reason only of the fact that the owner or occupier of the hereditament is the only person working therein or that no other person working therein is in his employment; and
I beg to move, "That this House doth agree with the Lords in the said Amendment."
This is the Amendment to which I referred on the very first Amendment to the Title of the Bill, when I explained the position, and I imagine that it is not necessary to repeat what I then said.
§ Mr. E. BROWN
I only regret that my hon. and learned Friend the Member for South Shields (Mr. Harney) has not fully recovered from his illness and so is unable to speak on this point, because I remember an extraordinarily able and metaphysical speech which he made on this particular question in the Debate of last year. I am sure the House will be glad to know that my hon. and learned Friend is recovering from his illness.
§ Mr. HARDIE
This new Clause seems to me to assume that a factory or workshop must be some place occupied by one person, although there may be other 2019 persons working therein but not in his employment. I should like to know if that is the case.
I am afraid the hon. Member was not here when I explained this matter at the beginning of our proceedings to-day.
It is discouraging to hear that, because I have no reason to suppose that if I explain it again there will be any better result; but this Clause is for the purpose of removing a doubt as to the interpretation of the term "factory or workshop." The object of the Clause is to make it clear that the place may be a factory or workshop even though there is nobody working there who is actually employed by the occupier or owner of the hereditament.
Does this new Clause make it clear that where you have a place occupied for the mending of fishing nets, which is not technically a factory under the Act, it will enable that form of industry to be helped, which I believe is the intention of the Ministry?
That is a a conundrum that I am not prepared to answer without further examination. I imagine that will depend upon whether the hereditament in question is a factory or workshop.
It seems very unsatisfactory that at the last stage of this Bill, despite the ability of the right hon. Gentleman, he cannot tell one of his own colleagues what we are legislating about.
The right hon. Gentleman referred to the hon. and gallant Member's question as a conundrum, and surely, in accepting this Amendment from another place, he must explain whether or not the hon. and gallant Member's case is covered or is intended to be covered. Surely it is unsatisfac- 2020 tory to part with this Amendment when the Minister in charge of it cannot explain it. With all his ability, he cannot answer a plain question which touches the fishing industry not only in the South-West of England, but in Scotland as well.
§ Question put, and agreed to.