§ 56. Mr. RHYS DAVIESasked the Home Secretary whether he is aware that the Birmingham City Council has granted authority for certain cinemas in that town to open on Sundays, one of the conditions being that, whilst the employés shall not receive wages on Sundays, they are regarded as not being legally in employment on that day; and, as this is inconsistent with the provisions of the Sunday Entertainments Act, 1932, if he will communicate further with the city council on the lines laid down in the circular he recently issued to the local authorities?
§ Sir J. GILMOURNo, Sir. I am informed that the Birmingham city justices recently allowed the cinemas to be opened for purposes of charity in connection with Hospital Sunday, and in accordance with Section 1 (1) of the Sunday Entertainments Act, 1932, a condition was imposed to the effect that no person should be employed at the performances who had been employed on each of the six previous days. The question was raised whether services voluntarily given and duties gratuitously performed in connection with these particular performances would constitute "employment" for the purposes of the Statute. The advice given to me and communicated to the justices was to the effect that, while I could not express any authoritative opinion, the gratuitous and voluntary performance of these duties by the staffs concerned would not appear to constitute "employment" for the purposes of the Statute, seeing that no element of a contract of service seems to be present. The correctness of this view can only be determined by a court of law.
§ Mr. DAVIESAre we to understand that the cinema industry can contract out of the provisions of this Act by employing their servants seven days a week, and declare that on the seventh day, because they work for nothing, they are not employed at all?
§ Sir J. GILMOURThere is no contract of employment if it is voluntary.
§ Mr. DAVIESIs it not a fact that they can be employed for seven days a week merely by saying that there is no contract for employment on the seventh day, consequent on the fact that they are not drawing any wages?
§ Sir J. GILMOURAs I have pointed out, that point can only be settled in a court of law.
§ Sir JOSEPH LAMBIs it not a fact that these men can be employed six days a week with an understanding that they give voluntary service on the seventh days?
§ Mr. LAWSONIs the right hon. Gentleman not aware that there is general agreement that the conditions of service in this industry are not by any means good already?
§ Mr. DAVIESIs not this a violation of the spirit that prevailed in this House when the Act became law?
§ Mr. MACPHERSONWas not a definite pledge given in Committee upstairs that a man employed for six days a week in that industry should not be employed on the seventh day, whether he was paid or not?
§ Sir J. GILMOURI am not aware of that fact. I have taken advice on this matter, and I have stated frankly to the House what I have been advised. I think this point can only be settled by an action in the courts.
§ Mr. THORNEIs the Home Secretary not aware that some of the local authorities, in making agreements with the cinema people, insert a clause in the agreement that the men shall not work more than six days a week? That is done in West Ham.
§ Mr. MORGAN JONESDo not the Government regard this as the grossest breach of faith with the House?