HC Deb 16 July 1936 vol 314 cc2402-4

Lords Amendment: In page 6, line 11, at the beginning, insert, Subject to the provisions of the next following subsection.

11.42 p.m.

The SECRETARY for MINES (Captain Crookshank)

I beg to move, "That this House doth agree with the Lords in the said Amendment."

The Amendments, of which this forms the first, are rather more than drafting Amendments, but they are such that I hope the House will agree with them all. I think I might give a word of explanation in moving the acceptance of this one. The Amendments, except the last, are to Clause 4. During the passage of the Bill, in this House and in Committee, certain fears were expressed with regard to drivers of vehicles, and hon. Members in different parts of the House thought that the Bill dealt rather hardly with them. All these Amendments which have been inserted in another place are meant to safeguard still further the position of drivers of such vehicles.

The Amendments fall into three groups. The first is in regard to inspectors of weights and measures. The new Amendment makes it necessary that, when he examines a vehicle or calls for the production of a conveyance note, he should produce some paper or card to show that he is an inspector. Therefore, the driver is now safeguarded from interference by unauthorised persons. The second group of Amendments deals with the carriage of small quantities. In the earlier stages of the Bill, the Clause related the offence to the driver, who had to show that the transaction was outside the Act. Under the Amendment, it is simply provided that the offence shall not apply where small quantities are being carried. That again assists the driver. The third group of Amendments deals with deficiencies in weight. When we last saw the Bill, it was provided that it should be a defence for the driver to show that the deficiency was either due to consolidation or to drainage, or that he had not previously known of the deficiency and could not, by the exercise of reasonable care, have previously discovered it. In other words, it left the onus of proof upon the driver. The other place has turned that round by putting the onus of proof on the prosecution, while, at the same time, it requires the driver to see that the proper amount was in the vehicle before he started. The total effect of the three groups is to assist the position of the driver, which was a matter of some concern to this House.

11.44 p.m.

Mr. EDE

When the Bill was last before the House it was championed on behalf of the Government by the hon. Gentleman the Parliamentary Secretary to the Board of Trade, with the great courtesy and detailed knowledge which we all associate with him. We are all, I am sure, very sorry that he is unable to be here to-night. That does not make us any less pleased to see the hon. and gallant Gentleman the Secretary for Mines, in a less controversial role than that in which he usually appears, in this House. The groups of Amendments lose nothing from the way in which he has explained them to the House.

As one who took some share in the discussion of the Bill. I think the Amendments make, on the whole, for the smooth working of the Measure. They will probably make it easier to enforce by the local authorities. Should a case have to come before a court of summary jurisdiction, the issue to be dealt with will probably be simplified, and the result will be that the person convicted will really be the one who had guilty knowledge of the offence that had been committed. As far as I, and, I hope, those who have been associated with me in regard to the Bill, are concerned, I do not think it is necessary to oppose the Amendments that have been made in another place.

Remaining Lords Amendments agreed to.

The remaining Orders were read and postponed.

It being after Half-past Eleven of the Clock, Mr. SPEAKER adjourned the House, without Question put, pursuant to the Standing Order.

Adjourned at Twelve Minutes before Twelve o'Clock.