HC Deb 04 November 1937 vol 328 cc1107-8
48. Mr. Woods

asked the Home Secretary whether he proposes to communicate with magistrates drawing their attention to the comments contained in Chapter 5 of the last report of the Chief Inspector of Factories with regard to the inadequate penalties imposed on employers found guilty of offences in connection with hours of employment?

Sir S. Hoare

The opinion is expressed in the report, with reference to prosecutions for a particular type of case, that the penalties have sometimes been too low to act as real deterrents; but I have no evidence of any general disposition among magistrates to treat offences against the Factory Acts otherwise than seriously, and experience indicates that prosecutions under those Acts are widely effective. As the hon. Member will be aware, the new Factories Act substantially increases the penalties which may be imposed, and I have no doubt that the change will be taken into account by the courts when considering the amount of the fine appropriate to the particular case.

Mr. Paling

What happens in those cases where the fines are totally inadequate, as evidenced by the report of the Chief Factory Inspector? Does anything happen when the attention of the right hon. Gentleman is called to a particular case and the facts are not in dispute?

Sir S. Hoare

That is scarcely a question for the Home Secretary. It deals with the administration of justice.

Mr. Woods

Is the right hon. Gentleman satisfied that the law is being applied in the spirit intended in these cases?

Sir S. Hoare

I have said in my answer that the penalties have, in my view, been sometimes too low, but we are increasing the penalties under the new Factories Act, and I hope that that will not be the case after the Act comes into operation.

49. Mr. Woods

asked the Home Secretary whether his attention has been drawn to the strong criticism passed by the Lord Chief Justice on the decisions of certain lay magistrates in connection with offences under the Factory Acts regarding the fencing of dangerous machinery; and whether consideration is being given to legislation requiring cases of this character to be dealt with by justices with legal training?

Sir S. Hoare

I would refer the hon. Member to the reply given to the hon. Member for Tottenham, North (Mr. R. C. Morrison) on 28th October.