HC Deb 12 June 1947 vol 438 cc1444-6
Mr. Buchanan

I beg to move, in page 33, line 43, to leave out "fire authorities," and to insert "councils."

This Subsection is for the purpose of making it clear that a fire authority cannot really be a fire authority until it is so constituted, and the Amendment is to introduce the more appropriate term by calling them "councils."

Amendment agreed to.

Consequential Amendments made.

Mr. Buchanan

I beg to move, in page 35, line 37, to leave out "hold land or to."

This is a drafting Amendment Subsection (11) of Clause 36, to which this Amendment relates, sets out the conditions under which fire authorities and joint committees may exercise borrowing powers. Subsection (9) also provides for the Secretary of State to confer on fire authorities the power to hold land, but the reference to this latter power which has been included in that Subsection is not relevant to the purpose of the Subsection, the drafting of which would be improved by the omission of the words proposed to be left out.

Amendment agreed to.

Mr. Buchanan

I beg to move, in page 36, line 27, to leave out Subsection (15), and to insert: (15) Section one of this Act shall have effect as if for Subsection (2) thereof the following Subsection were substituted:— (2) (a) Any member of a fire brigade maintained in pursuance of this Act authorised in writing by the authority maintaining the fire brigade shall, on producing, if so required, some duly authenticated document showing his authority, have a fight to enter any premises at all reasonable hours for the purpose of obtaining such information as is mentioned in paragraph (d) of the last foregoing Subsection: Provided that admission to any premises in which persons are employed otherwise than in domestic service shall not be demanded as of right unless twenty-four hours' notice of the intended entry has been given to the occupier. (b) If it is shown to the satisfaction of a sheriff or a justice of the peace—

  1. (i) that admission to any premises has been refused, or that refusal is apprehended, or that the premises are unoccupied or the occupier is temporarily absent, or that the case is one of urgency, or that an application for admission would defeat the object of entry; and
  2. (ii) that there is reasonable ground for entry into the premises for any such purpose as aforesaid,
the sheriff or justice may by warrant under his hand authorise the authority maintaining the fire brigade by any member thereof authorised as aforesaid to enter the premises, if need be by force: Provided that such a warrant shall not be issued unless the sheriff or justice is satisfied either that notice of the intention to apply for a warrant has been given to the occupier, or that the premises are unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency, or that the giving of such notice would defeat the object of the entry. (c) A member of a fire brigade authorised as aforesaid entering any premises by virtue of this Subsection, or of a warrant issued thereunder, may take with him such other persons as may be necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectually secured against trespassers as he found them. (d) Every warrant granted under this Subsection shall continue in force until the purpose for which the entry is necessary has been satisfied. (e) If any person who in compliance with the provisions of this Subsection or of a warrant issued thereunder is admitted into a factory, workshop or workplace discloses to any person any information obtained by him in the factory, workshop or workplace with regard to any manufacturing process or trade secret, he shall, unless such disclosure was made in the performance of his duty, be liable to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months. (f) A person who wilfully obstructs any person acting in the execution of this Subsection or of any warrant issued thereunder shall be liable on summary conviction to a fine not exceeding five pounds and to a further fine not exceeding five pounds for each day on which the offence continues after conviction thereof. This Amendment is in pursuance of a promise given by my colleague the Joint Under-Secretary during earlier discussions. Clause 1 of the Bill confers on members of fire brigades the power of entry to premises such as is conferred upon authorised local authority officers under the Public Health Act, 1936. There is no corresponding up-to-date provision in an English Act giving powers of entry in a Scottish Act, and in the Standing Committee the hon. Member for Dumfries (Mr. Macpherson) objected to the reference to the 1936 Act on the ground that Scottish lawyers would find it inconvenient to have to refer to an English Act of which they might not have a copy. This Amendment proposes to substitute for the reference to the Public Health Act the actual provision concerned.

Amendment agreed to.

Mr. Buchanan

I beg to move, in page 37, line 34, at the end, to insert: (c) section (Fire brigade committees in counties). I explained this Amendment earlier on. The new Clause moved by my right hon. Friend the Home Secretary would, if this was not inserted, apply to Scotland, and the purpose of this Amendment, therefore, is to prevent that Clause operating in regard to Scotland.

Amendment agreed to.