HL Deb 26 July 1872 vol 212 cc1882-3

General Rules.

Clause 52 (General rules).

THE DUKE OF RICHMOND moved, in page 28, line 5, after ("same") add— ("and the said report shall be kept according to the form in the Schedule annexed to this Act; and the owner or agent of every coal mine shall transmit to the inspector of the district at the beginning of each month a report for the preceding month in the above-named form.")

THE EARL OF MORLEY

said, the perusal of the Reports suggested by the noble Duke would impose an immense amount of additional work upon the Inspectors, and the Reports themselves would be of very little practical utility.

THE MARQUESS OF SALISBURY

thought that some such Reports should be furnished, at a reasonable interval, say four times a-year, and these would impose no unreasonable amount of labour upon the Inspectors. Perhaps the noble Earl would think over the matter, and see whether he could not adopt the suggestion in some shape upon the Report.

THE EARL OF MORLEY

would be happy to consider the suggestion, but doubted whether it could be adopted.

Amendment (by leave of the Committee) withdrawn.

Clause verbally amended, and agreed to.

Special Rules.

Clause 53 (Special rules).

THE DUKE OF RICHMOND

pointed out that the clause exempted from penalties owners, agents, and managers who had taken all reasonable precautions against explosions, while the Proviso prevented the operation of the exemption. He moved the omission of such Proviso.

THE EARL OF MORLEY

said, the managers of a railway company might lay down stringent rules with reference to the working of points and signals, but those rules might not be enforced, and a serious accident might happen in consequence; and yet, in any inquiry that followed, the railway company might try to shield themselves from responsibility by appealing to the stringent rules they had laid down. It was to prevent such a course of action as that that the provision had been inserted.

THE LORD CHANCELLOR

pointed out that the rules must not only be pub- listed but enforced in order to secure the advantage of the exemption.

THE DUKE OF RICHMOND

said, he was still of opinion that the words ought not to remain, and expressed his intention to adhere to his Amendment.

THE EARL OF MORLEY

would not press his objection.

Amendment agreed to.

Clause, as amended, agreed to.

Clauses 54 to 56, inclusive, agreed to.

Clause 57 (Neglect to make special rules).

THE EARL OF MORLEY moved the omission of the word "manager" from the exempting Proviso of the clause. The object of the clause was to make provision for special rules, and the manager ought to be rendered absolutely liable if these rules were not made.

THE DUKE OF RICHMOND

objected to the Amendment. All through the Bill the three persons dealt with were the owner, agent, and manager, and none of them were held liable if they proved that they had taken all reasonable means for carrying out the provisions of the Act. Why, then, should the manager be struck out of this exempting Proviso?

THE EARL OF MORLEY

said, he would not press the Amendment.

Amendment (by leave of the Committee) withdrawn.

Clause agreed to.

Clauses 59 and 60 agreed to.

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