HL Deb 12 December 1893 vol 19 cc1142-3

REPORT OF AMENDMENTS.

Amendments reported (according to Order).

THE EARL OF CAMPERDOWN

proposed a verbal Amendment on page 2, line 17, to insert the words "on the part of the employer or his authorised representative," as he had received communications on the point. He was not sure that they were absolutely necessary.

THE LORD CHANCELLOR (Lord HERSCHELL)

I do not think these words are necessary, and, being unnecessary, I should certainly prefer their not going in. I think the misconception has arisen from not observing the full force of the word "other" in the last line of the clause. It does not give a new substantive right of action as distinct in cases of negligence, but it says that in such cases there shall be a right of action as in other cases arising from negligence. Therefore, clearly negligence must be proved, and it must be negligence of the employer or of some person for whom he is responsible. Of course, he could not be found liable if he has used reasonable precautions.

THE EARL OF CAMPERDOWN

would not press the Amendment, as after that expression of opinion of the noble and learned Lord a Court of Law could not construe the clause in any other way, though the words he had proposed would have made it quite clear.

THE MARQUESS OF SALISBURY

I have discussed the matter a good deal with Lord Halsbury, and his view was very much that of the noble and learned Lord on the Woolsack, that we should not improve the clause by adding those words.

Amendment (by leave of the House) withdrawn.

Verbal amendment.

EARL WEMYSS

wished to give notice of an Amendment which he had been un-able to give sooner, having received a communication to-day on the part of 110,000 men, including those employed on the North Western Railway, who were members of insurance funds. They wished an alteration made in Clause 4, substituting the Registrars of Friendly Societies for the Board of Trade as the authorities to be charged with the regulation of insurances. He was also intrusted with another Amendment in Sub-section 3, that the contributions should be in equal parts: that whatever the men paid an equal sum should also be paid by their employers; but as he had only just been asked to move these Amendments, he should not do so on the present occasion, but would wait until the Third Reading, when he hoped they would receive favourable consideration from their Lordships.

Report of Amendments agreed to.

Bill to be read 3a on Thursday next.