HL Deb 25 April 1907 vol 173 cc179-85
THE EARL OF LYTTON

rose to call attention to the death from necrosis recently reported at Messrs. Morelands, and to ask His Majesty's Government whether, in view of the fact that phosphorus poisoning cannot be prevented by the special regulations at present in force, they will reconsider their attitude towards the Convention of Berne prohibiting the use of yellow phosphorus.

The noble Earl said: My Lords, I realise that your Lordships are all waiting to listen to the discussion which will take place on the Motion of the noble Marquess the Leader of the Opposition, and I shall only stand for a few minutes between him and the House. Shortly before the Easter adjournment a number of Questions were addressed to the Home Secretary in the House of Commons concerning the death from necrosis which occurred at Messrs. Moreland's match factory in January of this year. In addition to the Answers of the Home Secretary to those Questions a very full and interesting report has been published, written by Mr. Cunynghame and Mr. Whitelegge, which gives full information on the subject of this particular case. Therefore it is not with the object of obtaining more information about this case that I raise the question again, but rather with the object of drawing attention to the wider issues which it involves, and of trying to elicit from His Majesty's Government some statement as to their general attitude towards this particular dangerous process. And from this point of view the ques- tion has an interest apart from this particular factory, apart from this particular death, and even outside the limits of this country as a whole, because it deals with a matter which has now become one of international concern. During recent years a number of conferences have been held from time to time in some central Continental town by the representatives of the leading European States for the purpose of discussing industrial questions and in the hope of arriving at some common action for the improvement of the conditions of labour generally. At these conferences the regulation of certain well-known dangerous trades played a very prominent part, and with regard to this particular trade, the use of white or yellow phosphorus, considerable progress has been made towards some common agreement between the various States.

I ought, perhaps, to explain that white or yellow phosphorus, which is a very dangerous and poisonous article, is only used in the manufacture of what are known as "strike anywhere" matches. It is not used in the manufacture of matches which strike on the box. Nor is it absolutely essential in the manufacture of the other kind of matches. In fact, other harmless alternative processes have been invented and are in actual use at the present day; and as an instance that it is possible to do without this process I need only mention that in one of the leading and best known match manufactories in this country, that of Messrs. Bryant and May, means have been found of making every class of match which the public require without using any white phosphorus at all. That it is not only possible in the case of a particular firm, but that it is possible for the whole country to do without this commodity is proved by the action of six European States, who signed a Convention in September of last year by which they prohibited its use in their territories. That Convention was signed by France, Germany, Italy, Holland, Denmark and Switzerland. Each of these six States has signed a treaty whereby they prohibit in their territories the manufacture, use, or importation of matches made by phosphorus and it is the attitude of this country towards that Convention to which I wish to call the attention of your Lordships this afternoon.

Great Britain has declared its willingness to join with the other countries and sign this treaty only on condition that every other country which exports these matches does the same, and when that qualified promise was given it was perfectly well known that the qualification could not be carried out by reason of the fact that amongst the nations whose adherence would be required was the United States of America, and that the United States Constitution prevents the Federal Government from entering into an arrangement of this kind which is binding on the other States. Therefore the promise which the Government made does not amount to very much. Reasons have been put forward by the Home Office for their refusal to enter into this treaty, and the reasons are that as an alternative to prohibition we have in force in this country a very strict code of regulations, which it is held diminishes to a large extent the possibility of phosphorus poisoning. These regulations are excellent so far as they go, but the fact remains—and the fact has been proved again by this death which has recently taken place—that these regulations are not sufficient to prevent altogether poisoning by phosphorus.

Five cases of phosphorus poisoning have occurred since these regulations came into force, and in Mr. Cunynghame's report we are led to believe that more cases will very likely occur in the future. I have no wish to exaggerate the facts of the case. Five deaths may not be very many in five years. It is not the object of my argument to prove that deaths from phosphorus poisoning are frequent. At the same time it will be admitted, I imagine, that every human life is worth saving if it be possible, and here is an opportunity which, if the Government chose to make use of it, would enable them to stamp out this disease altogether in this country. That there are difficulties in the way is obvious. Changes of this sort are not made without some sacrifices, and the difficulties have been pointed out in a Memorandum issued by the Under-Secretary of the Home Office, who was our representative at the Conference of Berne. But, if these obstacles stand in the way, there is all the greater credit to the countries which are pioneers in this reform movement and succeed in overcoming them.

It has been pointed out in this Home Office Memorandum that perhaps greater work would devolve upon the Customs officials, who would be required to carry out any measure of prohibition, but I think we may set against any additional work to that Government Department an easement and a diminution of labour to the Home Office, who have at present to see that these very strict regulations are carried out. Then it has been suggested that there might be, as a result of any measure of prohibition, some increase in the price of matches. Cheapness in all things is desirable if we can obtain it without paying too high a price, but I imagine that your Lordships will agree that even cheap matches may be bought at too high a price if they are bought at the price of human lives.

Then other objections have been stated in the Memorandum, some of which I cannot help thinking are a little bit far fetched. For instance, the Under-Secretary states that if Parliament were to carry a measure prohibiting the use of these articles, it would necessitate the postponement of other useful measures of social reform which the Government have in contemplation. We all know perfectly well that the programme of the Government is a very full one, and we will all be ready to admit that the measures which they are going to pass will be of a very beneficial character. One of such measures we shall be discussing in a very few minutes. But, my Lords, when they have succeeded in pacifying the religious consciences of one section of their followers and the land hunger of another section, when they have reorganised the Army and brought good government and peace to Ireland, is it extravagant to hope that possibly a measure for the protection of human life may find a place among their minor efforts? It is in the hope, therefore, that they may be induced to consider this as a measure which is possibly worth their attention that I have raised the subject to-day.

In all seriousness, my Lords, if the difficulties in the way of carrying a measure of this sort and if the objections to it were many times greater than they are made out to be in this Memorandum, they are still objections which other countries have had to meet; and what the Government have to show is not what these difficulties are, but why they are difficulties which other countries have succeeded in overcoming and why this country is in such a position that it cannot do what other countries have done. When once the stage of international agreement has been reached it is impossible for one country to stand absolutely by itself and look upon any one of these questions from its own point of view. This is just one of those questions where the moral responsibility is out of all proportion to any consideration of mere economic or administrative concern.

I submit to your Lordships that it is perhaps a little selfish, a little un-chivalrous, for Great Britain to say that because we do not largely use this commodity in our country, because we have a very admirable system of regulations in force, we are not going to help other nations in the efforts which they are making to get this dangerous disease stamped out; and it is not heroic for a Government which claims to have the interests of the industrial classes more especially at heart, to return this answer to the other nations, "What you propose is very good; we have no objection to make to it; it is very admirable in principle and we will leave you to thrash it out among yourselves, and when you have everyone agreed on common action we will come in at the very end and be the last country to put our name to the agreement." If this country is to take part in these Conferences at all I hope the Government will send its representatives to them in rather a different spirit from that which has animated them in the past. I trust they will take some pride in being in the van rather than in the rear of this movement, and that they will seek for this country the position of a leader of European thought rather than that of a tardy follower, a willing initiator rather than that of a reluctant imitator of other countries. With regard to this particular industry a very important step has been taken, and surely such a role as that which I have suggested would be more in keeping with the dignity of this country, more worthy of its traditions and industrial position, and more helpful to the cause of industrial progress in which these nations are engaged. It is with the object of eliciting from His Majesty's Government some statement of the reasons why, when this opportunity has been afforded to them of co-operation with other countries, they have taken up this very firm stand against it that I have raised this question, and I would most respectfully ask His Majesty's Government whether they will not reconsider the reasons which have led them to refuse up to the present moment to sign the Convention.

* EARL BEAUCHAMP

My Lords, the answer I have to give to the noble Earl is one which he probably anticipates. It is that His Majesty's Government adhere generally to the Memorandum to which reference has already been made by the noble Earl. The position is really a perfectly simple one. When in 1900 there was a great deal of public discussion on this question the Secretary of State might then have prohibited the use of phosphorus in this country, but as an alternative special rules were made, and we are now able, after the lapse of these years, to see what has been the result of those rules. The noble Earl will see in a Report to which he did not, I think, refer—the Memorandum on the International Conference on Labour Regulations at Berne—statistics with regard to the number of cases of necrosis which have occurred since the special rules came into force, and I think they go far to show that the rules which were made by the Secretary of State at the time have had a very satisfactory result.

There have been only five cases of necrosis in the first five years, of which three were mild, and in three cases the persons recovered and found other employment. The other two cases were fatal, but these occurred in the year 1905. There were no cases in 1906, and there has only been this single case since. Necrosis, experts say, is not a disease which, once caught, immediately appears. It has a long period during which it lurks in the system, and it only makes its appearance subsequently. The man who died this year worked for twelve years prior to 1900 in a match factory in Ireland. That was before the new rules were made. Then in 1900 he came to the factory in question in Gloucester, and in 1902, owing to a trivial accident amputation became necessary. I would point to the probable, if not the practical, certainty that the disease was contracted before the new regulations came into practice, and therefore it would not be fair to ascribe this case as being in any way due to the failure of the present regulations.

His Majesty's Government are, there fore, of opinion that the alternative which the Home Secretary took in 1900 of making special rules has been successful, and, in these circumstances, they propose to adhere to the position. I might, perhaps, say that in this matter they are following the example of Sweden, Spain, Portugal, Belgium, and Austria-Hungary, which were represented at the Berne Conference as well as of Norway and Japan, which were not so represented. The Home Secretary has in contemplation other amendments, specially designed to meet such a case as the one which has just occurred, with regard to dental examination. He will see that special arrangements are made for inquiry and report from experts in the matter of dental: examination; and it is also the intention of the Secretary of State to make a rule to prevent tobacco chewing, which has an especially bad effect upon those who work in these factories. In these circumstances, I cannot help thinking that the action of His Majesty's Government in adhering to the course which has been taken is quite justified.