§ Order of the Day for the Third Reading read.
THE EARL OF SHAFTESBURYMy Lords, in moving the Third Reading of this Bill I wish to acknowledge with grateful thanks the assistance of the Home Office in so drafting the Bill as to make it a shipshape and workable measure.
§ Moved, That the Bill be now read 3a.—(The Earl of Shaftesbury.)
§ On Question, Bill read 3a.
THE EARL OF SHAFTESBURYThe first Amendment is consequential from the fact that we made the age seventeen.
§ Amendment moved—
§
Clause 2, page 1, line 10, after ("construed") insert—
("(a) As if in section 2 of the Principal Act for the word 'sixteen' were substituted the words 'seventeen who are not by this Act prohibited from street trading'").—(The Earl of Shaftesbury.)
§ On Question, Amendment agreed to.
THE EARL OF SHAFTESBURYThe next Amendment is consequential on the fact that I propose later to strike out Clause 3 altogether. It is to make licensing compulsory in counties, cities, and boroughs with a population over 50,000.
§
Amendment moved—
Clause 2, page 1, line 14, after ("trading") insert ("and in the county and city of London and in boroughs and urban districts with a population of more than fifty thousand, no boy under the age of seventeen shall be employed in or carry on street trading unless furnished with a licence from the local authority. A licence to engage in street trading under tins section may be refused by the local authority to any boy between the ages of fifteen and seventeen on the ground that the applicant is by reason of physical or mental deficiency unfit to trade in the streets, or that he has not his parents or guardian's consent to his being so employed, or that he is not living under proper control; and the local authority may suspend or revoke the licence if the holder is convicted of any offence or commits any breach of any by-laws made under the principal Act.
The provisions of this subsection shall have effect as if they were by-laws duly made by the local authority under section 2 of the Principal Act."—(The Earl of Shaftesbury.)
§ On Question, Amendment agreed to.
832THE EARL OF SHAFTESBURYIt is necessary to insert these words in subsection (3) of section 5 of the principal Act to enable punishment to be inflicted for a breach of the law.
§ Amendment moved—
§
Clause 2, page 1, line 18, after ("trading") insert—
("(d) As if in subsection (3) of section 5 of the Principal Act after the word 'provisions' were inserted the words of this Act as to street trading or; and'").—(The Earl of Shaftesbury.)
§ On Question, Amendment agreed to.
THE EARL OF SHAFTESBURYIt is not regarded as satisfactory that a boy under sixteen should be sent to a certified reformatory school, and therefore I have thought it wise to strike out paragraph (c) of Clause 2.
§
Amendment moved—
Clause 2, page 1, lines 19 to 21, leave out paragraph (c).—(The Earl of Shaftesbury.)
§ On Question, Amendment agreed to.
§ LORD CLIFFORD OF CHUDLEIGHThe Amendment standing in my name is to meet the point aimed at by Lord Salisbury in Committee and discussed on Report. It will enable those engaged in agricultural produce to sell that produce in small towns by means of those immediately in their employment.
§
Amendment moved—
Clause 2, page 1, lines 24 and 25, leave out ("of agricultural produce in recognised markets") and insert ("in a market or fair of agricultural or garden produce by a person in the employment of the producer")—(Lord Clifford of Chudleigh.)
§ On Question, Amendment agreed to.
THE EARL OF SHAFTESBURYI move to leave out Clause 3—
3. The council of the county of London, the common council of the city of London, and of every municipal borough with a population of over ten thousand and the council of every urban district with a population of over twenty thousand shall make by-laws requiring, in respect of street trading by boys under the age of seventeen and by girls under the age of eighteen, the holding of a licence to trade granted by the council, and such by-laws shall regulate the conditions on which such licences will be granted, suspended and revoked: Provided that every such council as aforesaid may, if they think fit, make by-laws with respect to street trading by boys under the 833 age of seventeen and girls under the age of eighteen—
- (a) in the case of girls absolutely prohibiting street trading;
- (b) determining the days and hours during which and the places at which street trading may be carried on;
- (c) requiring such street traders to wear badges;
- (d) regulating generally the conduct of such street traders:
Provided further as follows:—I propose to insert a provision to apply to children who are trading with their parents. I think this is the most satisfactory way of dealing with the matter, and I beg to move.
- (1) The grant of a licence or the right to trade shall not be made subject to any conditions having reference to the poverty or general bad character of the person applying for a licence or claiming to trade;
- (2) A by-law under this section shall not apply so as to prevent any boy or girl of the age of eleven or upwards from being with the parent of such boy or girl for the purpose of assisting the parent in the business of bona fide street trading;
- (3) The Secretary of State may, subject to the provisions of the principal Act, confirm any by-law made under this section either without modification or subject to such modifications as he may think fit.
§ Amendment moved—
§
Leave out Clause 3, and insert the following new clause—
(". The provisions of this Act shall not apply so as to prevent any boy between the ages of fourteen and fifteen or any girl between the ages of fourteen and eighteen from being employed to assist the parent or guardian of such boy or girl in street trading if the local authority is satisfied that such trading is carried on bona fide and not as a cloak for begging, immorality, or other improper purpose, and constitutes the principal means of support of the family").—(The Earl of Shaftesbury.)
§ On Question, Amendment agreed to.
§ Drafting Amendment in Clause 7 agreed to.
THE EARL OF SHAFTESBURYIt is not quite certain whether the principal Act would continue to apply to Ireland without words to that effect. I therefore move to amend Clause 8 accordingly.
§
Amendment moved—
Clause 8, page 3, line 14, after ("Ireland") insert ("but the Principal Act shall continuo to apply to Ireland").—(The Earl of Shaftesbury.)
§ On Question, Amendment agreed to.
§ Drafting Amendments in the Schedule agreed to.
834THE EARL OF SHAFTESBURYIn moving that the Bill do pass I wish to thank your Lordships for your assistance in making this a workable Bill, a fact which I hope will facilitate its passage into law.
§ Moved, That the Bill do pass.—(The Earl of Shaftesbury.)
§ On Question, Bill passed, and sent to the Commons.