HL Deb 10 July 1912 vol 12 cc395-8

Order of the Day for the House to be put into Committee, read.

THE DUKE OF DEVONSHIRE

My Lords, in the absence of my noble friend Lord Salisbury, who has taken charge of this Bill, I move that the House do now resolve itself into Committee.

Moved, That the House do now resolve itself into Committee.—(The Duke of Devonshire.)

On Question, Motion agreed to.

House in Committee accordingly.

[The EARL OF DONOUGHMORE in the Chair.]

THE DUKE OF DEVONSHIRE

My Lords, there are a large number of Amendments on the Paper in the name of the noble Lord who represents the Home Office. They are of practically a drafting character and have been agreed to. In the circumstances I think the better course will be to insert those Amendments on Report to-day, and then re-commit the Bill and have it reprinted as amended.

Bill reported without amendment.

LORD STRACHIE

I have had an opportunity of consulting Lord Salisbury, who is in charge of the Bill, and he agrees that the Amendments standing in my name should be taken en bloc to-day and that then the Bill should be re-committed for a subsequent day. I beg to move.

Amendments moved—

Preamble, page 1, lines 1 to 5, leave out the preamble.

Clause 1, page 1, lines 10 to 14, leave out subsection (1)

Clause 1, page 1, line 15, leave out ("February") and insert ("January")

Clause 1, page 1, line 16, leave out ("thirteen") and insert ("fourteen, or such later date, not being later than the first day of January one thousand nine hundred and fifteen, as the Secretary of State may by Order appoint") and after ("underground") insert ("room in a")

Clause 1, page 1, line 17, leave out ("so") and after ("used") insert ("for the purpose of any of the processes or occupations specified in the Schedule to this Act")

Clause 1, page 1, line 18, leave out from ("suitable") to the end of line 19, and insert ("for the process or occupation named in the certificate and unless the regulations made under this Act or the conditions contained in the certificate are complied with")

Clause 1, page 1, line 20, leave out ("underground premises") and insert ("an underground room")

Clause 1, page 1, line 21, leave out ("premises") and insert ("room").

Clause 2, page 2, line 3, leave out ("underground premises") and insert ("an underground room")

Clause 2, page 2, lines 5 to 15, leave out from ("underground") to the end of the clause and insert ("room complies with the regulations made under this Act: Provided that if no regulations applicable to the case have been so made a certificate shall not he granted unless the district council are satisfied that the room is suitable in respect of the matters as to which regulations might have been made, and the certificate shall specify the means required as a condition of certification to be provided for securing the health of the persons employed in the room, and shall be made conditional on such means being maintained and properly used").

Clause 3, page 2, line 16, leave out ("factory, workshop or workplace is") and insert ("room is used in contravention of the provisions of this Act, then, if the room is in a factory, the factory shall be deemed to be a factory")

Clause 3, page 2, lines 17 to 21, leave out from ("with") to the end of the clause, and insert ("the Factory and Workshop Act, 1901, and if the room is in a workshop or workplace the workshop or workplace shall be deemed to be a nuisance liable to be dealt with summarily under the law relating to public health").

Clause 4, page 2, leave out the whole clause and insert as a new clause: A Court of summary jurisdiction may on complaint, in the case of a factory by an inspector, and in any other case by the district council, and on being satisfied that as regards any underground room in respect of which a certificate has been granted the regulations under this Act, or the conditions contained in the certificate are not complied with, withdraw the certificate.

Clause 5, page 2, line 33, leave out, ("or withdrawal")

Clause 5, page 2, line 34, leave out ("an underground") and insert ("the")

Clause 5, page 2, line 35, after ("workplace") insert ("in which there is an underground room")

Clause, 5, page 2, line 38, leave out from ("underground") to ("the") in page 3, line 1, and insert (" room complies with the regulations under this Act, or if there are no regulations applicable to the Case, is suitable in respect of the matters as to which regulations might have been made")

Clause, 5, page 3, lines 1 and 2, leave out ("a certificate of suitability of the underground factory, workshop or workplace") and insert ("such a. certificate as the district council ought to have granted").

Clause 6, page 3, line 4, leave out ("are occupied as an underground") and insert ("comprising an underground room have been let as a").

Clause 6, page 3, leave out lines 16 to 24, and insert as a new clause:

"Enforcement of Act in Workshops and Workplaces.

"As respects premises other than factories the provisions of this Act shall be enforced by the district council of the district in which the premises are situate, and for the purposes of this section any officer of the district council authorised in that behalf shall, for the purposes of this Act, have and may exercise in respect of such premises all the powers of entry, inspection, taking legal proceedings, and otherwise of an inspector, under the Factory and Workshop Act, 1901."

Clause 7, page 3, line 25, leave out ("special")

Clause 7, page 3, lines 25 and 26, leave out ("and is hereby empowered to make, alter, and amend") and insert ("make")

Clause 7, page 3, line 27, leave out ("natural lighting") and insert ("of underground rooms to which this Act applies, and the provision and use as regards such rooms of means for securing the")

Clause 7, page 3, line 28, after ("temperature") insert ("proper lighting and"), and after ("damp") insert ("dust effluvia and exhalations")

Clause 7, page 3, lines 28 and 29, leave out ("arrangements for carrying off") and insert ("and the carrying off of")

Clause 7, page 3, line 29, leave out ("in all other respects") and insert ("otherwise for securing the health of persons employed in underground rooms in the processes and occupations to which this Act applies; and different regulations may be made as respects different processes and different occupations, or as respects rooms which are used for the purposes of any of such processes or occupations at the time when the order comes into effect and rooms which are not so used"), and leave out from ("respects") to the end of the clause and insert: (2) The Secretary of State may by order extend the provisions of this Act to processes anti occupations other than those specified in the schedule to this Act, and thereupon this Act shall, subject to the provisions of the order, apply as if that schedule included the processes and occupations specified in the order. (3) Sections eighty, eighty-one, and eighty-four of the Factory and Workshop Act, 1901 (relating to the procedure for making regulations as to dangerous trades) shall apply to the making of orders under this section.

Page 3, after clause 7, insert as a new clause: This Act shall not apply to any underground room used only for the purpose of storage or any other purpose incidental to the processes and occupations specified in the Schedule to this Act which may be excepted by an Order made by the Secretary of State, nor to any domestic factory or domestic workshop, nor to any workplace which if it were a workshop would be a domestic workshop.

Clause 8, page 3, line 37, leave out ("of 1901 and 1907") and insert ("1901 to 1911").

Clause 8, page 3, line 38, leave out ("and 1907") and insert ("to 1911").

Clause 9, page 3, leave out the whole clause.

Schedule, page 4, leave out lines 2 and 3.

Schedule, page 4, line 4, leave out ("cleansing") and insert ("cleaning")

Schedule, page 4, lines 5 and 6, leave out ("and any work incidental thereto")

Schedule, page 4, line 11, leave out ("fancy")

Schedule, page 4, line 12, leave out ("laundries") and insert ("laundry work")

Schedule, page 4, line 14, leave out ("sale") and insert ("consumption"), and leave out ("coffeehouses") and insert ("other establishments for the sale of refreshments").—(Lord Strachie.)

On Question, Amendments agreed to.

Bill re-committed to a Committee of the Whole House on Monday next.