HL Deb 07 August 1914 vol 17 cc454-6

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

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

On Question, Motion agreed to.

House in Committee accordingly.

[The EARL OF DONOUGHMORE in the Chair.]

Clauses 1 and 2 agreed to.

Clause 3:

Determination of question whether a person is a workman.

3.—(1) Where any question arises under Part II of the principal Act whether a person is a workman within the meaning of that Part, the question shall be decided in the like manner as a question whether a workman is a workman in respect of whom contributions are payable under that Part, or whether a trade in which a workman is employed is an insured trade., and the provisions of Part II of the principal Act relating to the determination of such questions and the consequences of decisions thereon, and requiring any such questions to be referred to the umpire, shall apply accordingly.

(2) Where, in pursuance of regulations made by the Board of Trade under Part II of the principal Act, a decision has been obtained from the umpire that contributions under that Part are not payable in respect of any workman, or class of workmen, and the umpire certifies that he has subsequently revised such decision so as to make contributions payable in respect of such workman, or class of workmen, or any of them, contributions shall be so payable only from the date when the decision was so revised.

THE EARL OF GRANARD

I move to add a new subsection to this clause. On the Report stage of the Bill in the other House an Amendment was moved by Mr. King providing that the Arbitration Act of 1889 was not to apply to proceedings before the umpire except so far as it might be applied by regulations. The Government in the other House accepted that Amendment, and the object of the subsection which I now move is to extend Mr. King's Amendment by applying it to all proceedings before the umpire.

Amendment moved— Page 3, line 5, at end insert as a new subsection: ( ) Subsections (3) and (4) of section eighty-eight of the principal Act shall apply to all proceedings before the umpire whether under that section or under any other provision of Part II of the principal Act.—(The Earl of Granard.)

On Question, Amendment agreed to.

Clause 3, as amended, agreed to.

Clauses 4 to 7 agreed to.

Clause 8:

Amendment of s. 101 (2) of principal Act.

8.—(1) Where an employer has been convicted under subsection (2) of section one hundred and one of the principal Act of the offence of failing or neglecting to make any contribution under Part II of that Act, then, if notice of the intention to do so is served with the summons or warrant, evidence may be given of the failure or neglect on the part of the employer to pay other contributions in respect of the same workman during the year preceding the date when the information was laid, and on proof of such neglect or failure the employer shall be liable to pay to the unemployment fund a sum equal to the total amount of all the contributions which he is so proved to have failed or neglected to pay, which sum when paid shall be treated as a payment in satisfaction of such contributions, and the workman's portion of such contributions shall not be recoverable by the employer from the workman.

(2) The following subsection shall be inserted after subsection (6) of section one hundred and one of the principal Act, namely:— (7) The Arbitration Act, 1889, shall not apply to proceedings under the last foregoing subsection except so far as it may be applied by regulations under this Part of this Act.

(3) A court of summary jurisdiction in Ireland shall have the same power as a court of summary jurisdiction in England in the case of a person convicted for an offence under subsection (1) of section one hundred and one of the principal Act to impose a fine not exceeding twenty-five pounds instead of imprisonment, if they think that the justice of the case will be better met by a fine than imprisonment.

(4) All proceedings for any contravention or non-compliance with the provisions of Part II so far as relating to matters under Part II of the principal Act, or this Act, or the regulations made there under, shall in Scotland be instituted and carried on under the provisions of the Summary Jurisdiction (Scotland) Acts, and may be taken at the instance of the procurator fiscal or the Board of Trade.

THE EARL OF GRANARD

I move to leave out subsection (2). This Amendment is consequential.

Amendment moved— Page 6, line 25, leave out subsection (2).—(The Earl of Granard.)

On Question, Amendment agreed to.

Clause 8, as amended, agreed to.

Remaining clauses agreed to.

Then (Standing Order No. XXXIX having been suspended): Amendments reported: Bill read 3ª, and passed, and returned to the Commons, and to be printed as amended. (No. 240.)