HL Deb 27 July 1926 vol 65 cc263-6

Order of the Day for the Report of Amendments read.

VISCOUNT PEEL

My Lords, in moving that the Report be now received may I recall that at an earlier stage of the Bill a question was raised by the noble Earl, Lord Russell. His suggestion was that when a man has been convicted of giving short weight under this Bill a notice of the conviction should be put up in front of his shop for fourteen days. That was supported, I think, by the noble Lord opposite (Lord Parmoor) and the noble Lord behind him, and I promised that I would bring the matter to the notice of the Home Office. I used some arguments against the proposal, but I find that the views of the Home Office against it are much stronger than were my own. They say it would be contrary to the general principles on which the Criminal Law is administered in this country, and I hope the noble Lord opposite will be satisfied with that statement.

On Question, Motion agreed to, and Amendments reported accordingly.

Clause 4 [Provisions applicable to the sale of certain articles of common consumption]:

VISCOUNT PEEL moved to add the following new subsection: (5) This section shall not apply in the case of any article which is proved to have been sold for export or to be intended to be so sold. The noble Viscount said: My Lords, I understand that a good deal of export business is done by metric weight or measure, and it would not be advisable, or perhaps even possible, to apply the provisions of this clause to that export trade. I therefore move this Amendment to exempt these articles from the operation of the clause.

Amendment moved— Clause 4, page 3, line 2, at end insert the said new subsection.—(Viscount Peel.)

Clause 6:

Provisions applicable to the sale of bread.

6.—(1) A person shall not sell or offer for sale any bread otherwise than by net weight.

(2) A person shall not sell or have in his possession for sale or delivery under a contract of sale any loaf of bread unless its net weight is one pound or an integral number of pounds:

Provided that this subsection shall not apply to loaves supplied under contract where the contract provides for the supply for consumption on the premises of the purchaser of not less than half a hundredweight of bread at a time, and for the weighing of the bread on delivery.

(3) The foregoing provisions of this section shall not apply to fancy bread or to loaves not exceeding twelve ounces in weight.

(4) Every person selling bread by retail, or having in his possession any bread for the purpose of sale by retail, shall provide and keep in some conspicuous part of his shop or premises, a correct weighing instrument of a pattern suitable for weighing bread, and shall, if so required by the purchaser, or by an inspector of weights and measures, weigh the bread in the presence of the person so requiring, or, if the person so requiring is such an inspector as aforesaid, shall permit the inspector to weigh the bread.

(5) Every person carrying bread for sale or delivery to a purchaser shall, if so required by an inspector of weights and measures permit the inspector to weigh the bread.

VISCOUNT PEEL moved, at the end of subsection (3), to insert: Provided that in Scotland the foregoing provisions shall apply to pan loaves, French loaves, and loaves of a similar character, with this modification, that any such loaf of the net weight of one-and-three-quarter pounds may be sold or delivered for sale if the weight is clearly marked either by an impression made in baking or on any printed band or wrapper surrounding or containing the loaf. The noble Viscount said: My Lords, this Amendment was brought up in order to meet the requirements of the noble Earl, Lord Elgin, about pan bread. This Amendment, in conjunction with an Amendment to be made in Clause 14, effects the object of the noble Earl by allowing the sale of pan bread in loaves of 1 lb. 12 ozs., provided that there is an appropriate indication of its weight, either on the pan itself or on the wrapper round the bread. I think this will enable the bakers to continue with their present system, and at the same time it will enable housewives to be quite sure they get the proper weight of 1 lb. 12 oz.

Amendment moved— Clause 6, page 3, line 25, at end insert the said proviso.—(Viscount Peel.)

THE EARL OF ELGIN AND KINCARDINE

My Lords, I should like to thank the noble Viscount for the way in which he has met this point. As he says, the Amendment does meet the situation by bringing pan bread within the principle of the Bill, although not making it liable to the full 2 lbs. weight. It will thus secure for the population of Scotland the assurance that they get full value for their money by weight and it will also secure the point which the bakers made that they should not be compelled to renew their plant in order to make the bread of a greater weight.

Clause 11:

Powers of inspection and entry.

(2) Where any person has in his possession for sale or delivery on sale any pre-packed article of food of any kind which is required by or under this Act to be sold by weight or measure, or in respect of which any representation of weight or measure is made, he shall, if so requested by an inspector of weights and measures, weigh or measure such article in the inspector's presence or permit the inspector to neigh or measure it, and, if necessary for this purpose, shall break open, or allow the inspector to break open, any wrapper or container in which such article is packed, and shall also if so requested by the inspector sell the article to him.

VISCOUNT PEEL moved, in subsection (2), after "or" ["or in respect of which"] to insert "any article of food." The noble Viscount said: This Amendment gives over any articles of food, for instance, butcher's meat, the same powers to the inspectors as they already possess in the Bill as regards pre-packed articles.

Amendment moved— Page 5, line 34, after the second ("or") insert ("ally article of food").—(Viscount Peel.)

Clause 14:

Interpretation.

(4) In the application of this Act to Scotland, references to the Board of Agriculture for Scotland shall be substituted for references to the Minister of Agriculture and Fisheries, the expression "fancy bread" shall not include a pan loaf, French loaf, or any loaf of a similar character, and the expression "information" shall mean petition or complaint.

VISCOUNT PEEL moved, in subsection (4), to omit the words "the expression 'fancy bread' shall not include a pan loaf, French loaf, or any loaf of a similar character." The noble Viscount said: This is merely consequential on the Amendment already accepted in Clause 6.

Amendment moved— Clause 14, page 9, line 15, leave out from ("Fisheries") to ("and") in line 17—(Viscount Peel.)