SHOPS BILL. [H.L.] (Hansard, 13 February 1936)

§ THE EARL OF IDDESLEIGH

My Lords, in the year 1942, when the principal Act governing the hours of labour in shops received the Royal Assent, the present very large extension of popular lending libraries was not contemplated. Had it been contemplated, I have no doubt that provisions would have been made for 612 regulating the hours of opening of lending libraries, for the conditions in those libraries are almost identical with conditions of labour in shops. I am now moving the Second Reading of a Bill to bring the same regulations into force with regard to lending libraries as are already in force with regard to shops. The National Chamber of Trade, which is a very large organisation, with more than 400 local branches representing retail traders, is strongly in favour of the Bill, as is also the Early Closing Association.

The lending libraries have, in some cases, taken advantage of the present gap in the law and, as I told your Lordships on a recent occasion, there are a good many cases in which they keep open from half-past eight in the morning until eleven o'clock at night. There is one case at any rate, and possibly more, in which the hours were recently from eight o'clock in the morning until eleven o'clock at night. Until a recent decision by a bench of magistrates that these establishments came under the Lord's Day Observance Act, the lending libraries kept open on Sundays as well. In these circumstances one cannot but feel grave anxiety as to the hours which assistants may be called upon to work. I have no information on that point—there is no real possibility of obtaining information on such points— but it is quite clearly in accordance with the mind of Parliament that the hours of labour of assistants can only be regulated by compelling the establishments in which they work to close during certain hours. There is also the fact of competition with other establishments which do come under the Shops Act, and this is worthy of consideration.

In Clause 1 I am asking your Lordships to insert the words "the lending for reward of books or periodicals" in the proper place of the Act of 1912. In subsection (2) of that clause I am making it quite clear that this does not apply to public libraries or to libraries provided for charitable or educational purposes. My principal object in making provision for this exemption is to safeguard the position of Sunday Schools and similar semi-philanthropic associations. I understand that my right honourable friend the Home Secretary is giving his consideration to this Bill and may propose certain Amendments. I should be very happy indeed to fall in with any of the suggestions which his noble friend in 613 this House may make on the Committee stage. I beg to move.

THE EARL OF FEVERSHAM

My Lords, when the noble Earl moved a Resolution in July last it afforded me the opportunity of stating the. Government attitude with regard to the question dealt with in this Bill. I think therefore that it will be unnecessary for me to repeat what I then said about the position of those libraries under the existing law. It will be recollected that at that date I informed the noble Earl that the Government did not wish to dissent in any way from the terms of his Resolution, although I could give no promise of any Government legislation, and I am glad to see that the noble Earl has taken advantage of the assurance that I then extended to him that any proposal that he put forward in the form of a Bill would be seriously and sympathetically considered by the Government. As the noble Earl has indicated, it may be necessary to consider the amendment in some details of the provisions of his Bill. In particular, it will be necessary closely to examine the precise scope and the effect of the exemption provided for public libraries and certain other libraries from which no private profit is derived. These are Committee points which can receive consideration at that stage.