ALKALI, &c., WORKS REGULATION (SCOTLAND) BILL (Hansard, 8 March 1951)

§ LORD MORRISON
My Lords, this is a short but, I hope, useful Scottish Bill of only three clauses. It come to us from another place where it passed through all its stage without a Division. It has the good quality of making more flexible the provisions of the Alkali, &c., Works Regulation Act, 1906, as it applies to Scotland, The Act of 1906, forty-five years ago, the main Statute controlling the emission of fumes by the chemical industry, specifies works likely to give off offensive fumes and makes them subject to registration by the Central Department and to inspection by the expert staff of the Secretary of State. In some cases the Act sets standards to which those carrying on specified operations must conform, but more generally the condition is that the work must be carried on in accordance with the "best practicable means."
The Act of 1906, however, has this defect: it makes no provision for the advance of the chemical industry. Since 1906 new works and processes have come into being, and what was no doubt regarded at that time as a fully exhaustive list of works for the purposes of the Act is no longer sufficient. Similarly, the Act purports to list the "noxious or offensive gases" the escape of which ought to be prevented by the use of the best practicable means. To-day, however, there are processes operated and gases emitted by industry which, if known, were at best chemical curiosities forty-five years ago. Twenty-five years ago the Statute was amended to enable these lists of works and gases to be added to as the industry developed in England and Wales.
Now I come to a curious point which I am unable to explain. When the Act was extended to England and Wales, the 982 Government of that time did not think it necessary to extend it to Scotland. This Bill now seeks to do what ought to have been done then. Clause I empowers the Secretary of State, after holding an inquiry and consulting local authorities and others (including the industry) appearing to him to be concerned, to make orders extending or amending the lists to which I have made reference. Such an order will be subject to annulment by Resolution of either House of Parliament. Clause 2 enables the Secretary of State to authorise the inspection of any particular work which he regards as likely to cause the evolution of any noxious or offensive gas. The clause does not give a general power to "snoop," but gives only such powers of entry as will be required to follow up complaints in respect of unregistrable premises. Clause 3, is purely formal. I hope that this short Bill will commend itself to your Lordships' House as one enabling the Statute dealing with an ever-developing industry to meet the changing conditions in that industry as they arise. I beg to move that the Bill be now read a second time.

§ LORD TWEEDSMUIR
My Lords, I think noble Lords from Scotland and my noble friends on this side of the House will be able to give warm support to this short Bill. However, I should like to draw the noble Lord's attention to one thing. The Title of this Bill is "Alkali, &c., Works Regulation (Scotland)." I do not like the term "&c." in the Title of a Bill. I think it is an extremely slovenly Title, and I wonder whether the noble Lord could enlighten us as to what is actually conveyed by using "&c." in this connection. As I have already said, I think we can all welcome this Bill, and possibly some of us are slightly surprised that it has not been brought forward before. After all, to a great extent it is based on a Report of the Medical Research Council, which Report was complete, except for one chapter, in 1941. That remaining chapter, completed in 1946, was not available to the public until 1949. Since the date of the Act to which the noble Lord referred, some twenty-five years ago, a good deal of industry has been attracted to Scotland. We welcome it, but at the same time 983 realise that many of these new processes have their dangers as well as their benefits. I think I speak for all my noble friends when I say that we regard this Bill as being both reasonable and necessary. Accordingly, I extend it a warm welcome.

§ LORD MORRISON
My Lords, may I be permitted to reply to the noble Lord's point about using the word (if it is a word) "&c." in the title of a Bill? If any blame arises it cannot be laid at the door of the present Government. That word was in the Bill of 1906, forty-five years ago, and therefore we are only continuing the phraseology used on that occasion. I understand that the reason for its use was to shorten the title of the Bill, a course which I think would com-mend itself to your Lordships. We could have used either the words "Et cetera," which would not have meant anything more than "&c.," or a very long Latin title which I do not think would have been helpful. At any rate, this is only a policy of continuity from the Bill of 1906. If the noble Lord has any strong feelings about this matter, perhaps he will put down an appropriate Amendment at the next stage of the Bill, and we will look at it.