Lords Sitting of 28 October 1954

Preamble
The House met at three of the clock, The LORD CHANCELLOR on the Woolsack.
Prayers
  BUSINESS OF THE HOUSE
  EARL FORTESCUE: My Lords, I have a statement to make with regard to Business next week. It is proposed that we take the Committee stage of the Town and Country Planning Bill on Monday and Tuesday. We shall meet at half past two on Monday and adjourn at half past seven. On Tuesday, I am afraid we may, if necessary, have to sit through dinner, but I hope that with any luck we shall not have to do so. In the event of our having to sit after dinner we shall adjourn at seven until a quarter past eight.

INTERNATIONAL ORGANISATIONS (IMMUNITIES AND PRIVILEGES OF THE INTERNATIONAL SUGAR COUNCIL) DRAFT ORDER, 1954
3.5 p.m.
THE MINISTER OF STATE FOR FOREIGN AFFAIRS (THE MARQUESS OF READING)THE MINISTER OF STATE FOR FOREIGN AFFAIRS (THE MARQUESS OF READING) rose to move, That an humble Address be presented to Her Majesty, praying that the International Organisations (Immunities and Privileges of the International Sugar Council) Order, 1954, be made in the form of the Draft laid before Parliament. The noble Marquess said: My Lords, last week I submitted to your Lordships' House eight Orders of this kind relating to various international organisations. On the same day the same Orders were dealt with in another place, with the addition of the Order which is now before you. The reason why it did not come before your Lordships' House at that stage was that it had not then passed the necessary Committee of inspection which looks into these Orders before they are brought to us. It is a very simple Order of limited scope.
All the Motion does is to approve affirmatively the making of an Order which gives effect to two obligations into which Her Majesty's Government entered
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when they signed the International Sugar Convention in October of last year. Those two obligations, under Article 27 (6) and Article 38 (6) respectively of the Agreement, are as follows. The first gives to the International Sugar Council which is set up under the Agreement such legal capacity as may be necessary for the discharge of its functions—it gives it a corporate entity. The second is to give exemption from taxation both to the funds of the Council and to the remuneration paid by the Council to its employees. At the time when we signed that Convention we made a reservation regarding exemption from taxation of individuals—that that exemption should not apply to nationals of the country in which the headquarters were ultimately sited. The headquarters are, in fact, sited in London and this exemption, therefore, does not apply to citizens of the United Kingdom and the Colonies. I am told that at present there are nine employees of whom only two are not citizens of the United Kingdom or the Colonies; therefore, the exemption extends at present only to those two persons.
I should draw noble Lords' attention to the fact that the pictures which were painted in the discussion last week of people driving motor cars to the destruction of Her Majesty's lieges do not arise under this Order at all. Here the privilege and immunity is confined to these two particular points. I should also indicate that the noble and learned Earl, Lord Jowitt, who spoke in opposition or criticism of the Orders, confined his criticism to Orders which it was proposed to make in respect of organisations which had been in existence for a number of years before the Immunities and Privileges (International Organisations) Act, 1950, came into existence. To those made subsequently he took no exception. If there are any points which any noble Lord wishes to raise, I will do my best to answer. I commend this Order to your Lordships' House. I beg to move.
Moved, That an humble Address be presented to Her Majesty, praying that the International Organisations (Immunities and Privileges of the International Sugar Council) Order, 1954, be made in the form of the Draft laid before Parliament.—(The Marquess of Reading.)
3.9 p.m.
LORD SHEPHERD: My Lords, I thank the noble Marquess for his very clear statement upon this Order. I do not propose to object in any way to the Order, but should like to take advantage of the opportunity presented to your Lordships' House of asking a question or two about it. As I understood the noble Marquess to say, this Council is to be sited in London and is to be given a certain legal status. I shall be glad if the noble Marquess will, if he can, enlarge, for instance, upon whether the Council can be sued or can sue in the courts. I ask that because it seemed to me, if that is the position, that the Council is in a somewhat different category from the usual run of those organisations. My second point relates to income tax as it applies to those employed by the Council. I could understand relief from income tax being given to an employee of a concern of this, kind if the period of living in Great Britain was to be short; but it is possible that a man may come from abroad in the employ of the Council and reside in Great Britain for a substantial number of years. He and his family may take advantage of all the amenities and privileges of our country, and may live here for a considerable time without payment of income tax. I wonder whether something ought not to be done in a wider sense to draw a distinction between those who come amongst us temporarily and those who evidently come for a considerable period of time.
THE MARQUESS OF READING: May I deal briefly with those two points? As regards the status of the particular organisation we are dealing with, we are doing here what I think we have done with all these international organisations in the Orders with which we have dealt in the last few days, and that is to give them a corporate entity, which gives them a certain position. The effect of that is that, being a body corporate, so to speak, the Council cart both sue and be sued. At least, that is what should take to be the position, though it is not expressly provided in the Order. I think that must be the position. The granting of this corporate entity is expedient for the purposes of these bodies for a number of reasons which the noble Lord will understand.
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As regards the salary aspect, here, again, this exemption has been given to the employees of a number of different bodies. We dealt, for instance, with the International Wheat Council some time in July last year, and in that case exemption was even made retrospective. No doubt salaries of persons employed are fixed with their full position in regard to exemption from income tax or liability to income tax in mind. I do not think it would be advisable to make any distinction between those who are here for a short time and those who are here for a prolonged period, because, as I say, it is known beforehand what conditions are, and the remuneration of these people has to be dealt with in the light of the known conditions when they establish themselves in this country. There are, of course, advantages in having the headquarters of a body of this kind in this country. It means that from time to time there are meetings; it means that people come here and spend foreign currency. It also has a certain prestige value, perhaps, that international headquarters should select this city as their permanent situation. I hope that I have dissipated any doubts which the noble Lord had in his mind on the subject. If that he the case I hope that your Lordships will now approve this Motion.
On Question, Motion agreed to: the said Address to be presented to Her Majesty by the Lords with White Staves.

PNEUMOCONIOSIS AND BYSSINOSIS BENEFIT AMENDMENT DRAFT SCHEME, 1954
3.14 p.m.
THE MINISTER WITHOUT PORTFOLIO (THE EARL OF MUNSTER)THE MINISTER WITHOUT PORTFOLIO (THE EARL OF MUNSTER) rose to move, That the Pneumoconiosis and Byssinosis Benefit Amendment Draft Scheme, 1954, be approved. The noble Earl said: I beg to move the first of the Motions which stand in my name, and it will probably be for the convenience of the House that. I should make a few brief remarks upon it. The Industrial Diseases Benefit Act, 1954, enables the Minister to extend the Pneumoconiosis and Byssinosis Benefit Scheme of 1952 to cover the partially disabled, and this amendment scheme, which I now present to the House, is designed to make that extension. This scheme, like the 1952 scheme for the totally disabled, applies

807
to persons suffering from those diseases where they have been or are unable to claim compensation under the Workmen's Compensation Acts or benefit under the Industrial Injuries Act. This scheme will apply in all cases where the disease is confirmed and was contracted in the course of work before July 5, 1948, because in those cases no benefits or compensation can be claimed under the Acts which I have previously mentioned. I think I should point out that the benefit for partial disablement will be a flat rate allowance of £1 a week, and this allowance is, of course, in addition to any benefit under the National Insurance Scheme to which the beneficiary may be entitled. I think there is universal agreement amongst all Parties about this scheme. Therefore, with those few words, I beg to move the Motion which stands in my name.
Moved, That the Pneumoconiosis and Byssinosis Benefit Amendment Draft Scheme, 1954, be approved.—(The Earl of Munster.)
VISCOUNT HALL: My Lords with all my colleagues and, I am sure, with all the mining fraternity in this country. I welcome this Order. It stops about the last gap we can think of in the giving of some compensation to the many sufferers from these diseases in this country. We are very grateful to the Government and to the noble Earl for bringing this matter forward.
On Question, Motion agreed to.

INDUSTRIAL DISEASES (MISCEL LANEOUS) BENEFIT DRAFT SCHEME, 1954
3.18 p.m.
THE EARL OF MUNSTER: My Lords, the second Motion which stands in my name will perhaps require even shorter explanation than the last. The draft scheme which I now present stems from Section 1 of the Industrial Diseases Act, 1954, for uncompensated cases of certain other diseases. If your Lordships will look at the First Schedule to the scheme you will there find described the diseases which are to be covered by this Order. I think the only other reference I need make to the Order is to point out that this particular scheme provides for the payment of benefit at the same rates as are laid down in the previous scheme
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which the House has just approved. Accordingly, with those few words I beg to move the Motion which stands in my name.
Moved, That the Industrial Diseases (Miscellaneous) Benefit Draft Scheme, 1954, be approved.—(The Earl of Munster.)
On Question, Motion agreed to.

ELECTRICITY REORGANISATION (SCOTLAND) BILL
3.20 p.m.
House in Committee (according to Order): Bill reported without amendment.

MINES AND QUARRIES BILL
3.21 p.m.
Order of the Day for the House to be again in Committee read.
Moved, That the House do now resolve itself into Committee.—(The Earl of Selkirk.)
On Question, Motion agreed to.
House in Committee accordingly.
[The EARL OF DROGHEDA in the Chair]
Clause 156 [Special defence available to mine under-managers with limited jurisdiction]:
THE PAYMASTER GENERAL (THE EARL OF SELKIRK): This is a drafting Amendment. I beg to move.
Amendment moved—
Page 93, line 29, leave out ("a contravention of any such provision or notice") and insert ("such a contravention").—(The Earl of Selkirk.)
On Question Amendment agreed to.
Clause 156, as amended, agreed to.
THE EARL OF SELKIRK THE EARL OF SELKIRK moved, after Clause 156, to insert the following new clause:
Liability of owners for breaches of statutory duty by their servants
". For the removal of doubts it is hereby declared that the owner of a mine or quarry is not absolved from liability to pay damages in respect of a contravention, in relation to the mine or quarry, by a person employed by him of—

(a) a provision of this Act of an order made thereunder or of regulations; or

(b) a prohibition, restriction or requirement imposed by a notice served under or by virtue of this Act by an inspector;

809
by reason only that the provision contravened was one which expressly imposed on that person or on persons of a class to which, at the time of the contravention, he belonged, a duty or requirement or expressly prohibited that person, or persons of such a class or all persons from doing a specified act or, as the case may be, that the prohibition, restriction or requirement was expressly imposed on that person or that that person was, in pursuance of this Act or regulations, appointed by a person other than the owner."
The noble Earl said: This new clause is set down to remove a doubt which arises from the reservation of opinion expressed in two cases heard in this House. The question was whether a master is responsible for the negligence of his servant arising front a breach of statutory duty expressly laid upon the servant—in other words, whether the maxim respondiat superior applies in regard to a breach of statutory duty as it undoubtedly does in respect of negligence under Common Law. The purpose of the Amendment is to put the matter beyond doubt and to say that the master is responsible for a breach of statutory duty expressly laid on his servant. I beg to move.
Amendment moved—
After Clause 156, insert the said new clause.—(The Earl of Selkirk.)
On Question, Amendment agreed to.
Clause 157 [Penalisation of supply of defective equipment for mines and quarries]:
THE EARL OF SELKIRK THE EARL OF SELKIRK moved to leave out Clause 157. The noble Earl said: We have reluctantly come to the conclusion that this clause, in the way in which it is drawn, will not work. As drawn, the clause makes it an offence to supply equipment which would contravene the requirements under this
Bill if the maker knew that it was for use in a mine or quarry in this country. We have been forced to the conclusion that that proposal is unworkable, for various reasons. One is that every maker would require to know what rules and what exemptions were in force in any mine to which he was supplying equipment—and I would emphasise that he has to supply equipment not only according to the provisions of the Act (as it will be) but also according to any instruction or exemption laid on the inspectors by virtue of this Act. We think that is unenforceable.
There are other difficulties. In many cases, mine owners buy their equipment and erect it on the spot, and there is
810
always the possibility of some error in erection. Others buy subject to adaptation by themselves. We have found it quite impossible to draft a clause which would cover all these cases. Therefore, we have been forced to the conclusion that the only effective clause we could put in would be one which
would apply in cases of express or implied warranty in which both buyer and seller knew the use which was intended for the equipment. But this would take us back to the Merchandise Marks Acts of 1887 and 1953, and there is no point in inserting a redraft of the provisions' made there. In this respect I would say that a trade description has been extended by the 1953 Act to include any description or statement as to quality of goods, making it clear that if, for example, a buyer purchases equipment stated to be flameproof, the person who supplies it is liable under the Merchandise Marks Act if it is not, in fact, flame-proof. There is still a complete safeguard in respect of the description and guarantee of quality for most purposes. I very much hope that the withdrawal of this clause will be accepted by your Lordships, because I think that, as drafted, it would be unenforceable. I beg to move.
Amendment moved—
Leave out Clause 157.—(The Earl of Selkirk.)
VISCOUNT HALL: I must say that we wondered why, in a Bill which was debated so long as this has been in another place, a clause, of so great importance, in the opinion of the miners, is being withdrawn at this stage. I can quite see from the remarks made by the noble Earl that there is some substance in his argument, though I thought he made rather heavy weather of one or two points. There is a good deal of standardisation in the mining industry, the more so since nationalisation, and I should think that every manufacturer of mining equipment would be informed by the managers who deal with the electrical work and the mechanics who deal with machine work about almost every aspect of the difficulties which arise in the mines. But I am not going to deal with that. All I am concerned with is whether there are safeguards in this or any other Bill to prevent the supply of defective machinery to the mines. I think that was the main purpose of the clause. Perhaps the noble Earl will allow me to discuss this matter with some of my friends and then with

811
him, and if he can satisfy us that the point is fully met, then we shall be quite content.
THE EARL OF SELKIRK: I see the noble Viscount's point entirely. I should mention that some criticism was made on this point in Committee stage in another place, but this is a complicated Bill and, with one thing and another, we had either not found time to deal with this matter or were reluctant to take action until we were quite convinced that the clause was unenforceable. We withdraw it only because we think it would not provide any protection. The point made by the noble Viscount about the guarantee of any equipment stands absolutely. If any equipment is said to be flame-proof or to hold any other quality which is required, that guarantee and the liabilities arising under the Merchandise Marks Acts stand absolutely. I would express the opinion that there is no weakening of safeguards for those engaged in the mines by the withdrawal of this clause. I shall be happy to discuss it further, but I shall be grateful if I may now withdraw the clause.
On Question, Amendment agreed to.
Clause 158 agreed to.
3.30 p.m.
Clause 159 [Forgery of certificates, false statements, etc.]:
THE EARL OF SELKIRK: This is a drafting Amendment. I beg to move.
Amendment moved—
Page 95, line 7, at end insert ("or").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: The next Amendment is to make it quite clear that it constitutes an offence to make a false entry in one of the books which under the Bill have to be kept. I beg to move.
Amendment moved—
Page 95, line 32, after ("register") insert ("book").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: Under Clause 137 the Minister may call for information or statistics from any mine. All this Amendment does is to make it clear that anyone who discloses that information, or discloses statistics, in a
812
manner other than provided for in the Bill, is committing an offence. I suppose it is true to say that this applies to a major extent to the Civil Service. I bee to move.
Amendment moved—
Page 95, line 42, at end insert—
("(e) discloses any return, statistics or other information in contravention of this Act; or").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
Clause 159, as amended, agreed to.
Clause 160 [Removal or defacement of notices, &c.]:
VISCOUNT FURNESS VISCOUNT FURNESS moved, after the word "If," to insert: ",without reasonable excuse,". The noble Viscount said: This Amendment is intended to make it quite clear that no offence is committed under this clause if notices posted at mines or quarries are removed or defaced by a person who has a reasonable excuse for doing so; as, for example, when they have become out of date or are not otherwise required to be kept. I beg to move.
Amendment moved—
Page 96, line 15, after ("If") insert the said words.—(Viscount Furness.)
LORD HAWKE: I think my noble friend has spotted a small flaw in the Bill, and we have pleasure in accepting this Amendment.
On Question, Amendment agreed to.
VISCOUNT FURNESS: This Amendment is little more than drafting. It is only to documents for the time being posted or kept that this clause should apply. I beg to move.
Amendment moved—
Page 96, line 16, after ("notice") insert ("which is for the time being").—(Viscount Furness.)
LORD HAWKE: We are pleased to accept this Amendment, too.
On Question, Amendment agreed to.
VISCOUNT FURNESS: This is a consequential Amendment. I beg to move.
Amendment moved—
Page 96, line 19, leave out ("has been") and insert ("is for the time being").—(Viscount Furness.)
On Question, Amendment agreed to.
VISCOUNT FURNESS: This is purely a drafting Amendment. I beg to move.
Amendment moved—
Page 96, line 21, leave out the second ("be").—(Viscount Furness).
On Question, Amendment agreed to.
Clause 160, as amended, agreed to.
Clause 161 [Prosecution of offences]:
THE EARL OF SELKIRK: This Amendment is really not much more than drafting. It is to make clear that if, in the course of an inspector's report or public inquiry or coroner's inquest, it appears that a contravention of the Act has taken place, then within three months of that time a prosecution may proceed. I beg to move.
Amendment moved—
Page 96, tine 29, leave out from ("Where") to ("to") in line 32 and insert (",in consequence of an accident of other occurrence at a mine or quarry, a special report is made in pursuance of this Act by an inspector, a report is made by a person, appointed under this Act").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is a minor correction which I think we have had before, to make it clear that a contravention can arise not only from' the provisions of this Act, but also from a direction of the inspector, or a condition which may be attached to exemption. I beg to move.
Amendment moved—
Page 96, line 34, leave out from ("that") to ("summary") in line 36 and insert (",at or before the time of the accident or other occurrence, there was a contravention, in relation to the mine or quarry, of—

(a) a provision of this Act, of an order made thereunder or of regulations;

(b) a direction, prohibition, restriction or requirement given or imposed by a notice served under or by virtue of this Act by an inspector; or

(c) a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by the Minister or an inspector"). —(The Earl of Selkirk.)

On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is a drafting Amendment. I beg to move.
Amendment moved—
Page 97, line 12, leave out ("or given under this Act or regulations") and insert ("under or by virtue of this Act by an inspector").— (The Earl of Selkirk.)
On Question, Amendment agreed to.
Clause 161, as amended, agreed to.
Clause 162 agreed to.
Clause 163 [Duty to report results of proceedings against persons employed at mines or quarries]:
LORD HAWKE: This is a little more than drafting. We are dealing here with the duty of the manager or the owner to report to the inspector the result of proceedings that have taken place against persons employed at the mines. As the clause is drafted we say merely that he must report; but by amending it to say that he shall give notice to the inspector we provide a statutory form of channel for the giving of that notice. I beg to move.
Amendment moved—
Page 97, line 32, leave out ("report the result of the trial to the inspector for the district") and insert ("give to the inspector for the district notice of the result of the trial").—(Lord Hawke.)
On Question, Amendment agreed to.
LORD HAWKE: This is a consequential Amendment. I beg to move.
Amendment moved—
Page 97, line 35, leave out ("report the result of those proceedings to the inspector for the district") and insert ("give to the inspector for the district notice of the result of those proceedings").—(Lord Hawke.)
On Question, Amendment agreed to.
Clause 163, as amended, agreed to.
THE EARL OF SELKIRK: This is really pure law. The Education Act, 1918, and the Young Persons and Children's Act, 1920, use the enforcement sections of the 1911 Act for the purposes of offences. It is row desirable to incorporate that portion in the present Bill. I beg to move.
Amendment moved—
After Clause 163, insert the following new clause:
Proceedings for offences in respect of employment of children
(". For the purposes of any proceedings under this Act in respect of the employment of children in contravention of section fourteen of the Education Act, 19.18, section seventeen of the Education (Scotland) Act, 1918, or section one of the Employment of Women, Young Persons and Children Act, 1920 (being enactments which prohibit the employment of children in factories, mines and quarries and, so far as they relate to mines and quarries, are incorporated with this Act), the references in section one hundred and fifty-eight of this Act to a young person shall be construed as

815
including references to a child within the meaning of the said section fourteen, the said section seventeen or the said section one, as the case may be.")—(The Earl of Selkirk.)
On Question, Amendment agreed to.
Clause 164 agreed to.
Clause 165 [Division of Mines]:
LORD HAWKE: The next Amendment is drafting. I beg to move.
Amendment moved—
Page 98, line 7, after ("served") insert ("by the owner").—(Lord Hawke.)
On Question, Amendment agreed to.
LORD HAWKE: This, too, is a drafting Amendment. I beg to move.
Amendment moved—
Page 98, line 15, at end insert ("by notice served on the owner of the mine.")—(Lord Hawke.)
On Question, Amendment agreed to.
LORD HAWKE: This Amendment is a little more than drafting. We are dealing here with the question of the division of mines for administrative purposes where there may be a possibility of a division of responsibility for carrying out the provisions of the Bill. As the clause is drafted at the moment there is a suggestion that division could have taken place in order to evade the provisions of this Bill. That is not a pleasant innuendo, and, moreover, we cannot think of a case which could possibly occur. We feel it would be better to leave it that the inspector, wherever he thinks that safety or health are imperilled, has the power to decide how the separate mines are treated. I beg to move.
Amendment moved—
Page 98, line 21, leave out from ("opinion") to ("he") in line 25 and insert ("with respect to a mine whereof parts are, by virtue of this section, for the time being treated for the purposes of this Act as separate mines, that the division of the mine prejudices or is likely to prejudice the safety or health of the persons employed thereat (or any of them),").—(Lord Hawke.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is a drafting Amendment. I beg to move.
Amendment moved—
Page 98, line 25, leave out ("upon") and insert ("on").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
Clause 165, as amended, agreed to.
Clause 166 [Demarcation of quarries]:
THE EARL OF SELKIRK: This clause deals with the demarcation of quarries, and the Amendment makes it quite clear that the inspector may require that the boundaries of the quarries be marked and that the information be provided to him in writing. I beg to move.
Amendment moved—
Page 98, line 33, leave out from ("may") to ("to") in line 39, and insert ("by notice served on the owner of the quarries in a case where the same person is owner of both quarries, or on the respective owners of the quarries in any other case, require that, before the expiration of such period as may be specified in the notice, the boundary between the two quarries shall be determined by the owner or, as the case may be, by agreement between the respective owners and as so determined shall be notified to the inspector for the district by written instrument lodged with him by the owner or owners, and the boundary as so notified in compliance with the requirements of the notice shall, subject to any subsequent variation so determined and notified, be deemed for the purposes of this Act").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is a drafting Amendment. I beg to move.
Amendment moved—
Page 98, line 43, after ("with") insert ("the requirements of").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
Clause 166, as amended, agreed to.
Clause 167 [Provisions as to references upon notices served by inspectors]:
THE EARL OF SELKIRK: This Amendment allows for the fact that there may be two managers of a quarry. I beg to move.
Amendment moved—
Page 99, line 3, leave out from ("regulations") to ("being") in line 4 and insert ("by an inspector on the owner or manager of a mine or the owner or a manager of a quarry").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is a drafting Amendment. I beg to move.
Amendment moved—
Page 99, line 5, leave out ("in relation").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
3.42 p.m.
THE EARL OF SELKIRK: We now come to provisions for reference in any disagreement or when an owner wishes

817
to challenge a direction given by an inspector. In those circumstances, the matter stands referred to the arrangements provided here. The arrangements generally are similar to those which existed in the 1911 Act, but the manner in which they are selected is rather different. In view of this, perhaps I might explain what is proposed here. The first step is that the Minister selects panels who will be suitable, from their experience and, so far as possible, geographically, to examine any particular point which may arise. In the second place, the Minister, in consultation with the Lord Chancellor and the Lord President of the Court of Session, will nominate a selector. The third step will be that when a case arises it will be for the selector to decide which member of the appropriate panel is suitable in that particular case. The need for this procedure arises because the Minister is an interested party in every reference through his inspector. We hope, by this procedure, to obtain a completely independent selector and, secondly, to do it in a manner which will avoid any delay. Our experience has shown that this sort of procedure is very rare, and whilst we cannot anticipate what the future may hold we hope that this arrangement will be successful. I have really been speaking about all the remaining Amendments—with the exception of that of the noble Viscount, Lord Hall—to this clause: they hang together as one piece. I beg to move.
Amendment moved—
Page 99, line 13, leave out paragraphs (a), (b) and (c) and insert ("a person or persons selected by the nominated selector (as hereinafter defined) from amongst the members of that one of the panels of persons appointed by the Minister under this section which is appropriate to the circumstances of the ease:
Provided that, if the said selector is satisfied that special reasons exist which render it expedient for him to act as referee instead of a person or persons selected as aforesaid, he may direct that the notice shall stand referred to him.")—(The Earl of Selkirk.)
VISCOUNT HALL: We have been fully met in connection with this matter, which was discussed in another place, and we are quite happy with the present situation. Therefore, by leave of the House, I will not move my Amendment No. 331.
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is a consequential Amendment. I beg to move.
Amendment moved—
Page 99, line 30, leave out ("or") and insert ("and").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is also a consequential Amendment. I beg to move.
Amendment moved—
Page 100, line 16, after ("a") insert ("prohibition, restriction, or").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is a consequential Amendment. I beg to move.
Amendment moved—
Page 100, line 25, leave out from ("relates") to end of line 29 and insert ("neither prejudices nor is likely to prejudice the safety or health of any of the persons employed at the mine;").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This also is a consequential Amendment. I beg to move.
Amendment moved—
Page 101, line 6, leave out ("cost") and insert ("costs").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is the Amendment to which I spoke on Amendment number 330. I beg to move.
Amendment moved—
Page 101, line 15, at end insert—
("(9) The reference in subsection (2) of this section to the nominated selector shall be construed as referring to such person as may for the time being be nominated by the Minister, after consultation with the Lord Chancellor and the Lord President of the Court of Session, to discharge the duty of selecting referees to act upon references under this section.")—(The Earl of Selkirk.)
On Question, Amendment agreed to.
Clause 167, as amended, agreed to.
3.47 p.m.
THE PARLIAMENTARY UNDER-SECRETARY OF STATE FOR THE COLONIES (LORD LLOYD): As I have a statement to make I beg to move that the House do now resume.
Moved, That the House do now resume.—(Lord Lloyd.)
On Question, Motion agreed to, and House resumed accordingly.
LORD LLOYD: My Lords, with your Lordships' permission, I should like to make a statement similar to that being made at this time in another place by my right honourable friend the Secretary of State for the Colonies on some aspects of affairs in Cyprus. Since the statement made by my right honourable friend in another place on July 28, there has been a good deal of discussion about the affairs of the Colony both in this country and abroad. I should like to take this opportunity of making the position of Her Majesty's Government clear.
Questions have been asked recently about the sedition laws in Cyprus as they relate to the Press. No new law relating to sedition or the Press has been promulgated or announced in Cyprus recently. All that the Attorney-General of Cyprus did was to issue a statement drawing attention to the existing laws, and to the penalties on conviction by the courts for violations of them. These included the sections of the criminal law relating to publications with seditious intentions which have not been amended since 1949, and have in broad outline been in effect for much longer than that; also the Press law, which was last amended in 1947. Copies of these parts of the law of Cyprus and of the text of the Attorney-General's statement have been placed in the Printed Paper Office. The Attorney-General of Cyprus, on whom alone rests the responsibility for deciding whether proceedings should be instituted, has made it plain that no prosecutions would take place for the reproduction of articles printed or speeches made in this country, unless the publication was being made a pretext to incite to sedition or violence in Cyprus. As there has been some misunderstanding of the Attorney-General's statements of the law, I must recall that, in seeing the local Press, he emphasised that constructive criticism was welcomed, and he made it clear that he would approach each case in a broad-minded fashion. There have, in fact, been no prosecutions since his statement.
My right honourable friend has carefully examined the law of Cyprus relating to seditious offences. There is a provision, over twenty years old, which makes seditious an intention to bring about a change in the sovereignty of the
820
Colony. This was added to the preexisting law shortly after the serious troubles
which occurred in 1931. Apart from this, the law in Cyprus is similar to that in most other Colonial territories, and he sees no reason to take steps to have it repealed or amended. He has, however, invited the Governor to consider repeal of a provision in the Press law of 1947, which empowers the courts to order the suspension of newspapers convicted by the courts of seditious libel. This would mean that a person found guilty in Cyprus of a seditious offence connected with the Press would be liable only to fine or imprisonment, as is a person found guilty of sedition in this country. The effect of this would be to leave the Press in Cyprus liable only to penalties under the criminal law for seditious offences.
I turn now to some other questions. Noble Lords will know that the United Nations have acceded to a request by the Greek Government to inscribe the question of Cyprus on their agenda. I am not proposing to go into Her Majesty's Government's attitude towards this request, as this was described in a White Paper issued on Tuesday: but I must, however, repeat that British sovereignty over Cyprus was recognised by the Treaty of Lausanne in 1923 to which the Greek Government was a party. I must emphasise that Her Majesty's Government have to pay regard to the well-being and long-term interests of the whole population, and to the rights of minorities, as well as to strategic needs and the requirements of peace and stability in the Eastern Mediterranean. The agitation by certain Church leaders and by the Communists for Enosis must not be allowed to obscure the real achievements of British rule in Cyprus, especially since the war. Conditions in Cyprus certainly compare very favourably with those anywhere else in that part of the world. Constitutional progress has so far lagged behind economic, and the policy of Her Majesty's Government is to encourage political responsibility within the framework of the new Constitution which we have proposed as the first step towards internal self-government.
Agitation for a change of sovereignty can only hamper these efforts. We are determined to persevere with this new Constitution, and all responsible Cypriots

821
should now co-operate in making a success of this important move towards self-government. The Governor is still engaged in working out the detailed proposals, and I shall lay them before the House at the first opportunity. I repeat: these arrangements contemplate no change in the sovereignty of Cyprus. The question has been asked what is to be the ultimate goal of constitutional progress in Cyprus. Before an answer can be given the Cypriot people must first join with us in taking the first steps towards managing their own affairs. In the present troubled state of the world we cannot foresee a time when a relinquishment of our sovereignty over Cyprus would be compatible with our responsibilities for security in the Middle East. Neither my right honourable friend nor I have attempted to prophesy where constitutional development may ultimately lead, nor are we prepared to look into the distant future at a time when we still cannot see clearly the outcome of our fresh step towards constitutional advance.
VISCOUNT HALL: My Lords, we are grateful to the noble Lord for making this statement. Obviously we cannot discuss the matter now, but I would ask the noble Marquess the Leader of the House whether at some time in the future we may have an opportunity of discussing the situation in Cyprus. I think it is better it should be left in that way. May I, before I sit down, extend to the noble Lord, Lord Lloyd, my hearty congratulations upon his transfer to one of the old offices which I myself held? What is more interesting is that for the last nine months of his father's life I acted as his Under-Secretary at the Colonial Office. That was a very happy and close association, much closer than I expected it to be when I went into the office. Apart from the happenings to his father, it was a very happy association. I am sure that the noble Lord is going to maintain the reputation for good administration which his father held whilst he was the Colonial Secretary and whilst I was his Under-Secretary.
THE LORD PRESIDENT OF THE COUNCIL (THE MARQUESS OF SALISBURY): My Lords, the noble Viscount, Lord Hall, has asked about the possibilities of a debate on the subjects dealt
822
with in the statement just made by my noble friend. As he will, I think, be aware, we have in contemplation a debate on foreign affairs. It has for some time been our custom in this House to wait for a debate until one has taken place in another place. That has not yet happened. I suggest that the best plan would be for us to keep in touch with the Party of the noble Viscount opposite through the usual channels and fix a date as soon as we can for such a debate to take place. I do not know whether the noble Viscount was suggesting that a separate day should be set aside for a discussion on Cyprus, but I should have thought it would be better to include it in an ordinary foreign affairs debate. We are rather short of time, and I think we could cover the subject adequately in that way. If that is convenient to the noble Viscount, I hope we can have such a debate in the next fortnight or thereabouts.
VISCOUNT HALL: We are quite prepared to consider that suggestion, but I hope that this merging of the Colonial Office with the Foreign Office is not the thin end of the wedge.
THE MARQUESS OF SALISBURY: I should be the last person in the world to suggest that Cyprus is a Foreign Office matter, but the subject does arise over the Greek application, which your Lordships know of, to the United Nations. If it were thought more appropriate to have a separate debate, we would certainly consider that. If I have given any grounds for misapprehension, may I say that the last thing in the world I wish to suggest is that Cyprus is not strictly a British affair.
LORD SHEPHERD: My Lords, I should like to ask a question. In this statement it is stated that the British Government intend to proceed with the new Constitution that has been offered to the people of Cyprus. That Constitution, it is stated, is a forerunner of some Constitution that may follow later on when Cyprus is more ready for it. The question I should like to ask is rather important. Are early steps proposed for fresh conversations with the Archbishop, to see whether accommodation cannot be reached or co-operation secured in order to make this Constitution more workable in that island?
LORD LLOYD: My Lords, the noble Lord will appreciate that, as I said in the statement, at the moment not even the Constitution itself has finally been decided. Clearly, any conversations that may lead to the working of this Constitution would be considered. But I do not think at this stage he could expect me to say precisely who will be consulted. That is a matter which will have to be left till a little later on. The important thing, as we see it, is that the Constitution should come into force and that all those who are willing to work it should be approached, so that we can get the first step in Cyprus towards self-government, which we believe is very important.

THE DOCK STRIKE
THE EARL OF MUNSTER: My Lords, before the Committee resumes may I be permitted to make a brief statement on the docks issue which is being made by my right honourable friend the Minister of Labour this afternoon? It is as follows. Talks took place in the Ministry of Labour this morning with representatives of the National Amalgamated Stevedores and Dockers and of the Port Employers in London. Some progress was made, and certain proposals were formulated. The General Secretary of the National Amalgamated Stevedores and Dockers has taken these proposals to his Executive which meets this afternoon. I am not able to make any further statement at the present moment, but I will inform the House, if your Lordships' House is meeting, as soon as there is more to report.
LORD SHEPHERD: My Lords, I thank the noble Earl for that statement, which we hope will be the forerunner of other more pleasurable reports.

MINES AND QUARRIES BILL
4.0 p.m.
House again in Committee
Clause 168 [Power of Minister and inspector to grant exemptions for limited period from commencement of this Act]:
THE EARL OF SELKIRK: I do not think this Amendment is very much more than drafting This clause is essentially a temporary one. It is to meet the immediate case of many different mines in this country
which, for some good reason, find that their arrangements cannot at once meet the higher standards required under this Bill. Power is therefore given to the Minister or the inspector temporarily to suspend the new requirements so far as the particular pit is concerned. The clause shows specific reasons, one of which may be the shortness of life, why this is done. We think the wording that we suggest is better, for whilst it would always be "practicable" to require compliance with a particular provision it might not be right to do so. I beg to move.
Amendment moved—
Page 101, line 20, leave out ("be impracticable") and insert ("not be right").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
Clause 168, as amended, agreed to.
Clause 169 [Provisions as to orders, rules, &c.]:
LORD HAWKE: This is a fair-sized drafting operation. Perhaps I should say a word or two on it. These two Amendments hang together. The second half of subsection (1) of this clause has already been lifted into a new clause in Part X by, I think, Amendment No. 267. The balance deals with orders and rules. The second subsection deals with orders, rules and regulations and, therefore, we think it more appropriate that the remaining part, the two subsections, should be separated into two separate clauses. I beg to move.
Amendment moved—
Page 101, line 35, leave out from ("rule") to end of line 40.—(Lord Hawke.)
On Question, Amendment agreed to.
LORD HAWKE: This Amendment is consequential. I beg to move.
Amendment moved—
That Clause 169 be divided into two clauses, the first to consist of subsection (1); and the second to consist of subsection (2).—(Lord Hawke.)
On Question, Amendment agreed to.
Clause 169, as amended, agreed to.
Clause 170 [Mode of service of notices under this Act]:
LORD HAWKE: This is drafting. I beg to move.
Amendment moved—
Page 102, line 27, after ("sending") insert ("or lodging").—(Lord Hawke.)
On Question, Amendment agreed to.
Clause 170, as amended, agreed to.
Clause 171 [Provisions as to exemptions, &c.]:
THE EARL OF SELKIRK THE EARL OF SELKIRK moved to leave out Clause 171 and to insert the following new clause:
Provisions as to exemptions, &c.
".—(1) Any power conferred by this Act or regulations on the Minister or an inspector to grant, give or impose an exemption, consent, approval, authority, direction, requirement, prohibition or restriction or to make a determination shall be construed as including a power exercisable in the like manner and subject to the like conditions, if any, to vary or revoke the exemption, consent, approval, authority, direction, requirement, prohibition, restriction or determination.
(2) Any exemption, consent, approval or authority granted or given under this Act or regulations by the Minister or an inspector may (subject to any express provision of this Act or regulations) he without limit of period or limited so as to expire on a specified date unless renewed, and may be absolute or conditional."
The noble Earl said: This is pure law. If your Lordships want me to explain it I will, but I do not think it is really more than the mechanism of the Bill. I beg to move.
Amendment moved—
Leave out Clause 171 and insert the said new clause.—(The Earl of Selkirk.)
On Question, Amendment agreed to.
Clauses 172 to 174 agreed to.
Clause 175 [Meaning of "mine" and "quarry"]:
THE EARL OF SELKIRK: If it is convenient to your Lordships I should like to explain Amendments Nos. 342 and 343
826
together. The first involves a slight variation in the meaning of "mine" and "quarry." There are some occasions when a quarry owner makes a tunnel as a passage through which to draw the products of his quarry. We do not want to bring such things into the meaning of a "mine," and accordingly we put in the words
"the mine is confined to places where persons are employed underground wholly or substantially for the purpose of getting minerals."
Where there is a communication tunnel, we do not wish that that should cease thereby to be a quarry. The test is whether the method of getting the minerals is the reason for sending the people underground.
The next Amendment slightly extends the definition of "quarry" to include exploratory excavations made for the purpose of getting minerals. Minerals may be actually obtained in the exploratory excavations, but we think that they should be classified as a quarry. There appears to have been some doubt in the recent case of a certain opencast mine. The third point is a very special one, dealing with brine wells. These consist of a well with a pumping machine at the bottom, and sometimes a bore-hole is sunk from the bottom of the well. Normally, men go down only very rarely, at long intervals, for the purpose of maintenance. I beg to move.
Amendment moved—
Page 103, line 4, leave out from ("getting") to end of line 6 and insert ("wholly or substantially by means involving the employment of persons below ground of minerals (whether in their natural state or in solution or suspension) or products of minerals").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: I have already spoken on this Amendment. I beg to move.
Amendment moved—
Page 103, leave out lines 8 to 10 and insert ("or system of excavations made for the purpose of, or in connection with, the getting of minerals (whether in their natural state or in solution or suspension) or products of minerals, being neither e mine nor merely a well or bore-hole or a well and bore-hole combined.")—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is a slight extension of the word "minerals," to include products thereof gotten from

827
a mine or quarry. The idea is that it may possibly include underground classification of mines at some future time. I beg to move.
Amendment moved—
Page 103, line 29, leave out ("gotten there-from") and insert ("or products thereof gotten from the quarry").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
VISCOUNT FURNESS VISCOUNT FURNESS moved to leave out subsection (4) and insert instead:
"(4) For the purposes of this Act, premises for the time being used for depositing refuse from a single mine or quarry, being premises exclusively occupied by the owner of that mine or quarry, shall be deemed to form part of that mine or quarry, and premises for the time being used for depositing refuse from two or more mines or quarries, being premises occupied by the owner of one of those mines or quarries (either exclusively or jointly with the owner of the other or any of the others) shall be deemed to form part of such one of those mines or quarries as the Minister may direct."
The noble Viscount said: Subsection (4) at present provides that any deposit of refuse from a mine or quarry, and the premises used for it, shall be deemed to form part of that mine or quarry. That provision is suitable in most cases, but it sometimes happens that refuse from a mine or quarry is tipped on to a heap on land occupied by some person other than the owner of the mine or quarry—perhaps by a local authority. When that is the case, confusion and difficulty would result from deeming the site to form part of the mine or quarry, particularly as regards the responsibility under the Bill of the owner of the mine or quarry for the acts of the other person's workmen over whom he would have no control. This Amendment is intended to deal with the point by limiting the provision to refuse heaps which are on premises exclusively occupied by the owner of a mine or quarry. I beg to move.
Amendment moved—
Page 103, line 36, leave out subsection (4), and insert the said new subseetion.— (Viscount Furness.)
LORD HAWKE: We think that the noble Viscount has found another flaw in the Bill. We have pleasure in accepting his Amendment.
On Question, Amendment agreed to.
Clause 175, as amended, agreed to.
Clause 176 [Meaning of "owner"]:
THE EARL OF SELKIRK THE EARL OF SELKIRK moved to leave out Clause 176 and insert the following new clause:
Meaning of "owner."
.—(1) Subject to the provisions of this section, in this Act the expression "owner" means, in relation to a mine or quarry, the person for the time being entitled to work it.
(2) Where the working of a quarry is wholly carried out by a contractor on behalf of the person entitled to work it, the contractor shall, to the exclusion of that person, be taken for the purposes of this Act to be the owner of the quarry.
(3) Where two or more persons are entitled to work a quarry independently, that one of those persons who is the licensor of the others shall, to the exclusion of the others, be taken for the purposes of this Act to be the owner of the quarry.
(4) Where the business of a person who, by virtue of the foregoing provisions of this section is, for the purposes of this Act, to be taken to be owner of a mine or quarry is carried on by a liquidator, receiver or manager, or by some other person authorised to carry it on by an order of a court of competent jurisdiction, the liquidator, receiver, manager or other person shall be taken for the purposes of this Act to be an additional owner of the mine or quarry.
(5) This section shall, in its application to Scotland, have effect as if, for subsection (3), there were substituted the following subsection:—
"(3) Where two or more persons are entitled to work a quarry independently, and one of them has granted the right so to do to the other or others, that one shall, to the exclusion of the other or others, be taken for the purposes of this Act to be the owner of the quarry ".
The noble Earl said: This new clause is a definition of the meaning of "owner." The reason, of course, why this is necessary is because the word "owner" is used throughout this Bill in a sense in which many would understand "tenant." In many cases a mine is held or worked under a lease rather than by actual proprietorship. The only point here is that the owner of a mine is the person entitled to work it. As I say, that might be as the holder of a lease on that account, although, of course, it must be an exclusive lease. Where, in the case of a quarry, two people are entitled to work it, then whichever of them is the licensor of the other shall be the owner. This arises sometimes in the case of quarries. The only other point is subsection (4) deals with cases where a liquidator or receiver is appointed. In such cases such persons are

829
regarded as additional owners of the mine as well as the one already existing in law. I would point out that subsection (5) includes an application to Scotland which has been amended for drafting purposes this morning. I beg to move.
Amendment moved—
Leave out Clause 176 and insert the said new clause.
On Question, Amendment agreed to.
Clause 177:
General interpretation provisions
177.—(1) In this Act, unless the context otherwise requires the following expressions have the meanings hereby respectively assigned to them, that is to say—
"bodily injury" includes injury to health;
THE EARL OF SELKIRK: The words "bodily injury" are now used in only two cases in this Bill, and in both cases the meaning is clear. Therefore I beg to move this Amendment.
Amendment moved—
Page 104, line 26, leave out line 26.—(The Earl of Selkirk.)
VISCOUNT HALL: I wish I could see this as clearly as the noble Earl does. My friends and I are wondering why, again at this late stage in the Bill, an Amendment to which we apply a great deal of importance should be moved. I know the difficulty in regard to definitions, but here we are dealing with one of the most sensitive things in connection with the mining industry—namely, accidents, sickness and other ailments. What I was hoping would be possible—and I make this plea to the noble Earl—was to leave this matter so that there could be discussions between myself and some of my noble friends with the noble Earl and someone from the Ministry, so that we could go fully into this matter. Otherwise, we shall have to deal with the question: How are you going to define all the industrial diseases to which miners are subject, and indeed from which they suffer from time to time? I should infinitely prefer discussing it as I have already suggested, rather than debating it here this afternoon. Perhaps I may put that suggestion to the noble Earl, to hear his reaction.
THE EARL OF SELKIRK: I will certainly go into this if there is the slightest doubt or anxiety, but I am bound to confess that I thought there was none. The words "bodily injury" appear, I believe, in only two places in this Bill. They appear in Clause 36, which deals with transport—and I do not think that has much to do with disease—and they appear in Clause 91 in regard to first aid, where it specifically refers to persons who "suffer bodily injury or become ill." So clearly it is intended to include all possible forms of ailment. As we have the benefit of the presence of the noble Lord, Lord Haden-Guest, perhaps he will tell us whether he thinks the phrase "bodily injury" includes injury to health as well as to body. I think it should.
LORD HADEN-GUEST: I think that there is no doubt that it does. But I do feel that there is some obscurity about the wording, and as this is a very complicated matter it seems to me that the best course would be to have a discussion, as suggested by my noble friend.
THE EARL OF SELKIRK: I shall be delighted to do that. I will withdraw the Amendment.
Amendment, by leave, withdrawn.
THE EARL OF SELKIRK: This wording is no longer necessary. I beg to move.
Amendment moved—
Page 104, line 29, leave out lines 29 and 30.—(The Earl of Selkirk.)
On Question, Amendment agreed to.
LORD HAWKE: We have amended the contravention clause, Clause 150; therefore we have to amend this clause to conform to it. I beg to move.
Amendment moved—
Page 104, line 31, leave out from ("to") to ("and") in line 35 and insert—
("(a) a provision of this Act, of an order made thereunder or of regulations; or
(b) a direction, prohibition, restriction or requirement given or imposed by a notice served under or by virtue of this Act by an inspector; or
(c) a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by the Minister or an inspector;
a failure to comply with the provision, direction, prohibition, restriction, requirement or condition,").—(Lord Hawke.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is a drafting Amendment, to remove ambiguity. I beg to move.
Amendment moved—
Page 105, leave out lines 6 and 7 and insert ("sole or main purpose of the driving or excavation of which is the getting of minerals or products of minerals").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
LORD HAWKE: This is drafting. I beg to move.
Amendment moved—
Page 105, line 30, leave out from ("lights") to end of line 31 and insert ("means, in relation to a mine or a part of a mine, locked safety-lamps and any other means of lighting the use of which below ground in mines generally, in mines of a class to which that mine belongs or in that mine is authorised by regulations;").—(Lord Hawke.)
On Question, Amendment agreed to.
4.16 p.m.
THE EARL OF SELKIRK: This is a drafting Amendment, because this particular wording has been transferred from Clause 66. I beg to move.
Amendment moved—
Page 106, line 4, at end insert—
("'safety-lamp mine' means a mine in no part of which below ground is the use of lamps or lights other than permitted lights lawful;
'safety-lamp part of a mine' means a part of a mine other than a safety-lamp mine, being a part below ground in which either the use of lamps or lights other than permitted lights is unlawful or safety-lamps are for the time being in use by way of temporary precaution;").—(The Earl of Selkirk.)
VISCOUNT HALL: We are not going to oppose this Amendment, but we are very unhappy about the second part of it. We do not like the words "safety-lamp part of a mine, "and I am sure the National Coal Board and the colliery officials are not very happy about it. There must be few of these mines in existence at the present time, and I say, the fewer the better. I think there is some prospect of this "safety part mines" coming to an end, and I should like to ask the noble Earl whether he can give me an assurance that the provision already made in the Bill to deal with that matter will be strictly carried out. Some of us have had experience in what are called "safety part mines." It is impossible to guarantee safety under such conditions. I well remember an
832
incident when safety-lamps were introduced into one mine which would be regarded as a safety part mine, and very soon (I am not going to apportion blame at all) we had an explosion there and twelve men were killed. That took place close to my home. We feel most strongly about this matter. We should like to see these safety-lamp part mines, not being closed down, but being treated as safety-lamp mines for the rest of their working lives. I should like to hear what the noble Earl has to say in connection with the length of time that these mines are likely to exist.
THE EARL OF SELKIRK: I am glad that the noble Viscount has raised that point, as he is in some doubt about it. I think I can say that his views are shared both by the Minister and by the National Coal
Board. They would like to see all mixed mines abolished, so that there will be no confusion, and when a man goes down below ground he will know whether he is or is not allowed to carry matches, or whether he should use a safety-lamp or not. That should be clearly laid down. I should like to draw attention to Clause 62 which, in various places, deals particularly with permitted lights. This is entirely new; it is one of the important steps forward. The inspector may grant a licence for a mine to be in part safety-lamp or in part not safety-lamp; but I would draw attention to the proviso at line seven, page 42, which says:
"Provided that no exemption from the said provisions of a part of a mine of coal shall be granted after the expiration of the period of four years beginning with the commencement of this Act or shall be granted or renewed before the expiration of that period otherwise than so as to expire not later than the expiration of that period."
I think that is as definite an answer as anyone can get, because there is no exemption, and I think that after four years they will be finished completely. I imagine that the chief inspector will gradually tighten up his regulations every year, so that by the end there will be no mixed mines at all. We shall all be glad when that happens.
VISCOUNT HALL: I am grateful to the noble Earl for making this matter so clear and so categorical, and I hope that his suggestion will be carried out.
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is a drafting Amendment. I beg to move.
Amendment moved—
Page 106, line 10, at end insert ("'statutory responsibilities' means responsibilities under this Act, orders made thereunder and regulations;").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
LORD HAWKE: This Amendment is for clarification. I beg to move.
Amendment moved—
Page 106, line 21, after ("a") insert ("mine").—(Lord Hawke.)
On Question, Amendment agreed to.
LORD MACDONALD OF GWAENYSGOR LORD MACDONALD OF GWAENYSGOR moved to add to subsection (1):
"'working place' means in relation to section fifty-one of this Act, the place at which the workman is actually working;".
The noble Lord said: This is rather an important matter to those engaged in the coal industry. We have had it before us many times before and I feel it is as well to have as clear a definition as possible. I need not go far into technicalities, but coal faces can be from 50 to 100 yards long and a man may be working anywhere within that distance. We feel that the actual place at the coal face where he is working is his working place. There have been times when it was considered that the entrance into the face was the working place for everybody on that face. A man may be 50 to 100 yards from the gateway, and supports which
he needs may be at the gateway all that distance from him. For that reason we are anxious that the actual place at which he is working on the face shall be legally defined as the working place. I cannot think there can be much objection to this proposal, because, after all, that is where the man is working, and not 50 yards lower down. If he needs supports he must find them, and to go down a considerable distance and back again means loss of time to a man working on piece rates. The miner considers that the time involved should be the responsibility of the colliery management. It is for them to see that he has not to waste time going in search of supports.
This is the last Amendment we have on the Committee stage and it affords an opportunity for me to say how much we admire and appreciate the services rendered by both noble Lords opposite.
834
They have shown wonderful knowledge of a very difficult industry. My noble friend Lord Hall and I have spent many years in the industry and are familiar with every aspect of it, but we find men opposite who do not know the industry to the same extent yet who show remarkable and detailed knowledge. We appreciate very much the way in which they have piloted this Bill through Committee stage in your Lordships' House.
Amendment moved—
Page 106, line 25, at end insert the said words.—(Lord Macdonald of Gwaenysgor.)
VISCOUNT HALL: My Lords, may I before the noble Earl speaks, join my noble friend in expressing my thanks to the noble Earl and the noble Lord, Lord Hawke? It is very remarkable that we should get through no fewer than 355 Amendments to this Bill in so short a time. It is only as a result of the understanding and, indeed, the clarity which noble Lords opposite have displayed in dealing with this Bill. I believe it is going to be a monumental Bill. It is 42 years since we last had such a comprehensive Bill dealing with the mining industry. During the whole of that period I have been in almost all the controversies in the industry, and I am absolutely convinced that but for the fact that the industry is controlled and owned as it is at the present time, a Bill of this kind would not have gone through both Houses as easily as it has. I should like to say, both to the National Coal Board and to the officials and workmen, that it is no use legislating unless the provisions of the legislation are acted upon. This Bill when it becomes an Act will throw tremendous responsibility upon everyone connected with the mining industry. In addition, it will cost a tremendous amount of money to put all its provisions into operation. But I am convinced that everyone concerned with the safety of the men engaged in the production of this very valuable commodity will bend their energies to make full use of what I regard as an excellent Bill dealing with mining difficulties.
THE EARL OF SELKIRK: May I thank noble Lords opposite most warmly for what they have been kind enough to say, and not only to thank for what they have said but for being so extremely reasonable in helping us. Mining has a language almost all its own, and the fact that we have not been "hauled over the coals"

835
for saying something absolutely appalling is perhaps due to their generosity of spirit rather than to lack of errors on our part. I agree it is to a large extent an opportunity for Parliamentary co-operation and we have much reason to be proud of the way the Bill has passed through Committee stage.
The noble Lord spoke of the implementation of the Bill. I will turn to that, as there are a number of technical clauses. The drafting of the regulations will be a stupendous and heavy task. May I revert to the subject of this particular Amendment? I am glad the noble Lord has raised this point, if he had any anxiety about what was really in the Bill, for we have tried very hard to improve on what I believe were words which gave some difficulty in the 1911 Act. The wording on this particular provision on the supply of props and bars in the 1911 Act is "every working place," and I understand there has been some difficulty about that, so we have gone quite a lot further. I absolutely agree with what the noble Lord says, that it is of the utmost importance to safety that no one should be tempted to go on working at the coal face without putting in supports immediately to give him protection. Anyone who is tempted to do that is tempted to do something dangerous to himself and to his fellows. We consider this to be important. We have said it should be the duty of the manager of every mine to secure that a sufficient supply of suitable material for supports is at all times readily available in his working place to each workman who needs them. The commonsense reading of that provision is that those supports should be at hand, not at the end of a one hundred yards long coal face. Frankly, the Amendment which the noble Lord has put down has not really added much.
The question is, are the words "working place" nearer to our meaning than "the place at which the workman is actually working"? I think we have our meaning perfectly clear and I suggest the remainder is an administrative problem for the manager and his organisation. In Clause 51 there is an immediate sanction at hand; if a workman has not got supports readily available he can retire at once. That, I am sure noble Lords will agree, is the right thing to do. Moreover there can be a prosecution by the inspector,
836
which I hope will not be necessary. I should like the noble Lord before pressing his Amendment to consider whether in this we have not a perfectly clear picture and whether by putting in redundant words, instead of clarifying, you may not tend to obscure. For those reasons, while appreciating the importance of this point I should be grateful if the noble Lord could see his way to withdraw his Amendment.
LORD MACDONALD OF GWAENYSGOR: What causes us to hesitate were the words of the Minister himself in another place on May 11. I am advised that it can be accepted for the purpose of Clause 51 that "working place" means the place at which workmen actually work. On the other hand there are the words of the Minister when dealing with the definition of "working place" generally in relation to this Bill. He said: "If the honourable gentleman will withdraw his Amendment I will undertake to do that on Report stage." That is the undertaking given by the Minister himself in another place. What we cannot quite understand, and what is troubling some of my friends outside the House, is why he did not carry out so definite a pledge. I do not know whether the noble Earl can help us upon that point.
THE EARL OF SELKIRK: I had not looked at that particular reference. I understood that the Minister had said that he would consider this at the Report stage.
LORD MACDONALD OF GWAENYSGOR: He said: "I will undertake to do that on the Report stage."
THE EARL OF SELKIRK: I understood him to say he would consider that on the Report stage. As I understand it, he has done so and does not think it is possible to put in anything more definite. I ask the noble Lord to reflect whether it is possible to have anything more definite than:
"readily available for use in his working place to each workman …"
I think the position is that the Minister does not consider it possible from a statutory point of view to go further than that. After all, this is an administrative problem. It is impossible to administer a mine by Statute. I think the intention is abundantly clear.
LORD MACDONALD OF GWAENYSGOR: Perhaps the best thing for me to do at the moment is to withdraw my Amendment, it being understood that I may reinsert it at the Report stage. I beg to withdraw the Amendment.
Amendment, by leave, withdrawn.
LORD HAWKE: This is another of those Amendments which started with Number 4. They are designed to make it possible to start digging foundations without the presence of a qualified manager. I beg to move.
Amendment moved—
Page 106, line 32, leave out lines 32 to 38 and insert—
("(a) the working of a mine shall be deemed to include the operation of driving a shaft or outlet therefor;
(b) the working of a quarry shall be deemed to include the operation of removing overburden thereat;").—(Lord Hawke.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: Subsection (3) (c) says that a mine is still being worked so long as operations are carried on with a view to abandoning it, but shall not be deemed to be worked because pumping is carried on for the purpose of supplying water to a statutory undertaking. We see no reason for confining the supply of water in this sense to a statutory undertaking. It might be supplied to anyone, but that still would not make it a working pit. I think that is a fair interpretation. Accordingly I beg to move this Amendment.
Amendment moved—
Page 107, line 1, leave out from ("to") to end of line 4 and insert ("any person").— (The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is a drafting Amendment. I beg to move.
Amendment moved—
Page 107, line 4, at end insert—
("( ) References in this Act to the use of safety-lamps by way of temporary precaution shall, in relation to a mine, be construed as references to the occasional or intermittent use of locked safety-lamps by workmen employed below ground in the mine in a place in which the use of naked lights might be dangerous and, in relation to a part of a mine below ground, be construed as references to the occasional or intermittent use of locked safety-lamps by workmen employed in that part in such a place.")—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This Amendment is pure law. It removes any doubt that any other Act referred to means that Act as amended to date. I beg to move.
Amendment moved—
Page 107, line 4, at end insert—
("( ) References in this Act to any other enactment shall be construed as references to that enactment as amended, extended or applied by or under any subsequent enactment including, except where the context otherwise requires, this Act").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
Clause 177, as amended, agreed to.
Clause 178 agreed to.
Clause 179 [Relationship of Factories Acts and this Act in the case of certain premises]:
THE EARL OF SELKIRK: This is drafting. I beg to move.
Amendment moved—
Page 107, line 39, at end insert ("such").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is drafting also. I beg to move.
Amendment moved—
Page 108, line 24, after ("factory") insert ("within the meaning of the Factories Acts, 1937 and 1948 ").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
Clause 179, as amended, agreed to.
Clauses 180 and 181 agreed to.
Clause 182 [Application of Part XIV of this Act to enactments relating to check-weighing and hours of work below ground]:
THE EARL OF SELKIRK: This Amendment is really pure law, and it picks up certain unrepealed parts of older Acts. All it does is to ensure that the manager, as defined in this Bill, shall include anyone who is an acting or temporary manager, under Clause 107 of the Bill. I beg to move.
Amendment moved—
Leave out Clause 182 end insert the following new clause:
Application of Part XIV of this Act to enactments relating to check weighing and hours of work below ground.
".—(1) The provisions of Part XIV of this Act shall have effect as if the provisions of the Coal Mines Regulation Act, 1887, the

839
Coal Mines (Check Weigher) Act, 1894, and the Coal Mines (Weighing of Minerals) Act, 1905 (which relate to check weighing), and of the Coal Mines Regulation Act, 1908 (which relates to hours of work below ground), were included in this Act.
(2) Expressions used in the provisions of the said Acts to which meanings are assigned by this Act for the purposes thereof shall have those meanings for the purposes of the said provisions, and a person who is for the time being treated for the purposes of this Act as the manager of a mine shall also be treated for the purposes of the said Act of 1908 as the manager of that mine."—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This new clause gives effect to the minor and consequential Amendments to older Acts made in the new Fourth Schedule, which your Lordships will see at Amendment No. 399. I beg to move.
Amendment moved—
After Clause 182, insert the following new clause:
Minor and consequential amendments of other enactments
". The enactments specified in the Schedule to this Act (Minor and Consequential Amendments of Enactments) shall have effect subject to the amendments respectively specified in relation thereto in that Schedule (being minor amendments and amendments consequential on the provisions of this Act)."—(The Earl of Selkirk.)
On Question, Amendment agreed to.
Clause 183 agreed to.
Clause 184 [Power of Minister to provide for continuance of certain regulations and enactments]:
THE EARL OF SELKIRK: This Amendment is really declaratory, to say that there is no power to make regulations, or, indeed, to re-enact existing regulations, under this clause, except under powers that already exist for making regulations under Clause 140. I beg to move.
Amendment moved—
Page 109, line 17, after ("re-enact") insert ("(to the extent to which they could, by virtue of this Act, be enacted in regulations made under section one hundred and forty thereof)").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: The next Amendment is drafting. I beg to move.
Amendment moved—
Page 109, line 19, leave out from ("1911") to ("or") in line 21.—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This again is pure law, and I believe that what the subsection says is that exceptions can still be re-enacted although they are exceptions from regulations by requirements which, under this Bill, have been slightly varied from the original text. I beg to move.
Amendment moved—
Page 109, line 40, at end insert—
("(3) For the avoidance of doubt it is hereby declared that the power conferred by subsection(1) of this section extends, in a case where provision is made by this Act for the granting by regulations of exemptions from an enactment contained therein (being an enactment which re-enacts, with or without modifications, a provision of a regulation having effect by virtue of section eighty-six of the Coal Mines Act, 1911, or of an enactment repealed by the last foregoing section), to the re-enactment, by way of exemption from the first-mentioned enactment (but not to a greater extent than is authorised by this Act), of any exception or exemption subject to which the provision re-enacted had effect,").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
Clause 184, as amended, agreed to.
Clause 185 [General Savings]:
THE EARL OF SELKIRK: These are all very complicated saving clauses enabling certain specific regulations and orders to be continued in spite of repeals. Paragraph (b) is drafting; paragraph (c) says that notification of accidents shall continue; paragraph (d) saves existing support rules which continue in force. I beg to move.
Amendment moved—
Page 109, line 44, leave out paragraphs (b) and (c) and insert—
("(b) any rule made by the Mining Qualifications Board constituted under the Coal Mines Act. 1911;
(c) any order with respect to fees, notification of accidents or the manner in which persons are to be searched, being an order made under an enactment repealed by this Act or by the said Act of 1911;
(d) any rule made under section fifty of the said Act of 1911; or ").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is drafting. I beg to move.
Amendment moved—
Page 110, line5, leave out ("any such enactment") and insert ("an enactment repealed by this Act").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: I think I can move the next five Amendments together, as they are all drafting. I beg to move.
Amendments moved—
Page 110, line 10, leave out ("the corresponding provision of")
Page 110, line 11, after ("been") insert ("so")
Page 110, line 11, leave out ("under that corresponding provision")
Page 110, line 17, leave out ("the corresponding provision of")
Page 110, line 18, leave out ("made under that corresponding prevision") and insert ("so made").—(The Earl of Selkirk.)
On Question, Amendments agreed to.
THE EARL OF SELKIRK: This Amendment is to ensure that any inquiry under Section 11 of the Coal Mines Act, 1911, into the fitness of any person to hold a certificate of competency, or any formal investigation of an accident, can continue when this Act comes into force and the 1911 Act is repealed. I beg to move.
Amendment moved—
Page 110, line 22, at end insert—
("( ) Any inquiry or formal investigation under section eleven or eighty-three of the Coal Mines Act, 1911, which is uncompleted at the commencement of this Act may be carried on and completed in all respects as if this Act had not passed.")—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is a drafting Amendment. I beg to move.
Amendment moved—
Page 110, line 23, leave out ("appointed to an office") and insert ("holding office or acting or acting or serving'').—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This Amendment is also drafting. I beg to move.
Amendment moved—
Page 110, line 24, leave out ("be deemed to have been appointed to that office") and insert ("continue to hold office or to act or serve as if he had been appointed").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
4.41 p.m.
THE EARL OF SELKIRK: The Amendment covers the possibility of an offence continuing at the moment when this Act is repealed. We think it is necessary to put in this subsection on the
842
Rating and Valuation (Apportionment) Act. As the noble Viscount, Lord Furness, has withdrawn his Amendment, I will not explain the reason why it is necessary. I beg to move.
Amendment moved—
Page 110, line 30, leave out subsection(6) and insert—
("( ) Nothing in this Act shall affect the definition of 'mine' for the purposes of the Rating and Valuation (Apportionment) Act, 1928.")—(The Earl of Selkirk.)
On Question, Amendment agreed to.
Clause 185, as amended, agreed to.
Clause 186 [Saving for persons managing certain small mines at commencement of this Act]:
LORD HAWKE: This Amendment and the next put right a small defect in the Bill. At present mines of coal, stratified ironstone, shale or fireclay require to have a certificated manager only when they employ more than thirty men underground. In this Bill we introduce another class of mine, that which employs between fourteen and thirty men underground, and the manager of such a mine must have a second-class certificate. This is a new requirement, which means that there are now in existence mines of this size which are being perfectly adequately managed by men who have no certificate. This clause allows these men to go on managing. But a great number of these mines are little affairs which are soon worked out, and it often happens that the labour force and the manager move round the corner somewhere and start up another one. Under the Bill as it stands, a manager would not be allowed to do so. The effect of these two Amendments is that the man who is managing one of these second-class mines, if I may so call them, will be able not only to go on doing that but to go to another second-class mine. I beg to move.
Amendment moved—
Page 110, line 44, after ("mine") insert ("of coal, stratified ironstone, shale or fireclay").—(Lord Hawke.)
On Question, Amendment agreed to.
LORD HAWKE: This Amendment is consequential. I beg to move.
Amendment moved—
Page 111, line 1, after ("may") insert ("be manager of that mine or another mine of coal, stratified ironstone, shale or fireclay").—(Lord Hawke.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is a drafting Amendment. I beg to move.
Amendment moved—
Page 111 line 3, leave out ("notice") and insert ("direction").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
LORD HAWKE: This Amendment is consequential on Nos. 380 and 381. I beg to move.
Amendment moved—
Page 111, line 5, leave out ("be manager of the mine").—(Lord Hawke.)
On Question, Amendment agreed to.
Clause 186, as amended, agreed to.
Remaining clauses agreed to.
First Schedule [Public inquiry into accident]:
THE EARL OF SELKIRK: This Amendment is moved for clarification. I beg to move.
Amendment moved—
Page 112, line 11, leave out ("he") and insert ("the Minister").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is a new form of summons. I am told that the other form is obsolete. I beg to move.
Amendment moved—
Page 112, line 23, leave out paragraphs (b) and (c) and insert—
("(b) by summons signed by the court to require any person to attend, at such time and place as is specified in the summons, to give evidence or produce any documents in his custody or under his control which the court considers it necessary for the purposes of the inquiry to examine").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This, too, is a new approved form of words. I beg to move.
Amendment moved—
Page 112, line 35, leave out paragraph (e) and insert—
("( ) to take evidence on oath, and for that purpose to administer oaths, or, instead of administering an oath, to require the person examined to make and subscribe a declaration of the truth of the matter respecting which he is examined").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This paragraph is transferred to Clause 121. I beg to move.
Amendment moved—
Page 113, line 28, leave out Paragraph 9.—(The Earl of Selkirk.)
On Question, Amendment agreed to.
First Schedule, as amended, agreed to.
Second Schedule [Procedure for making regulations]:
THE EARL OF SELKIRK: This is a drafting Amendment. I beg to move.
Amendment moved—
Page 114, line 23, leave out ("may") and insert ("he shall").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This paragraph is transferred from a different place in the Schedule. I beg to move.
Amendment moved—
Page 116, line 39, at end insert—
("16. There may be paid by the Minister to the person or persons holding the inquiry such remuneration and allowances as may be fixed by the Lord Chancellor with the approval of the Treasury").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is a drafting Amendment. I beg to move.
Amendment moved—
Page 116, line 43, leave out the last ("or") and insert ("and").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This Amendment is also drafting. I beg to move.
Amendment moved—
Page 117, line 5, after the first ("The") insert ("evidence of the"). —(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is a drafting Amendment. I beg to move.
Amendment moved—
Page 117, line 7, leave out ("examined on oath") and insert ("taken on oath, and for that purpose the said person may administer oaths").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This paragraph is transferred to another place in the Schedule. I beg to move.
Amendment moved—
Page 117, line 24, leave out Paragraph 21.—(The Earl of Selkirk.)
On Question, Amendment agreed to.
Second Schedule, as amended, agreed to.
Third Schedule [Inquiries into fitness of holders of certificates and delivery up and custody of certificates in connection with prosecutions and inquiries]:
THE EARL OF SELKIRK: This is a drafting Amendment. I beg to move.
Amendment moved—
Page 118, line 12, leave out second ("or") and insert ("and").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is again the new form of summons. I beg to move.
Amendment moved—
Page 118, line 22, leave out paragraphs (b) and (c) and insert—
("(b) by summons signed by the tribunal to require any person to attend, at such time and place as is specified in the summons, to give evidence or to produce any documents in his custody or under his control which the tribunal considers it necessary for the purposes of the inquiry to examine;").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This again is the new form. I beg to move.
Amendment moved—
Page 118, line 35, leave out paragraph (e) and insert—
("( ) to take evidence on oath, and for that purpose to administer oaths, or, instead of administering an oath, to require the person examined to make and subscribe a declaration of the truth of the matter respecting which he is examined;").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is another drafting Amendment. I beg to move the Amendment.
Amendment moved—
Page 118, line 49, after the first ("the") insert ("payment of the").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is like-wise a drafting Amendment. I beg to move.
Amendment moved—
Page 118, line 50, leave out ("party") and insert ("person").—(The Earl of Selkirk.)
On Question, Amendment agreed to.
THE EARL OF SELKIRK: This is another drafting Amendment. I beg to move.
Amendment moved—
Page 119, line 38, leave out ("cancel or suspend a certificate they") and insert "cancels or suspends a certificate it").— (The Earl of Selkirk.)
On Question, Amendment agreed to.
Third schedule, as amended, agreed to.
THE EARL OF SELKIN THE EARL OF SELKIN moved, after the Third Schedule, to insert the following new Schedule:

FOURTH SCHEDULE

  MINOR AND CONSEQUENTIAL AMENDMENTS OF ENACTMENTS
  The Coal Mines Regulation Act, 1887
  50 & 51 Vict. c. 58
  In sections twelve and thirteen (which relate, respectively to the payment of persons employed in mines by weight, and to the appointment of check weighers on their behalf) the word "agent", wherever it occurs, shall be omitted.
  The Coal Mines (Check Weigher) Act, 1894
  57 & 58 Vict. c. 52
  In section one (which penalises interference with the office of check weigher), the word "agent", wherever it occurs, shall be omitted.
  The Coal Mines (Weighing of Minerals) Act, 1905
  5 Edw. 7. c. 9
  In subsection (2) of section one (which relates to evidence of the appointment of check weighers) the word "agent" shall be omitted.
  The Coal Mines Regulation Act, 1908
  8 Edw. 7. c. 57
  In sections one, two, three, five and six (which impose limits on the hours of work below ground in mines of coal, stratified ironstone, shale and fireclay and provide for ancillary matters) the words "owner, agent or", wherever they occur, shall be omitted, and in subsection (7) of section one the words "fireman, examiner or", in both places where they occur, shall be omitted.
  The Education Act, 1918
  8 & 9 Geo. 5. c. 39
  For paragraphs (b) and (c) of section fourteen (which prohibits the employment of children in factories, mines and quarries in England and Wales) there shall be substituted the following paragraph—
  "(b) at any mine or quarry within the meaning of the Mines and Quarries Act,1954;".
  The Education (Scotland) Act, 1918
  8 & 9 Geo. 5. c. 48
  For paragraphs (b) and (c) of section seventeen (which prohibits the employment of children in factories, mines and quarries in Scotland) there shall be substituted the following paragraph—
  "(b) at any mine or quarry within the meaning of the Mines and Quarries Act, 1954;".
  The Mining Industry Act, 1920
  10 & 11 Geo. 5. c. 50
  In subsection (3) of section eighteen (which relates to the making of drainage schemes with respects to groups of mines) for the words "The provisions of sections eighty-six and one hundred and seventeen of, and Part I of the Second Schedule to, the Coal Mines Act, 1911, which relate to general regulations shall apply with the necessary modifications to schemes under this section" there shall be substituted the words "The provisions of Parts I and III of the Second Schedule to the Mines and Quarries Act, 1954, shall, with the necessary modifications, have effect with respect to the procedure for making a scheme under this section as they have effect with respect to the procedure for making general regulations under that Act, and the power conferred by this section to make a scheme shall be construed as including power (exercisable in the like manner and subject to the like conditions) to revoke or vary the scheme".
  References in the said section eighteen to owners of mines shall be construed in like manner as if they were contained in this Act.
  The Employment of Women, Young Persons and Children Act, 1920
  10 & 11 Geo. 5. c. 65
  In subsection (6) of section one (which subsection relates to the enforcement of the restrictions imposed by other provisions of that section on the employment of children and young persons in industrial undertakings) the reference to coal mines, metalliferous mines and quarries shall be construed as a reference to mines and quarries within the meaning of this Act and the reference to the Coal Mines Act, 1911, and the Metalliferous Mines Regulation Acts, 1872 and 1875, shall be construed as a reference to this Act.
  The Mining Industry Act, 1926
  16 & 17 Geo. 5. c. 28
  In section twenty-three(which requires the giving of facilities to the Department of Scientific and Industrial Research where shafts or bore holes are sunk), in subsections (3)and (4), the word "agent" shall be omitted, and for subsection(5) there shall be substituted the following subsection—
  "(5) Any officer appointed by the Committee shall have the same rights as to the production and inspection of plans, sections and drawings which, by or by virtue of the Mines and Quarries Act, 1954, are required to be kept, as are by that. Act conferred on inspectors, and that Act shall apply accordingly."
  The Petroleum (Production) Act, 1934
  24 & 25 Geo. 5. c. 36
  In section seven (which relates to the inspection of plans and sections of mines for the purpose of ascertaining on behalf of the Minister the position of workings through or near which it is proposed to sink a borehole for the purpose of searching for or getting petroleum), for the words from "the same rights" to the end of the section, there shall be substituted the words "the same rights as
  848
  to the production and inspection of plans, sections and drawings which, by or by virtue of the Mines and Quarries Act, 1954, are required to be kept, as are by that Act conferred on inspectors, and that Act shall apply accordingly."
  The Hours of Employment (Conventions) Act, 1936
  26 Geo. 5. & 1 Edw. 8. c. 22
  In subsection (2) of section one (which subsection relates to the enforcement of the restrictions imposed by that section on the employment of women by night in industrial undertakings) the reference to coal mines, metalliferous mines and quarries shall be construed as a reference to mines and quarries within the meaning of this Act and the reference to the Coal Mines Act, 1911, and the Metalliferous Mines Regulation Acts, 1872 and 1875 shall be construed as a reference to this Act.
  The Young Persons (Employment) Act, 1938
  1 & 2 Geo. 6. c. 69
  For subsection (3) of section three (which relates to the enforcement of the provisions of Part I of that Act) there shall be substituted the following subsection—
  "(3) An inspector appointed under the Mines and Quarries Act, 1954, shall have the same powers and duties for the purpose of the enforcement of the provisions of this Part of this Act in their application to young persons employed at or in connection with a mine or quarry within the meaning of the said Act of 1954 as he would have if those provisions were provisions of that Act."
  The noble Earl said: The new Schedule refers to parts of Acts which have to be amended because of the passing of this Bill. The purpose of the Amendment is to put them in the present Bill, which takes the place of the 1911 Act. I beg to move.
  Amendment moved—
  After the Third Schedule insert the said new Schedule.—(The Earl of Selkirk.)
  On Question, Amendment agreed to.
  Fourth Schedule [Enactments repealed]:
  THE EARL OF SELKIRK: This is a drafting Amendment. I beg to move.
  Amendment moved—
  Page 120, line 38, column 3, after ("twelve") insert—
  ("In subsection (1), the word "agent," wherever it occurs, and").—(The Earl of Selkirk.)
  On Question, Amendment agreed to.
  THE EARL OF SELKIRK: This also is a drafting Amendment. I beg to move.
  Amendment moved—
  Page 120, line 40, column 3, after ("thirteen") insert—
  (", in subsection (2), the word "agent" and the words "against this Act", in subsection (3), the word "agent", in subsection (4), the word "agent", wherever it occurs, in subsection (5), the word "agent" and").—(The Earl of Selkirk.)
  On Question, Amendment agreed to.
  THE EARL OF SELKIRK: This Amendment is again drafting. I beg to move.
  Amendment moved—
  Page 120, line 45, column 3, after ("one") insert—
  ("the word "agent", wherever it occurs, and").—(The Earl of Selkirk.)
  On Question, Amendment agreed to.
  THE EARL OF SELKIRK: This is also a drafting Amendment. I beg to move.
  Amendment moved—
  Page 120, line 50, at end insert—

  ("5 Edw. 7 c. 9

  The Coal Mines (Weighing of Minerals) Act, 1905

  In section one, in subsection (2), the word "agent"")

  —(The Earl of Selkirk).

  On Question, Amendment agreed to.
  THE EARL OF SELKIRK: This is a drafting Amendment. I beg to move.
  Amendment moved—
  Page 121, line 5, column 3, at beginning insert—
  ("In section one, in subsection (3), the words 'owner, agent or', in subsection (5), the words
  850
  'owner, agent or' and in subsection (7), the words 'fireman, examiner or' in both places where they occur.
  In section two, in subsection (1), the words 'owner, agent or' and in subsection (2), the words 'owner, agent, or'.
  In section three, in subsection (1), the words 'owner, agent or' and in subsection (2), the words 'owner, agent or'.
  In section five, the words 'owner, agent or'.
  In section six, the words 'owner, agent or'").—(The Earl of Selkirk.)
  On Question, Amendment agreed to.
  THE EARL OF SELKIRK: This Amendment is drafting. I beg to move.
  Amendment moved—
  Page 121, line 20, column 3, at end insert—
  ("In section twenty-five, the definitions of 'owner', 'agent' and 'management'.")—(The Earl of Selkirk.)
  On Question, Amendment agreed to.
  THE EARL OF SELKIRK: This Amendment is also drafting. I beg to move.
  Amendment moved—
  Page 121, line 23, column 3, at end insert—
  ("In section twenty-three, in subsection (3), the word 'agent' and in subsection (4) the word 'agent'.")—(The Earl of Selkirk.)
  On Question, Amendment agreed to.
  Fourth Schedule, as amended, agreed to.
  House resumed.
  House adjourned at ten minutes before five o'clock.