§ LORD CHESHAM rose to move, That the Draft Agriculture (Power Take-off) Regulations, 1957, reported from the Special Orders Committee on July 24, be approved. The noble Lord said: My Lords, as both these sets of Regulations, the Agriculture (Power Take-off) Regulations, 1957, and the Agriculture (Ladders) Regulations, 1957, arise under the same Act, it may be convenient for your Lordships to discuss them together. As many of your Lordships will know, the power take-off of a tractor and the power takeoff shaft on an agricultural machine can, if they are not guarded, cause serious injuries to people who accidentally come in contact with them. If I may be permitted a quick personal digression, I trust that your Lordships will grant me a little 276 extra authority in mentioning that, because I happen to be one who has caught his coat-tail in an unguarded power takeoff, though, fortunately, suffering no more than a certain amount of fright. On an average four or five people are killed in this way each year.
§ The object of the Power Take-off Regulations is to secure that proper guards are fitted to tractors and machines used on holdings where there are employed workers, to whose protection the Regulations are limited by the enabling Act. They will require a shield, strong enough to take the weight of a man, extending above and on both sides of the power take-off, and a guard extending, all round the shaft, along as much of its length as is not protected from contact by other parts of the machine; but on existing machines with shafts less than two feet from the ground a less complete guard in the shape of a deep inverted "U" is permitted. The Regulations will come into operation on dates ranging from one year to two years hence, the periods having been determined after consultation with the interests concerned, to allow enough time for the solution of design and supply problems.
§ The Ladders Regulations are directed to ensuring that ladders used by agricultural workers are of sound construction, properly maintained, and used in sensible ways. If the Regulations are approved, they will come into effect three months after they are made. It may surprise some of your Lordships to learn that, on an average, there are three fatal accidents each year arising from the use of ladders in agriculture. Responsibility for seeing that machines or ladders are not used otherwise than in accordance with the Regulations is placed both on the employer and on the worker. Farmers cannot be expected or required to exercise the close supervision over their workers that is possible in factories, and we consider that it would be unfair to place on them the entire responsibility for offences against the Regulations. I have attempted to deal with the principal features of the Regulations, but shall be pleased to answer any question that may be asked I beg to move.
§ Moved, That the Draft Agriculture (Power Take-off) Regulations, 1957, reported from the Special Orders Committee on 24th July, be approved.—(Lord Chesham.)
277§ VISCOUNT ALEXANDER OF HILLSBOROUGHMy Lords, I have no doubt that these Regulations are required. The number of casualties that the noble Lord mentioned is not staggering in relation to the whole of the agricultural population; nevertheless, it is something that ought to be properly protected against. The only point I want to raise is why the Regulations are confined to farms upon which persons are employed. Is there not a case for the widow of a farmer who loses his life in this way? Why should not that farmer have to protect his machine, even for his own sake and for the sake of his family? Why is that exception made?
§ LORD CHESHAMMy Lords, if I may take first, quite briefly, the point of the number of accidents, I would say that the number of fatal casualties does, fortunately, seem somewhat on the small side. I was unable to give the figures for other casualties, because I am afraid they are not available. In this connection, incidentally, we hope from now on gradually to institute a system which will give fuller returns on these matters. So far as the other farms are concerned, I trust the noble Viscount will not mind if I have to take what appears to be refuge in a somewhat legalistic point, but it is a fact that the enabling Act makes it impossible to make Regulations for any other sort of farm than that on which agricultural workers are employed.
§ VISCOUNT ALEXANDER OF HILLSBOROUGHDoes that not mean that there ought to be an amendment of the Act? That does not seem to me to meet the point. I can see the difficulty that you have to work under a certain Statute, but that point ought to be met. In dealing with this kind of matter one has to bear in mind not only the ordinary human factor—one wants to do the best possible to protect each unit—but the business side as well. When you are dealing with general farm insurance, the rates quoted by companies depend a good deal on whether or not people are working with protected machinery. All that ought to be taken into account and proper provision made by the State, so that all machinery of this kind is protected; otherwise differential rates will be quoted in different parts of the country for different classes of machinery used. 278 Cannot we have this matter put really straight?
§ LORD CHESHAMMy Lords, I can see that there is considerable force in what the noble Viscount says. But, fortunately or unfortunately, the fact remains that we are dealing at the moment with this particular Order which cannot be widened to that extent. We have widened it as far as possible to include everything that may properly be included under the Act. In the circumstances the, only thing I can do is to make sure that the noble Viscount's words are passed on to my right honourable friend.
§ On Question, Motion agreed to.