Lieut.-Colonel PINKHAMasked the President of the Board of Education what is the position of those education authorities who have submitted their bye-laws governing the employment of children under the Employment of Children Act, 1903, and Section 13 of the Education Act, 1918, to the Home Office for approval, and are still waiting official sanction to the said bye-laws; what is the position of those authorities who have made bye-laws beyond the scope of the requirements of the Employment of Children Act, 1903, and Section 13 of the Education Act, 1918, should they proceed to put these bye-laws into operation; whether some authorities have abolished all Sunday labour and evening as well as morning labour; and, if so, 1790W whether, in view of the provisions of the Acts concerned, he will say what action he proposes to take?
§ Mr. SHORTTMy right hon. Friend has asked me to reply to this question. Section 13 of the Education Act, 1918, which amends the Employment of Children Act, 1903, came into force on the 1st April last, and it is the duty of Local Education Authorities to enforce its provisions. When, however, a Local Education Authority is proposing a bye-law to give some exemption from the provisions of the Section, I think they are justified, pending the settlement and confirmation of the bye-law, in provisionally allowing employment to continue within the limits of the proposed exemption. With regard to the second part of the question, I would remind my hon. and gallant Friend that these bye-laws have no legal effect until they are confirmed by the Secretary of State, and I am not aware that any bye-laws have been confirmed which are outside the scope of the Acts.
In reply to the third part of the question I am advised by the Law Officers that bye-laws absolutely prohibiting all employment on Sunday or all employment on any week-day are ultra vires, and since I received this opinion no such bye-laws have been confirmed.