§ Mr. Rhys Daviesasked the Minister of Labour whether he is aware that Lambert Ratcliffe, 41, Park Road, Westhoughton, was, at the instance of his Department, recently prosecuted and fined by the Bolton county magistrates £7 and £2 2s. advocate fee for absenting himself from work on the nights of 17th and 25th November and 1st December, 1941; that he is over 55 years, of age and has worked underground by day regularly for the last 42 years; that he objected to working at nights on physical grounds as he cannot sleep by day; and whether the Minister will instruct his officers to refrain from such prosecutions in future?
§ Mr. BevinMr. Ratcliffe was reported by the Pit Production Committee for being absent from work on a number of occasions without good reason. As he gave no excuse for his absence, other than that he could not sleep by day if he worked six night shifts a week, he was given a direction as to his attendance. He did not avail himself of his right to appeal against the direction nor has he ever produced any medical evidence to show that1826W he was unfit for night work. Mr. Ratcliffe failed to comply with the direction and thus committed an offence under the Defence Regulations, for which he was prosecuted. In the circumstances I cannot agree that prosecution was not justified.