Letters and Papers Concerning the Trans-Persian Railway and Other Railways in Persia [‎192r] (383/442)

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Factory An East India Company trading post. and Workshop
(No. 2) Bill.
[ 15 Jury 1912]
such a definition, which is on the face of it
inadequate. What is important is not
where the floor of the room is but where
the ceiling is. If the ceiling is nearly on a
level with the ground outside, then, indeed,
the room is underground ; but the position
of the floor is of much less importance. In
the words which I have ventured to place
on the Paper I have endeavoured to strike
a compromise by providing that it should
depend neither upon the floor nor the
ceiling, but that the definition should be
that an underground room shall mean
any room any part of which is so situate
that half or more than half the whole height
thereof measuring from the floor to the
ceiling is below the surface.
Amendment moved—
Clause 1, page 1, line 17, leave out (“the surface
of the floor is more than three feet ”) and insert
(“ half or more than half the whole height thereof
measured from the floor to the ceiling is ”).—{The
Marquess of Salisbury.)
Lord STRACHIE: In accepting the
Amendment which the noble Marquess has
just moved, I should like to point out that
the Amendment which was inserted on
my Motion on Report last week, before the
Bill was re-committed, was put in so as
to bring this Bill into conformity with the
present Factories Acts. But if the noble
Marquess thinks the provision too stringent
—though I do not think it is as stringent
a provision as the one in the original Bill—
I am quite ready to accept the Amend
ment.
On Question, Amendment agreed to.
Clause 1, as amended, agreed to.
Clause 2 :
Certification.
2. An underground room shall not be certified
by the district council as suitable unless the council
are satisfied that such underground room complies
with the regulations made under this Act: Provided
that if no regulations applicable to the case have
been so made a certificate shall not be granted
unless the district council are satisfied that the
room is suitable in respect of the matters as to
which regulations might have been made, and the
certificate shall specify the means required, as a
condition of certification, to be provided for securing
the health of the persons employed in the room,
and shall be made conditional on such means being
maintained and properly used.
The Marquess of SALISBURY: On
the Question that Clause 2 stand part of the
Bill I wish to lay a point before the Govern
ment. In the Amendments which they
inserted on the last stage of the Bill they
provided that in cases where there are no
regulations under the Bill the district
council shall act without regulations. That
appears to me, if I may say so, an almost
indefensible proposition. This Bill provides
that in certain circumstances an under
ground workplace is to be suppressed. If
such a step is necessary, it is very proper
that it should be taken, but Parliament has
always been very jealous that this shall only
be done with every precaution. Conse
quently in I think almost all Statutes of this
kind there is the ordinary rules clause,
containing certain provisions for regulations
which govern the operation of the Act, and
this Bill, like other Bills, has the rules
clause. Those regulations are to be made
under the authority of the Home Office, and
it seems astonishing that if Parliament
should think it right to give the Home
I Office power to make regulations Parliament
should also say that if the Home Office do
not make regulations district councils may
act without regulations. I am afraid that
! cannot be defended. Under the rules
i clause every conceivable precaution is taken
that injustice is not done. There has to be
; an advertisement in the local newspaper,
and there has to be an inquiry if it is called
: for by any persons who think they have a
! right to object. The regulations them
selves have to lie on the Tables of both
Houses of Parliament so that they may, if
necessary, be objected to. All these pre
cautions are taken in the case of regulations
which are made by the Home Office. But
if a district council is to act alone, none of
these precautions are to have effect. If the
Home Office makes regulations they are to
| be made with the greatest precaution, but
if the Home Office makes no regulations then
this drastic Statute is to operate on the fiat
I of the district council alone. I know that
! there is an appeal to a Court of Summary
! Jurisdiction, but that is not an exalted
authority to which to entrust the rights and
privileges of His Majesty’s subjects in a
Statute of this kind. If we attempt to go
in front of public opinion to that extent we
shall defeat our object, and the result will
be that the Bill will not get through both
Houses of Parliament. What we should
say is that underground rooms are un
wholesome and insanitary if they do not
comply with certain regulations ; that those