§ "(1.) If an inspector gives notice in writing to the occupier of a factory or workshop, or to any contractor employed by any such occupier, that any place in which work is carried on for the purpose of or in connection with the business of the factory or workshop is injurious or dangerous to the health of the persons employed therein, then, if the occupier or contractor after the expiration of one month from receipt of the notice gives out work to be done in that place, and the place is found to be so injurious or dangerous, he shall be liable on summary conviction to a fine not exceeding twenty pounds.
§ (2.) This section shall apply in the case of the occupier of any place from which any work is given out, as if that place were a workshop.
§ (3.) Provided that this section shall not apply except in the case of persons employed in such classes of work, and in the case of persons giving out employment and employed within such areas, as may from time to time be specified by the Secretary of State by order made in accordance with Section Sixty-five of the principal Act."
§ MR. ASQUITH moved:—In line 8, after "found," to insert" by the Court having cognisance of the case."
§ Amendment agreed to135
§ MR. ASQUITH moved:—In line 10, to leave out "20," and insert "10." It had, lie explained, been agreed in Grand Committee that the penalty imposed by the section was too high.
§ Amendment agreed to.
MR. ASQUITH moved at the end of the clause to add—
and no such order shall be made except with respect to an area where, by reason of the number and distribution of the population and the conditions under which work is carried on, there are special risks of injury or danger to the health of the persons employed and of the district.
He explained that he moved these words in pursuance of a pledge given in the Standing Committee, in order that it might be made clear that the somewhat drastic powers given to the Secretary of State should not be exercised in respect of those industries which were strictly cottage or rural industries. In view of the separation of the people from one another, it was thought that there was no necessity for dealing with them in the stringent way that was necessary in the case of the workers in towns. The Amendment was supported by some of the Members from Great Britain, and he had come to the conclusion that the words upon the Paper without impairing the efficiency of the clause, would make it quite clear that the provisions of the clause were not to be applied to these cottage industries.
§ * SIR CHARLES DILKE (Gloucestershire, Forest of Dean)
, while agreeing that the late Home Secretary had given a pledge to the hon. Member for Kerry to insert such words as those now proposed, said that it was admitted on all hands that there were many districts which were not populous districts, to which the clause should apply. He had yet so worded his Amendment as to bring in the question of population. He submitted that it would be better to omit "the number and distribution of the population and," so that the suggestion should not remain that it was the population that was to be considered in this case. If the late Home Secretary did not see his way to make that concession, he would suggest that a considerable change would be effected by changing the word "and" for the word "or" in line 3 of the Amendment.
§ The Amendment, thus amended, was agreed to.
§ Clause 6:—