§ A Court of Summary Jurisdiction may on complaint by an inspector, and on being satisfied that any part of the machinery or plant used in a mine (including a steam boiler used for generating steam) is in such a condition or so placed that it cannot be used without danger to life or limb, prohibit its use, or, if it is capable of repair or alteration, prohibit its use until it is duly repaired or altered.
§ Sir C. CORY
I beg to move, to leave out the Clause. I do so because I do not think it is applicable to the provisions of a Mines Bill, and I suggest that Clause 99 gives every power that is required in this respect. This Clause practically means that if the inspector takes one view and the owner takes another, the owner will be compelled to appear before a Court of Summary Jurisdiction. It seems to mc that this will mean the stopping of a colliery entirely, whereas everything that is required in this respect is provided for in Clause 99.
§ Mr. MASTERMAN
This Clause has been put in to meet a real grievance which our inspectors have found in the actual working of the Act. Clause 99 gives rather elaborate and complicated machinery for dealing with these matters, which ultimately go to a referee if there is considered to be any danger in the working of any apparatus in connection with the working of a mine. The inspectors have informed us that they have come across cases where the provisions contained in Clause 99 would take too 1310 long to put into force to secure the safety of the mines. We have introduced this Clause to give power to the inspectors to take immediate action under the Factory Acts. A case was brought to our notice not long ago in which a boiler had been reported by an insurance company to be unsafe, and they recommended that the owners should discontinue using it. The mine inspector on his next visit found that boiler still in use, and in that case he could put into operation this Clause which allows an appeal to a Court of Summary Jurisdiction. This Clause is not intended for ordinary matters of procedure, but only where there is some obvious danger for which the inspectors dare not take the responsibility.
§ Amendment negatived.