Lords Amendment: In page 89, line 27, leave out subsection (2), and insert:
(2) For the purposes of Part III of the Public Health Act, 1936, each of the following shall be deemed to be a statutory nuisance that is to say:—
§ Mr. Joynson-Hicks
I beg to move, "That this House doth agree with the Lords in the said Amendment."
This Amendment deals with the application of the Public Health Act, and it applies the statutory nuisance procedure under that Act in the case of any failure to fence a shaft or outlet of an abandoned or disused mine or quarry. I think that this provision will be welcomed throughout the country. In addition, it makes accessibility the one criterion for assessing what is a public danger.
§ Mr. T. Brown
I welcome this Amendment. I have the honour to represent a constituency in which there are probably more disused shafts than in any other part of the country. Some of them are left in a state which make them dangerous not only to adults but also to children.
I want to make a suggestion, because regulations will have to be drawn up, as the Minister and his Parliamentary Secretary know. To my mind it is not sufficient to fence or brick round the top of a shaft. It is also necessary to put an adequate fence a few yards from the approach to the shaft. I know of a shaft which has been built round to render it safe so far as possible, but an opening has been made in the brickwork, so children cart get to the top of the mine upon which the brickwork is fixed. If we can prevent them from getting to the point of danger, I think that would be a step in the right direction, and I suggest that that might be considered.
Apart from bricking round the shaft which is disused, the approach to the shaft should also be fenced round to prevent children or adults from damaging the brickwork. That would be art added safety factor which would be welcomed in my constituency.
§ Mr. Joynson-Hicks
We welcome the practical suggestion of the hon. Member for Ince (Mr. T. Brown). I join with him personally in welcoming this provision 726 because in my constituency there are probably as many deaths of children owing to their falling into waterlogged, disused quarries as anywhere in the country.
§ Question put, and agreed to.
§ Subsequent Lords Amendments, to the Amendment in page 93, line 41, agreed to.