Skip to main content

Clause 108—(Notification Of Accidents)

Volume 529: debated on Thursday 1 July 1954

The text on this page has been created from Hansard archive content, it may contain typographical errors.

8.15 p.m.

I beg to move, in page 65, line 34, after "of," to insert:

"or serious bodily injury to."
We are introducing this Amendment in response to an undertaking which I gave in Committee, particularly in reply to the hon. Member for Houghton-le-Spring (Mr. Blyton), who made some very helpful observations. The point of the Amendment is the difficulty of defining what is a serious bodily injury. The hon. Member felt that the words in the Bill gave rise to a considerable degree of doubt, and it was generally felt in Committee that it would not be possible to arrive at any satisfactory definition to be included in the statute. By means of the Amendment we propose the deletion of the words other than "serious bodily injury" and we intend to define those words by regulation. We think that that is a more satisfactory way of dealing with the situation.

Amendment agreed to.

Further Amendments made: In page 65, line 35, leave out from "quarry," to end of line 39.

In line 40, leave out "written."

In line 42, leave out "sent," and insert "given."—[ Mr. Joynson-Hicks.]

I beg to move, in page 66, line 1, to leave out from "to," to "notices." in line 4, and to insert:

"such person as may for the time being be nominated—
  • (a) in a case where there is an association or body representative of a majority of the total number of persons employed at the mine or quarry, by that association or body;
  • (b) in any other case, jointly by associations or bodies which are together representative of such a majority
  • to receive on behalf of the persons so employed"
    This Amendment, dealing with the 'notification of accidents, is again moved in response to an undertaking which I gave in Committee. The Clause as a whole provides that notice should be sent to the representatives of the body representing the majority of persons employed at a mine or quarry. In the course of discussing the matter it was represented—and we recognised that fact very fully—that in certain places, particularly quarries rather than mines, the majority of employees might not be represented by one organisation.

    Therefore, this Amendment and the Amendment to Clause 115 in page 68, line 15, to insert new paragraphs (a) and (b) are designed to provide that where there is not a single trade union or other body which represents all the workmen two or more such unions can get together and between them—if they represent the majority—appoint a representative. Paragraph (b) of the Amendment in page 68 makes exactly the same provision with regard to inspectors.

    Amendment agreed to.

    Further Amendments made: In page 66, line 7, leave out "written."

    In line 8, leave out "sent," and insert "given."—[ Mr. Joynson-Hicks.]

    I beg to move, in page 66, line 8, after "district," to insert:

    "and the person nominated as aforesaid."
    This Amendment carries out an assurance that I gave in Committee and provides that notification of a man's death which arises subsequent to notification of his serious injury due to an accident must be made to the workmen's representative. It is a tidying up Amendment.

    Amendment agreed to.