I move that the Bill be now read a Second Time.
The main purpose of this Bill is to consolidate in a single measure, as far as this is practicable, the existing body of law relating to the safety, health and welfare of mine and quarry workers. At the same time, the opportunity is being taken to bring the law up to date and to provide for some desirable innovations.
The operations of mining and quarrying have much in common and are attended by similar risks. At present there are two separate codes of law relating to them, although these codes are similar in general character and are closely connected. Both are cumbrous and involved, being contained in well over a dozen enactments stretching back to 1872; they are also out of date in many respects. I think it would be convenient for all concerned if the entire body of the law were dealt with comprehensively in a single enactment.
The Bill has been framed on the principles that the rights enjoyed by mine and quarry workers under existing legislation will not be diminished; that mine and quarry workers will, in general, be given the same kind of protection as has been afforded to factory workers by factory legislation; and that working conditions will comply with this country's obligations under International Labour Organisation Conventions. Accordingly, it follows the general lines of existing legislation but revises many of its provisions in the light of modern conditions and practices. At the same time a number of elaborate provisions will be replaced by power to make regulations. This change, by setting out general requirements in the statute and leaving the details to be prescribed by regulations, should provide a degree of flexibility which should obviate for many years to come the need for amending legislation.
Part I of the Bill makes the usual preliminary and general provisions relating to interpretation, expenses repeals, etc. I would like to draw attention, however, to section 6, which brings State mines and quarries within the scope of this type of legislation for the first time. This development is in line with current views on the position of State enterprises— the Factories Act, 1955 and the Office Premises Act, 1958, have already set a headline in this respect. Section 9 provides for prior consultation with the Minister for Health on health regulations.
Part II deals with the management and control of mines and quarries. It sets out the duties of owners and provides for the appointment, general duties, rights and powers of managers. The most important innovations in this Part are the requirement that a manager must be appointed to supervise the working of every quarry, and the power to prohibit, by regulations, the carrying out of certain operations unless the quarry manager has prescribed qualifications. The requirement that every quarry must have a manager arises from the need to have a readily identifiable person who will be responsible for seeing that the detailed requirements of the Bill and of Regulations and Orders made under it are complied with. Owners of small quarries need not feel that this requirement will place an undue burden on them, however, as it will be open to any owner to appoint himself manager of his own quarry. On the second point, developments in recent years in the scope of the activities being carried out at some of the larger quarries have indicated that, in order to supervise some of the more complex operations, a manager would need to have technical qualifications.
Part II also contains some new provisions about the rights and duties of mine and quarry owners and managers which are designed to set out clearly their respective areas of responsibility. For example, orders by mine and quarry owners to subordinates of managers must normally be given through the managers, and managers may in certain circumstances require written confirmation of owners' orders. Also, a quarry owner may exclude any matter from the manager's control and reserve responsibility for it to himself, as long as this would not be prejudicial to the safety or health of his employees.
Part III of the Bill deals with safety, health and welfare of mine workers. It covers such matters as securing shafts and entrances, construction, maintenance and safe use of roads, operation of winding and haulage apparatus, provision of support underground, ventilation and lighting of mines, use of electricity and blasting materials, precautions against fire and flooding, safety provisions relating to machinery and buildings, and general welfare. These provisions are based on existing legislation to a large extent, with some necessary modifications required by modern conditions. There are a number of new provisions, none of which could be regarded as revolutionary.
Part IV provides for the safety, health and welfare of quarry workers. As might be expected, it has a good deal in common with Part III, and it incorporates certain provisions of that Part, which are relevant to both mines and quarries. Again, existing legislation is followed closely.
Part V deals with the notification and investigation of accidents and diseases. This Part also follows the lines of existing legislation, which has been adapted to modern requirements. The procedures laid down for holding inquests and formal investigations are similar to corresponding provisions in the Factories Act, 1955.
Part VI, which consists of only one section, maintains the right of workmen employed at a mine or quarry to appoint "workmen's inspectors" to inspect the mine or quarry at intervals. I am advised that this right has seldom, if ever, been availed of in this country but I do not propose to extinguish it.
Part VII also consists of only one section, which continues in force the existing requirement that owners must fence abandoned and disused mines. I might mention here that the fencing of dangerous quarries, whether abandoned or not, comes within the scope of the Local Government (Sanitary Services) Act, 1964, and accordingly, there is no need to provide for it in this Bill.
Part VIII deals with conditions of employment. At this stage I might point out that settling conditions of employment is not a primary objective of this Bill, and in fact quarry workers are already covered by the Conditions of Employment Act, 1936. However, under existing legislation mine workers have certain rights in this matter which will be continued in force, and I have taken the opportunity of making some necessary new provisions. The existing prohibition on the employment of boys under 14 years below ground is being replaced by a power to make regulations restricting the employment of boys under a prescribed age. This change will enable the minimum age for work below ground in mines to be reviewed in the light of any alteration in the general school-leaving age or any future commitments which this country may assume under any international agreement on the matter. Restrictions on the employment of women and young persons at night are being brought into line with the latest ILO Convention on the subject and other conditions of employment of such persons employed above ground may be settled by regulations. The prohibition on the employment of women and children below ground will, of course, be continued.
Regulations may also provide for the compulsory medical examination of all persons employed or seeking employment at mines. Compulsory medical examination of young persons has long been a feature of factory legislation, but the high incidence of respiratory disease in the mining industry requires that such examination can be extended to adults. I envisage that these regulations will require (a) compulsory medical examination of all persons seeking employment at mines and (b) compulsory medical examination of serving miners at regular intervals. Consultation with mine-owners and trade unions on the making of these and other regulations relating to conditions of employment is required by section 119.
Part IX continues in force, without any fundamental changes, existing requirements about keeping records and furnishing returns and information.
Part X, which consists of a single section, makes provision for the making of ministerial regulations, the procedure being set out in the Second Schedule. Here again, the lines of existing legislation have been followed.
Part XI maintains the right of coal miners who are paid by the weight of coal produced, to check the weighing of it. I understand that this right has hardly ever been formally invoked in this country, but its existence probably is of some value in the completion and implementation of wage agreements where wages are based on output.
Part XII deals with the appointment of inspectors and sets out their general powers. These provisions are on the lines of existing legislation.
Part XIII makes the usual type of provision for offences, penalties and legal proceedings.
Finally, Part XIV covers a number of miscellaneous matters which are not proper to any other Part. The most interesting of these is a new provision for the setting up of an advisory council representative of employers and employees. This provision has been prompted by the success which has attended the operation of the Factory and Office Advisory Councils set up under the Factories and Office Premises Acts. It will be the function of the council to advise me on any matter arising out of the execution of the Act which I may refer to them. They will also be entitled, on their own initiative, to advise me on the administration of the Act, and any orders or regulations under it, and on certain other matters affecting the safety, welfare and education of employees and employers. The council must include representatives of trade unions and of employers' organisations. I am confident that the advisory council will be of considerable assistance in the smooth operation of the Act when it becomes law.
I recommend the Bill to the House.