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Special Committee Factories Bill, 1954 debate -
Thursday, 27 Jan 1955

SECTION 2.

I move amendment No. 3:—

In sub-section (1), page 7, line 25, to add " , but also includes a district medical officer under Section 52 of the Health Act, 1953 (No. 26 of 1953) " after " (No. 28 of 1947) ".—

An tAire Tionscail agus Tráchtála.

This reference to the interpretation of the expression " medical officer of health " is necessary because of the passing of the Health Act, 1953. It is a purely formal amendment.

Amendment No. 3 agreed to.

I move amendment No. 4:—

In page 7, line 48, to delete " 1948 " and substitute " 1952 ".

This corrects a wrong citation.

Amendment agreed to.
Question proposed: " That Section 2, as amended, stand part of the Bill."

Mr. Lemass

The definition of " humid factory " reads:—

" A factory in which atmospheric humidity is artificially produced by steaming or other means in connection with any textile process."

I do not know if there are any industrial processes other than textile processes which require artificial humidity. I am not clear why the limiting phrase " in connection with any textile process " is inserted in this definition.

There would be many others. I do not know how many we would have in the country, but plywoods come to my mind as being the type of thing that would be covered. We do not manufacture them here, but we might at some time.

Is the objection to the last portion of the definition?

Mr. Lemass

I am merely querying the reason for limiting the definition of a " humid factory " to a factory in which textile processes are carried on. I think it is undesirable to limit it to textile factories unless there is good reason for it.

We could stop the definition at the word " means " in the second line.

Mr. Lemass

I think it would be wiser.

Cutting out " in connection with any textile process ".

Could we agree to delete these words now and save an amendment on Report?

Agreed.

Mr. Lemass

With regard to the definition of " parent " it is set out as meaning:—

A parent or guardian of, or person having the legal custody of, or the control over, a young person, and also includes, in relation to any young person, any person having direct benefit from his wages.

The full significance of that extension of the definition to persons having benefit from the wages is not quite clear to me, nor is the necessity for it. A lot would depend on the rights given to parents under other sections. Again I am merely suggesting it as a point to be looked into because I realise that there may be implications in the definition or a need for that extension which is not apparent at first sight.

We will look into it.

On page 7, it is proposed that we delete the words " in connection with any textile process ". Is that agreed?

Agreed.

Mr. Lemass

The term " tenement factory " is used to describe a premises in which more than one business is carried on with a common source of mechanical power. The term is one which I do not like and I suggest that the Minister should consider the possibility of getting some other definition of that type of factory. The use of the term is liable to cause some misunderstanding in so far as it could be taken to mean only factories located in tenement buildings as ordinarily understood. I think there may be a great deal to be said for encouraging the type of tenement factory described here and yet I would not like to do it under that name. If the term " multiple factory " would cover the point, I think it would be better to change the term in the Bill.

I agree that it is not a very happy definition of what might be a desirable type of development. We can have a look at it and see if we can get another term which will clearly identify the type of factory we have in mind.

Mr. Lemass

I note that the definition of " work of engineering construction " does not include the making of roads. I am not clear why roads are excluded, but it may be that there is a reason for it.

Frankly, I do not know why this exclusion was made, but I suppose it was because of the fact that it is possibly so wide as to include them and to set them out specifically might bring in a person engaged on any kind of operation on a road.

Mr. Lemass

The construction of a road would be somewhat different from the repair and maintenance of a road. However, again I suggest that it is a point to be looked into.

I think it would be worth while looking into it, because possibly to some extent when the definition was being framed originally, they had in mind road workers—mainly hand labour. There has been a complete change in technique now and the amount of machinery used in road work is almost as great as in any other of these engineering constructions. One of the main purposes of the Bill is to deal with the problem of people working in close association with heavy machinery. I think it is possibly a carry-over from an old definition.

We will look into it.

Mr. Lemass

I am not clear, either, in connection with this definition, why the construction of a railway siding otherwise than on an existing railway is regarded as different from the construction of a siding on an existing railway. I do not see how you can construct a siding otherwise than on an existing railway in this country and I feel that it is again a matter of examining the suitability of the definition in relation to our circumstances here.

We will look at both of them.

Question put and agreed to.
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