That section imposes on a person hiring a machine used in the factory the same obligation as if he were the occupier of the factory. Some point might arise where the hirer of a machine is a person outside the country. It is a common practice in shoe factories to hire a machine from a firm in Britain and not to purchase them outright. If there was failure to fence in one of those machines or instal safety devices prescribed, would it be possible to proceed against the firm in Britain which had hired the machine ? Must the power be exercised only on persons within our jurisdiction ?
SECTION 106.
Question proposed : "That section 106 stand part of the Bill."
Mr. Lemass
I do not see how we can get after the person outside our jurisdiction. There is a difficulty and perhaps a weakness in this. Indeed it has been suggested that the only person we could really get after on the hirer's side would be the agent.
Mr. Lemass
I appreciate that.
This again is a re-enactment of the 1901 Act.
Question put and agreed to.