Part of Orders of the Day — Factories Bill. – in the House of Commons am ar 16 Mehefin 1937.
I will explain that in a moment. The hon. and gallant Member said that unless you inserted "or sanitary inspector," as his Amendment proposes, you would be depriving him of powers which he has enjoyed ever since the Act of 1901. Once again there is a slight misconception there, because the effect of this Amendment would be greatly to extend the powers of sanitary inspectors beyond those which they now enjoy. All that they can do under the Act of 1901 is to make a report to the district council, and it is the council which takes the decision. Under this Bill, as framed, these specific powers which I have enumerated are given to the medical officer of health, and, of course, it would be quite impossible to suggest that he should act on a report of a sanitary inspector. It would be quite out of harmony with the system of local government.
The next point is this—and I think this was explained in Committee—that under the administrative regulations which control the relations of the medical officer of health to the sanitary inspector—it is an order called the Sanitary Officers Order of 1926—the sanitary inspector works in matters of this kind under the supervision and direction of the medical officer of health. He is definitely a subordinate person in the hierarchy of officials, and I think the hon. and gallant Gentleman will appreciate very fully how dangerous a thing it would be, and how liable to introduce confusion of administration, if you were to confer concurrent administrative powers alternatively upon a principal and a subordinate official. Imagine the situation if some executive power was directed to be exercised by the colonel or alternatively by the major of a battalion.
As regards the right of entry, I should like to assure the House that no difficulty arises there for the very reason which was mentioned by the Seconder of the Amendment, because Clause 126, Subsection (5) specifically authorises an official of a district council, among others, to exercise these powers; so that, taking the whole matter together, I would suggest to the Mover and Seconder of the Amendment that in the light of the explanations which I have given there would be a very real danger of introducing confusion into the administration if they pressed the Amendment, which would give alternative powers of an administrative character to a subordinate and a superior official, particularly as there is no question of curtailing the existing powers of the sanitary inspector, but simply of preserving the situation substantially as it is. I am afraid, therefore, it will be necessary to resist the Amendment, unless the hon. and gallant Member sees fit not to press it.