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The Bill now before Parliament provides that where the Secretary of State is satisfied
that the duty of enforcing the general health provisions of the measure, in all factories in
which mechanical power is not used, will be satisfactorily performed by a local authority
willing to undertake the duty he shall delegate the duty to such Council.
Moreover, where the Secretary of State is satisfied that in London, or places where
Section 22 of the Public Health Acts (Amendment) Act, 1890, is in force, the duty of enforcing
as respects all factories the provisions of the Act as to sanitary conveniences, would be
satisfactorily performed by a Council willing to undertake the duty, he is to delegate.the
duty to such Council.
The effect of these provisions in those areas where local Councils are willing to do this
work, and can satisfy the Secretary of State that they could satisfactorily perform the
duties, would be to maintain the status quo, and to this extent some of the objections to
the former Bill have been met. On the other hand, the undesirable principle of the removal
from local authorities of the enforcement of sanitary provisions and their transfer to Factory
Inspectors is retained in the Bill and the provisions as now drafted would not seem to make
for uniformity in administration.
Workshops (factories) in dwelling houses. Dual inspection.
Many workshops, factories under the definition of the Bill, are situate in, or adjacent
to tenement houses, although these workshops are not "in the same occupation" as the part
of the house used for dwelling purposes. The enactment of a measure on the lines of the
present Bill would result in inspection and supervision of part of such houses by the Factory
Inspectors, and part by the local sanitary authority.
Supervision of Drainage work—apart from Factory Law.
Under the existing law all drainage work and the construction or reconstruction of all
sanitary conveniences have to be carried out under the supervision and to the satisfaction of
the local authority; the suggested transfer to the Factory Inspector of control respecting
the sanitary condition of factories would not remove this responsibility but might complicate
this important branch of the work of local authorities by unnecessary overlapping.
Food Factories.
It may also be mentioned that the work carried on in a large number of factories and
workshops is connected with the preparation, manufacture, or packing of various foods.
The supervision of such places so far as the food is concerned is a responsible duty of the
local authority; it would seem desirable that the sanitary conditions under which the work
is done should remain under the control of the authority responsible for securing the purity
of the food.
The Bill admits this principle to the extent of providing that the Section respecting
underground bakehouses is to be administered by the local authority, but on the other hand
the section dealing with other underground workshops now extended to include places where
food is prepared for human consumption, is to be administered by the Factory Inspector.
This is much to be regretted.
Bill creates startling precedents.
It appears to be a matter of very considerable importance that the sanitary authority
should be responsible for the sanitation of all places within its jurisdiction.
This is the first piece of legislation which has removed any premises from the sanitary
control of a local authority. With the exception of buildings occupied by H.M. Government
in all branches, the hygienic arrangements of every building in an area comes under the
local Council.
When the Act establishing the Ministry of Health was passed it was contemplated that
all future steps would be in the direction of unifying and concentrating the duties and powers
concerning public health under the public health authority. In 1921 certain duties relating
to health enacted under the Factory and Workshops Act, 1901, were transferred from the
Home Office to the Ministry of Health; at this time an official circular stated that:—"it
seems to the Minister that the enforcement of the provisions relating to bakehouses can better
be undertaken locally than centrally, especially as the work is of the same character as that