Act belongs to the same category, for it throws upon the employer in
a large number of cases the responsibility for injury done to his
workpeople in the course of their employment.[18] It is clear then
that the State is committed to a principle the maintenance of which
involves responsibilities of the profoundest importance, and for the
carrying out of which in their entirety not only vigilance and a highly
organised staff of trained inspectors are necessary, but close and
scientific acquaintance with various forms of industry, and with the
physiological effects of these various forms upon life and health--in
a word, administrative experience of an extremely high order. And this
brings us to an inquiry as to the administrative efficiency as well as
the legislative symmetry of these great industrial measures.
[18] The Bill recently rejected by the House of Lords contained
a clause enabling workpeople to claim compensation from
employers who had omitted to take reasonable precautions for
securing healthy conditions, in the event of such neglect
injuring their health.
=Reasons for Inefficiency.=--But notwithstanding such admirable
intentions on the part of the State many abuses still thrive amongst
women workers, excessive hours are frequently worked, and hundreds and
thousands of women break down every year or become prematurely old
from overwork, or from the very unhealthy conditions which the Factory
Acts are designed to put an end to. In spite of certifying surgeons
and the code of public health enjoined by the Acts the children who
enter our factories turn out totally unfitted for the strain, and
grow up into half-developed beings or fall victims to some form of
industrial disease. To some the criticism may suggest itself that
these things cannot be cured by Act of Parliament or by encroaching on
the liberty of the individual. However, as modern States have agreed
that the protection of human life is one of the first reasons of their
existence, and as common-sense, to say nothing of humanity, does not
see much to regret in the limitation of the liberty of one class to
inflict grave hardships upon another, such an objection will not take
us much further. Moreover, there is a sufficient explanation of the
comparative breakdown of good intentions without laying the blame
upon Acts of Parliament. The gap between intention and performance,
which is presumably to be found in most of our institutions as well
as in individuals, is in truth not lacking in our protective labour
regulations, and the vaguer the intention the greater the gap. And it
would not be fair to lay the blame for the failure in giving substance
to the Acts altogether upon those who administer them.
Public-domain text, read in full here on John Shaqi.
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