the custody of, or control over, any … child or young person.”
Clause 7, which imposes a penalty for employment of children, young persons, and women, contrary to the provisions of the Act, subjects to fines, not only the occupier of the workshops, whether parent or not, but even “the parent of, or the person deriving any direct benefit from the labour of, or having the control over, the child, young person or woman.”
The Factory Acts Extension Act, which affects the large establishments, derogates from the Factory Act by a crowd of vicious exceptions and cowardly compromises with the masters.
The Workshops’ Regulation Act, wretched in all its details, remained a dead letter in the hands of the municipal and local authorities who were charged with its execution. When, in 1871, Parliament withdrew from them this power, in order to confer it on the Factory Inspectors, to whose province it thus added by a single stroke more than one hundred thousand workshops, and three hundred brickworks, care was taken at the same time not to add more than eight assistants to their already undermanned staff.[1]
What strikes us, then, in the English legislation of 1867, is, on the one hand, the necessity imposed on the parliament of the ruling classes, of adopting in principle measures so extraordinary, and on so great a scale, against the excesses of capitalistic exploitation; and on the other hand, the hesitation, the repugnance, and the bad faith, with which it lent itself to the task of carrying those measures into practice.
The Inquiry Commission of 1862 also proposed a new regulation of the mining industry, an industry distinguished from others by the exceptional characteristic that the interests of landlord and capitalist there join hands. The antagonism of these two interests had been favourable to Factory legislation, while on the other hand the absence of that antagonism is sufficient to explain the delays and chicanery of the legislation on mines.
- ↑ The “personnel” of this staff consisted of 2 inspectors, 2 assistant inspectors and 41 sub-inspectors. Eight additional sub-inspectors were appointed in 1871. The total cost of administering the Acts in England, Scotland, and Ireland amounted for the year 1871-72 to no more than £25,347, inclusive of the law expenses incurred by prosecutions of offending masters.
