Professional Documents
Culture Documents
Education
and Solidarity
in the European
Union
Europe’s Lost Spirit
Sarah K. St. John
European University Institute
Florence, Italy
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For my family: Guido, Lavinia, Giacomo and Giovanni.
And for anyone who needs to have more faith in themselves. The sky is the
limit, so find your wings.
Contents
1 Introduction 1
Structure of the Book 3
Bibliography 10
vii
viii CONTENTS
Disintegration 212
Case Studies 216
Case Study One: The UK’s exit from the European Union 216
Case Study Two: Refugee arrivals in Italy 226
Bibliography 236
Index 279
CHAPTER 1
Introduction
Solidarity has become a question of survival for the European Union (EU)
as it recovers from a decade of crises, only to start the new decade amid
a global pandemic. Global and European challenges, alongside a rise in
populism, have left the establishment of strong EU solidarity struggling,
despite initiatives from within the EU calling to connect with citizens to
strengthen the community. The need to bolster the European project with
deep-rooted solidarity is not a new concept of our times. It was in fact
highlighted as early as the 1948 Congress of Europe in The Hague as a
fundamental necessity for the project’s success. The subsequent European
Cultural Conference of 1949 proposed education as a means to diffuse
the notion of a united Europe. This book tells that story of the European
Movement’s mission to create through education a European spirit to
secure the success of European integration, and how much of that mission
reflected in the Europe of today.
In tracing the development of an EU education policy, which never
managed to be established as a fully fledged area of European compe-
tence, the book draws links between the crisis of solidarity experienced by
the EU today and the difficulties faced throughout European integration
to foster spirit through education. European symbols have been created,
including a European flag, a European patrimony of historic towns and
sites, and a Europe Day, but has it been enough to foster a European
the fields of education and training. The 1980s were peak years for educa-
tion policy, which saw the creation of the Erasmus Programme and new
Education and Training Action Programmes, and the 1990s saw further
restructuring and reforms in Teaching and Learning as steps towards the
learning society. The Lisbon Strategy of the 2000s threw focus onto life-
long learning and the Open Method of Communication. Finally, the last
decade has witnessed ever intensifying activities, especially through the
Europe 2020 Strategy, which has placed education high on the agenda
to reinforce a knowledge economy in Europe. Research has been carried
out through the study of policy papers and EU documentation.
Chapter 5 An intellectual hub for Europe: The College of Europe and
the European University presents the complex creation of these insti-
tutions, the latter of which took almost three decades to establish due
to conflicting interests and the implications of cooperating in education
at European level. The creation of these institutions acts as an infor-
mative case study for demonstrating how European cooperation of the
field of education translates into practice. This chapter traces the Euro-
pean University project from its roots within the European Movement
discussions to the establishment of the European University Institute in
Florence and the College of Europe in Bruges. The chapter is based
on archival research at the Historical Archives of the European Union,
where documentation from the European Movement as well as the Euro-
pean University Institute was consulted. The timeframe reflects the first
discussions on the European University in the framework of the European
Movement until the European University Institute was established.
Such a significant role for education in the early stages of European
integration should have implied an impetus to the development of a
European Community education policy, but this did not turn out to be
the case and education continues to struggle to find its place as a full-
fledged EU competence. Chapter 6 Education: A complicated policy field
unpacks the complexities that surround European-level cooperation in
education. Europe’s founders had underestimated what emerged to be
an area of national sensitivity in which the European Community found
itself negotiating statism to develop initiatives in the field of education.
Tracing the evolution of education as an area of European Community
competence reveals that there are numerous opportunities for spillover to
occur, leaning towards neofunctionalist theory, but policy development
appears resisted. What emerges is that member states appear reluctant
to upload power in matters relating to education when initiatives lean
6 S. K. ST. JOHN
provides the core of the book’s analysis. The European Union has been
facing crises for over a decade, beginning with the economic crisis of 2007
and continuing tough challenges, stemming in particular from migra-
tion, which is at the centre of the European Union’s very raison d’être:
free movement. The political landscape is overwhelmed with a wave of
populism that is increasingly taking more nationalistic stances towards
issues to defend against what are perceived to be influxes of migrants.
Although not limited to Europe, this is questioning the legitimacy of the
European Union.
The chapter draws links between the current political climate, dwin-
dling solidarity and the struggles for achieving fully fledged competence in
education at European level. Deepening Habermas’s link discussed earlier
by between identity, solidarity and facing the current crises, Habermas
provides further theoretical enlightenment in his discourse on learning
processes. He suggests that it is possible to learn our way out of nation-
alism and nation-state-bounded public policies. He makes continuous
reference across his publications to the kind of “learning processes”
on which the European Movement placed considerable emphasis in
generating a form of supranational citizenship, culture and identity. In
particular, Habermas develops the concept of communicative action in a
process of renewing cultural knowledge to achieve mutual understanding,
coordinating action towards social integration and solidarity through the
public sphere.
Crises of the last decade have seemingly led the European Commu-
nity to recognise that education can be adopted as a vehicle to help
overcome the challenges it faces. The 2017 European Commission
communication “Strengthening European Identity through Education
and Culture” (COM(2017) 673) includes points on language learning,
mobility, teacher training and the creation of institutions, and the Euro-
pean Parliament published a report on “Learning EU in Schools”
(2015/2138(INI)). This latter document reflects a response to the
ever-increasing realisation that throughout its existence, the European
Union has not been fully understood. Leaning again on Habermas’s
communicative action, it becomes evident that mutual understanding
between individuals and the European Union will be imperative if Euro-
pean solidarity is to be created. If not, citizens become prey to the
populist movements that do provide—often discrediting—information
about the European Union, or to fake news on policy issues that affect
its relationship with people.
1 INTRODUCTION 9
Bibliography
Amaral, A., Neave, G., Musselin, C., & Maasen, P. (2009). European Integration
and the Governance of Higher Education and Research. London: Springer.
Banks, J. (1982). European Co-operation in Education. European Journal of
Education, 17 (1), 9–16.
Brock, C., & Tulasiewicz, W. (2000). Education in a Single Europe. London:
Routledge.
Corner, T. (2015). Education in the European Union: Pre-2003 Member States.
London: Bloomsbury.
European Commission. (2017, November 14). Communication on European
Identity Through Education and Culture (COM/2017/673).
European Commission. (2018, May 22). Communication on Building a
Stronger Europe: The Role of Youth, Education and Culture Policies
(COM/2018/268).
Field, J. (1998). European Dimensions: Education, Training and the European
Union. London: Jessica Kingsley Publishers.
Fogg, K., & Jones, H. (1985). Educating the European Community: Ten Years
On. European Journal of Education, 20(2-3), 293–300.
Genschel, P., & Hemerijck, A. (2018), Solidarity in Europe (STG Policy Briefs,
2018/01). Florence: European University Institute.
Göncz, B., & Lengyel, G. (2016). Changing Attitudes of Hungarian Political
Elites Towards the EU (2007–2014). Historical Social Research, 41(4), 106–
128.
Gornitza, A. (2009). Networking Administration in Areas of National Sensi-
tivity: The Commission and Higher Education. In A. Amaral, G. Neave, C.
Musselin, & P. Maasen (Eds.), European Integration and the Governance of
Higher Education and Research. London: Springer.
Habermas, J. (1989). The Structural Transformation of the Public Sphere: An
Enquiry into a Category of Bourgeois Society. Boston: MIT Press.
Habermas, J. (2001a). Why Europe Needs a Constitution. New Left Review, N.
11.
Habermas, J. (2001b). The Postnational Constellation: Political Essays. Boston:
Polity Press.
1 INTRODUCTION 11
stated that “the general spirit today is already far more disposed than it
was in the past to a federal reorganization of Europe. The hard experi-
ence of the last decades has opened the eyes even of those who would
not see, and has matured many circumstances favourable to our ideal”.
This mirrored the thinking of Winston Churchill, who already in 1930 in
the Saturday Evening Post, had also suggested that a “European Union”
was possible between continental states. At the end of the war, Churchill
then revived the idea of a “United States of Europe” in a speech at the
University of Zurich in 1946 (Mautell 1998).
Thereafter, Churchill continued to champion European unity through
the Anglo-French United European Movement (UEM), which formed
the origins of the pressure group, the European Movement. The UEM
provided a platform for the coordination of organisations that were
created in the wake of the Second World. It derived from the Inter-
national Committee of the Movements for European Unity (ICMEU),
under which structure it organised a meeting that took at The Hague in
the Netherlands on 7–11 May 1948, commonly known as the “Congress
of Europe”.
The objectives of the Congress of Europe were threefold: to demon-
strate the widespread support that existed for unifying Europe; to secure
an exchange of views and establish agreed recommendations for action
and to provide a new and powerful impetus to the campaign.2 The
Congress wanted to demonstrate that public opinion in support of Euro-
pean unity existed in the free countries of Europe and to discuss the
challenges facing European unity as well as to propose practical solutions
to governments. Lasting three and a half days (or 60 hours), there was
a determination to bridge differences and find a basis on which to join
forces under a common objective in which they all ardently believed.
Presided by Winston Churchill as honorary president, the Congress
of Europe gathered representatives of European as well as international
countries to exchange ideas on the development of a European Union and
discuss the construction of a united Europe. The Congress profoundly
influenced the shaping of the European Movement, which was formally
established soon afterwards on 25 October 1948. The European Move-
ment’s objective was to transform relations between the European States
and its citizens by always placing the citizen at the heart of Community
3 http://europeanmovement.eu/who-we-are/history/.
4 Message to the Europeans adopted at the close of The Hague Congress, 1948 (ME-
421, HAEU).
18 S. K. ST. JOHN
their affairs and so, according to delegates at The Hague, the real problem
in uniting Europe lay in creating a European organisation of supranational
nature. But to talk of a united Europe without conceiving a European
government and a European parliament was far from realistic.5
A vigorous opposition was thus expected from those whose interests
would be adversely affected, and who would therefore seek to mobilise
and misuse patriotic sentiment with the objective of holding back their
governments. In this case, it was considered that if a state were able to
withstand such potential pressures, it would have the solid foundations of
an informed and convinced public opinion that would be ready to face
the challenge of uniting Europe.6
5 The Vital Question, proceedings from the Congress of Europe at The Hague, 1948
(ME-421, HAEU).
6 Verbatim Report, Plenary Session I, Congress of Europe at The Hague, 1948 (ME-
2945, HAEU).
7 The Vital Question, proceedings from the Congress of Europe at The Hague, ME421,
HAEU (1948).
2 EDUCATION AND THE EUROPEAN “IDEA” (1945–1956) 19
Mr. Carandini, delegate for Italy, added in his speech in The Hague that
the aim was to create new common rapports between people who share
Europe as their geographical and spiritual base, adhering to a European
citizenship.14 The General Report of the European Cultural Conference
later highlighted that it was necessary to outline a new political frame-
work for Europe that was inspired by spiritual and cultural considerations
in addition to its more obvious political considerations. The European
Cultural Conference aimed to provide this definition and to show that
culture cannot only be of practical assistance to initiatives in other fields
that seek to achieve European unification, but that European unifica-
tion itself is also essential for the survival of European culture in all its
rich diversity.15 However, conference delegates had to consider a balance
between respecting the freedom of the mind, and recognising the respon-
sibilities that go with it. The notion of “culture in the service of European
unity”, which underlines responsibilities, is different to “a united Europe
in defence of culture”, which indicates the way freedom of the mind can
be safeguarded from the dangers that threaten it.
The conference could at least begin by taking stock of the status
quo of culture in Europe, the difficulties hampering its development and
12 Speech of Dr. Henri Brugmans, Congress of Europe at The Hague, ME421, HAEU
(1948).
13 Speech of Dr. Henri Brugmans, Congress of Europe at The Hague, ME421, HAEU
(1948).
14 Speech of M. Carandini for the Congress of Europe at The Hague, plenary session
II. ME421, HAEU (1948).
15 General Report of the European Cultural Conference, ME531, HAEU (1949).
2 EDUCATION AND THE EUROPEAN “IDEA” (1945–1956) 21
the dangers threatening to destroy it. Accordingly, the two main ques-
tions forming the basis of the discussions were on “the material and
moral conditions of cultural life in Europe” and secondly, a considera-
tion for “institutions and reforms”, with a view to developing a European
outlook.16 The initiators of the Congress considered culture to be some-
thing other than an “ornament, an elegant mask, a pretext for some
phrases”. They realised that perhaps the average person believed the only
serious reasons for wanting the union of Europe might be for its political,
economic and purely material elements, and that the European notion of
man, of his culture, and sense of life could be addressed later. However,
as De Rougement proclaimed during the Congress, culture expresses the
human sense of political and economic life, and whatever the commission
achieves, it should be the awakening of a European conscience.17
The delegates of the Congress of Europe were aware that Europe’s
cultural unification would be complex and would need to be a progres-
sive process. Through the cultural optic, unification would be hindered
by the different dictatorships and totalitarian regimes, against which the
European spirit had to be defended, and which had tried to act on culture.
There was a danger that cultural activities would be seen to support
political ideas and act as political propaganda.18 The question was how
cooperation could be possible between sets of people whose cultural views
differ so sharply. De Madariaga pointed out that political and economic
attributes were not missing from Europe, but if the Europe they envis-
aged were to exist and such diversity were to be overcome, Europe had
to exist in the hearts of the citizens.19
The need is apparent, everywhere. Everyone is perfectly well aware that the
creation of a European Union depends in the first place on the creation,
through education, of a responsible elite of young people trained in a
supranational spirit.22
And
To take the mission seriously, calls for a vigilance which the intellectuals
of free countries must, more than ever, feel incumbent on them. They
must never cease to remind governments, politicians, social legislators and
experts that there are spiritual principles which must not be overlooked in
practice if Europe is to maintain its right to exist and its autonomy.23
Youth Engagement
A key to the success of a united Europe was seen in the engagement
of young people. It was discussed prior to the creation of the European
Youth Campaign by the European Movement within the framework of
a series of initiatives involving the youth. According to Gerold Meyer,26
appealing to the European Movement in a proposal for Strasbourg to
become the “City of European Youth”, Europe had to be an attrac-
tive prospect for young people, who should collaborate on and drive
forward the construction of a new Europe that would develop with them
and for them. He suggested that young people had to rid themselves of
their indecisiveness and favour collaboration between nations.27 With the
aim of creating a form of true European solidarity in the youth genera-
tion, a proposal for the organisation of an international meeting between
leaders of youth movements and organisations had the aim of discussing
the theses of the construction of Europe, including the trend of new
education in Europe: European university training.28
and political education); social justice (the needs of man) and cooperation
would result in future trust.31
The European Youth Campaign wanted to organise a demonstration
so that young people could gain a conscience of the European reality
and attract the attention of European opinion on the questions of youth.
A demonstration would create a kind of humanitarian solidarity among
young people, in which they could find European harmony between
people, groups and countries with a common European reality, in the
balancing of varying ideologies. Moreover, the organisation of a Euro-
pean Youth Conference in June 1951 and a “Summer of Youth” in 1952,
aimed to make young people conscious of their common responsibility,
especially at the European level.32
There are too many intellectuals and scholars who do not pass on what they
learn and the educators, teachers, whatever the degree of their teaching,
they have a task. Those who have the mission of teaching should not
be content with only explaining what is in the books, he should have
spirit, moral dignity and the conscience of man, marked deeply with what
prepares him for life.33
for a new form of cultural relations that were more in line with the new
social and economic conditions.39
In other areas across Europe, activities included a Summer School
on European Studies established in 1939 at the University of Zurich. It
drew on faculty from across Europe and addressed contemporary Euro-
pean culture and its relations with that of other continents.40 In addition,
an enquiry into existing cultural cooperation in Europe highlighted that
within Holland’s ten university institutions, cultural conventions had been
concluded with Great Britain, France and Belgium. At the time, conven-
tions were also being prepared with Luxembourg, South Africa and Italy.
The equivalence of degrees was also being discussed with Belgium and
France, with concrete results yielded with the former.41
Luxembourg had no university institution and was therefore forced
to seek cooperation in this field from outside its borders. Students
who wanted to follow an academic career took a one-year advanced
course at an institution in Luxembourg, which was equivalent to one
year at university. There were 60 students and twelve professors on the
course, and students then attended a foreign university if they wished to
continue an academic career. Luxembourg developed cultural agreements
with Belgium, France and the US and preparations were underway for
agreements with Holland and Great Britain.42
Delegates at the European Cultural Conference identified a need to
supervise and direct the exchanges taking place to ensure that part-
ners were fully respecting their obligations, thus guaranteeing parity
between the universities and schools that participated in the network.
It was proposed that a European Commission for University and Study
Exchanges might be instituted for this purpose.43 When established, this
commission would be responsible for studying the status quo of existing
cultural exchanges, of the restrictions that paralyse such exchanges and
44 Note sur les échanges culturels européens, Congrès de Lausanne, ME537, HAEU
(1949).
45 Préparation à la conférence Européenne de la culture, Proposals for a European
Education by Prof. Anne Siemen, European Cultural Conference, ME540, HAEU (1949).
46 General Report, Congrès de Lausanne, ME531, HAEU (1949).
47 Suggestions brought to the European Cultural Conference by the French Cultural
Committee for a United Europe, ME540 (1949).
48 Resolutions prise par le comité sur l’éducation: Educational Committee Resolution,
Congrès de Lausanne, ME531, HAEU (1949).
30 S. K. ST. JOHN
be translated into concrete language rather than the empty words young
people had been hearing until then.56
With this in mind, in February 1949, the European Movement opened
a “Bureau d’Études” (Bureau of Studies), which would consolidate the
scattered initiatives to develop European awareness by creating small
working groups.57 The delegates of the Congress of Europe in The
Hague had proposed the creation of a European Cultural Centre58
(which eventually replaced the Bureau of Studies) with the aim of:
collecting information on cultural forces in Europe; coordinating the scat-
tered efforts in the field of culture and taking all initiatives that aimed to
develop a European awareness among the people, to express it and to
illustrate it.59
The European Cultural Centre, as described at the Congress of
Europe, aimed to encourage the awakening of a European conscience at
a time when no other institution had the means to. It would give a voice
to European conscience and maintain the network of Western culture,
promoting the sentiment of the European community through institutes
of education. Established independently of all governmental supervision,
it would promote the free circulation of ideas and facilitate the coor-
dination of research, support the efforts of the federation of European
universities and guarantee their independence with respect to their states
and political pressures. It was also suggested that a Centre could be the
means to a future international university.60
Some believed a European Cultural Centre would create a kind of
European supranationalism, blocking out the voices of the nations, but
the Congress of Europe advised that it would not. Neither would it
compete with the universities that believed they were the cultural centres.
In fact, it was proposed that the creation of the Centre could begin
with the setting up of European sections in existing universities, followed
= 24,192 lbs.
= 10 tons 16 cwt.
which is the safe load required.
To find the sectional area of a cylindrical beam square its diameter
and multiply by ·7854.
The effect of fracture of a member of a scaffold depends upon its
cause and upon the importance of the member destroyed.
If the fracture is caused by a live load, say a heavy stone being
suddenly placed over a putlog, it is probable that the suspending
rope, if still attached, would prevent more damage being done. If the
fracture arose from an increasing dead load, say a stack of bricks
being gradually built up by labourers, the mass would probably tear
its way through all obstructions. Nevertheless, the entire scaffold, if
well braced and strutted, should not come down, the damage
remaining local.
The result of fracture of a standard under direct crushing would be
somewhat different, as, providing that the scaffold is rigid, the greater
strain thrown upon the ledgers, due to the increased distance
between supports, would probably cause them to fracture. In this
case the damage would probably still remain local. If, owing to the
fracture, the effect of the bracing were lost, the whole scaffold would
probably fail, as shown in the chapter on Stability.
It should be noted that the ledgers, together with the putlogs when
fixed at both ends, apart from carrying the loads, have an important
effect upon the standards, as, when securely connected, they divide
the uprights into a series of short posts, thus dispelling any likelihood
of failing by flexure.
CHAPTER X
Fig. 138
Put briefly, the principal of these precautions are:
Ladders should rise at least 6 feet 6 inches above the top platform
they serve.
If the ladder is too short for this height to be allowed, a T piece as
fig. 138 should be fixed across the top of the ladder to give warning
to the workman that he has no higher hand hold.
Ladders above 25 feet in length between foot and rest should be
stayed in the centre to prevent sagging. The stay should be a
wooden shaft with an iron clip. By clipping the rung as shown in fig.
139 they do not meet the workman’s hands and feet when climbing.
The same effect is gained when the top of the ladder rises
considerably above the point of rest, by staying as shown on fig.
140.
Fig. 139
Fig. 140
Ladders should have a level footing and be firmly tied to the point
of rest.
Working platforms should be fitted with guard rails along the
outside and at the ends, at a height of 3 feet 6 inches from the
platform. They may be temporarily removed for the landing of the
workmen and material, although it is not always necessary to do so
in the latter case.
Fig. 141
If a well is left in the working platform through which to hoist
material, the opening should be guarded with rails as for the outside
and ends.
A well hole, if likely to be of permanent use, should be fitted with a
hinged flap door, that can be shut down as required.
Boards on edge should be fitted on the outside and ends of
working platforms, and should rise above the platform at least 7
inches. This will allow of a 9-inch board being used standing on the
putlogs. They should not be fixed near ladders where the workmen
land. Additional boards should be placed at the back of any stack of
bricks or other material in order to prevent it falling off the scaffold.
Fig. 142
Edge boards are usually nailed to the standards. On exposed
situations it is better to tie them, as the wind, continually acting on
their surface, will in time draw the nails.
Platform boards, when lapping, frequently lose their place, being
kicked by the workmen during their progress about the scaffold.
When this happens the boards assume the position shown on fig.
141, and what is known as a trap is formed. The danger of a trap is
shown on fig. 142.
Fig. 143
Platform boards to be safe from tilting, should not project more
than 6 inches beyond the putlogs. At this distance the weight of the
workman is most over the putlog, and even if he stood on the
extreme edge, experiments have shown that his weight is more than
counterbalanced by the weight and length of an ordinary board.
Where scaffold boards are used as a means of communication
between one part of the scaffold and another they should be laid in
pairs, so as to form ‘runs’ at least 18 inches wide. To prevent
unequal sagging they should be strapped on the under side. It would
be better to have properly constructed gangways and most decidedly
safer.
‘Bridging runs’ for barrows are usually three boards wide. Five
boards wide is better, and, as previously shown, they should be
joined to prevent unequal sagging.
Centering should be carried on supports which rise from a solid
foundation (fig. 143). The practice of trusting the supports to keep
their position under pressure from the stay a (fig. 144), or by being
spiked to the new work, is to be regretted, as the only reason for its
use is to effect a very slight saving of timber.
Fig. 144
Fig. 145
The various knots, tyings, marryings, &c., should be carefully
watched, as, if used in a damp condition, the cordage relaxes
considerably when drying. The scaffolder should have instructions to
examine carefully all cordage in use and tighten the same as
required.
The use of sound plant should be insisted upon. Defective plant
should be at once marked, so that its use cannot be unknowingly
continued.
Only the scaffolder or his assistant should be allowed to erect,
alter or adapt the scaffolding for its different purposes. Many
accidents, again, occur owing to the scaffolding having been altered
during a temporary absence of the mechanic, and the reconstruction
not having been made safe by his return. This most frequently
happens when the scaffolding is not under the charge of one
responsible person.
No working platform should be used by the mechanic until its
construction is complete. Sufficient plant should be on the job to
enable this to be done without disturbing the platform already in use.
Scaffolds should not be heavily loaded. Apart from the risk of the
timbers failing, the weight, in the case of the bricklayers’ scaffold,
has a bad effect upon the new work.
Fan guards, as shown on fig. 145, are usually erected in urban
districts to safeguard the public from falling material. There is no
reason why, for the safety of the workmen, they should not be
always fixed.
Due care should be exercised by the workmen themselves, and
observance made to the unwritten rules of experience.
The following instance is given as an illustration of what is meant.
Fig. 146
A scaffolder requiring a pole carried it from point a on fig. 146 to
point b. He carelessly carried it upon his right shoulder, and in
turning the corner the pole hit against the standard c, the recoil
knocking him off the scaffold. If he had carried the pole on his left
shoulder he would have fallen inwardly on the boards, and his life
would not have been lost.
CHAPTER XI
CORPORATION OF LONDON
APPLICATIONS
REGULATIONS
The Inspector of Pavements is to report in the application book the
time he thinks needful for the scaffold to be licensed; the license is
then to be made out, and the conditions entered in the book by the
Engineer’s Clerk.
If there is disagreement between the applicant and the Inspector,
as to the time needed, the Engineer will decide.
No scaffold is to project beyond the foot-way pavement where it is
narrow, nor more than 6 feet where it is wide enough to admit of
such projection; any deviation on account of special reasons is to be
stated upon the license.
No scaffold is to be enclosed so as to prevent passengers passing
under it.
The lower stages of scaffolds are to be close or doubly planked;
each stage to have fan and edge boards, and such other precautions
to be taken as the Inspector of Pavements requires, to prevent dirt or
wet falling upon the public, or for the public safety.
No materials are to be deposited below any scaffold.
Where practicable or needed, a boarded platform, 4 feet wide, and
as much wider as may be necessary for the traffic, with stout post
rails, and wheel kerbs on the outside of it, are to be constructed
outside the scaffold, as the Inspector may direct.
Where it is necessary in the public interest, applicants shall form a
gantry, stage, or bridge over the public-way, if required, so as to
allow the foot passengers to pass beneath it. The gantry is to be
double planked, and so constructed as to prevent dust, rubbish, or
water falling upon the foot passengers, and the licensee shall keep
the public-way beneath it clean to the satisfaction of the Inspector.
Scaffolds are to be watched and lighted at night.
All fire hydrants must be left unenclosed in recesses formed of
such size and in such manner as may enable the hydrant to be
easily got at and used.
Public lamps are not to be enclosed without the permission of the
Engineer. When such enclosure is permitted, the applicant shall put
a lamp or lamps temporarily outside the scaffold, so that the public-
way may be properly lighted.
The licensee shall undertake to employ and pay the Contractors to
the Corporation to make good the pavements, lamps, and all works
disturbed, to the satisfaction of the Engineer.
Licenses are not allowed to be transferred.
Other cities have similar regulations, but are not generally so
complete in detail.
The above Act applies to Scotland only, and the section mentioned
first is carried out only so far as it affects the safety of the public at
large.
BUILDINGS
It will be noticed that the provisions of the Act are more stringent
for buildings which are being constructed or repaired by machinery,
and that these buildings come within the provisions of the Act
whether or not they exceed the limit of 30 feet.
The provisions of the Act as mentioned in the beginning of this
section have been embodied in the following abstract, issued from
the Home Office, January 1902.
Form 57.6
January 1902.
FACTORY AND WORKSHOP ACT, 1901
Abstract of the provisions of the Act as to
Superintending
Inspector of Factories
H.M. Chief Inspector of ARTHUR
WHITELEGGE,
Factories Esq., M.D.,
Home Office, London, S. W.
Certifying Surgeon
Certain provisions of the Factory and Workshop Act, including
those which are stated below, apply as if any premises on which
machinery worked by mechanical power is temporarily used in the
construction of a building, or in structural work in connection with a
building, were a factory, and as if the purpose for which the
machinery is used were a manufacturing process. For the purpose of
the enforcement of those provisions, the person so using (by himself,
his agents, or workmen) any such machinery is deemed to be the
occupier of a factory.
In the case of buildings over 30 feet in height, which are being
constructed or repaired by means of scaffolding, paragraphs 4 and 6
apply in like manner, whether machinery be used or not; and for the
purpose of their enforcement the employer of the persons engaged
in the construction or repair is deemed to be the occupier of a
factory.
The provisions stated below apply also to any private line or siding
used in connection with a building in course of construction or repair
as above.
Dangerous 1.—If any part of the ways, works, machinery, or plant
Machinery (including a steam boiler) is in such condition that it
or Plant. cannot be used without danger to life or limb, a Court of
Summary Jurisdiction may, on complaint of an
Inspector, make an order prohibiting it from being used,
absolutely or until it is duly repaired or altered.
Dangerous 2.—If any machinery, plant, process, or description of
Processes. manual labour is dangerous or injurious to health, or
dangerous to life or limb, regulations may be made by
the Secretary of State.
Steam 3.—Every steam boiler must (a) be maintained in
Boilers. proper condition, and (b) have a proper safety-valve,
steam-gauge, and water-gauge, all maintained in
proper condition, and (c) be thoroughly examined by a
competent person every 14 months. A signed report of
the result of the examination must be entered within 14
days in a Register to be kept for the purpose in the
premises (Form 737).
Accidents. 7)4.—When there occurs in the premises any accident
which causes to a person employed therein such injury
as to prevent him on any one of the three working days
next after the occurrence of the accident from being
employed for five hours on his ordinary work, written
Notice (Form 437) must be sent forthwith to H.M.
Inspector for the district.
5.—Every such accident must also be entered in a
Register to be kept for the purpose in the premises
(Form 737).
6.—If the accident is fatal, or is produced by machinery
moved by power, or by a vat or pan containing hot
liquid, or by explosion, or by escape of gas or steam,
written Notice (Form 437) must also be sent forthwith to
the Certifying Surgeon for the district.
Returns. 7.—If so required by the Secretary of State, a return of
the persons employed must be sent to H.M. Chief
Inspector of Factories at such times and with such
particulars as may be directed.
Powers of 8.—H.M. Inspectors have power to inspect every part of
Inspectors. the premises by day or by night. They may require the
production of registers, certificates, and other papers.
They may examine any person found in the premises
either alone or in the presence of any other person as
they think fit, and may require him to sign a declaration
of the truth of the matters about which he is examined.
They may also exercise such other powers as may be
necessary for carrying the Act into effect. Every person
obstructing an Inspector, or refusing to answer his
questions, is liable to a penalty.
The limiting height of 30 feet has been inserted for the reason,
apparently, that it was not considered desirable to bring those minor
accidents which might reasonably be expected to occur on the
smaller buildings into notice.