yOUNg vOlUNtEERS bARREd by ‘ObScURE’ 1920 lEgiSlAtiON
Preserved railways are ‘having to turn away’ under-16s, say managers – Parliament lobbied.
An employment law dating back almost a century is preventing young people from volunteering on steam railways, the All-Party Parliamentary Group on Heritage Rail has discovered.
In its report ‘Engaging the Next Generation: Young People on Heritage Railways’, published in July, the cross-party group revealed that recent advice on the Employment of Women, Young Persons and Children Act 1920 “indicates that it precludes young people under 16 from volunteering on heritage railways”. The group is lobbying Parliament to make an exemption for preserved lines. Drawn up to ratify international conventions adopted in 1919 by the League of Nations, the Act’s Section 1(1) states: “No child shall be employed in an industrial undertaking.” The definition ‘child’ is taken to mean under-16s, while ‘industrial undertaking’ includes railways – and the Education (Work Experience) Act of 1973 interpreted ‘employment’ as including volunteers.
Although the Office of Rail & Road has confirmed that it does not intend to enforce the Act, preserved line managers say that they are now reluctant to take on volunteers under 16 – amid concerns that third parties may take action, and that insurers could avoid meeting claims on the grounds that the law is being broken.
Many preserved lines have set up youth groups for volunteers under 16, such as the Bluebell Railway, whose ‘Stepney Club’ caters for members under 8 years old and the ‘9F Club’ for those aged 9-16, the West Somerset Railway’s ‘Trackers’ and the Swanage Railway’s ‘Sygnets’. Ffestiniog Railway General Manager Paul Lewin said that now the implications of the Act were understood, he was “having to turn young people away and was seeing them go elsewhere to find an outlet for their talents and energy.” West Somerset Steam Railway Trust Chairman Chris Austin, who participated in the report, explains: “Quite simply, from the start of the preservation movement, no-one was aware of this legislation which was pretty obscure and under which, I understand, nobody has ever been prosecuted. “About five years ago, it was raised as a question by a volunteer from North Wales and initially, the view was that it did not apply to young volunteers on heritage railways where so many thriving young volunteers’ groups existed. However, continued questioning led the Heritage Railway Association to seek Counsel’s Opinion in 2015 and, much to everyone’s surprise, this advised that the law was still in force and included all types of work on a railway undertaking. “A lot of effort has followed, driven by the HRA to seek greater clarity and explore the possibility of repeal, with Lord Faulkner sponsoring a private member’s bill in the Lords to achieve this, and Rt Hon Nicky Morgan MP, my chairman of the All-Party Group, discussing this possibility with ministers, but so far there has been no indication that this is likely to happen.
“This has already had an effect in limiting the activities of many youth groups on member railways, including ‘Trackers’ on the WSR. “The 14-16 age group is particularly important as it is often in those years that young people embrace a sport or activity which lasts through until adulthood. If rail loses them at this stage, they will migrate to another activity. “This was clearly not intended by Parliament when the Act was passed in 1920, and the effect of the law is preventing youngsters today enjoying the experience of working on a steam railway that I and many others did 60-odd years ago. It is ironic that youngsters in this age group can handle firearms if they are in the combined cadet force in school, but not fire irons if they want to volunteer on a steam railway. Similarly, extreme sports are lawful, where the risk of injury is quite high, but working as a travelling ticket collector is not allowed. This really does need to be changed.”
●● The All-Party Parliamentary Group on Heritage Rail is a focus for discussion by parliamentarians about heritage railways, the contribution they make to their local and regional economies and the training opportunities involved.