Rachel Woods
North Down · Green Party · Northern Ireland
“We have to get it right, but we are not starting from scratch. We only have to look across the water or down the road to the public and private sectors that already offer that type of leave. <BR /> <BR />I now turn to the comments of other Members.”
“<BR /> <BR />It is time to end the coercive control that criminal gangs have over our communities. Victim and survivors' voices must be heard and reflected in our laws and policies. Minority groups should not be sidelined or silenced. We need to educate from a very young age.”
“There is no direct cost to employers from safe leave, and it is needed to deal with the issues related to abuse. We need to destigmatise abuse and tackle root causes, misogyny and toxic masculinity. <BR /> <BR />I agree with Mr Weir's comments. We should not need to have the protections in place.”
“I thank every Member who spoke during the debate for their comments and support for the Bill. I will address the Minister's comments first. I thank him for being here, and I am glad that he is feeling better. <BR /> <BR />The Assembly cares, and we need to work constructively together to help.”
“<BR /> <BR />As I said at Second Stage, period poverty must be viewed through the lens of children's rights and how the Bill meets our obligations under the United Nations Convention on the Rights of the Child (UNCRC).”
“<BR /> <BR />I take this opportunity at Final Stage to thank officials and members of the councils who took the time to discuss with me their policies, the background to them and how they are working in practice: thank you for everything that you are doing for your staff, and I hope that, should the Bill pass, your regional Parliaments an…”
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“The Green Party Northern Ireland strongly objects to the obsolete and inhumane practice of hunting wild animals with dogs. We have been at the forefront of objecting to it for many years. In 2010, then MLA Brian Wilson introduced legislation to adopt the same prohibition on hunting foxes with horses that was introduced in England, Scotland and Wales. It was disappointing that that Bill did not pass. I have to say that the Official Report of that debate makes for some interesting reading, especially because many of the same arguments have been made again today, a decade later. Those arguments are still found wanting. They do not reflect public opinion. It is important that Members reflect on that. If anything, public opinion against hunting has only increased.”
“I thank the Member for his intervention. I welcome his contribution. I also welcome his party's support for all minority rights issues going forward in the House.”
“Unsurprisingly, on behalf of the Green Party, I support the Bill's passing its Second Stage. I thank the Member for introducing it. Sadly, as we have learnt, Northern Ireland is the only part of the UK without a ban on hunting with dogs. The outlawing of those horrific practices is long overdue. Hunting with dogs is cruel and unnecessary. The hunted animal suffers immeasurably.”
“I thank the Minister for her answer. Saturday week ago, I attended the Northern Ireland Youth Forum's Have Your Say Day on education, where we heard directly from young people about uniform policy and about their not having the choice to wear trousers and being forced to wear skirts, for example. Will the Minister commit to ensuring that student voices are heard and that pupils have an active part in the creation of school uniform guidance in schools?”
“I believe that the Bill will go some way towards achieving that.”
“Many businesses are providing great support to their employees and workers, but others are not. That is what the Bill is for. It will provide a level playing field. <BR /> <BR />The Minister also discussed other measures and a Department for Business, Energy and Industrial Strategy review. Workplace interventions that do not come from legislation will be key to this. I encourage and support all measures being taken that can be taken. I see the Bill dovetailing with other measures that are being introduced anyway. <BR /> <BR />I understand that Members have a considerable number of questions and I very much look forward, should the Bill pass its Second Stage, to engaging further with the Committee as it conducts its scrutiny. As a society, we must do all that we can to stop domestic abuse and support victims and survivors.”
“I thank the Member for her intervention. I completely agree with that. Having that support will definitely add to people's confidence. They will also know that that safety net is there, whether or not they need it or want to use it. It is about just having it. That came through greatly in the consultation responses, with people making comments about how they would really want their employers to have something like that in place. That is quite clear, especially when we see workplaces and employers implementing domestic abuse policies. They are recognising how much it impacts on them. <BR /> <BR />The Minister talked about employers in Northern Ireland who are sympathetic. To clarify, I was in no way suggesting that all employers in Northern Ireland are not sympathetic.”
“I again point out the Australian research that shows that, out of 102 employers that introduced a form of paid domestic violence leave in 2014, two thirds had never had any leave requested by employees. A further 2016 study suggested that only 1·5% of female employees and 0·3% of male employees were likely to utilise paid domestic violence leave provisions in any given year. I recognise that the take-up of safe leave will be low. Obviously, there are issues of awareness that are a part of that, but it is a fact that the experience elsewhere demonstrates that that kind of leave is used by those who need it. We need to remember that. <BR /> <BR />He also —”
“<BR /> <BR />Stephen Dunne spoke about the domestic abuse that goes unreported. I agree that we need to instil confidence in people to speak out. He also mentioned the financial implications for small businesses. I reiterate that we cannot detach the costs from the benefits. There are already significant costs to businesses as a result of domestic abuse. Therefore, taking proactive measures to tackle it will benefit them. Many in the private sector have already recognised that and are implementing safe leave policies. <BR /> <BR />Mr Carroll thanked the incredible people who help and support victims of domestic abuse. I completely support his comments. He also highlighted the gendered nature of this. That must be recognised. <BR /> <BR />The Minister also raised the cost implications for small businesses.”
“Keith Buchanan raised some issues about the wider implications for employment law and who would be considered victims. He said that the procedural requirements will be highly sensitive and will need to be considered carefully. I agree wholeheartedly that we need to avoid re-traumatising victims. <BR /> <BR />Linda Dillon reiterated the need to do everything that we can to support victims of domestic abuse, and she said the Bill could make a real difference. Sinead McLaughlin, too, highlighted the need for a violence against women and girls strategy. Both Members also commented on RSE. Members will know that I completely agree with their comments on healthy relationships and the need for mandatory, comprehensive RSE for our children and young people. Sinead and Linda also highlighted the need for employees to be treated fairly and equally.”
“He mentioned the statistics, and we should all bear those in mind. The figures are stark, and we must do more to address that problem. Stewart Dickson also said that he is keen to explore the scope of the Bill when it comes to victims of sexual assault. Again, I am open to considering that and exploring it further.”
“The Bill, under proposed new article 112EE "Chapter 4: supplemental", gives the Department considerable scope to ensure that the regulations include provision to keep all employee records confidential and set minimum standards for requirements. However, as I have said, should the Committee wish to have something specific on confidentiality in the Bill, I am open to discussing it. <BR /> <BR />I also welcome Linda Dillon's comments that victims and survivors should feel that they are able to speak up, speak out and seek help. <BR /> <BR />Robbie Butler talked about how the Bill had the potential to save lives by providing the space for victims to seek safety.”
“<BR /> <BR />Peter Weir described the extreme cost of domestic abuse in the number of lives lost. He recognised that, if we introduce safe leave, we will be leading the way across these islands. That is exactly what we should be doing. <BR /> <BR />Mr Weir and Mr O'Toole also touched on the distinction between primary and secondary legislation and the balance to be struck. The Bill does that. It reflects the key principles of what we want to implement while giving the Department flexibility to develop regulations. <BR /> <BR />Mr Weir, Mr Buchanan and Mr Dickson raised issues of confidentiality, and that is extremely important.”
“She also recognised that costs would be offset by benefits, and, again, I totally agree: that is clearly what the experience elsewhere indicates. <BR /> <BR />I welcome the Chair, Mr Butler, Mr O'Toole and Mr Dickson's comments on expediting the Bill's passage through the Assembly. I also agree that we can and must ensure that the Bill becomes law before the end of the mandate. <BR /> <BR />Jemma Dolan raised a valid point on training and awareness in the workplace on domestic abuse. Employers and workplaces should be able to recognise the signs of abuse. Employer training came up in the consultation, and there are some very good guidance documents available for workplaces, and a lot of good training goes on in them. Many have their own policies in development.”
“Victims and survivors of domestic abuse face the same struggles, and it does not matter who they work for. Everyone should be entitled to the same level of help and support. <BR /> <BR />The Bill addresses the current inequality by creating a new legal entitlement to safe leave that will apply across the board, both to workers, that is, those without a formal contract, and employees. I will not repeat my opening remarks in which I set out the rationale and principles of the Bill, but I want briefly to address some of the comments and questions from Members and the Minister. <BR /> <BR />The Chair of the Economy Committee mentioned that the Committee had previously expressed support for the principle of safe leave, and I very much welcome that.”
“I thank all the Members who contributed to the debate over the past hour and a bit. I am very grateful for the support that has been expressed from every corner of the Chamber as it, rightly, reflects the strength of feeling regarding the issue of providing paid leave for victims and survivors of domestic abuse. That was evident from the public consultation as well. <BR /> <BR />One of the most striking questions that I was asked repeatedly when I was consulting on and developing the Bill and engaging with people was, "Does this support not exist already?". The answer, of course, is that, yes, it exists, but only for a limited number of workers. At the moment, your right to safe leave depends on who you work for, and that should not be the case.”
“<BR /> <BR />We have a unique opportunity, as the days remaining in this mandate begin to dwindle, to pass legislation that will save lives and help and support victims and survivors who suffer daily from the effects of abuse and that has the potential to transform people's lives for the better. Let us grasp the opportunity to send a strong, unified message from the House that we will not tolerate abuse and that we will help you.”
“To my family, to my team, in particular my researcher, to my party colleagues and to everybody who has listened to me talk at length about the Bill for the past 18 months, I say thank you for your support. I also thank the Assembly staff, the Bill team, the legislative drafter, the trade unions; and all the organisations — Women's Aid, the Men's Advisory Project (MAP), Victim Support and the women's sector — to which we owe a huge debt of gratitude for the work that they do. Finally, I thank the Committee for the Economy for allowing me to present to it last week. I am grateful to the Minister for the Economy, the Minister of Finance and all the departmental officials who spared time to meet me to discuss the Bill.”
“It also noted that the costs to employers associated with those payouts were likely to be largely or completely offset by the benefits to employers from the provision of paid domestic violence leave. Over one million workers in Australia already have access to safe leave through their employer. The private sector there has led the way, which demonstrates the clear benefits to business and the economy, and there are now moves to put it on a statutory footing. The minor recurring costs to the Department will be from reporting on the operation of the law and monitoring the effects of the regulations, including on issues of compliance. <BR /> <BR />I urge all Members to support the Bill's passage at Second Stage. I thank everyone who has played a part in getting the Bill to this point.”
“In my view, which is based on the evidence and research in that area, as well as on the experience overseas, any associated costs would be offset by the benefits. We know that victims and survivors are desperately trying to manage their circumstances without support through absence, statutory sick pay, unpaid leave and so on. We also know that the lack of support — the status quo — is costing businesses a huge amount in lost output and reduced productivity. <BR /> <BR />In 2016, research by the Australia Institute's Centre for Future Work suggested that only about 1·5% of female employees and around 0·3% of male employees were likely to utilise paid domestic leave provisions in any given year.”
“Safe leave is a statutory employment right in the Philippines, New Zealand, Italy, parts of Canada and the US, and over a million workers in Australia have access to it. Some councils in Scotland and Wales and companies in the private sector, such as Vodafone and Danske Bank, have introduced it in the UK. The Irish Government are due to publish their proposals to legislate for that kind of leave very soon. <BR /> <BR />I recognise that it will be an employer's responsibility to provide safe leave and that costs will be involved. However, we should not detach the costs from the benefits. We need to recognise the interrelationship between the social cost to victims and the financial burden on employers, not to mention the cost to the state.”
“Indeed, it might be a matter of life and death. <BR /> <BR />The Bill is deliberately drafted to be simple and clear and to give the Department an appropriate degree of flexibility to develop the regulations. That is important to ensure that we can introduce this kind of leave as soon as possible. The regulations will require the approval of the Assembly, and there will be a very important role for Members to scrutinise them when they are tabled. The Bill also requires the Department to provide guidance about safe leave and to report on and monitor the effectiveness of the regulations. <BR /> <BR />It is long past time that we in Northern Ireland caught up with international best practice and standards for dealing with domestic abuse and its impact on workers and businesses.”
“As a society, we must address and dispel the culture of disbelief around abuse. Disclosure is immensely difficult, and requesting this kind of leave is an incredibly hard thing to do for someone who is suffering in horrible circumstances. Imagine that person is you: filling in the leave request form and then being asked to prove it. We do not need to put in place any other hurdles or hoops to jump through in order to access safe leave. The process should be as simple and quick as possible, just as it is for other forms of leave. <BR /> <BR />Safe leave is to be a day one right. In other words, it will not require a probationary period before entitlement is granted. That is essential to reflect the fact that victims and survivors do not decide when and how the abuse happens. They may require support at any time.”
“Another respondent provided an example of how mental health issues arising from domestic abuse caused "enormous stress and upset" when they had to disclose treatment and request a "fit for work" letter from their doctor in order to start a new job later in life. That respondent explained:”
“Through the public consultation process, we heard that from victims and survivors loudly and clearly. I quote from one respondent who said:”
“The regulations to be tabled by the Department may make supplementary provisions, including enabling employers to attach conditions to the entitlement of safe leave. For example, an employee may be required to give notice where it is practicable and possible to do so. <BR /> <BR />Proposed new article 112EE of the Employment Rights (Northern Ireland) Order 1996 would give the Department considerable scope to develop regulations on "notices", "records" and "procedural requirements", including on the consequences of failing to comply with such requirements. However, there is no requirement in the Bill for workers or employees to provide proof that they are victims. That is crucial because doing so would present a substantial barrier to accessing safe leave.”
“<BR /> <BR />Proposed new article 112EA(5) of the Employment Rights (Northern Ireland) Order 1996 gives a non-exhaustive list of the things that safe leave might be used for, including "finding alternative accommodation", seeking healthcare or social security support, "protecting family members" or getting "legal advice". <BR /> <BR />Proposed new article 112EA(6) of the Employment Rights (Northern Ireland) Order 1996 would ensure that employees would be entitled to a minimum of 10 days' leave each year. Should an employer wish to exercise their discretion and offer a greater allowance or flexibility when an employee uses 10 days and needs more, there is nothing to stop them from doing so.”
“The person engaging in abusive behaviour must be "personally connected" to the victim. <BR /> <BR />Proposed new article 112EA(3) of the Employment Rights (Northern Ireland) Order 1996 makes it clear that the reference in the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 to "a course of behaviour" can be "disregarded" for the purposes of safe leave. That is important because safe leave is partly a protective measure and should be responsive to a single incident. For example, if a victim suffered a very serious injury or was subjected to extreme mental or emotional abuse on one occasion, they would still have the right to safe leave. The victim may be looking for help due to the harm that they suffered, and they may be thinking, "I need to get out of here. My life is at risk".”
“Section 1(2)(a) of that Act describes abusive behaviour as that which:”
“to paid leave. The term "safe leave" is a growing international concept to describe paid time off work that is used to deal with issues related domestic abuse, which is why it is used here. <BR /> <BR />Proposed new article 112EA(2) of the Employment Rights (Northern Ireland) Order 1996 explains:”
“The Bill will address the current inequality between those who have access to support and those who do not. <BR /> <BR />I will turn to the specifics of the Bill. Clause 1 inserts a new Chapter 4 into Part III of the Employment Rights (Northern Ireland) Order 1996, entitled, "Domestic Abuse Safe Leave", which requires the Department for the Economy to:”
“<BR /> <BR />A large number of respondents used the space to reflect, in comments and from personal experience, on how financial support is a huge factor for those who feel that they cannot leave an abusive relationship. Others explained that many of the things involved in changing circumstances and leaving the abusive relationship are highly demanding and require time during normal working hours. Those are issues like childcare, court and legal appointments, which add to the mental and financial strain of the situation when victims and survivors are already trying to hold down a job. <BR /> <BR />One respondent noted how the lack of support in work led to attempted suicide, and many who identified as victims and survivors of domestic abuse explained that they had to leave their jobs or were unable to access help because of work.”
“Key findings include that 96% of those who replied believe that paid leave for victims and survivors of domestic abuse should be enshrined in law; 90% agreed that those victims and survivors face barriers to accessing support services because of work; 98% said that they are concerned about how seeking help and attempting to change their circumstances would affect their financial situation; 94% agreed that paid leave for victims and survivors of domestic abuse would enable them to seek help and would help them access healthcare services, treatment and therapy to deal with the long-term effects of that abuse; and 95% said that it would improve their ability to access emergency and specialist support services.”
“Estimates from 2009 suggest that domestic violence costs the economy here £180 million per year. However, the most recent research by the Home Office appears to show that that cost could be £400 million per year. <BR /> <BR />That is the context in which I introduced the Bill, which will coincide with and complement the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021. The Bill has the power to save lives, and we should consider that potential in the context of everything that we discuss on it. <BR /> <BR />From December 2020 to January 2021, I ran a public consultation for eight weeks and received 450 responses. The vast majority of those, 440, were responses to an online survey.”
“<BR /> <BR />The current legal framework of support for victims of domestic abuse in the workplace is not sufficient from the perspective of victims and employers. For victims, the threat of losing their job or income are significant barriers that are faced when help and support are sought. Many may not have holidays to take at short notice or have any holidays left. Others are forced to take unpaid leave, go on statutory sick pay or leave employment altogether. Others may work shifts, which they may not be able to get covered or swapped, or become subject to disciplinary procedures when they desperately need time off. From the perspective of employers, difficulties arise through lost output, additional costs and the requirement of extra resources.”
“Moving to research that has been done here, a 2014 survey conducted by the Irish Congress of Trade Unions (ICTU) that included responses from over 1,700 people in Northern Ireland found that more than 80% of those respondents who had experienced domestic violence reported that it had affected their work performance due to their being distracted, tired or unwell. Roughly a third said that they were late for work. Nearly half said that they were forced to take time off. <BR /> <BR />That report also highlighted what can happen in the most extreme circumstances. It mentioned the high-profile cases of Clare Bernal and Hollie Gazzard, who were both murdered by their abuser at their place of work. In Northern Ireland, since March 2020, 10 women have been killed, or are suspected of having been killed, by a man known to them.”
“In 2017, a survey of 450 people, commissioned by Women's Refuge in New Zealand found that, out of 60% of victims and survivors who were in full-time employment before they entered an abusive relationship, more than half lost their jobs during that relationship.”
“PSNI figures for my constituency show that the number of domestic abuse-related crimes recorded in Ards and north Down jumped from 546 in 2020 to 692 in 2021, which is an increase of 146. <BR /> <BR />Domestic abuse is not confined to the home. It is a workplace issue, and a growing body of research demonstrates the impact that abuse has on workers and businesses. Common themes are mental health problems; declines in productivity and performance; on-the-job harassment or being assaulted before work or prevented from going to work; disruption and a reduction in time spent in the workplace; employment instability; and job loss and unemployment.”
“It can be used for moving house, attending legal appointments, going to court, resettling children or other family members, seeking advice and help from support services, sorting out finances and organising the logistics and transition from an abusive relationship to a place of safety. <BR /> <BR />We have an epidemic of domestic abuse in Northern Ireland, and the pandemic and the restrictions imposed have exacerbated the scale of the crisis that we face. The PSNI recorded over 31,000 incidents of domestic abuse in the last year, and that is just the tip of the iceberg, as we know that much of it goes unreported. The number of domestic abuse crimes recorded — over 19,000 — is the highest since records began and nearly twice the level recorded in 2005, representing one in five of all crimes recorded in the last year.”
“I begin by paying tribute and speaking directly to victims and survivors of domestic abuse. The Bill has been developed with your interests and experiences at its core. The Bill is for you, and it will also help your employer. By helping you, they will be helping themselves and addressing the significant costs that arise as a result of domestic abuse. At the outset, it is important to say that, if you are suffering from abuse, please reach out to someone and please get some support. <BR /> <BR />The Bill is about saving lives. It provides victims and survivors with a pathway to safety. It protects them in the workplace from the effects of abuse by providing at least 10 days' paid safe leave. Safe leave can be used to deal with emergency situations. It can allow victims and survivors to get medical care and mental health care.”
“I thank the Minister for coming to the Chamber. In light of his statement and the domestic certification that is coming in today and following on from Paula Bradley's comments, will the Minister outline to me, as a member of a non-Executive party, what the difference is, medically and scientifically, between licensed and unlicensed premises, if he is reconsidering that measure going forward and if he is looking at any further enforcement measures to deal with the spread of COVID-19?”
“We need to teach young people how stereotypes can contribute to those issues, and we need to recognise that gender inequality and gender-role stereotypes contribute to gender-based violence. <BR /> <BR />I do not want to be back here in several weeks or months to hear about more women being murdered or to be asking and urging the Executive to do what we already know needs to be done. The time for action is now.”
“We still have no violence against women and girls strategy, and that is key. The Executive must formulate, publish, fund, support and resource such a strategy for Northern Ireland. The 16 Days of Activism need to be marked by action by the Executive to tackle violence against women and girls in our society effectively. <BR /> <BR />We have to stop neutralising gender in government policies. We need to recognise gender-based violence and understand that our ideas about gender and gender stereotypes can affect how we treat other people, including through discrimination and violence, bullying, sexual harassment, psychological violence, domestic violence, abuse, rape, female genital mutilation (FGM), forced marriage and homophobic and transphobic violence and abuse.”
“<BR /> <BR />The theme for this year is "Orange the World: End Violence against Women Now!". While it is important to mark the campaign, it is also important that the House and society reflect on what we are doing in Northern Ireland and what we are not. We finally have domestic abuse legislation, and we are working to introduce stalking offences and to introduce Gillen review recommendations as part of the Justice (Sexual Offences and Trafficking Victims) Bill, but 11 women that we know of have been killed in Northern Ireland since the start of the pandemic. Ten were killed or are suspected to have been killed by someone known to them. <BR /> <BR />Misogyny is not yet a hate crime, and we still have no mandatory, comprehensive relationships and sexuality education (RSE) provision for children and young people in Northern Ireland.”
“Thursday 25 November was International Day for the Elimination of Violence against Women. It also marked the start of the international campaign of 16 Days of Activism against Gender-based Violence, which runs until Human Rights Day on 10 December. Calling for the prevention and elimination of violence against women and girls, it was started by activists in 1991 and continues to be coordinated each year by the Center for Women's Global Leadership. According to the latest estimates, nearly one in three women aged 15 years and older from around the world has been subjected to physical or sexual violence by an intimate partner, a non-partner or both at least once in her lifetime, indicating that levels of violence against women and girls have remained largely unchanged over the past decade.”
“Much more needs to be done to tackle that, and that will come from matters that do not involve primary legislation. However, the Bill should remove the unnecessary re-traumatisation of victims and witnesses, simplify the justice system, in part, and provide for somewhat of a balance among other measures that are being looked at in the courts and the justice system.”
“<BR /> <BR />That is of concern to me, and that is why I have some sympathy with Mr Allister's amendments — not something that I thought that I would say today — despite not agreeing totally with the content, as I do not think that it is needed for the purposes of the more victim-centred approach and removing the requirement to give traumatic evidence more than once. We need to remind ourselves why we are here. We are implementing, in part, recommendations from the Gillen report, 'A Fresh Start' and the Audit Office. Our criminal justice system needs reform, full stop. <BR /> <BR />The Bill will not solve all the issues that I touched on, including delays, the need for increased resources for forensics, front-loading, communication and information sharing, so I do not necessarily buy the argument that it is about addressing delay wholly.”
“It also gives rise to questions at the level of post-legislative scrutiny, given by this House over the years or, indeed, by the Committees that have scrutinised legislation previously. That is something to consider for all MLAs, present and future. If we pass legislation, with the Department of whatever charged with commencing regulations, to what extent are we and Committees, or the House, considering that down the line? A balance needs to be struck in additional pressures on Committees and what outcomes can be achieved. However, it seems beneficial for everyone involved — the Minister of whatever Department, the Department, the Committee and the public — to know that, if legislation is passed, it is reviewed, meets the purpose and is actually the law.”
“However, the Committee was unable to assess the validity of the assertions made during the scrutiny stage that the "interests of justice" test provided for in the 2015 Act, which Mr Allister seeks to claw back through the amendments, would appropriately safeguard the rights of all parties as stated, because the provisions had not been enacted. <BR /> <BR />Notwithstanding the arguments made in favour of removing this so-called test and not having it in the Bill before us, this leads me to question — not just on this specific issue; it goes much broader than this — how it is decided within Departments when they enact and when they do not. If it is the will of the House, and the law, what are the processes in place to ensure that legislation is enacted and processes followed up on?”
“However, the wider figures and impact need to be discussed in future. <BR /> <BR />I turn to Mr Allister's amendments. I appreciate the Member's consistency on this matter. I was pleased to engage with him on the Bill, and also on his amendments and points of view. I note his opposition to clauses 1 and 2. Granted, he was opposed to those at Second Stage and before, but while I will not support the amendments in his name, amendment Nos 1 and 2, at this stage, I understand his rationale and arguments on process. The 2015 Justice Act was amended by the House, giving a residual discretion to the magistrate in the interest of justice, and those regulations were voted for by the majority of the House but were not commenced, as we have heard.”