Peers have asked ministers to tweak a 105-year-old law to let young people work on heritage railways, before there is “no-one” with a memory of steam trains on main lines.
Labour’s Lord Faulkner of Worcester proposed an amendment to the Employment of Women, Young Persons, and Children Act 1920, which barred children from work in any “any industrial undertaking”, including in mines, construction or transport.
If agreed, his change would have exempted voluntary work on heritage railways and tramways from the ban.
Government whip Lord Katz cautioned there “may be unintended consequences” by amending the “old legislation”, but Lord Faulkner indicated he could push for a vote on his proposal before the Employment Rights Bill becomes law.
Supporting the proposals, independent crossbench peer the Earl of Clancarty said: “Steam railways are an important part of this country’s heritage, and as every year passes that importance surely grows.
“We are getting closer to a time when there will be no-one with a personal memory of such trains in their working life, so as well as being an enjoyable activity for interested, enthusiastic children and young people, this is also an educational opportunity for the next generation.”
Lord Faulkner said the ban was from a “very different era” and told the Lords it “languished unknown on the statute book for many years”.
He said: “Heritage railways managers, not surprisingly, do not wish to break the law, even if it is moribund and other safeguards exist.”
Training on heritage railways “has led to many seeking careers on the national rail network and in some cases have provided training and apprenticeships appropriate to their future career choices”, Lord Faulkner added.
He warned that even where regulators have said they would not prosecute a child who volunteers on a heritage railway, a legal challenge “could be brought by a local authority or by a relative of a young people, regardless of the assurances given”.
Historic England chairman and Conservative peer Lord Mendoza said: “One of the most difficult things in the heritage sector is to encourage young people to come into it, to learn the skills, to learn the trades that we need in order to keep our heritage environment going for as long as we can.”
In his response, Lord Katz said “regulators should and do take a proportionate approach to enforcement action”.
He offered a meeting with peers who wanted to change the law, adding: “The 1920 Act is old legislation and amendment of it should only be considered after a thorough review upon other areas of law, as there may be unintended consequences.”
Withdrawing his amendment to the Employment Rights Bill, Lord Faulkner said he would “take up the minister’s kind offer” but added that without solution, he believed “the House as a whole would like the opportunity to express its view on the report” as the draft new law progresses.
