The Forest of Dean is reputed to be the romantic source of myths and legends throughout time; but unfortunately some of these myths are of a very recent nature, often repeated but untrue. Where Dr Charlotte Jones read or was told about a clause in the 1838 Dean Forest Mines Act claiming that a 'child' not born in the Hundred of St. Briavels could qualify as a freeminer if they worked underground for seven years came from, only she can say, but I must disavow her on this fiction. Sorry, doctor but there is no such clause and even if there was it would say 'male' child. Please note: male.
Also, for how long has Ms Kate Denley lived in the Forest of Dean? No quarries in the Dean Kate? There be yups on um o' butty. You should get out more often.
May I suggest that you drag your daughters away from their screens and take them for some good walks through the woods where you will no doubt come across a few. May I seriously suggest taking a walk along the old Bixslade tramroad across the road from the Stone Works by Cannop Ponds up to Broadwell at the top. You will see quarrying and coalmining in progress and enjoy a healthy ramble at the same time.
Also Kate, please don't patronise the Forest of Dean Freeminers Association as an "elite little club". They are a group of men who work harder under extremely dangerous and dirty conditions underground, than you can ever imagine. They represent all those thousands of miners who struggled to win coal and iron ore deep under the Forest floor throughout the centuries and now see their 'Rights and Customs' being over-ridden once again by what they perceive as uncaring and self-seeking invested interests. Believe you me, they have a lot of support from caring Foresters in this.
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Missing girl found safe and wellPlease note the latest mining disasters in Chile and China. We've had our fair share throughout the years, in the Dean.
On the question of whether a woman can have the right to be a freeminer I believe that it is of interest that on Tuesday, July 7, 2009 Mark Harper, MP, was a member of the all-party General Committee in the House of Commons examining clauses in a new Equality Bill.
This included a new Clause 1.
'(1) The Dean (Mines) Act 1838 is amended as follows.
(2) In section X1V (Who shall be deemed Free Miners), line 1 leave out "male".
(3) In section XV (Quarrymen to be deemed Free Miners for certain purposes), line 1, leave out "male".'.—(Mr Harper.)
Brought up, and read for the first time.
Mr Mark Harper (Forest of Dean) (Con): "I beg to move, That the clause be read a second time."
After a preamble to the Committee about the Dean Forest Mines Act as it stands today, Mr Harper said "The older the law the more hesitant I am about changing it, and when it relates to the valued traditions of my constituency, I am even more cautious. The Freeminers Association would probably not be particularly enthusiastic about the change. I have discussed the matter with its president, Eric Morris, who represents a conservative association, with a small 'c' rather than a large 'C'. I am trying to make the change because the problem is not theoretical, but real, affecting a real constituent today.
"That is why it is worth attempting to reform the law. At the moment a free miner can only be a man, says the DF(Mines Act) 1838. I have a constituent, Elaine Mormon, who wishes to become a freeminer, following in the tradition of her family. She works at Clearwell Caves, which is an iron mine, and she has attempted to become a free miner. She has been refused by the deputy gaveller, an office under the Crown. He made it clear in his letter of 8 January 2009 that "the principle obstacle to your application is that of gender. As you are aware, only male persons are permitted to be registered and extensive research indicates that there are no grounds for allowing variations to this registration requirement. Regrettably therefore, your application to be registered is refused."
That was signed by John Harvey, the Deputy Gaveller of Dean Forest, and an officer of the Forestry Commission. That is the nub of the problem that I am trying to solve with my new clause: to give Elaine Mormon the opportunity, which would be available to a man who was in exactly the same circumstances as her, to be registered as a free miner.
There followed a detailed discussion on this new Clause and the advice given by the 'Library' of the House of Commons; all of which were negative to the new Clause, including Mr Harper telling the Committee "One of the actions in the table of (the Sex Equality Act) exceptions is if a public authority is complying with an Act of Parliament. If the Deputy Gaveller working for the Forestry Commission was complying with an Act of Parliament – the 1838 Act for example – that would override or provide an exception to the gender equality duty and the public sector equality duty. We have kept that compliant with the statute in the Bill, so again, it would not provide a remedy for my constituent. After that comprehensive briefing from the Library, I came to the conclusion that the existing legislation and its translation into the Bill would not provide a remedy for Mrs Mormon. That is why I concluded that I needed to try to amend the 1838 Act...
... the Employment Act 1989 repealed.....there is no legislative prohibition on women working in a mine."
There was more discussion before the Solicitor General came to this conclusion. "Putting this provision in the Bill would affect the interests of a specific group of Forest of Dean miners only and would turn the Bill into a hybrid Bill (2 Bills, in essence, merged together). Although I can see the point that a man does not have to be knocked off in order to allow a woman in, none the less there could be arguments that the status of being a Forest of Dean miner, which is of specific interest, would be altered if women were allowed in – a terrifying prospect to some, I am sure.
Whether or not that be so, I am sure that the hon. Gentleman understands that there would be a change of status by widening the gambit of people who can come in.That is the best I can do to help the hon. Gentleman. I am glad that the hon. Gentleman's lady constituent is working in the field that she wants to work in at the moment, and I am sorry that we cannot stamp out this ancient sexism, but it would put the whole Bill in jeopardy. However, we will do our best to help her in any other way".
Mr Harper replied: "I am grateful for the serious way that the Solicitor-General has approached this. Having investigated the issue of hybridity when I first came across it in the House, I recognize the complexities of it...............I beg leave to withdraw the motion."
So the Dean Mines Act still stands in its entirety. It is still illegal, according to this law, for a woman to become a Freeminer. Neither does the Equality Act contain a Clause 1 allowing a woman to become a free miner.
So I ask Mr Harper and the Forestry Commission Gaveller (is it that new Deputy Surveyor?) what has changed in the last 12 months to enable a woman to become a freeminer? Answers please. – John Belcher, Joyford Hill.
