HC Deb 01 June 1897 vol 50 cc70-1

"Where any employer becomes liable under this Act to pay damages or compensation to any workman or his representatives in respect of any accident and is entitled to any from insurers in respect of such liability then in the event of the bankruptey or liquidation of such employer such workman or representative shall have a charge upon the sum aforesaid for the payment of the money so due to him."

According to the law as it stood the general creditors of an employer in the event of his bankruptcy or liquidation would receive the benefit of any sum owing to him by an insurance company in respect of an accident; and the object of the Amendment was to secure that the injured workman on whose behalf the insurance was made should get the benefit of the insurance.

THE ATTORNEY GENERAL

said the Government had already expressed sympathy with the principle of the clause, and they consequently had no objection to its being added to the Bill. It might, however, to a certain extent, depend whether the Government could adopt the clause as it stood, upon what might be the ultimate decision of the House in regard to the schedule of the Bill. There were provisions in the schedule in regard to periodical payments and payments in a lump sum; and it was quite possible that some words would be introduced into the schedule to enable employers to get rid of the current liability to pay weekly allowances for an indefinite period; and in that event it would be necessary to. make some modification in the clause.

MR. C. J. DARLING (Deptford)

asked whether it was to be understood that the workman in this case was to have a charge upon the special sum which the employer might be entitled to receive by virtue of the insurance he has effected; and also in addition to that to have an equal claim with the other creditors upon the general assets of the employer.

SIR R. REID

said the workman would have a charge on the money owing by the insurance company, but if he had any other claim against the employer he would have to prove his claim like any other creditor.

Clause Read a Second time, and ordered to stand part of the Bill.

*SIR C. DILKE

, on behalf of Mr. S. EVANS (Glamorgan, Mid), moved the following new clause:—