Mr. CATHCART WASONasked the Lord Advocate if he can state on what grounds it is proposed to prosecute a respectable citizen and render him liable to six months' imprisonment for having in good faith, and solely from kindness of heart, assisted an old man of over 80 years, 832 verging on senility, to fill in a claim for an old age pension?
§ The LORD ADVOCATE (Mr. Ure)I presume my hon. Friend refers to the case of a man named Burgess, against whom a complaint was made in the Sheriff Court at Lerwick. The complaint was not, I need scarcely say presented on the grounds set out in the question, but for an alleged offence under section 9 (1) of the Old Age Pensions Act.
Mr. CATHCART WASONasked the Lord Advocate whether his attention has been called to the action of a pension officer in prosecuting for fraud a penniless old man on the ground that legally he was tenant of some land which was quite valueless to him, and which, owing to the state of his health, he had not given up; and if, in view of the circumstances stated, he will order immediate inquiry to be made by the Scottish Local Government Board and order the prosecution to be suspended until such inquiry shall have taken place?
§ Mr. UREI presume my hon. Friend's question refers to the case of an old man named Pottinger, who was cited to be tried before the Sheriff substitute at Lerwick on the 22nd of June last, on a charge of having committed an offence under section 9 (1) of the Old Age Pensions Act. When the case was called the man's agent produced a medical certificate to the effect that the accused was suffering from senile decay; and, consequently, the case was not proceeded with. In these circumstances it is not necessary that any further inquiry should be made.
Mr. C. WASONMay I ask whether, in view of the answer to the last question that the old man was unfit to attend, and that the prosecution has been dropped, he will consider if the prosecution against Mr. Burgess should not also be abandoned?