HC Deb 29 September 1909 vol 11 cc1390-2

(1) At the end of paragraph (6) of Part II. of the First Schedule to the Police Act, 1890 (which relates to the pensions and allowances to widows and children of constables in England), the following proviso shall be added:— Provided further that where a constable loses his life from the effects of an injury which is not accidental, the police authority shall increase the pension to the widow to a sum equal to one-third of the annual pay of the constable, and the allowance to each child to a sum equal to one-fifteenth of such pay, or, if there is no widow, to a sum not less than one-fifteenth nor more than two-fifteenths of such pay unless the aggregate of such pension and allowances would exceed two-thirds of such pay, in which case they shall be rateably reduced; the police authority may, however, refuse so to increase the pension to the widow on the ground of her misconduct or for other sufficient cause, but any such refusal shall be subject to confirmation by the Secretary of State.

(2) At the end of paragraph 5 of Part II. of the First Schedule to the Police (Scotland) Act, 1890 (which relates to the pensions and allowances to widows and children of constables in Scotland) the following proviso shall be added:— Provided further that where a constable loses his life from the effects of an injury which is not accidental, the police authority shall increase the pension to the widow to a sum equal to one-third of the annual pay of the constable, and the allowance to each child to a sum equal to one-fifteenth of such pay, or, if there is no widow, to a sum not less than one-fifteenth nor more than two-fifteenths of such pay, unless the aggregate of such pension and allowances would exceed two-thirds of such pay, in which case they shall be rateably reduced; the police authority may, however, refuse so to increase the pension to the widow on the ground of her mis- conduct or for other sufficient cause, but any such refusal shall be subject to confirmation by the Secretary for Scotland.

Mr. CLAUDE HAY moved in Subsection (2) to leave out the words "which is not accidental."

This proposal is the outcome to the very sad death of a constable at Tottenham on the occasion of his murder there by alien anarchists. The right hon. Gentleman has brought this Clause into the Bill in pursuance of the wish he expressed of meeting adequately the circumstances of officers killed under such conditions while in performance of duty. Surely in a case like that the death is accidental. I am anxious that the words, "which is not accidental," should not in any way confine the powers either of the police authorities here or elsewhere of making full and adequate compensation to men who have suffered death under such circumstances. I do not pretend to be a lawyer, and do not know the meaning of those words. Possibly there are technical reasons why they should not be inserted, and the right hon. Gentleman may be able to show that my Amendment is unnecessary.

Mr. GLADSTONE

In the case of constables permanently incapacitated by injury received on duty, but not killed, the law draws a distinction between injuries that are accidental and those that are non-accidental. If a constable meets with an accident in the ordinary course of his duty, which is not due to any action on his part, or to any special circumstances requiring special bravery, if incapacitated he gets a pension on a certain scale. If, however, the injury is non-accidental, that is, is occasioned by special bravery on the part of the constable, such as pursuing armed burglars, as in the case of the Tottenham murder, his pension is on a higher scale. The present proposal is to remove an anomaly. The distinction in the case of injury to which I have just referred does not apply if the constable is killed. Although he may be killed in circumstances of special gallantry, he does not get a higher pension than if he were killed by an ordinary accident. We propose to take power in the Bill to give a higher pension in such cases.

Amendment, by leave, withdrawn.

Amendments made: In Sub-section (1), to leave out the words "or for other sufficient cause."—[Mr. Claude Hay.]

In Sub-section (2), to leave out the words "or for other sufficient cause."—[Mr. W. H. Dickinson.]

Clause, as amended, agreed to.

Clause 6 ("Short Title") agreed to.

Question proposed, "That the Chairman report the Bill, as amended, to the House."

Mr. HAY

I would like to take the opportunity of asking the right hon. Gentleman whether he can give us any information as to how he proposes to deal with matters which have not been discussed, and which I may mention very shortly. At present police officers, under various Acts, have possibly to contribute to a pension fund. Payment is at their discretion—

The CHAIRMAN

I do not see that that has anything to do with the Motion I have put. The hon. Member is now inquiring upon something outside the scope of the Bill, and which does not arise on this Motion.

Mr. HAY

May I submit that what I was going to say has reference to the Act—

The CHAIRMAN

That specific question is outside the scope of this Bill. It cannot be moved as an Amendment to this Bill. Therefore that question does not arise.

Mr. JAMES HOPE

Shall I have the opportunity of making a short statement on this point?

The CHAIRMAN

I do not think we ought to have an irregular discussion. It is outside the scope of this Bill.

Bill reported with Amendments; to be considered to-morrow (Thursday).

Whereupon Mr. SPEAKER, in pursuance of the Order of the House of 20th August, adjourned the House without question put.

Adjourned at Twenty-eight minutes after Twelve o'clock a.m., Thurs day 5th September.