HC Deb 22 May 1919 vol 116 cc559-60
46. Sir ARTHUR FELL

asked the Prime Minister if his attention has been called to the difficulty which has arisen already, and which will become urgent in the near future, with regard to the prosecution of claims in the Courts of law by private persons against Government Departments; if these claims have to be begun now by a Petition of Right against the Crown, which requires the actual signature of His Majesty before leave is given to proceed with the claim; if, now the Government is undertaking business of all kinds, it should submit to the ordinary right to sue and be sued in the usual way as if it were an ordinary company, firm, or person; and what steps the Government proposes to take in the matter before the new Bills before Parliament become law and action is taken with regard to them?

The ATTORNEY - GENERAL (Sir Gordon Hewart)

I am asked by my right hon. Friend to answer this question. The abolition of Petition of Right would be an important change in constitutional law, and I do not see anything in the considerations suggested in this question to justify such a change.

Sir A. FELL

Is the hon. and learned Gentleman aware of very numerous cases that arose under the Government insurance, and the people who sent in claims were told that if they did not agree to the claim they must present a Petition of Right?

Sir G. HEWART

I am not aware of these particular cases, but I am aware that there are many cases of the kind.

Sir A. FELL

And they must all be presented by a Petition of Right?

Sir G. HEWART

Yes, as the case stands.

Sir A. FELL

That is impossible.