HC Deb 25 November 1919 vol 121 cc1598-9
47. Colonel ASHLEY

asked the prime Minister whether, in view of the fact that disability pensions are similar in nature to payments made under the Workmen's Compensation Act; the Government proposes to take stops to free such pensions from liability to forfeiture on the recipient being convicted of a serious offence?

Sir J. CRAIG

I have been asked to reply to this question. Under the For feiture for Felony Act, 1870, a disability pension ceases to be payable in cases of treason or felony if the pensioner is sentenced to penal servitude or to imprisonment for a period exceeding twelve months or with hard labour An Amendment of the Act is not contemplated. I would, however, remind my hon. and gallant Friend that by the joint effect of the Pensions and Yeomanry Pay Act, 1884, and Article 1214 of the Pay Warrant of 1914, a soldier's disability pension, although forfeited under the Act of 1870, may be subsequently restored.

Colonel ASHLEY

May I ask why the civilian is favoured as compared with the ex-Service man, in view of the fact that a civilian, if he is convicted of a felony, continues to receive payment under the Work men's Compensation Act, spread over a period, whereas a soldier, if he is convicted of a felony, loses his disability pension under law, and it is only a matter of favour if he gets it?

Sir J. CRAIG

As a matter of fact, this is a very old Regulation under the Act of 1870; it is not a new draft in connection with the Royal Warrants. I cannot under stand how there is any differentiation between the Workmen's Compensation Act and our practice, but on the other hand we are granting a renewal of the pension when we are satisfied that the pensioner has shown himself to be of good behaviour.

Colonel ASHLEY

Is he aware that the ex-Service man thinks it a great grievance that there should be this differentiation?

Mr. BILLING

May I ask my hon. Friend whether he will not represent to the Government that a man, having been sentenced, has paid the penalty of his crime, and that to forfeit his pension, which is not part of his sentence, is a grave act of injustice?

Sir J. CRAIG

I am quite prepared to mention the matter to my right hon. Friend. I hope my hon. and gallant Friend will understand that this raises a matter of policy. My right hon. Friend is laid up unfortunately, at the moment but as soon as he returns to duty I will bring this matter before him, to see if something can be done.

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