HC Deb 10 July 1923 vol 166 cc1179-81
Sir A. SHIRLEY BENN

(by Private Notice) asked whether the Postmaster-General can yet say what steps the Government intend to take to carry out the Sutton judgment, and what steps they intend to take regarding other ex-service civil servants who claim that they also should receive the Civil Service war bonus?

Sir L. WORTHINGTON-EVANS

The Government have carefully considered the position created by the judgment of the House of Lords in the Sutton case. They are advised that the judgment is clearly applicable to men who enlisted in the special sections of the Royal Engi- neers after the announcement that full civil pay would be allowed and on or before the 7th September, 1915, that is to say, the date when the notification was published that men serving in these sections would not be entitled to war bonus. The Government propose to treat on the same footing all men who enlisted or were called up for service as reservists or territorials in the special sections prior to the latter date, other than men who were transferred from other units of the Army. Instructions have accordingly been given to pay the amounts due to the men in these categories. A Supplementary Estimate will be presented to the House immediately. As regards men who enlisted in the special sections subsequent to 7th September, 1915, and single men who enlisted in other units of the Army, irrespective of the date of enlistment, the Government are advised that the legal position is extremely doubtful. Having regard to the large sums of money involved, the Government have come to the conclusion that in the interests of the taxpayer it is necessary that an authoritative legal decision should be obtained as to the rights of the several categories of men who may be affected. They propose, therefore, to give facilities for obtaining as speedy a decision as possible from the House of Lords upon test cases representative of the several categories, and they are prepared to authorise the payment, whatever be the result, of the taxed costs of the claimants, as between party and party, entailed in obtaining the decisions required. I am advised that the decisions may be expected before the end of the year if the cases are expedited as the Government proposes.

Mr. PRINGLE

Can the right hon. Gentleman say if any estimate has been made as to the cost of the legal proceedings?

Sir L. WORTHINGTON-EVANS

The payments which are now to be authorised will amount to about £1,250,000 or rather more and the legal proceedings cannot cost more than £2,000 or £3,000—or £5,000 at the outside. Having regard to the very large amounts in question, it is thought right that these proceedings should be taken and facilitated.

Mr. PRINGLE

Can the right hon. Gentleman explain how it is that the legal proceedings are so unusually cheap?

Sir L. WORTHINGTON-EVANS

It depends, of course, upon what is done. If these are taken as test cases and expedited, I am told it may well be that £5,000 will cover all the expense.