HC Deb 21 July 1926 vol 198 cc1202-4
17. Mr. N. MACLEAN

asked the Parliamentary Secretary to the Admiralty whether he is aware that Captain John Ball joined the Royal Naval Air Service at the outbreak of the War in 1914, and in 1917 was transferred with the rest of the Royal Naval Air Service to the Royal Air Force and demobilised in May, 1919; that, through the mistake of some official, excess allowances were paid into his account amounting to £90 during the time that Captain Ball was on foreign service; that in 1923 the error was discovered and a claim made for the recovery of the sum when he was in Austria and unable to return or instruct solicitors; that the Admiralty got judgment by default and proceeded to make him bankrupt; and whether, in view of the service of this officer, the fact that the error was not his, and that in leaving the service he was given a clearance certificate showing he owed nothing, he will withdraw the claim and so enable the bankruptcy to be annulled?

Mr. DAVIDSON

I am aware that owing to the non-stoppage of the officer's allotment of naval pay on transfer to the Royal Air Force in 1918 pay to the amount of £190 was over-issued. The over-issue was due to the general conditions prevailing at the time. Officers were warned by general order that such overpayments were probable, that they should bring them to notice, and that acceptance of payments from two sources would be strictly dealt with. The overpayment was discovered in November, 1919 (not in 1923 as stated in the question), and the officer was thereupon requested to refund; he had returned from foreign service in July, 1918. No refund having been made by December, 1920, legal proceedings were taken. A letter of intention to proceed with action was served personally by the British Consulate in Vienna in July, 1922, and judgment was signed in default of appearance on 23rd January, 1923. As the officer failed to comply with the judgment, bankruptcy proceedings were instituted. The claim having been considered justifiable, I am not prepared to withdraw it. The clearance certificate was issued by the Air Ministry before the discovery of the overpayment, and, in any case, could not affect the question of any debts to naval funds.

Mr. MACLEAN

Is it not the case that the Deputy-Accountant-General of the Admiralty invited this officer to make an offer, and he did so, and sent a cheque for £150, which was received by the Accountant-General, retained by him for several days, and then returned by him on the ground that the Admiralty wanted this officer to pay the full a-mount, plus the costs in the action?

Mr. DAVIDSON

I am not aware of that.

18. Mr. MACLEAN

asked the Parliamentary Secretary to the Admiralty the number of officers against whom claims were made by his Department for recovery of over payments of allowances during the War; and how many of those officers were made bankrupt through their inability to refund the amount of over payments?

Mr. DAVIDSON

I regret that it is impracticable to give the information asked for in the first part of the question. As regards the latter part, one officer has been made bankrupt for the reason stated.

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