HC Deb 15 April 1937 vol 322 cc1168-9
41. Mr. Benjamin Smith

asked the Home Secretary whether he is aware of the circumstances leading to the death of a four-year-old boy, who was knocked down and killed by a lorry owned by the Silkburn Coal Company, in York Road, Leeds, on 4th December last; whether he is aware that the Leeds stipendiary magistrate, Mr. Horace Marshall, described it as the worst and most callous case he had ever had; and whether, in the light of the disclosures made as to the condition of the lorry and the attitude of the company when defects were reported, criminal proceedings are contemplated?

Sir J. Simon

I would refer to the reply given on behalf of the Minister of Transport to a question by my hon. Friend the Member for North-East Leeds (Sir J. Birchall) on 25th February last. I understand that proceedings were taken against the company in question and that fines amounting to £60 were imposed.

Mr. Smith

Is the right hon. Gentleman not aware that the magistrate in imposing a fine said that having regard to the notice published by the firm debarring employés from reporting defective vehicles criminal proceedings could be taken? Will he reconsider the question of criminal proceedings against the firm, and not against the driver, for sending out wilfully lorries in an inefficient condition?

Sir J. Simon

My information may not be complete, but it is to the effect that proceedings were taken against the company.

Mr. Smith

Proceedings were taken under the Road Traffic Act, but here is a case where the coroner himself said that he thought it was a case of manslaughter and that criminal proceedings could be taken. Is the right hon. Gentleman aware that the compensation paid for the loss of the child by the firm only paid the funeral expenses?

Sir J. Simon

I have no information about the case beyond what I have given, but if the hon. Member will supply me with further information I will look into it.

Mr. Pritt

Will the right hon. Gentleman consider whether it is true that the firm put up a notice of that kind, and whether he will get the Law Officers of the Crown to consider whether they cannot be prosecuted for conspiracy to defeat the law?

Sir J. Simon

I shall get, I hope, the best legal advice.