HC Deb 17 February 1938 vol 331 cc2054-6
40. Mr. Tinker

asked the Home Secretary whether he is aware that in January two deaths took place in Leigh through accidents in the mine; that in both cases a certain number of weekly payments of compensation had been made, and because of this the amount paid to each widow for the loss of her husband was £200; and will he consider amending the Workmen's Compensation Acts so that the weekly payments shall not be taken into account when death occurs?

Sir S. Hoare

The hon. Member has been good enough to send me particulars of the cases referred to. The point raised, however, is a controversial point which was discussed when the Bill of 1923 was before the House, the result being the somewhat elaborate compromise contained in the present law. It could not very well be reconsidered apart from a general review of the rates of benefit payable in fatal cases.

Mr. Tinker

The right hon. Gentleman is setting to work to improve many things which come under his Department, and surely this is one that might engage his attention, because of the great hardship involved?

Sir S. Hoare

I certainly think that this is a question which will have to be taken into account if and when there is new workmen's compensation legislation.

Mr. T. Williams

As the compromise was instituted in 1923, and we have now had 15 years' experience of it, does not the right hon. Gentleman think that the value of the life of any person killed in a mine or elsewhere should now be put at a higher figure than £200?

Sir S. Hoare

The hon. Member raises a wider question than that which is in the original question. I have said that the point raised in the original question will have to be taken into account when there is new legislation.

Mr. T. Smith

Will the Home Secretary, when considering workmens' compensation, inquire into some of the Acts in operation in the Dominions, which are far in advance of those in this country?

Sir S. Hoare

Yes, Sir. I will certainly take them into account.

43. Mr. J. Griffiths

asked the Home Secretary whether, in view of the general provisions of the Workmen's Compensation Acts, by which dependants can claim compensation in cases where death is primarily due to some disease but is accelerated by an accident during the course of employment, he will give consideration to the amending of the various silicosis schemes so as to permit the medical board to grant certificates in cases where they are satisfied that death was accelerated by silicosis so as to enable the dependants in such cases to claim compensation?

Sir S. Hoare

The hon. Member would appear to be under some misapprehension. The question for decision, both as regards silicosis and as regards the industrial diseases scheduled under the ordinary provisions of the Act, is whether death was caused by the disease, and I am advised that, in conformity with the principles laid down in decisions of the Courts in cases of accident or scheduled disease, the board can, and often do, give a certificate to that effect where the silicosis is not the primary cause of death but is a secondary and accelerating cause.

Mr. Griffiths

Is not the right hon. Gentleman aware that when the board certifies that silicosis is only a secondary cause of death no compensation is payable, and what I am asking is whether he will consider, with the Medical Board, the alteration of the regulations so that where they are satisfied that silicosis has accelerated a death, the dependants will be able to get compensation?

Sir S. Hoare

This is a very complicated question, as the hon. Member knows. I should be glad, if he so wishes, if he would have some further discussions with me or my Department.