HC Deb 01 February 1939 vol 343 cc199-200
36. Sir J. Mellor

asked the Lord Privy Seal whether his attention has been called to specific instances of the wanton destruction of gas masks, issued at the public expense; and whether any steps have been taken to punish those responsible?

The Lord Privy Seal (Sir John Anderson)

One or two specific cases of improper treatment of respirators have been brought to my notice, and, as I indicated to the hon. Baronet on 22nd December, I am considering the position in connection with legislation which I hope to introduce shortly.

Sir J. Mellor

In view of the recent case which was withdrawn at Chesterfield on the ground that the gas masks had been given as a gift, and not as a loan to the public, will my right hon. Friend consider, in any legislation that may be introduced, inserting a declaratory Clause to the effect that all gas masks which have been issued to the public in the past are Government property?

Sir J. Anderson

Yes, Sir.

Mr. Day

Do they not belong to the persons to whom they are given?

Mr. Lyons

Is my right hon. Friend of opinion, in view of the decision given at Chesterfield last week, that no statement by the Home Office can put the property in these gas masks back into the possession of the Government?

Sir J. Anderson

No decision was given at Chesterfield last week. The case was withdrawn.

Mr. R. C. Morrison

Will the right hon. Gentleman see that a similar position does not arise with regard to the shelters in gardens that are going to be provided?

Mr. Lee

Was the case at Chesterfield withdrawn on the instructions of the Home Office?

Mr. Lyons

Was the case withdrawn on the police saying they were satisfied that, in the view of the Home Office, the property in the gas masks was in the persons to whom they were issued?

Sir J. Anderson

The Home Office were advised that it was very doubtful whether a prosecution could be sustained, and the chief constable, on being made aware of that, withdrew the prosecution.

Mr. Thorne

Is it not a fact that in one case a magistrate decided that, the gas masks having been destroyed, the people would not be able to get others free of charge?