HC Deb 08 August 1940 vol 364 cc401-2
40. Commander Sir Archibald Southby

asked the Minister of Pensions whether his attention has been called to the case of Mrs. Peter Tilden, whose husband, Lieutenant Peter Tilden, Royal Navy, was lost in the sinking of His Majesty's ship "Duchess," and who has been refused the £200 grant payable under the Order-in-Council, September, 1939, to the widows of lieutenants killed in action on the grounds that the loss of His Majesty's ship "Duchess" was not directly occasioned by enemy action; and whether he will take such steps as are possible to remedy the injustice caused to widows in this and similar cases?

Sir W. Womersley

I am aware of this case. The decision is governed by the terms of Article 55 of the Naval Order-in-Council, which, in this matter, is in accordance with the reasoned recommendations of successive committees on which there were representatives of the Admiralty as well as of the other two Service Departments. Their recommendations were accepted by the Government.

Sir A. Southby

Is my hon. Friend aware that although His Majesty's ship "Duchess" was not lost as a result of direct enemy gunfire, it was engaged on military operations when it was sunk, and is it not very unfair that relatives of officers and men lost under those conditions should be penalised for what is a pure technicality?

Sir W. Womersley

I have gone very carefully into this case, and I can assure my hon. and gallant Friend that the facts are not exactly as he stated. I would further point out that there are no gratuities to the men. The gratuities that are given in the case of officers killed by enemy action do not apply to men.

Sir A. Southby

If the Regulations do not permit a gratuity being paid in cases where it should be paid in accordance with the spirit of the desire of the House when the Regulations were passed, should not my hon. Friend undertake to have the law amended?