HC Deb 11 March 1940 vol 358 cc810-1
4. Mr. Oliver

asked the Minister of Pensions whether he will inquire into the case of Mr. T. Hollins, air-raid warden, of Tunstall, Stoke-on-Trent who, whilst on duty, having been called upon to help in extinguishing a fire at nearly premises which was in danger of spreading, sustained injury, for which the Department has denied liability on the grounds that the injury did not arise out of his employment; and whether, if this decision is regarded as final, members of air-raid precautions organisations will be informed that any assistance they render in urgent public service outside their air-raid precautions duties will be done at their own risk in the event of personal injury?

The Minister of Pensions (Sir Walter Wimberley)

The fire in question was at a wooden hen cote and was extinguished by the auxiliary firemen. Mr. Hollins was on stand-by duty as a part-time air-raid warden, and, hearing of the fire, he went to assist. He was not instructed or asked to attend by a responsible air-raid precautions officer, and indeed it is not the duty of an air-raid warden to assist at such a fire. In these circumstances I am advised that it cannot be certified that the injury sustained by Mr. Hollins arose out of and in the course of the performance of his duties as an air-raid warden, and no compensation is therefore payable under the Personal Injuries (Emergency Provisions) Act, 1939. With regard to the second part of the Question, the Act clearly defines the scope of the State's liability, and I have no reason to doubt that the position is generally understood.

Mr. Oliver

Are we to understand from the reply that the Minister realises the serious nature of the difficulties of people engaged on air-raid precautions? Does not the answer in effect mean that if they are called upon in any emergency outside their air-raid precautions duties, they act purely on their own personal responsibility, because the State will repudiate liability in the event of personal injury? Is that not the position?

Sir W. Womersley

No, Sir, not if they are called upon by a responsible official to do the work.

Mr. Oliver

Is it not the fact that in this case the air-raid warden was instructed by a responsible officer and did not act on his own initiative?

Sir W. Womersley

My information is to the contrary, but I will make further inquiries.