HC Deb 17 December 1942 vol 385 cc2066-8
59. Mr. Buchanan

asked the Minister of Pensions whether he is aware that Mrs. Mary McMahon, 420, Moffat Street, Glasgow, has been refused a pension for the death of her husband; that the late Mr. McMahon served in the last war and rejoined at the outbreak of this war; that he served at Dunkirk and his health since Dunkirk was severely affected; and whether he can see his way to reconsider this case?

The Minister of Pensions (Sir Walter Womersley)

Mr. McMahon died of an acute infection contracted long after discharge from the Army and quite independent of the ill-health from which he had suffered during and since service. As his death cannot be associated with his service in either war, I regret that I am unable to make any award to Mrs. McMahon.

Mr. Buchanan

Is not the Minister aware that there is a terrible sense of injustice when the widow of a man who has served his country, come back and passed A 1 and gone to Dunkirk, is treated in this way? Will you ever get any widow or any section of the population to believe that a man who served at Dunkirk has not had his health affected in some way?

Hon. Members

Hear, hear.

Sir W. Womersley

My duty is to consider very sympathetically all the circumstances of the case. I can assure my hon. Friend and other hon. Members who cheered him that I have given the most sympathetic consideration to this case, but it is not possible under the Royal Warrant to grant a pension.

Mr. Stephen

Is the right hon. Gentleman aware that such a case doubly shows the need for an alteration in the Royal Warrant, and will he not take the responsibility upon himself of seeing that a change is made so as to avoid these injustices?

Sir W. Womersley

No, Sir, I am not convinced that it is necessary to have an alteration of the Royal Warrant, and if hon. Members saw the papers in this case, they would agree with me.

Lieut.-Colonel Sir Thomas Moore

Does not my right hon. Friend agree that the circumstances that this man and others have gone through expose them to such infection?

Sir W. Womersley

All these circumstances have been taken into consideration, and I say again emphatically that unless Members have an opportunity of seeing the papers as I have seen them—the hon. Member for Gorbals (Mr. Buchanan) can see them—they cannot form any judgment in these cases.

63. Mr. Norman Bower

asked the Minister of Pensions whether he is aware of the unrest caused among Civil Defence personnel in the Wembley area by his refusal to pay compensation to Mr. W. J. Desborough, a fireguard, for injuries sustained at 3 a.m. on 28th January while proceeding to his post to relieve the member on duty, having previously signed the on-duty book at 7 p.m. the previous evening; that as a result of the accident this fireguard is still suffering severe financial loss; and whether he will reconsider his decision and undertake that in future no claim for compensation under the Personal Injuries (Civilians) Scheme, 1941, will be refused on technical grounds alone?

Sir W. Womersley

For injuries sustained by Civil Defence personnel, other than those caused by enemy action, the Personal Injuries (Emergency Provisions) Act, 1939, requires that the injury shall have arisen "out of and in the course of duty," a requirement similar to that laid down by the Workmen's Compensation Acts. This requirement would not be satisfied under the Personal Injuries (Emergency Provisions) Act where the member was injured while proceeding to or returning from normal duty any more than it would be under the Workmen's Compensation Acts. I regret, therefore, that I am unable to make any award to Mr. Desborough.

Mr. Bower

Is the Minister aware that this decision has undermined all confidence and security among Civil Defence workers in this area, and does he not think that that is a factor which ought to be taken into consideration?

Sir W. Womersley

I am aware that allegations are made in every case that it is undermining something or other. I shall be glad if the hon. Member will see the papers in this case. If he does I am satisfied that he will not put any more questions.