HC Deb 22 July 1943 vol 391 cc1137-9

Amendment made:

In page 3, line 29, after "decision," insert: specifying that it is made on that ground."—[Sir W. Womersley.]

Motion made, and Question proposed, "That the Clause, as amended, stand part of the Bill."

Mr. Bellenger

I want to raise on this Clause a similar point to that which was raised on the last. Does the word "direct" in line 27 appear for the same reasons that have just been given on Clause 2? This Clause deals with the Personal Injuries (Emergency Provisions) Act and I shall be glad to know why the word "direct" has not been deleted.

Sir W. Womersley

The reasons are exactly those which I stated with regard to the other matter.

Mr. Glenvil Hall (Colne Valley)

Is my right hon. Friend sure that the fact that he has included this word will not wipe out quite a number of legitimate cases?

Sir W. Womersley

I can assure the hon. Member that it will not. We deal with these cases in a most sympathetic way once they are proved to be our liability.

Mr. Hall

Take the example of the late Private Clayton, who was found to be suffering from tuberculosis. It is possible that he might have given that disease to some of the other men with whom he was sleeping in the detention camp. It is also likely that people on Civil Defence might in the same way contract a disease like tuberculosis. It could not be argued that they contracted the disease directly as the result of war service, but they could claim that it was indirectly contracted.

Sir W. Womersley

If there was evidence to show that a Civil Defence worker had contracted tuberculosis in a place where he had to carry out his duties through having to sleep on duty or anything of that sort, it would certainly be a case in which we should award compensation.

Earl Winterton (Horsham and Worthing)

May I ask a question about interpretation? Why is the phrase "Civil Defence volunteer" used? In the Civil Defence Service there are volunteers and those who are directed. Is there any significance in the term?

The Attorney-General

No, Sir.

Earl Winterton

The right hon. and learned Gentleman has no doubt assured himself that this applies equally to those who are directed?

The Attorney-General

Yes, Sir.

Earl Winterton

Then why is the word "volunteer" used?

The Attorney-General

It was the word originally used when everybody was a volunteer. When direction became possible a new title was not given to the directed people, and they were still called Civil Defence volunteers.

Mr. Tinker (Leigh)

If the word "volunteer" were knocked out all would be covered, because volunteers would be included with those directed.

Major Petherick

The word "volunteer" was in the previous instruments concerning Civil Defence. If one looks in a dictionary, I am not sure that it will not be found that the word means a person who gives his services voluntarily. I do not know whether the word in previous instruments has been redesigned, and I am not convinced that it is legally in Order to use the word in this Bill to refer to people who are not volunteers.

Earl Winterton

Originally the term "Civil Defence volunteer" was quite rightly used, but now it is out of date. The proper term should be "Civil Defence service."

Mr. Hubert Beaumont (Batley and Morley)

Would it not be simplified if instead of "volunteer" the word "worker" was used? That would include both the pressed man and the volunteer.

The Attorney-General

I agree that the used of the word has become a little illogical, but it is convenient for the purposes of the Personal Injuries (Emergency Provisions) Act. A Civil Defence volunteer is defined as anybody who is a member of the organisation, and that covers people directed as well as people not directed. The phrase should, therefore, remain, although it is a little illogical.

Question, "That the Clause, as amended, stand part of the Bill," put, and agreed to.