HC Deb 30 July 1946 vol 426 cc915-6

Lords Amendment: In page 44, line 14, leave out "fails", and insert "refuses or neglects."

Mr. J. Griffiths

I beg to move, "That this House doth agree with the Lords in the said Amendment."

I moved an Amendment of a similar kind to the Industrial Injuries Act last week. The hon. Member for Kingston-upon - Thames (Mr. Boyd - Carpenter) asked me a question. I told him that we had been advised that these were the right words to use. I understand, if I may quote legal authority as a layman among all the legal gentlemen of this House, that the words "refuses or neglects" constitute an expression well known in the law and to lawyers. It includes not only an innocent failure to do something, but a culpable forbearance or negligence to do a duty. It was agreed by the lawyers as being the best form of words we could produce and I accepted it.

Mr. David Renton (Huntingdon)

May I correct the right hon. Gentleman? It excludes an innocent failure.

Mr. Griffiths

I am sorry. That is so. Question put, and agreed to.