HC Deb 29 April 1947 vol 436 cc1707-9
25. Mr. Willis

asked the Secretary of State for Scotland if he will consider amending the Confirmation of Executors (War Service) (Scotland) Act, 1940, to enable confirmations to be granted on a certificate by the Colonial Office.

27. Lieut.-Commander Clark Hutchison

asked the Secretary of State for Scotland whether he is aware of the hardship being experienced by the widows and families of men who served in the Colonial forces and who subsequently died in Japanese prisoner-of-war camps, on account of their inability to complete title as executors owing to the fact that under the existing law the Colonial Office is not designated as a competent authority; and whether he will introduce amending legislation at an early date.

30. Mr. Gilzean

asked the Secretary of State for Scotland if he will take steps to amend the Confirmation of Executors (Scotland) Act, 1940, so as to enable the widows, children and other relatives of Scotsmen who served in the colonial forces and who are presumed to have died while prisoners of war to secure such confirmation.

The Lord Advocate (Mr. G. R. Thomson)

The Confirmation of Executors (War Service) (Scotland) Act, 1940, provides facilities for confirmation of executors of persons missing during the "war period," which ended on the 24th February, 1946,. on the expiration of the Emergency Powers (Defence) Act, 1939. I appreciate that there are cases where difficulty has arisen in the operation of the Act, but, in present circumstances, I could not undertake to introduce amending legislation.

Lieut.-Commander Hutchison

Would not a single-Clause Bill meet the case, and clear up these outstanding cases of hardship?

The Lord Advocate

There are other difficulties, besides merely bringing in a single-Clause Bill, in a number of cases required to be dealt with by the Colonial Office. If one started to deal with those cases, others might ask for similar concessions, and that is where the difficulty would arise.

Mr. Hector Hughes

Is the Minister aware that the present system causes inconvenience, delay and expense to next of kin, and will he devise some other means of making representations?

The Lord Advocate

We will see whether anything can be done from the administrative point of view.

Lieut.-Commander Hutchison

Cannot a Bill be introduced in another place to deal with this matter?

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