§ Lords Amendment: In page 25, line 39, leave out "service" and insert "employment."
§ This is an attempt to differentiate between service and employment.
Lords Amendment: In page 26, line 44, leave out from "excluding" to "injury" in line 47 and insert:
or modifying, in the case of an injury in respect of which an award is made under the Scheme, being an injury sustained in the execution of duty in such circumstances as may be specified in the Scheme, any other right against the Crown or other authority in whose employment the injury occurred to compensation or damages in respect of the
§ Mr. Ede
I beg to move, "That this House doth agree with the Lords in the said Amendment."
The Subsection amended in this way was intended to re-enact substantially the existing provision in the Fire Brigades Pension Act which is being repealed, and which is that a fireman could not prosecute an alternative claim for damages under, say, the Compensation Acts in respect of an injury sustained on duty and draw a pension under the Act in respect of that injury. The provision could not be re-enacted without alteration because a fireman must, in future, get his pension under the regulations relating to industrial 594 injuries insurance under the Act of 1946. The Subsection was too widely drawn and an Amendment was necessary in any event. That being so, when the Subsection was amended in another place, opportunity was taken to modify it so as to enable the Secretary of State either to exclude any form of compensation other than an injury pension or to abate in respect of the injury pension the amount of compensation. The Government have under consideration the intention eventually to deal with the matter, and the Home Secretary must have sufficient freedom of action to make the Firemen's Pension Scheme agree with the eventual decision of Parliament.