HC Deb 20 February 1948 vol 447 cc1547-50

(1) If any person (other than a person such as is mentioned in Subsection (1) of Section one of the Police (Overseas Service) Act, 1945), is aggrieved by—

  1. (a) the refusal of the police authority to admit a claim to receive as of right a pension, or a larger pension than that granted, under the regulations made under this Act; or
  2. (b) the forfeiture, under the provisions in that behalf contained in this Act, of any pension granted to him, whether under the regulations made under this Act or under any of the enactments specified in Part of the First Schedule to this Act,
he may appeal to a court of quarter sessions and that court, after enquiring into the case, may make such order in the matter as appears to the court to be just:

Provided that—

  1. (a) nothing in this Section shall confer a right to appeal against anything done by the police authority in the exercise of any power which is conferred on them by regulations under this Act and is expressly 1548 declared by those regulations to be a power which they are to exercise in their discretion;
  2. (b) regulations made under this Act may provide, in relation to questions arising out of those regulations, for the reference of any such matter as is specified in the regulations, either by the police authority or by the court, to a medical practitioner, whose decision thereon shall, subject to such rights of appeal as may be provided by the regulations to such tribunal as may be constituted thereunder, be final on the matter so referred.

(2) The court of quarter sessions to which a person may appeal under the preceding Subsection shall be—

  1. (a) if he last served in the metropolitan police force, the court of quarter sessions for the County of London;
  2. (b) if he last served in the City of London police force, the court of quarter sessions for the City of London;
  3. (c) if he last served in the police force of a borough having a separate police force and a separate court of quarter sessions, the court of quarter sessions for that borough; or
  4. (d) in any other case, the court of quarter sessions for the county in which he last served in a police force.

(3) An appeal shall lie on a point of law from any decision of a court of quarter sessions under this Section to the High Court in accordance with rules of court and the decision of the High Court shall be final

(4) The Secretary of State shall by regulations made under Section one of this Act make provision as to the court or other person by whom appeals by persons such as are mentioned in Subsection (1) of Section one of the Police (Overseas Service) Act, 1945, who are aggrieved by any refusal of the Secretary of State to admit such a claim, or by any such forfeiture, as is mentioned in Subsection (1) of this Section are to be heard and determined and the proviso to Subsection (1) of this Section shall with any necessary adaptations apply in relation to any such appeal.

(5) In the application of this Section to Scotland, for any reference to a court of quarter sessions there shall be substituted a reference to the sheriff having jurisdiction in the place where the person concerned last served as a member of a police force, and for any reference to the High Court, there shall be substituted a reference to the Court of Session.

(6) Paragraph (a) of Subsection (1) of Section seventeen of the Police Pensions Act, 1921, is hereby repealed.

Brought up, and read the First time.

Mr. Ede

I beg to move, "That the Clause be read a Second time."

This new Clause is intended to meet the criticism that the Bill itself should contain provisions preserving the right of appeal to quarter sessions granted by Section 17 of the Police Pensions Act, 1921. Under Subsection (1) that right of appeal is substantially the same as in Section 17 of the 1921 Act, and the power of quarter sessions is equally wide. It may make such order in the matter as appears to the court to be just. Proviso (a) elaborates and states rather more clearly the existing provisions in Section 17 (1) of the 1921 Act, that no right of appeal should be conferred against the exercise of any discretion. Proviso (b) makes provision for the reference to a medical tribunal on any question arising on the opinion of a medical practitioner to whom a matter is referred, either by a police authority or by the court.

Subsection (2) specifies which is the appropriate court of quarter sessions in various possible circumstances. Subsection (3), in effect, repeats the provisions of Section 17 (2) of the 1921 Act. Subsection (4) makes special provision for appeals in a number of forces established under the Police (Overseas Service) Act, 1945. Subsection (5) adapts the requirements so that they can be applicable in Scotland. Subsection (6) repeals Section 17 (1, a) of the 1921 Act, which provided for appeal in the case of forfeiture, since the new Clause (Forfeiture of Pensions) repeals Section 15 of the 1921 Act. Therefore, any appeal against forfeiture in the future, even by existing pensioners, will be against a decision taken in pursuance of this new Clause, and the new appeal procedure specified in the new Clause regarding appeals will apply.

3.0 p.m.

Mr. Hale

I think it will be more convenient if I do not move the Amendment standing in my name, to leave out lines 11 to 12, but deal in two short sentences with the points the Amendment sought to raise. We welcome this new Clause as a substantial concession, but there are a number of matters of real importance arising, in respect of which no appeal is given. One example is where an injury arises out of or in the course of duty. That is a matter in respect of which no right of appeal is given. My second point is this: The right is given for appeals to be made to a court of quarter sessions. I can understand the reason for that, but a court of quarter sessions is a somewhat unwieldy tribunal, and is not, in my respectful submission, the proper tribunal. The personnel of a court of quarter sessions is very often identical with that of the watch committee, and it should be borne in mind that the appeals will often be made in respect of a decision by the watch committee. I suggest, therefore, that my right hon. Friend should consider whether the county court is not a more suitable tribunal for appeals of this sort.

Mr. Boyd-Carpenter

I am glad that the Home Secretary has responded to the appeals, made to him a fortnight ago on Second Reading, to put this right of appeal into the Bill. As has been said, it is mainly a psychological question, but none the less it is not unimportant. It is extremely satisfactory that the right hon. Gentleman has acceded to the arguments which were put forward on the previous occasion, and has put the right of appeal on a statutory basis.

Mr. Ede

With regard to the point raised by my hon. Friend the Member for Oldham (Mr. Hale), I would point out that it is the standing joint committee and not the watch committee which deals with these matters in a county. As a member of both a standing joint committee and of a bench of quarter sessions, I can say that our deliberations are sometimes seriously delayed at quarter sessions by persons who are not members of the standing joint committee. Therefore, it makes us less of a family party than the hon. Member appears to suggest. I will consider whether the county court should not be the appeal tribunal rather than quarter sessions, although I know of no complaints which have been made in this respect. Whether an accident has or has not been incurred in the course of duties, can be the subject of appeal. A man is not debarred from appealing if he feels aggrieved by the decision of the standing joint committee in such a case.

Question put, and agreed to.

Clause read a Second time, and added to the Bill.

First Schedule agreed to.