HC Deb 11 July 1949 vol 467 cc154-6

Order for Second Reading read.

9.23 p.m.

The Minister of Pensions (Mr. Marquand)

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

This Bill will give me an opportunity of rendering a very small service to a Government which has already rendered very great services to our people, and I feel sure that I shall be able to secure the agreement of the House to this very small Measure tonight.

The Bill makes provision for the administration by the Minister of Pensions of veterans' pensions and other sums payable under the law of the United States of America in respect of United States veterans, their wives and dependents resident in the United Kingdom who are unable to manage their own affairs. I want to make that quite clear at the start. Though the Bill itself does not specifically refer to this, it arises from the American law, and the arrangements provided for in this Bill apply only to minors or veterans themselves, or to adult dependents who are unable to manage their own affairs. I should perhaps also explain that these provisions are intended to apply only to dependents of those United States veterans who have been disabled or killed and in respect of whom the United States Veterans' Administration has incurred a financial liability under American law.

Section 21 of the United States World War Veterans' Act provides that where any payment of compensation, adjusted compensation, pension, emergency officers' retirement pay, or insurance under any Act administered by the Veterans' Administration is to be made to a minor, other than a person in the military or naval forces of the United States, or to a person mentally incompetent, or under other legal disability adjudged by a court of competent jurisdiction, such payment may be made to the person who is constituted guardian, curator or conservator by the laws of the State of residence of claimant, or is otherwise legally vested with the care of the claimant or his estate. The United States Government have requested me and, of course, subsequent Ministers of Pensions in this country to act as guardian in these cases and to receive and administer as a trustee such funds as may be payable. I should say at the outset that it is not intended that this Bill shall apply in any case where there is a legal guardian, receiver or committee who is able to receive and administer the funds in question, but only where there is no such person or where, in any exceptional case it is not desirable that such a person should receive the funds.

The United States Veterans' Administration, through their representatives in this country, have knowledge of the services which we are able to perform here for our own disabled ex-Service men and their dependants, and they are satisfied that we can discharge this obligation for them quite conveniently. I am satisfied that we can do that, taking the work, as it were, in our stride. The total number of persons for whom we shall have to perform this service is certainly not at the moment very large, and it is most unlikely that it ever would become very large, so that the cost of it is negligible.

Turning to the text of the Bill, paragraphs (1) and (2) of Clause 1 provide that where in respect of any person it is agreed between the Minister and the Administrator of Veterans' Affairs that the Minister shall, during a period known as the period of administration by the Minister, administer any funds received by him, he shall hold them upon trust to deal with them either by paying them to or applying them in the interests of the person concerned or by investing them and applying the investments for the same purpose.

Paragraph (3) of Clause 1 is concerned with the termination of the period of administration. The Minister may do one of three things. First, he may request the Administrator of Veterans' Affairs to specify to whom and when he is to pay or transfer any moneys or investments still held in trust by him. Secondly, he may hold the moneys or investments upon trust for the person con- cerned. Thirdly, if the person concerned has died and the Minister does not act in the manner firstly referred to, he may pay or transfer the moneys or investments to the personal representative of the person concerned or where the aggregate amount or value of the moneys or investments does not exceed £100, he may pay or transfer them to the persons who would be beneficially entitled. This paragraph also includes an express provision preventing any of the moneys or investments escheating or going by way of bona vacantia to the Crown. Obviously it would not be right for moneys emanating from the United States Government to go by way of bona vacantia to the Crown.

Paragraph (4) of Clause 1 contains an express prohibition preventing the operation of the Bill in any case where a Court in the United Kingdom has appointed a person to act as a guardian, etc., being a person who is competent to act for the purposes of the Bill. Paragraph (5) enables His Majesty by Order in Council to extend the provisions of the Bill to the Isle of Man and the Channel Islands. Clause 2 of the Bill deals with the Short Title and Interpretation.

I hope that the explanation I have given to the House and the very warm welcome which this Bill received in another place will be sufficient to cause the House to agree to give the Bill a Second Reading.

9.30 p.m.

Earl Winterton (Horsham)

I find myself in the unusual position of wholeheartedly blessing a Bill brought in by the Government—a position so rare as to be quite agreeable. The right hon. Gentleman has clearly explained the purpose of the Bill which, I think, is a perfectly proper and worthy one, and I should like to add, as one who has known the United States on and off for very many years, that I am glad that we can be of some reciprocal assistance to a generous and great hearted people with whom we are so closely associated in so many ways.

Committed to a Committee of the whole House for Tomorrow.—[Mr. Snow.]