§ 3. Mr. F. Macleanasked the Secretary of State for War why his Department will not accept responsibility for the total destruction of a motor car belonging to Mr. Peter Coburn, of 7, Havesbreakes Place, Lancaster, by military personnel using War Department equipment on War Department property.
§ Mr. ShinwellAs the hon. Member has already been informed, the soldiers responsible were not on duty at the time the unlawful act was committed. Consequently, on the grounds that in similar circumstances a private employer would not be responsible in law for the unauthorised acts committed by his servant, I am unable to accept liability. I understand that Mr. Coburn has already received payment for this loss from his insurance company.
§ Mr. MacleanWill not the right hon. Gentleman agree that, as the leave passes of the soldiers in question had expired, and as they were on War Department property and using War Department equipment, they came under military discipline?
§ Mr. ShinwellNo. My advice is that these men were definitely off duty.
§ Mr. MacleanCan the right hon. Gentleman say why a civilian car was allowed to enter the camp at such a late hour?
§ Mr. ShinwellSo far as I gather, there is no question of a civilian car entering the camp. Apparently, these men, while off duty and on a frolic of their own, broke into a civilian garage where they discovered the car and stole it.
§ Mr. MacleanIs it not a fact that the car was destroyed?