HC Deb 31 May 1949 vol 465 cc1879-80
2. Mr. Swingler

asked the Minister of Pensions whether he intends to issue a certificate of attributability to service under the Crown Proceedings Act, 1947, in the case of the death of Private K. J. Mather, details of which were communicated to him by the hon. Member for Stafford on 3rd May.

The Parliamentary Secretary to the Ministry of Pensions (Mr. Simmons)

As my right hon. Friend informed the hon. Member on 18th May, in the event of proceedings against the Crown in respect of the death of Private K. J. Mather being instituted, my right hon. Friend is prepared to issue, in accordance with Section 10 of the Crown Proceedings Act, 1947, a certificate that death will be treated as attributable to service for the purposes of eligibility to make a claim for an award under Article 37 of the Royal Warrant of 24th May, 1949.

Mr. Swingler

Has my hon. Friend carefully considered what was stated at the inquest in connection with this fatal accident? Is he aware that the coroner found that there was some negligence on the part of an individual and on the part of the authorities which resulted in the tragic death of Private Mather? Is it right that this certificate should be issued exempting the Crown from any action?

Mr. Simmons

I think that matter is dealt with in the next question.

3. Mr. Swingler

asked the Minister of Pensions to what extent when he decides whether to issue a certificate of attributability to service under the Crown Proceedings Act, 1947, in the case of the death of soldier, sailor or airman, he takes into account the question of negligence on the part of an individual or on the part of the authorities.

Mr. Simmons

When deciding whether to issue a certificate of attributability to service under the Crown Proceedings Act, 1947, in the case of the death of a soldier, sailor or airman, my right hon. Friend does not take into account the question of negligence on the part of an individual or on the part of the authorities. Such a question is not relevant.

Mr. Swingler

Is not my hon. Friend aware that it was part of the intention of the Crown Proceedings Act to put the Crown in the same position as any other employer, and to restore to citizens their common law rights? Where negligence is involved resulting in a fatal accident which cannot be considered as a normal risk of military life, surely it is right that the citizen should have these common law rights?

Mr. Simmons

We are governed by the provisions of the Section of the Crown Proceedings Act, 1947, which I have quoted, and if we are asked to decide on attributability that is all that we have to decide; negligence or otherwise does not enter into the matter.

Mr. Swingler

Can my hon. Friend say that the fatal accident in which Private Mather was involved, for example, was a normal risk of military life, or does he automatically issue certificates of attributability to service in the case of a fatal accident in the Forces?

Mr. Simmons

The question which we have to decide is whether the man was engaged in the pursuit of his ordinary duties. That is the obligation placed upon us by the Crown Proceedings Act.

Mr. Swingler

In view of the unsatisfactory nature of the reply, I beg to give notice that I shall raise this matter on the Adjournment at the earliest opportunity.