HC Deb 27 October 1952 vol 505 cc1635-6
Sir D. Maxwell Fyfe

I beg to move in page 3, line 20, to leave out "was committed in the course of," and to insert: arose out of and in the course of his. This Amendment arises out of a discussion we had in Committee as to whether the expression "in the course of duty" included an offence committed while the offender was on duty although the act constituting the offence was outside the scope of his duty. I submitted that the words did not bear that interpretation, but there was some difference of opinion and it is much better when one can to allay any fears which may exist. Therefore, the drafting has been strengthened by the proposed Amendment. There is a consequential Amendment to Clause 11, page 11, line 11.

Mr. E. Fletcher

I wish to thank the Home Secretary for having put down this Amendment. It substantially meets the point which I made in Committee. The Home Secretary was disposed, in Committee, to take a rather light view of the criticism which we made, but I am personally very grateful to think that, as a result of the discussion we had and his further reflection, he has met our point. I am convinced that in this form the language of the Clause is considerably strengthened. I repeat that, so far as I am concerned, it meets the point that I raised.

Amendment agreed to.

Sir D. Maxwell Fyfe

I beg to move, in page 3, line 36, at the end, to insert: Provided that this subsection shall not apply if at the time when the offence is alleged to have been committed the alleged offender was a person not subject to the jurisdiction of the service courts of the country in question in accordance with the last foregoing section. As I told the House, this Amendment is related to the Government Amendment to Clause 2, page 2, line 26. Its purpose is to provide that a person who is conscripted into the visiting forces in the United Kingdom against his will shall not be excluded from the jurisdiction of the United Kingdom courts.

Amendment agreed to.