HC Deb 10 December 1953 vol 521 cc2155-7
7. Mr. R. Adams

asked the Secretary of State for the Home Department if he will make a statement upon the case of Civil Defence volunteer, Mr. A. P. Avenell, to which his attention has been drawn.

Sir D. Maxwell Fyfe

I understand that Mr. Avenell, who was an auxiliary fireman, is a co-defendant with the London County Council in proceedings for damages started by another auxiliary fireman, who was accidentally injured at drill. The London County Council is negotiating with the injured man's solicitors for an amicable settlement, and any settlement completed will be on the basis that the injured man's claim against Mr. Avenell will be withdrawn and the proceedings against him terminated.

Mr. Adams

While thanking the Home Secretary for that information, may I ask whether he is aware that this accident happened more than two years ago and that for some months Mr. Avenell has been in jeopardy of a High Court action and possible bankruptcy? Will the right hon. and learned Gentleman try to get the law altered in respect of this matter?

Sir D. Maxwell Fyfe

I did go rather further than is usual in discussing a case that is not yet completed, but if I might answer the hon. Gentleman generally I can tell him that I have this matter under consideration.

8. Mr. R. Adams

asked the Secretary of State for the Home Department if he will make a statement on the rules laid down by him in regard to the personal liability of part-time Civil Defence volunteers for the consequences arising from accidents in which they are involved while on duty.

Sir D. Maxwell Fyfe

The personal liability of part-time Civil Defence volunteers for the consequences of their actions on duty is a matter of law in which I have no authority to lay down rules. But I have no reason to doubt that Civil Defence authorities would follow well-established practice and in all proper cases stand behind the volunteer concerned in civil proceedings arising out of an accident occurring in the performance of his duty.

Mr. Adams

Is the Home Secretary aware that as the law now stands, a Civil Defence volunteer who is involved in an accident while on duty is personally liable for damages? Does he not consider that the law in this respect is totally unsatisfactory, and will he get it altered?

Sir D. Maxwell Fyfe

The law is a general law. It places personal liability on every tortfeasor even if he is acting in the course of his duty. I think the answer is that the practice in this country, which has worked very well, is that the Government, local authorities and bodies of that kind do stand behind the man in every proper case.