HC Deb 08 May 1953 vol 515 cc745-7

Not amended (in the Standing Committee), considered.

Mr. R. Fleetwood-Hesketh (Southport)

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

11.7 a.m.

Mr. Gerald Williams (Tonbridge)

I beg to second the Motion.

I wish to say how grateful we are to my hon. Friend the Member for South-port (Mr. Fleetwood-Hesketh) for having introduced the Bill. He has got rid of an anomaly, and anomalies are annoying things and sometimes cause a good deal of frustration. By means of the Bill he has helped us to prevent a considerable amount of difficulty which might have arisen in the future.

In an emergency, soldiers and sailors are at present able to write a will on a piece of paper without any witnesses or make a will orally if there are two witnesses to say that it was done. That is essential for Service people. As he gets older, the ordinary civilian usually writes a will, but this gives Service people an opportunity, if they are suddenly brought into contact with danger, to make a will quickly. When the present emergency ends, sailors and marines will be allowed to leave their civilian property in that way but for some strange reason they will not be entitled to leave their naval assets, such as prize money, bounties and arrears of pay, in that manner.

I am sure that my hon. and gallant Friend the Parliamentary Secretary to the Admiralty will tell us that there are never any arrears of pay in the Navy, but there are often arrears of prize money, for prize money takes a very long time to work out. The Bill will enable sailors and marines to use the emergency method of writing a will in respect of their naval assets.

I congratulate my hon. Friend upon having stepped ahead of the times. If he had not done this, the emergency legislation which at present permits it would have expired and we should then have gone right back to where we were in the old days. This shows that Private Members' Bills can be extremely useful, especially when they are handled by an hon. Member with a legal mind such as my hon. Friend. I am sure he will receive the gratitude not only of the Admiralty, who want this Bill to clear up an anomaly which might arise, but also of those who may benefit under wills and also by marines and sailors all over the country, and he will also receive the gratitude of hon. Members on both sides of the House.

11.9 a.m.

Mr. Fleetwood-Hesketh

Perhaps I might be allowed to thank my hon. Friend the Member for Tonbridge (Mr. G. Williams) for what he has said and also to express my appreciation for the support which I have received from all parts of the House during the passage of the Bill. I should also like to thank the legal advisers at the Admiralty for the great assistance which they have given me during the proceedings.

I hope that those whom the Bill is intended to benefit will receive help from it and I am glad to think that the Bill may contribute in a small way to reducing the great volume of temporary legislation which two world wars have inflicted upon us.

11.10 a.m.

Mr. Ede (South Shields)

I am sure we all wish to congratulate the hon. Member for Southport (Mr. Fleetwood-Hesketh) on his success in getting this Bill through almost without speaking a word. But for the provocation of the hon. Member for Tonbridge (Mr. G. Williams), I very much doubt if we should even have heard the thanks to the Admiralty.

This is a very useful piece of legislation. I hope that not too many people will go home and write their wills as a result of what the hon. Member for Tonbridge said, for I think the records of the courts show that even lawyers can make a terrible mess of writing their own wills. It is even as well for them to consult someone else, if they have time to do so.

I think it is as well that the few words which have been said on this occasion should be said. One trembles to think what would be the fate of some officer of marines who was told to explain this Bill to ratings if nothing at all had been said about it. We all hope that this Bill will fulfil the anticipations of the mover of the Motion and of the hon. Member for Tonbridge.

11.12 a.m.

The Parliamentary and Financial Secretary to the Admiralty (Commander Allan Noble)

I wish to endorse what has been said in thanking and congratulating my hon. Friend the Member for Southport (Mr. Fleetwood-Hesketh) on having used his good fortune in the Ballot to bring forward this Measure. As the right hon. Member for South Shields (Mr. Ede) said, this Bill enables the emergency legislation to be made permanent. We are most grateful and congratulate my hon. Friend on the success he has had.

Question put, and agreed to.

Bill accordingly read the Third time, and passed.