NATIONAL INSURANCE (AMENDMENT) (Hansard, 2 February 1955)

§ Mr. J. Langford-Holt (Shrewsbury)

I beg to move, That leave be given to bring in a Bill to amend section twenty-nine of the National Insurance Act, 1946. I think it is quite obvious that when hon. Members on both sides of the House saw this Motion on the Order Paper they acquainted themselves with Section 29 of the National Insurance Act, but it may be convenient if I say that Section 29 deals with two points. It deals with the exclusion from the operation of that Act of two classes of persons. First, with those who are abroad out of the United Kingdom, and secondly, with those who are in prison.

I, with other hon. Members of this House, went on a visit to the Army in Germany and one of the things which struck us all, without exception, was the feeling of resentment which exists among the troops in Germany that they are, for many purposes, considered to be serving in the United Kingdom, and yet, for other purposes, are considered to be abroad. Regardless of whether one feels that service in Germany should be considered home service for pay purposes or for postings, it seems to me to be quite illogical that one Department of the Government should say that a soldier is serving at home, while another Department of the Government should say that the same soldier and his relatives are abroad. In quoting Germany, I do so by way of example, and it is not only on the case of Germany that my case hangs.

I hope that the House will give me leave to introduce this Bill without a Division. I have, of course, taken the precaution of finding out what may be the possible objections to the Bill.

The first objection could be that this is one of many anomalies which exist in the National Insurance Act. As the Prime Minister said not long ago, I think it would be an inconvenient rule if nothing could be done until everything is done.

The second possible objection is that by passing this Bill we should be opening the door to other classes of persons who might seek to take advantage by saying that their case is just as strong. I take the view, rightly or wrongly, that mem- 1112 bers of the Armed Forces who are sent abroad through no fault of their own, and, in many cases unwillingly, are in a class entirely separate from those who go abroad on business or to live.

The third objection which may be put forward is that it was announced in the House a few days ago that there would be coming forward very shortly—and I have no reason to doubt it—an agreement with Western Germany on reciprocal arrangements, so that those British subjects who are in Germany should receive benefits under National Insurance in the same way as German subjects over here.

The first point that occurred to me on that is that it would be wrong that the rights of relatives of British Service men overseas should be dependent upon the willingness or unwillingness of a foreign Government to conclude an agreement, and that they should also be dependent on the standard—because, ultimately, it does depend on the standard—of the welfare services of that country.

Secondly, what is to happen if British troops are sent into other parts of Europe under the North Atlantic Treaty Organisation to countries where no such arrangements exist? Are we then to have to wait while an agreement is concluded? After all, the National Insurance Act has existed for 8½ years. I do not know how long it has been considered that troops in Germany are serving overseas, but to my knowledge this has been so for a considerable time.

The last reason which may be put forward for not bringing in this Bill is that this matter could be done under the present legislation by regulation. My answer to that would be that this power to issue regulations has existed ever since the Act was introduced as a Bill, in 1946. Therefore, to ensure that this is able to be done, and is done, I would prefer to put the matter beyond doubt by its inclusion as an amendment of Section 29 of that Act.

This is a very narrow point on which I ask the leave of the House to introduce the Bill. It covers relatives of those who are outside the United Kingdom through no fault of their own, and in many cases, as I have said, against their will, and it will put right a sense of injustice which, I think, is doing disservice to the Armed Forces of the Crown abroad.