HC Deb 08 May 1959 vol 605 cc723-4

Bill to authorise the payment under Section seven of the National Galleries of Scotland Act, 1906, out of moneys provided by Parliament, of expenditure incurred by the Board of Trustees for the National Galleries of Scotland in the performance of such functions, in addition to the management of the National Gallery and the National Portrait Gallery,

New Clause.—(EXCLUSION OF CERTAIN BENEFITS IN ASSESSMENT OF DAMAGES.)
(1) In assessing damages in respect of a person's death in any action under the Fatal Accidents Act, 1846, there shall not be taken into account any insurance money, benefit, pension or gratuity which has been or will or may be paid as a result of the death.
(2) In this section "benefit" means benefit under the National Insurance Acts, 1946 (as amended by any subsequent enactment, whether passed before or after the commencement of this Act), or any corresponding enactment of the Parliament of Northern Ireland and any payment by a friendly society or trade union for the relief or maintenance of a member's dependants.—[Mr. John Hobson.]

Brought up, and read the First time.

11.5 a.m.

Mr. John Hobson (Warwick and Leamington)

I beg to move, That the Clause be read a Second time.

In this Bill we are dealing solely with cases where a person has been killed and, in consequence, his dependants have a claim for damages. Under the common law, in arriving at the total payment to be paid by the person responsible for the death, any benefits that accrue to those dependants, have to be set off and brought into account against the loss that has been suffered.

This new Clause is only a redraft of Clause 2 which was put into the Bill in Standing Committee. It does not attempt in any way to alter the principles of that Clause 2, but slightly extends them, and I hope that the House will consider that it improves and clarifies what the mover of the original Clause 2 intended.

It might be for the convenience of the House if, very shortly, I compare the as are conferred on them by or under that Act, presented by Mr. John Maclay; supported by Mr. Simon, Mr. J. Nixon Browne, and Mr. Niall Macpherson; read the First time; to be read a Second time upon Monday next and to be printed. [Bill 104.]