HL Deb 27 June 1910 vol 5 cc1017-22

Order of the Day for the House to be put into Committee, read.

Moved, That the House do now resolve itself into Committee.—(Lord Reay.)

On Question, Motion agreed to.

House in Committee accordingly.

[The Earl of ONSLOW in the Chair.]

Clauses 1 to 3 agreed to.

Clause 4: 4.Section three and subsection (3) of section twenty-five of the principal Act is hereby repealed.

LORD REAY

The Amendment to this clause is of a verbal nature—namely,to substitute the word "are" for the word "is."

Amendment moved— Clause 4,page 1,line 14,leave out ("is")and insert ("are").—(Lord Reay.)

On Question, Amendment agreed to.

Clause 4, as amended, agreed to.

Clause 5: 5. In lieu of section three of the principal Act the following provisions shall apply:—

  1. (1) The pensions, allowances, and gratuities granted to constables of a police force and to their widows and children shall be in accordance with the pension scale for the force:
  2. (2) The pension scale for a force shall be:—
    1. (a) As regards pensions granted in accordance with section one (a) of the principal Act, the scale set forth in Part I. of the schedule to the principal Act;
    2. (b) As regards pensions granted in accordance with section one (b) of the principal Act, the scale set forth in the schedule to this Act;
    3. (c) As regards special pensions and allowances and gratuities, the scale set forth in Part II. of the First Schedule to the principal Act as read with the Police Act, 1909; provided that a special pension awarded to a constable with more than twenty years approved service shall not be less than the pension which would be awarded to the constable if the pension were granted in accordance with section one (b) of the principal Act; and
  3. (3) The rules contained in Part III. of the First Schedule to the principal Act shall apply to all pensions, allowances, and gratuities granted under the principal Act and this Act.

LORD REAY

The Amendment to this clause is in subsection (2) (a), to insert after the word "the" [the scale set forth in Part I of the] the word "first."

Amendment moved— Clause 5, page 1, line 24, after the first("the") insert ("first").—(Lord Reay.)

On Question, Amendment agreed to.

Clause 5, as amended, agreed to.

Clauses 6 to 8 agreed to.

Clause 9. 9.—(1) Where a constable of a police force to which the principal Act applies has, in pursuance of a Royal proclamation, been called into actual service as a member of any Royal Naval Reserve force, or been called out for permanent service as a member of the Army Reserve, his period of service under that proclamation may, if the police authority think fit, be reckoned in the computation of approved service. (2) Subsection (5) of section four of the principal Act (which relates to the computations of approved service of constables who belong to the Army Reserve or Naval Reserve) shall apply to constables who belong to any Royal Naval Reserve force, with the substitution of "required for training or called into actual service "for" called out for training of for permanent service. (3) The Police Reservists Act, 1902, is hereby repealed.

THE EARL OF CAMPERDOWN

I wish to ask the noble Lord a question with regard to this clause. I do not think it is within the competence of this House to alter it, but I want to point out what appears to me to be rather an injustice to a policeman who is called out to serve in the Army Reserve or Naval Reserve. The clause says that where a constable has been called into actual service as a member of any Royal Naval Reserve force or has been called out for permanent service as a member of the Army Reserve, his period of service under that proclamation may, "if the police authority think fit," be reckoned in the computation of approved service. Looking at it entirely from the policeman's point of view, it is surely rather a hard thing that if he is called out to serve his country that service need not necessarily count towards his pension. I dare say that those who have prepared this Bill may take the view that they do not wish to put compulsion on local authorities to expend the rates which those authorities have to raise. There is a good deal in that, but on a great many much more important occasions the Government pay no attention to that doctrine—such, for instance, as improvement schemes and large matters of that sort—and having swallowed so many camels I do not see why they should strain at this particular gnat. Looking at it from the policeman's point of view, it is very hard that, whereas if he remained serving in the police force he would be counting his time towards pension, when he is called out to serve his country he may not be allowed to count that time in his service. There is this objection to it, that he is serving the Government, and surely the Government when a policeman is serving them ought themselves to be responsible for any payment which he is earning in the way of pension whilst serving in that capacity. This House cannot alter this clause, but it seems to me that it is a great hardship on the policeman.

LORD REAY

I may, perhaps, point out to the noble Earl that the object of this Bill is simply to assimilate the position in Scotland to that in England. If he will look at Section 4 of the English Police Act of 1906 he will find that the words "if the police authority think fit" also appear there. That is one of the reasons. But I am given to understand that there is also another reason. There maybe cases—I do not think they will be many—in which a man may be earning a pension while serving as a Reservist, and it is in order to meet those cases, if they were to occur, that this facility is given. I need hardly say that I cannot conceive that any police authority in Scotland would make use of this provision for the purpose of withholding a pension when one of their officers is called out on national service to perform a public duty. I hope this explanation will satisfy the noble Earl.

THE EARL OF CAMPERDOWN

I am not acquainted with the Army Regulations for pensions, but if it is the case, as the noble Lord says, that when a man is serving as a Reservist he is earning a pension in that capacity, that entirely meets my point.

On Question, Clause 9 agreed to.

Clause 10 agreed to.

Clause 11:

11.—(1) The word "thirty" occurring in subsection (2) of section twenty-five of the principal Act shall be deleted and the words "forty-five" shall be inserted in lieu thereof. Provided that the said subsection shall not apply to the case of a person transferred or appointed to the post of chief constable.

(2) The words "Great Britain" occurring in subsection (4) of section four and subsection (6) of section twenty-seven of the principal Act shall be deleted and the words "the United Kingdom" shall be inserted in lieu thereof.

(3) In lieu of subsection (3) of section twenty-five of the principal Act, the following provision shall apply:— The limit of age in the case of a chief constable on first appointment shall be forty-five years. In the case of promotion or transfer of a person serving in the police force to the post of chief constable in the same or another police force, the limit of age shall not exceed fifty-five years.

LORD REAY

I propose to omit from subsection (3) the words "in the case of a chief constable on first appointment shall be," and to insert the words in my Amendment. The object is exactly the same, but the new words are inserted to make it clear.

Amendment moved— Clause 11, page 4, lines 38 and 39; leave out from ("age") to ("forty-five"), and insert "of a person not serving in a police force on appointment to the office of chief constable shall not exceed."—(Lord Reay.)

On Question, Amendment agreed to.

Clause 11, as amended, agreed to.

Remaining clauses agreed to.

The Report of Amendments to be received on Wednesday next, and Bill to be printed as amended. (No.71.)

House adjourned at five minutes before Six o'clock, till To-morrow, half-past Ten o'clock.