POLICE PENSIONS BILL. (Hansard, 5 July 1921)

HL Deb 05 July 1921 vol 45 cc940-57 940

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

THE PARLIAMENTARY SECRETARY OF TEE MINISTRY OF HEALTH (THE EARL OF ONSLOW)
My Lords, I beg to move that the House do now resolve itself into Committee. In doing so, I should like to take the opportunity of replying to a Question, of which the noble Lord, Lord Harris, has given Me private notice, in regard to the rates of pension of certain police officers in Lancashire, who retired on pensions before the war. During the war, these officers temporarily rejoined the police force on special rates of pay, lower than those then current, which they received, of course, in addition to their pensions, and the rates were increased from time to time In April, 1919, the pay of the police generally was substantially increased, and. these men now desire to have their pensions re-assessed on the new rates of pay. The increase of pre-war pensions was dealt with by the Pensions (Increase) Act of last session, and such men as are entitled to benefit under that Act will do so. There is no authority, however, for re-assessing their pensions under the new rates of pay. In any case, this Bill deals with future pensions, and not with pensions already granted.

§ Moved, That the House do now resolve itself into Committee —(The Earl of Onslow.)

§ On Question, Motion agreed to.

§ House in Committee accordingly.

§ [The EARL OF DONOUGHMORE in the Chair.]

§ Clauses 1 and 2 agreed to.

§ Clause 3:

§ Pensions and gratuities of widows.

§ 3.—(1) Subject to the provisions of this Act—

(a) where a member of a police force who has completed five years' approved service, dies or has, on or before the date of the passing of this Act, died whilst serving in the force, or whilst in receipt of a pension from a police authority, or in consequence of any disease or injury on account of which he retired from a police force, his widow shall be entitled to a widow's ordinary pension; and
(b) where in any case a member of a police force dies whilst serving in the force from the effects of an injury received in the execution of his duty without his own default, or, having been granted a pension in respect of any such injury, dies from the effects of such injury, his widow shall be entitled, where the injury was accidental to a widow's ordinary pension, and where the injury was non-accidental to a widow's special pension.

§ (2) Where a member of a police force dies whilst serving in the force and his widow is not entitled to a pension under this Act, his widow shall be entitled to a gratuity.

§ (3) Where a widow is entitled to a pension under this Act, the police authority may, at their discretion and with her consent, grant her a gratuity in lieu thereof.

§ THE EARL OF ONSLOW moved, at the beginning of paragraph (a) of subsection (1), after "where a member of a police force, who," to insert "having joined the force after the first day of September, nineteen hundred and eighteen." The noble Earl said: This clause, in the Bill as it was introduced in another place, was identical in effect with similar provisions in the Police Pensions Act, 1918, of which Sections 1, 2, 3 and 5 are repealed. The passage of that Act was the first occasion on which the principle was introduced of granting pensions to widows of policemen who did not die as the result of injuries received in the execution of their duty, and it was not made retrospective; that is to say, the widows of men who died before September, 1.918, were not included in the general scheme. When the Bill was considered in another place, an Amendment was carried, making the widows of men who died before September, 1918,capable of drawing pensions. The Government cannot accept this principle. The question of the retrospective application to widows of the scheme of 1918 was carefully considered in Parliament in 1918, when the original Act was passed, and it was negatived.

§ It cannot be said, I think, that the widows of men who died before the principle of extending these pensions was introduced have any claim. The responsibility of the police authorities towards them terminated on the death of the husband, which, in many cases, may have taken place twenty, or thirty, or even forty years ago. If the clause, as it stands in the Bill, were enacted, it would re-open cases for many years back, and pensions might be granted to persons who really had had no connection with the police force for so long as forty years. I 942 would also add that the cost of extending the scheme to pre-1918 widows would be very serious. There are no exact figures, perhaps, to show how many widows there are, but the cost can be computed approximately by the actuarial calculations which were worked out when the scheme of 1918 was under consideration. The payment of pensions at the rate proposed would involve an immediate cost of about £300,000 a year, gradually falling off as the pensioners died.

§ Amendment moved— Clause 3, page 3, line 16, after (" who ") insert (" having joined the force after the first day of September nineteen hundred and eighteen ") —(The Earl of Onslow.)

§ On Question, Amendment agreed to.

THE EARL OF ONSLOW
The next Amendment is consequential.

§ Amendment moved— Page 3, lines 17 to 19, leave out (" or has, on or before the date of the passing of this Act, died ").—(The Earl of Onslow.)

§ On Question, Amendment agreed to.

THE EARL OF ONSLOW
The next is a drafting Amendment.

§ Amendment moved— Page 3, line 35, leave out (" (2) ") and insert (" and (c)") —(The Earl of Onslow.)

§ On Question, Amendment agreed to.

§ THE EARL OF ONSLOW moved to leave out subsection (3) and insert:— ; and (d) Where a widow is entitled to a pension under this Act not exceeding fifty pounds a year, and the police authority are satisfied that there are special reasons for the grant of a gratuity in lieu thereof, the police authority may, at their discretion and with her consent, grant her a gratuity accordingly.

§ The noble Earl said: This Amendment requires a certain amount of explanation. Its object is to introduce a modification of the scheme for widows' pensions in circumstances in which a gratuity of a lump sum is granted in lieu thereof. Under the Bill no widow may receive a pension of more than £50 a year, but a gratuity not exceeding one-twelfth of her husband's annual pay for each completed year of approved service may be granted in lieu of pension. This gratuity in the maximum amount 943 would, in some cases, be much more favourable to the widow, particularly in the cases of the higher ranks, than a pension. For instance, in the case of a superintendent getting £500 a year the widow's maximum gratuity would be £1,250. In the case of a chief constable with £1,000 a year, the gratuity would be £2,500, and similarly, in the case of a chief constable with £ 2,000 a year the gratuity would amount to £5,000, while the pension could not be greater in either case than £50 a year. The grant of a gratuity, however, is at the discretion of the police authorities, and some might make a practice of granting the maximum gratuity where it was more favourable to the widow, while others might take a different course. This would bring about a very serious departure from the principle of standardisation.

§ As regards that principle, your Lordships are aware that the whole of this Bill is based upon the Report of the Committee over which Lord Desborough presided. The Report is on an exhaustive scale, and it deals with many other things as well as pensions. It proved of the utmost value not only to the Home Office but to all authorities concerned with the police. This question of pensions is merely part of the Report, but throughout that Report the principle of standardising all the conditions of the police is emphasised very strongly, and in no case more than that of pensions. Therefore, to depart from that principle would be to depart from the Report. The particular question dealt with in this Amendment is not touched upon in the Report, but since the Report has been received the Home Office has been carefully studying the question, and this Amendment has been evolved in consequence.

§ The main principle in the Amendment is that it is preferable in all cases to pay a pension rather than give a gratuity. It is recognised that the pension must be made fair, and therefore a flat rate is introduced on an increasing scale. As your Lordships will see by the Amendments to the First Schedule, the increased rate of pension will approximate to 5 per cent. of the maximum gratuity. In the case of a man who died after thirty years' service the pension would be as follows: In the case of a superintendent receiving £500 per annum the widow's pension would be £62 10s.; in the case of a chief constable with £1,000 a year, the pension would be 944 £125, and in the case of a chief constable receiving £2,000 a year, the pension would be £250. But these widows will not be eligible for gratuity. Their pensions being over £50, they will receive the pension without any option. But widows whose pension would not exceed £50 a year may, if the special circumstances of the case warrant it, and the police authorities agree, receive a gratuity. It is not expected that a large number of these gratuities will be given, but it is obvious, as regards the widows of men in the lower ranks of the police, who would be entitled to a small pension only, that a certain amount of latitude must be given. They may want capital to start a small business, and it is felt to be undesirable that they should be debarred by Statute from receiving it. I therefore beg to move the Amendment.

§ Amendment moved— Page 3, lines 38 to 40, leave out subsection (3) and insert the said new paragraph.—(The Earl of Onslow.)

§ On Question, Amendment agreed to.

§ Clause 3, as amended, agreed to.

§ Clause 4:

§ Allowances and gratuities of children.

§ 4.—(1) Subject to the provisions of this Act, where a member of a police force dies whilst in the force, or where a member of a police force, having been granted a pension, dies from the effects of an injury received in the execution of his duty without his own default, his children under sixteen years of age shall be entitled to allowances until they severally reach the age of sixteen years:

§ Provided that the police authority may at their discretion and with the consent of the man's widow, or if he leaves no widow the guardians of his children, grant gratuities in lieu of such allowances.

§ (2) Where a member of a police force to whom a pension has been granted dies within twelve months after the grant of the pension from any cause other than that specified in the preceding subsection, the police authority may, if they think lit, grant gratuities to his children under sixteen years of age or any of them.

§ (3) In all cases where under this section gratuities may be granted to the children of a member of a police force, the police authority may, if they think fit, also grant gratuities to any other person who has been wholly dependent upon him.

§ THE EARL OF ONSLOW: The first Amendment to this clause is drafting.

§ Amendment moved— Clause 4, page, 3, line 41, after (" Act ") insert (" (a) ").—(The Earl of Onslow.)

§ On Question, Amendment agreed to.

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§ THE EARL OF ONSLOW had on the Paper an Amendment in subsection (1), after "dies," where that word secondly occurs, to insert "within twelve months after the grant of the pension or." The noble Earl said: There is a slight verbal alteration in this Amendment. I want to move, at the end, after "or," to insert the words at any time." The object is to extend the grant of allowances to the children of men who die from natural causes and who die within twelve months or at any time after the grant of the pension.

§ Amendment moved— Page 3, line 44, after (" dies ") insert (" within twelve months after the grant of the pension or at any time "). —(The Earl of Onslow.)

§ On Question, Amendment agreed to.

§ THE EARL OF ONSLOW moved to omit the proviso to subsection (1) and to insert— ; and (b) Where the child of a member of a police force is entitled to an allowance under this Act, and the police authority are satisfied that there are special reasons for the grant of a gratuity in lieu thereof, the police authority may, at their discretion and with the consent of the man's widow, or if he leaves no widow, the guardian of the child, grant a gratuity accordingly.

§ The noble Earl said: This is to enable the police authority to pay a gratuity in lieu of allowance, and is necessary to give them power to do so.

§ Amendment moved— Page 4, leave out lines 5 to 8 inclusive and insert the said new paragraph —(The Earl of Onslow.)

§ On Question, Amendment agreed to.

THE EARL OF ONSLOW
The next Amendment is consequential.

§ Amendment moved— Page 4, lines 9 to 14, leave out subsection (2). —(The Earl of Onslow.)

§ On Question, Amendment agreed to.

§ THE EARL OF ONSLOW moved to leave out subsection (3) and insert— ;and (c) Where a member of a police force dies whilst in the force, or where a member of a police force, having been granted a pension, dies within twelve months after the grant of the pension, or from the effects of an injury received in the execution of his duty without his own default, the police authority may, if they think fit, grant a gratuity to any person who has been wholly or mainly dependent upon him.

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§ The noble Earl said: I should like to move this in the same manner as I did the previous one.

§ Amendment moved— Page 4, lines 15 to 19, leave out subsection (3).— (The Earl of Onslow.)

§ On Question, Amendment agreed to.

§ Amendment moved— Page 4, line 15, insert the said new paragraph. —(The Earl of Onslow.)

THE LORD CHAIRMAN
Lord Galway wishes to move an Amendment on the question that the words be here inserted.

§ VISCOUNT GALWAY moved to substitute "relative" for "person" in the Earl of Onslow's Amendment The noble Viscount said: My reason for moving this Amendment is this. It is quite true that any gratuity is at the free wish of the authority. It was felt by the police committee of the County Councils Association that to insert the word "person" here might open the door to a very large number of claims. They thought also that it was a very wide word to insert in an Act of Parliament, and it might give a good deal of trouble to the authority. I hope my Amendment will commend itself to the House as a very fair way of meeting the case of those who are dependent on these policemen who die within a certain time of their pensions becoming due to them.

§ Amendment to the Amendment moved— Leave out (" person ") and insert (" relative "). —(Viscount Galway.)

THE EARL OF ONSLOW
The Government are ready to accept this.

§ On Question, Amendment to the Amendment agreed to.

§ On Question, Amendment, as amended, agreed to.

§ Clause 4, as amended, agreed to.

§ Clause 5 agreed to.

§ THE EARL OF ONSLOW moved, after Clause 5, to insert the following new clause:—

§ Pensions of constables continuing to serve after qualification for pension.

§ 6.—(1) Where a member of a police force is entitled to retire on a pension without a medical certificate, but continues to serve in the force, the police authority may, if they think fit, direct that he shall be entitled, on retiring at any time 947 thereafter, to receive a pension not less in amount than that to which he would have been entitled if ho had retired instead of continuing in the force, and in such case the right to receive on retirement such pension shall not, while he continues to serve in the force, be liable to forfeiture, except in the cases in which a pension when granted is liable to forfeiture under this Act.

§ (2) Before giving any such direction, and every year thereafter, the police authority shall cause him to be examined by some duly qualified medical practitioner, and, if on any such examination it is found that he is not physically fit for further service, the police authority shall not permit him to continue to serve in the force.

§ (3) Where such a direction is given, a member of a police force who is entitled to retire without a medical certificate and to receive a pension at the maximum rate provided by this Act may be granted, in consideration of his continuing to serve, an allowance at a rate not exceeding twelve and a-half per cent. of his pay. Any such allowance, if granted, shall not be reckoned in the calculation of the amount of pension or gratuity awarded and no rateable deduction shall be made therefrom under this Act.

§ The noble Earl said: This clause reenacts the existing provisions of Section 1 of the Police Superannuation Act, 1906, with a slight amendment. If a man reaches the age at which he can draw his full pension, and he is a good man, this clause will allow the police authorities to say to him, "If you will stay with us we will guarantee you your pension as if you left to-clay, no matter what happens during your subsequent service." Without this provision, if a man were to commit any fault he might be liable to have his pension reduced, after accepting further service. But his pension is guaranteed under this clause, and he will not be allowed to suffer reduction in his pension, except in special cases. The clause is of undoubted value to the police force, as it will enable it to retain the services of a good man, even though he has reached the age at which he would retire under the Bill.

§ On Question, Amendment agreed to.

§ Clause 6.

§ Service to be reckoned for pension.

§ 6.—(1) The service of a member of a police force for the purposes of this Act shall be subject to such deductions in respect of sickness, misconduct, or neglect of duty as may be made therefrom in pursuance of any regulations affecting the force to which he belongs, not exceeding the period during which he is suspended from duty on account of sickness, misconduct, or neglect of duty, as the case may be; and the expression "approved service" shall for the purposes of this Act mean such service as may after such deductions as aforesaid (if any) be certified by the chief officer of police to have been diligent and faithful service, but shall not include service before attain- 948 ing the age of twenty years, except in the case of a member of a police force who before attaining that age is incapacitated for the performance of his duty by infirmity of mind or body occasioned by an injury received in the execution of his duty without his own default.

§ (2) Where a deduction is made from the service of a member of a police force in respect of sickness, misconduct, or neglect of duty, notice of the deduction shall be given to him as soon as may be after the occurrence of the cause for which the deduction is made; and he may appeal to the chief officer of his police force against any act of any superior officer which prevents him from reckoning any period of actual service as approved service, and any period of actual service allowed by the chief officer on such appeal shall be deemed to be approved service:

§ Provided that, in the case of a borough having a separate police force, the decision of the chief officer shall be subject to the approval of the watch committee, and in the case of a county force the deci6ion of the chief officer shall be subject to the approval of the standing joint committee of the quarter sessions and the county council.

§ THE EARL OF ONSLOW moved to omit from the proviso all words after "watch committee." The noble Earl said: An Amendment was introduced in the House of Commons providing that the decision of the chief constable of a county imposing a deduction from a constable's service in respect of sickness or some other reason shall be subject to the approval of the Standing Joint Committee which is the police authority. I think that Amendment was made under a misapprehension. The borough forces in England and Wales are under the watch committees, the county forces under the chief constable. It is therefore desired to retain that system and to make the chief constable the sole authority.

§ Amendment moved— Clause 6, page line 14, leave out from (" committee ") to the end of the clause.—(The Earl of Onslow.)

§ On Question, Amendment agreed to.

§ Clause 6, as amended, agreed to. Clause 7.

§ Continuous service in two or snore forces.

§ 7. —(1) Where a member of a police force has served in more than one police force, approved service in any such police force in which he has completed not less than one year's approved service, and from which after the commencement of this Act he has with the written sanction of the chief officer of that force removed to another force, shall be reckoned as approved service in the force in which he is serving at the time of his retirement.

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§ (2) Where any member of a police force who is entitled under this section to reckon any previous service in another force, or his widow, or any child or dependant of his, in due course is granted a pension, gratuity or allowance, the police authority in whose service he then is, or was at the thin: of his death or retirement., shall be entitled to call upon the other police authority or authorities, and they shall contribute a proportionate part of any pension, gratuity or allowance granted to hint or his widow or any such child or dependent, reckoned according to his approved service and pay during his service in such force, and the said proportionate part shall be settled by agreement between the police authorities, or in default of agreement by an arbitrator appointed by the Secretary of State.

§ The power conferred by this subsection shall not be exerciseable in respect of previous service rendered in Scotland before the commencement of this Act.

§ This subsection shall apply in cases where the previous service was service in a police force in Ireland, lint in that case the said proportionate part shall he determined by the Treasury.

§ THE EARL OF ONSLOW moved, in subsection (2), to leave out: "The power conferred by this subsection shall not be exerciseable in respect of previous service rendered in Scotland before the commencement of this Act." The noble Earl said: It is a drafting Amendment.

§ Amendment moved— Clause 7, page 5, leave out lines 42 to 44 inclusive. —(The Earl of Onslow.)

§ On Question, Amendment agreed to.

§ Clause 7, as amended, agreed to.

§ Clauses 8 and 9 agreed to.

§ Clause 10:

§ Service of men belonging to reserve forces.

§ 10. Where a member of a police force with the knowledge of the police authority or of the chief officer of the force belongs to any royal naval reserve force or to the army reserve or air-force reserve, and is required for training or called into actual service or called out for training or for permanent service, he shall be entitled, on returning to the police force after the end of such training or service, to reckon any approved service which he was entitled to reckon at the commencement of such training or service; and his period of training or service shall, and any period during which he was incapacitated for police duty owing to an injury received during his period of training or service may, if the police authority thinks lit, be reckoned in the computation of the approved service.

§ THE EARL OF ONSLOW moved, towards the end of the clause, to leave out "may, if the police authority think fit," and insert "without his own default, shall." The noble Earl said: This Amendment and an 950 Amendment two lines above, to leave out "shall," are proposed with the object of entitling the chief constable to reckon any period of absence as incapacitation, provided the injury which led to the incapacitation is not due to the man's own fault.

§ Amendments moved—

§ Clause 10, page 7, line 35, leave out (" shall ")

§ Clause 10, page 7, line 37, leave out (" may, if the police authority think fit ") and insert (" without his own default, shall ").—(The Earl of Onslow.)

§ On Question, Amendments agreed to.

§ Clause 10, as amended, agreed to.

§ Clause 11:

§ Proof of incapacity for duty, liability to serve again, and revision of pension.

§ 11.—(1) Before granting a pension or gratuity on the ground that a member of a police force is incapacitated by infirmity of mind or body for the performance of his duty, the police authority shall be satisfied by the evidence of some duly qualified medical practitioner or practitioners, selected by the police authority, that he is so in. capacitated, and that the incapacity is likely to be permanent.

§ (8) Where any person is aggrieved by the decision of the police authority in regard to any matter mentioned in this section he shall be entitled to appeal to a tribunal consisting of a medical practitioner nominated by the police authority, a medical practitioner nominated by the appellant, and an independent person (not being a medical practitioner) nominated by the Secretary of State, and the decision of such tribunal shall be final.

§ THE EARL OF ONSLOW moved to leave out subsection (8) and insert the following new subsection: (8) Where for the purposes of this section any person is medically examined by a medical practitioner selected by the police authority and is dissatisfied with his opinion on arty medical question, he may appeal in accordance with rules made by the Secretary of State to an independent person (not being a medical practitioner) nominated by the Secretary of State, with a duly qualified medical practitioner nominated by the police authority, and a duly qualified medical practitioner nominated by the appellant, as assessors. The police authority shall be bound by the decision of any medical question which is determined on any such appeal, but subject to this provision the decision of the police authority on any question arising under this section shall be final. Rules made by the Secretary of State for the purposes of this section may make such provision as appears expedient with respect to the costs of any appeal.

§ The noble Earl said: The Amendment provides the machinery for appeals against 951 the findings of a police surgeon on medical questions which affect the constable's pension.

§ Amendment moved— Clause 11, page 9, lines 14 to 21, leave out subsection (8) and insert the said new subsection. —(The Earl of Onslow.)

§ LORD STRACHIE moved to omit from the Amendment "(not being a medical practitioner)." The noble Lord said: I desire to move two Amendments, and I hope the noble Earl will be willing to accept them, because I think he will see that they really improve the subsection and also tend to economy. The first is to omit "(not being a medical practitioner)." It seems rather curious that you should appoint a layman who is to decide upon a question which is said to be entirely medical. Of course, I am aware that it is also proposed that this layman should have two medical assessors to sit with him, but that seems a very unnecessary and expensive arrangement. No doubt, it would be very useful to some young barrister to have a large fee given him at the expense of the local councils, but in these days of economy we are anxious to cut down everything we can. We know that constant reference is made to the Medical Officer of the Home Office, who is referred to as arbitrator in this case, and I have never heard that there was any objection raised. If your Lordships agree to this Amendment I shall move a further Amendment, to leave out all words after "State."

§ Amendment to the Amendment moved— Leave out (" (not being a medical practitioner) ") —(Lard Strachie.)

THE EARL OF ONSLOW
I am quite ready to accept the Amendment.

§ On Question, Amendment to the Amendment agreed to.

§ LORD STRACHIE
I beg now to move the other Amendment to the Amendment, namely, after "Secretary of State," where those words secondly occur, to omit "with a duly qualified medical practitioner nominated by the police authority, and a duly qualified medical practitioner nominated by the appellant, as assessors."

§ Amendment to the Amendment moved— Leave out from (" State ") in line 7 of the Amendment to the end of line 10 —(Lord Strachie.)

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§ On Question, Amendment to the Amendment agreed to.

§ Amendment, as amended, agreed to.

§ Clause 11, as amended, agreed to.

§ Clauses 12 and 13 agreed to.

§ Clause 14 (Forfeiture of pension or allowance):

THE EARL OF ONSLOW
The two Amendments to this clause are drafting.

§ Amendments moved—

§ Clause 14, page 11, line 30, leave out (" and ") and insert (" or ")

§ Clause 14, page 11, line 40, after (" with ") insert (" his ").—(The Earl of Onslow.)

§ On Question, Amendments agreed to.

§ Clause 14, as amended, agreed to.

§ Clauses 15 to 18 agreed to.

§ Clause 19:

§ Return of rateable deductions.

§ 19.—(1) Where a member of a police force, not having been dismissed or required to retire as an alternative to dismissal, leaves the force without a pension or gratuity, the police authority, except where he removes to another force in such circumstances as will enable him to reckon his approved service in the first mentioned force as approved service in the force into which he removes, shall pay him the whole of the rateable deductions which have been made from his pay.

§ (2) Where a member of a police force is required to retire as an alternative to dismissal the police authority may, if they think fit, pay him the whole or any part of such rateable deductions as aforesaid, or apply the same in such manner as they think fit for the benefit of his wife or children (if any), and where a member of a police force is dismissed, the police authority may, if they think fit, apply the whole or any part of such rateable deductions as aforesaid in such manner as they think fit for the benefit of his wife or children (if any).

§ (3) Where a member of a police force dies leaving no widow and no child under sixteen, the police authority may apply for the benefit of any person who was wholly or mainly dependent on him at the time of his death a sum not exceeding the amount of the rateable deductions which have been made from his pay.

THE EARL OF ONSLOW
The next two Amendments are drafting, in order to bring this clause into harmony with the provisions of Clause 9.

§ Amendments moved—

§ Clause 19, page 13, lines 35 and 36, leave out (" removes to another force ") and insert (" leaves ")

§ Clause 19, page 13, line 37, leave out from (" the ") to the end of line 38, and insert (" force for the purpose of pension ").—(The Earl of Onslow.)

§ On Question, Amendments agreed to.

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THE EARL OF ONSLOW
The next Amendment is consequential on the Amendment to Clause 4.

§ Amendment moved— Page 14, lines 11 to 16, leave out subsection (3). —(The Earl of Onslow.)

§ On Question, Amendment agreed to.

§ Clause 19, as amended, agreed to.

§ Clauses 20 and 21 agreed to.

§ Clause 22 (Power for police authority to make regulations):

THE EARL OF ONSLOW
There is a drafting Amendment to this clause.

§ Amendment moved— Clause 22, page 16, line 32, after (" or ") insert (" the "). —(The Earl of Onslow.)

§ On Question, Amendment agreed to.

§ Clause 22, as amended, agreed to.

§ Clauses 23 to 26 agreed to.

§ Clause 27:

§ Application to police women.

§ 27. This Act, in its application to members of a police force who are women (hereinafter referred to as police women), shall have effect as from the date of their appointment as members of the police force subject to the following modifications:—

§ (2) No allowance or gratuity shall be payable in respect of any child of a deceased police woman during the lifetime of the father, except where the police authority is satisfied that he cannot support or neglects to support the child:

§ THE EARL OF ONSLOW moved, towards the end of paragraph (2), to leave out "or neglects to support." The noble Earl said: Objection has been taken to these words on the ground that there should be no exception in favour of the man who neglects to support his children. It is proposed, therefore, to omit them.

§ Amendment moved— Clause 27, page 19, line 30, leave out (" or neglects to support ").—(The Earl of Onslow.)

§ On Question, Amendment agreed to.

§ Clause 27, as amended, agreed to.

§ Clause 28:

§ Application to existing members of police forces and existing pensions.

§ 28.—(1) This Act shall apply to members of a police force who were serving as such at the commencement of this Act, but— 954 (b) the provisions of this Act as to the age of compulsory retirement shall not apply to any member of a police force so serving unless and until he has completed the period of service prescribed by the pension scale applicable to his case as necessary to qualify him to retire without a medical certificate and receive a pension for life at a rate equal to two-thirds of his pay at the time of his retirement.

THE EARL OF ONSLOW
Two Amendments which I move to paragraph (b) of subsection (1) of this clause are designed to preserve the rights of men who are similarly safeguarded in the Police Superannuation Act, 1906.

§ Amendments moved—

§ Clause 28, page 20, line 14, after (" serving ") insert (" (i) ")

§ Clause 28, page 20, line 20, at end insert ("or" (ii) if he had, before the twenty-third day of June, nineteen hundred and six, attained a rank above that of inspector").

§ On Question, Amendments agreed to.

§ Clause 28, as amended, agreed to.

§ Clause 29 (Police areas and authorities):

THE EARL OF ONSLOW
The next Amendment is drafting.

§ Amendment moved— Clause 29, page 21, line 30, after (" powers ") insert (" as to the grant of any pension, allowance or gratuity ").—(The Earl of Onslow.)

§ On Question, Amendment agreed to.

§ Clause 29, as amended, agreed to.

§ Clause 30 agreed to.

§ Clause 31:

§ Special provisions as to fire brigade and fire police.

§ 31.—(1) Where any local Act or Order contains provisions as to a fire brigade or fire police the Secretary of State may frame and submit to Parliament a Provisional Order repealing or modifying such provisions so as to bring them into harmony with the provisions of this Act, and he may by such Order unite any existing fire brigade pension fund with a police fund, and may make any other adjustments as may appear necessary to him in order to give effect to this Act.

§ (2) A Provisional Order under this section shall be of no force unless and until it is continued by Act of Parliament, but when so confirmed shall have effect with any modifications made therein by Parliament.

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§ (3) If, where the Bill confirming any such Order is pending in either House of Parliament, a petition is presented against any Order comprised therein, the Bill, so far as it relates to that Order, may be referred to a Select Committee, and the petitioner shall be allowed to appear and oppose as in the ease of Private Bills.

§ (4) All costs, charges, and expenses incurred by the Secretary of State in relation to any Order under this section shall be defrayed by the authority applying for the Order.

§ TIIE EARL OF ONSLOW moved, in subsection (I), after "State." to insert "on the application of the local authority." The noble Earl said: This is a drafting Amendment for the purpose of making the clause quite clear.

§ Amendment moved— Clause 31, page 21, line 39, after (" State ") insert (" on the application of the local authority") (The Earl of (Onslow.)

§ On Question, Amendment agreed to.

§ THE EARL OF ONSLOW moved, at the end of the clause, to insert the following new subsection:

§ (5) Where any members of a police force are employed under the directions of the police authority wholly or partly as firemen, any pension, allowance or gratuity granted to them or their widows, children or dependants shall be paid out of the police fund, and there shall be reckoned as carried to that fund from the fund or rate applicable to the purposes of the fire brigade or fire police such contributions as the Secretary of State may by general or special order determine to be a fair contribution in respect of such pensions, allowances and gratuities.

§ The noble Earl said: Clause 31, as it stands, is a re-enactment of existing provisions. The new subsection is also a reenactment, except that in one case the drafting has been readjusted.

§ Amendment moved— Page 22, line 17, at end insert the said new subsection (5). —(The. Earl of Onslow.)

§ On Question, Amendment agreed to.

§ Clause 31, as amended, agreed to.

§ Clause 32:

§ Interpretation.

§ 32. For the purposes of this Act,—

§ (1) The expression "total disablement" means total loss of earning capacity in any employment, and in the case of partial disablement the degree of disablement shall be based upon the degree to which earning capacity is affected:

§ (2) Any injury suffered by a member of a police force:

(a) whilst on duty or whilst on a journey necessary to enable him 956 to report for duty or to return home after duty; or
(b) whilst not on duty in the performance of some act which is within the scope of a constable's ordinary duties; or
(c) in consequence of some act performed in the execution of his duty;

shall be deemed to have been suffered in the execution of his duty:

§ (3) Any injury intentionally inflicted, or incurred in the performance of a duty involving special risks shall be deemed to be a non-accidental injury.

§ THE EARL OF ONSLOW moved, after paragraph (c) of subsection (2), to insert ";or (d) whilst acting as a fireman, or assisting in the extinguishment of fire, or in protecting life or property from fire." The noble Earl said: This is a re-enactment of Section 1 of the Police Act, 1893.

§ Amendment moved— Clause 32, page 22, line 34, at end insert the said words. —(The Earl of Onslow.)

§ On Question, Amendment agreed to.

§ Clause 32, as amended, agreed to.

§ Clause 33:

§ Application to Scotland and Ireland.

§ 33.—(1) This Act shall apply to Scotland subject to the following modifications:—

§ (b) The proviso to subsection (1) of the section of this Act relating to compulsory retirement, the proviso to subsection (2) of the section of this Act relating to service to be reckoned for pension, the proviso to subsection (8) of the section of this Act relating to proof of incapacity for duty, liability to serve again, and revision of pension, and the proviso to subsection (3) of the section of this Act relating to payment of pensions out of police fund shall not apply:

§ (e) Subsection (1) of the section of this Act relating to the application of the Act to existing members of police forces and existing pensions shall not apply to Scotland, and in lieu thereof the following provisions shall apply to Scotland: — This Act shall apply to members of a police force who were serving as such at the commencement of this Act, but— (b) the provisions of this Act as to the age of compulsory retirement shall not apply to any member of a police force so serving unless and until he either has completed the period of service prescribed by the pension scale applicable to his case as necessary 957 to qualify him to retire without a medical certificate and receive a pension for life, at a rate equal to two-thirds of his pay at the time of his retirement, or has attained, in the case of a sergeant or constable the age of sixty, in the case of a superintendent or inspector the age of sixty-live, or in the case of a chief constable or assistant chief constable the ago of seventy.

§ (2) This Act shall not apply to Ireland, except so far as otherwise expressly stated.

THE EARL OF ONSLOW
The first two Amendments to this clause are also of a drafting nature.

§ Amendment moved—

§ Clause 33, page 23, lines 12 to 15, leave out (" the proviso to subsection (8) of the section of this Act relating to proof of incapacity for duty, liability to serve again, and revision of pension, and ")

§ Clause 33, page 23, line 17, after (" of ") insert (" the ") and after (" fund ") insert (" and the section of this Act containing special provisions as to fire brigade and fire police ").—(The Earl of Onslow.)

§ On Question, Amendments agreed to.

THE EARL OF ONSLOW
The next Amendments are to make the same provision for the Scottish police as the Amendment already male in Clause 28.

§ Amendments moved—

§ Page 24, line 14, at beginning insert ("i")

§ Page 24, line 25, at end insert ("; or (ii) if he had, before the twenty-sixth day of July, nineteen hundred and ton, attained a rank above that of inspector "). —(The Earl of Onslow.)

§ On Question, Amendments agreed to.

§ Clause 33, as amended, agreed to.

§ Clause 34 agreed to.

§ First Schedule: