§
Clause 10, page 8, line 41, leave out ("and,") and insert ("if—
(a) at the time when that thing is suffered by that other person, he").
§ THE LORD CHANCELLORMy Lords, in moving that the House doth agree to this Amendment I propose at the same time to consider the following ones also:
§ Page 8, line 41, leave out ("such") and insert ("a member of the Armed Forces of the Crown").
§
Page 8, line 44, at end, insert ("and
(b) the Minister of Pensions certifies that his suffering that thing has been, or will be treated as attributable to service for the purposes of entitlement to an award under the Royal Warrant, Order in Council or Order of His Majesty relating to the disablement or death of members of the force of which he is a member").
§
Page 9, line 3, after ("Crown,") insert ("if—
(a) that thing is suffered by him").
§
Page 9, line 6, at end insert ("and
(b) the Minister of Pensions certifies as mentioned in the preceding subsection").
§ Page 9, line 9, leave out ("any of the matters aforesaid,") and insert ("anything suffered by a member of the Armed Forces of the Crown being a thing as to which the conditions aforesaid are satisfied").
§ The substance of these Amendments is this, and I think that it is valuable. It is quite plain that a soldier does not lose his right of action against a fellow soldier through whom he has been injured, unless the Minister of Pensions certifies that the injury he has sustained is attributable to war service, or that he can get a pension. In other words, we must see that before we deprive a man of his right of action we give him a co-relative right, by way of pension. I think this is a useful provision and I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendment.—.(The Lord Chancellor.)
§ On Question, Motion agreed to.