HL Deb 16 March 1948 vol 154 cc860-1

Amendments reported (according to Order.)

Clause 7 [Expenses of maintenance in case of injury or sickness]:

LORD WALKDEN moved in the proviso to leave out "refused an offer of" and to insert "failed to accept." The noble Lord said: My Lords, I have two small Amendments to propose which should make the Bill even better than it is. The first one relates to Clause 7, page 9, line 20. The clause as drafted contains words to the effect that the requirement to arrange for the passage home of a sick or injured seaman is to be ruled out if he has "refused an offer of suitable employment on board a British ship." Then in line 22 there appear the words: "or had refused to comply with any other reasonable arrangements." The measure has been discussed further by both sides of the industry, and they agree that the word "refused" is a little too hard; it is too restrictive.

The two Amendments which I am now proposing may be taken together. They are, in line 20, to replace the words "refused an offer of" by the words "failed to accept," and, in line 22, to leave out the word "refused" and insert "failed." That leaves the matter more elastic and gives the man a second chance. Any trouble that may arise from his missing his ship can be dealt with more easily than if we had to apply the hard word "refused" when he may not have refused, but something may have arisen which prevented his complying. I beg to move.

Amendment moved— Page 9, line 20, leave out (" refused an offer of ") and insert (" failed to accept ").—(Lord Walkden.)

LORD LLEWELLIN

I think that the proposed new words are better. An Amendment was adopted in Committee which introduced the original words. The owner will have to prove something, but you are putting on him the lesser onus that he has to prove only that the man failed to accept an offer, and did not directly refuse. That may be quite right. The man may not have answered at all or may have gone away and the owner may not be able to get any reply from him. I think the new words are much better. I am very glad that they have been agreed by both sides of the industry.

On Question, Amendment agreed to.

LORD WALKDEN

My Lords, this Amendment is covered by the explanation which I have already given. I beg to move.

Amendment moved— Page 9, line 22, leave out (" refused ") and insert (" failed ").—(Lord Walkden.)

On Question, Amendment agreed to.