HC Deb 23 March 1926 vol 193 cc1047-8W
Dr. SHIELS

asked the Lord Advocate whether his attention has been called to the difficulty and expense occasioned to seamen in the enforcement of claims for workmen's compensation where the injured seaman has been engaged and discharged at a port whereat the owners and managers, not having themselves a domicile, act through agents domiciled there; and whether, particularly having in view the exemption afforded to seamen relative lo notice of accident, he can arrange for cases for compensation being pursued in the Court of domicile of the claimant where that is likewise the Court of domicile of the owner's agent, thus avoiding to the seaman claimant the inconvenience and cost at present occasioned to him by his being compelled to sue in the Court of the owner's domicile?

Sir J. GILMOUR

I have been asked to reply to this question. The answer to the first part is in the negative. The hon. Member appears to be under a misapprehension in supposing that a seaman in the case referred to is compelled to sue in the Court of the owner's domicile. If the accident happens in port, the Sheriff of the district in which that port is situated has jurisdiction. If the accident happens at sea there is jurisdiction in (a) the Sheriff Court of the district in which the ship is at the time when intimation or service of the application for arbitration is made, provided that intimation or service of the application is made to or on the master of the vessel within that district, or (b) the Sheriff Court of the district in which any managing owner or the manager of the ship resides or has a place of business, or (c) the Sheriff Court of the district in which the ship is registered. I would remind the hon. Member that the matter is regulated by Act of Sederunt made by the Court of Session under the statutes relating to Workmen's Compensation, and that I am riot vested with any powers in the matter.