Orders of the Day — Contributory Pensions Bill.

Part of the debate – in the House of Commons am ar 15 Gorffennaf 1925.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Sir Henry Slesser Sir Henry Slesser , Leeds South East

I think the Minister, when he gives careful consideration to this Clause, will come to the conclusion that there really are very cogent reasons why it should be withdrawn. Let us consider what really we are dealing with. It is provided in this Clause that compensation on death, which accrues either by agreement or award under the Workmen's Compensation Act, either in whole, or, as I understand the Amendment which the Government are about to move, in part, shall be taken into consideration in dealing with the question of the amount payable under this Bill. What is compensation under the Workmen's Compensation Act? It is entirely a private matter of damages to which the employer who at the time of death, which is not the time when the pension necessarily becomes due, becomes liable because he is employing that particular workman.

At the risk of being a little technical, I would ask the Committee to consider how near is the case of compensation under the Workmen's Compensation Act and the right to damages under the Employers' Liability Act or at Common Law. The position is this. If a workman is killed while in an employment and if proceedings are brought under the Employers' Liability Act of 1880, as they still can be, or under Lord Campbell's Act, the Fatal Accidents Act, or at Common Law, then the damages which result from that action do not in any way deprive the workman's widow or whoever may be entitled to their full rights under this Bill. It is only where it so happens, as it were, by accident, that they decide, because there was not a defect in the machinery, that their prospects under the Employers' Liability Act are bad and they proceed under the Workmen's Compensation Act —and really it is purely a matter of legal procedure whether you proceed under one Act or the other—that this Clause is to operate and prejudice the rights of the dependants under this Bill. If damages are obtained under the Fatal Accidents Act or under the Employers Liability Act the Minister and Parliamentary Secretary must admit that this Clause, as drawn, has no application, though the facts may be identical.

I repeat this, because the Parliamentary Secretary, who has great knowledge of the law, shakes his head in dissent from something that I have said, though I am not sure what. The facts may be exactly the same. A man may be killed at his work. A piece of machinery may give way, and he may be killed. His dependants may bring an action at Common Law or under the Employers' Liability Act and the money which is thus obtained does not diminish the pension rights in the least. If, however, the widow proceeds to get her compensation under the Workmen's Compensation Act, which is merely a technical distinction and not a distinction in fact at all, then this Clause is to operate. I can understand the Minister saying—I do not say he is right—that where a person is deriving State assistance from one source he shall not get it from another source; I can understand such an argument as was put yesterday as regards the ex-service men, though I do not agree with it. I can understand to a certain extent the argument that the State shall not provide a pension twice over. But what I am concerned to point out is this: These damages under the Workmen's Compensation Act are no more a State contribution than damages given in a breach of promise action or damages for libel, or damages for breach of contract. They are purely a personal matter. If damages are awarded because a man is killed in any way are you going to deprive the widow of her pension?

I do think that we want some explanation why a private obligation of a private person should be allowed to come into this matter. I can imagine an answer which may be given, and I am going to deal with it in advance. It may be said that the employer has to contribute under this scheme, and that as he is contributing to this scheme and bearing a liability under the Workmen's Compensation Act, or, conceivably, bearing & liability through an insurance company, it is unfair that he should be burdened twice over. The first answer to that is this. There is no particular reason to suppose that the employer or the insurance company who becomes liable at the time when a man is killed by an accident-is going to the same person, or in any way connected with the group of persons, who come in as a general rule to meet their contributions under this Bill. You might as well say that because a man carrying on business is liable to damages for breach of contract, therefore that should be taken into consideration, as to say that if a man dies, and his widow, who would get a pension, recovers money, that should be taken off. The two things have no relation at all. The liability of an employer for an accident to an employé has nothing to do with it.

This is the Post Office contributory system that the pension should be the property of the person receiving it. There mere accident that somebody else has a private obligation to pay damages at Common Law or under the Status should not be weighed up or set up against the liability of the State. It is a wrong principle, I am sure that the. Minister in considering the matter will admit that, although he is naturally anxious to save any liability which he can yet he does not want to do anything inequitable as this would be. That the Minister has doubts about it himself is shown by the fact that he has put down an. Amendment which says, as I understand it, that where the weekly value of the pension is less than the amount of the allowance or pension under the award the person shall not suffer. That is not enough. We want the whole question of workmen's compensation and damages treated in just the same way as you treat liability to damages under the Employers' Liability Act. I would say that unless you are prepared to go forward-we will chance your not doing that-and say that the Employers' Liability Act ought to go in here too, there is no logic or force in saying that the one particular reservation shall be the Workmen's Compensation Act. There is an equitable case made out here without any obstruction for a reconsideration of what we believe to be an injustice.