Part of the debate – in the House of Commons am ar 15 Gorffennaf 1925.
The ex-Solicitor-General has put his case very forcibly and I hope that he will forgive me if I dissent from his main contention by endeavouring to draw a distinction between the Acts of Parliament which he has cited, and to give some reasons for the differentiation that is being made. In reference to his remark as to obstruction there has been no question of obstruction during the last few days. In the first place, may I refer to the exact provisions of the Workmen's Compensation Act as amended by the Act of 1923. If hon. Members will look at Clause 2 they will see a very different provision altogether from the provision in the Employers' Liability Act and the other Acts of Parliament to which the hon. and learned Gentleman has referred. In this particular Act an endeavour is made not so much to give damages to the children of the man who has been killed as to provide for an automatic increase of a certain percentage to the children by way of allowance and of provision to them for their maintenance, and in support of that view I will ask the Committee to bear with me while I read paragraph (a) in Clause 2 which says:
If both the widow or other member of the workman's family and such child or children as aforesaid were all wholly dependent on the workman's earnings there shall in respect of each such child be added to and dealt with as part of the compensation payable under paragraph (1) (a) of the First Schedule to the principal Act a sum equal to 15 per cent. of the amount arrived at by multiplying the average weekly earnings of the workman or where such earnings are less than £1 then In multiplying £1 or where such earnings exceed £2 then by multiplying £2 by the number of weeks in the period between the death of the workman and the date when the child will attain the age of 15 fractions being disregarded.
It is an automatic increase given to the children on the same principle and much in the same way as the provisions of this Bill. There is no question of the jury
assessing the amount or deciding in a jury box what the amount is to be. Automatically under the provisions of this Bill the children of deceased workmen receive such allowance as is mentioned in the Section.