Part of the debate – in the House of Commons am 12:00 am ar 5 Hydref 1944.
I understood you to say, Major Milner, that the later Amendment in the name of the right hon. and gallant Member—in page 19, line 31, at end, insert:
but nothing in this Sub-section shall prejudice or affect the right of any person aggrieved by any order or certificate referred to in Subsection (1) of this Section to recover damages in respect of any loss or injury suffered by him consequent upon the same or any provision contained therein being deemed to be invalid on any of the grounds mentioned in that Subsection.
was to be discussed at the same time as the Amendment which has been moved. That being the case, if the right hon. and gallant Member later seeks to move the subsequent Amendment we would not be allowed a separate discussion on it. I do not know whether the right hon. and
gallant Member appreciated that fact when he moved his Amendment, and I was surprised that he said nothing about his later Amendment. It seems to me to be one that raises a point of great importance. Its purpose, in fact, is that private individuals should not be debarred from the right of action where an illegal act has been committed by a servant of the Crown. I hope the Committee will insist upon such words being inserted in the Bill, so as to make it perfectly clear that it is our wish that if the Minister commits an illegal act anyone who suffers from such act may, at any time, bring an action, and if he can say that he has suffered damage from such illegal act that he will be compensated. That is of very great importance.