Orders of the Day — War Department (Accident Claim)

Part of the debate – in the House of Commons am 12:00 am ar 21 Ebrill 1955.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Sir Raymond Gower Sir Raymond Gower , Barry 12:00, 21 Ebrill 1955

The case to which I desire to call attention tonight is one affecting a Mr. Justin McCarthy, who lives with his wife at Canon Street, Barry, Co. Glamorgan, in the Parliamentary Division I have the honour to represent. Mr. and Mrs. McCarthy are decent, thrifty people in quite modest circumstances, whose constant efforts to maintain reasonable living standards have been hampered by the misfortune of the husband.

On or about 3rd March, 1947, my constituent, Mr. McCarthy, was employed at the Supply Reserve Depot of the War Office which is situate just outside the boundaries of the Borough of Barry in the direction of the village of Sully. During his employment there at that time it seems that a heavy vehicle which was passing through the premises caused some grit to fly up into his eyes and consequently he had to receive medical attention.

He was seen by Dr. M. V. Roberts of High Street, Barry. I have recently obtained a certificate from the doctor, which I shall be happy to show to my hon. Friend, and which at this stage I should like to read to the House. It is dated 22nd February of this year and states: Re Mr. Justin McCarthy, 21, Canon Street, Barry.Dear Mr. Gower, I attended the above for a very inflamed eye on 3rd March, 1947. He stated that he had had an accident at work. As the eye condition did not improve, I referred him to the Ophthalmic Department of the Royal Infirmary, Cardiff, where he was under the care of Mr. Tudor Thomas. I accepted his statement which was consistent with the condition I found at the time of examination. Signed: M. V. Roberts. I want to stress two things about this case. Firstly, at that time Mr. McCarthy had no reason to anticipate that within a few years he would be virtually blind in one eye and partially blind in the other. As far as he could have been aware at that time, he was suffering merely some local pain and discomfort, and he had every reason to hope that this would disappear within a reasonable time. Therefore he had no cause in any way to misrepresent or to exaggerate what had happened.

Secondly, the condition of his eyes was absolutely consistent with his account of what had happened according to the words of the doctor who saw him so soon after he had sustained the accident. I do not believe that a reputable doctor would lightly express such an opinion, or, indeed, put it in writing in a letter to me, unless he was absolutely sure of the fact.

Mr. McCarthy was then in hospital for several weeks, and since then his eyesight has steadily deteriorated. I am assured that he has practically lost the sight of one eye, while the sight of the other is getting worse and worse. I want to be fair to the War Office. My constituent was paid full wages during the time that he was in hospital, and later on he was given light employment at the Supply Reserve Depot, but he tells me that in due course he was obliged to give up even that light employment owing to further deterioration of his eyesight.

On the larger issue, throughout the correspondence which I have had with my hon. Friend and his predecessor at the War Office, the Department has denied liability, and my constituent has received no form of compensation for his injuries. Every consideration has been shown to him by the Cardiff Institute for the Blind, whose officials have been most helpful with advice and in efforts to procure for him some kind of employment consistent with the condition of his eyes. It seems to me that they are prepared to regard him as a blind person within the category of those people after whose interests they look.

Unfortunately, the National Insurance (Industrial Injuries) Act did not come into operation until 1948, so that my constituent cannot qualify for any of the benefits under that Measure. I have been in contact with several Departments and bodies which might have been able to render some assistance. I referred the matter to my right hon. Friend the Minister of Pensions and National Insurance, and I was informed by the Department that the only benefit for which my constituent could qualify was sickness benefit.

It is my respectful submission to my hon. Friend that in matters of this kind a Service Department, or, indeed, any other Government Department, should act as a model employer. It should seek to set almost ideal standards in consideration of cases falling into such a category as the case which I have raised tonight. I fully understand that the Department has another important duty to the community at large and cannot lightly accept liability for any case referred to it, but I submit that there is substantial evidence that on the date which I have mentioned, while Mr. McCarthy was in the employment of the War Office, or, at least, of one of its subsidiary bodies, he sustained some accident which has materially prejudiced the remaining years of his life. In the view of his own medical practitioner, damage was undoubtedly then done to his eyes which has brought on the terrible affliction from which he now suffers increasingly every day.

I feel that this is a case where, if there is any doubt, as I believe there is, the Department, my hon. Friend and my right hon. Friend should be prepared to go into the whole matter again. That is what I ask tonight. I do not ask for any final decision tonight, but I do think that there is a prima facie case which merits further investigation.