Clause 1 — (Additional injuries and damage in respect of which compensation may be paid.)

Part of Orders of the Day — Pensions (Mercantile Marine) Bill. – in the House of Commons at on 2 June 1942.

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Photo of Mr Samuel Silverman Mr Samuel Silverman , Nelson and Colne

I think that in the closing sentence of my hon. and learned Friend's speech we get to the crux of the matter. He referred me to the multitude of decisions under the Workmen's Compensation Acts, and very tragic decisions many of them are. If this House is to take the responsibility of saying, as it has done in previous analogous Acts and as it does in this Bill, that even such rights as a man might have under the Workmen's Compensation Act are to be taken away and his case is to be decided by the Department, then, even if we agree to that, there is no reason why all the anomalies of the workmen's compensation law should be repeated. Let me take the sort of case that the Mover of the Amendment has suggested. A ship is lost with all hands and is never heard of again. My hon. and learned Friend says that in that case a lighter onus will be put on the claimant. To the claimant, however, it makes no difference whether the onus put upon her is light or heavy if she has no means of discharging it. In these circumstances she has no means of discharging even the lightest of onuses.

All we are asking is that in circumstances where the Government control every ship that sails, what the cargo shall be, where it shall be loaded and whither it shall sail, the Government ought not to quibble about proofs and onuses if such a ship is lost. They ought to say, "This ship was sailing for us to satisfy war purposes and its loss is a war loss. We will, therefore, pay the pension and not go into refinements as to whether this or the other unprovable circumstance has substantially increased the risk." My hon. and learned Friend said that this is not a limiting modification but an extending one. He might have made a case for that if the words "but only" had been left out. I may be wrong about that and I do not press it. I prefer to stand on the general principle that in circumstances where proof is necessarily unobtainable by the widow or the dependants of a mariner, where such evidence as there is is in the possession of the Government, and where the Government insists on treating it as a Departmental decision without recourse to the courts, the fact of the loss on a war voyage ought to be sufficient entitlement to pension.