Special Committee Defence Bill, 1951 debate -
Tuesday, 8 Apr 1952

SECTION 148.

Captain Cowan

I move amendment No. 188:—

In lines 34 and 35 to delete " or negligently or through other default ".

This is in relation to persons losing, stranding, or hazarding ships. I agree it is an offence if he " wilfully " does it and perhaps the maximum punishment of penal serviture is all right there; but where he does it " negligently " it may be serious negligence or minor negligence or it may be by some very minor default, and in those cases I feel it might have been better if there were a section covering the lesser offence with a much lesser punishment.

Mr. Traynor

I am advised that the word " wilfully " does not cover all the circumstances under which a ship could be lost or damaged. We all know that in the handling and care of ships the greatest vigilance is required. No doubt there could be negligence which would hazard a ship and hazard the lives of those on board and it would not be an excuse to say that the negligence was not wilful. We all know that whenever a captain loses a ship or even damages it, there is an investigation immediately opportunity offers— and sometimes with serious consequences to those responsible. The position should be the same as regards the care and protection of our vessels.

Captain Cowan

This phrase " negligently or through other default " seems to widen it a great deal. A person may be guilty of minor default and his ship may be stranded or slightly damaged. He should not be liable to penal servitude for life. It is like the other sections and I will have to leave it to the discretion of the court in accordance with the measure of negligence or default involved.

Amendment, by leave, withdrawn.

Section 148 agreed to.