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

SECTION 151.

Captain Cowan

I move amendment No. 191 :—

In line 21, before " signs ", to insert " recklessly or through gross negligence ".

This section deals with a certificate in relation to aircraft. It simply provides—

" Every person subject to military law who signs any certificate in relation to an aircraft or aircraft material without ensuring the accuracy thereof is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment awardable by court martial."

I should imagine that what normally happens is that certificates are taken, perhaps, by subordinates up to a superior and that superior sings it on the O.K. of a subordinate that he trusts. He does not do that recklessly nor does he do it through gross negligence. He signs it on the initials or recommendation of some person who is a competent person serving under him. If he signs such a certificate recklessly or through gross negligence it should be an offence, but if he signs it in the circumstances that I have described I do not think he is guilty of an offence, not the type of offence that would make him liable to imprisonment. I would ask the Minister to accept that.

Mr. Traynor

The position, as I know it, is that the person who signs the certificate is the individual who has had the task of overhauling the particular machine or engine. When he has satisfied himself that the aircraft is airworthy he signs the certificate and he is the person who would be proceeded against. If, for instance, a superior officer, on that particular man's certificate, had signed another certificate, I doubt very much if the superior officer would be proceeded against. I happen to know—I cannot say if it applies here—that the way they dealt with that in England was that the mechanic not only signed a certificate that the machine was airworthy but went up with the pilot on the flight immediately following the overhaul.

Chairman

That is a very excellent way of dealing with it.

Mr. Traynor

It is a particularly effective way of checking it. The man is taken up on that flight when he has assured the authorities that the plane is airworthy. I feel that it is absolutely necessary from the point of view of safeguarding the officers who have to fly these machines, that when a man gives a certificate of airworthiness for an aircraft when it is not, in fact, airworthy, it should be a very serious offence. A man's life may be at stake or a number of men's lives.

Captain Cowan

If, as the Minister says, signing of such certificates would be limited to the persons who would make the actual tests, I would be satisfied with the section.

Mr. Traynor

That is as I understand it.

Mr. Colley

I read it to be some superior officer who was depending on a report. In view of what the Minister has said, it is all right.

Amendment, by leave, withdrawn.

Amendment No. 192 not moved.

Section 151 agreed to.