asked the Parliamentary Secretary to the Ministry of Works what is the position of an owner or occupier who is prosecuted for employers liability for accidents or straying animals owing to the forcible removal of gates or railings by his orders under Defence Regulation B50; and whether he will be responsible for the liability in such cases?
It is not clear in what circumstances the removal of gates and railings which are not essential to the use of the land could give rise to a claim of the nature suggested. But the hon. and gallant Member is no doubt aware of the latter part of Section (3) of Defence Regulation 50 by which the occupier of land from which railings are removed is relieved of any liability by reason of the removal of the railings. Railings which are essential to the use of land are not, of course, removed.