§ 5. Mr. HURDasked the Minister of Pensions whether, in order to assist ex-service men and dependants in the most difficult task of presenting their cases before appeal tribunals, he can arrange that they shall have at their disposal free legal or expert advice and assistance, such as is afforded to defendants in the courts of law?
§ Major TRYONI regret that I am unable to recommend the adoption of this suggestion. The proposal has already been very carefully considered, both by the late Minister of Pensions and by myself, in consultation with the Lord Chancellor, but was found impracticable. Apart from objections on the ground of the heavy expense that would be entailed, it is, in my judgment, neither necessary nor desirable in the interests of appellants to introduce into the procedure of the pension appeal tribunals, a system of professional advocacy.
§ Mr. HURDWould it be possible for the British Legion, or a body of that sort, to give, or provide, independent help for these cases?
§ Major TRYONYes, Sir. The British Legion has rendered very valuable help in cases of the kind.
§ Lieut.-Commander KENWORTHYIs the right hon. Gentleman aware that the pensioners consider that unless they get legal advice they cannot get their cases properly considered.
§ Major TRYONOn that I may say that I think it is undesirable to put in interposition of that sort. In the claims put forward we endeavour to bring out as clearly as possible the points in favour of the men.
§ Sir JOHN SIMONWould the appeal tribunal be prepared to hear the presentation of the case put by, not a professional person, but someone nominated by the British Legion?
§ Mr. MACPHERSONDoes not the Ministry of Pensions encourage voluntary assistance?
§ Major TRYONIn reply to the two right hon. Gentlemen, that is the case. We welcome any assistance given in a voluntary form to the applicants. We do not want to put ourselves in antagonism to the applicant.
§ 11. Lieut.-Commander KENWORTHYasked the Minister of Pensions if he is aware of the many cases of harshness, and even of injustice, in recent cases of appeal by pensioners before the pension appeal tribunals; that many men have had their pensions stopped or very much reduced, when quite unfit for work, owing to their wounds or disabilities; whether he can give the House of Commons the recent instructions sent to tribunals on the question of revisions; and whether he is considering the stabilising of all pensions?
§ Major TRYONI am not aware of any ground for the suggestion that the pensions appeal tribunals which are under the Lord Chancellor are either harsh or unjust. The tribunals are free to exercise an unfettered judgment on the merits of each case which comes before them, and I am informed that no instructions which would in any way tend to limit that power are or could be given to them. As regards the last part of the question, I would refer the hon. and 1958 gallant Member to the answer which I gave to the hon. Member for Stone on the 30th November, and of which I am sending him a copy.
§ Lieut.-Commander KENWORTHYIs the right hon. Gentleman aware that owing to his own great kindness several of these cases have been looked into and the pensions rearranged? There are many cases where injustice has been removed owing to his own efforts.
§ Major TRYONI am not aware of the particular cases to which the hon. and gallant Member refers. The procedure is as follows: When a claim is rejected by the Ministry and the man appeals, we again go into the case, and sometimes we are able to grant the application in consequence of new evidence. If we do not grant the entitlement the case goes on to the appeal tribunal, whose decision is final.