§ 6. Mr. T. KENNEDYasked the Minister of Pensions whether, seeing that Pensions Appeal Tribunals have no jurisdiction to deal with appeals not entered within the statutory time limit, he will say how such appeals, if sanctioned by the Ministry, are disposed of?
§ Major TRYONI do not think I can usefully add anything to the answer regarding the law on this point given to the hon. Member by my right hon. Friend the Comptroller of the Household on the 11th instant, except to point out that my Department has no authority to sanction appeals, as suggested by the hon. Member, but only to remit them to the Tribunal when, notwithstanding that the appeal must, on the information before the Ministry, be held to be out of time, the man expressly desires that this issue should be determined by the Tribunal. In any case where the issue referred to is raised, the Tribunal decide in accordance with the law and the facts of the case.
§ Mr. KENNEDYWhat purpose is served by the Ministry in sanctioning appeals to the Appeal Tribunal if the Minister knows that the tribunal has no jurisdiction? Further, knowing that the tribunal has no jurisdiction over such
§ Major TRYONAs the information required is very detailed, I propose to circulate it in the OFFICIAL REPORT.
§ The following is the answer:
§ cases, could not the Minister devise some means of having such cases considered outside the tribunal?
§ Major TRYONIt is clearly the duty of the Ministry to inform the tribunal whether the appeal is or is not out of time. Any question of altering the final award can only be dealt with under the system of correction of errors which has been adopted by this and previous Governments.
§ Mr. KENNEDYWhy should cases be sent to a tribunal which has no jurisdiction over such cases?
§ Mr. HARRISDoes the right hon. Gentleman consider the fact of an appeal being out of time a good reason for delay?
§ Major TRYONIt is open to any appellant whose appeal is alleged not to have been lodged within the statutory time to go before the tribunal on the issue whether he has in fact complied with the-statutory requirements and whether the tribunal has jurisdiction to hear the appeal.
§ Mr. HAYESIs the right hon. Gentleman aware that, when an appeal is heard and they understand from the statement of the Ministry official that it is out of time, they decline to take any evidence as to the ground why the man did not appeal within time?
§ Major TRYONThe procedure of the tribunals is outside my Department.
§ Mr. HAYESIf the right hon. Gentleman is satisfied that injustice is done by the existing law, will he cause an Amendment of the law to be put before the House?
§ Major TRYONI am not prepared to suggest any wider alteration of this procedure, which I think was rightly continued by the late Government and which we are also continuing.