HC Deb 28 November 1928 vol 223 cc410-2
36. Mr. BROAD

asked the Minister of Labour whether in the interest of Parliamentary control of his Department, he is prepared to supply Members with copies of all regulations and instructions on procedure issued by his Department to officials, whether they be marked confidential or otherwise?

38. Mr. SHORT

asked the Minister of Labour of he will make available to Members copies of the circulars and instructions issued by his Department to Employment Exchange managers in connection with the transference of unemployecl workers from depressed areas?

Sir A. STEEL-MAITLAND

All regulations are published and copies are placed in the Library of the House. As regards instructions to the staff, it has been the invariable practice of my predecessors to treat them as confidential, and I do not think I ought to alter this practice. I am always ready to state the general effect of any instructions and, in the case of transference of unemployed workers, I did this in a reply given on 14th November, of which I am sending a copy to the hon. Member for Wednesbury (Mr. Short).

Mr. T. WILLIAMS

Is the right hon. Gentleman aware of the difficulty Members are placed in when confronted by a person who has had his unemployment benefit stopped and the Member is quite unable to explain the reason as a result of these circulars?

Sir A. STEEL-MAITLAND

No, but I do not think that arises out of the question. If hon. Members wish for informa- tion about any particular case, and they will refer it to me, I will always do my best to give an answer.

Mr. BROAD

Is not the real reason for secrecy that if these methods were known to the House they would not be approved?

Sir A. STEEL-MAITLAND

All I can say is that my methods are precisely the same as those of my predecessors.

Mr. SHINWELL

Will the right hon. Gentleman state the special reason for withholding this information from Members?

Sir. A. STEEL-MAITLAND

All my predecessors have had exactly the same practice, which is that instructions given to an official of the Department are matters of ordinary Departmental confidence, and it is the only principle on which administration can properly be conducted.

37. Mr. BROAD

asked the Minister of Labour whether, in view of his undertaking that an applicant for unemployment benefit whose claim has been rejected has the grounds of such rejection fully stated on the form for appeal which he signs, confidential instructions have been issued to the local officers, on the 26th March, 1928, that they shall forward a further report on a blank sheet which they shall not communicate to anyone outside the Department and of which no copy is to he retained at the local office?

Sir A. STEEL-MAITLAND

The answer to the hon. Member's question is that no report or information is put before the Court of Referees on an appeal from rejection of a claim to benefit which is not communicated to the appellant or his association before the appeal is heard. In order, however, that there may be no misunderstanding on the point, I should mention that, when a claim is being sent to the insurance officer for determination in the first instance, the local officer who interviews the claimant may in appropriate cases (which only form a, very small proportion of the total) make a special report for the information of the insurance officer which is not shown to the claimant or to the Court of Referees. The need for this arises from the fact that the insurance officer in London cannot interview claimants himself. The Court of Referees does interview the claimant and therefore need not have such a report. As I have said, any report or other information which is laid before the Court is communicated to the claimant or his association.

Mr. BROAD

Is not the information contained in this secret report used by the officer to influence the Court after the applicant has withdrawn?

Sir A. STEEL-MAITLAND

No, it is information which is merely given to the insurance officer. A doubtful case is referred, first of all, to the insurance officer before it can go to a Court of Referees on appeal. The reason this report is ever given is that the insurance officer cannot see the man for himself, and there are certain inferences which can only be formed on actually seeing the man. The local officer acts as the eyes and ears, so to speak, of the insurance officer for that purpose.

Mr. BROAD

Why is the right hon. Gentleman so particular that a copy of the report is not kept in the local office?

Sir A. STEEL-MAITLAND

So far as I know, there is no Regulation or instruction either for or against any report being kept in the office.

Mr. BROAD

May I ask the right hon. Gentleman to read his own instructions?

Mr. KELLY

Seeing that the Minister has a representative present at all hearings before the Umpire, is that representative furnished with a copy of this confidential report?

Sir A. STEEL-MAITLAND

So far as. I know, that is not the case before the Court of Referees, and I do not think it is the case before the Umpire either. It is a small point of procedure, but, if the hon. Member wishes, I will find out and give him a definite reply.

Mr. SHINWELL

If this additional information may be of an adverse character, why should it not be made available to the man, so that he can have an opportunity of questioning the accuracy of the statement?

Mr. SPEAKER

We really cannot spend any more time over this question.

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