HC Deb 27 February 1929 vol 225 cc1950-1
30. Mr. BUCHANAN

asked the Minister of Labour if he is aware of the importance of umpires' decisions in governing the decisions of the courts of referees; and if he will consider publishing a number of the most important in booklet form, such as that published by the Minister of Health in cases of old age pensions, etc., dealt with on appeal?

Sir A. STEEL-MAITLAND

The more important decisions of the umpire have for a long time past been issued in monthly pamphlets and also in annual volumes. A single volume containing all the most important decisions up to last April will shortly be issued. All these publications are on sale in the usual way.

Mr. BUCHANAN

In view of the importance which this matter is now assuming, seeing that the decisions are governed by the umpire, will the right hon. Gentleman make the information available as a Parliamentary Paper?

Sir A. STEEL-MAITLAND

I will consider that suggestion.

Mr. BUCHANAN

Thank you.

31. Mr. BUCHANAN

asked the Minister of Labour if he is aware that frequently when a person is before the court of referees claiming benefit he is told that a certain umpire's decision guides or governs the decision of the court; that when the applicant asks for such umpire's decision he is told he should have it; and if he will take steps to see that in any case where an umpire's decision is to be quoted that it should be submitted at the court and also supplied to the applicant for benefit beforehand?

Sir A. STEEL-MAITLAND

I am afraid it would be impracticable to supply copies of the Umpire's decisions to claimants as the hon. Member suggests. All decisions are available for reference by the Courts. It is their business to apply any decisions which are relevant in the particular case, and this they can only do after hearing the facts.

Mr. BUCHANAN

Seeing that this is now a Court, is it not a duty of the Department to see that the decision which is governing the case should be supplied to the applicant for benefit? Should he not, in fairness, know the decision governing the case?

Sir A. STEEL-MAITLAND

The hon. Member will realise that in this matter, just as in an ordinary Court of law, until the case is placed and considered the Court does not really know what the decisions are which may govern it.

Mr. BUCHANAN

While it is true that in a Court of law the actual decision of the previous Court is submitted to the applicant, might I ask the right hon. Gentleman if he will not see that the Umpire's decision is produced at the Court of Referees, as evidence?

Sir A. STEEL-MAITLAND

I do not admit what the hon. Member has previously stated. I have considered this point with every wish to be fair in every possible way to the applicant, and I am afraid that it is not possible to do as the hon. Member suggests.

Mr. BUCHANAN

Is it not the case that the clerk says that a certain decision by the Umpire governs the case, and that, when the applicant asks for the Umpire's decision, he is told that he ought to have it, whereas the Umpire's decision may be given only a week or two before?

Sir A. STEEL-MAITLAND

There is no wish in cases like this not to give anything but what is reasonable, proper, and necessary. If the hon. Member will discuss with me afterwards the precise point, I will gladly go into it.

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