§ The ChairmanI think it might be convenient if the Amendment in the name of the hon. Member for Oxford (Mr. Hogg)—in page 6, line 5—is discussed at the same time as that in the name of the Minister, in page 6, line 7.
§ Mr. HoggI beg to move, in page 6, line 5, after "writing," to insert:
and shall specify that the claimant has the right of appeal to a Pensions Appeal Tribunal against the decision given, the time within which such appeal must be lodged and the procedure to be adopted in lodging such an appeal.The object of the Amendment is to effect a convenience for the purpose of the appellant, which is all the more important in so far as there is a time limit within which the appeal must be brought. It would be easier to adopt from the point of the view of the Minister, because it is only a question of printing another form, but it very often does happen that the appellant does not know his right of appeal, and it is to everybody's advantage that he should be told about it. Since my Amendment was put on the Order Paper the Minister has put gown an Amendment of his own, the purpose of which is to achieve the same result. What the difference is I have not yet learned.
§ Sir Henry Morris-Jones (Denbigh)I wish to support the Amendment. It is understandable that if my hon. Friend as a lawyer is unable to find any difference in meaning between the wording of his Amendment and that of the Minister I as a layman cannot define it. I prefer the wording of my hon. Friend. We have granted a pension appeal tribunal to all who have a disability, and it is essential that we should put before them in clear and emphatic language what it is. It should be made clear in simple language that they have the right to appeal, and the procedure they must adopt, and on balance I think the words of my hon. Friend are rather more preferable to those of the Minister and I trust they will be accepted.
§ The Attorney-GeneralThere is a slight difference. Obviously the only notices on which you want to set out the time of appeal procedure and so on are notices from which there can be an appeal. There are one or two other notices referred to in the Clauses of the Bill from which there is no right of appeal. Apart from that, the 1186 words produce the same result and I hope that the Committee will for that reason accept our form of words.
§ The Attorney-GeneralNo, the Amendment will not do, for this reason. In our form of words we make it clear that this provision telling people about the appeals shall naturally enough only apply to notices from which they can appeal. That is the difference between the two forms of words. There are in the Bill one or two other references to notices and it would be most misleading if in connection with a notice in which there was not an appeal you set out how you ought to appeal. There is no difference between us and my hon. Friend.
Dr. MorganThis is apparently a legal wrangle, and I do not understand the attitude at all. I want to make it clear that the man should be notified and should have the right of appeal.
§ The Attorney-GeneralHe will be notified.
§ Amendment negatived.
§
Amendment made: In page 6, line 7, at the end, add:
and, in the case of a notice of a decision from which an appeal lies to the Tribunal, shall specify that fact and the time within which and the manner in which notice of such an appeal must be given."—[Sir W. Womersley.]
§ Clause, as amended, ordered to stand part of the Bill.