§ 75. Mr. Shephardasked the Minister of Pensions if he will state the number of applications for hearing at a pensions appeals tribunal received from the East Midlands area which have not yet been passed on to the pensions appeal office; and how many of these applications are dated March, 1944.
§ The Minister of Pensions (Sir Walter Womersley)I would refer my hon. and gallant Friend to the reply I gave to a similar question by the hon. Member for Llanelly (Mr. James Griffiths) on 2nd November, of which I am sending him a copy.
§ Mr. ShephardCan I have a reply to my actual Question which asked how many applications from the East Midlands area were dated March, 1944?
§ Sir W. WomersleyTo keep the statistics separate would involve a great deal of labour. I am having the greatest difficulty in wiping out the arrears of these appeals, and I cannot spare any staff for collecting these statistics.
§ Mr. ShephardIn view of the unsatisfactory nature of the reply, I beg to give notice that I shall raise this matter on the Adjournment.
§ 76. Mr. Tinkerasked the Minister of Pensions if he is aware that complaints are being made about the length of time that elapses before cases get before the pension tribunal and that some of those to whom he gave a promise that they would get special attention are still waiting for their cases to be heard; and if he will take steps to expedite their hearings.
§ Sir W. WomersleyThe general position is being met in the way I have previously explained to my hon. Friend. Of the four cases to which my hon. Friend has recently drawn my attention two will, I am informed, be listed for hearing in the week beginning 4th December. In another, the statement of the case was sent to the appellant on 13th instant for any comments he may wish to make before it is sent to the tribunal. In the fourth case my Department has been able, on further consideration, to accept the disability as pensionable and the appellant is being notified.
§ Mr. TinkerWhile thanking the Minister for his reply, may I urge upon him to get a move on with the tribunal, as there is a lot of ill-feeling throughout the country on the matter?
§ Sir W. WomersleyI have explained to the House time and time again, right from the time when the Bill was before the House, that there would be delay, and that was accepted by the House as the condition under which the tribunal was to be set up.
§ 77. Mr. Dribergasked the Minister of Pensions if he will take steps to make it known to the public and to the officials of his Ministry that decisions of pensions appeals tribunals are not final in all cases and that there is in certain cases a right of further appeal to a judge of the High Court.
§ Sir W. WomersleyThe position is that, under the Pensions Appeal Tribunals Act, 1943, the decisions of the tribunals are final and conclusive, except where the appellant or the Minister is dissatisfied with the decision as being erroneous in point of law and obtains leave of the tribunal or of a judge of the High Court to appeal therefrom. To refer in all cases to this provision which can only apply very exceptionally would, I am afraid, only lead to disappointment. My officers accordingly endeavour to discriminate in dealing with correspondence from unsuccessful applicants; but I am glad of this opportunity of adding to the publicity given to the provision. I might mention that in the large majority of cases appellants are advised by the British Legion or other bodies well aware of the right conferred by the Act in the special circumstances to which it applies.
§ Mr. DribergWhile thanking the right hon. Gentleman for his reply, may I ask if he will bear in mind that one of his officials did erroneously inform a constituent of mine, in a case to which I have drawn the Minister's attention, that there was absolutely no appeal? Will he take steps to see that that does not happen again?
§ Sir W. WomersleyYes, Sir, my attention has been drawn to this case, and the officer has been told that he was doing the wrong thing.