HC Deb 25 January 1945 vol 407 cc971-3
64. Captain Prescott

asked the Minister of Pensions whether, where an appeal is made to a Pensions Appeal Tribunal, the onus of proof is on the appellant to establish that the disability was attributable to or aggravated by war service.

Sir W. Womersley

By Section 6 (4) of the Pensions Appeal Tribunals Act a tribunal in determining any appeal is bound by the terms of the Royal Warrant. Article 4 (2) of the latter provides that in no case shall there be an onus of proof on the claimant. There is therefore no onus on an appellant to a Tribunal.

66. Mr. W. J. Brown

asked the Minister of Pensions if he will ensure that Pensions Appeal Tribunals are supplied with copies of statements made by him to Parliament, which might have a bearing upon their decisions in cases submitted to them.

Sir W. Womersley

The Pensions Appeal Tribunals are independent judicial bodies and it would be improper for me to attempt to influence their decisions by drawing their special attention to statements made by me.

Mr. Brown

If I bring a case to the Minister's attention where the chairman of the tribunal announced that he knew nothing of the statement of the Minister to this House that a man's medical category on entering the Army should be accepted as proof of his condition on that occasion, will he look into it and see that tribunals are informed of decisions of this House and of the statements that are made?

Sir W. Womersley

I should be prepared to receive any representations or any statements that the hon. Member can convey to me, but I must inform him that I do not send statements to the tribunals and that he will have to get them from the Lord Chancellor.

Mr. Brown

What is the validity of any pledges we get from the Minister of Pensions as to how the Servicemen will be treated if the very tribunals which judge them do not even know of the assurances that he gives us? This is a very grave matter.

Sir W. Womersley

It is laid down clearly by the House that these tribunals Must be independent of my Ministry and under the jurisdiction of the Lord Chancellor and, as I say, I will convey any statement that the hon. Member makes to be dealt with by the Lord Chancellor's Department.

Mr. Brown

In view of the unsatisfactory nature of those replies, I beg to give notice that I shall raise the matter on the Adjournment.

69. Mr. Woodburn

asked the Minister of Pensions, if he is aware of the dissatisfaction with the manner in which his Department is assessing the degree of disablement in claims for pensions, and when the Order in Council may be expected fixing a date for the right of appeal on the question of assessment in accordance with the provisions of Section 5 of the Pensions Appeal Tribunals Act, 1943.

Sir W. Womersley

No general representations in the sense suggested have been made to me. With regard to the second part, I would invite my hon. Friend's attention to my reply to-day to a Question by the hon. Member for Attercliffe (Mr. Hynd).

Mr. Woodburn

The right hon. Gentleman has referred to an answer we have not been given orally; could he give that answer now in reply to my Question?

Sir W. Womersley

Yes, it is as follows: No assessment appeal tribunals have been set up. I am not satisfied that the time has yet arrived when it would be practicable or desirable to appoint a day for the operation of Section 5 of the Pensions Appeal Tribunals Act, 1943.