HC Deb 09 November 1948 vol 457 cc1356-8
6. Mr. Willis

asked the Minister of Pensions if he will state the number of final awards reviewed and increased up to 1945 and for each year since.

Mr. Marquand

Up to March, 1945, the number of final awards reviewed and increased because of material worsening of the war disablement was 21,199. The numbers in the financial years 1945–46, 1946–47, 1947–48 were 260,377 and 716 respectively. During the seven months of the present financial year 827 final awards have been increased, bringing the total to 23,379. In addition some 5,500 final awards have been reopened automatically during the past few years because of changes in the scheduled assessment of certain disabilities, notably following the Hancock Committee's report on the Assessment of Specified Injuries.

Mr. Willis

Can my right hon. Friend say whether this is one of the rights of a disabled man which will be stressed in the letter that is to be sent out?

Mr. Marquand

Yes, Sir. In the leaflet special attention is drawn to the possibility of the review of a final award in case of material worsening. A special leaflet for 1914–18 war pensioners will be part of the issue to which I referred earlier.

Major Tufton Beamish

Will the Minister pay tribute to the excellent work of the British Legion in supporting the cases of men which are taken up with the Ministries?

Mr. Marquand

I do not understand why that question should be necessary. I have said many times that we much appreciate the work which the British Legion does.

8. Mr. Leslie Hale

asked the Minister of Pensions why he has refused to consider the case of A. B. Coward, 54/2nd Avenue, Limeside, Hollins, Oldham, on the ground that he has no power to review any cases where a tribunal's final decision has been given; and whether this represents any change in the recent practice of his Department.

Mr. Marquand

As I explained in my letter of 10th September, to the hon. Member, the arrangements for special review which were announced in the House on 25th July, 1946, apply only to cases in which decisions were given by the tribunals before August, 1946, by which time certain legal principles had been clarified by the High Court. The Tribunal's decision on Mr. Coward's appeal was given on 30th January, 1947; no fresh evidence has been furnished and I have no power to review the Tribunal's decision. My letter to the hon. Member does not represent any change in the recent practice of my predecessors.

Mr. Hale

Will the right hon. Gentleman bear in mind that in recent months a series of decisions by Mr. Justice Denning sitting as pensions judge has shifted the onus of proof and altered the law; does he appreciate that there are many cases which now present a prima facie case of miscarriage of justice because those principles were not applied, and will he not take power to himself to review any case in which he thinks it is proper to do so?

Mr. Marquand

My answer takes fully into account this change in the law which has been handed down by Mr. Justice Denning. If the hon. Member reads my answer tomorrow, I think he will see that that is so. Of course, we are always prepared to look very closely at any case in which fresh evidence can be adduced even if the decision was given after Mr. Justice Denning's ruling.

Commander Noble

Would not the Minister agree that this Question and others on the Order Paper addressed to him today emphasise the need for a Select Committee on Service pensions as suggested by my hon. Friend the Member for Lonsdale (Sir I. Fraser) supported by a large number of Members on both sides of the House.

Mr. Marquand

On the contrary. I should have thought that any fair-minded person would have concluded from my answers that the position is thoroughly under control.

Mr. Hale

Would the Minister say whether he is prepared to look carefully at a case of this kind, because he has power to review?

Mr. Marquand

Yes, Sir. I will look at the case, certainly.

Squadron-Leader Fleming

Where a constituent approaches an hon. Member who considers that there ought to be some reconsideration of a case, would the Minister undertake to see that that case is reviewed?

Mr. Marquand

I always look very carefully at these cases. Whatever I am able to do within the law, I will always try to do. I cannot exceed the functions which have been given to me by this House.