HC Deb 08 November 1949 vol 469 cc1052-3
42. Mr. Low

asked the Secretary of State for War what increases have been awarded to pensions of retired British Army officers who were re-employed by the British Army during the war; and whether he will now arrange that the same increases are awarded to retired British Indian Army officers who were reemployed by the British Army during the war, and that the Government of the Dominion of India be asked to refund to the War Office the extra sums so payable.

Mr. Shinwell

The increases in the retired pay of British Army officers who were awarded service retired pay before 19th December, 1945, and who, after the date of retirement, rendered full time service in the Armed Forces during the war were explained in the answer given to a Question by the hon. and gallant Member for Knutsford (Lieut.-Colonel Bromley-Davenport) on 15th April, 1946. I am sending the hon. Member a copy of this. I understand from my right hon. Friend, the Secretary of State for Commonwealth Relations, that the reassessment of the retired pay of the British officers of the Indian Army, to which reference is made, is a matter for the Government of India and that my right hon. Friend is pressing them for a decision. As regards the last part of the Question, I have no power to act as the hon. Member suggests.

Mr. Low

Is the right hon. Gentleman aware that these men have not received the increased pensions to which they are obviously entitled because there has been a dispute between the Government of India and His Majesty's Government as to who is liable? Is he not further aware that as these men have been reemployed by the British Army they are the responsibility of His Majesty's Government here, in respect of any increase in pension?

Mr. Shinwell

I fully sympathise with the officers concerned, and I recognise the differentiation as being disagreeable to them, but this is a matter which can only be settled as a result of conversations between His Majesty's Government and the Government of India, and I suggest that if the hon. Member desires a further answer he should put down a Question to my right hon. Friend.

Earl Winterton

Is the right hon. Gentleman aware that the question of these pensions was raised when the Government of India Act was before the House and consideration of the matter was then promised by the Government? Do I understand that the right hon. Gentleman's colleague is responsible, and that these discussions have not been brought to an end?

Mr. Shinwell

That is so. My right hon. Friend the Secretary of State for Commonwealth Relations is pressing for a decision, as I have already said, but the matter is not entirely in his hands.

Brigadier Head

Will the right hon. Gentleman say if the claim of the officers for this extra pension is acknowledged and if the dispute is merely as to who is responsible for payment, could not payment be made in anticipation of a settlement and has not the right hon. Gentleman power to make that settlement?

Mr. Shinwell

There can be no question of acknowledgment of the claims except by the party concerned. I am afraid that we cannot make any grant in anticipation of that.

Mr. Low

Is there not a precedent for His Majesty's Government taking over responsibility for such cases where there is a dispute between His Majesty's Government here and the Government of India, for example, the precedent of the judges?

Mr. Shinwell

If the hon. Member cares to send me the reference, I will examine it.