HC Deb 07 December 1953 vol 521 cc1610-1
32. Mr. Wyatt

asked the Minister of Pensions and National Insurance how many appeals there have been hi Birmingham against decisions of the National Insurance officer; and how many of them have been successful.

The Joint Parliamentary Secretary to the Ministry of Pensions and National Insurance (Mr. R. H. Turton)

Out of 7,514 appeals dealt with since July, 1948, by the Birmingham Tribunal, which covers certain areas outside Birmingham, 2,140 were successful.

Mr. Wyatt

Is the Minister aware that this is a very small proportion of successful cases and that there is a good deal of discontent in Birmingham because appellants are not being given a square deal in the conduct of these appeals?

Mr. Turton

This average is in conformity with the national average, which, last year, was 31 per cent., the year before 30.5 per cent., and the year before that 30.8 per cent.

33. Mr. Wyatt

asked the Minister of Pensions and National Insurance why, in the case of appeals against decisions made by the National Insurance officer, the officer who made the original decision is not available to be examined by the appellant.

Mr. Turton

In giving a decision on a claim, an insurance officer is acting as an independent statutory authority. In the circumstances, it would be most unusual for the appeal tribunal on hearing an appeal to permit him to be examined by the appellant.

Mr. Wyatt

Is this not an example of the unsatisfactory nature of these appeals? How can the appellant get to the bottom of the reasons why his original application was turned down if he is not allowed to cross-examine the officials who made that decision?

Mr. Turton

An appeal is a rehearing of the case. To my knowledge, no other appellate tribunal in this country allows the preceding judicial authority to be cross-examined by a party.

Mr. Wyatt

Surely the official is not a judicial authority but an official acting under the authority of the Minister.

Mr. Turton

That is not correct; he is an independent statutory authority.