§ 22 and 23. Mr. Wyattasked the Attorney-General (1) whether he will make an ex-gratia payment to Mr. George Arnold Foster, particulars of whose case have been sent to him, for the costs to which he was put in bringing an appeal against a Departmental decision, although it was subsequently found that the appeal was unnecessary because the decision was rescinded before the appeal could be heard;
(2) whether he will introduce legislation making it possible for the costs of appellants to pensions appeal tribunals to be reimbursed when it is considered that they had reasonable grounds for appeal.
§ The Attorney-General (Sir Reginald Manningham-Buller)The Pensions Appeal Tribunals Act, 1943, makes no provision for the award of legal costs to appellants except in the case of appeals to the High Court, and the attention of all would-be appellants is drawn to this fact. The informal procedure before the tribunals was expressly designed so as to make legal representation unnecessary. These tribunals have now dealt with many thousands of cases and I have no evidence to show that there is any justification for altering the law in the manner suggested by the hon. Member. The fact that a claim is admitted before the hearing of the appeal does not alter the principle which Parliament has laid down, and I am not prepared to recommend the making of an ex-gratia payment in the case referred to in the Question.
§ Mr. WyattIs not the Minister aware that in this case Mr. Foster was put to a great deal of expense in preparing the evidence to persuade the Ministry that 588 it was wrong, and that the pension need not have been reduced in the first instance? Is he aware that Mr. Foster was then told, although he had engaged a solicitor, that he should have done that through the British Legion? Surely there is nothing to compel anybody to employ the British Legion. Will the Attorney-General not look into the whole question of appeals? If they are justified, why should the wretched pensioner have to pay out of his own pocket?
§ The Attorney-GeneralThe pensioner who desires to appeal is informed at the time that no legal expenses will be allowed in relation to that appeal. This matter was discussed when the Pensions Appeal Tribunals Act was passed, and it was then considered desirable not to make provision for payments in such cases, so as to maintain a friendly and informal atmosphere before such tribunals. In this case, the decision was reversed in view of the further medical reports which were submitted by the applicant.
§ Mr. WyattDoes the Attorney-General not realise that Mr. Foster went to considerable expense to assemble the evidence, which he did with the assistance of a solicitor, and that if he had not employed a solicitor his appeal would not have been advanced or heard?
§ The Attorney-GeneralHis appeal was not heard because further medical reports were submitted by him which led to the increase being granted.