§ 9. Mr. Prenticeasked the Minister of Pensions and National Insurance when he expects to issue regulations to provide for an automatic right of appeal from the local appeal tribunals to the Commissioner under the National Insurance Act, and to introduce legislation to give a similar right under the Industrial Injuries Act.
§ Mr. Boyd-CarpenterDraft Regulations providing for an unrestricted right of appeal from decisions of local tribunals to the National Insurance Commissioner have been submitted to the National Insurance Advisory Committee and are now being considered by them. As regards the second part of the Question, I have no statement to make about legislation, but I do not think there is any chance of it this Session.
§ Mr. PrenticeWhile welcoming the first half of the Minister's reply with regard to the National Insurance Act, may I ask whether he would not agree that if the recommendation of the Franks Committee is implemented in respect of the National Insurance Act it would be logical to implement it in respect of the Industrial Injuries Act as quickly as possible? As a Bill on this matter need only be short and uncontroversial, could he not use his influence with his right hon. Friend to see whether it could be brought forward during this Session?
§ Mr. Boyd-CarpenterThere is no question of not implementing the recommendation. As the hon. Gentleman knows, on the National Insurance side this can be done by regulation, which is what we are doing, while on the Industrial Injuries side legislation is required to amend the original Industrial Injuries Act. I think that the hon. Gentleman, for all his knowledge of the subject, somewhat underrates its complexity if he thinks that legislation on this and connected topics of Industrial Injury adjudication would necessarily be very simple.
§ 10. Mr. Prenticeasked the Minister of Pensions and National Insurance what proposals he is considering to amend the system of National Assistance appeals so as to provide a further right of appeal against decisions of the local tribunals.
§ Mr. Boyd-CarpenterNone, Sir. I accept the view of the Committee on Administrative Tribunals and Enquiries as set out in paragraphs 181 and 182 of its Report.
§ Mr. PrenticeBut did not the same Committee, earlier in its Report, say that it is desirable that there should be appeals from a lower court to a higher court or appellate tribunal? Does not the Minister think that the National Assistance Tribunal qualifies under this heading? Are there not about 151 different tribunals in different parts of the country which give perhaps different decisions on points connected with the Act, and should there not be an appeal to a national tribunal in these cases?
§ Mr. Boyd-CarpenterNo. The general recommendation of the Franks Committee, to which the hon. Gentleman referred, was expressly excluded by the Committee itself, in the paragraph that I have quoted, from application to these tribunals. The decision which has been already announced is completely in line with the recommendation of the Franks Committee; and it may interest the House to know that when the original suggestion to provide an appeal from these Tribunals was made during the passing of the National Assistance Act over ten years ago, the right hon. Member for Llanelly (Mr. J. Griffiths) took the same view as the Franks Committee has since taken.
§ 11. Mr. Prenticeasked the Minister of Pensions and National Insurance what 595 proposals he is considering to amend the provisions of the Industrial Injuries Act relating to appeals on medical questions, so as to provide a further right of appeal in appropriate cases against decisions of the Medical Appeal Tribunals.
§ Mr. Boyd-CarpenterThis is a matter which requires legislation, and I have no statement to make about it at present.
§ Mr. PrenticeWould the Minister bear in mind that the principle which applies to National Assistance applies in this case? This, again, is an instance where several regional tribunals are giving different decisions, leading very often to a sense of injustice. Would not this procedure be improved by providing an appeal to a national tribunal or some other body from the M.A.T. decisions? May we take it from the Minister's reply that he has not closed his mind to the possibility of a change?
§ Mr. Boyd-CarpenterNo. The position of the Medical Appeal Tribunals is entirely different from that of the National Assistance Appeal Tribunals. There is a much stronger case for appeal from the Medical Appeal Tribunals, but to provide it would require legislation, as I have indicated in my Answer.
§ Mr. MarquandIs the Minister's difficulty that of getting draftsmen and drafting the legislation, or does he anticipate delay in this House? If the answer to the latter part of the question is in the affirmative, I assure him that we on this side will do all we can to facilitate the passing of legislation.
§ Mr. Boyd-CarpenterI am glad to note the right hon. Gentleman's assurance, but, with his knowledge of the subject, he will appreciate that amendment of the adjudication system of the Industrial Injuries Act is a complex business. The more one goes into it, the more complicated it appears.