§ 27. Dame Irene Wardasked the Minister of Social Security whether, in view of the favourable legal outcome of Miss Anne Whittaker's case for receiving industrial injuries benefit which had been denied under a Ministerial inquiry, she will undertake for the future to establish a code of practice for the guidance of her Department for the proper protection of social security status for variety and circus artistes.
§ Miss HerbisonThis case turned on the question of insurability under the Industrial Injuries Act. I have to act judicially in deciding such questions in individual cases, and my decisions are 1098 subject to appeal on a question of law to the High Court. A difficult point of law was involved here and the Court reached a different conclusion from that at which I arrived after taking legal advice. I am satisfied that my Department is aware of the implications of the judgment in this case.
§ Dame Irene WardWhile thanking the right hon. Lady for that reply, may I ask her to hear in mind that because of the decision that matters of discretion shall not come within the purview of the Parliamentary Commissioner, it is all the more important to ensure that Departmental decisions involving any disputes should be right and that people should not have to go to a court of law to get a decision which is right for them when the matter ought to have been decided fairly by her Department?
§ Miss HerbisonEvery attempt is made to decide the matter fairly. A decision taken by the Minister—this applied also to previous Ministers—is taken on the best legal advice available.