HC Deb 21 November 1973 vol 864 cc1479-90

10.51 p.m.

Mr. Walter Johnson (Derby, South)

I am grateful for this opportunity of raising on the Floor of the House the case for compensation of ex-Rifleman Keith Robinson, who served with the 3rd Battalion, the Royal Green Jackets in Northern Ireland. Mr. Robinson is aged 23 and married with one child. He joined the Army as a boy soldier and was later transferred to the Royal Green Jackets, and he served in Northern Ireland.

On 4th October 1971 Mr. Robinson was wounded by a sniper's bullet in the knee and ankle whilst serving in Northern Ireland. After a number of operations one leg finished up shorter than the other. There is also muscle wastage. He will have a permanent limp. There was at one time fears that he would lose the leg, but that did not happen. Mr. Robinson could have been given a desk job in view of his injuries, but he volunteered to return to his unit and five days later on 25th August 1972, he was shot in the back of the neck.

Since that time Mr. Robinson has suffered from severe headaches and pounding in the head which often continues for days. He cannot stand bright light. He wears tinted glasses. He cannot stand noise of any kind, not even that of his young child, whose crying causes him severe headaches. Under the slightest stress he develops a bad stutter. An indication of the man's mental state is that he was admitted to the Derbyshire Royal Infirmary in February of this year following an overdose of tablets. In other words, this young man tried to take his own life, as a result of the stress and strain of normal day-to-day life. Since that time, he has been seen regularly by a consultant psychiatrist at the Derbyshire Royal Infirmary.

I saw Keith Robinson in Derby in August this year, when he attended one of my interview sessions, and he told me that he had been offered £1,000 compensation for both injuries. He turned that offer down, although he subsequently accepted £750 because he was in dire financial straits, on account of a final settlement later. I wrote to the Secretary of State for Northern Ireland on 2nd September, with a copy to the Secretary of State for Defence, asking that Robin-son's case be heard in a court in England. I want to make it abundantly clear to the Minister, as I have tried to do in correspondence but without effect, that this young man is scared to death and frightened by the prospect of going back to Northern Ireland for his case to be heard in a court there. I ask the Minister and other hon. Members in this House whether they would be happy at the prospect of going back to Northern Ireland, if they had suffered such injuries in the service of their country. We all know about the third time being lucky, and Mr. Robinson fears that if he goes back to Northern Ireland the snipers of the IRA will be more successful.

I have asked both the Minister of Defence and the Secretary of State for Northern Ireland to have this case heard in this country, and no one has given me any reason why it should not be heard here, in order to spare this young man an appalling ordeal. I have received no reply from the Secretary of State for Northern Ireland, but on 24th September the Minister of Defence replied that Robin-son's solicitor had stated in a letter that he would be asking for sums of £5,000 and £10,000 for the two injuries—That is, £15,000 in all.

I would refer the Minister to that letter, signed in his absence by a colleague, the hon. Member for Stroud (Mr. Kershaw), who is Under-Secretary of State for Defence for the Royal Air Force. He said: Briefly I understand that Mr. Robinson's solicitor … has advised that, based on the medical evidence available at the time of his discharge, sums of £5,000 and £10,000 should be asked for in respect of the two separate injuries he sustained. I should like the Minister to bear that letter in mind.

Mr. Robinson has been advised that the court hearing will now take place in Belfast on 28th November. He has been told by the Ministry of Defence and by his solicitor that in his own interest he should attend. If he does not attend the judge will be bound to take account of the medical evidence available and the case put forward by counsel both for Mr. Robinson and for the Home Affairs Department, Northern Ireland.

Mr. Robinson was agitated and upset at the prospect of returning to Belfast. After discussion with him—I have seen him practically every week since August when he first came to one of my interview sessions—he said that if I would go with him he would take the chance and go to Belfast. I do not want to go to Belfast. I have no aspiration to go there in the present circumstances. However, I said that I would go with him. I wrote to the Ministry of Defence asking to be allowed to go with him and for my expenses to be met by the Ministry. That permission has now been turned down on two occasions.

I am appalled and shocked by the Ministry's attitude on that aspect alone. There must be military planes flying backwards and forwards between Britain and Northern Ireland half a dozen or a dozen times every day, yet the Ministry has refused to let me accompany Mr. Robinson to Belfast for his case to be heard. I am shocked and appalled that such a situation can exist.

I would willingly meet my own expenses, but that is not the point. Mr. Robinson does not want to go back to Northern Ireland and I understand why he does not want to return. The Minister has turned down on two occasions a reasonable request for me to accompany him on his journey so that he can have some comfort, guidance and advice. That is mean and petty and reflects the callous indifference of the Ministry of Defence. It has shown that it has no compassion or understanding of the serious condition of one of its young soldiers who has been seriously wounded on two occasions.

The Under-Secretary of State for Defence for the Army (Mr. Peter Blaker)

I am sorry to interrupt. The hon. Gentleman said that the Ministry of Defence has refused to allow him to go with Mr. Robinson. Will the hon. Gentleman say in what letter the Ministry has said that?

Mr. Johnson

I have made it clear to the Minister in successive letters that I should like to accompany Mr. Robinson. I have asked for my expenses to be paid. The Minister knows that on two occasions he has written to me saying "No". There are military aircraft flying backwards and forwards to Northern Ireland every day. Probably those aircraft are half empty. Surely arrangements could have been made for me to give this man some guidance and comfort during the ordeal which he faces next Wednesday.

It is not asking very much. It is typical of the attitude of the Ministry that it should refuse such a reasonable application. It should not have been my job to be fighting this young man's case for better compensation. It should have been the Ministry's job to do so. Robinson is one of its young soldiers. He has been injured in the service of his country and discharged and has a claim against the civil authorities in Northern Ireland for compensation. The Ministry should have fought his case. It should not have been for Robinson to come to me.

I am appalled that this sort of thing should happen. It can be understood why, despite expensive recruiting campaigns, young men do not want to go into the Services. They will not want to do so if they are not treated and looked after properly by those responsible for them.

I have mentioned the attitude of the Ministry of Defence. I make no apology for saying that I condemn the Ministry for the way in which it has behaved in this matter. As for the Secretary of State for Northern Ireland, I have made a personal appeal to him for assistance in this matter, particularly stressing that in my view this case should be heard in this country. This youngster should not be forced to go to Northern Ireland. All that I have had so far is a letter. To be fair, it was of some help, and the civil servant concerned could not have been more helpful. But that is all I have had—a letter from a civil servant in the office of the Secretary of State for Northern Ireland. I am disappointed. I have always regarded the Secretary of State as a man of compassion and understanding, and the sort of person who, if he knew the facts, would take a personal interest in such a case. I hope that that observation will be reported back to him. I am particularly disappointed that he or his representative cannot be here tonight.

As a result of the further representations that I have made on behalf of Robinson to his solicitor, a suggestion was made that out-of-court discussions might take place to see whether there could be some increased offer. The position is that as a result of these discussions the original offer of £1,000 has now been increased to £5,500. But from this sum, £750 must be deducted, as it has already been paid, and there is still some doubt about the ex gratia payment which was made and whether an evaluation of this sum must take place to ascertain whether that, too, must be deducted from the lump sum. The position is not clear, but the letter from the Department says that account will have to be taken of this. Therefore, on a normal actuarial valuation of £200 a year, for whatever length of time may be involved, it would seem that another £2,000 might be taken off the £5,500 lump sum.

Robinson is in a shocking state. He has had 11 jobs since he was discharged from the Army. He has had to leave all of them because he cannot concentrate. He has been advised by the psychiatrist to give up training at the rehabilitation centre to which he was sent two months ago. This, we hoped, would be the salvation of this young chap. I believe that the work prospects for the future are very remote indeed. I cannot see him being able to hold a job down in his present condition. But it is not too late for justice to be done and for the case to be heard in England. Will the Minister get in touch with his colleagues in the Army and in the office of the Secretary of State for Northern Ireland to see whether, even at this late stage, the case could be heard in this country?

If these injuries had happened to a man in industry we would not be talking in terms of £5,500. In industry, if a man got a permanent limp, and would always be highly neurotic, anxious and worried, we would be talking in terms of £30,000 at the least. I want this youngster to get a lump sum which can be invested so that his future will be secure. He is married with one child. I cannot see him holding down a job.

I ask the Minister to join me in a fight to get a square deal for one of the young fellows who joined the Army as a boy, who has served his country and has been wounded twice seriously in the service of the country. I ask him to try to get a square deal for Robinson. There are various ways in which that can be done. The case should be heard in this country so that Robinson is not faced with the awesome prospect of going to Northern Ireland. If that cannot be done, discussions should take place urgently in Northern Ireland to try to get a reasonably satisfactory out-of-court settlement to save his having to go over there. I ask the Minister to reply to those two points in particular.

11.10 p.m.

The Under-Secretary of State for Defence for the Army (Mr. Peter Blaker)

I congratulate the hon. Member for Derby, South (Mr. Walter Johnson) on having obtained this Adjournment debate and having raised the important question of his constituent's claim for compensation, not least because it will give me the opportunity to clear up what I believe to be one or two misunderstandings in the hon. Gentleman's mind. He referred to the fact that no Minister from the Northern Ireland Department is here. I have explained to him why that is so. They have sent their apologies. They have been engaged on business in Northern Ireland today.

The case raised by the hon. Gentleman is a sad one and illustrates in human terms the price we have to pay for keeping the peace in Northern Ireland. No words of mine can adequately pay tribute to the courage and devotion to duty of the men and women of the security forces who have served, are serving and will serve in Northern Ireland. The Government owe it to them to make sure that the difficulties for those who are wounded or injured and for the widows of those killed are minimised to the greatest possible extent.

Of course, nothing that the Government can do can give back to Mr. Robinson the health he enjoyed before he went to Northern Ireland, but I want to tell the hon. Gentleman what has been done for him financially and in other ways. Mr. Robinson had the unusual ill fortune while serving in Northern Ireland to be wounded twice. As a result of this wound, it was necessary for him to be discharged from the Army on 29th December 1972 on medical grounds.

On his discharge from the Army, Mr. Robinson received an invaliding gratuity of £176. With effect from 1st April 1973, he was given an ex gratia award of £200 a year. This will be increased to £218.60 from 1st December 1973. In addition, Mr. Robinson received a war pension award from the Department of Health and Social Security.

His degree of disability was originally assessed at 20 per cent. with effect from 30th December 1972, which entitled him to a pension of £2.24 a week. The award was re-assessed in July 1973 and a 30 per cent. disability pension was awarded and back dated to 30th December 1972 at the rate of £3.36 a week. The award was increased because of a general in-increase in benefits to £3.84 a week from 3rd October 1973. In addition to this sum, Mr. Robinson receives a family element, bringing the total DHSS benefit to £4.11 a week from 3rd October 1973. I understand that Mr. Robinson has lodged an appeal to the Pensions Appeal Tribunal against the assessment of 30 per cent. disability. Mr. Robinson attended a Government training course from 20th August 1973 to 2nd November 1973. He terminated the course voluntarily for medical reasons. I understand that it is still open to Mr. Robinson to return to the course if his health permits it, and I am sure that the authorities will do all they can to help Mr. Robinson join another course later if that is his wish. During the course, he received a weekly allowance of £23.45. He is now in receipt of unemployment benefit at the rate of £19.95 a week. Consequently the total amount he is now receiving, taking into account the various payments I have mentioned, is almost £28 a week.

Mr. Robinson made a claim for compensation under the Criminal Injuries to Persons (Compensation) Act (Northern Ireland) 1968. The hon. Member has made a number of points with regard to this claim. However, I should make it clear that this claim is a private one, submitted by Mr. Robinson, advised by his solicitor, and that the claim falls to be considered by the Northern Ireland courts acting under statutory authority. The hon. Gentleman said that in August 1973 the only offer Mr. Robinson had received was one of £1,000, which was for both injuries. My understanding is that the offer was for the first injury only.

The hon. Member has asked why the claim has taken so long to be settled. The length of time for an injury claim to be settled will always depend on the nature of the injuries received and the time which elapses before a final medical prognosis is made. In Mr. Robinson's case interim payments totalling £750 were made while the case was being investigated.

Mr. Walter Johnson

Does not the hon. Gentleman agree that that £750 must come out of whatever final compensation is decided? I had a letter from Mr. Robinson's solicitor only this week clearly stating that that was what must happen, and I understand from the Ministry itself that any such sum would have to be deducted.

Mr. Blaker

It would not be proper for me to comment on those sums, because they are a matter for the court and Mr. Robinson's solicitor to settle. It would not be proper for me or the Ministry to take over this matter because it is a matter that an Act of Parliament has decided should rest with the court. I cannot say whether the hon. Member is right in saying that there must be some deduction in respect of the ex gratia payment. The court is obliged to take into account in assessing the amount to be paid any award under the ex gratia scheme, but it is not for me to say whether there will be any deduction from the £5,500. I do not know. It is true that there would have to be a similar deduction in respect of any benefits received from any other source if the claim were made by a civilian, so this arrangement does not apply only to a soldier's claim under the relevant Act.

The hon. Member asked why it was necessary for Mr. Robinson to travel to Northern Ireland for his claim to be heard. The answer is that this is not essential. It is possible for him to be represented and for the court to make a decision on the basis of written medical evidence. However, Mr. Robinson has been advised by his own solicitor that it would be in his own interest to attend court in person. His claim cannot be heard in England because the Act is Northern Ireland legislation and applies only in Northern Ireland. The Act requires that claims shall be heard by the Northern Ireland county courts and these courts cannot sit outside their areas of jurisdiction in Northern Ireland.

The hon. Member said that the Army should have helped Mr. Robinson to present his claim. That would not have been proper. The proper course is for the solicitor to advise Mr. Robinson, but the Army helped him in the appointment of the solicitor and by providing medical evidence. Again, I cannot comment on whether the amount of compensation offered is adequate. It is a matter for the court and it would be improper for me to comment.

Mr. Johnson

The hon. Member will have seen the letter sent by his colleague in the Ministry of Defence which says that the solicitor himself has said that the compensation for which he will be asking will be £5,000 for the one injury and £10,000 for the other.

Mr. Blaker

That may be, but it is not for me to comment on the propriety of what the solicitor says.

As regards Mr. Robinson's safety, all Service men or ex-Service men attending courts in Northern Ireland for this purpose are met on arrival and escorted throughout their stay. In this case, not because we believed there was any special risk but in order to allay Mr. Robinson's fears, we offered to provide an officer to accompany him and remain with him on the outward and return journey. It is likely that it will be possible for them to return the same day, but if it is necessary for them to stay overnight, they will be accommodated with an Army unit. I fully understand Mr. Robinson's feelings about returning to Northern Ireland, but the arrangements to look after him have been made with great care and I hope that the hon. Member will reassure him to that effect.

It is, of course, open for any plaintiff to apply to the court for the reimbursement of his expenses, including his travelling costs, and I understand that these are normally paid on the order of the court. However, we are prepared exceptionally to meet the cost of Mr. Robinson's travelling and accommodation expenses and also those of his official escort. I am afraid that it would not be appropriate to meet from official funds the expenses of any other advisers Mr. Robinson wishes to take with him on a private basis.

I should mention that in addition to the other sums I have mentioned, various Service funds have done their best to help Mr. Robinson. He has received £260 from the Army Benevolent Fund and grants totalling £150 from the Riflemen's Aid Association. I understand also that the Riflemen's Aid Association would be prepared to consider making a further grant to Mr. Robinson to enable another person to accompany him to Northern Ireland, if that is his wish. I think that this may be of relevance to the hon. Gentleman's desire to accompany Mr. Robinson.

May I put the record straight? The hon. Gentleman gave the impression that the Ministry of Defence had said that he could not go to Northern Ireland. I think that he meant that we could not pay for him to go to Northern Ireland. In view of what I have said about the Riflemen's Aid Association being willing to consider making a further grant to Mr. Robinson in that connection, I hope that that problem will be solved.

The Ministry of Defence has always taken great care to see that wounded soldiers are looked after, not simply while they are still in the Services but after they have left. Within the last year, a new unit has been set up in the Ministry to co-ordinate all the arrangements for their after-care, many of which, of course, are the responsibility of other Departments. I believe, having reviewed this case thoroughly, that we cannot rightly be accused of letting Mr. Robinson down.

Question put and agreed to.

Adjourned accordingly at twenty-two minutes past Eleven o'clock.