HC Deb 26 July 1988 vol 138 cc248-9
15. Mr. Ashley

To ask the Secretary of State for Defence what representations he has received regarding ex gratia payments for ex-service men and women seriously disabled by alleged negligence before 8 December 1986.

The Parliamentary Under-Secretary of State for the Armed Forces (Mr. Roger Freeman)

A number of representations have been received from the right hon. Gentleman and others.

Mr. Ashley

Does the Minister agree that every service man and woman now has a right to sue for compensation if he or she is disabled as a result of negligence and that that right was won partly by the campaigning efforts of a group of severely disabled ex-service men who, ironically, are denied that right? Will the Minister reconsider his refusal to set up a trust fund to make ex gratia payments to ex-service men who are disabled but who do not have the right to sue?

Mr. Freeman

I can confirm to the right hon. Gentleman that service men and women now have the right to sue for negligence. I pay tribute to him and to many other right hon. and hon. Members for the campaign that was waged to draw attention to this inequity. As was made clear during proceedings in the House, we have no intention of making that repeal retrospective, and that includes the application of the trust fund. But I can confirm that those ex-service men and women to whom he referred receive benefit payments from the DHSS and from the Ministry of Defence.

Mr. David Martin

Will my hon. Friend tell the House how many serving men and women have made claims for damages since December 1986?

Mr. Freeman

Yes. Since 8 December 1986 some 250 service men and women have made claims for damages and those cases are now in course of settlement.

Mr. Cohen

Have not many of the nuclear test veterans and their families suffered terribly purely in the course of serving their country? Should not the Government provide proper compensation for those families?

Mr. Freeman

The Government maintain that there is no evidence of any causal link between the nuclear tests that took place in Australia in the 1950s and any injuries or disease that may or may not be suffered by service men and women.

Mr. Alexander

If there is negligence, surely an ex-service man or service men ought to be entitled to sue? What is so magical about the cut-off date? Is not the cut-off date causing grave damage and disturbance to those members of the services who otherwise would have perfectly valid claims?

Mr. Freeman

That was just the reason why the Government decided to repeal the law to permit service men and women, effectively from 8 December 1986, to sue for damages, so I agree with my hon. Friend, but we cannot turn the clock back and make that repeal retrospective.