HL Deb 20 July 1971 vol 322 cc839-41

2.40 p.m.

THE EARL OF ALBEMARLE

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

[The Question was as follows:

To ask Her Majesty's Government what statutory or other compensation is assured to the dependants of a soldier in uniform who is killed on duty by offensive action.]

THE MINISTER OF STATE, DEPARTMENT OF HEALTH AND SOCIAL SECURITY (LORD ABERDARE)

My Lords, war pensions and allowances for the widows and children of servicemen killed on duty are paid by the Department of Health and Social Security under the war pensions scheme, at rates which are higher than those provided under the general social security arrangements. In addition, a gratuity or pension related to service may be payable by the Ministry of Defence under the Forces occupational pensions schemes.

THE EARL OF ALBEMARLE

My Lords, I thank my noble friend for his Answer.

LORD BLYTON

My Lords, does not the Minister think that in the context of Northern Ireland politics our soldiers ought to have common law damages instead of compensation under the War Pensions Act?

LORD ABERDARE

My Lords, I am grateful to the noble Lord, Lord Blyton. As he may know, there is the Criminal Injury to Persons Compensation Act (Northern Ireland) 1968, which entitles people injured in Northern Ireland as a result of unlawful activity to claim compensation from the Government of Northern Ireland through the county courts. Servicemen and their dependants can claim under the Act in the same way as private citizens, and they are notified by the Army authorities of their rights.

LORD SHEPHERD

My Lords, can the noble Lord help the House a little further on this matter? Can he say whether the bereaved families of soldiers who have died in the course of action in Northern Ireland will be given legal assistance and all that is necessary for such proceedings to be taken in court?

LORD ABERDARE

My Lords, I cannot answer the noble Lord's question straight away, but I shall certainly look into it and let him know.

LORD SHEPHERD

My Lords, I think that this is something of which the House would like to be aware, and if the noble Lord will look into this question and let me know, perhaps I may arrange for a Question to be put down on the Order Paper.

LORD DAVIES OF LEEK

My Lords, can the noble Lord say whether it is possible for the British Legion to be informed of this procedure under the Act? In the transitional period the British Legion may be prepared to help families in this situation.

LORD ABERDARE

My Lords, I am grateful to the noble Lord, Lord Davies of Leek. I am sure that the Royal British Legion (if I may correct the noble Lord's terminology) is well aware of this, and we are in the closest touch with them.

LORD SANDYS

My Lords, can my noble friend inform us whether these arrangements apply to the police force, whether in or out of uniform, as well as to the Army?

LORD ABERDARE

My Lords, the majority of the police in Northern Ireland are members of the Royal Ulster Constabulary, and this is a matter for the Northern Ireland Government.