HL Deb 03 February 1988 vol 492 c1071

2.40 p.m.

The Earl of Kimberley

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

The Question was as follows:

To ask Her Majesty's Government what the situation is with regard to compensation for the horrific injuries sustained by Major J. T. D. McCarthy-Morrogh and Lance-Corporal Johnston (J), Royal Irish Rangers, in the accident in Berlin on the night of May 16th 1983, bearing in mind that the French tank crew were found negligent by the judge.

The Minister of State for Defence Procurement (Lord Trefgarne)

My Lords, as my noble friend knows, there has been some welcome progress in this case recently. We greatly look forward to an early and satisfactory settlement.

The Earl of Kimberley

My Lords, I thank my noble friend very much for that Answer, which is much more satisfactory than it might have been a fortnight ago. Would it be possible for him to elaborate just a little more?

Lord Trefgarne

My Lords, I believe my noble friend is aware of the progress to which I referred. There has been a development with regard to the Appeal Court in France, which has indicated that liability does indeed lie with the French personnel involved. That being so, I can only hope now for a satisfactory outcome, as I said in the original Answer.

Lord Irving of Dartford

My Lords, is the noble Lord aware that we are very grateful to the noble Earl for bringing the details of this horrendous case to the attention of the House and that we share his concern about the long delay? Is he also aware that the whole House would wish to see a satisfactory settlement to what has been a very sad and very long-lasting case?

Lord Trefgarne

My Lords, I entirely agree that it has been a long and sad case. That is why it has attracted so much ministerial attention. Indeed, it was rather more than two years ago that my right honourable friend the then Minister of Foreign Affairs and I called the French ambassador to discuss the matter. Since then, it has been taken forward with ministerial support.

The Earl of Cork and Orrery

My Lords, can my noble friend report on any explanations given by the French authorities concerning the intolerable delay?

Lord Trefgarne

My Lords, the delay to which my noble friend refers has been the result of the workings of the French legal system. Our own legal system is sometimes not above criticism as regards the time which is taken to reach conclusions. Therefore, I am not sure that it would be entirely appropriate for me to criticise another country's legal system.