HL Deb 25 November 1997 vol 583 cc859-61

2.45 p.m.

Lord Molloy asked Her Majesty's Government:

What action they will take in support of war veterans who in later life develop disabilities as a result of injuries suffered whilst on active service.

The Parliamentary Under-Secretary of State, Department of Social Security (Baroness Hollis of Heigham)

My Lords, under the generous provisions of the War Pensions Scheme, awards may be made at any time after the termination of service in respect of any disablement due to service in the Armed Forces. Where a claim is made more than seven years after the termination of service, the claimant is given the benefit of any reasonable doubt as to whether the disablement is due to service.

Lord Molloy

My Lords, I am grateful to my noble friend for her reply, which is partially welcome. It is proving extremely costly to the Royal British Legion in terms of consultation and representation fees when these cases have to come to court. Many ex-servicemen would not be receiving pensions if it were not for the Royal British Legion. I am sure that all Members of the House applaud the endeavours of the Royal British Legion.

Noble Lords

Hear, hear!

Lord Molloy

My Lords, if my noble friend were able to make a financial contribution, we should be most grateful.

Baroness Hollis of Heigham

My Lords, I am not sure if I am being asked to make a personal contribution or a government one. I am not sure that I can afford a personal contribution; and I am not sure whether I should be allowed to offer a government one.

I do not think anyone would dissent from the comments of my noble friend. Not only are war pensioners greatly indebted, but the country as a whole is greatly indebted, to the work of the Royal British Legion and the Royal British Legion (Scotland) on behalf of people who, through illness or injury, are often unable to be their own best advocates.

The Countess of Mar

My Lords, is it not the case that the Royal British Legion is having to fight for veterans of various wars, mainly because medical and service records are missing? Can the Minister say whether Her Majesty's Government have learnt the lessons of the Gulf War and previous wars with regard to medical records and whether they will ensure that in future all medical records relating to servicemen are retained until their death?

Baroness Hollis of Heigham

My Lords, the noble Countess has correctly raised the serious question of records with defence Ministers because it is a matter for them. The lack of adequate records and therefore of adequate evidence has often hampered the MoD in dealing not only with Gulf veterans but with other cases as well. That is why on 14th July my ministerial colleagues, led by Dr. John Reid in another place, announced a package of measures relating to Gulf veterans, among which the quality of record-keeping was a matter of highest priority.

Lord Campbell of Alloway

My Lords, was there not at some time a six-year rule relating to the destruction of records? If so, has that been abrogated?

Baroness Hollis of Heigham

My Lords, I am not aware of that rule. If I can provide any information on that matter to the noble Lord, I shall certainly write to him.

Lord Burnham

My Lords, in view of the demise of the service hospitals, what action has been taken by Her Majesty's Government to maintain the priority of treatment for war pensioners which was promised by statute and which has been maintained by successive governments since World War I?

Baroness Hollis of Heigham

My Lords, the noble Lord is right to say that, all things being equal, war service pensioners have priority of treatment within NHS hospitals as a result of the negotiations in 1948. That agreement is respected and observed and NHS hospitals were reminded by circular recently that they are expected to respect it.

The Earl of Carlisle

My Lords, is the noble Baroness aware that when a serviceman or servicewoman leaves the service he or she must have a medical test? Those tests are often of a very perfunctory nature. Will she make representations to her opposite number in the Ministry of Defence to review the system so that full medical inspections are carried out when the serviceman or servicewoman leaves the service?

Baroness Hollis of Heigham

My Lords, I shall discuss this issue with my colleagues in the MoD. If the situation is as presented by the noble Lord, we shall try to see that the matter is properly reviewed.

Lord Molloy

My Lords, I thank my noble friend for her comments and am grateful to her for her consideration. Will she consider having discussions with the Royal British Legion? That is the organisation which best knows the ins and outs of the difficult cases that it is trying to help. My noble friend would be made extremely welcome because we feel that she sympathises with us.

Baroness Hollis of Heigham

My Lords, it will come as no surprise to my noble friend Lord Molloy that I see the Royal British Legion, the Royal British Legion (Scotland) and the other ex-service organisations on a regular and frequent basis. I suspect that I have had at least two or three meetings since the summer with RBL, both of a formal and informal nature. My predecessor, the noble Lord, Lord Mackay of Ardbrecknish, would be the first to say that the RBL is not backward in coming forward when there are issues affecting the service community that it feels should be drawn to a Minister's attention.