HC Deb 30 July 1946 vol 426 cc171-2W
Mr. Mitchison

asked the Minister of Pensions whether such provision will be made for the costs of appeals to the Arbitration Tribunal as is now made by the Pensions Appeal Tribunals (England and Wales) Rules, 1943, Rule 26, for the costs of appeals to the High Court.

Mr. Wilfred Paling

The costs of appeals to the Arbitration Tribunal will be met in the same way as is laid down for appeals to the statutory tribunals in Rules 27 and 29 of the Provisional Pensions Appeal Tribunals (England and Wales) Rules, 1946, dated 18th July, 1946, which were laid before Parliament on 23rd July, 1946.

Mr. Nutting

asked the Minister of Pensions what are the reasons for adhering to the terms of the Pensions Appeal Tribunal Act, 1943; and whether he will consider introducing legislation to amend this Act in such a way as to give himself powers, in appropriate cases, to investigate and modify the findings of Appeal Tribunals.

Mr. Paling

The Pensions Appeal Tribunals Act, 1943, provides forinter alia, the bringing of appeals against the rejection by me of claims to war pensions, and it would not be right for me to disregard the requirements of the Act or to suggest its amendment to give me power to overrule the findings of the independent tribunals set up to hear appeals against my own decisions. The hon. Member may, however, have in mind the situation which has arisen as a result of recent judgments in the High Court in England and the Court of Session in Scotland. Special arrangements have been made to deal with this situation, as I explained in the answer I gave to the hon. and gallant Member for West Edinburgh (Lieut-Commander Clark Hutchison) on 25th July, 1946, a copy of which I am sending to the hon. Member.