HC Deb 03 March 1983 vol 38 cc230-1W
Mr. Ashley

asked the Secretary of State for Social Services if he will ascertain which vaccine damage tribunals have failed to give adequate reasons for their decisions; and, in view of the decision of Mr. Justice Stephen Brown, if he will ensure that all persons who have received a decision from such a tribunal without adequate reasons given are made aware of the judgment of Mr. Justice Stephen Brown and of their right to seek a fresh hearing.

Mr. Rossi

There have been three cases where a decision by a vaccine damage tribunal has been set aside as a result of a judicial review on the ground that the reasons given by the tribunal for its decision were inadequate. Of the three decisions, two were by the London tribunal and one by the Cardiff tribunal. I do not think the situation justifies my introducing the special procedure suggested by the right hon. Member.

Mr. Ashley

asked the Secretary of State for Social Services, following the ruling by Mr. Justice Stephen Brown that the failure by a vaccine damage tribunal to give adequate reasons for its decision was a denial of natural justice and his order that the case should be reheard by a freshly constituted tribunal, if he will introduce legislation to ensure that tribunals give adequate reasons for their decisions.

Mr. Rossi

I am satisfied with the present legislation which requires vaccine damage tribunals to give reasons for their decision. However, I understand that the chairmen of the tribunals are being made aware of the ruling of Mr. Justice Stephen Brown and I will keep the need for further legislation under review.