§ Mr. Ashleyasked the Secretary of State for Defence if he will seek to repeal section 10 of the Crown Proceedings Act 1947, or make it his practice to pay generous discretionary ex gratia payments to service men injured in duties other than military action where there is a possibility that negligence on the part of others was a factor.
§ Mr. WigginNo. The operations and training of the armed forces could not be conducted on the basis that service personnel could sue other service personnel or the Crown for alleged negligence during the course of these activities. It is not possible to define a reasonable dividing line between military action and other activities and no satisfactory basis for treating some service personnel, who are injured on duty and have to leave the service, more generously than others, on the basis of possible negligence by the Crown or other personnel.
§ Mr. Ashleyasked the Secretary of State for Defence how many service men have been injured and permanently disabled in each of the past five years in the course of duties other than military action; and if any discretionary ex gratia grants were made to any of them.
§ Mr. WigginIn the past five years the number of service personnel who have received serious injuries attributable to service and have been awarded 100 per cent. disability pensions on leaving the service is as follows:
Numbers 1978 8 1979 8 1980 10 1981 15 1982 10 No discretionary ex gratia payments have been made.
§ Mr. Ashleyasked the Secretary of State for Defence why service men are not able to sue for negligence in the course of their duties, apart from during military action, in the same way as other public servants.
§ Mr. WigginThe role of the armed forces is unique in both operational and training terms and this is recognised by the provisions of section 10 of the Crown Proceedings Act 1947.