§ Mr. Oakesasked the Secretary of State for Social Services what changes in procedure he proposes in cases before the Industrial Injuries Commissioner; what negotiations he has held with trade unions about such changes; and if he will make a statement.
§ Mr. EnnalsFirst, to give the Commissioner discretion on whether or not to hold an oral hearing where he has to determine an application for leave to appeal on a point of law from the decision of a medical appeal tribunal, or such an appeal (where the medical appeal tribunal or the Commissioner have already granted leave to appeal to the Commissioner), or where the medical appeal tribunal specifically refers to the Commissioner a point of law for his decision.
Secondly, to give the Commissioner the right to proceed to determine any point of law stated in an application for leave to appeal as though it were a point of law arising on an appeal and as though the application were an appeal, pro-
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Oral hearings Year No. of appeals heard by Commissioner Number Claimant attended alone Claimant accompanied by T.U. representative or legal adviser T. U. representative or legal adviser attended without claimant 1966 … … … 49 32 10 9 10 1967 … … … 72 49 15 15 15 1968 … … … 57 28 9 6 10 vided that consent of the Secretary of State for Social Services and of the claimant or of the association representing the claimant has been given.
Thirdly, to empower the Commissioner when dealing with an application for leave to appeal or an appeal from a decision of a medical appeal tribunal, to withhold from a claimant medical advice or medical information which may be harmful to his health but not to preclude him from taking that information into account in reaching his decision.
These proposed changes have been approved by the Council on Tribunals and the Industrial Injuries Advisory Council, on both of which the Trades Unions Congress is represented. There has also been correspondence with the Transport and General Workers' Union.
The National Insurance (Industrial Injuries) (Determination of Claims and Questions) Amendment Regulations 1969, which give effect to these changes, were made today.
§ Mr. Oakesasked the Secretary of State for Social Services how many appeals were made to the Industrial Injuries Commissioner from decisions of medical tribunals in industrial injuries cases in each of the last three years; on how many such cases the claimant appeared in person; and in how many such cases a trade union or legal adviser represented the claimant.
§ Mr. EnnalsIn the years 1966, 1967 and 1968 63, 70 and 52 appeals respectively were made to the Commissioner from decisions of medical appeal tribunals on a point of law. In relation to the appeals heard by the Commissioner in those years, the information is as follows: