§ Mr. HunterTo ask the Secretary of State for Defence (1) what is his policy with regard to immunity exemption from liability in respect of any injury suffered by a member of the armed forces while on duty or on land or premises being used for the purposes of the Crown;
(2) when he last made use of powers given to him by section 10 of the Crown Proceedings Act 1947.
§ Mr. NeubertSince the repeal of section 10 of the Crown Proceedings Act 1947 on 15 May 1987, it has been open to a member of the armed forces or his-her dependants to pursue a claim for damages in respect of injury, illness or death arising from incidents on or after 15 May 1987 which are believed to have been caused by the negligence of other members of the armed forces whilst on duty, or of the Ministry of Defence or the Crown. Claims in respect of death, injury or illness suffered before 15 May770W 1987 remain barred by section 10 and the Secretary of State has no discretion to waive these provisions. Exceptionally, however, valid claims arising in respect of incidents between the date of announcement on 8 December 1986 of the intention to repeal section 10 and the actual date of repeal, are considered on an ex-gratia basis.