HL Deb 14 July 1995 vol 565 cc49-52WA
Lord Swinfen

asked Her Majesty's Government:

What is the average length of time between a serious accident occurring to a member of the Armed Forces during training and a Board of Inquiry being held; and whether they have any plans to accelerate the process.

The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Henley)

The decision to convene a Board of Inquiry is a matter for the chain of command as laid down in the appropriate Queen's Regulations for each Service. There are no plans to change these procedures. Information on the average length of time between a serious accident occurring and the convening of a Board of Inquiry could only be provided at disproportionate cost.

Lord Swinfen

asked Her Majesty's Government:

What is the average length of time between a fatal accident to a member of the Armed Forces occurring during training and an inquest into the death.

Lord Henley

The decision to hold an inquest is a matter for Her Majesty's Coroner, over whom my department has no control. Information of the nature requested could only be provided at disproportionate cost.

Lord Swinfen

asked Her Majesty's Government:

What is average time between a serious accident occurring during training a member of the Armed Forces and payment of compensation to the Serviceman or his dependants.

Lord Henley

Service personnel have the same compensation rights against their employer as have civilians. As in civilian life, accidents at work would not necessarily generate a payment of compensation. The time between making a claim (which may be up to three years after the accident) and payment of any compensation varies from a few months in the simplest cases to several years in others. Where the seriousness of the injury precludes early settlement (because for example of continuing medical treatment) an interim payment may be made if liability is not in dispute. There is no evidence to suggest that my department is any slower to pay compensation than is the case with claims against employers in civil life.

Lord Swinfen

asked Her Majesty's Government:

What standard procedures are in place to inform relatives of Servicemen seriously injured in accidents of the circumstances surrounding the accident.

Lord Henley

It is my department's policy to inform the next of kin of members of the Armed Forces who are killed or injured in the course of their duty as quickly and as fully as possible of the undisputed facts. Since December 1992, in recognition of the special position of next of kin, Service board of inquiry reports have been made available to the next of kin of deceased Service personnel, or to the individual in cases of serious permanent injury should they so request, subject only to the essential minimum of security requirements.

Lord Swinfen

asked Her Majesty's Government:

What advice is usually given to Servicemen who suffer serious accidents in training on the availability of compensation (a) whilst still serving and (b) after discharge from the Services.

Lord Henley

The procedure by which present or former Servicemen and women may claim compensation from my department for personal injury is set out in a Defence Council Instruction published each year. It recommends that prospective claimants approach the Royal British Legion initially as the organisation best placed to liaise with my department on such claims.

Lord Swinfen

asked Her Majesty's Government:

Why a complete copy of a Board of Inquiry Report is only made available to the plaintiff's solicitor in cases of a fatality and not in all cases of serious accidents during training in the Armed Forces.

Lord Henley

Service board of inquiry reports are internal documents relating to inquiries held in private. These documents are, however, potentially disclosable to a court to assist the legal process in any legal case to which they are relevant. Additionally, since December 1992, in recognition of the special position of next of kin, these reports have been made available to the nominated next of kin of deceased Service personnel, or to the individual in cases of serious permanent injury, should they so request, subject only to the essential minimum of security requirements.

Lord Swinfen

asked Her Majesty's Government:

What resettlement training is available to Servicemen disabled in accidents during training in the Armed Forces.

Lord Henley

As a concession, all ranks who are discharged on medical grounds and who have served one year's reckonable service are eligible for the full range of resettlement provision. This includes a comprehensive range of briefings, plus four weeks pre-release training covering a wide variety of subjects. Courses are provided in-house at the main resettlement centres at Aldershot or Catterick, externally through commercial providers, or sponsored with eligibility for a grant through educational and training institutions throughout the UK. Service leavers may also undertake familiarisation attachments or spend time with companies to gain work experience or on the job training.

Lord Swinfen

asked Her Majesty's Government:

How many claims have been made against the Ministry of Defence by Servicemen as a result of discharges from firearms since 1987.

Lord Henley

At present, 53 compensation claims have been identified for injury resulting from the negligent discharge of weapons.