HC Deb 24 May 1995 vol 260 cc626-7W
Dr. David Clark

To ask the Secretary of State for Defence what forms of assistance and advice are made available to members of the armed forces who have been injured as a result of the negligent discharge of weapons. [25786]

Mr. Soames

All personnel who are injured while serving in Her Majesty's forces are given appropriate treatment by the armed forces medical service, including psychiatric help if necessary. Comprehensive assistance is given to all those disabled however the injury is sustained. Assistance includes intreatment, rehabilitation, and, wherever necessary, retraining and resettlement into civilian life.

Where death or injury is attributable to service, benefits may be paid from both the Department of Social Security's war pensions scheme and from my Department's armed forces pension scheme. The definition of attributability is widely drawn; accidental death or injury in training or on duty is normally accepted as attributable to service.

Following the passing of the Crown Proceedings (Armed Forces) Act 1987 serving and former service personnel have had the same rights as those in civilian life and are able to make a claim in common law against my Department for compensation for personal accident or injury through negligence.

The procedure for anyone contemplating a claim for compensation is set out in a Defence Council instruction published each year which specifically recommends that prospective claimants approach the Royal British Legion initially as the organisation best placed to liaise with my Department's claims department.