§ Baroness Park of Monmouthasked Her Majesty's Government:
Whether the War Pensions Agency has referred some Gulf War veterans for whom medical reports are required to doctors who are also acting as expert witnesses for the Treasury Solicitor; and, if so, whether this breaches the principle of independent assessment; and [HL1746]
Whether the War Pensions Agency has refused to accept the diagnosis of such experts as Group Captain Coker and Colonel Bhatt when they have declared Gulf War Syndrome to be present in an applicant for a war pension; and what measures they are taking to increase the number of independent experts. [HL1747]
§ The Parliamentary Under-Secretary of State, Department of Social Security (Baroness Hollis of Heigham)One of the key aims is that delivery of service should be simpler and more efficient. Queries on operational matters concerning the War Pensions Agency are for its Acting Chief Executive, Mr. Steve Johnson. I have asked him to write to the noble Baroness.
Letter to Baroness Park of Monmouth from the Acting Chief Executive of the War Pensions Agency, Mr. Steve Johnson, dated 13 May 1998.
The Parliamentary Under-Secretary of State for Social Security has asked me to reply to your recent parliamentary Questions about ex-servicemen who served in the Gulf conflict.
You have asked about the referral of some Gulf War veterans for medical reports to doctors who are also acting as expert witnesses for the Treasury Solicitor.
Some 10,000 medical reports from consultants are requested yearly to provide evidence for war pension determination. Where the case is particularly complex or there is a conflict of medical opinion, reports are 134WA commissioned from regional consultants who have particular experience and expertise in their field. When a case is referred to a consultant or regional consultant a report based on impartial medical opinion, taking into account the documented evidence, is clearly requested. A fee is paid for each consultant or regional consultant report but there is no retainer or appointment fee.
Other government departments, including Her Majesty's Treasury, may also on occasion obtain consultant opinion. No information is recorded by the War Pensions Agency, the Treasury or Ministry of Defence as to whether an individual consultant also provides opinions for other government departments, nor is such information shared between departments. Any connection a consultant may have with other departments is therefore coincidental.
It is possible that the same consultant may be asked to give an opinion on the same case by more than one department. It is then for the doctor to consider, as a matter of professional judgement, whether there is a conflict of interest. The consultant is free at any time to decline a request from the agency or indeed from anyone else to prepare a report. I hope this will reassure you that there is no breach of independent assessment.
You have also asked whether the War Pensions Agency has refused to accept the diagnosis of experts when Gulf War veterans apply for a war pension. I can assure you that neither Group Captain Coker nor Colonel Bhatt has ever made a diagnosis "Gulf War Syndrome" in a war pension case. This is because so far extensive international research has failed to identify a specific "Gulf War Syndrome".
It is however acknowledged that illness has occurred in relation to Gulf service. War pension is paid not for specific diagnoses but for any disablement which is causally related to service within the legislation relevant to the claim. Where a claim is accepted, all service related disablement is assessed and certified, forming the basis for the award. The success rate for Gulf-related claims is high, although, since certification in war pensions must reflect current medical understanding, the description "Gulf War Syndrome" is not used for the accepted condition.
As I have said, the War Pensions Agency currently obtains some 10,000 consultant reports per year for claims determination. For particularly complex cases, regional consultants who are appointed by the Chief Medical Adviser, Department of Social Security, on the basis of experience and expertise in their field, provide reports.
At present there are 412 regional consultants, representing the spectrum of medical specialities. The regional consultant list is routinely reviewed to take account of retiral or resignation. When this happens, replacement consultants are appointed as soon as possible. Beyond this, the present number and specialty range of regional consultants are such that there are no plans for increase in their number.
I hope you find my reply helpful.