HC Deb 31 January 2002 vol 379 cc496-7W
Mr. Hancock

To ask the Secretary of State for Defence whether widows of those who have died from asbestos-related diseases will be allowed to claim relating to pre-1987 matters; how many claims he expects to be submitted; and if he will make a statement [31144]

Dr. Moonie

Claims from widows of former service men whose husbands died after being exposed to asbestos before 15 May 1987 would be barred from pursuing a claim by section 10 of the Crown Proceedings Act 1947. This legal restriction does not apply to widows of former civilian employees of the Department.

The legal standing of section 10 of the Crown Proceedings Act 1947 has been challenged in the High Court in the case of Matthew v. Ministry of Defence on the basis that section 10 is incompatible with the European convention on human rights. Judgment was handed down on 22 January 2002 in favour of the claimant, but the matter will now proceed to the Court of Appeal. Until such time as a higher authority has ruled upon the case, the Department's position concerning the settlement of claims predating the repeal on 15 May 1987 of section 10 of the Crown Proceedings Act 1947 remains unchanged. The Ministry of Defence is not able to predict how many claims may be submitted if a court of higher authority rules against the Department.

A war pension and associated benefits is however available for the widows of former service men whose death was attributable to their service. Such pensions are administered by the War Pensions Agency.