Nuclear Test Veterans

Lord Stunell Excerpts

Tuesday 29th October 2013 Westminster Hall

[Mr Baron]

Having served myself, I sympathise with what the hon. Gentleman says and I understand the campaigns that he mentions. This is one of the key points that we wish to make about the benevolent fund: if we look at other countries—I shall come on to this very briefly—and compare how they treat their test veterans, we rank very near the bottom. However, I suggest to the Minister—this is where there has been confusion in the MOD before—that the payment should be ex gratia; in other words, there would be no admission of liability. There has been some confusion within the MOD that the BNTVA, as an organisation, has been involved in litigation through the courts, when that has not been the case. If we look at other countries that have made ex gratia payments, we see that the case being made very much stacks up. There would be no admission of guilt or liability, but it would put right an injustice.

It is important to reinforce that point. The campaign organised by the BNTVA, other hon. Members and I has been very much focused on Parliament and not on taking this issue through the courts. Perhaps I should also add that the BNTVA has put in a submission to the medal review led by Sir John Holmes, and it is waiting for the outcome of Sir John’s deliberations. However, that is separate from the campaign that we are discussing today.

I return to both interventions, in a way, and to the point about how other countries treat their test veterans. It is clear, when looking at the comparisons, that we rank towards the bottom of what I would call the international table of decency. Let us take the US for example. Our campaign is about recognition, and all that people have to prove for compensation there is that they were present at a nuclear test—one is sufficient—and there they have a list of more than 100 illnesses. They do not have to provide a causal link between the two. Providing that someone can prove those two things, they will automatically get compensation—£47,000 for the first illness and £47,000 for any secondary attributable illness as a bonus. No causal link between service and illness is required; payment is simply automatic. That is in addition to the fact that veterans in the US have access to free health care.

Commonwealth countries played a great part in our nuclear tests. Canadians were there in large numbers, and Canada pays some £15,000 to each veteran, in addition to war pensions, and enjoys a health care system like the NHS—free at the point of use. Closer to home, the Isle of Man, which has been supportive of our campaign, makes an ex gratia payment of £8,000 to any resident test veteran, and 17 such payments have been made to date.

I stress that our proposals are different from the comparisons that I have just listed, because the £25 million would be distributed on the basis of need, not entitlement. That is why it is important to stress the ex gratia nature of the payment. There is no admission of liability; no admission of guilt. The benevolent fund would be there to help veterans and their descendants who need help with their care and treatment. The fact that someone is a veteran does not necessarily mean that they would gain access to the fund in question.

I urge the Minister, when considering the proposals, to look further afield again. I remind her that in the 1990s this country made an ex gratia payment to Australia that just so happened to be for the exact sum of £25 million, and that payment was made in compensation for having undertaken tests in Australia. It was the equivalent sum of money, and if it is good enough for Australia, I do not see why it is not good enough for our own test veterans. I remind the Minister that Australia already offers a generous pension to its test veterans.

[Sir Andrew Stunell (Hazel Grove) (LD)]

I very much appreciate the work that my hon. Friend has put into this. Does he agree that the test veterans, by far and away, will be better supported by the £25 million fund that he has talked about than the Australian Government? In other words, their need is greater than that Government’s ever was. Does he also agree that, with ex gratia payments, far less administrative time, effort and money would have to be put in by the Ministry of Defence and other state bodies in disbursing that money than if compensation was based on a careful assessment of all the criteria implied by a strict compensation scheme?

[Mr Baron]

I agree completely. The benevolent fund would be administered by a board of trustees; it would be an established charity. It would be up to them to distribute the funds, as I said, on the basis of need, not entitlement, and the payments would be ex gratia. Therefore, there would be no admission of liability or guilt.

Perhaps we need to focus on progress with the Government to date, during the second phase of the campaign, which was launched only on 11 June here in Parliament. We also had a superb art exhibition on the theme of the veterans’ experiences during the tests. Some of the pieces were created by the descendants themselves. Progress since 11 June has been somewhat slow. I had a meeting with my right hon. Friend the Minister of State, who was then responsible for veterans. I had a brief meeting with my right hon. Friend the Prime Minister. I wrote to the Prime Minister. I have now received a response, and there are warm words about the role of the nuclear test veterans, but there is no sympathy for the idea of a benevolent fund at all.

What the Prime Minister did mention was the war pensions scheme, and no doubt the Minister will address at length the generosity of that scheme when it comes to our veterans generally, but many test veterans—I must say this to her—have found the system not sympathetic to their cause. War pensions are fine on paper, but time and again, veterans find that the system is stacked against them. A recent questionnaire of BNTVA members revealed that 90% had seen their application for a war pension declined. For one thing, with claims made seven years after leaving service, the burden of proof is on the claimant to show that the illness or injury was caused by service; for another, the system is time consuming and complicated for these elderly veterans, even when successful. The perception is that they are still having to take on the system. As if to illustrate the point, a British lady received payment from the US for the role that her British husband played, while flying for the RAF, during one of the American nuclear tests. She had been repeatedly refused a war widow’s pension in this country, but managed to get a payment from the US authorities.

The Government, including the Minister, should be in no doubt that we will not walk away from this campaign. On 27 November, veterans and their descendants will march on Parliament to draw attention to the cause. We are determined to see this through. In welcoming the Minister to her new post, may I urge her to reconsider our campaign? After all, the Government have a very good record of recognising just causes and righting past wrongs—mesothelioma and thalidomide victims are just two examples. The nuclear test veterans fit into both categories. I suggest that we do owe our veterans a debt of gratitude for helping to ensure our safety. Many people would argue that they were instrumental in helping us to win the cold war.