Draft Pensions Appeal Tribunals (Late Appeal) (Amendment) Regulations 2022

Barry Gardiner Excerpts

Monday 9th January 2023 General Committees

[Dr Murrison]

It is worth pointing out that 24% of decisions made on the armed forces compensation scheme are in fact appealed—a significant number. Most of those come within the 12 months, so what we are talking about is what happens if people bring an appeal outside that time, between 12 and 24 months, and the answer is very few. If I give the hon. Lady a few figures, that will go some way to addressing the points that she made. From the data that I have, since 2019 Northern Ireland has received eight late appeals, of which seven were accepted and one was rejected by the president. Scotland has received four late appeals, of which two were accepted and two are still pending awaiting reasons for lateness from the appellant. In the past 12 months in England and Wales, there have been no late appeals. I hope that gives a sense of the extent of the matter that we are dealing with today.

In terms of breaking down by cause, illness or injury, I will reflect on the hon. Lady’s request. When we get down to these small numbers, there is a danger that we might start identifying the causes for people appealing, and it might be that that information is protected. Perhaps the hon. Lady will allow me to reflect on that, but if I can be helpful, I will be.

On the wider reforms to the armed forces compensation scheme, there is the quinquennial review that is currently under way. I expect that to report in the spring, and we will then have to make a decision on whether the scheme is fit for purpose or whether it needs to be changed.

The matter of nuclear test veterans and others is kept under review by the independent medical advisory group, whom I have met, and it examined the epidemiology of various conditions. So far, the data regarding nuclear test veterans gives us some cause for reassurance. That data is kept under constant review, given the passage of time, to make sure that individuals have not been disadvantaged because of their military service.

On the grounds for objection to an appeal by the Secretary of State, the truth is that the Secretary of State does not object. Even if he did, it could be overturned by a tribunal. That has been a consistent feature. I have asked officials whether we have any records of the Secretary of State objecting, but we could not find any. In terms of the criteria and why this is going to be helpful to people in Northern Ireland and Scotland, it introduces flexibility. At the moment, the only way to make a late appeal is on the grounds of a set of very defined circumstances. This removes that constraint and it is important to say that this is at the request of the presidents of tribunals in Northern Ireland and Scotland and the Lord Chancellor’s advisory group. This is something that they have identified as causing the playing field to not be as level as it should be and is therefore seen to be erasing a potential disadvantage that people living in Northern Ireland and Scotland making an appeal for a late application may fall under. The point of this is to erase that incongruity but, as I said in my opening remarks, the expectation is that the number of people who will be affected by this is very small, and I hope the figures that I have given serve to illustrate that.

[Barry Gardiner (Brent North) (Lab)]

Can the Minister clarify a point? When my hon. Friend the Member for Luton South was talking about the Secretary of State not objecting, she was referring to new regulation 3, under which it would be possible for the Secretary of State to object if a late appeal was made, but also possible for the pensions appeal tribunal to then overrule that, in effect, and make its own judgment. I just wanted clarification from the Minister, who was absolutely right in saying that the Secretary of State could not do that to date, but would be able to under the new regulations. Therefore, the clarification that my hon. Friend sought is still needed.

[Dr Murrison]

The Secretary of State could object, but he would have to state his grounds for objection. The reality is that he has not objected so far as we can determine and, in any event, even if he did, his objection could be overruled by the appeal process. I hope that makes it clear and that is not altered by this particular measure.

Going through the list of points that the hon. Member for Luton South made, I hope what I have said explains the position because it is the tribunals and the advisory group set up by the Lord Chancellor that has called for this—the advisory group set up to ensure that there is congruity between the arrangements in Scotland and Northern Ireland and the arrangements in England and Wales. This has been driven by those two sets of authorities, so the answer is that they would be commenting on a measure that they themselves have decided to push for. I hope that is helpful.

I think the hon. Lady’s point about consultation was reasonable, but there has to be some proportionality in this and, given that there really is no conceivable objection to this from a user point of view, it is difficult to see anything in this that could possibly disadvantage any set of veterans. I will be quite clear with the hon. Lady: our consultation has not exactly been extensive on this matter. I hope that is helpful. I cannot possibly see how any of the service charities, Cobseo or any group of veterans could object to the playing field being levelled in the way that has been described, particularly since this has been driven by the presidents of the tribunals and the Lord Chancellor’s advisory group. If there was any suggestion that anyone was going to be relatively disadvantaged, we would have to have done, as the hon. Lady said, a piece of work around wider public consultation, but, on the grounds of proportionality, that would be unnecessary in this particular case.

The hon. Lady asked about an impact assessment. I hope she is reassured by the numbers. They really are tiny and it is not entirely clear that these changes would affect those numbers in any way historically. This has been identified by the presidents of the tribunals and by the advisory group set up by the Lord Chancellor to address what appears to me to be a theoretical disadvantage that residents of Scotland and Northern Ireland may face. It is for that reason that this measure has been introduced. I hope that is helpful.

Question put and agreed to.

Counter-ISIL Coalition Strategy

Barry Gardiner Excerpts

Monday 20th July 2015 Commons Chamber

[Michael Fallon]

I do not accept that. If we are to come to this House to debate the matter and seek permission to carry out UK military strikes in Syria, of course we will provide all the information we can for hon. Members. What I have been describing today is the long-standing practice of placing embeds in the forces of other countries.

[Barry Gardiner (Brent North) (Lab)]

On the five occasions when the deployment of embedded UK personnel was approved, which Minister or Ministers, including the Prime Minister, were aware and gave such approval? What is the point of requiring ministerial approval if it is always granted even when Parliament has expressed its overwhelming view that such deployment should not take place, and is it not the case that the Government always disagreed with Parliament’s view and were happy to see it circumvented in this way?

[Michael Fallon]

I do not accept any of that, but let me try and help the hon. Gentleman with information on the approval process. My predecessor gave approval for embeds with American forces to participate when they were due to be deployed. That was given last summer, just before I took office. I gave a similar approval in the autumn of last year, and I gave a subsequent approval when the Canadian forces were deployed earlier this spring.

Afghanistan

Barry Gardiner Excerpts

Thursday 27th November 2014 Commons Chamber

[Michael Fallon]

I thank my right hon. Friend. Few Members of this House have as much experience as he gained in his time as Minister with responsibility for this area, and he probably knows better than any other Member of this House just how deeply this attack will be felt in the FCO family. There are going to be attacks like this. The terrorist threat—the insurgency—has not been fully defeated, and I know the Government there and their armed forces expect that and are ready to take that on.

My right hon. Friend is also right to focus on the future economic development of Afghanistan. While I am pleased that other NATO countries have now fulfilled the commitment they made to the Resolute Support mission and that finally, the numbers of troops we need from the different participating countries have been pledged, it is equally important that other countries now rally behind the London conference and make the same kind of commitment to Afghanistan’s longer term economic development. We have a Government of national unity in place there now—a Government whom I believe have a better prospect of delivering the kind of economic reform that is well placed to tackle corruption, but they are going to need the help of the international community, and I grateful to my right hon. Friend for continuing to underline that.

[Barry Gardiner (Brent North) (Lab)]

I welcome the Secretary of State’s statement. He will know that the UN Office on Drugs and Crime has said there is a 7% increase in the number of hectares under poppy cultivation this year, and a 17% increase in opium production. What measures will be taken and what money will be allocated at the London conference specifically for farmers to move from the production of poppies and opium to other crops, and what money will be made available to them to make up the shortfall in their income resulting from losing that high-value crop?

[Michael Fallon]

If I may, I will write to the hon. Gentleman on the details of the subsidy that is made available to farmers. We should be frank about this, however, and he is right to draw attention to the challenge posed by the poppy crop. It has increased—let us make no bones about that—and it presents a threat not just to the future of Afghanistan but to the west as well, where these drugs eventually get through. So it is a challenge that the new Government have to surmount, and in doing so they are going to need all the assistance and expertise that other countries can offer.

Oral Answers to Questions

Barry Gardiner Excerpts

Monday 24th November 2014 Commons Chamber

[Mr Dunne]

The contract signed last week in Edinburgh is a major step forward in developing radar capability for the Eurofighter Typhoon. It will increase operational effectiveness by simultaneously tracking air and ground targets at range. It also represents a significant investment in the UK defence industry, sustaining jobs in BAE Systems in Lancashire and in the whole radar supply chain, including some 500 jobs in Scotland, half of which are for highly skilled engineers, which would not have happened in the same way had Scotland voted to leave the United Kingdom.

[Barry Gardiner (Brent North) (Lab)]

The construction costs for the second aircraft carrier have been identified within the MOD equipment budget. However, Government Front Benchers have been reluctant to identify the operational costs. As well as having a second carrier, would it not be a good idea to be able to put it into operation? Will they take this opportunity to clarify the position?

[Mr Dunne]

I am pleased that the hon. Gentleman has given me the opportunity to explain once again to the House that it is this Government who have decided to make both carriers operational, unlike the previous Government, who were going to leave the second one tied up. The Ministry of Defence is now conducting a detailed analysis to develop how best to utilise the capability, including man power and aircraft numbers, which will become clear as part of the strategic defence and security review 2015.

Future Reserves 2020

Barry Gardiner Excerpts

Thursday 8th November 2012 Commons Chamber

[Barry Gardiner (Brent North) (Lab)]

Given that defence procurement is exempt from the normal rules of preferential treatment, will the Secretary of State expand on why he said he thought it would be illegal to give such preferential treatment to firms kitemarked under the scheme for employing reservists?

[Mr Hammond]

I specifically said that that was where the procurement is not exempt from European Union procurement rules. Not all defence procurement is exempt; only the procurement of warlike supplies is exempt. Some of the strongest and most effective corporate supporters of the reserve service are the big defence contractors. I therefore think the hon. Gentleman is looking to pursue a contractual solution to a problem that does not exist, because they are already among the best in this regard.

Oral Answers to Questions

Barry Gardiner Excerpts

Monday 5th July 2010 Commons Chamber

[Peter Luff]

I congratulate my hon. Friend on his vigorous defence of his constituents. I agree that the matter is important, and I should like to discuss it with him further.

[Barry Gardiner (Brent North) (Lab)]

When personnel tragically lose their lives on active service, is there a time limit by which their families must vacate service accommodation? If so, what is the time limit, and what assistance are those families given to find alternative accommodation?

[Mr Robathan]

I should make it clear that I was not warned of the hon. Gentleman’s question, but I understand that there is no such time limit. However, it is obviously in the interests of families—apart from any other considerations—to move out of service accommodation at some stage. We are examining all these issues because we are convinced of the need to support, especially, the families of brave young men cut down in their prime, and also those who have been injured. I assure the hon. Gentleman that we will provide that support.