Pensions Appeal Tribunals Act 1943 (Time Limit for Appeals) (Amendment) Regulations 2011

Lord Boyce Excerpts

Wednesday 27th April 2011 Grand Committee

[Lord Addington]

I am sorry to delay the Committee but I wish to say only a couple of things. This scheme—as the previous Government brought it in, I think we can pass on our congratulations to them—seems to be an improvement on what went before it, and it certainly seems to be much more fit for purpose than what it replaced. When you are dealing with the Armed Forces and anyone who has been injured, there is always a part of you that wants to say, “Give them more”. However, I appreciate that there are limits.

The noble Lord, Lord Grantchester, has already touched on the specifics of the ongoing process of reviewing the scheme. Is there an inbuilt structure which means that we will constantly keep an eye on it as changes take place? If there is, I think that many people will be reassured. We will never get it right for all time with changes in medical technology, survival rates and so on, but if we were to have a look at the thinking here, that would help those of us who take an interest in this matter.

Perhaps we could also have a little more information on the body that has been set up. Knowing where it started from would be a help. As I said, the scheme may not be the most generous in the world but it seems to be a vast improvement on what preceded it and it provides a point from which to develop. An understanding of the logical basis and development of the process will help those outside and in the forces to have an idea of how they are viewed and how development will occur. That is something that we could usefully do today: we could put down a basis for future developments for as long as we will unfortunately need a scheme such as this.

[Lord Boyce]

I support the Motion to implement the two instruments, which very much fall within the recommendations from the AFCS review report. I think that some of the questions that noble Lords have asked were addressed in the report, and I am sure that the Minister will have adequate answers for them.

[Lord Astor of Hever]

My Lords, I start by thanking all noble Lords for their support for the regulations. As I said in my opening remarks, the previous Government should be commended for introducing the scheme, as well as for initiating a review of the AFCS.

I shall try to answer the questions asked by the noble Lord, Lord Grantchester. First, he asked how the scheme compares with other schemes in the UK and internationally. The noble and gallant Lord, Lord Boyce, and his independent scrutiny group undertook comparisons with other schemes and compensation arrangements, and acknowledged that some adverse comparisons had been made in the media. The guaranteed income payment of an award can be the most financially beneficial part of a compensation package. This tax repayment over a lifetime is worth many hundreds of thousands of pounds and is not capped, whereas other compensation schemes may be subject to limits.

The noble Lord’s last question related to Afghanistan and Iraq and to compensation payments.

The noble and gallant Lord, Lord Boyce, considered carefully whether improvements should be made available to those who were injured before the start of the scheme in April 2005. The conclusion was that the improvements should not be backdated before that date. Those injured due to service prior to 6 April 2005 qualify for compensation from the War Pensions Scheme. Although the War Pensions Scheme was first designed over 90 years ago, it still provides valuable benefits for those who rely on it for compensation for their service-related injuries. Backdating improvements for a particular group would create new distinctions between that group and others who had suffered injury due to service all the way back to when the War Pensions Scheme was introduced in 1917. That would be a significant financial undertaking.

My noble friend Lord Addington asked about the new financial group, the Independent Medical Expert Group, and in answering I hope that I will address all his questions. The Independent Medical Expert Group of leading medical experts is undertaking its work on behalf of the MoD. It is chaired by Professor Sir Anthony Newman Taylor of Imperial College London’s faculty of medicine, and it comprises six medical experts, two service representatives and Colonel Jerome Church, who is the chief executive of BLESMA. They are appointed by Ministers.

This group was set up in March 2010 on the recommendations made by the review of the AFCS, led by the noble and gallant Lord, Lord Boyce, to advise Ministers on certain complex injuries that had been raised during the review as requiring further detailed medical consideration. These were, specifically, injury to genitalia, non-freezing cold injury, paired injuries, brain injury, spinal cord injury, loss of the use of a limb, mental illness and hearing loss. The group has examined each of these types of injury and has formulated recommendations to ensure that the AFCS appropriately compensates for them. IMEG’s initial recommendations will be published in the next few weeks, and the group will continue its work through to 2012 in order to consider fully the issues raised by the noble and gallant Lord.

My noble friend asked who will provide a constant eye on the progress of the AFCS. The Central Advisory Committee on Pensions and Compensation will continue to provide an ongoing overview of the AFCS post the implementation of the noble and gallant Lord’s recommendations.

I think that I have covered all noble Lords’ questions, although there was also a question about how we communicate with service personnel. The Independent Medical Expert Group is about to publish a report that identifies its initial findings and recommendations and that will address the very important issue raised by my noble friend about how service personnel will be communicated with.

I thank noble Lords and the noble and gallant Lord for their support. Our Armed Forces are indeed a special group of people and should be properly compensated for injury or illness arising from what we ask them to do on our behalf. I commend both sets of regulations to the Committee.