Transfer of Tribunal Functions Order 2008

rose to move, as an amendment to the above Motion, to leave out from ““that”” to the end and insert ““this House declines to approve the draft order laid before the House on 4 June because it abolishes the Pensions Appeal Tribunal in England and Wales””. The noble Lord said: My Lords, the wording of my Motion, which I tabled before the Summer Recess, makes clear that my worry at that time was about the future of the vital work of the Pensions Appeal Tribunal in England and Wales. I have no issues to raise on other tribunals affected by the orders that we are debating. At the end of last year, I was alerted to concerns about the Government’s intentions for the future of PAT in England and Wales. I tabled a Written Question then, but the Government seemed determined to transfer the work of PAT in England and Wales into a social entitlement chamber of the new first-year tribunal, even though that was strongly rejected by all PAT members, judicial, military and medical—the experts—and by a number of the service charities that support individuals’ appeals against their war pension or injury compensation awards. The House will appreciate that all too often appellants are young service personnel who, while fighting for their country, have received most grievous physical and mental injuries, which they will have to bear and cope with all their adult lives. We, the nation, owe such individuals, their families and dependants an absolute duty of fair treatment. This PAT has provided since 1919 as a highly regarded and trusted statutory independent body. Fair treatment for the Armed Forces, their families and veterans has recently been underwritten by the Command Paper entitled The Nation’s Commitment: Cross-Government Support to our Armed Forces, their Families and Veterans. I quote just one sentence form the foreword by the Prime Minister, who said: "““I am determined to ensure that they are fairly treated””." Perhaps the House will share the concerns and indeed outrage of many much more closely involved with this topic than me that merging Armed Forces’ appellants with asylum support, social security and child support appeals tribunals’ work would be to treat injuries sustained in battle as if they were the same as any other ““social entitlement””. Even following meetings last June with Bridget Prentice, the Ministry of Justice Minister in charge of this issue and the Senior President of Tribunals, Lord Justice Carnwath, the Government remained obdurate. An article for inclusion in service charities’ news letters about the transfer of PAT functions to the social entitlement chamber was widely distributed from the office of the Senior President of Tribunals, although at that time the orders had not been approved by either House. With the help of the noble Baroness who is now Leader of the House, the Ministry of Justice was persuaded to hold further discussions with the service charities, which continued through August. In early December, Bridget Prentice agreed with the concurrence of senior president to set up a separate War Pensions and Armed Forces Compensation Chamber, to which the Minister has referred, in the first-tier tribunal, although she insisted on placing on record that it would be better for the functions of the PAT England and Wales to go to the social entitlement chamber. Given that ambivalent attitude, and the fact that the PATs in Scotland and Northern Ireland were to continue unchanged, noble Lords may agree that it was and still is important to seek assurances from the Government about future arrangements for PAT England and Wales. The Lord Chancellor and the Senior President of Tribunals last week made a Written Ministerial Statement, published in the Official Report on 16 October—the Statement to which the Minister referred—which deals not only with the various details of the Armed Forces chamber, including rules and membership, but clearly explains to the many who were dubious about the intention to abolish a major part of PAT why the Armed Forces chamber would be as good, perhaps better, for the users—that is, the appellants and their supporters. I hope to hear from other noble Lords whether they agree that the Government have now done what is necessary to reassure appellants, their supporters and the public at large that the Government are honouring their commitment to treat fairly those in the Armed Forces who have been harmed physically or mentally in discharging their duties. I have one query for the Minister, of which I have given him notice. Bearing in mind the ambivalence to which I have referred, will he assure the House that the Lord Chancellor and the Senior President of Tribunals have no intention at some future date to abolish the new War Pensions and Armed Forces Compensation Chamber and transfer its work to another existing chamber in the first-tier tribunal, and that if this were ever contemplated, parliamentary approval, ideally by means of affirmative order, would be required? The statutory independence of PAT (England and Wales) goes once it is abolished. It should be on the record that the new Armed Forces chamber still enjoys statutory protection and that parliamentary authority would have to be obtained before it could be abolished. I look forward to the Minister’s response. I beg to move. Moved, as an amendment to the above Motion, to leave out from ““that”” to the end and insert ““this House declines to approve the draft order laid before the House on 4 June because it abolishes the Pensions Appeal Tribunal in England and Wales””.—(Lord Craig of Radley.)