Transfer of Tribunal Functions Order 2008

My Lords, for reasons that many noble Lords will readily understand, I am delighted to be following my good friend the noble and gallant Lord, Lord Craig. The constancy of his commitment to war pensioners is for me reminiscent of a speech by the Duke of Marlborough after Blenheim. Addressing this House on his return from that great victory, he said that much the best way to celebrate it was not to heap praise on him, but to act justly to the men who had fought so bravely with him. It is from that proud tradition that the noble and gallant Lord’s motivation derives. With integrity, intellect and stamina to spare, he has been centrally involved in the issue that we are now met to debate all the way from the grid to this final lap. I have interests to declare—none of them pecuniary—as the honorary parliamentary adviser nationally to the Royal British Legion since 1988, as a governor of St Dunstan’s, as national vice-president of the War Widows’ Association, as the architect and promoter in 1970 of legislation to strengthen the Pensions Appeal Tribunal; and as the Minister for War Pensions from 1974 to 1979. This is a rare parliamentary moment, one of proof positive that parliamentary scrutiny is still alive and well in the Palace of Westminster. The noble Lords who worked to bring it about, not least during the Summer Recess, were from all parts of the House but of one mind and a shared determination to avert a wholly unnecessary confrontation with men and women who, alone in this country, contract with the state to make the ultimate sacrifice in its service, and the bereaved families of those who do so. We were not a cabal, simply a coming-together of concerned parliamentarians as realisation spread that what was contemplated in implementing the Tribunals, Courts and Enforcement Act 2007 was nothing less than the destruction not just of the PAT but of any prospect of a stand-alone, specialised and independent successor to its work. That was made plain in the PAT’s admirably clear response to the Ministry of Justice’s consultation document, Transforming Tribunals. The PAT’s response set out with clarity and in detail how the document’s bland assertion that the purpose of the reforms was to give a better service to its users contrasted with the reality that Armed Forces appellants would be subjected to a marked worsening of the service currently available. The PAT’s response drew attention also to the reality that appellants would in future be dealt with by a tribunal structure in England and Wales very different from those in Scotland and Northern Ireland. That response, despite the standing and unrivalled experience of its authors, was summarily set aside as the pace of the drive to give legislative effect to the department’s proposals quickened, even to the point of corner-cutting in consulting the ex-service community. Indeed, Sir Roger Carnwath, writing as senior president of tribunals, sent me on 20 June what noble Lords later referred to as his, "““all done and dusted letter””," which stated that agreement had been reached following a meeting of veterans’ organisations that he had hosted earlier that day and that he would send me copies of a ““straightforward explanation”” of what had been agreed—already being prepared by his office—for inclusion in their newsletters and websites. Moreover, Sir Roger’s letter said that it was in, "““an e-mail from The Royal British Legion””," following the meeting, that the veterans’ organisations had confirmed later that day that they were, "““now content with the new tribunal arrangements””." The sequel to that letter was sharp and strong. It came in a letter sent to Sir Roger by Christopher Simpkins, the legion’s director-general, within days of his having seen the letter from the senior president of tribunals to me of 20 June. The director-general’s response made it clear that he was disturbed to see the views, "““attributed to The Royal British Legion since they do not reflect our position””." The legion had made it ““consistently clear”” that it wished to retain the PAT, and the director-general concluded: "““Our fundamental position, for the avoidance of any doubt, is that we do not support the demise of the PAT which has served our beneficiaries so well””." Chris Simpkins, like Air Vice-Marshal Tony Stables of COBSEO, became a major contributor to the outcome of all the extra-parliamentary effort involved in helping to achieve a just outcome in this House. Their input was exemplary throughout. High tribute is due also to Dr Harcourt Concannon and his admirable team—some would say fellowship—at the PAT. They deserve well of this House. That we have come so far since the threatened breakdown in June is much to the credit also of my noble friend Lady Royall, who has won the respect and admiration of the ex-service community. She knows how important, too, has been the help of, among others, the noble and gallant Lord, Lord Bramall, the noble and learned Lord, Lord Lloyd of Berwick, the noble Viscount, Lord Slim, and the noble Lords, Lord Cope, Lord Thomas of Gresford and Lord Henley; and they in turn know how helpful have been the noble Baronesses, Lady D’ Souza and Lady Anelay, and the noble Lord, Lord McNally. For parliamentarians, there is surely no more compelling duty than to vouchsafe the well-being of the war disabled and bereaved, and it is much to the honour of your Lordships’ House that parliamentary scrutiny has so demonstrably triumphed here in discharging that duty to them. They are very special people.