My Lords, I wish to speak to my probing amendment. I had thought to speak in the gap during this Bill’s Second Reading when I suddenly realised that there was a connection with an issue that I had dealt with some 15 years ago. However, regrettably, I arrived too late, having missed the opening remarks of the noble Lord, Lord Lancaster. I am therefore most grateful for the indulgence of the House to my tabling a probing amendment about possible VAPC responsibilities in this excellent Private Member’s Bill.
I have intervened a number of times in the past over proposed changes to the arrangements for the PAT— Pensions Appeal Tribunal—in England and Wales. In 2008—15 years ago—following the passing of the Tribunals Courts and Enforcement Act 2007, the Government intended by secondary legislation to do away with the long-standing PAT in England and Wales, first introduced in 1919, and allocate its work to a social entitlement chamber of a First-tier Tribunal. This was part of a wide-ranging government restructuring of tribunals. This change seemed totally wrong and at odds with treating the affairs of serving personnel and veterans in an appropriate manner. The outgoing PAT team—the experts—to a man was against its work passing to a civilian-type tribunal dealing with social benefits and other civilian claims.
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So too were noble Lords on all sides of this House, the Royal British Legion, COBSEO and other interested charities. Meetings with Ministry of Justice Ministers were quite fruitless. The Senior President of Tribunals elect assumed that the relevant SI, which at that stage had not even reached this House, would be nodded through, so he circulated a descriptive note to the Royal British Legion and other charities about the new tribunal structure, based on the SI being agreed, asking them to give it wide publicity. I was so incensed by all this, by the Ministry of Justice disregarding all advice and by the cavalier way this change was being handled, that I tabled a fatal amendment to the statutory instrument just before the start of the Summer Recess. I am glad to say that this encouraged the reconsideration by the Government during the recess before the change was debated on 14 October that year. By then, the rearrangement proposed by the Government was acceptable. Therefore, in place of my fatal amendment, I simply asked why the Government intended to abolish the Pensions Appeal Tribunal. As agreed beforehand, the Minister announced that a separate chamber in the new First-tier Tribunal would be set up to deal with PAT England and Wales claims. Some years later, the Government of the day decided that there should be changes to the composition of the tribunal panel. I was informed, and these economies were eventually agreed.
My purpose in rehearsing these experiences is to seek clarification on what role the strengthened VPACs might have in advising the MoD and other government departments on similar or other changes to this Armed Forces and veterans’ chamber that might be proposed in future. The British Legion, COBSEO and other charities were very supportive of the original objections, as indeed were noble Lords on all sides of the House.
Is there a need for an official body—not just the interested charities—to be a guardian of this vital support for service personnel and veterans? Should VAPCs have that role specifically given to them? Alternatively, it may be that this Bill, when passed, would give the Defence Secretary the freedom by SI to add this duty to VAPCs or, once their responsibilities pass to the Armed Forces Act 2006, the duty could be introduced during a review or re-enactment of the Act. However, a disagreement between the MoD and the Ministry of Justice might arise because the work of the Armed Forces chamber will further diminish and its distinctive responsibility may need safeguarding. I beg to move.