Ill-Health Benefits - Non-attributable ill-health benefits
Armed Forces (Pensions and Compensation) Bill
9:45 am
Mr Gerald Howarth (Aldershot, Conservative)
New schedule 4 effectively replicates the Government's own framework document proposals for the compensation scheme and will be subject to the same defects that the Minister drew to our attention earlier in respect of new schedule 3. Nevertheless, the same principles apply. We believe that the cardinal points of the compensation arrangements should be included in the Bill. There are a number of issues that relate to compensation and, for the benefit of the Committee, I have proposed some new clauses that might enable us to deal with those issues more specifically, as opposed to in a general wrap-up. For example, new clauses 14 and 15 deal with a duty of care over medical records, which I would like to come on to later. New clauses 24 and 25 also pertain to the compensation arrangements, but we can deal with those later as well.
However, there are a number of other general issues that are of concern. There are two major issues, in particular. One is the change that the Government propose in relation to the burden of proof for compensation claims; the second is the reduction in the time available to those who wish to claim under the scheme. Currently, there is no time limit. The Government, in their first stab at drawing up new pension and compensation provisions, proposed that there should be a time limit of three years. That caused consternation, particularly in the Royal British Legion. The Government then relented somewhat and proposed that the time limit should be increased to five years. I will come on to the time limit later.
The Defence Committee was particularly scathing about the burden of proof issue in its report. Currently, the compensation scheme operates a policy of reasonable doubt. That means that unless the Ministry of Defence can prove beyond reasonable doubt that an injury or illness was not caused as a result of time in service, a claimant can receive a war pension. The new proposal for balance of probabilities means that compensation may be denied if officials can infer that, on the balance of probabilities, an injury or illness is not service-related. The claimant would have to prove that it was service-related.
The change from the current proof of evidence—reasonable doubt—to the balance of probabilities, combined with a five-year time limit for claiming after April 2005 is key. As the Minister has acknowledged, although the pension arrangements will apply only to those who join after April 2005—or later, if our amendment is agreed—and to those currently serving
who elect to join the new scheme, compensation arrangements will apply to those serving today. That will be mandatory.