Armed Forces (Pensions and Compensation) Bill

Part of the debate – in the House of Commons at 2:28 pm on 22 January 2004.

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Photo of Rachel Squire Rachel Squire Labour, Dunfermline West 2:28, 22 January 2004

I agree with the hon. Gentleman. When the Committee has been on visits and made an effort to talk to all ranks of armed forces personnel, we have been genuinely concerned by the lack of information about, and understanding of, the proposals.

I do not want to take too much time because other hon. Members wish to speak, but I should like to deal with the compensation scheme. It exists to help service people who have suffered injury or illness through their work in the armed forces. It is an unusual but important benefit. Again, the Committee emphasises how few other jobs require employees routinely to put themselves in mortal danger.

One of the main changes to the scheme is the method for deciding whether an injury has been caused by service. It is worth going over the points that have already been made. The Ministry of Defence currently has to prove beyond reasonable doubt that an injury was not caused by service. Otherwise, a claim for compensation succeeds. The proposal would change that so that, in future, service people would have to prove on the balance of probabilities that their injury was caused by service. The Ministry of Defence claims that that

"reflects wider good practice in modern compensation schemes".

However, the Committee believes that it is only natural to be sceptical about a change that appears to make life easier for the Government and more difficult for claimants.

The Committee is prepared to keep an open mind about whether the balance of probabilities is an appropriate standard of proof, but it is much less happy about the proposed change to the burden of proof. As the Committee's report states, armed forces personnel

"are likely to be involved in situations of great uncertainty, with uncertain effects on their health".

The Government have acknowledged that they have responsibilities to service personnel who make compensation claims. That is welcome.