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Written question asked by Gregory Campbell (Democratic Unionist Party) on Wednesday, 19 October 2011, in the House of Commons. It was due for an answer on Monday, 24 October 2011. It was answered by Lord Robathan (Conservative) on Wednesday, 26 October 2011 on behalf of the Ministry of Defence.

Armed Forces: Compensation

Question
To ask the Secretary of State for Defence with reference to the inquest of Sergeant Major Adamson held in June 2011, if he will review the decision regarding a compensation claim to establish if it can be paid in such circumstances regardless of whether a formal legal obligation exists.
Answer

[holding answer 24 October 2011]: Prior to May 1987, service personnel (or their dependants in the case of a fatality) were prevented from pursuing claims for compensation from the Ministry of Defence (MOD) by Section 10 of The Crown Proceedings Act 1947. Section 10 was repealed by The Crown Proceedings (Armed Forces) Act 1987.When the House debated the repeal of Section 10, the question of retrospection was considered and motions to allow all past and present members of HM Forces or their dependants to pursue compensation claims for injury or death were moved: they were defeated or withdrawn. The view then, as it is now, was that there was no logical point at which to draw a line, short of trying to cover all types of injury, and this would create more examples of unfairness and injustice.This position was challenged in the other place on the basis that Section 10 of The Crown Proceedings Act 1947 is incompatible with the European Convention on Human Rights. The noble Lords, Lord Bingham, Lord Hoffman, Lord Millett, Lord Hope and Lord Walker heard the matter on 13 and 14 January 2003 and a unanimous judgment was handed down on 13 February 2003 in favour of the MOD. The MOD's position concerning the payment of claims predating the repeal of Section 10 of The Crown Proceedings Act remains unchanged.When compensation claims are submitted, they are considered on the basis of whether or not the MOD has a legal liability to pay compensation. Where there is a legal liability to pay compensation we do so. As the incident leading to Sergeant Major Adamson's tragic death was before the repeal of Section 10 in 1987, any claim in respect of this tragic death is prevented by law.

Secondary information

Type
Written question
Reference
76364; 534 c257-8W
Session
2010-12
Subjects
Compensation Armed forces
Link
View this Written question on www.publications.parliament.uk