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Ministry of Defence

Answer

Mr. Peter Ainsworth: To ask the Secretary of State for Defence what assessment he has made of the implications of the British Commonwealth Occupation Force National Council Report of 10 July 1998 for the health liability claims of British servicemen who served in the Pacific Region in the 1940s and 1950s; and if he will make a statement. [201740] Mr. Caplin :[holding answer 6 December 2004]: The Ministry of Defence is examining files to establish whether or not consideration was given to the implications of the British Commonwealth Occupation Force National Council Report of 10 July 1998 for the health liability claims of British servicemen who served in the Pacific Region in the 1940s and 1950. I will write to the hon. Member once this examination is complete. Regarding claims from servicemen consequent of their service in the Pacific under section 10 of the Crown Proceedings Act 1947. The British service personnel who served in the Pacific region in the 1940s and 1950s are prevented from pursuing claims for compensation from the Ministry of Defence. The repeal of section 10 by the Crown Proceedings (Armed Forces) Act 1987 was not made retrospective. Compensation in the form of a War Pension Compensation is, however, available to all former members of HM forces suffering from service attributable illness or injury. War Pensions are paid by the Veterans Agency and are non-discretionary, not means-tested and are made on a no-fault, tax free and retrospective basis. They are up-rated annually. The Veterans Agency also makes provision for the widows of service and ex-service personnel whose death is attributable to service in the form of a War Widows Pension.

Secondary information

Type

Written question

Reference

201740; 428 c911-2W

Session

2004-05

Subjects

Compensation Liability Nuclear weapons Radiation exposure Testing Veterans

Link

View this Written question on www.publications.parliament.uk