Draft Pensions Appeal Tribunals (Late Appeal) (Amendment) Regulations 2022

Rachel Hopkins Excerpts

Monday 9th January 2023 General Committees

[Rachel Hopkins (Luton South) (Lab)]

It is a pleasure to serve under your chairmanship for the first time this year, Ms Nokes. May I wish a happy new year to you, the Clerk and everyone on the Committee, including the Minister? I look forward to working well with him and to being part of an effective Opposition over the coming year as we work towards truly making the UK the best place to be a veteran.

As has been outlined, the regulations align the late appeals process in Scotland and Northern Ireland more closely with the position in England and Wales, so we will not oppose them. However, having read the documentation and listened to the Minister’s speech, I would like to raise a few points and questions. I declare an interest as a former civil servant and I am particularly interested by the explanatory memorandum, which leads to some of the points I will make.

New regulation 3 provides that

“late appeal will be treated as made in time if the Secretary of State does not object.”

Will the Minister outline the criteria that would result in the Minister, or the Secretary of State on the Minister’s recommendation, objecting to a late appeal? The regulations as amended allow a tribunal to hear an appeal

“in the interests of justice.”

Does the Minister have any further information about the criteria that would lead the tribunal to decide that it is

“in the interests of justice”

to hear the late appeal that has potentially been objected to by the Secretary of State?

I note from the helpful briefing that the pensions appeal tribunals in Scotland and Northern Ireland were invited to comment on the draft legislation, and I heard the Minister say that the devolved Administrations have approved them. Were any comments received from the appeal tribunals in Scotland and Northern Ireland? Will the Minister outline their position on the draft legislation?

I note that there has not been a public consultation on the instrument, but have there been any interactions, discussions or requests for feedback on the late appeal process by veterans’ organisations or charities that support veterans through the tribunal process? Even in my short tenure so far as the shadow Minister, I have spoken to a number of veterans who are frustrated by the process of application and subsequent appeals. It is important for us to hear the voices of veterans and the charities supporting them in our consideration of the new regulations.

As the Minister mentioned and as set out in the explanatory memorandum, the number of additional late appeals that the pensions appeal tribunals in Scotland and Northern Ireland may allow to be brought as a result of the regulations is expected to be low. However, an impact assessment was not undertaken. Will the Minister clarify what analysis was undertaken to evidence that the impact will be low? Will the Minister tell us the percentage of late appeals that were successful in England and Wales, perhaps in 2019, 2020 and 2021, in order to compare that figure with the number of late appeals in Northern Ireland and Scotland? It would be great if the Minister could provide that information; if he does not have it now, I am happy to receive it in writing.

Will the Minister provide a breakdown of the forms of injury or illness relating to applications and potential objections, and therefore to appeals? I am particularly interested in appeals that relate to mental ill health. Many veterans find such appeals difficult to make in light of decisions around mental ill health. That issue has been raised with me and we all need to be alive to it. If the Minister has a breakdown of such information I am happy to receive it in writing.

I mentioned the views of veterans’ charities and reflected on the change between the two systems. Since the implementation of the tribunal reform in 2008, which created the two systems, how satisfied have the veterans’ charities been? That might help us understand how the whole process is operating. As I said, since I have been the shadow Minister over the last six months or so, many veterans have raised concerns about the process with me due to the wait time for a decision or dissatisfaction with a decision that conflicts with medical advice. Does the Minister intend any further reforms to the compensation system? It will be interesting to know.

We are pleased that the Government have finally agreed to medallic recognition for nuclear test veterans, but what recourse will be available to nuclear test veterans and their family members whose appeals were rejected due to difficulties in demonstrating that an illness, injury or death were caused by service at an atomic testing site? Again, I would be grateful for any feedback we could have today, or I would be happy to receive that in writing.

As I have said, we will not oppose the regulations or push them to a vote. However, we have some questions. It would be helpful to look at the compensation and appeal systems, which will be of interest to veterans and the public. I look forward to the Minister’s answers.