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Mr. Caplin: I cannot accept the hon. Gentleman's assertion about truthfulness. That remark was inappropriate. I have a continuous and high-level series of discussion with members of the Royal British Legion executive. I meet the secretary-general regularly and we discuss many of these issues, which are rightly debated between the British Legion and the Government. That does not mean we agree. We accept in an adult relationship that there are times when we disagree. That does happen— I do not deny it.
The burden of proof that the House of Lords suggested should be adopted for the compensation scheme is costed at £300 million at least, over the next 10 years. I cannot find that in the present defence budget. The House would be interested to know how the hon. Gentleman proposes to find it, if he intends to support the House of Lords on the matter.
Mr. Howarth: I make it clear that we intend to support the House of Lords on the matter.
Of course we understand that the Government have a position and the British Legion has a position. We are trying to find a compromise. It is the Government's intransigence about sitting down with the Legion to find a compromise that exercises not just the Opposition, but Labour Members. Lord Corbett said in another place that
"to imply that the Legion was being unco-operative, as my noble friend did on 8 September"—
"was grossly misleading. Neither did he acknowledge the Legion's responsibility for liaising with other ex-service organisations and its duty, as the guardian of the interests, welfare and memory of ex-service people and their dependants, to do all in its power to protect the safeguard currently vouchsafed by a burden of proof based on reasonable doubt. Nor again did my noble friend at any time acknowledge the Legion's offer to compromise on the basis suggested by the House of Commons Defence Select Committee and the MoD's rejection of that offer."—[Official Report, 15 September 2004; Vol. 664, c. 1183.]
There is a compromise on the table, but the Government have shown no willingness to consider it.
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If the House rejects the Lords amendment in the name of the former Labour Minister Lord Morris, we will move from a system that protects the rights of those serving and those who have served who are injured or become ill as a result of their service. The current standard of proof gives the benefit of the doubt to the claimant, placing the onus on the MOD to prove beyond reasonable doubt that the injury was not attributable to the individual's military service. A change to the balance of probabilities would see the roles reversed, with a much harsher standard of proof. Those who have become ill or been injured would have to prove, on the balance of probabilities, that their illness or injury was attributable to their military service.
As Lord Bach said in his letter to Brigadier Townsend, the director general of the Royal British Legion, on 14 September,
"It remains our view that the War Pension Scheme burden and standard of proof are no longer required in order to provide the high level of safeguard appropriate to service in the Armed Forces and that the resources freed up from a change in this area are more beneficially used elsewhere".
But the British Legion continues to dispute that position. After all, the Legion is in a position to know something about the matter. It has immense experience of representing hundreds of war pensions claims every year, and it has argued strongly that the safeguard continues to be necessary to protect the rights of our servicemen and women.
The Legion estimates that with the combination of the change in the test and the shift in the onus, which would rest on the claimant, 60 per cent. of the claims that are successful under the present arrangements would fail. Although the Government dispute that figure, they too must estimate a larger number of unsuccessful claims under the new scheme by the very fact that they predict £200 million savings. Where else can that money come from, except from that which would otherwise have gone to those injured in the line of duty? Or is the Minister saying that he thinks there will be so many more frivolous claims because of the compensation culture that the amount will be ratcheted up?
What does the proposal say about the Government's concept of the duty of care? Do they really want to send a message to our armed forces that if they are injured or become ill in the line of duty, the MOD will make them fight for that which should be theirs by right, and that after such a fight, 60 per cent. of claims will fail? Many hon. Members on both sides of the House will regard it as a sad day indeed when the Government treat our armed forces with such disdain and demonstrate such a flagrant disregard for their duty of care for those who serve—I am bound to say that at a time when Her Majesty's armed forces are undertaking such onerous and dangerous responsibilities in Iraq.
As the Minister said, some will win and some will lose as a result of what he describes as "rebalancing", but greater attention must be paid to the duty of care. A moment ago, he said that some of the funds saved would provide better benefits for those who currently fare—he used this word—"poorly". In other words, he acknowledges that some people are not well served by the present arrangements, and he wants to benefit them at the expense of others. Some who fare poorly at the
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moment would do better; some of those who do reasonably well under the present arrangements would be imperilled.
Mr. Caplin: The hon. Gentleman quoted me correctly. I make no apology because I want those who are most disabled to get the main benefit from the compensation scheme, which is right and proper. Frankly, I hope that all hon. Members share that view. However, events happening today are covered by the current laws, whereas we are discussing events occurring after April 2005.
Mr. Howarth: Hon. Members are obliged to look to the future, because the recent pattern of deployments and military conflicts is likely to form the template for the future. Indeed, the Government currently formulate their defence strategy on the basis that our troops will be deployed more frequently, further afield and in larger numbers than was even envisaged under the strategic defence review. After the cold war, when conflict was expected but none happened—thankfully—we have moved to a position in which there is every expectation that our troops will deploy into conflict zones several times a year, and the risk of injury or illness is therefore likely to increase. It is therefore incumbent on this House to make sure that tomorrow's soldiers get the best possible deal. I submit that a compromise, which would tighten up the existing procedures without increasing the possibility that genuine claims might fail, could be reached, and it seems to me that the Defence Committee's solution provides the answer.
The stick with which we were being beaten was £200 million—the noble Lords were told that the amendment would cost the taxpayer £200 million—but the Minister told us today that the figure has gone up to £300 million. In the other place, Lord Bach promised to provide a detailed breakdown of how the figure is calculated. That is the big stick with which we are being beaten, but no one has come forward from the Ministry of Defence to provide us with an analysis.
The Opposition do not have the resources to undertake such forensic and extensive examinations, but the Minister does—he has all the Ministry of Defence's resources—and he should tell us how the figure was reached. Will the savings be achieved as a one-off or over a period of time? If the Minister expects this House to make an informed decision, he should surely provide some clarification.
Mr. Caplin: I hoped that I had done that today. I said that our latest assessment—these are assessments—is that the total cost would run to more than £300 million after 10 years with a continuing annual premium. We have examined our assessments and the issues arising from the various debates in the House of Lords, and we have made a fresh assessment. I am happy to give the hon. Gentleman more detail if and when I can, but today I have brought the latest assessment of the amendment's cost to the House.
1.45 pm
Mr. Howarth:
Instead of the Minister's coming to the House to conciliate me, why on earth was his Department not conciliatory with the Royal British
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Legion, which has asked for the figures for several months? It is not good enough for the Minister to tell us that a figure that was set in stone until half an hour ago has increased by 50 per cent. Realistically, the House cannot accept a 50 per cent. increase off the back of an envelope to the figure that Lord Bach gave down the other end of the Corridor for the scheme's cost if their lordships were to stick to their guns.
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