asked Her Majesty’s Government:

Why the Cabinet Office Code of Practice on Consultation was not followed by the Ministry of Defence in respect of the Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Amendment Regulations 2006 (SI 2006/2892); and whether, since the proposed legislation directly affected existing rights of appeal, the head of the tribunals policy division of the Department for Constitutional Affairs was formally consulted by the department; and, if so, when this consultation took place. [HL398]

The consultation undertaken was informal, with a limited number of stakeholders, which included the major ex-service organisations, the Council on Tribunals and the presidents of the three Pensions Appeal Tribunal jurisdictions. The ex-service organisations which comprise the statutory consultative body, the central advisory committee, had also been made aware of the policy intention to remove appeal rights for temporary awards in 2005, well in advance of the detailed drafting of the regulations.

The relevant branch of the Department for Constitutional Affairs (DCA) Tribunal Service was approached in early September, when it was copied the exchange of correspondence with the president of the Pensions Appeal Tribunal for England and Wales. The DCA is content with the Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Amendment Regulations 2006, which were made on 30 October 2006.

asked Her Majesty's Government:

Further to the Written Answer by Lord Drayson on 1 December (WA 104), whether, and, if so, at what stages, the Ministry of Defence will consult the Department for Constitutional Affairs’s Tribunals Policy Division on drafts of any future proposed amending legislation to the Armed Forces and Reserve Forces Pensions and Compensation Scheme directly affecting rights of appeal. [HL846]

The Ministry of Defence will consult the Department for Constitutional Affairs (DCA) on the potential impact on the tribunals service of any future amendments to Armed Forces and Reserve Forces Pensions and Compensation Scheme legislation which directly affects rights of appeal. The DCA will be engaged during the development of proposals which directly affect rights of appeal, and during consultation with external stakeholders.