LETTER FROM THE CONTROL AND CONSTITUTION COMMITTEE TO MINISTER DAG TERJE ANDERSEN 12-03-09
Decisions in Pioneer Divers Tribunal - the processing of applications for compensation from British divers
It appears to the Minister's reply letter to the Control and Constitutions Committee of 15 December 2008 which stated that the tribunal "is an autonomous and independent body, that the Ministry does not have authority over the instruction." The Committee refers to statements from commissions head judge Stein Husby in "saluting Norwegian law professor Carl August Fleischer on his 70th birthday August 26, 2006" where he writes the following about the compensation to a foreign diver who was not a member of the State in the period 1965 -1990:
"After the wording of the mandate, he does not meet the connection criterion, and the Committee presented the Ministry of Social Affairs that the applicant would fall outside compensation scheme unless it was intended to extend the mandate or exemptions from the terms in such cases. Ministry of Social Affairs has sent a letter of 13. May 2005 announced that ASD not have anything to remark that this case falls outside the compensation "?
We ask the Minister comment on this in light of the Minister's previous letter, where it is said that the ministry does not have the instruction authority over the Divers Tribunal.
The Pioneer Divers Tribunal relates that some applicants do not meet the criteria of the mandate which reads: "As the application time is a member of the Norwegian National Insurance, or has been a member of the Norwegian National Insurance during the period 1965-1990". Council has in various decisions held that some only have had "partial membership in the State Health System" or "not been a full member of the State Health System", as the reason for rejection. We ask the Ministry's report on where boundaries are for the membership and partial membership in the State.
The Committee also requests that get forwarded the copy of the Ministry's letter to the Council of 13 May 2005 and other correspondence that discusses problems with the mandate and the understanding of it.
Sincerely
Lodve Solholm
Committee Leader