Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 5 of the Convention. In reply to the Committee's previous comments, the Government indicates in its report that very careful consideration has been given to the possibility of paying compensation to injured workmen or their dependants in the form of a pension. However, given the very small number of potential beneficiaries, the administrative burden created by such a scheme would seem to outweigh any possible benefits. The Government will, of course, give advice in connection with the investment of any lump sums payable under the compensation scheme.

With regard to the position in the United Kingdom, the Government indicates that whereas under the legislation applicable in the Falkland Islands compensation is payable by the employer of the injured workman, in the United Kingdom payments are made out of a state-run fund. The Government does not have available to it the administrative resources that would be required to operate a similar scheme and fund in the Falkland Islands.

The Committee takes note of this information. Although it is aware of these difficulties, it trusts that the Government will reconsider the question and will do everything possible to ensure, as it stated previously, the full application of this basic provision of the Convention, which provides that compensation payable in the event of permanent injury or death shall be paid in the form of periodical payments, provided that it may be wholly or partially paid in a lump sum if the competent authority is satisfied that it will be properly utilised.