I beg to move, That the Bill be now read the Third time.
I thank all hon. Members who served in Committee, and those who have spoken on Report. It has been an interesting and lively debate, although there has been disagreement at times. I also say a big thank you to members of the Bill team and to the Clerks for their advice and support throughout, which have been much appreciated.
Although this is a short Bill, its three substantive clauses are nevertheless important. As I said earlier, the responsibility clause will reassure ordinary hard-working people who have adopted a generally responsible approach towards the safety of others during the course of an activity that the courts will always consider the context of their actions in the event that something goes wrong and they are sued.
We do not want people who try to do the right thing to worry constantly that somebody will take them to court. My right hon. Friend the Justice Secretary has been clear from the outset that he wants to reassure owners of small businesses and other employers who live in fear that an opportunistic or disgruntled member of staff may bring an unfounded negligence claim at the drop of a hat. In such circumstances, we hope that the Bill will give responsible employers greater confidence that there is no need to worry about defending themselves in court.
This is not just about protecting employers from negligence claims brought by employees, and in Committee we heard worrying examples of how the compensation culture can affect other organisations. As I mentioned on Report, the Cheshire fire and rescue service talked about members of the public bringing claims after they had tripped over fire-hoses in broad daylight, ignoring the flashing lights and liveried firefighters who were attending the scene of an emergency. It cannot be right that unjustified claims are brought against members of our emergency services who are doing their best in difficult conditions to save the lives of others. The Campaign for Adventure also warned that a litigious climate can produce a culture of fear that inhibits innovation, exploration, learning and altruism. We are committed to defeating that culture of fear.
The Bill will help all those hard-working individuals, organisations and small businesses who do the right thing and adopt a responsible approach towards the safety of others in the course of an activity by ensuring that that is taken into account by the court in the event of a claim. It will help to discourage speculative and opportunistic claims, and give confidence to responsible employers—and others—to resist them.
The social action clause will help to foster an environment of civic-mindedness and promote volunteering by reassuring those who make a positive contribution to society that the law will be on their side in the unlikely event that they are sued. Members of the House might recall that the coalition agreement included a commitment to
“take a range of measures to encourage volunteering and involvement in social action.”
That is precisely what we have been doing through the many initiatives that we have backed to increase participation in civil society, and I am glad that the proportion of people volunteering is steadily rising. The Bill will build on the progress we have already made by tackling the perception of the compensation culture, which can influence the willingness of people to volunteer. We know that worries about liability remain a real issue for some would-be volunteers. In his evidence to the Bill Committee, Dr Justin Davis Smith of the National Council for Voluntary Organisations confirmed that the fear of being sued prevents
“a significant proportion of people getting involved”.––[Official Report, Social Action, Responsibility and Heroism Public Bill Committee, 4 September 2014; c. 11, Q14.]
We hope that the social action clause will go some way to allaying the fears of people who are deterred from getting involved. Parliament has a significant role to play in highlighting what is valued in society. The Bill seeks to deliver a positive message. It is a message that social action is desirable, a message that responsible behaviour will be recognised, and a message that the law is on the side of those who undertake socially beneficial activities.
The final limb of the Bill, on heroism, addresses another key area of concern. Unfortunately, often people are unwilling to intervene in emergencies because they are worried they might be sued and ordered to pay damages if they try to help. At previous stages of the Bill we heard examples of such behaviour, both from Members and from those giving evidence to the Bill Committee. The Bill therefore seeks to address such concerns by reassuring the public that if they act heroically by selflessly intervening to provide assistance in an emergency, that will be taken into account by the courts should a claim of negligence be brought against them.
As the examples I have given demonstrate, the Bill applies to a wide range of situations and emphasises that the actions of those who seek to serve their communities are valued by the law. It will be relevant to those who act for the benefit of society by engaging in organised voluntary activities, or to those who perform acts of kindness for individual members of the community, such as assisting an elderly neighbour with day-to-day tasks. It will be relevant to those who demonstrate a generally responsible approach to the safety of others, whether in the work environment or in other contexts, and to those who selflessly assist others in emergencies. All of those people will be able to rest assured that full account will be taken of the context of their actions, should something go wrong and they are sued.
I emphasise again that the Bill does not confer immunity from civil liability for those whose actions fall within the scope of the Bill. Those who are injured by negligence will continue to have access to legal redress, and the Bill will not remove the court’s ability to do justice in an individual case. Courts will continue to be able to
consider all the facts of an individual case, and nothing in the Bill will prevent a person from being found negligent if the circumstances of the case warrant it.
There has been some criticism of the Bill, particularly from members of the legal profession. I want to make it absolutely clear that this is not a Bill aimed at pleasing lawyers. It is a Bill that gives support and reassurance to ordinary people who act responsibly and for the benefit of society. The Bill adopts a fair and sensible approach, an approach that allays the fears of those who wish to undertake socially beneficial action, reassures organisations and individuals that a responsible approach to safety is recognised, and encourages a culture of altruism, not one of compensation. I commend the Bill to the House.
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