UK Parliament / Open data

Civil Liability Bill [HL]

Lords committee stage first day. Clauses 1 to 7 agreed to. Part 2 of 2.

About these Parliamentary proceedings

Reference

791 cc299-342 

Session

2017-19

Department

Ministry of Justice

Legislative stage

Committee stage

Chamber / Committee

House of Lords chamber
Civil Liability Bill (HL) 2017-19
Tuesday, 20 March 2018
Bills
House of Lords
Civil Liability Bill [HL]
Thursday, 10 May 2018
Parliamentary proceedings
House of Lords
Deposited Paper DEP2018-0531
Thursday, 24 May 2018
Deposited papers
House of Lords

Proceeding contributions

Lord McKenzie of Luton | 791 c300 (Link to this contribution)

Moved by

Lord McKenzie of Luton

6: Clause 1, page 1, line 14, at end insert—

“(...

Lord McKenzie of Luton | 791 cc300-1 (Link to this contribution)

My Lords, this is a step back from the legal intricacies of the Bill to reflect on a wider issue....


Show all contributions (85)
Lord Keen of Elie | 791 cc301-2 (Link to this contribution)

I thank the noble Lord for his contribution to the debate and I acknowledge the importance of loo...

Lord McKenzie of Luton | 791 c302 (Link to this contribution)

My Lords, I am grateful to the Minister for a very comprehensive reply. I should say that looking...

Lord Sharkey | 791 c302 (Link to this contribution)

Moved by

Lord Sharkey

11: Clause 2, page 2, line 35, leave out from “amount” to end o...

Lord Sharkey | 791 cc302-5 (Link to this contribution)

My Lords, the long string of amendments in my name and that of my noble friend Lord Marks has a v...

Baroness McIntosh of Hudnall | 791 c305 (Link to this contribution)

My Lords, if this amendment is agreed to, Amendments 12 to 22 inclusive cannot be called by reaso...

Lord Brown of Eaton-under-Heywood | 791 cc305-6 (Link to this contribution)

My Lords, I understand that the clear purpose of Part 1 of the Bill is to discourage false claims...

Lord Faulks | 791 cc306-7 (Link to this contribution)

The amendment tabled by the noble Lords, Lord Sharkey and Lord Marks, seems at least to question ...

Earl of Kinnoull | 791 c307 (Link to this contribution)

My Lords, I congratulate the noble Lords, Lord Sharkey and Lord Marks, for framing a good debate ...

Lord Marks of Henley-on-Thames | 791 cc307-8 (Link to this contribution)

My Lords, the amendments are, as has been said, in my name and that of my noble friend Lord Shark...

Lord Hodgson of Astley Abbotts | 791 c308 (Link to this contribution)

Does the noble Lord accept the argument that the quantum of damages is essentially a political de...

Lord Marks of Henley-on-Thames | 791 c308 (Link to this contribution)

Absolutely not. The Judicial College can respond, and be required to respond, to political guidan...

Lord Faulks | 791 c309 (Link to this contribution)

Does the noble Lord accept that if you reduce the amount of damages, it provides something of a d...

Lord Marks of Henley-on-Thames | 791 cc309-310 (Link to this contribution)

Of course I accept that. It is a question of whether the cost in unfairness is worth paying. It i...

Lord Beecham | 791 c310 (Link to this contribution)

My Lords, I concur with the views expressed and proposals made by the noble Lords, Lord Sharkey a...

Lord Keen of Elie | 791 cc310-1 (Link to this contribution)

My Lords, I am grateful for the contributions that have been made. It respectfully appears to me ...

Lord Sharkey | 791 c311 (Link to this contribution)

In fact, I was asking the noble and learned Lord, with respect, to justify the quantum, but perha...

Lord Keen of Elie | 791 c311 (Link to this contribution)

With respect, as I say, the quantum is a consequence of the steps we are taking to address the cl...

Lord Sharkey | 791 c311 (Link to this contribution)

In that case, perhaps the noble and learned Lord could explain exactly how the tariff was constru...

Lord Keen of Elie | 791 c311 (Link to this contribution)

Yes, I shall come to that. We have had regard to the present level of damages awarded in these ca...

Lord Sharkey | 791 c311 (Link to this contribution)

Does the Minister accept that that is not really an explanation? It is simply a statement that th...

Lord Keen of Elie | 791 c311 (Link to this contribution)

With respect, first, I understand that there was not intended to be a change between the impact a...

Lord Faulks | 791 c311 (Link to this contribution)

My Lords, I am very grateful to the Minister for giving way. Perhaps he will confirm to the House...

Lord Sharkey | 791 c312 (Link to this contribution)

I think this is a misunderstanding. I was not trying to imply that there was an element of certai...

Lord Keen of Elie | 791 c312 (Link to this contribution)

With respect, a judgment had been made having regard to all the information available as to what ...

Baroness Berridge | 791 c312 (Link to this contribution)

I refer my noble and learned friend to his previous comment which, fairly, recognises that all pa...

Lord Keen of Elie | 791 c312 (Link to this contribution)

Everybody readily acknowledges that point but, with respect, you cannot take 650,000 claims and i...

Baroness Primarolo | 791 c312 (Link to this contribution)

On that point, the Minister will be aware that the business model for insurance companies is to a...

Lord Keen of Elie | 791 cc312-4 (Link to this contribution)

I acknowledge the noble Baroness’s expertise in these areas as a non-executive director of Thomps...

Lord Marks of Henley-on-Thames | 791 c314 (Link to this contribution)

I just wanted to make this point, but because of the noble and learned Lord’s plea I have perhaps...

Lord Keen of Elie | 791 c314 (Link to this contribution)

With respect, as the noble Lord outlined, they are self-perpetuating figures. Therefore, although...

Lord Sharkey | 791 c314 (Link to this contribution)

I thank the Minister for the long and comprehensive—and occasionally interrupted—answer. There is...

Lord Keen of Elie | 791 c315 (Link to this contribution)

Can I be clear to the noble Lord? I am not aware of there having been any target saving. As I sou...

Lord Sharkey | 791 c315 (Link to this contribution)

The Minister will forgive me if I say that that sounds a bit like the back of a political envelop...

Lord Beecham | 791 c315 (Link to this contribution)

Moved by

Lord Beecham

12: Clause 2, page 2, line 35, leave out “specified” and insert...

Lord Beecham | 791 c315 (Link to this contribution)

My Lords, this amendment and Amendment 29 set an alternative method for recommending a tariff, no...

Lord Bassam of Brighton | 791 cc315-6 (Link to this contribution)

My Lords, I have Amendment 14 in this group. Much of this ground was covered in the earlier debat...

Lord Faulks | 791 c316 (Link to this contribution)

I just wanted to say one thing. First, I am not sure whether I have declared during Committee tha...

Lord Keen of Elie | 791 cc316-7 (Link to this contribution)

My Lords, I was rather hoping that my noble friend was going to explain the tariff, but that may ...

Lord Beecham | 791 c317 (Link to this contribution)

My Lords, I beg leave to withdraw the amendment.

Lord Young of Norwood Green | 791 c317 (Link to this contribution)

Moved by

Lord Young of Norwood Green

23: Clause 2, page 3, line 13, at end insert—

Lord Young of Norwood Green | 791 cc317-8 (Link to this contribution)

My Lords, with the leave of the House I will move this amendment on behalf of my noble friend Lor...

Lord Sharkey | 791 cc318-9 (Link to this contribution)

Talking about vulnerable road users, I was reading Tuesday’s edition of Insurance Times, and the ...

Lord Butler of Brockwell | 791 c319 (Link to this contribution)

My Lords, I support this amendment. I, too, declare an interest as a regular cyclist and a member...

Lord McKenzie of Luton | 791 c319 (Link to this contribution)

My Lords, we have Amendment 26 in this group. I thank my noble friend Lord Young for stepping in ...

Lord Keen of Elie | 791 c319 (Link to this contribution)

We have not finished the previous group.

Lord McKenzie of Luton | 791 c319 (Link to this contribution)

I am sorry. I will speak to Amendment 23 only to congratulate my noble friend for stepping into t...

Lord Keen of Elie | 791 cc319-320 (Link to this contribution)

I am obliged to the noble Lord for supporting their proposition rather than their amendment—which...

Lord Young of Norwood Green | 791 c320 (Link to this contribution)

I welcome what the noble and learned Lord said—I have found it constructive and helpful. Neverthe...

Lord Keen of Elie | 791 c320 (Link to this contribution)

I am perfectly content to meet the noble Lord. As I return to my feet, I am reminded of the regul...

Lord Young of Norwood Green | 791 c321 (Link to this contribution)

My Lords, once again I thank the Minister for his contribution and will reflect on it when we por...

Lord McKenzie of Luton | 791 c321 (Link to this contribution)

Moved by

Lord McKenzie of Luton

26: Clause 2, page 3, line 18, at the end insert—

...
Lord McKenzie of Luton | 791 c321 (Link to this contribution)

My Lords, this is a very straightforward amendment. We know that legal costs are unrecoverable in...

Lord Marks of Henley-on-Thames | 791 cc321-3 (Link to this contribution)

My Lords, I have three amendments in this group: Amendments 27, 47 and 52. Amendment 27 seeks a r...

Baroness Berridge | 791 cc322-4 (Link to this contribution)

My Lords, I have added my name to Amendments 27, 47 and 52, to which the noble Lord, Lord Marks, ...

Lord Bassam of Brighton | 791 cc324-6 (Link to this contribution)

My Lords, I am much heartened by what the noble Baroness, Lady Berridge, said because my Amendmen...

Baroness Primarolo | 791 c326 (Link to this contribution)

When the Minister considers in the round the comments made by other noble Lords, will he undertak...

Lord Keen of Elie | 791 cc326-7 (Link to this contribution)

My Lords, perhaps I may begin with Amendment 26, as put forward by the noble Lord, Lord Beecham, ...

Lord Bassam of Brighton | 791 c327 (Link to this contribution)

Can the Minister assure me that there will be consultation with the trades unions? Given the case...

Lord Keen of Elie | 791 c327 (Link to this contribution)

Trades unions’ experience is, essentially, filtered through claimant solicitors such as Thompsons...

Lord McKenzie of Luton | 791 c328 (Link to this contribution)

My Lords, I beg leave to withdraw the amendment.

Lord Hodgson of Astley Abbotts | 791 c328 (Link to this contribution)

Moved by

Lord Hodgson of Astley Abbotts

35: Clause 3, page 4, line 5, after “percenta...

Lord Hodgson of Astley Abbotts | 791 cc328-9 (Link to this contribution)

My Lords, at this stage in proceedings on the Bill most of the ground has been pretty extensively...

Lord Beecham | 791 c329 (Link to this contribution)

My Lords, I am a little concerned at the degree to which political considerations are supposed ov...

Lord Keen of Elie | 791 c329 (Link to this contribution)

My Lords, I am obliged to my noble friend Lord Hodgson for his amendment. I understand the intent...

Lord Hodgson of Astley Abbotts | 791 c329 (Link to this contribution)

I thank my noble and learned friend for that reply. It was not entirely unexpected. I say to the ...

Lord Beecham | 791 c329 (Link to this contribution)

Moved by

Lord Beecham

39: Clause 4, page 4, line 27, after “injury” insert “provided ...

Lord Beecham | 791 c330 (Link to this contribution)

My Lords, the amendments in this group pray in aid, as it were, for the work of MedCo, a body set...

Lord Bassam of Brighton | 791 c330 (Link to this contribution)

There are other amendments in this group, are there not?

Lord Keen of Elie | 791 c330 (Link to this contribution)

There are indeed, and that was why I wondered at the noble Lord’s reticence. If the noble Lord wi...

Lord Bassam of Brighton | 791 cc330-1 (Link to this contribution)

I am extraordinarily grateful to the noble and learned Lord for his prompt rising, as it were, fr...

Lord Keen of Elie | 791 cc331-3 (Link to this contribution)

I am obliged to noble Lords. The amendments from the noble Lord, Lord Beecham, would place the re...

Lord Bassam of Brighton | 791 c333 (Link to this contribution)

I am grateful to the noble and learned Lord for his attempt at reassurance. I will reflect on his...

Lord Keen of Elie | 791 c333 (Link to this contribution)

I quite understand the noble Lord’s concern, and I would be willing to consider any further amend...

Lord Beecham | 791 c333 (Link to this contribution)

I am obliged to the Minister for his invitation, which I will certainly take up. The intention of...

Lord McKenzie of Luton | 791 c333 (Link to this contribution)

Moved by

Lord McKenzie of Luton

43: Clause 6, page 5, line 31, at end insert—

“...

Lord McKenzie of Luton | 791 cc333-4 (Link to this contribution)

My Lords, I shall also speak to our other amendments in this group. Amendment 43 requires that re...

Earl of Kinnoull | 791 cc334-5 (Link to this contribution)

My Lords, my own solution to the problem of the promise that the insurance industry has given is ...

Baroness Berridge | 791 cc335-7 (Link to this contribution)

I rise briefly to speak to the amendments I have in this group, which refer to a report by the FC...

Lord Marks of Henley-on-Thames | 791 cc337-8 (Link to this contribution)

My Lords, I first speak to Amendment 53 in this group, which deals with passing savings to insure...

Lord Hodgson of Astley Abbotts | 791 c338 (Link to this contribution)

My Lords, my name is down to Amendment 46, moved by the noble Earl. I entirely support what was s...

Lord Keen of Elie | 791 cc339-340 (Link to this contribution)

My Lords, clearly these amendments are directed primarily at two areas: first, the review or regu...

Lord McKenzie of Luton | 791 c340 (Link to this contribution)

My Lords, I thank the Minister for that detailed reply. I am sure that these are matters to which...

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