UK Parliament / Open data

Civil Liability Bill [HL]

Lords committee stage second day. Amendments to clause 8 debated and withdrawn. Other amendments not moved. Clauses 8 to 12 agreed to. Bill reported without amendment.

About these Parliamentary proceedings

Reference

791 cc609-670 

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
Deposited Paper DEP2018-0531
Thursday, 24 May 2018
Deposited papers
House of Lords
Deposited Paper DEP2018-0547
Thursday, 7 June 2018
Deposited papers
House of Lords

Proceeding contributions

Lord Hodgson of Astley Abbotts | 791 c610 (Link to this contribution)

Moved by

Lord Hodgson of Astley Abbotts

55: Clause 8, page 7, line 31, at end insert—...

Lord Hodgson of Astley Abbotts | 791 cc610-2 (Link to this contribution)

My Lords, as we begin to discuss Part 2, I return to an issue I raised at Second Reading: the use...


Show all contributions (81)
Lord Sharkey | 791 c611 (Link to this contribution)

My Lords, Amendment 92 in this group would require the Lord Chancellor to carry out a review of t...

Earl of Kinnoull | 791 cc611-3 (Link to this contribution)

My Lords, in supporting Amendment 55, I will speak also to Amendment 92A. I declare my interests ...

Lord Woolf | 791 cc614-5 (Link to this contribution)

My Lords, we have had great help on this subject in the preceding speeches. Perhaps I should begi...

Lord Beecham | 791 cc615-6 (Link to this contribution)

My Lords, it is a great pleasure to follow the noble and learned Lord, Lord Woolf. We very much l...

Lord Monks | 791 c616 (Link to this contribution)

My Lords, I too welcome the engagement and interest of the noble and learned Lord, Lord Woolf, in...

Lord Hope of Craighead | 791 c617 (Link to this contribution)

My Lords, I want to draw attention to one or two other passages in the Government’s response, to ...

Lord Judge | 791 cc617-8 (Link to this contribution)

My Lords, I apologise to the Committee that I was not here for the first 90 seconds of what the n...

Lord Mackay of Clashfern | 791 cc618-9 (Link to this contribution)

My Lords, I am very interested and concerned in this matter because I was very concerned about it...

Lord Woolf | 791 c619 (Link to this contribution)

There is an answer to the problem that the noble and learned Lord raises. It might have implicati...

Lord Keen of Elie | 791 cc619-622 (Link to this contribution)

My Lords, I am obliged to my noble friend Lord Hodgson for setting out the background to this mat...

Lord Mackay of Clashfern | 791 c622 (Link to this contribution)

Before my noble and learned friend sits down, I understood the noble and learned Lord, Lord Woolf...

Lord Keen of Elie | 791 c622 (Link to this contribution)

We do not have that in mind. One of the concerns about such a proposal is the impact it would hav...

Lord Hodgson of Astley Abbotts | 791 cc622-3 (Link to this contribution)

My Lords, I thank my noble and learned friend for that extensive reply and other noble Lords for ...

Lord Keen of Elie | 791 c623 (Link to this contribution)

In response to my noble friend Lord Hodgson, and a point raised by the noble Lord, Lord Sharkey, ...

Lord Faulks | 791 c623 (Link to this contribution)

Moved by

Lord Faulks

56: Clause 8, page 7, line 34, at end insert—

“( ) In deci...

Lord Faulks | 791 cc624-6 (Link to this contribution)

My Lords, I begin with my declaration of interest, one I gave in Committee and at Second Reading....

Earl of Kinnoull | 791 c626 (Link to this contribution)

My Lords, I will speak extremely briefly on Amendment 57. This is merely a drafting suggestion on...

Lord Mackay of Clashfern | 791 c626 (Link to this contribution)

My Lords, I have Amendment 57A in this group, which would add the anticipated scale or amount of ...

Baroness Bowles of Berkhamsted | 791 c627 (Link to this contribution)

My Lords, I apologise for not having been able to speak at Second Reading. I will briefly interve...

Lord Beecham | 791 c627 (Link to this contribution)

My Lords, the noble and learned Lord, Lord Mackay, referred at Second Reading to Clause 8(3) and ...

Baroness Vere of Norbiton | 791 cc628-9 (Link to this contribution)

My Lords, in speaking to Amendment 56 I will speak also to Amendments 57 and 57A.

Amendment...

Lord Faulks | 791 cc629-630 (Link to this contribution)

I am very grateful to all those who took part in the debate and to the Minister for her informati...

Earl of Kinnoull | 791 c630 (Link to this contribution)

Moved by

The Earl of Kinnoull

58: Clause 8, page 8, line 12, leave out “within the 90...

Earl of Kinnoull | 791 c630 (Link to this contribution)

My Lords, Amendment 58 and the others to which I will speak would alter the timing of the review ...

Viscount Ullswater | 791 c630 (Link to this contribution)

I must advise noble Lords that if Amendment 58 is agreed to, I cannot call Amendments 59 and 60 b...

Lord Faulks | 791 c631 (Link to this contribution)

My Lords, my amendment is Amendment 59. Everything that I would have said has been said very well...

Lord Sharkey | 791 cc631-2 (Link to this contribution)

My Lords, we have Amendments 60, 64, 67, 68 and 71 in this group. They all have the same purpose....

Lord Judge | 791 c632 (Link to this contribution)

My Lords, if we are to establish an expert panel for the review, and the Lord Chancellor has not ...

Lord Hunt of Wirral | 791 cc632-3 (Link to this contribution)

My Lords, I declare my interest as set out in the register, particularly as a partner in the glob...

Lord Beecham | 791 c633 (Link to this contribution)

My Lords, I simply wish to confirm that we on this side agree with what noble Lords have suggeste...

Lord Keen of Elie | 791 cc633-5 (Link to this contribution)

My Lords, I believe that we are as one in our desire to see these provisions brought into force a...

Earl of Kinnoull | 791 cc635-6 (Link to this contribution)

My Lords, I thank all those who have taken part in this short debate—only 22 minutes, but we have...

Lord Hodgson of Astley Abbotts | 791 c636 (Link to this contribution)

Moved by

Lord Hodgson of Astley Abbotts

61: Clause 8, page 8, line 14, leave out “wit...

Lord Hodgson of Astley Abbotts | 791 cc636-7 (Link to this contribution)

My Lords, I rise to move Amendment 61 and speak to Amendments 65, 69, 86, 90 and 91, which are co...

Viscount Ullswater | 791 c637 (Link to this contribution)

I must advise your Lordships that if the amendment is agreed to, I cannot call Amendment 62 for r...

Lord Hunt of Wirral | 791 cc637-8 (Link to this contribution)

My Lords, I rise to support Amendment 91, tabled by the noble Lord, Lord Hodgson, which is in thi...

Earl of Kinnoull | 791 c638 (Link to this contribution)

My Lords, I support the noble Lord, Lord Hodgson. A standing panel would be a great advantage to ...

Lord Sharkey | 791 cc638-640 (Link to this contribution)

I have in this group Amendments 74, 87 and 88. Amendment 74 is a probing amendment. It provides t...

Lord Faulks | 791 c640 (Link to this contribution)

My Lords, the question of whether this should be a political decision or one taken by the panel i...

Lord Mackay of Clashfern | 791 cc640-1 (Link to this contribution)

My Lords, the Act which this Bill amends gave the Lord Chancellor this power. I suppose that, at ...

Lord Hope of Craighead | 791 c641 (Link to this contribution)

My Lords, perhaps I may add a footnote to the point made by the noble Lord, Lord Faulks, in favou...

Lord Beecham | 791 c641 (Link to this contribution)

My Lords, I have two amendments in this group. They are fallback amendments, because noble Lords ...

Lord Cromwell | 791 c642 (Link to this contribution)

Was the noble Lord speaking to Amendment 77 or to Amendment 74?

Lord Beecham | 791 c642 (Link to this contribution)

I was speaking to Amendments 74, 77 and 84.

Lord Cromwell | 791 cc642-3 (Link to this contribution)

In that case, I shall speak in support of Amendment 77 and cover Amendments 82A, 85A and 90A, whi...

Lord Mackay of Clashfern | 791 c643 (Link to this contribution)

My Lords, I want to say just one thing about the nature of the Lord Chancellor’s judgment in this...

Lord Keen of Elie | 791 cc643-5 (Link to this contribution)

My Lords, I begin by acknowledging the point made by my noble and learned friend Lord Mackay of C...

Lord Sharkey | 791 c645 (Link to this contribution)

The Minister talks about the consultation and the preferences expressed there. As I think I menti...

Lord Keen of Elie | 791 cc645-7 (Link to this contribution)

I acknowledge that. As I said, the greatest number of responses were in support of that particula...

Lord Sharkey | 791 c646 (Link to this contribution)

I simply observe that I do not think lawyers have an exclusive right to exercise and run conflict...

Lord Keen of Elie | 791 cc646-650 (Link to this contribution)

Generally speaking, they are alternative arguments.

Amendment 77 would add an obligation on...

Lord Hodgson of Astley Abbotts | 791 cc649-651 (Link to this contribution)

My Lords, I am grateful to all noble Lords who have taken part in this wide-ranging debate. Perha...

Lord Faulks | 791 c651 (Link to this contribution)

Moved by

Lord Faulks

62: Clause 8, page 8, line 15, leave out “3” and insert “5”

Lord Faulks | 791 cc651-2 (Link to this contribution)

My Lords, we have had a debate effectively asking the Government to get on with the process of fi...

Earl of Kinnoull | 791 c652 (Link to this contribution)

My Lords, I shall speak very briefly to Amendments 72, 73 and 75. Essentially, the points I made ...

Lord Faulks | 791 c653 (Link to this contribution)

Does the noble Earl not accept that there is a risk that if there is such a frequent review, thos...

Earl of Kinnoull | 791 c653 (Link to this contribution)

I am sorry if I have confused the noble Lord. I am merely saying that once the review has been sp...

Lord Beecham | 791 c653 (Link to this contribution)

I am not really persuaded by the logic of the amendment of the noble Lord, Lord Faulks. It is not...

Lord Faulks | 791 c653 (Link to this contribution)

May I help the noble Lord? When you are coming up to a review period, whenever that is—whether of...

Lord Beecham | 791 c653 (Link to this contribution)

Yes, but if you bring your case a year or two before a review, whether it is a three-year or a fi...

Baroness Vere of Norbiton | 791 cc653-5 (Link to this contribution)

My Lords, the amendments in the group alter how often reviews of the rate take place and shorten ...

Lord Faulks | 791 c655 (Link to this contribution)

I am grateful, or fairly grateful, to all noble Lords who spoke in this debate. I am sorry that t...

Lord McKenzie of Luton | 791 c655 (Link to this contribution)

Moved by

Lord McKenzie of Luton

78: Clause 8, page 9, line 21, leave out “, in the op...

Lord McKenzie of Luton | 791 cc655-7 (Link to this contribution)

My Lords, I beg to move Amendment 78 and shall speak to our other amendments in the group: Amendm...

Lord Faulks | 791 cc657-8 (Link to this contribution)

My Lords, I was about to warmly welcome the noble Lord, Lord McKenzie, to our Bill until he descr...

Lord Hope of Craighead | 791 c659 (Link to this contribution)

I have one point to add to the remarks of the noble Lord, Lord McKenzie, on the effect of the dif...

Earl of Kinnoull | 791 cc659-660 (Link to this contribution)

My Lords, I will speak briefly to Amendments 80 and 81 in my name. I congratulate the noble Lord,...

Baroness Bowles of Berkhamsted | 791 cc660-2 (Link to this contribution)

My Lords, we are dealing with sensitive issues here. Nobody wants claimants to get a raw deal, bu...

Lord Hodgson of Astley Abbotts | 791 c662 (Link to this contribution)

My Lords, I will briefly support the noble Baroness, Lady Bowles of Berkhamsted, in what she just...

Lord Keen of Elie | 791 cc662-7 (Link to this contribution)

I am obliged to all noble Lords for their contributions. The noble Lord, Lord McKenzie of Luton, ...

Lord McKenzie of Luton | 791 c666 (Link to this contribution)

My Lords, I thank the Minister for that very detailed reply and all other noble Lords who have sp...

Lord Keen of Elie | 791 c666 (Link to this contribution)

I do not know whether the noble Lord wants me to respond to that but I will, very briefly, if I m...

Lord Faulks | 791 c666 (Link to this contribution)

My Lords, in practice, when these cases come before a court, particularly where there is a party ...

Lord McKenzie of Luton | 791 c668 (Link to this contribution)

I am grateful to the Minister and to the noble Lord for that education and further information. I...

Lord Hodgson of Astley Abbotts | 791 c668 (Link to this contribution)

Moved by

Lord Hodgson of Astley Abbotts

89: Clause 8, page 10, line 36, at end insert...

Lord Hodgson of Astley Abbotts | 791 cc668-9 (Link to this contribution)

My Lords, this is another “hurry up and get this thing done” amendment, as we discussed extensive...

Lord McKenzie of Luton | 791 c669 (Link to this contribution)

My Lords, we support the thrust of this amendment. Matters would have been helped had there been ...

Baroness Vere of Norbiton | 791 c669 (Link to this contribution)

My Lords, Amendment 89 would allow the Lord Chancellor to establish a panel informally before the...

Lord Hodgson of Astley Abbotts | 791 c670 (Link to this contribution)

I am grateful to my noble friend, but I am less reassured—my horse has got up and started moving ...

Back to top