My Lords, I am grateful to all noble Lords who have taken part in the debate. Given the time constraints, rather than give a speech in response, I will try to deal with the various points put to me.
My noble friends Lord Hunt of Wirral, Lord Bourne of Aberystwyth and Lord Naseby made the point that there is a risk that the regulations could be subverted by other injuries suddenly becoming the main injury. As the noble and learned Lord, Lord Hope of Craighead, mentioned, Section 3(8) of the Act provides that, where a claimant suffers injuries in addition to a whiplash injury, the court is not prevented from awarding damages that reflect the combined effect of the injuries sustained. The courts will therefore need to determine how mixed injuries are addressed. We are confident that judicial expertise will address these matters on a case-by-case basis, but we will look vigilantly to ensure that the regulations are not undermined, whether by the claims management industry or otherwise, by people reordering their claims so that minor injuries become the main part of their claim.
The noble and learned Lord, Lord Etherton, asked about legal advice. The short point is that the online system has been designed with the claimant firmly at its heart. It is a modern, user-friendly, digital system. There is guidance in the system and digitally disadvantaged claimants who cannot use it can be assisted by a dedicated telephone support centre. We will review the data produced by the system and monitor it. We will discuss the operational performance of the portal on a regular basis with a user group that includes representatives of claimants and defendants, together with third-sector and consumer representatives.
My noble friend Lady Gardner of Parkes asked about passing on savings. The short point there is that the competitive nature of the motor insurance market will ensure that savings are passed on. As she is aware, the regulations provide that insurers have to provide data to the FCA so that it can see the savings being
made. I do not want to repeat what I just said, but I assure her that we are very conscious of people who are not online and we want to make sure that they are not disfranchised.
The noble Baroness, Lady Ritchie of Downpatrick, asked about correspondence with the Lord Chief Justice. I hope I gave the Committee a fair summary of that correspondence. We do not plan formally to publish the letters received from the Lord Chief Justice. I venture to suggest that it would not be appropriate to commit to publishing the full correspondence without discussing it with the Lord Chief Justice. It is also important that these discussions can take place on a proper basis.
As to a review of the tariff system, I hope I set out in introducing the regulations that we will consider a review on the timescale that I indicated. I appreciate that the noble Baroness said that some solicitors think that the tariffs are too low. I am afraid that is a debate that we have had on a policy basis on a number of occasions and, for the reasons I set out, the Government are confident that these tariffs are appropriate and give proper compensation where injuries are properly sustained.
I hope that I have dealt with the point made by my noble friend Lord Bourne of Aberystwyth. I have already referred to the contribution from the noble and learned Lord, Lord Hope of Craighead. I very much welcome his support on this matter.
The noble Lord, Lord Bhatia, asked about medical reports. I assure the Committee that the online system is fully integrated with MedCo, so that once a liability decision has been received by the at-fault insurer, claimants can proceed through the system to obtain their report from an accredited medical expert. Importantly, if the at-fault insurer has accepted any portion of liability, it will also pay for that report. We have worked very closely with MedCo to ensure that reports are presented in an accessible, user-friendly format, while continuing to include all necessary information on the claimant’s injury and prognosis. As I said, we will ensure that unrepresented claimants are fully supported through the process.
The noble and learned Lord, Lord Thomas of Cwmgiedd, asked a number of questions, first about the online system. The noble and learned Lord referred in particular to unrepresented defendants; I do not know whether he actually meant unrepresented claimants, whom I have already dealt with. So far as defendants are concerned, I assure the Committee that a full programme of webinars has been undertaken where professional users can learn more about the new process and ask questions. Information has been regularly disseminated through an e-shot programme and through social media channels such as LinkedIn and YouTube, and additional information pages will shortly be available on GOV.UK. Third-sector organisations have been taught about the new online service and, therefore, they will be able to signpost people to it. I am confident that, once the system is up and running, it will run well. I hope I have also dealt with the noble and learned Lord’s points about the tariff and a review of the system; I have sought to make the government position clear on that, and also on the data point. If I
have misunderstood his focus, as to defendants or claimants, I will perhaps write to him to set out the position in more detail.
The noble Lord, Lord Bradshaw, regretted that it had taken so long. I am very conscious that this debate precedes my involvement in it by some years. All I can say is that we have got here, and the regulations will be up and running shortly—better late than never. The important thing now is to make sure that they work properly and fairly, and that is certainly what we will do. I am absolutely alive to the fact that there is a claims management industry, and that it will shift its focus. We will be equally vigilant to ensure that the purpose of these regulations is not undermined.
I therefore welcome—if I may say—the support in principle for the aims of the regulations from the noble Lord, Lord Ponsonby of Shulbrede. He asked me six questions in a rat-a-tat way. Let me give equally speedy responses, because I understand that we are all limited for time. First, I hope I have dealt with mixed claims; that is a Section 3(8) issue. On the 20% uplift, all I really want to say is that the word used in the statute is “exceptional”. I do not think it is appropriate for me to gloss that word, especially as we now have Pepper v Hart, so I will just say that it is an ordinary English word and falls to be interpreted in the normal way.
Thirdly, on the portal, I can assure the noble Lord that data is secure. I have already explained, I hope, the timing of the review. We will keep the question of its extent and timing under review, and we will look at it in a year’s time, as I said. I am afraid I did not quite understand the point about an inconsistency in application; I appreciate it was not the noble Lord’s point, but he was passing it on. The whole point here is that we have a tariff, so similar injuries really ought to be dealt with in a very similar way. If those who passed the question on to him are not satisfied with my answer, perhaps he will reformulate the question to me—and if he does, I am happy to provide a written response. But there should not be inconsistency, because we have a tariff. The fifth point was that there would be an incentive to claim that the minor injury is in fact the main one; I hope I have dealt with that already. The noble Lord’s last substantive question was on the review, and I hope I have dealt with that as well.
I apologise for running through this at something of a pace, but I have only 10 minutes, of which I have about 15 seconds left. I hope that I have dealt with all contributions. I will check the Official Report and write if I have not, but otherwise I respectfully commend these regulations to the Committee.