This is a simple probing amendment. On the previous amendment my argument rested in part on new subsection (7), which I suggested says that any decisions surrounding these functions are construed to be decisions made by the Secretary of State. However, new subsection (8), to which the amendment refers, contains exclusions; anything done or omitted does not apply to so much of the contract as relates to the exercise of functions. In other words, that is a matter for the contractor and the contractor alone, and that is fair enough. It is also fair enough that any court proceedings brought as a result of anything done by the contractor, his employee, his subcontractor or whatever, which I assume includes subcontractors, are to be against the contractor rather than the Secretary of State. But subsection (8) of new Section 2G does not appear to say that. It seems to me to say that "criminal proceedings" are for the contractor alone. Where does that leave proceedings for civil action? Does not this lacuna mean that they are to be the province of the Secretary of State? Two questions therefore arise. First, is my interpretation correct? Secondly, why does it refer only to criminal proceedings and not all court proceedingsāperhaps tort proceedings for negligence, breaches of contract or administrative law, for example. I beg to move.
Welfare Reform Bill
Proceeding contribution from
Lord Skelmersdale
(Conservative)
in the House of Lords on Thursday, 18 June 2009.
It occurred during Debate on bills
and
Committee proceeding on Welfare Reform Bill.
Type
Proceeding contribution
Reference
711 c338GC 
Session
2008-09
Chamber / Committee
House of Lords Grand Committee
Subjects
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Timestamp
2024-04-22 02:05:44 +0100
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