UK Parliament / Open data

Compensation Bill [HL]

Debate on bills on Tuesday, 7 March 2006, in the House of Lords.
Compensation Bill (HL). Lords Report stage (HL Bill 83 2005-06)
Type
Parliamentary proceeding
Reference
679 c644-725 
Session
2005-06
Department
Department for Constitutional Affairs
Legislative stage
Report stage
Procedure
New clauses
Chamber / Committee
House of Lords chamber
Related items
Compensation Bill (HL). As amended in Grand Committee.
Wednesday, 25 January 2006
Bills
House of Lords
Proceeding contributions
Lord Hunt of Wirral | 679 c645-6 (Link to this contribution) My Lords, I warmly welcome these amendments. This will come as no surprise to the noble Baroness; as...
Baroness Ashton of Upholland | 679 c655-6 (Link to this contribution) My Lords, I am extremely grateful to the noble Lord, Lord Hunt, because I know that he has spent a g...

Show all contributions (141)
Viscount Eccles | 679 c650-1 (Link to this contribution) My Lords, I rise to dissent from the opinion expressed by my noble friend Lord Lucas and to support ...
Lord Ackner | 679 c650 (Link to this contribution) My Lords, I respectfully seek to support what the noble Lord, Lord Goodhart, has said—which is in fo...
Lord Goodhart | 679 c647-9 (Link to this contribution) moved Amendment No. 3: Leave out Clause 1. The noble Lord said: My Lords, this is a serious point ...
Lord Goodhart | 679 c646-7 (Link to this contribution) My Lords, I endorse everything the noble Lord, Lord Hunt of Wirral, has said. I think the amendments...
Baroness Ashton of Upholland | 679 c664-5 (Link to this contribution) My Lords, I must begin by saying that I am sorry. I am always sorry when I would dearly like to acce...
Baroness Ashton of Upholland | 679 c665 (Link to this contribution) My Lords, this could be the moment to return to it. The principle behind the noble Viscount’s anecdo...
Viscount Bledisloe | 679 c665 (Link to this contribution) My Lords, I find it impossible to understand, given the noble Baroness’s advice, how anyone could sa...
Baroness Ashton of Upholland | 679 c666 (Link to this contribution) My Lords, I apologise to the noble Lord, as I had intended to refer to the NHS Redress Bill. That Bi...
Earl of Erroll | 679 c665 (Link to this contribution) My Lords, if I may intervene, the noble Baroness can probably answer the two points at the same time...
Lord Hunt of Wirral | 679 c666 (Link to this contribution) My Lords, this has been a very good debate. Rather like the noble Viscount, Lord Bledisloe, I cannot...
Baroness Ashton of Upholland | 679 c656 (Link to this contribution) My Lords, there will be other things later in our deliberations today. However, I also have policy r...
Earl of Erroll | 679 c656 (Link to this contribution) My Lords, before the Minister sits down, will she look at the landowners’ liability at some stage be...
Lord Goodhart | 679 c663 (Link to this contribution) My Lords, I am very sorry to hear that the noble Viscount is not going to buy me a new bicycle.
Viscount Bledisloe | 679 c663 (Link to this contribution) My Lords, I entirely agree with the noble Lord, Lord Goodhart, in applauding the idea behind the ame...
Lord Lucas | 679 c662-3 (Link to this contribution) My Lords, the noble Lord, Lord Hunt of Wirral, was kind but entirely inaccurate to attribute this am...
Lord Goodhart | 679 c661 (Link to this contribution) My Lords, I have a great deal of sympathy with the principle that the noble Lord, Lord Hunt of Wirra...
Lord Hunt of Wirral | 679 c659-61 (Link to this contribution) moved Amendment No. 4:"After Clause 1, insert the following new clause—" ““APOLOGIES, OFFERS OF TR...
Lord Hunt of Wirral | 679 c682-3 (Link to this contribution) moved Amendment No. 8:"Page 2, line 3, at end insert—" ““(   )   Where authorisation is granted to...
Baroness Ashton of Upholland | 679 c678-80 (Link to this contribution) My Lords, I am grateful for the further explanation, but we need to be cautious of some issues. I am...
Earl of Erroll | 679 c678 (Link to this contribution) My Lords, I have just been reading the health and safety advice on working at heights, to help my wi...
Lord Hunt of Wirral | 679 c680-1 (Link to this contribution) moved Amendment No. 7:"After Clause 1, insert the following new clause—" ““INTERPRETATION OF ““CLA...
Baroness Ashton of Upholland | 679 c680 (Link to this contribution) My Lords, I am happy to give the undertaking that we are talking to the TUC. I will be very happy to...
Baroness Ashton of Upholland | 679 c672-4 (Link to this contribution) I was grateful for the apology from the noble Lord, Lord Hunt of Wirral, for winning the last amendm...
Lord Hunt of Wirral | 679 c674-5 (Link to this contribution) My Lords, I am grateful to those noble Lords who have participated in the debate on this amendment. ...
Lord Hunt of Wirral | 679 c676-7 (Link to this contribution) moved Amendment No. 6:"After Clause 1, insert the following new clause—" ““INTERPRETATION OF PART ...
Earl of Erroll | 679 c677-8 (Link to this contribution) My Lords, I fear that I beg to disagree with the amendment and hope that it does not go through. Cla...
Baroness Ashton of Upholland | 679 c678 (Link to this contribution) My Lords, as we are having some changing the light-bulb analogies, I am tempted to begin with one th...
Lord Goodhart | 679 c671 (Link to this contribution) My Lords, there was no intention in Amendments Nos. 3 and 4 to change the law. In the event, we deci...
Earl of Erroll | 679 c671-2 (Link to this contribution) My Lords, I now understand the reaction when I was talking about Amendment No. 3. I had not read thi...
Viscount Eccles | 679 c692-4 (Link to this contribution) moved Amendment No. 15A:"Page 3, line 16, leave out paragraph (a)." The noble Viscount said: My Lor...
Lord Hunt of Wirral | 679 c692 (Link to this contribution) My Lords, the amendment draws heavily on our debates in Grand Committee and represents a substantial...
Baroness Ashton of Upholland | 679 c691-2 (Link to this contribution) moved Amendment No. 14:"Page 3, line 3, leave out sub-paragraphs (i) to (iii) and insert—" ““(i)  ...
Lord Hunt of Wirral | 679 c691 (Link to this contribution) My Lords, I certainly am. I beg leave to withdraw the amendment. Amendment, by leave, withdrawn.
Baroness Ashton of Upholland | 679 c690-1 (Link to this contribution) My Lords, I am very pleased to see the liability insurance industry taking a real interest in the Bi...
Lord Hunt of Wirral | 679 c687 (Link to this contribution) My Lords, I am very grateful to the Minister for sharing with the House what I thought was yesterday...
Baroness Ashton of Upholland | 679 c687 (Link to this contribution) Indeed, my Lords. As the noble Lord will remember, yesterday he and I met with Ivan Lewis, Treasury ...
Lord Goodhart | 679 c685 (Link to this contribution) My Lords, while I am pleased that the Minister is not going to appoint the Claims Standards Council,...
Lord Hunt of Wirral | 679 c700 (Link to this contribution) My Lords, it does and I am. I beg leave to withdraw the amendment. Amendment, by leave, withdrawn.
Baroness Ashton of Upholland | 679 c700-1 (Link to this contribution) moved Amendment No. 20:"Page 4, line 4, at end insert—" ““(3A)   Section 2(1) shall not prevent th...
Baroness Ashton of Upholland | 679 c703 (Link to this contribution) My Lords, the noble Lord has been very generous in understanding what we seek to do, which is to ens...
Lord Goodhart | 679 c703 (Link to this contribution) My Lords, I am extremely grateful to the Minister. On Question, amendment agreed to.
Lord Goodhart | 679 c701-2 (Link to this contribution) moved Amendment No. 21:"Page 4, line 10, leave out subsection (2)." The noble Lord said: Clause 5(1...
Lord Goodhart | 679 c704-5 (Link to this contribution) moved Amendment No. 22:"Page 4, line 37, leave out ““institute criminal proceedings in respect”” and...
Baroness Ashton of Upholland | 679 c700 (Link to this contribution) My Lords, I share the noble Lord’s concern. We clearly do not want to subject individuals to double ...
Lord Hunt of Wirral | 679 c696-7 (Link to this contribution) moved Amendment No. 16:"Page 3, line 20, leave out ““try”” and insert ““take all reasonable steps””"...
Baroness Ashton of Upholland | 679 c697 (Link to this contribution) My Lords, I certainly tried as well. I tried very hard to deal with this and I am grateful to the no...
Lord Hunt of Wirral | 679 c698 (Link to this contribution) My Lords, hooray. This amendment is very welcome because it removes the last vestige of ambiguity ab...
Lord Hunt of Wirral | 679 c698-9 (Link to this contribution) My Lords, we welcome the amendment. Nobody on these Benches is in favour of diluting the arms-length...
Lord Goodhart | 679 c711 (Link to this contribution) My Lords, this is an extremely important group of amendments, and I am very pleased that the Governm...
Baroness Ashton of Upholland | 679 c709-11 (Link to this contribution) moved Amendment No. 28:"After Clause 9, insert the following new clause—" ““THE CLAIMS MANAGEMENT ...
Lord Hunt of Wirral | 679 c712 (Link to this contribution) moved, as an amendment to Amendment No. 31, Amendment No. 32:"Line 4, leave out paragraph (a) and in...
Baroness Ashton of Upholland | 679 c713 (Link to this contribution) My Lords, we think that this amendment is probably unnecessary. The regulator could not waive unless...
Baroness Ashton of Upholland | 679 c708-9 (Link to this contribution) moved Amendment No. 27:"Page 5, line 19, after ““if”” insert ““without reasonable excuse””" The nob...
Baroness Ashton of Upholland | 679 c706-7 (Link to this contribution) moved Amendment No. 23:"Page 4, line 41, leave out paragraphs (b) and (c) and insert—" (4A)   On a...
Lord Goodhart | 679 c708 (Link to this contribution) had given notice of his intention to move, as an amendment to Amendment No. 23, Amendment No. 24:"Li...
Baroness Ashton of Upholland | 679 c644-5 (Link to this contribution) moved Amendment No. 1:"Page 1, line 4, after ““negligence”” insert ““or breach of statutory duty””" ...
Earl of Erroll | 679 c651-4 (Link to this contribution) My Lords, I ought to declare a slight interest as an office-bearer in the All-Party Parliamentary Gr...
Baroness Ashton of Upholland | 679 c647 (Link to this contribution) moved Amendment No. 2:"Page 1, line 5, leave out ““the”” and insert ““a””" On Question, amendment a...
Baroness Ashton of Upholland | 679 c647 (Link to this contribution) My Lords, I am extremely grateful for the tremendous contribution that both noble Lords have made to...
Lord Lucas | 679 c649-50 (Link to this contribution) My Lords, I entirely disagree with the amendment. Clause 1 is the heart of the Bill and the part in ...
Lord Hunt of Wirral | 679 c666 (Link to this contribution) My Lords, perhaps I may finish my point. I recall that the noble Baroness said that she would report...
Baroness Ashton of Upholland | 679 c665-6 (Link to this contribution) My Lords, the common law evolves all the time, and in this legislation we have tried to ensure that ...
Lord Goodhart | 679 c656-7 (Link to this contribution) My Lords, we have had an interesting debate, in which arguments have been put forward on both sides,...
Viscount Bledisloe | 679 c663-4 (Link to this contribution) My Lords, I confess that I find it rather difficult to see the noble Lord in the particular scenario...
Earl of Erroll | 679 c661-2 (Link to this contribution) My Lords, I rise to strongly support the amendment. It is about perception. I agree with noble Lord,...
Baroness Ashton of Upholland | 679 c683 (Link to this contribution) My Lords, I have notes about the detail on the regulator, which I was going to discuss under Amendme...
Baroness Ashton of Upholland | 679 c681-2 (Link to this contribution) My Lords, the difficulty I have with the amendment is that it will be more restrictive on the courts...
Lord Hunt of Wirral | 679 c682 (Link to this contribution) My Lords, I am grateful to the Minister. We will continue to keep sending the same message. I am gra...
Lord Hunt of Wirral | 679 c680 (Link to this contribution) My Lords, I am grateful to the Minister, in particular for her reply, on which I will reflect. I beg...
Lord Hunt of Wirral | 679 c680 (Link to this contribution) My Lords, I am grateful to the Minister for that detailed response, but as I understand it the TUC s...
Lord Hunt of Wirral | 679 c666-7 (Link to this contribution) My Lords, as I understand it, the issue was explained in a way that takes it wider than that—certain...
Lord Hunt of Wirral | 679 c669-71 (Link to this contribution) moved Amendment No. 5:"After Clause 1, insert the following new clause—" ““INTERPRETATION OF PART ...
Lord Monson | 679 c672 (Link to this contribution) My Lords, I, too, have an attraction to the amendment. As I understand it, as a non-lawyer, it would...
Baroness Ashton of Upholland | 679 c694-6 (Link to this contribution) My Lords, I agree with much of what the noble Viscount has said, especially in relation to the flexi...
Lord Goodhart | 679 c692 (Link to this contribution) My Lords, I am very happy to endorse what the noble Lord, Lord Hunt of Wirral, has said. This is a c...
Baroness Ashton of Upholland | 679 c691 (Link to this contribution) moved Amendment No. 11:"Page 2, line 10, after ““damage”” insert ““or in respect of an obligation””"...
Lord Hunt of Wirral | 679 c689-90 (Link to this contribution) moved Amendment No. 10:"Page 2, line 8, at end insert ““but does not include an offer, in response t...
Lord Hunt of Wirral | 679 c689 (Link to this contribution) My Lords, we must certainly do everything we can to ensure that those operating offshore disreputabl...
Lord Hunt of Wirral | 679 c687-8 (Link to this contribution) moved Amendment No. 9:"Page 2, line 7, after second ““services”” insert ““provided to persons reside...
Lord Goodhart | 679 c688 (Link to this contribution) My Lords, I ought to make the point I made when we debated a similar amendment in Grand Committee. W...
Baroness Ashton of Upholland | 679 c688-9 (Link to this contribution) My Lords, as the noble Lord pointed out, as drafted, the issue is not the residence of the client bu...
Lord Hunt of Wirral | 679 c686-7 (Link to this contribution) My Lords, before the Minister sits down, it would be helpful if she could be a little more specific ...
Baroness Ashton of Upholland | 679 c685-6 (Link to this contribution) My Lords, I was only pausing in my speech. I was about to address that precise issue, because that i...
Lord Hunt of Wirral | 679 c683 (Link to this contribution) My Lords, I would not want the Minister to depart from her brief, because I know how dangerous it ca...
Baroness Ashton of Upholland | 679 c683-5 (Link to this contribution) My Lords, in this case I have to depart from my brief just to prove that it is not dangerous in my c...
Lord Hunt of Wirral | 679 c702-3 (Link to this contribution) My Lords, the noble Lord, Lord Goodhart, may recall that I strongly supported him on this amendment ...
Viscount Eccles | 679 c704 (Link to this contribution) My Lords, I have put down the marker, and perhaps I shall put down the same marker on another occasi...
Viscount Eccles | 679 c703 (Link to this contribution) moved Amendment No. 21A:"Page 4, line 17, leave out sub-paragraph (i)." The noble Viscount said: My...
Viscount Eccles | 679 c696 (Link to this contribution) My Lords, I thank the Minister for her reply. Your Lordships will be wise to read not only the reply...
Lord Hunt of Wirral | 679 c697 (Link to this contribution) My Lords, I am a little confused. I had understood that the Minister was going to accept the amendme...
Baroness Ashton of Upholland | 679 c697-8 (Link to this contribution) moved Amendment No. 17:"Page 3, line 33, leave out ““may”” and insert ““shall””" The noble Baroness...
Baroness Ashton of Upholland | 679 c698 (Link to this contribution) moved Amendment No. 18:"Page 3, line 42, leave out ““, or enable the Regulator to provide,””." The ...
Lord Hunt of Wirral | 679 c699-700 (Link to this contribution) moved Amendment No. 19:"Page 4, line 2, at end insert—" ““(   )   Before making an order under sub...
Lord Hunt of Wirral | 679 c711 (Link to this contribution) My Lords, I agree. On Question, amendment agreed to.
Lord Hunt of Wirral | 679 c709 (Link to this contribution) My Lords, I welcome this amendment. On Question, amendment agreed to.
Baroness Ashton of Upholland | 679 c711-2 (Link to this contribution) moved Amendment No. 29:"After Clause 9, insert the following new clause—" ““APPEALS AND REFERENCES...
Baroness Ashton of Upholland | 679 c712 (Link to this contribution) moved Amendment No. 31:"Page 8, line 11, leave out sub-paragraph (2) and insert—" ““(2)   Regulati...
Baroness Ashton of Upholland | 679 c705-6 (Link to this contribution) My Lords, I am grateful to the noble Lord, Lord Goodhart. This is an important regulatory function. ...
Lord Goodhart | 679 c706 (Link to this contribution) My Lords, does the Minister have any forecast of the number of prosecutions that are likely? I would...
Baroness Ashton of Upholland | 679 c706 (Link to this contribution) My Lords, I hope that we are looking at single figures, because the regulation will work effectively...
Lord Hunt of Wirral | 679 c708 (Link to this contribution) My Lords, I agree. [Amendment No. 24, as an amendment to Amendment No. 23, not moved.] On Question...
Baroness Ashton of Upholland | 679 c708 (Link to this contribution) moved Amendment No. 25:"Page 5, line 4, leave out paragraphs (a) and (b) and insert—" ““(a)   spec...
Lord Goodhart | 679 c706 (Link to this contribution) My Lords, I am grateful to the Minister for dealing with this amendment. I certainly have no intenti...
Lord Goodhart | 679 c707-8 (Link to this contribution) moved, as an amendment to Amendment No. 23, Amendment No. 24:"Line 2, after ““Circuit”” insert ““or ...
Lord Hunt of Wirral | 679 c713 (Link to this contribution) My Lords, I think that my best policy is now reculer pour mieux sauter. I beg leave to withdraw the ...
Baroness Ashton of Upholland | 679 c713 (Link to this contribution) moved Amendment No. 33:"Page 8, line 14, leave out paragraphs (a) and (b)." On Question, amendment ...
Baroness Ashton of Upholland | 679 c713-4 (Link to this contribution) moved Amendment No. 34:"Page 8, line 22, at end insert—" ““(2)   Regulations may, in particular, r...
Baroness Ashton of Upholland | 679 c714-5 (Link to this contribution) moved Amendment No. 35:"Page 8, line 23, leave out from ““Regulations”” to end of line 35 and insert...
Lord Hunt of Wirral | 679 c718 (Link to this contribution) My Lords, I am grateful to the noble Lord for giving way. One is particularly appalled by the advert...
Lord Borrie | 679 c717-8 (Link to this contribution) My Lords, I understand the pressures on time, but the noble Lord, Lord Hunt of Wirral, referred on a...
Lord Goodhart | 679 c716-7 (Link to this contribution) My Lords, owing to an error which I made yesterday, I arranged for Amendment No. 37—which ought to b...
Lord Hunt of Wirral | 679 c715-6 (Link to this contribution) moved, as an amendment to Amendment No. 35, Amendment No. 36:"Line 10, after ““relate”” insert ““bot...
Baroness Ashton of Upholland | 679 c719 (Link to this contribution) moved Amendments Nos. 40 and 41:"Page 9, line 4, at end insert—" ““(c)   permit the Regulator to g...
Lord Hunt of Wirral | 679 c719 (Link to this contribution) My Lords, I beg leave to withdraw the amendment. Amendment No. 36, as an amendment to Amendment No....
Baroness Ashton of Upholland | 679 c718-9 (Link to this contribution) My Lords, I am grateful to noble Lords for the opportunity to discuss many of these issues. On Amend...
Lord Borrie | 679 c718 (Link to this contribution) My Lords, I fully agree with that, and it enables me to make the distinction between the content of ...
Lord Goodhart | 679 c720 (Link to this contribution) moved Amendment No. 43:"Page 9, line 28, after ““professional”” insert ““and business””" The noble ...
Baroness Ashton of Upholland | 679 c720 (Link to this contribution) My Lords, I have also consulted legal advice on Amendments Nos. 43, 46 and 53, tabled by the noble L...
Baroness O'Cathain | 679 c720 (Link to this contribution) My Lords, why do we have the word ““profession”” at all if it is creating so much confusion? Surely ...
Lord Goodhart | 679 c721 (Link to this contribution) My Lords, I cannot say that I am wholly convinced but, given that this is far from being the most im...
Baroness Ashton of Upholland | 679 c720-1 (Link to this contribution) My Lords, we have sought to define as far as we can within legislation the group that we are seeking...
Baroness Ashton of Upholland | 679 c721 (Link to this contribution) moved Amendment No. 45:"Page 9, line 43, leave out ““may”” and insert ““shall””" The noble Baroness...
Baroness Ashton of Upholland | 679 c721 (Link to this contribution) moved Amendment No. 44:"Page 9, line 41, leave out paragraph (iii)." On Question, amendment agreed ...
Baroness Ashton of Upholland | 679 c721 (Link to this contribution) moved Amendment No. 47:"Page 10, line 10, leave out paragraph (iii)." On Question, amendment agreed...
Lord Hunt of Wirral | 679 c721 (Link to this contribution) My Lords, as I said before, hooray. On Question, amendment agreed to. [Amendment No. 46 not moved....
Baroness Ashton of Upholland | 679 c721-2 (Link to this contribution) moved Amendment No. 51:"Page 10, line 12, leave out paragraph 11 and insert—" ““11 (1)   Regulatio...
Baroness Ashton of Upholland | 679 c723 (Link to this contribution) My Lords, I am grateful to the noble Lord, Lord Goodhart, for his comments. The reason why I am not...
Lord Hunt of Wirral | 679 c723 (Link to this contribution) My Lords, that is a reason that I accept. I beg leave to withdraw the amendment. Amendment No. 52, ...
Lord Hunt of Wirral | 679 c722 (Link to this contribution) moved, as an amendment to Amendment No. 51, Amendment No. 52:"Line 2, leave out ““provide for”” and ...
Lord Goodhart | 679 c722-3 (Link to this contribution) My Lords, the Government’s amendments are very sensible, and I am very grateful to the Minister, not...
Baroness Ashton of Upholland | 679 c725 (Link to this contribution) moved Amendment No. 62:"Line 2, after ““negligence”” insert ““or breach of statutory duty””" Title,...
Baroness Ashton of Upholland | 679 c725 (Link to this contribution) moved Amendment No. 61:"Page 11, line 13, leave out from ““shall”” to end of line 17 and insert—" ...
Baroness Ashton of Upholland | 679 c724 (Link to this contribution) moved Amendments Nos. 56 to 59:"Page 10, line 34, at end insert ““and may not include payments, or o...
Baroness Ashton of Upholland | 679 c723-4 (Link to this contribution) moved Amendment No. 55:"Page 10, leave out lines 28 and 29 and insert ““a client of an authorised pe...
Lord Hunt of Wirral | 679 c724 (Link to this contribution) My Lords, I welcome this amendment. On Question, amendment agreed to.
Lord Hunt of Wirral | 679 c654-5 (Link to this contribution) My Lords, in view of what has already been said in this debate, I must draw your Lordships’ attentio...
Baroness Ashton of Upholland | 679 c703-4 (Link to this contribution) My Lords, I appreciate the concern expressed by the noble Viscount, Lord Eccles, that we ensure appr...
Subjects
Complaints
Compensation
Appeals
Courts
Damages
Civil liability
Accidents
Enforcement
Health and safety
Insurance companies
Exemptions
Ethics
Personal injury
Staff
Negligence
Standards
Schools
Training
Regulation
Trespass
Claims management services
Claims Management Services Tribunal
Legislation
Compensation Bill (HL) 2005-06
Link
View this Parliamentary proceeding on www.publications.parliament.uk
Back to top