Civil Liability and Personal Injury Compensation

Part of Bill Presented – in the House of Commons at 12:00 am on 17 November 1978.

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Photo of Mr Peter Archer Mr Peter Archer , Warley West 12:00, 17 November 1978

With that I wholly agree, and with that the Government are certainly in agreement.

Following from the question of strict liability, there was some debate about whether it should be financed by a form of subrogation. The Royal Commission considered subrogation and recommended against it, I think basically on two grounds: first, that having eliminated the fault this would be reintroducing it, and, secondly—and as a concomitant of it for the reason given by the hon. and learned Member for Southport—that the administrative costs and the proportion of the resources which found their way into the pockets of lawyers would escalate substantially if this were introduced. But I can see the arguments for introducing it. These were mentioned by the hon. and learned Member for Montgomery, the hon. Member for Ealing, Acton (Sir G. Young) and my hon. Friend the Member for Mitcham and Morden. That is something which we shall have to have very much in mind.

There was some discussion about the creation of elites. I was hoping to say a great deal about this, about vaccine-damaged children and the mentally handicapped—an interest which I greatly share with the right hon. and learned Member for Huntingdonshire. But now all I can do in this respect is to say something about what was said by the hon. Member for Merioneth (Mr. Thomas). The Government are certainly committed, as was apparent from the Gracious Speech, to trying to introduce some scheme in relation to pneumoconiosis as early as the questions which inevitably fall to be considered can be answered. A working group is sitting at present. It has been sitting for just over six months. I hope the hon. Gentleman will accept that many groups in history have sat for very much longer to face a very much shorter list of issues and problems. But this is not something of which we are unmindful.

I want to say something about the timetable. The right hon. Member for Wanstead and Woodford and my hon. Friend the Member for Pontypool (Mr. Abse) pointed to the importance of these decisions. They said "Care rather than urgency" and that there was no point in taking these decisions unless we got them right. My hon. and learned Friend the Member for Leicester, West said "Care and urgency" and that it was a high price to pay for avoiding errors if one never took a decision at all. All I can say is that we are very mindful of these matters.

Of course, two of the important recommendations in the report have already been overtaken by events. The case of Pickett, decided recently in another place, has already pre-empted for us two of the matters which arise—the question of the lost years and the question of interest on damages. As to the industrial injuries scheme, on which a number of these other matters fall to be decided, consultations are taking place as quickly as possible. With regard to severely handicapped children, my right hon. Friend has indicated that that will fall to be considered within the framework of what he has to decide about all the severely handicapped.

Product liability and strict liability to some extent depend on what happens in Europe, but we promise that that will not be an inescapable cause of delay.

Like every hon. Member who has contributed to the debate, I wish that there were more time. My notes are chiefly remarkable for the number of things they contain which I have not had an opportunity of saying. A large number of issues are raised by this report. In many cases, emotions run high. There are many interest groups to consult. I do not believe that we shall ever arrive at optimum arrangements. This is a continuing process and a continuing discussion. However, the report has made an important contribution and today's debate has made an equally important contribution.