Clause 2

Part of Welfare Reform Bill – in a Public Bill Committee at 5:00 pm on 24th February 2009.

Alert me about debates like this

Photo of James Clappison James Clappison Shadow Spokesperson (Work and Pensions) 5:00 pm, 24th February 2009

The Minister is doing a good job of giving an explanation of this. I invite his attention and, perhaps appropriately, his reflection, because it raises legal issues, on another aspect of this. That is the possible liability of the external provider to a claimant where the external provider may have been negligent in discharging his duties to the claimant. Would this serve to exclude the Secretary of State from liability for the same negligence where the external provider had been negligent to the claimant? While the claimant may have an action against the external provider, issues could arise if the external provider, through any circumstances, came to be in a position to be unable to meet any claim that was brought against him by the claimant. In those circumstances, would the claimant have a right of action against the Secretary of State, or does this serve to exclude it?