Medical Product Liability

Baroness Berridge Excerpts

Wednesday 16th October 2024 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

As I say, this is a matter for our colleagues in the Department of Health and I know that they will be taking these concerns into account. For the time being, all I can say is that they will be looking at the issues and coming forward with legislation that they think is most appropriate to address these issues.

[Baroness Berridge (Con)]

My Lords, I do not wish to add unnecessarily to the list of concerns, but only last week the EU, after many years, amended its product liability directive, and there is now a 25-year limit for latent personal injuries from products. We are in a position where, if you are going to market, you will potentially go to market in the UK rather than in the EU because, as the Minister said, it is not retrospective. I impress on her the urgency of this, because we are completely out of step with our EU neighbours.

[Baroness Jones of Whitchurch (Lab)]

As the noble Baroness rightly says, the EU is proposing to extend the limit for claims to 25 years in cases where the latency of a personal injury prevented the claim being brought within 10 years. As I say, this will apply only to products placed on the market following the introduction of the necessary legislation by member states. Again, I say that, sadly, it will not be retrospective, but we are of course looking at what is happening in the EU and talking to our EU partners.

Post Office Horizon: Redress

Baroness Berridge Excerpts

Tuesday 10th September 2024 Lords Chamber

[Baroness Berridge (Con)]

My Lords, I served on the Select Committee on the Inquiries Act, and, as outlined by the noble Baroness, Lady Brinton, it is clear that there are a number of schemes set up in a number of ways. Although, as in court cases, the compensation arises from very different circumstances, there could be standard tariffs or set amounts in certain instances. Can the Minister assure us that there are meetings between the departments running these schemes, and that we are not going to see headlines about the care of someone in a home, saying they got this amount from one scheme and that amount from another? We need to make sure that every avenue is sealed off, so that the compensation is fair.

[Baroness Jones of Whitchurch (Lab)]

The noble Baroness makes a very fair point. We do have a number of schemes with different eligibility criteria. We are doing everything we can to standardise them and to make sure that people are treated fairly. Of course, people are at different stages in the process. Some have already started their applications, while others have yet to do so. We are doing everything we can to make sure that everyone is treated fairly and in the way they should be, following this terrible scandal.

Employment (Allocation of Tips) Bill

Baroness Berridge Excerpts

2nd reading
Friday 3rd March 2023 Lords Chamber

[Baroness Berridge (Con)]

My Lords, I too thank my noble friend Lord Robathan for introducing this small but important Bill, especially as, like many noble Lords, I have been a receiver of tips, not only a giver. Although the loophole has been closed so that tips cannot be relied on by employers not paying the national minimum wage, tips are often given to those on that lowest lawful wage and can be a vital part of overall wages. Back in the day, it was so encouraging on a long shift in the local gastropub to open the drawer and see a number of paper notes along with the coins in the tips bowl. It really was an incentive for the rest of the shift and an extra bonus when saving for university.

It is only right to have a distribution policy that is fair and for employees, not the employer. It is often a personal payment, such as by a lone woman travelling home at night in a cab or Uber, when the driver gets you home safely and you know that they have waited until you are safely inside the building before driving off. These extra kindnesses really matter and should be rewarded personally.

I welcome, in Clause 6, that there should be a written policy to enable claims to be taken to the employment tribunal, giving employees the requisite information, but it would be good if that policy were simple enough to be on display for customers. I think Clause 6 limits it only to workers. How tips are distributed can affect whether a customer wants to give a tip. It can also change the way that tips are given. Like my noble friend Lord Robathan, I have often asked waiting staff and given cash if I am informed that they will not get a tip given by a card payment.

The Bill has also intrigued me. Although I am aware that my noble friend cannot answer the following question directly, I ask: what happens to gratuities added to bills paid by card in the dining rooms or guest rooms in Parliament? I hope that he will pass that question to the relevant authorities so that noble Lords will know the answer.

I agree with the noble Lord, Lord Browne, that it is sad to note the many commitments that have been made on this matter. I particularly cite October 2018, when the Conservative Party made a commitment to bring this into law, but it has taken four and a half years since then to legislate. It is also sad to note that it is necessary to use the law to achieve what should be normal employer behaviour. As my noble friend said, what is there not to like? Many or most employers, apparently including Uber, pass on tips paid electronically, but it is not always the case.

Sadly, the compensation orders against rogue employers, in Clause 8, might not be enough. I hope that the media will keep a watchful eye, as it is really only their revelations, with the transparency they give and the shame attended to them, that bring about the best sanctions. I anticipate that we will see some class actions brought in response to enable employees to have their requisite compensation orders and get their money back. I welcome the Bill and hope that it has a swift passage through Parliament.