Insurance Industry: Whiplash

Debate between Lord Faulks and Lord Dubs

Tuesday 1st March 2016 Lords Chamber

[Lord Faulks]

My noble friend is, of course, absolutely right. The Government are determined to stamp down on this. Legislation is already in place, primarily enforced by the Information Commissioner’s Office. The Government have recently consulted on bringing forward secondary legislation to require all direct marketing callers to provide their calling line identification. Individuals can have a Telephone Preference Service installed on their telephones and we are also exploring the possibility of call-blocking devices for vulnerable consumers.

When somebody rings me, as they do from time to time, inviting me to take part in a fraud, I endeavour to extract details from them without revealing the position I hold. Unfortunately, my voice appears to cause them only to put down the phone.

[Lord Dubs (Lab)]

My Lords, will the Minister confirm that the rate of whiplash claims in Britain is 20 times as high as it is in France? Have we something to learn from our friends across the channel?

[Lord Faulks]

It is surprising that that comparison should take place at this particular time in the political weather. The noble Lord is quite right. Some 9%, or 225,000, of bodily injuries in France were whiplash, but 76%, or 375,000, in the United Kingdom were.

Human Rights: UK Application

Debate between Lord Faulks and Lord Dubs

Wednesday 18th November 2015 Lords Chamber

[Lord Faulks]

The question of uniformity is difficult. Although the European Court of Human Rights maintains certain core standards, it nevertheless acknowledges a margin of appreciation for all members of the Council of Europe. We may well feel that some countries respect these better than others, but unless there is a violation of a convention right, that is a matter for the individual country.

[Lord Dubs (Lab)]

My Lords, it is many years since the Good Friday agreement. Surely the British Government have an obligation as regards a Bill of Rights for Northern Ireland. Have not we dragged our heels for far too long? I know that there are difficulties among the parties, but surely the British Government should take the initiative.

[Lord Faulks]

Once again, the question is not exclusively for the British Government. While the British Government are anxious to see the protection of human rights here, in Northern Ireland and in Ireland as a whole, it is also a matter for others.

Ministerial Code

Debate between Lord Faulks and Lord Dubs

Tuesday 3rd November 2015 Lords Chamber

[Lord Dubs]

To ask Her Majesty’s Government why they have changed the Ministerial Code.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, the Ministerial Code is normally updated and reissued after a general election. The updated code makes it clear that Ministers must abide by the law. The obligations on Ministers under the law, including international law, remain unchanged.

[Lord Dubs (Lab)]

My Lords, it is somewhat puzzling for the Government to make quite a significant change in the code and for the Minister to say that it makes no difference. Some of us wonder why the change has been made at all—if it had not, the Minister would not have had to answer this Question and others on this. As an annexe to the Ministerial Code, there are seven principles of public life, one of which is openness. If Ministers have to show openness, why can the Government not show openness on this?

[Lord Faulks]

The Government are showing openness. The Ministerial Code is available for all to see. It is normal for there to be a variation of the Ministerial Code, just as there is with the Civil Service Code from time to time. For example, the noble Lord may be aware that the Civil Service Code changed from 1999 to 2006. In 1999 it included,

“the duty to comply with the law, including international law and treaty obligations, and to uphold the administration of justice … together with the duty to familiarise themselves with the contents of this Code”.

That became much shorter in 2009. The updated code says:

“You must … comply with the law and uphold the administration of justice”.

Prisons

Debate between Lord Faulks and Lord Dubs

Thursday 26th March 2015 Lords Chamber

[Lord Faulks]

The noble and learned Lord’s report on Strangeways, some 25 years ago, identified a number of things that were wrong with our prison system. I am sure that the noble Lord would agree, as indeed would the party opposite, that there have been significant changes and improvements in our prison system since. For example, there is no slopping out, there are much better conditions in cells, overcrowding is at its lowest level since 2007, prisoners are doing more purposeful activity and participate more in education, and the number of people absconding has been reduced. There is no room for complacency—there will be always be challenges in the Prison Service—but I am afraid that we simply do not accept that there has been no improvement in 25 years.

[Lord Dubs (Lab)]

My Lords, is the Minister seriously saying that people who are critical of private prisons are not to be allowed to visit? Is that what the Government’s policy amounts to?

[Lord Faulks]

It certainly does not. The Government welcome constructive criticism of all sorts. We want constructive and objective criticism by the monitoring board, the inspectorate, the press and academics—all of whom are regularly given access to our prisoners. But objectivity and fair criticism, as I am sure the noble Lord will agree, are vital.