Social Action, Responsibility and Heroism Bill

Debate between Lord Garnier and Shailesh Vara

Monday 20th October 2014 Commons Chamber

[Mr Vara]

As the hon. Member for Hammersmith (Mr Slaughter) said, the issues were debated at length in Committee; indeed, notwithstanding our very thorough debate on the Bill, three sittings were left spare. Given the track record of the Labour Government, the Opposition’s claim that the Bill is unnecessary is extraordinary.

The hon. Members for Hammersmith and for Barnsley Central (Dan Jarvis) have tabled several amendments in relation to clauses 3 and 4. Let me respond first in relation to amendment 5, which would remove clause 3 from the Bill, and explain why it is important for the clause as a whole to be retained. I will then deal with the other amendments.

Clause 3 provides that a court, when considering a claim for negligence or breach of a relevant statutory duty, must have regard to whether the defendant, in carrying out the activity in which the alleged negligence or breach occurred, demonstrated a generally responsible approach towards protecting the safety or other interests of others.

The core aim of the clause is to provide reassurance to ordinary hard-working people who have adopted a generally responsible approach towards the safety or other interests of others during the course of an activity that the courts will always take that into account in the event of something going wrong and their being sued. We also hope that, by showing them that the law is on their side, the clause will give them greater confidence in standing up to opportunistic and speculative claims.

The need for that measure is amply illustrated by the evidence provided to the Committee by, for example, voluntary organisations and the emergency services. The damaging effects of the fear of litigation on people’s willingness to volunteer, and the propensity of some involved in accidents to bring opportunistic and spurious claims, were emphasised.

I am sure that the House will be surprised and indeed appalled by the example given by the Cheshire fire and rescue service, which has been sued by passers-by who have tripped over hoses being unwound by firemen to extinguish a fire. Those rescue workers were clearly acting in an emergency and their priority was to reach anybody who might be inside a burning building—[Interruption.] Opposition Members may smile and laugh, but that case is absolutely true.

The Government believe that it must be right in such cases to require the courts to take into account the general approach of the defendant towards safety during the course of the activity in question.

[Sir Edward Garnier (Harborough) (Con)]

I am both fascinated and amazed by the hosepipe case. Does my hon. Friend know what happened to that claim?

--- Later in debate ---

[Mr Vara]

My hon. Friend will appreciate that hypothetical examples are somewhat redundant, given that I mentioned earlier the independence of the judiciary, and that it is for the courts to decide on the facts of each case. I cannot stand at the Dispatch Box and predict specific circumstances. It is for the court to take account of the specific facts in a specific case.

We do not consider that the clause will be misinterpreted by the courts or the public as somehow excluding people who did in fact have regard to their own safety or other interests, perhaps in the split second before they dived in, but decided to intervene anyway. Nor do we think that it would be interpreted as sending a signal that members of the public should recklessly expose themselves to danger. We think that the wording and intention of the clauses are clear, and, on balance, we do not think that the amendment is necessary. I hope that on the basis of my explanation, the hon. Member for Hammersmith will be persuaded to withdraw the amendment. In the event that he wishes to press amendment 5, which would delete clause 3, I would urge the House to reject it.

[Sir Edward Garnier]

rose—