Whiplash Injury (Amendment) Regulations 2025

Debate between Lord Sandhurst and Lord Jones

Tuesday 6th May 2025 Grand Committee

[Lord Jones (Lab)]

My Lords, it is good to follow the noble Lord, Lord Marks, and his committed statement. I thank the Minister for his helpful and thoughtful introduction.

I rise on the principle that the Executive should be held to account—in this instance briefly and positively—and to acknowledge that it is traditional to get orders and regulations through in the way we do, week in, week out in your Lordships’ House. The usual channels usually get it right, but so often our regulations and orders affect thousands or millions of people. Perhaps more of them should have been debated more closely, sometimes even in the Chamber.

However, having read the declaration in the informative Explanatory Memorandum, who would wish to challenge these regulations? The Minister in another place is a KC, and we have the deputy director for civil justice and law policy at the Ministry of Justice, and the most persuasive and courteous of Ministers in your Lordships’ House—and the instrument is laid by command of His Majesty.

I support and welcome the regulations, which offer increased amounts. This and only this differentiates them from the 2021 regulations. The legal framework has not changed. If lower premiums follow, so much the better, but one notes that premiums are imposed by the insurance industry, which does not always deliver on what it infers should be the case.

Can the Minister indicate how many whiplash cases entered our courts in, say, 2022 and 2023? That response may come later, rather than here and now, but can he reference in it the numbers for Wales, as well as those for England? Does the department have any rough estimate—for that is all it can be—of the percentage of likely fraudulent and contrived cases that enter our courts?

[Lord Sandhurst (Con)]

My Lords, as the Minister outlined, these regulations follow the Government’s statutory review of the Whiplash Injury Regulations 2021. The proposed amendments would increase compensation for whiplash injuries occurring on or after 31 May 2025 from 14% to 15% across all tariff bands. This increase is intended, as we have heard, to reflect inflation since the original tariffs were introduced. It includes a forecasted buffer to cover inflation over the next three years.

The whiplash tariff system introduced by the previous Conservative Administration was aimed at reducing the number and cost of minor injury claims and lowering motor insurance premiums. It introduced fixed compensation levels for whiplash injuries sustained in road traffic accidents and moved away from case-by-case judicial assessment. The structure of the tariff is not altered by this instrument; what changes is the monetary value assigned to each tariff band. The uplift of 15% is designed to reflect inflation since 2021; it includes a buffer to account for expected inflation until the next statutory review, scheduled for 2027.

In principle, we support this change. It is reasonable that compensation should keep pace with the cost of living. We also welcome the Ministry of Justice’s stated intention to work with MedCo to improve the quality and consistency of medical reporting. Reliable, clear medical evidence is essential to the fair operation of this system, but we have some questions and concerns.

This instrument introduces a significant and untested change in how compensation levels are set. Rather than updating tariff figures in legislation, as had been the practice, this uplift includes a forward-looking inflation buffer based on economic forecasts. As the Secondary Legislation Scrutiny Committee pointed out, this is without precedent: no other statutory compensation scheme relies on forecasted inflation in this way. Forecasts, as we know, are often subject to revision and uncertainty. There is a real risk that this buffer may underestimate actual inflation, leaving claimants undercompensated over time. I would therefore be grateful if the Minister could provide clarity on this point. What assurances can be given that the inflation buffer will be accurate and what mechanism will be in place to ensure that claimants are not short-changed if those forecasts prove incorrect?

In addition, we are concerned about how the Government have represented feedback from their public consultation. The Secondary Legislation Scrutiny Committee made it clear that over 90% of respondents opposed the buffer model. That is not a mixed view, even if the reasons given differed; it is, in fact, an overwhelmingly critical view.

We also note continuing concerns raised by third parties. The Motor Accident Solicitors Society, for example, said that the tariff system and the official injury claims portal have damaged access to justice, particularly for those unfamiliar with legal processes or without representation. It also argues that the original tariff amounts were too low—significantly lower than those typically awarded under Judicial College guidelines for comparable injuries outside a motor vehicle context. While this instrument focuses narrowly on adjusting tariff levels, it is part of a much wider macro-reform framework that remains highly contentious.

In conclusion, we support the uplift proposal in this instrument; ensuring that compensation keeps pace with inflation is necessary and fair. However, this policy cannot be left to run on autopilot. It must be subject to scrutiny, accountability and, where necessary, reform. We will support this instrument today, but we will continue to monitor closely whether the whiplash reforms are delivering on their promises of fairness, accessibility and justice.

Licensing Act 2003 (Victory in Europe Day Licensing Hours) Order 2025

Debate between Lord Sandhurst and Lord Jones

Tuesday 6th May 2025 Grand Committee

[Lord Jones (Lab)]

My Lords, I thank the Minister for his helpful and instructive introduction and wish well the aims of this order. Saturday’s great London parade ending at the palace was a magnificent event, helping towards national unity, pride and patriotism. I recall my father’s return from Burma with his star in November 1945—there were difficulties in getting a great army back home from far away as speedily as possible.

Our service men and women displayed and paraded on Saturday brilliantly alongside the flag-flying Ukrainian guests. Surely, after the parade, many of the huge crowds and millions watching on television sought to sink a pint or two. As an Army veteran and president of our RBL branch, I am certain that many pints will be sunk on 8 and 9 May. We can generate quite a thirst in Wales when the occasion arises. This surely shall be one. I have marched in many remembrance parades— at least some 45. In several, I marched with a then constituent who wore his medals of two world wars. He was a lovely man and he invited me into his home.

Strangely, some 60 years ago, Wales organised a referendum for or against Sunday opening—for Sundays were supposedly to be dry in Wales, presumably to encourage attendance at church, chapel and other places of worship. The referendum delivered a resounding “No” to opening, so tired, red-faced, ageing men with large stomachs took the Sunday bus that ran across the Wales-England border to quench their thirst in the then attractively wet England. Our local bus ran to Chester. We in Wales still have a lingering gift for whitewash and hypocrisy—but only skin deep, of course.

I recollect the Minister’s superb tenure and many years as Member of Parliament for Delyn. He was much admired as a vigorous and successful constituency man and a friendly and approachable Member of Parliament, just as he now is as a Minister in your Lordships’ House. We have shared a pint or two together over the years.

[Lord Sandhurst (Con)]

My Lords, I thank the Minister for his introduction. Like others, I rise with humility and respect as we mark the 80th anniversary of victory in Europe and, to come, victory over Japan. These are two defining moments in both our national story and the wider history of the free world. This anniversary offers a rare and precious opportunity, perhaps one of the last, for living veterans to share their memories first hand. It is a moment for us as a nation to come together across generations and communities to honour the service and sacrifice of all those who fought, served and contributed to the war effort.

In this, I hope that noble Lords will forgive me for including my late father, who joined the Royal Air Force on 4 September 1939, his 19th birthday. He was very fortunate to survive: he served on 43 operations in Bomber Command over enemy territory, the last of them in November 1944. He was awarded the Distinguished Flying Cross. He was, he thought, a very lucky survivor. He told me that he could not believe he was still alive at the end of the war. He always marched proudly with his medals in thanksgiving parades, and he never forgot those with whom he served.

Whether in mourning, reflection or celebration, coming together is a time-honoured tradition in Britain. It has long helped us to connect with one another and with our shared history. I therefore welcome the Government’s recognition of the central role that public houses and hospitality venues play in marking national moments such as these. The extension of licensing hours is a small but real gesture that will allow communities across the country to gather, reflect and raise a glass in tribute. Indeed, many of these same establishments were open on the very day that peace was declared. The London Museum hosts a wonderful collection of photographs from the 1945 celebrations. I encourage all noble Lords to visit its dedicated website and take a moment to reflect on those scenes of spontaneous joy and national unity.

We are especially pleased to see the Government place strong emphasis on remembering the contributions of the Commonwealth. Millions from India, Africa, the Caribbean, Australasia, Canada and others further away stood shoulder to shoulder with Britain. They volunteered and they fought. Many made the ultimate sacrifice. Their bravery and commitment are and were integral to the victory we commemorate today and tomorrow, and they must always hold a central place in our national memory.

This statutory instrument enables a broad, inclusive and ambitious programme of commemorative events, from military processions and national services to cultural initiatives, educational programmes and grass-roots street parties. This is a comprehensive and thoughtful approach. We welcome the Government’s vision: a commemoration that is both solemn and celebratory, which reflects our veterans while ensuring that their stories and values are passed on to a new generation.

We are particularly encouraged by the Government’s commitment to inclusivity, ensuring that these commemorations recognise not only the European and Middle Eastern theatre but the Far East and the global scale of that conflict. The previous Conservative Government’s allocation of £1 million to establish a memorial to the Muslim soldiers who died in both world wars is a testament to our ongoing commitment to recognising the diverse faiths and communities who served this nation in its hour of need.

The recognition of the so-called Forgotten Army in Burma and the efforts to honour the many backgrounds, beliefs and nationalities represented in our forces mark a vital and long overdue step toward a fuller and more accurate reflection of Britain’s wartime experience.

As we commemorate these historic anniversaries, let us do so with pride, gratitude and in unity, remembering not only the victory but the values and sacrifices that made it possible.