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.