Securitisation Regulations 2018

Debate between Baroness Laing of Elderslie and Bambos Charalambous

Wednesday 13th February 2019 Commons Chamber

[Bambos Charalambous]

I will not give way again, as I am almost at the end of my contribution.

These are important changes that Parliament needs to get right, due to the dire consequences of what went wrong in the past. These measures are opaque, unconstitutional and lacking in proper scrutiny. I invite the Government to withdraw the regulations and introduce primary legislation, to allow thorough and proper scrutiny to take place. Without such assurances, I will vote for the motion in the name of my right hon. Friend the Member for Islington North (Jeremy Corbyn) and against the Government.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call Anneliese Dodds.

Civil Liability Bill [Lords]

Debate between Baroness Laing of Elderslie and Bambos Charalambous

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 23rd October 2018 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

For the sake of clarity, yes, you may speak to new clause 2.

[Bambos Charalambous]

I support new clause 2, which is in my name and in the name of other hon. Members. I am concerned that the Bill takes away the protection for children and protected parties such as people with a mental capacity disability.

Under the current civil procedure rules, children and protected parties are required to have legal representation in court when there is a settlement following a civil claim. Children and protected parties are not excluded from the Bill as vulnerable road users. Prior to introducing the Bill, the Government gave exemptions to a small category of vulnerable road users, including cyclists and horse riders, but no such exemption was given to children or protected parties despite their being protected under rule 21 of the civil procedure rules.

The Government should exempt children and protected parties in accordance with rule 21, and the Minister’s own Department, the Ministry of Justice, is responsible for setting these rules. I raised this issue with him when the Bill was in Committee and, being a man of his word, he duly got back to me, but his response was disappointing. Part 21 of the civil procedure rules states that for a child or protected party settlement to be made it has to be with the approval of the court. The settlement has to go before a court; there is no issue of it going to a portal. For court approval, children and protected parties need legal representation.

The Minister’s response to me suggested that the insurance industry would provide legal representation and that this would solve the problem. Except there would be a clear conflict of interest if the same party were paying for the legal representation of both sides. When choosing a litigation friend for a child or protected party, one of the criteria, under paragraph 3.3 of practice direction 21, is that the party seeking to represent the child or protected party as a litigation friend should have

“no interest adverse to that of the child or protected party”.

Clearly someone who is being paid by the insurance industry against the child’s claim cannot say that they have no adverse interest.

Sometimes children will be suing their parents in a road traffic accident personal injury case, meaning that the parents will have an adverse interest and cannot act for or represent their children. By not excluding children and protected parties from this Bill, the Minister is making a mockery of the current rules that govern personal injury in England and Wales.

Why should a child be able to access legal representation in a case where they have been injured at, say, an amusement park but not when they suffer the same injuries in a road accident? As things stand, the child or protected party would still have to get a legal opinion before the court makes a settlement, but the cost of the advice would not be recoverable from the negligent defendant, or their insurer, in cases subject to the small claims tariff. Why does the Minister want to take money away from children and protected parties in order to benefit insurers?

There are complexities in these cases, and legal representation is needed more than ever in matters involving children and protected parties. I cannot understand the Government’s logic or rationale in excluding horse riders and cyclists from this Bill but not children or protected parties. Are they saying that injuries suffered by children and protected parties through no fault of their own should be treated less seriously than injuries suffered by cyclists or horse riders? This goes to the heart of the Bill, which is ill-conceived and drafted solely from the point of view of the insurance industry and not of innocent victims who make a claim.

It is shameful that the Government are willing to sacrifice the interests of innocent injured children, and to take away the protection they currently have, enshrined in law, to give the multi-billion pound insurance industry an even bigger advantage in court.

[Ruth George]

I rise to speak to amendment 1. This Bill was drafted at the behest of the insurance industry, as is clear from every speech in favour of it.

Tuition Fees

Debate between Baroness Laing of Elderslie and Bambos Charalambous

Wednesday 19th July 2017 Commons Chamber

[Bambos Charalambous (Enfield, Southgate) (Lab)]

I was lucky enough to go to Liverpool Polytechnic to study law in 1987 and have my tuition fees paid in full. I am sure many of the people here in this Chamber who went into higher education also had their fees paid. I do not know whether the prospect of having substantial debt at the end of my studies would have put me off, but it would have made me stop and think. That is the crux of the problem with tuition fees: many students from low-income families that might not even earn £20,000 a year would seriously baulk at the idea of having to pay back £50,000. With maintenance grants being replaced by loans, total student debt for those from poorer families will be much higher than for those from wealthier ones. It is therefore no accident that, on average, one in 20 freshers drops out from university every year, whereas the figure for those from poorer families is one in 12. Even when they graduate, those from poorer families earn 10% less than their wealthier peers, who find it easier to get placements and internships, and impress with CVs with better extracurricular activities. On the subject of jobs, it is also worth noting that many professions, including teaching and nursing, are struggling to recruit graduates, partly because of the low pay and the inability of graduates to pay off their loans.

Another invidious factor that arises from tuition fees and debt is that many young people are putting their lives on hold, as they have to live with their parents sometimes well into their 30s to save up enough money to buy a home of their own. That has a knock-on effect on their relationships and life choices, such as whether or not they want to start a family. It is not just young people who are affected by this; many potential mature students and part-time students have already been put off studying since 2012, when tuition fees were hiked up to £9,000. We have seen an overall decline of 61% in part-time students and 39% in mature students.

With the Institute for Fiscal Studies estimating that average student debt is £50,000 on graduation, and with 77% of students expected never to pay off their loans entirely, it is scandalous that the Government are trying to increase tuition fees at this time. They should take immediate steps to reduce tuition fees, not increase them.

We have heard that Conservative Members question Labour policy on tuition fees, but if they wanted to debate Labour party policy properly, they should have voted for our amendment on Monday to give us more Opposition days.

Question put and agreed to.

Resolved,

That this House has considered the Government's decision to increase tuition fees implemented by the Higher Education (Basic Amount) (England) Regulations 2016 (S.I., 2016, No. 1205) and the Higher Education (Higher Amount) (England) Regulations 2016 (S.I., 2016, No. 1206).

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I thank hon. Members for their self-denying ordinance. We managed, without a time limit, to come in almost exactly perfectly on time. In particular, I pay tribute to the people who have made their maiden speeches this afternoon and done so within the limits which Mr Speaker asked them to keep to. Thank you very much indeed.