Social Action, Responsibility and Heroism Bill Debate
Full Debate: Read Full DebateJim Cunningham
Main Page: Jim Cunningham (Labour - Coventry South)Department Debates - View all Jim Cunningham's debates with the Ministry of Justice
(10 years, 5 months ago)
Commons ChamberI can absolutely give the hon. Gentleman that assurance, because this Bill is not about taking discretion from the courts. It is about deterring spurious claims and sending a message to the courts that we want them to focus on ensuring that they are on the side of the person who has done the right thing. Of course, where the wrong thing has been done, the force of the law is there to provide an appropriate remedy. However, all too often cases are brought that I think frankly should not be brought. If the hon. Gentleman talks to small businesses in his constituency, I am sure he will find many examples of firms that say, “Actually, when I get a case against me, it’s just too much of a hassle to defend it.”
I do not want to misinterpret what the right hon. Gentleman has been saying, but it seems to me that there would not be many frivolous claims, given that it is difficult to take somebody to a tribunal and that legal aid has been cut. I do not quite see what he is getting at with that aspect of his Bill.
All I can suggest is that the hon. Gentleman find a moment or two in his day to watch daytime television and see the number of adverts for firms trying to attract people who will sue when something has gone wrong—“Have you had an accident? Come and launch a case.” He needs to recognise—I am sure he has constituents in this position as well—that there are very many responsible employers who fear cases being brought against them when they have done nothing wrong. There are people who volunteer in their communities and who are worried about the legal position in which that puts them. There are people who, whenever they are faced with a spur-of-the-moment decision on whether to intervene in a crisis, are pursued by the fear that makes them ask themselves “If I do this, will I be doing the right thing?”