Consumer Rights Bill

Lord Geddes Excerpts

Monday 20th October 2014 Grand Committee

[The Deputy Speaker (Lord Geddes) (Con)]

My Lords, it is now 6.23 pm. At least, it is according to the Annunciator, not the Clock; we should not rely on the Clock. I cut the noble Baroness, Lady Neville-Rolfe, off in her prime. Perhaps she would like to continue.

[Baroness Neville-Rolfe]

My Lords, I had finished explaining the background to what we were seeking to achieve, which is important for the Committee to understand and for the record because of the original nature of the discussions on online. However, my noble friend Lord Clement-Jones was particularly concerned about emergency security updates. He rightly emphasised that they need to be carried out with great speed and that some consumers could suffer minor damage.

The position as the Government see it is as follows. The consumer has to demonstrate that the trader failed to use reasonable care and skill to prevent the damage. We would expect that all reputable traders in this area would use reasonable care and skill as a matter of course, even for security updates that obviously have to be released rapidly. However, what constitutes reasonable care and skill for urgent security updates would be judged against the normal industry standards in that context, not against the standards for regular updates.

I sympathise with my noble friend’s concerns about traders facing claims concerning minor damage caused to a few consumers during the process of an emergency update. However, if the trader has used reasonable care and skill, given the context, I would not expect that Clause 46 would be engaged. I therefore ask my noble friend to withdraw the amendment.