Data Protection Bill [HL]

Lord Hunt of Wirral Excerpts

Committee: 6th sitting (Hansard): House of Lords
Wednesday 22nd November 2017 Lords Chamber

Moved by

[Lord Hunt of Wirral]

170A: Clause 159, page 89, line 16, leave out “, distress and other adverse effects” and insert “and distress”

[Lord Hunt of Wirral (Con)]

My Lords, I declare my interests as set out in the register, in particular as a partner in the global commercial law firm DAC Beachcroft LLP and as chair of the British Insurance Brokers’ Association.

In debates on the Financial Guidance and Claims Bill, yesterday and on previous days, noble Lords from all sides of the House expressed profound concern and distaste about the damage wreaked by the so-called compensation culture. What is now widely, perhaps universally, recognised is that the compensation culture is driven not by the legitimate claims of those who have been genuinely wronged and suffered damage or loss but by an utterly cynical industry that operates as a fast-moving profit-driven roadshow, exploiting every possible weakness in legislation and every loose judgment of the courts. The compensation system is like a roof that will always leak and this compensation roadshow, motivated purely by financial gain and entirely heedless of the damage it wreaks upon society, is like the relentless rain that will find every crack and gap—even the tiniest hole—and just pour in. Some years ago, I discussed this matter with a senior senator in the United States. I shall never forget his words to me: “The compensation culture is destroying the civility of civil society”.

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[Lord Hunt of Wirral]

My Lords, I am very grateful to my noble friend Lord Lucas. Together we have been trying to ensure that real victims get justice but that we do not create a market for those who fasten on to discomfort and distress to make money themselves, often with no qualifications at all in the whole arena. That is why I believe my noble friend is so right when he says we have to scrutinise everything that we pass now to ensure that it does not open the door to further claims.

I thank the noble Lord, Lord Griffiths of Burry Port, for his very kind remarks, which I much appreciate—whether I have penetrated his roof, as he described it, I am not quite sure, but I certainly got through and I am grateful to him for acknowledging that. I also thank my noble friend Lady Neville-Rolfe, with her great experience in the private and commercial sector. It is right to remind ourselves of what has happened in the past and ensure that we do not create the same problems for ourselves in the future.

I am of course grateful to my noble friend the Minister; I believe my noble friend Lady Chisholm of Owlpen has given me all I was hoping for in the context of this debate in Committee. I would just like her to question those who drafted these words over whether they are right in saying, “All it does is clarify”. It does not. Why do we need to add words that are not there in the first place? I understand that we need to rectify Section 13 of the 1998 Act in light of the new legislation, but can we please find a better way to do so without at the same time opening the door to all these additional claims that might well arise unless we are vigilant and stop them before the legislation becomes part of an Act of Parliament? I am grateful to the Minister and beg leave to withdraw the amendment.

Amendment 170A withdrawn.