Oral Answers to Questions
Debate between Shailesh Vara and Philip Davies(9 years, 3 months ago)
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Mr Vara
May I first assure the hon. Lady that this is a consultation and that no decisions have been taken so far? We want to be modern and to move into the 21st century, during which many people will simply not have to travel to courts, whatever the distances. We are moving to using video conferencing facilities, particularly for victims and witnesses. Courts are already doing that with prisoners, so the travel element will diminish.
Philip Davies (Shipley) (Con)
It is now a considerable time since the Government closed down Keighley magistrates court in Bingley in my constituency and moved the operation to Bradford. However, the magistrates court in Bingley is still lying idle, costing the Government money in maintaining it and not doing anything for the local economy in Bingley. Despite my badgering the Minister about this on many occasions, not a great deal seems to have happened. May I urge him to pull his finger out and get on with selling this building and bringing it back into use, which is much needed for the local economy?
Oral Answers to Questions
Debate between Shailesh Vara and Philip Davies(10 years ago)
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Philip Davies (Shipley) (Con)
T8. The Minister is aware of my request that the former Keighley magistrates court in Bingley be sold off as soon as possible. The failure to do so is wasting taxpayers’ money and preventing an important town centre building in Bingley from being regenerated and brought into use. There seems to have been a lot of faffing about between the Ministry of Justice and West Yorkshire police. I urge the Minister to get on with it and get the building up for sale to allow this regeneration to take place in Bingley and to save the taxpayer some money.
Social Action, Responsibility and Heroism Bill
Debate between Shailesh Vara and Philip Davies(10 years, 2 months ago)
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Mr Vara
As I said in Committee, where we debated this at length, clause 3 does make a change, for the reasons that I just gave. The purpose of the Bill is twofold. First and foremost, it directs the court to take into account certain factors that, at present, it has discretion to take into account under the Compensation Act 2006. Secondly, it sends the powerful message to members of the public who otherwise may not act in certain circumstances that the law is on their side.
On Second Reading, the hon. Member for Plymouth, Moor View (Alison Seabeck) gave the example of a time when she stepped off a bus and saw someone lying on the ground, and was told by people who were standing by that they were worried that they might be sued, and so did not want to do anything, or words to that effect. My hon. Friend the Member for Brigg and Goole (Andrew Percy) also gave an example: when he, as a first responder, went to places to give people medical attention, others were standing by, saying that they were afraid of legal consequences and were therefore not taking any risks. The legislation sends out a powerful message to the public that the law will be on their side.
We have deliberately drafted the clause broadly so that it focuses on whether the defendant demonstrated a generally responsible approach towards protecting the safety or other interests of others. This ensures that it will be relevant in a wide range of situations and will enable the courts to take account of all relevant circumstances and apply the provisions as flexibly as possible to achieve a just outcome. The clause is not restricted to personal injury claims and could in principle be applicable in relation to other instances of negligence, such as damage to property or economic loss, where issues of safety may not necessarily be relevant. That is why a broad definition has been used.
Narrowing the clause, as the amendment would, would mean that many bodies such as voluntary organisations, religious groups or social clubs which demonstrate a generally responsible approach towards protecting the safety or other interests of their clients or members would not be able to benefit from its provisions. That cannot be right.
Amendment 6 would remove part of the wording in clause 4 which clarifies what is meant by “acting heroically”. Specifically, it would remove the final words of the clause, which refer to acting
“without regard to the person’s own safety or other interests.”
I am grateful to hon. Members for tabling the amendment, as we have been considering the issue carefully in the light of similar representations made by St John Ambulance and the Fire Brigades Union during the Committee stage. St John Ambulance indicated that the wording conflicted with first aid practice that discourages first aiders from putting themselves at risk, and the Fire Brigades Union warned that the clause more generally might conflict with advice to the public not to intervene.
After giving this matter further thought, we remain of the view that the courts will interpret the words
“without regard to the person’s own safety”
in accordance with our intended meaning—that a person acts heroically by intervening to assist someone in danger, regardless of the fact that doing so might risk his or her own safety. The example I used in Committee was of a person who sees somebody struggling to stay afloat in a fast-moving current. That person might jump in to help on the spur of the moment, without first deliberating whether he might be putting his own life at risk.
Philip Davies
I do not have an objection on the same grounds as St John Ambulance or the Fire Brigades Union. My objection to the wording that the amendment deals with is that it contains an unnecessary additional hurdle. The clause does not state “or without regard”. It states “and without regard”, which introduces an unnecessary extra hurdle. Even if somebody acts heroically, they may well still have some regard for their own safety, but they may go on to ignore that. However, to say that they must have had no regard for their own safety renders the clause, in my view, unworkable.
Mr Vara
I am grateful to my hon. Friend for giving me the opportunity to clarify the point, and I regret that I clearly have not been able to do so thus far. I refer to the point made by my hon. Friend the Member for Beckenham (Bob Stewart) when he spoke of someone acting spontaneously. If somebody were to witness a situation which required their assistance—for example, if somebody was drowning and it was necessary to jump in and save them—and they were able to do so, I am minded to say that that person would not say, “Well, I need to take account of the law here. If I were to jump in, is account going to be taken of whether I considered this dangerous or not?” If somebody is capable of saving that drowning person, they will jump in and save them. The courts will take account of all the facts of the case and I am confident that the present wording is necessary, the courts will take account of everything, and it will not be held against anybody that they may temporarily have considered danger.
Philip Davies
I appear to be speaking in a different language. I clearly cannot get through to the Minister so I will try to phrase my objection in a different way. Can he give us an example of something that would not be covered that should be covered if the wording ended after the word “danger”? What scenario that he wants included would not be included if the wording stopped at “danger”?
Mr Vara
My hon. Friend will appreciate that hypothetical examples are somewhat redundant, given that I mentioned earlier the independence of the judiciary, and that it is for the courts to decide on the facts of each case. I cannot stand at the Dispatch Box and predict specific circumstances. It is for the court to take account of the specific facts in a specific case.
We do not consider that the clause will be misinterpreted by the courts or the public as somehow excluding people who did in fact have regard to their own safety or other interests, perhaps in the split second before they dived in, but decided to intervene anyway. Nor do we think that it would be interpreted as sending a signal that members of the public should recklessly expose themselves to danger. We think that the wording and intention of the clauses are clear, and, on balance, we do not think that the amendment is necessary. I hope that on the basis of my explanation, the hon. Member for Hammersmith will be persuaded to withdraw the amendment. In the event that he wishes to press amendment 5, which would delete clause 3, I would urge the House to reject it.