Civil Liability Bill [Lords]

Debate between Stephen Kerr and Rory Stewart

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

[Rory Stewart]

This is a really important point. At the core of our legal system there needs to be public trust and confidence in that system, and having an honest, proportionate, credible and calibrated system is absolutely central to the public continuing to have confidence.

With your permission, Mr Deputy Speaker, I want to make one slightly technical point relating to the Bill, and in particular to the injuries mentioned in clause 1(2) and (3). Subsection (2) states:

“An injury falls within this subsection if it is—

(a) a sprain, strain, tear, rupture or lesser damage of a muscle, tendon or ligament in the neck, back or shoulder, or

(b) an injury of soft tissue associated with a muscle, tendon or ligament in the neck, back or shoulder.”

Subsection (3) states:

“An injury is excepted by this subsection if—

(a) it is an injury of soft tissue which is a part of or connected to another injury”.

I wish to pause on that point for a second, because we wish to make it clear, as the Government, that when we refer to the question of something being “connected”, we are not referring to it being connected simply by virtue of it taking place within the same accident.

I have the following on a formal piece of paper here, so that I can make my Pepper v. Hart statement to make sure that this is clear for the judiciary. In subsection (3), therefore, we have excluded those soft tissue injuries in the neck, back or shoulder which are part of or connected to another injury, so long as the other injury is not covered by subsection (2). The effect of subsection (3) would be to exclude, for example, damage to soft tissue which results only from the fracture of an adjoining bone or the tearing of muscles arising from a penetrating injury, which would otherwise fall within subsection (2). It has been suggested that the words “connected to another injury” in subsection (3)(a) could mean an injury resulting from the same accident. There is therefore a concern that a number of soft tissue injuries that would otherwise fall under the definition of whiplash injury will be excluded, and so not subject to the tariff of damages, simply by reason of being suffered on the same occasion as a whiplash injury.[Official Report, 3 December 2018, Vol. 650, c. 8MC.]

This is absolutely not the intention behind subsection (3). Nor is it an interpretation that stands scrutiny. The effect of that interpretation would be to significantly limit the scope of clause 1, in a quite arbitrary way, based on whether a person happened to have incurred any other injury in the same road traffic accident. That is not the intended effect, and nor do we believe that the clause will be interpreted by the courts in this way, as it would not be the normal meaning of the word “connected” in this context. To clarify then: the words “connected to” do not, and are not intended to, extend to situations where two or more injuries are connected solely by their cause—for example, a road traffic accident.

[Stephen Kerr]

Since the Minister was taking interventions, I thought I would chance my arm and intervene to ask, as a Scottish Member, what discussions he has had with his Scottish counterpart. The Scottish Government committed to introducing draft legislation mirroring this Bill, which is for England and Wales only. Where is that Bill? I understand that it has not even begun to make progress in the Scottish Parliament. What has the conversation been like with the Scottish Minister?

Oral Answers to Questions

Debate between Stephen Kerr and Rory Stewart

Tuesday 17th October 2017 Commons Chamber

[Stephen Kerr (Stirling) (Con)]

T8. Will my right hon. Friend review the case of my constituent Jamie Harron, who was arrested in Dubai recently? Will he review the Foreign Office travel advice for Dubai in the light of this case and others like it?

[The Minister for Africa (Rory Stewart)]

May I begin by expressing our condolences to Mr Harron, who has been through a very difficult situation? We are grateful to my hon. Friend for raising this specific case. Consular staff have spoken to Mr Harron’s family, we have dealt with Mr Harron himself, we have provided consular access for friends to visit him and we have provided access to the best legal advice. He is currently on bail, awaiting sentence for an alcohol-related offence. The point about the travel advice is one that we take very seriously, and we continue to review it on a regular basis.