Question to the Ministry of Justice:

To ask His Majesty's Government whether amending the Civil Procedure Rules 1998 (CPR) by means of statutory instrument provides for sufficient parliamentary scrutiny; whether they plan to introduce legislation to amend the Civil Procedure Act 1997 to require amendments to the CPR to be made by means of primary legislation; and whether they will consider holding fresh consultations regarding the introduction of fixed recoverable costs in cases of medical negligence.

The Government is satisfied that the current means of amending the Civil Procedure Rules by way of a statutory instrument provides sufficient parliamentary scrutiny, and there are no plans to amend the Civil Procedure Act 1997 in this regard. Secondary legislation has been used as a means for amending court rules since the Judicature Acts 1873-1875. Alongside parliamentary approval rule changes are approved by the Civil Procedure Rule Committee, the Master of the Rolls and a Government Minister.

The Government is considering the way forward on a range of issues related to clinical negligence, including fixed recoverable costs reform, and we will announce our position in due course.