rs1551707.801-807

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

801

House of Commons

Monday 17th July 2006

Report Stage Proceedings

Compensation Bill [Lords], As Amended

New Clauses

Mesothelioma: damages

Bridget Prentice

Mr Michael Clapham

Paddy Tipping

Mr David Anderson

Charlotte Atkins

Mr David Hamilton

Mr Kevan Jones

Martin Linton

John Mann

Mr Nicholas Brown

Tony Lloyd

Mr Frank Doran

Judy Mallaber

Mr Iain Wright

Added  nc13

To move the following Clause:—

‘(1)
This section applies where—

(a)
a person (“the responsible person”) has negligently or in breach of

statutory duty caused or permitted another person (“the victim”) to be

exposed to asbestos,

(b)
the victim has contracted mesothelioma as a result of exposure to

asbestos,

(c)
because of the nature of mesothelioma and the state of medical science,

it is not possible to determine with certainty whether it was the exposure

mentioned in paragraph (a) or another exposure which caused the victim

to become ill, and

(d)
the responsible person is liable in tort, by virtue of the exposure

mentioned in paragraph (a), in connection with damage caused to the

victim by the disease (whether by reason of having materially increased

a risk or for any other reason).

(2)
The responsible person shall be liable—

(a)
in respect of the whole of the damage caused to the victim by the disease

(irrespective of whether the victim was also exposed to asbestos—

(i)
other than by the responsible person, whether or not in

circumstances in which another person has liability in tort, or

(ii)
by the responsible person in circumstances in which he has no

liability in tort), and

Report Stage Proceedings: 17th July 2006
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Compensation Bill–[ [], continued

(b)
jointly and severally with any other responsible person.

(3)
Subsection (2) does not prevent—

(a)
one responsible person from claiming a contribution from another, or

(b)
a finding of contributory negligence.

(4)
In determining the extent of contributions of different responsible persons in

accordance with subsection (3)(a), a court shall have regard to the relative lengths

of the periods of exposure for which each was responsible; but this subsection

shall not apply—

(a)
if or to the extent that responsible persons agree to apportion

responsibility amongst themselves on some other basis, or

(b)
if or to the extent that the court thinks that another basis for determining

contributions is more appropriate in the circumstances of a particular

case.

(5)
In subsection (1) the reference to causing or permitting a person to be exposed to

asbestos includes a reference to failing to protect a person from exposure to

asbestos.

(6)
In the application of this section to Scotland—

(a)
a reference to tort shall be taken as a reference to delict, and

(b)
a reference to a court shall be taken to include a reference to a jury.

(7)
The Treasury may make regulations about the provision of compensation to a

responsible person where—

(a)
he claims, or would claim, a contribution from another responsible

person in accordance with subsection (3)(a), but

(b)
he is unable or likely to be unable to obtain the contribution, because an

insurer of the other responsible person is unable or likely to be unable to

satisfy the claim for a contribution.

(8)
The regulations may, in particular—

(a)
replicate or apply (with or without modification) a provision of the

Financial Services Compensation Scheme;

(b)
replicate or apply (with or without modification) a transitional

compensation provision;

(c)
provide for a specified person to assess and pay compensation;

(d)
provide for expenses incurred (including the payment of compensation)

to be met out of levies collected in accordance with section 213(3)(b) of

the Financial Services and Markets Act 2000 (c. 8) (the Financial

Services Compensation Scheme);

(e)
modify the effect of a transitional compensation provision;

(f)
enable the Financial Services Authority to amend the Financial Services

Compensation Scheme;

(g)
modify the Financial Services and Markets Act 2000 in its application to

an amendment pursuant to paragraph (f);

(h)
make, or require the making of, provision for the making of a claim by a

responsible person for compensation whether or not he has already

satisfied claims in tort against him;

(i)
make, or require the making of, provision which has effect in relation to

claims for contributions made on or after the date on which this Act is

passed.

(9)
Provision made by virtue of subsection (8)(a) shall cease to have effect when the

Financial Services Compensation Scheme is amended by the Financial Services

Authority by virtue of subsection (8)(f).

(10)
In subsections (7) and (8)—

Report Stage Proceedings: 17th July 2006
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Compensation Bill–[ [], continued

(a)
a reference to a responsible person includes a reference to an insurer of a

responsible person, and

(b)
“transitional compensation provision” means a provision of an enactment

which is made under the Financial Services and Markets Act 2000 and—

(i)
preserves the effect of the Policyholders Protection Act 1975 (c.

75), or

(ii)
applies the Financial Services Compensation Scheme in relation

to matters arising before its establishment.

(11)
Regulations under subsection (7)—

(a)
may include consequential or incidental provision,

(b)
may make provision which has effect generally or only in relation to

specified cases or circumstances,

(c)
may make different provision for different cases or circumstances,

(d)
shall be made by statutory instrument, and

(e)
may not be made unless a draft has been laid before and approved by

resolution of each House of Parliament.’.

Specified conditions for exemption

Mr Oliver Heald

Simon Hughes

Negatived on division  nc1

To move the following Clause:—

‘The Secretary of State shall make regulations about the specified conditions for

exemption in section 5 and any Code of Conduct issued in connection with such

conditions.’.

Offence of contravening specified conditions

Mr Oliver Heald

Not called  nc2

To move the following Clause:—

‘(1)
A person commits an offence if he contravenes the specified conditions in section

5 and any Code of Conduct issued in connection with such conditions.

(2)
A person who is guilty of an offence under subsection (1) shall be liable—

(a)
on conviction on indictment—

(i)
to imprisonment for a term not exceeding two years,

(ii)
to a fine, or

(iii)
to both; or

(b)
on summary conviction—

(i)
to imprisonment of a term not exceeding 51 weeks,

(ii)
to a fine not exceeding level 5 on the standard scale, or

Report Stage Proceedings: 17th July 2006
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Compensation Bill–[ [], continued

(iii)
to both,

(3)
An offence under this section is “an offence committed under this Part” for the

purposes of section 7.’.

Contributory negligence

Mr Oliver Heald

Mr Philip Hollobone

Not called  nc3

To move the following Clause:—

‘In determining the extent to which the claimant’s damages shall be reduced by

reason of his contributory negligence, a court may determine a reduction of 100

per cent. if the court considers it just and equitable to do so, with the result that

the claim for damages fails.’.

Presumption of contributory negligence in cases of intoxication

Mr Oliver Heald

Mr Philip Hollobone

Simon Hughes

Not called  nc4

To move the following Clause:—

‘(1)
If at the time that an injury or loss was sustained the claimant was intoxicated,

there will be a presumption that the claimant contributed to the injury or loss

unless the court is satisfied that the claimant’s intoxication did not contribute in

any way to the cause of the injury or loss.

(2)
For the purpose of this section “intoxication”—

(a)
includes being under the influence of alcohol or a drug, whether taken

medicinally, legally or illegally;

(b)
excludes intoxication which was not self-induced.’.

Injunction restraining exempt person

Mr Oliver Heald

Not called  nc5

To move the following Clause:—

‘(1)
The Regulator may apply to the court for an injunction restraining an exempt

person from providing regulated claims management services if he is in

contravention of the specified conditions in section 5 or any connected Code of

Conduct.

Report Stage Proceedings: 17th July 2006
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Compensation Bill–[ [], continued

(2)
In subsection (1) “the court” means the High Court or a county court.’.

Mesothelioma Compensation Board

Mr Oliver Heald

Not called  nc6

To move the following Clause:—

‘(1)
The Secretary of State may by regulations establish a body known as the

Mesothelioma Compensation Board.

(2)
Regulations made under this section shall make provision as to the functions and

powers of the Board.’.

Asymptomatic chemical exposure

Mr Andrew Dismore

Not called  nc7

To move the following Clause:—

‘The lodging in the body of a chemical or substance which may cause injury as a

consequence of negligence or breach of statutory duty, shall give rise to a cause

of action whether or not the lodging has caused symptoms at the time the action

is commenced or brought to trial.’.

Disapplication of Crown Proceedings Acts

Mr Andrew Dismore [R]

Not called  nc8

To move the following Clause:—

‘The Crown Proceedings Act 1947 and the Crown Proceedings (Armed Forces)

Act 1987 shall not provide a defence to a claim brought after the Act came into

force, in respect of injury caused by exposure to chemicals or substances

occurring before that date but which did not manifest symptoms in the claimant

until after that date.’.

Report Stage Proceedings: 17th July 2006
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Compensation Bill–[ [], continued

Binding admissions of liability

Mr Andrew Dismore [R]

Not called  nc9

To move the following Clause:—

‘An open admission of liability in writing by a defendant or his insurer in

response to a personal injury claim shall be binding in any proceedings arising out

of that claim.’.

Disapplication of Part 2

Mr Andrew Dismore [R]

Not called  nc10

To move the following Clause:—

‘The provisions of Part 2 of this Act shall not apply to legal services offered or

arranged by Trades Unions for the benefit of their members or members’

families.’.

Compensation for coalminers

John Mann

Mr Kevan Jones

Not called  NC11

To move the following Clause:—

‘(1)
Where costs have been paid by the Government under the schedules of any

prescribed claims handling agreement, any additional monies levied from

individual claimants shall be repaid immediately by the receiving agent to the

claimant.

(2)
For the purposes of this section—

“claims handling agreement” means—

(a)
the 1999 agreement between the Union of Democratic

Mineworkers (UDM) and the Government on chronic

obstructive pulmonary disease,

(b)
the 1999 agreement between Vendside Ltd and the Government

on vibration white finger, and

(c)
the 1999 agreements on vibration white finger and chronic

obstructive pulmonary disease between the claimants’ solicitors

group and the Government;

“additional monies” includes membership fees, money in lieu of

membership fees, marketing fees or other related charges;

Report Stage Proceedings: 17th July 2006
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Compensation Bill–[ [], continued

“receiving agent” means the solicitor or claims handler who received

monies from the individual claimant.’.

Claims made against animal owners

Mr Laurence Robertson

Not selected  NC12

To move the following Clause:—

‘With regard to claims made against animal owners under the provisions of the

Animals Act 1971 (c. 22), it shall be a defence in law for a person to show that—

(a)
he took all reasonable steps to keep the animal concerned in a secure

enclosure consistent with the welfare of that animal;

(b)
he took all reasonable care to control the animal in order to avoid an

incident taking place; or

(c)
he took all reasonable steps to prevent his animals causing damage to a

third party, his property or livestock.’.

Mr Andrew Dismore [R]

Simon Hughes

Not called  6

Page  1,  line  4  [Clause  1],  after ‘duty’, insert ‘(other than a claim brought by an

employee in respect of an injury arising out of or sustained during the course of his

employment)’.

Mr Julian Brazier

Kate Hoey

Lembit Öpik

Derek Wyatt

Frank Dobson

Angela Watkinson

Not called  1

Page  1,  line  4  [Clause  1],  leave out ‘may’ and insert ‘shall’.

Simon Hughes

Not called  13

Page  1,  line  8  [Clause  1],  leave out ‘a desirable activity’ and insert ‘an activity of

social value’.

Simon Hughes

Not called  14

Page  1,  line  11  [Clause  1],  leave out ‘desirable’ and insert ‘socially valuable’.

Mr Oliver Heald

Not called  2

Page  1,  line  11  [Clause  1],  at end insert—