Proceeding contribution from Lord Bellingham (Conservative) in the House of Commons on Tuesday, 23 March 2010. It occurred during Debate on bill on Third Parties (Rights against Insurers) Bill [Lords].
Third Parties (Rights against Insurers) Bill [Lords]
I join the Minister in paying tribute to the Law Commission for coming up with this Bill under the new, expedited procedure. Let me also declare an interest as a former practising barrister. I want to put on record my gratitude to the Minister for the way in which she has handled not only this Bill but many others, as this might be my last opportunity to thank her personally from the Dispatch Box for her work and to wish her well for the future. I understand that she will be in charge of the Department during the Dissolution period, after which it could fall to another party to take over from her. That is the Conservatives' hope, but we wish her well for the future anyway and we hope very much that during those four weeks or so she does not cause any major problems, but makes sure that there is a steady hand on the tiller. As the Minister has pointed out, the Bill is part of the new, expedited procedure for bringing through Parliament Law Commission Bills that command widespread consensus and support. It follows in the footsteps of the Perpetuities and Accumulations Act 2009—complex legislation that went through the House with the minimum of fuss. The Bill is important because it builds on the Third Parties (Rights against Insurers) Act 1930, which overturned the original, common law privity of contract doctrine, which stated clearly that no insurance liability was directly enforceable by a third party against an insurer. Real problems accrued as a result of that well-established principle, and the introduction of the 1930 Act reflected how the economy and society were moving on, not least with the proliferation of cars on the roads. A number of insured people were, sadly, getting killed, and third parties had to take over those insured rights against insurance companies. It is not surprising that there have been one or two problems with the 1930 Act, as 80 years have intervened since then, in which time there have been many changes to our economy and legal system. If the insured were a dissolved company that had been struck off the register, the third party had to restore it to the register in order to mount a successful claim. That took time and cost money, and there was no need for that to happen. That is one of several key issues that the Bill addresses. All of the key changes are very straightforward and command widespread support. It was noticeable, during the consultation process, that people in all parts of the industry, including practitioners and other interested parties, spoke with one voice. It is quite a phenomenon to have everyone singing from exactly the same hymn sheet. I should like to know from the Minister what lessons have been learned from the new procedure. The Bill was first mooted as long ago as 1998, in a Law Commission report, but it has taken 12 years to come before the House in its present form. I hope that it will be on the statute book very soon. How much quicker could that progress have been made if we had had in place the new procedures that were brought in under the Law Commission Act 2009 for expediting such Bills through Parliament? Could we have got it through Parliament in a few years or less? The Minister mentioned in a letter that she sent to me after our Committee proceedings that her Department would soon lay before the House a new protocol under the Law Commission Act 2009. Will she tell us whether it will be laid before Dissolution? I want to press her on an issue that I raised in Committee that she did not mention in her letter to me of 15 March, which refers to the Law Commission paper, "Insurance Contract Law: Misrepresentation, Non-Disclosure and Breach of Warranty by the Insured". That important report will give rise to legislation that could, to some extent, be allied to parts of this Bill, and I should like to know what happened to that report and whether a Bill will be coming forward in the near future. The Bill is small but important. It builds on the 1930 Act, as I have said, and it will help a number of our constituents at times when their lives have become a complete misery because of the complexity of the existing law. It will take a small step towards alleviating that misery, and that is why the Conservatives are very pleased to support it.
Secondary information
- Type
- Proceeding contribution
- Reference
- 508 c193-4
- Session
- 2009-10
- Chamber / Committee
- House of Commons chamber
- Subjects
- Liability Insurance companies Insurance
- Legislation
- Third Parties (Rights against Insurers) Bill (HL) 2009-10
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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