David
Howarth: The point is that the physiological change is
extra evidence of exposure, but lots of people are in the position of
knowing that they were exposed. In terms of risk, they are not that
differently situated from the victims that he is talking
about.
Mr.
Dismore: I am not sure that that is right, but there is
not much point in prolonging this aspect of the
discussion. Question
put and agreed
to. Clause
2 accordingly ordered to stand part of the
Bill.
Clause
3Limitation
of
actions Question
proposed, That the clause stand part of the
Bill.
Mr.
Dismore: Again, the provision is a technical one, to deal
with the question of limitation. The normal limitation period in
personal injury is three years for an ordinary accident, or three years
from the date that the individual could reasonably be expected to know,
for example, that they had a disease. We have a particular problem to
provide for, which is the hiatus caused by the House of Lords judgment
which will last until the day that the Bill becomes law. Effectively,
the clause suspends the limitation period for that time, so that in
such circumstances people whose cases were not brought will not be
time-barred as a consequence. Also, it provides for cases that have not
been determined in those circumstances to
proceed.
Bridget
Prentice: My only concern about the clause is that it does
not reflect the different legislation on limitation periods for
Northern Ireland. We shall have to look at that at a later
stage.
Mr.
Dismore: I take the Minister’s
point. Question
put and agreed
to. Clause
3 accordingly ordered to stand part of the
Bill.
Clause
4Commencement
and retrospective
effect Question
proposed, That the clause stand part of the
Bill.
Mr.
Dismore: The only point that I need to bring to the
Committee’s attention is that the clause has the effect of not
unscrambling settlements that have already been made. Some cases were
settled, albeit at a considerable undervalue, and it would not be
appropriate to go back and revisit
them. Question
put and agreed
to. Clause
4 accordingly ordered to stand part of the
Bill.
Clause
5Short
title, Crown application and
extent Question
proposed, That the clause stand part of the
Bill.
Mr.
Dismore: These are the usual formal provisions. Scotland
is not included, because Scotland has acted way ahead of us and already
passed its own Act of the Scottish Parliament to give effect to
provisions not dissimilar to those in the
Bill. Question
put and agreed
to. Clause
5 accordingly ordered to stand part of the
Bill. Bill
to be reported, without
amendment. 10.9
am Committee
rose.
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