HL Deb 20 June 1995 vol 565 cc217-20

7.27 p.m.

The Lord Chancellor

My Lords, I beg to move that the House do now resolve itself into Committee on this Bill.

Moved, That the House do now resolve itself into Committee.—(The Lord Chancellor.)

On Question, Motion agreed to.

House in Committee accordingly.

[Viscount St. Davids in the Chair.]

Clauses 1 to 9 agreed to.

The Lord Chancellor moved Amendment No. 1: After Clause 9, insert the following new clause:

Admissibility and proof of Ogden Tables

(".—(1) The actuarial tables (together with explanatory notes) for use in personal injury and fatal accident cases issued from time to time by the Government Actuary's Department are admissible in evidence for the purpose of assessing, in an action for personal injury, the sum to be awarded as general damages for future pecuniary loss.

(2) They may be proved by the production of a copy published by Her Majesty's Stationery Office.

(3) For the purposes of this section—

  1. (a) "personal injury" includes any disease and any impairment of a person's physical or mental condition; and
  2. (b) "action for personal injury" includes an action brought by virtue of the Law Reform (Miscellaneous Provisions) Act 1934 or the Fatal Accidents Act 1976.").

The noble and learned Lord said: In moving Amendment No. 1, I wish to speak also to Amendments Nos. 2, 9 and 10. At Second Reading, the noble Lord, Lord Mishcon, who has explained that he sadly is unable to be with us this evening, asked me to consider including in the Bill the recommendation of the Law Commission that what are known as the Ogden Tables should be admissible evidence in personal injury actions. These are actuarial tables issued from time to time by the Government Actuary's Department and published by Her Majesty's Stationery Office. They can be used to determine the capital value of the sum to be awarded by the court as damages for future pecuniary loss. The recommendation was contained in the Law Commission's report on structured settlements and interim and provisional damages. The Government announced on 22nd March this year that they had accepted the report.

The draft clause makes it clear that the tables and notes are admissible evidence, notwithstanding that they are hearsay, and provides that they can be proved simply by producing a copy published by Her Majesty's Stationery Office. The notice provisions in the Bill are not appropriate to their use.

The Law Commission commented in its report that the use of Ogden Tables should make for greater consistency in courts and that their use should be encouraged.

I hope that the clause that I have brought forward will be satisfactory to the noble Lord, Lord Mishcon, and I commend it to the Committee.

Amendment No. 2 extends the new clause on the admissibility of the Ogden Tables to Northern Ireland. The rest of the Bill does not so apply, since the hearsay rule is currently the subject of consideration by the Law Reform Advisory Committee for Northern Ireland. It is right that it should have the opportunity to consider that general matter, which is the main subject matter of the Bill. The applicability of the Ogden Tables in Northern Ireland seems a wise move. Therefore I have tabled Amendment No. 2.

Amendments Nos. 9 and 10 are amendments to the Long Title of the Bill to take account of the introduction of the new clause on the admissibility and proof of the Ogden Tables. I beg to move.

On Question, amendment agreed to.

Clauses 10 to 14 agreed to.

7.30 p.m.

Clause 15 [Short title, commencement and extent]:

The Lord Chancellor moved Amendment No. 2:

Page 7, line 11, at end insert: ("() Section (Admissibility and proof of Ogden Tables) (admissibility and proof of Ogden Tables) also extends to Northern Ireland. As it extends to Northern Ireland, the following shall be substituted for subsection (3) (b)—

S. I. 1977/1251 (N.I. 18)

"(b) "action for personal injury" includes an action brought by virtue of the Law Reform (Miscellaneous Provisions) (Northern Ireland) Act 1937 or the Fatal Accidents (Northern Ireland) Order I977.".").

The noble and learned Lord said: I have spoken to the amendment. I beg to move.

On Question, amendment agreed to.

Clause 15, as amended, agreed to.

Schedule 1 [Consequential amendments]:

The Lord Chancellor moved Amendment No. 3:

Page 10, line 45, leave out ("in subsection (1) above").

The noble and learned Lord said: In moving Amendment No. 3, I shall speak also to Amendment No. 8. Amendment No. 3 is a drafting amendment to remove a redundant phrase and to ensure consistency between the English, Welsh, Scottish and Northern Irish drafting. Amendment No. 8 removes a redundant phrase from the consequential amendment to the Vehicle and Excise Registration Act 1994. I beg to move.

On Question, amendment agreed to.

The Lord Chancellor moved Amendment No. 4:

Page 11, line 13, leave out from ("`"copy'") to ("and") and insert (", in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly,").

The noble and learned Lord said: In moving Amendment No. 4, I shall speak also to Amendments Nos. 5, 6 and 7.

Amendment No. 4 is a drafting amendment. Most of the consequential changes to legislation in Schedule 1 provide a free-standing definition, using that in the Bill, instead of referring readers to the Bill to find the definition. In other words, if one is looking at another statute, instead of having to come to this Bill to find the new definition, one can find the new definition included in that statute by amendment.

However, not all of the amendments do that consistently. This and the following three amendments ensure that a consistent approach is followed throughout the schedule. The amendment covers the definition of the word "copy" in Section 72 of the Police and Criminal Evidence Act 1984. Amendments Nos. 5, 6 and 7 have a similar purpose. I beg to move.

On Question, amendment agreed to.

The Lord Chancellor moved Amendments Nos. 5, 6 and 7:

Page 11, leave out line 16 and insert (""has the same meaning as in Part I of the Civil Evidence Act 1968" substitute "means anything in which information of any description is recorded.".").

Page 11, leave out lines 45 to 47 and insert: (""5.—(1) In Part II of this Act— 'document' means anything in which information of any description is recorded; 'copy', in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly; and 'statement' means any representation of fact, however made. (2) For the purposes of Part II of this Act evidence which, by reason of a defect of speech or hearing, a person called as a witness gives in writing or by signs shall be treated as given orally."").

Page 12, line 40, leave out from ("proceedings'") to end of line 41 and insert ("means civil proceedings before any tribunal in relation to which the strict rules of evidence apply, whether as a matter of law or by agreement of the parties, and references to 'the court' shall be construed accordingly;".").

The noble and learned Lord said: With the leave of the Committee, and since the amendments are all connected, I beg to move Amendments Nos. 5 to 7 en bloc.

On Question, amendments agreed to.

The Lord Chancellor moved Amendment No. 8:

Page 13, line 18, leave out ("in subsection (1) above").

On Question, amendment agreed to.

Schedule 1, as amended, agreed to.

Schedule 2 agreed to.

In the Title:

The Lord Chancellor moved Amendments Nos. 9 and 10: Line 1, leave out ("and"). Line 2, after ("evidence") insert (" and the admissibility and proof of official actuarial tables").

The noble and learned Lord said: I have already spoken to Amendments Nos. 9 and 10. I beg to move the amendments en bloc.

On Question, amendments agreed to.

Title, as amended, agreed to.

House resumed: Bill reported with amendments.