§ 28. Mr. Frank Allaunasked the Attorney-General if, following the decision of the Court of Appeal in the case of Lucy versus W. T. Henley's 1969, he will introduce early legislation to reform the Limitation Act, 1963, as it applies to personal injury claims, and in respect of the death of an injured person.
§ 29. Mr. Hector Hughesasked the Attorney-General what plans he has to 622 amend and improve the Limitation Act, 1963.
§ 32. Mr. Willeyasked the Attorney-General if he will amend the Limitation Act, 1963, so as to lift the restrictions on claims for damages in respect of pneumoconiosis; and if he will make a statement.
§ 33. Mr. Woofasked the Attorney-General if he will introduce legislation to secure the extension of the restrictive provisions of the Limitation Act, 1963, to safeguard all those who need to claim under the present provisions of that Act.
§ 34. Mr. Fernyhoughasked the Attorney-General if he will introduce in the present Session of Parliament amending legislation in respect of the Limitation Act, 1963, with a view to removing its restrictive effects on the claims for damages, particularly in respect of those suffering from pneumoconiosis.
§ The Attorney-GeneralMy noble Friends the Lord Chancellor and the Lord Advocate and I are aware of concern about this matter, and they have invited the two Law Commissions to advise whether, in the light of the Court of Appeal decision, any changes are required in the Limitation Act, 1963. I am also aware of recent criticism of the shortness of the 12-month period as it applied to persons suffering from industrial diseases, and we are considering the matter.
§ Mr. AllaunI am grateful to my right hon. and learned Friend for that reply. How long have the commissions been considering the matter? Will the Attorney-General take immediate steps to ensure that widows' claims are not barred before they have knowledge of all the relevant facts of their cases and have at least had as long a period as a living injured plaintiff to assert their rights after acquiring such knowledge?
§ The Attorney-GeneralI can assure my hon. Friend that I am sympathetic to the point that he has raised. We are looking at the point anxiously and as a matter of urgency.
§ Mr. HughesHaving regard to the considerable differences between English and 623 Scottish law, may I ask the Attorney-General to set up an inquiry consisting entirely of Scottish lawyers to consider the application and working of the Limitation Act in Scotland?
§ The Attorney-GeneralIt is because we are aware of the differences between the Scottish law and the law of England and Wales that we have set up the Scottish Law Commission, to which this problem has been referred.
§ Mr. WilleyDoes my right hon. and learned Friend agree that, apart from the Lucy case, the settlement of the case of Mr. Pickles has raised implications for the coalmining industry probably wider than those which can be considered by the commissions? Will he, therefore, see that the public aspect is fully considered by the Government and that they take early action?
§ The Attorney-GeneralI am aware of that case. Indeed, I have seen the communication from the National Union of Mineworkers upon it. We will consider the point that my right hon. Friend has made.
§ Mr. WoofDoes my right hon. and and learned Friend agree that, before an action for damages can be commenced, it takes a very long time to investigate the circumstances in which workmen have contracted industrial disease? Does he also agree that it is virtually certain that many people will be left stranded on account of the time factor in establishing their claims? Does he, therefore, agree that unless there is a great extension of the time provision in the Act people will be left high and dry?
§ The Attorney-GeneralI recognise that there is a problem here. As I say, we are looking at it sympathetically.
§ Mr. FernyhoughDoes my right hon. and learned Friend recognise that the decisions in these recent cases have left scores, if not hundreds, of people with a genuine grievance, which they feel they have an entitlement to have remedied, and that it can only be remedied provided that quick action is taken? Will he, therefore, give an assurance that in this Parliament the necessary amending legislation will be introduced?
§ The Attorney-GeneralWho knows how long this Parliament will last? I 624 cannot give that absolute assurance, but we are looking at this problem as a matter of urgency.