HC Deb 27 October 1975 vol 898 cc1018-9
15. Mrs. Sally Oppenheim

asked the Secretary of State for Prices and Consumer Protection when she intends to implement the recommendations of the Law Commission and the Scottish Law Commission on exemption clauses in services.

Mr. Alan Williams

I intend to introduce legislation to deal with exemption clauses as soon as possible after we have completed consultations on the proposals with the consumer, legal and business interests concerned.

I shall be happy to send a copy of the consultative letter to any Member who is interested.

Mrs. Oppenheim

As this process is likely to take a considerable time—I appreciate the difficulties—and in view of the need for the introduction of this overdue legislation to protect consumers from exclusion clauses in the provision of services, will the Minister undertake to give Government support, in the next Session, to a Private Member's Bill which may provide a solution?

Mr. Alan Williams

I share the hon. Lady's sense of urgency. I am not criticising, but the Conservative Government took virtually three years to carry out their consultations on the complex issue of exclusion clauses in the provision of goods. It is our hope to complete the consultations in the coming legislative year, if that is at all practicable, and to try to introduce the legislation at the earliest possible date.

The hon. Lady must bear in mind the highly complex nature of this matter, especially the report's recommendation for the codification of the law. It is doubtful whether that is appropriate for Private Members' legislation. We have no wish to delay the implementation of this legislation.

Mr. Dykes

Will the Minister confirm the Government's intention to introduce, in that legislation, elements which will strictly prohibit garages from protecting themselves against damage to vehicles parked in their car parks or workshops during repairs?

Mr. Alan Williams

We want to do our best to be fair to the consumer. The hon. Gentleman will have read the complex reports on this matter. Consultations will take place, which we hope to complete in not too long a period. I refer to a matter of months. We hope that that will not stretch to years, as on the previous occasion. If the hon. Gentleman, having seen the consultative document, wishes to discuss any aspects of it with my colleagues or myself, I am sure that we shall be delighted to arrange that.

Mr. Lipton

Is the Minister aware that members of the Liberal Party are not in the slightest degree interested in any of the questions and answers today?

Mr. Alan Williams

The Liberal Party seems to have adopted a self-excluding clause.

Mr. Cryer

Will the Minister use his best endeavours to bring the matter of exclusion clauses before the House as soon as possible, as many thousands of people will be entering into contracts for holidays? In a number of tragic cases, accidents have occurred and exclusion clauses have robbed those people of the opportunity to make claims.

Mr. Alan Williams

I completely agree that exclusion clauses have on many occasions acted with gross unfairness towards the consumer. I think it is time that in large areas they were completely eliminated and in others modified. This is a fairly intricate area, involving questions of insurance and so on. We want to get it right and it is our intention to do so quickly.