HL Deb 25 January 1966 vol 272 cc3-4

2.38 p.m.

BARONESS BURTON OF COVENTRY

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

[The Question was as follows:

To ask Her Majesty's Government whether they are in a position to make a statement concerning the reference of the matter of guarantees to the Departmental Committee set up by the Law Commission.]

THE LORD CHANCELLOR (LORD GARDINER)

My Lords, I assume that my noble friend has in mind the inquiry recommended by the Law Commission into the desirability of prohibiting or restricting clauses in contracts which limit or exclude liability for negligence. The Government are examining the scope of this problem, which affects a number of Departments. In relation to consumer sales, the Molony Committee has already recommended that it should not be possible to contract out of most of the conditions and warranties implied by the Sale of Goods Act. The Government will give detailed consideration to this recommendation when work on the new Merchandise Marks legislation is completed, in accordance with the order of priority recommended by the Molony Committee.

BARONESS BURTON OF COVENTRY

My Lords, in thanking my noble and learned friend for that reply, may I ask him whether he is aware that I drew great courage from the actual words he used in Hansard of December 9 in column 473–4, to which my attention was directed? Is he further aware that I do not have equal confidence in what the Molony Report said about guarantees, and could he assure the House that it will be his attitude towards guarantees that will be the crux of this matter and not that of the Molony Committee?

THE LORD CHANCELLOR

My Lords, I should hesitate to give any such guarantee. My noble friend will bear in mind, I am sure, that the sphere in which the Law Commission is interested —that of the exclusion of clauses exempting from liability for negligence —is a good deal wider than the field of consumer protection in the sale of goods, because these clauses are also to be found, for example, in contracts for warehousing and contracts for the carriage of goods. So far as the Molony Committee's Report is concerned, my noble friend will also bear in mind that they themselves set down an order of priority, taking, first, trade descriptions, and only secondly amendments of the Sale of Goods Act. There may be news for the noble Lady later this afternoon about trade descriptions. So far as the Sale of Goods Act is concerned, I am not yet able to say when my right honorable friend the President of the Board of Trade will be ready with legislation in that field.

BARONESS BURTON OF COVENTRY

My Lords, may I lastly just ask my noble and learned friend whether he personally will keep his eye on this question of guarantees, because it is a matter of considerable concern to all consumers?

THE LORD CHANCELLOR

Yes, I will; and indeed I am very interested in it myself.