HL Deb 23 July 1971 vol 322 c1306

[No. 2] Clause 3, page 3, line 2, leave out from"cost"to end of line 4.

LORD DRUMALBYN

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 2. I shall, with permission, discuss this Amendment with Amendment No. 9, to insert a new clause after Clause 15, These Amendments make it clear that where owners or their insurers have paid out for oil pollution damages as a result of the new liability imposed by the Bill, their right to recover against those persons who actually caused the damage by their negligence will not be prejudiced. Examples might be the right of an owner to recover in tort from a negligent charterer, or the right of an insurer to recover in contract from the owner, if the relevant contract of insurance so provided. This and the next two Amendments give effect to an undertaking which I gave to the noble Lord, Lord Kennet, when he put down what he described as a probing Amendment to leave out subsection (4) of Clause 5. I hope that this brief explanation will help to clarify the situation for him to some extent. I beg to move.

Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Drumalbyn.)

On Question, Motion agreed to.