HL Deb 29 June 1981 vol 422 cc7-8

2.55 p.m.

Lord Allen of Abbeydale

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 what progress they are making in seeking to persuade other countries to include the defence of development risks in the draft EEC directive on product liability.

Lord Lyell

My Lords, during the examination of the draft directive in Brussels the British representatives are continuing to press for the inclusion of a state of the art defence on the lines explained by my noble and learned friend the Lord Advocate on 12th November last year. This would, I think, cover the risks which the noble Lord has in mind.

Lord Allen of Abbeydale

My Lords, may I thank the noble Lord for that reply?—even if he does use the jargon, "state of the art". The Government came to what some of us regard as a regrettable decision to allow this defence of development risks—which means that a victim would have no right to redress against the manufacturer in a thalidomide-type tragedy unless he could prove negligence, which would be a formidable undertaking. I am tempt d to ask whether the lack of progress—and it is now some time since these discussions started—means that the Government are really hoping to kill off the EEC directive altogether.

Lord Lyell

My Lords, the noble Lord will know far better than many noble Lords how many are the complex issues involved in the entire concept of product liability and in the directive itself. The Government are continuing discussions in Brussels which are confidential but we have high hopes that we shall reach an agreeable settlement.

Lord Bruce of Donington

My Lords, can the noble Lord give the House some indication whether this matter, together with a whole series of other connected matters, is likely to be dealt with during the term of the English presidency of the EEC?

Lord Lyell

My Lords, I am not able to go so far as to give a definite date or period of time, but I should have thought that it would be years rather than months and that that would preclude what the noble Lord had in mind.