HL Deb 16 January 1984 vol 446 cc839-40

2.50 p.m.

Lord Campbell of Alloway

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

The Question was as follows:

To ask Her Majesty's Government whether, in the drafting of legislation intended to place the Criminal Injuries Compensation Scheme on a statutory basis, consideration will be given to the avoidance of conflict with the common law applicable to awards in tort, to affording access to the Court of Appeal (Civil Division) in accordance with the current practice, and to the grant of legal aid for such appeals.

The Parliamentary Under-Secretary of State, Home Office (Lord Elton)

My Lords, we shall be reviewing all aspects of the present scheme in preparation for the proposed legislation, and we shall consider these matters in the course of the review.

Lord Campbell of Alloway

My Lords, I thank my noble friend the Minister for his reply. May I ask whether in his review he will take note of the fact that there are two sets of disparities which tend to work injustice: the one which affords a lesser degree of compensation to someone intentionally injured in the course of the commission of a crime than is awardable in the courts for accidental injury, and the other the rejection of a number ofclaims—some 2,300 last year—which would otherwise be receivable by the courts? Is my noble friend aware that no assessment of the cost of the retention of these disparities—which could have been the sole justification for their retention—has ever been made by any Government department?

Lord Elton

My Lords, we shall be considering all aspects of this matter in our review, and I shall make sure that my noble friend's concern is brought to the attention of those concerned.

Lord Allen of Abbeydale

My Lords. I wonder whether the Minister will consider the possibility of issuing a White Paper, perhaps flecked with green, about the possible content of legislation. It is plain that some quite difficult and rather controversial issues which are still unresolved are involved. Would it not facilitate the eventual passage of the Bill, which itself should be quite short, if some of these aspects were threshed out first?

Lord Elton

My Lords, the aspects will be threshed out first. Whether they will be threshed out in the light of a paper and, if so, under what tasteful combination of colours, I am not certain.

Lord Elwyn-Jones

My Lords, is it not the case that the Royal Commission, on which the noble Lord, Lord Allen of Abbeydale, played a conspicuous part, examined these matters in a good deal of detail? Is there not therefore the case now for proceeding with legislation, as was agreed when we last discussed this matter, as soon as it is practicable to do so effectively?

Lord Elton

My Lords, that is our position. The work of the Royal Commission is a substantial part of the matters that we shall take into our review.