HL Deb 07 December 1983 vol 445 cc1180-1WA
Lord Graham of Edmonton

asked Her Majesty's Government:

Which of the 188 recommendations of the Pearson Commission have already been acted upon; what action has been taken on each; which still await a Government decision; and which have they decided not to implement.

The Lord Chancellor (Lord Hailsham of Saint Marylebone)

I regret that the noble Lord's Question could only be answered at disproportionate expense. He may, however, find it useful to know that the following measures which implement or broadly correspond to the proposals of the Royal Commission, have been taken:

  1. (1) Introduction of the current Occupiers' Liability Bill (Recommendations 169–170).
  2. (2) Abolition of the actions for loss of services and consortium (Recommendation 22).
  3. (3) Abolition of damages for loss of expectation of life (Recommendation 6).
  4. (4) Widening of the class of "dependants" under the Fatal Accidents Act 1976 (Recommendation 12).
  5. (5) Disregarding of benefits derived from the deceased's estate in assessing damages for lost dependancy (Recommendation 38).
  6. (6) Abolition of survival of claims for pecuniary loss in the "lost year" for the benefit of the claimant's estate (Recommendation 19).
  7. (7) Creation of a power to award provisional damages where there is a chance of deterioration in the medical condition of the plaintiff after the trial (not yet in force) (Recommendations 45 and 46).

The following proposal is to be adopted when an opportunity for legislation becomes available: the placing of the Criminal Injuries Compensation Scheme on a statutory footing (Recommendation 171).

The following proposals remain under consideration:

  1. (1) Recommendations on product liability (Recommendation 133–153).
  2. (2) Exemption of fathers from liability for antenatal injury (Recommendations 160).
  3. (3) Aviation
    1. (a) Ratification of Montreal Protocol 3
    2. (b) Limitation of liability
    3. (c) Compusory third party insurance of private aircraft (Recommendations 121, 122, 124).
  4. (4) No-fault compensation for road injuries (Recommendations 96–120).
  5. (5) Introduction of disability income for children from age 2 (Recommendation 166).
  6. (6) Mobility allowance to be payable from age 2 (Recommendation 167).
  7. (7) Strict liability in relation to exceptional risks (Recommendations 177–188).

It has been decided not to implement the following proposals:

  1. (1) Extension of the industrial injuries scheme to the self-employed (Recommendation 85).
  2. (2) Stict liability for severe damage suffered as a result of vaccination (Recommendation 158).
  3. (3) Periodic payments of damages (Recommendations 40–44, 47–54).
  4. (4) Modified multiplier for damages (Recommendation 61).

If the noble Lord will let me know if any other recommendations are of particular interest to him, I will have enquiries made and write to him.