HL Deb 06 October 1986 vol 480 cc111-2WA
Lord Mottistone

asked Her Majesty's Government:

Whether, in view of the possible long-term consequences of nuclear accidents like Chernobyl for primary agricultural products, they will reconsider their proposal to include exemption for such products in the intended products liability legislation and whether they will recommend similar action to the European Communities Commission.

Lord Lucas of Chilworth

The basic purpose of the directive is to ensure that producers are liable for damage caused by their products. However primary agricultural products are particularly prone to defects that are outside the control of the producer and further problems arise in identifying the producer because of the mixing of crops from many suppliers. In view of these practical difficulties it would be wrong in such circumstances to make the producer liable.

Damage due to nuclear accidents is the subject of international conventions. Liability under the directive is excluded in circumstances where these conventions apply. However it is regretted that the USSR is not a party to the relevant conventions.