§ Mr. BakerTo ask the Parliamentary Secretary, Lord Chancellor's Department if the Government will review the recommendation of the 1978 Royal Commission on Civil Liability and Compensation for Personal Injury on making a change in the law of tort so that parents of children who suffer brain damage following vaccination can take action for compensation on a balance of probabilities. [122912]
§ Mr. LockThe Royal Commission recommended that the Government, or the local authority concerned, should be strictly liable in tort for severe damages suffered by anyone (adult or child) as a result of vaccination which has been recommended in the interests of the community. Following the work of the Commission, the Vaccine Damage Payments Scheme, which is administered by the Department of Social Security, was established in 1978. Under the scheme, one-off payments of £40,000 are made to people severely disabled by vaccination against certain diseases. The Government have no plans to make changes to the liability rules that apply to compensation claims through the courts for these cases.