§ Mr. GrayTo ask the Secretary of State for Environment, Food and Rural Affairs what professional indemnity insurance clause is part of her Department's standard consultants' contract. [50828]
§ Mr. Morley[holding answer 18 April 2002]: The Department's standard conditions of contract for indemnity and insurance is set out below.
The Contractor shall indemnify the Department, the Crown, its servants and agents against all actions, claims demands, costs and expenses incurred by or made against each or any of them in respect of any loss or damage (including consequential and indirect loss, loss of profit, goodwill or revenue) or personal injury (including death) which arises out of or in connection with his and any sub-contractor's performance of the Services under this contract.The indemnity contained in the Condition above shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Department, the Crown or any servant or agent of the Crown.The Contractor shall have in force and maintain and shall require any sub-contractor to have in force and maintain insurance with a reputable insurance company, including (but not limited) to employer's liability, public liability and professional indemnity insurance, for such range of cover as the Contractor deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these178WConditions in such sum as may be specified in the Contract Letter, or, if no such sum is specified, the sum of not less than £5,000,000 for any one incident and unlimited in total.The policy or policies of insurance referred to in the condition above shall be shown to the Department whenever it requests, together with satisfactory evidence of payment of premiums.The terms of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Contract.
§ Mr. GrayTo ask the Secretary of State for Environment, Food and Rural Affairs how often she has made an exception to the professional indemnity requirement of her Department's standard consultants' contract in the last five years. [50831]
§ Mr. Morley[holding answer 18 April 2002]: DEFRA came into being on 8 June 2001. The information requested can be provided only at disproportionate cost.
§ Mr. GrayTo ask the Secretary of State for Environment, Food and Rural Affairs what recent representations she has received from small businesses about the level of professional indemnity insurance in contracts with her Department; and if she will make a statement about professional indemnity insurance with small contractors. [50832]
§ Mr. Morley[holding answer 18 April 2002]: From information held centrally, the Department is unaware of any recent representations received from small businesses about the level of professional indemnity insurance in contracts with the Department.
Departments are expected to set the level of professional indemnity insurance at a level appropriate to the size of the contract and the level of risk involved. The terms of any insurance or the amount of cover shall not relieve the contractor of any liabilities under the contract.
§ Mr. GrayTo ask the Secretary of State for Environment, Food and Rural Affairs what level of professional indemnity insurance was required by her Department of small businesses contracted with them in(a) 1997, (b) 1998, (c) 1999, (d) 2000, (e) 2001 and (f) 2002. [50829]
§ Mr. Morley[holding answer 18 April 2002]: DEFRA came into being on 8 June 2001. The information requested can be supplied only at disproportionate cost.