Oral Answers to Questions
Debate between Shailesh Vara and Jim Cunningham(7 years, 9 months ago)
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Mr Jim Cunningham (Coventry South) (Lab)
2. What assessment he has made of the potential effect of the UK leaving the EU on British pensioners living overseas.
The Parliamentary Under-Secretary of State for Work and Pensions (Mr Shailesh Vara)
There will be no immediate changes, as a result of the referendum, in the circumstances of British pensioners. Negotiations for Britain’s future relationship with Europe will begin under the new Prime Minister.
Mr Cunningham
What discussions has the Minister had with European countries about the exchange rate and its effect on pensioners abroad?
Oral Answers to Questions
Debate between Shailesh Vara and Jim Cunningham(7 years, 11 months ago)
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The Parliamentary Under-Secretary of State for Work and Pensions (Mr Shailesh Vara)
Women affected by changes made in 2011 face a maximum increase in state pension age of 18 months, rather than two years, as a result of a Government concession, and will retire under the new state pension, which will be more generous for many than the previous system. No further transitional arrangements are planned.
Mr Cunningham
Will the new Secretary of State look again at these transitional arrangements? Will he also see whether or not the cost of this could be offset by some adjustments in his budget?
Social Action, Responsibility and Heroism Bill
Debate between Shailesh Vara and Jim Cunningham(9 years, 6 months ago)
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Mr Vara
I will give way, but I want to answer the question that was put to me. The Compensation Act 2006 has been referred to; indeed, the shadow Chancellor specifically asked on Second Reading what the difference was between this Bill and that Act. There is a very important distinction, which is that the Compensation Act says that the court “may” take into account certain factors; this Bill says that the court “must” take into account certain factors. We do not have to be lawyers to appreciate that there is a fundamental difference between the two.
The other thing that this Bill does is send a powerful message to the members of the public that if they do the right thing, the court will take that into account and they should not be inhibited from doing the right thing in any heroic acts, social activities or whatever.
Mr Cunningham
I am certainly trying, Mr Speaker.
I am not too familiar with this Bill and I was not a member of the Committee that considered it. One thing strikes me, however. Is not the definition of “self-defence” a factor in the issue? In the past, there have been incidents of people defending themselves yet finding themselves on the wrong side of the law. Is that part of the issue?
Mr Vara
I am grateful to the hon. Gentleman, but I shall do as guided by Mr Speaker, as self-defence is not an issue I am dealing with in connection with this amendment.
The Bill does not change the relevant standard of care that applies when a court is considering whether somebody has been negligent or has breached a relevant statutory duty. The court will continue to look at what an ordinary and reasonable person should have done in all the circumstances of the case. The Bill simply requires the court to have regard to the factors in the Bill before reaching a decision on liability. It does not tell the court what conclusions to draw or prevent a person from being found negligent if the facts of the case warrant it.
As I said in Committee, if in a finely balanced case the court considers the factors in the Bill and decides that this should tip the balance in favour of a defendant who had been acting for the benefit of society, demonstrating a generally responsible approach towards the safety of others during an activity or intervening to help someone in an emergency, we would welcome that outcome. It will be for the courts to decide how much weight to give these factors on a case-by-case basis, but we do not consider that there is any risk of the clause being misinterpreted by the courts as somehow granting individuals immunity from civil liability or changing the standard of care that is generally applicable. In that light, the amendment is unnecessary, and I hope that the hon. Member for Hammersmith will withdraw it.
Oral Answers to Questions
Debate between Shailesh Vara and Jim Cunningham(10 years, 2 months ago)
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Mr Jim Cunningham (Coventry South) (Lab)
18. What progress his Department has made on bailiff reform.
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
We have legislated to set out the process that bailiffs must follow when taking control of goods, and to introduce a simplified, transparent fee structure. Further legislation for a new certification process will ensure that only fit and proper individuals can work as bailiffs. These reforms will come into force in April.
Mr Cunningham
I welcome that simplification, but what is the Minister doing to protect vulnerable people from some of the excesses of bailiffs?
Mr Vara
May I first put on record what a doughty campaigner the hon. Gentleman has been on this issue? I very much hope that the proposals that we will be putting in place in April will meet with his approval. We are putting in place a governance system that will make it absolutely clear when bailiffs—or enforcement agents, as they will be called—can seize goods and when they cannot, as well as how they should deal with vulnerable people. We are also putting in place a fee structure that is clearly understood and, most importantly, ensuring that enforcement agents have mandatory training and receive a certificate. If anyone acts as an enforcement agent without that certification, they will be committing a criminal offence.