Queen’s Speech — House of Lords, 2021-05-18
Topic: Law and Crime
David James Fletcher Hunt (Conservative, Centre-right): My Lords, I draw attention to my entry in the register, in particular as a partner in the international commercial law firm DAC Beachcroft, and as chairman of its financial services division I warmly welcome the Queen’s Speech and, in particular, the atmosphere of renewed positivity and optimism in which our debate is taking place. Let us hope it does indeed prove to be the solid foundation for our nation building back better as we bounce back from the Covid-19 pandemic. A mass of criminal justice reform is adumbrated in the Speech, and I think we all confidently foresee some lively debates on matters including sentencing, online safety and immigration In contrast, the Speech is understandably quite light on civil justice issues. We are, however, witnessing the creation of numerous obligations and rights. We must therefore be mindful of the need to ensure that those do not spawn mass litigation in the civil justice sphere. The compensation culture—blame and claim—insidiously undermines civility within our society and is not in any sense a victimless activity. Someone has to pay for every settlement, not just the compensation that goes to the complainant but the full legal costs. It is an all-too-common characteristic of claims inspired by claims farmers that the lawyers earn more from cases than the claimants do. Might the Government therefore issue a call for clarity on the use of alternative dispute resolution to help avoid legal costs exceeding damages, which is the catnip for claims farmer activity and which we have all been trying to avoid I do not intend to focus unduly upon the recent indication on restricting the small claims limit rise for employer’s liability and public liability injury claims to just £1,500. We should entirely support restraint in employer’s liability claims where it is important that the rights of employees are protected. I would, however, urge everyone to be mindful of the possible unintended consequences of the injury limit for public liability claims, where claims farmers forage for rich pickings—no doubt all the more so, post whiplash reform We are also discussing cultural matters and it is a matter of considerable regret for many of us that there was no mention in the Queen’s Speech of reciprocal, visa-free travel and work for UK and EU performers and their crews. It was a great achievement—in no small part UK led—when the old era of complicated ledgers, carnets and other expensive and time-consuming paperwork was swept away, and a new and welcome freedom ruled for creative artists. Touring is the lifeblood for creative artists—musicians in particular—and it seems to be purely a question of whether the will exists to create a mutually beneficial arrangement. Particularly in light of the welcome news that quarantine requirements may imminently be waived for fully vaccinated UK citizens going to the EU, I join others in urging Ministers please to sort this problem out with the utmost urgency Finally, I strongly support the tribute to Her Majesty by the noble Lord, Lord Paddick. For some time, I was honoured to be Treasurer of Her Majesty’s Household, for which she kindly gave me four-and-a-half yards of British cloth, which my wife had made into this suit that I now proudly wear for the debate on the gracious Speech.