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Baroness Ashton of Upholland
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Ashton of Upholland, Baroness (62)
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My Lords, I am extremely grateful to the noble Lord, Lord Hunt, because I know that he has spent a great deal of time thinking about Clause 1 and has worked closely with me, not least in Grand Committee, as he said, discussing statutory duty, which I dealt with under the previous amendment. I hope that noble...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 March 2006
Reference
679 c655-6
House
House of Lords

My Lords, I must begin by saying that I am sorry. I am always sorry when I would dearly like to accept an amendment but cannot. I share the sentiments expressed by all noble Lords who have spoken. I appreciate and understand what is being sought by this amendment. I think that the noble Lord, Lord Hunt of...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 March 2006
Reference
679 c664-5
House
House of Lords

My Lords, this could be the moment to return to it. The principle behind the noble Viscount’s anecdote is absolutely right. Saying, ““I’m sorry””, even if it means, ““I’m sorry I didn’t see you because you just did something stupid””, is as relevant as saying, ““I’m sorry I didn’t see you because...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 March 2006
Reference
679 c665
House
House of Lords

My Lords, I apologise to the noble Lord, as I had intended to refer to the NHS Redress Bill. That Bill deals with apologies after liability has been established, not before, so it was difficult to see how we could translate that across to this Bill.

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 March 2006
Reference
679 c666
House
House of Lords

My Lords, there will be other things later in our deliberations today. However, I also have policy responsibility for this legislation. As it goes through another place, we will continue to discuss all the issues that the noble Earl has quite rightly raised.

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 March 2006
Reference
679 c656
House
House of Lords

My Lords, I am grateful for the further explanation, but we need to be cautious of some issues. I am not suggesting that the noble Earl is being anything other than cautious about where the Health and Safety Executive is put in the blame seat for things that are actually nothing to...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 March 2006
Reference
679 c678-80
House
House of Lords

My Lords, I am happy to give the undertaking that we are talking to the TUC. I will be very happy to do so.

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 March 2006
Reference
679 c680
House
House of Lords

I was grateful for the apology from the noble Lord, Lord Hunt of Wirral, for winning the last amendment. I, too, stand by what I said, and I accept entirely what he was seeking to achieve. If we are able to retain it within the legislation on the grounds that, as he recognises, none...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 March 2006
Reference
679 c672-4
House
House of Lords

My Lords, as we are having some changing the light-bulb analogies, I am tempted to begin with one that I have heard: how many Peers does it take to change a light-bulb? The answer is: ““Change?”” To the noble Earl, Lord Erroll, I would say that issues of interpretation surround the Health and Safety...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 March 2006
Reference
679 c678
House
House of Lords

moved Amendment No. 14:"Page 3, line 3, leave out sub-paragraphs (i) to (iii) and insert—" ““(i)   setting and monitoring standards of competence and professional conduct for persons providing regulated claims management services, (ii)   promoting good practice by persons providing regulated claims management services, in particular in relation to the provision of information about charges and...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 March 2006
Reference
679 c691-2
House
House of Lords

My Lords, I am very pleased to see the liability insurance industry taking a real interest in the Bill. I do not think that the noble Lord will mind if I pay tribute to Norwich Union and the many other companies which have been involved and which have offered extremely valuable advice and support...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 March 2006
Reference
679 c690-1
House
House of Lords

Indeed, my Lords. As the noble Lord will remember, yesterday he and I met with Ivan Lewis, Treasury Minister with responsibility for the FSA. Mr Lewis gave a commitment to the noble Lord that he would look personally at the issues raised. Our contact with the FSA has been very positive. Whatever we finally...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 March 2006
Reference
679 c687
House
House of Lords

moved Amendment No. 20:"Page 4, line 4, at end insert—" ““(3A)   Section 2(1) shall not prevent the provision of regulated claims management services by a person who is established or appointed by virtue of an enactment.”” The noble Baroness said: My Lords, Amendment No. 20 will insert an exemption in the Bill which excludes from the ambit...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 March 2006
Reference
679 c700-1
House
House of Lords

My Lords, the noble Lord has been very generous in understanding what we seek to do, which is to ensure, as is our responsibility, that we did not accidentally catch someone in the wake of this legislation. I was privy and party to the conversations between the parliamentary counsel and the noble...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 March 2006
Reference
679 c703
House
House of Lords

My Lords, I share the noble Lord’s concern. We clearly do not want to subject individuals to double regulation where they are already regulated adequately in the provision of claims management services by their professional or other body. However, existing regulatory bodies do not necessarily regulate the provision of claims management...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 March 2006
Reference
679 c700
House
House of Lords

My Lords, I certainly tried as well. I tried very hard to deal with this and I am grateful to the noble Lord for raising this matter again as it helps me fulfil the commitment that I made that I would look at it. I have done lots of things including talking to Parliamentary Counsel about this...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 March 2006
Reference
679 c697
House
House of Lords

moved Amendment No. 28:"After Clause 9, insert the following new clause—" ““THE CLAIMS MANAGEMENT SERVICES TRIBUNAL (1)   There shall be a tribunal to be known as the Claims Management Services Tribunal. (2)   The Tribunal shall be constituted as follows— (a)   members of the Financial Services and Markets Tribunal shall also be members of the Claims...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 March 2006
Reference
679 c709-11
House
House of Lords

My Lords, we think that this amendment is probably unnecessary. The regulator could not waive unless the Secretary of State had formed a genuine intention to exempt. To have formed an intention to exempt, the Secretary of State must first have informed himself of the circumstances and position of the...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 March 2006
Reference
679 c713
House
House of Lords

moved Amendment No. 27:"Page 5, line 19, after ““if”” insert ““without reasonable excuse””" The noble Baroness said: My Lords, Amendment No.27 inserts a defence into Clause 8. A person who obstructs the regulator in the exercise of his powers could be committing an offence and would be liable, if found guilty, to a fine. There...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 March 2006
Reference
679 c708-9
House
House of Lords

moved Amendment No. 23:"Page 4, line 41, leave out paragraphs (b) and (c) and insert—" (4A)   On an application by the Regulator a judge of the High Court, Circuit judge or justice of the peace may issue a warrant authorising the Regulator to enter and search premises on which a person conducts or is...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 March 2006
Reference
679 c706-7
House
House of Lords