L

Lord Thomas of Cwmgiedd (CB)

Speaking in the House of Lords on 17 September 2025

Debate

Compensation for Miscarriages of Justice (Alteration of Overall Compensation Limits) Order 2025

Contribution

My Lords, it is an enormous privilege to welcome the Minister to the Dispatch Box on her first appearance. I welcome the fact that such an experienced lawyer now holds this position. I turn now to the substance of the debate; the Minister has explained everything in such lucid detail that I can go straight to the two points that I want to raise, without going into the background. The limit was fixed in 2008 and, as the Secondary Legislation Scrutiny Committee, on which I sit, observed, the limit is being raised by only 30% whereas, unfortunately, inflation has been very much higher. We have the privilege of having the Financial Secretary to the Treasury here in the Room, and he will no doubt be very pleased to see that the Ministry of Justice is taking such good care of the scarce resources of the country. When the previous Labour Administration were in power in 2008, they thought that the limits set out then were fair and reasonable and reflected the public position at the time. Is there a reason why we cannot have the same position today and therefore raise the amounts? As the Secondary Legislation Scrutiny Committee was told, there has never been a payment of the maximum amount, and only very few payments of the lesser amount. Is there therefore a real difficulty in being parsimonious—which is no doubt appreciated by His Majesty’s Treasury—in relation to these amounts? Could this be looked at again? That takes me to my second question. The Ministry of Justice is in the unfortunate position of having a number of instruments and other pieces of legislation where limits are set, and it is very important that these are kept under regular review. There have been occasions when the ministry has failed to do so. Does the ministry now have a proper schedule for reviewing this and making certain that we do not have a very long period of time, such as that which has elapsed since 2008, before this kind of limit is reviewed? It may be that the Minister will want to take some time to investigate this, but I hope that there is a system in place for such limits to be looked at. Those are my two observations. I again express what a great pleasure it is to see the Minister in her place and dealing with such an important subject.

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