Hansard

Like other members, I begin by stating that we should congratulate Bill Butler on his hard work and commitment and on bringing the bill to its final stages today. I, too, am pleased that consideration of the bill has fostered a constructive approach at all stages from members from all parties. That has continued to be evident during stage 3 proceedings this afternoon and in this final debate. There has been a strong consensus that the Damages (Scotland) Act 1976 should be reformed, but it has taken a great deal of work to arrive at where we are today. The bill was far from perfect at stage 1, but I am pleased that most of the issues have been addressed.

The present system for damages has a number of flaws, perhaps most notably the delays that families can experience in receiving compensation. One of the bill’s most important results is that, by and large, relatives who have recently been bereaved will not have to face lengthy court cases at a time when the last thing they need is further undue strain on their families. The bill, which I hope will be passed tonight, will help to speed up the process and allow individuals to rebuild their lives as quickly as possible.

Mr Butler’s bill largely implements the recommendations of the Scottish Law Commission’s 2008 “Report on Damages for Wrongful Death”. However, we should not lose sight of the fact that a large number of organisations and individuals—not least the Justice Committee, the Scottish Law Commission and those who gave evidence to the committee at stage 2—have contributed to the progress of the bill. Although the bill predates my time on the Justice Committee, as the current convener of the committee, I thank my predecessor Bill Aitken, the other committee members and the clerking team for their hard work on it.

The aim of the bill is to modernise and simplify the law in this area and to ensure that people are entitled to fair compensation. A number of changes were made at stage 2. Generally, those changes make the bill better. The first relates to the provision for calculating an award for damages in relation to non-patrimonial loss. At stage 1, the bill proposed a fixed 25 per cent deduction of the amount that the victim could have been expected to earn or to receive in benefits over the lost period, to represent their living expenses during that time. Concerns were raised that the arbitrary nature of the figure might not allow individual circumstances to be taken into account. I am therefore pleased that a degree of flexibility has been applied to the figure.

In the stage 1 debate last year, a number of members expressed concerns about the definition of those entitled to a recovery. The bill as introduced would have removed the existing right of certain relatives, beyond those defined as “immediate family”, to claim for damages, if they could show that they had been supported by the victim. As was stated during the stage 1 debate, we recognise that a line needs to be drawn to ensure that compensation is directed towards family members, rather than family acquaintances. I am pleased that the definition has been widened to take into account the fact that the nuclear family is not necessarily the norm and that others, such as partners’ children, are now included.

This has been an informed and mature debate. Again I congratulate Bill Butler on his work and the progress that he has made on the bill. I am pleased that the Scottish Conservatives will support the Damages (Scotland) Bill tonight at decision time.

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