Justice and Home Affairs Committee, 26 Oct 1999
Meeting date: Tuesday, October 26, 1999
Official Report
235KB pdf
European Document
Item two on the agenda is European document 334, a green paper on liability for defective products (10609/99). We have a very helpful covering note that was prepared by the clerk, which I hope committee members have read.
The document is the first step in a review of an existing European directive on the subject. It imposes a strict liability on the producer so that any consumer who suffers injury from a defective product can obtain redress without having to prove negligence. A consumer would have to show that a defect in the product caused the accident, but it would not be necessary to show negligence, provided that the product was defective.
The document has been remitted to us by the European Committee. We can debate it, although I should point out that product liability is reserved to Westminster. In those circumstances, and given that it is only a green paper, containing no legislative proposals, I would propose, unless the committee has any particularly strong views on the matter, that we simply take note of the document and file it for future reference should any specific proposals come back to us that may affect what we are doing.
I have two brief comments. The directive is important. It is on a reserved matter and is therefore not for us to discuss in detail, but the problems in the directive are the development risks, which are noted in the paper. Another problem is what to do with second-hand appliances, particularly white goods. There is also the matter of the installation and servicing of appliances.
A safety of services directive is passing through the Commission at the moment. If we were to make any comment, it would be in the areas that I have just outlined, but if we are just noting the document, fair enough. There are, however, some important issues in the document, which I hope the European Committee will take into account.
There are some things in the document which are not reserved matters. The Scottish Executive covering note, on the page headed "334", says:
"Under the terms of the Scotland Act 1998 product liability is a reserved matter apart from in respect of food, agricultural and horticultural produce, fish and fish products, seeds, animal feeding stuffs, fertilisers and pesticides."
But none of those are areas that this committee discusses.
I just wanted to note that it is not entirely a reserved matter.
We could perhaps ask if the European Committee has referred it to other relevant committees as well as this one. There may be matters—[Interruption.] The clerk has just pointed out that it has been referred to the Enterprise and Lifelong Learning Committee. By the sound of it, it should perhaps also have been referred to the Rural Affairs Committee. Other committees may have particular concerns about it.
Euan is right to point out the consumer aspects, which would fall to this committee as they touch on consumer law. There may be issues relating to the document to which we might return in a longer discussion on a future date. Today, we are choosing simply to note the document. It is, I remind members, the equivalent of a green paper, and is just for discussion at this stage.
Is everybody happy with that situation?
Members indicated agreement.