In December 2020 John introduced a Private Members Bill to allow an apology to be given that is genuinely and sincerely meant without creating a legal liability. This bill did not complete its passage through Parliament before the end of the 2019-21 session, but the Lord Chancellor confirmed the Government would consult on the issue when Parliamentary time allowed. Today the Ministry of Justice launched a consultation that could see the essence of John's Bill become law.
The consultation asks 'Should the law change to make it easier for organisations to apologise?'. It looks at the role of apologies in civil proceedings and will consider whether the existing legislation in the Compensation Act 2006 is adequate, or whether legislative provisions to clarify or amend the current law would be useful.
John said: “I am delighted that this has come forward. It should be the mark of both a mature democratic society, and, of its dispute resolution system, that an apology, whether made publicly or privately, can and should be allowed to be meaningful, and, helpful rather than simply a necessary yet tokenistic gesture.”
The Compensation Act, which became law in 2006, made it easier for public institutions, private companies and their employees to apologise, without admitting liability in civil proceedings. Yet almost 20 years on, there is little evidence this has encouraged businesses to use apologies more as form of reparation – leaving many victims without proper closure and a sense they are unable to move on with their lives. Often, organisations and individuals remain reluctant to apologise because of concerns it may be interpreted by the aggrieved party, or insurers, as an admission of fault. Changing the law to make this clearer could remove barriers - perceived or real - to apologising, while broadening the scope of the law would allow people to express regret and offer more earnest apologies.
Ministers are also considering how best to refine current laws following a recommendation from the Independent Inquiry into Child Sexual Abuse (IICSA) that apologies could and should be offered by employers for the actions of current or former employees – known as vicarious liability. This would encourage the likes of schools, care facilities or hospitals to offer apologies for abuse carried out by an individual at these institutions.
Justice Minister, Lord Bellamy, said: “The place of apologies in the justice system is becoming increasingly important, and this Consultation will explore ways of strengthening this role, not least to enable victims to find closure and move on with their lives”.
It is hoped more apologies at an early stage will resolve disputes much more quickly.
The independent inquiry also found that in the clinical negligence sphere especially, sincere, unreserved, and meaningful apologies can avoid litigation altogether – sparing victims the further protracted trauma of a lengthy court battle.
The consultation proposals do not force those defending a claim to offer an apology. It also reserves the rights of either party to pursue further legal action even when an apology has or has not been offered.
Notes to editors
- The consultation will run for eight weeks and close on 3rd June 2024.
- To read and respond to the consultation visit: Reforming the law of apologies in civil proceedings - GOV.UK (publishing.service.gov.uk)
- Section 2 of the Compensation Act 2006 states an apology, an offer of treatment or other redress, shall not of itself amount to an admission of negligence or breach of statutory duty. It aims to encourage those defending claims not to be deterred from offering apologies by a perception that doing so would constitute an admission of liability.
- For more information on the findings of the independent inquiry visit: C.11: Apologies, explanations and assurances | IICSA Independent Inquiry into Child Sexual Abuse
