Compensation Bill [HL]

My name, as well as that of the noble Lord, Lord Lucas, is attached to Amendment No. 24. First, I apologise to the Minister and to the Committee for the fact that I was unavoidably elsewhere last Thursday. I thank my noble friend Lord Errol for speaking to some of the amendments tabled in my name. In relation to one of them, Amendment No. 5, the Minister gave me some Christmas comfort, for which I am most grateful. On the first day in Committee, the noble Lord, Lord Lucas, referred to a letter he received from the Minister following Second Reading and said that he was not minded to move Amendment No. 24. I had not seen that letter but I am happy to say that, since proceedings started this afternoon, I have got hold of a copy and I take note of what the Minister said. She refers to Tomlinson and says that it is important that a proper balance is struck between an individual’s rights and responsibilities and that, to reflect that, the law already enables the courts to take into account the claimant’s behaviour and the extent to which his or her own negligence may have contributed to any injuries suffered. Although I do not practice it any more, my sport was ocean racing. Theoretically, the yachts on which I sailed were dry, in that we did not carry alcohol on board. However, one or two crew members used to smuggle the odd bottle of sherry aboard and we used to mix it with Bovril to create a delightful drink called shovril which, in these hallowed surroundings probably sounds perfectly horrible, but it went down a treat on a cold, wet night in the middle of the English Channel. Young men who sail live hard and play hard. There is always a risk of abuse of alcohol or drugs. Things move on and habits change, although I think it would be impossible to snort cocaine on the weather rail of a yacht in the middle of the English Channel. I have some sympathy with what the noble Lord, Lord Hunt, is on about here. However, I hope that the Minister will confirm that our fears are unnecessary, certainly in view of the letter that I read earlier.