Compensation Bill [HL]

moved Amendment No. 25:"After Clause 1, insert the following new clause—" ““IMPACT OF NEGLIGENCE ON THE COMMUNITY    The court shall take into account any adverse consequence to the community of a finding of negligence.”” The noble Lord said: I shall speak to the amendment, if only to hear what the Minister has to say. Where negligence is found in any case it can profoundly affect any community in relation to sporting or recreational activities taking place. In the main instance it deters would-be volunteers who are frightfully important in the scheme of things in relation to recreation. Perhaps I may refer to one incident that was settled out of court. Had it gone to court and the person in question had been found negligent it would have had a bearing. It relates to a British Canoe Union 30-mile race down a river, which involved a narrow half-mile long cutting. A volunteer marshal was positioned at each end to warn crews entering it about any powered craft that could present a danger. A powered boat entered the cutting and four minutes later a kayak arrived travelling in the same direction. The marshal allowed it to enter on the strict understanding that there was a powered craft in the cutting and that the crew should not try to overtake it. They ignored the instruction and overtook the boat, causing damage to it. A negligence claim was made against the volunteer marshal, alleging that he should have assumed that the crew would ignore his instruction and that, therefore, he was negligent. That seems to me to be a strange case to bring. Anyway, it was settled out of court on legal advice, but the volunteer, needless to say, will not be offering his services again. There is another adverse effect on people who organise local races and so on: their insurance costs go up, which is another reason for the amendment. I beg to move.