Compensation Bill [HL]

I am grateful to the noble Lord for raising these issues. I completely agree with the principle behind the amendments which is, as the noble Lord indicated, that all claims companies providing regulated claims management services should be captured. I have already explained the way in which we have constructed Clause 2 and that there is a need to look at that clause in its entirety. I therefore say to the noble Lord at the outset that the definition in Clause 2 does exactly what he intends it to. Therefore, I submit that the amendments are unnecessary. The wide definition within Clause 2 ensures that we are covering far more than those representations which are legal. I hope the noble Lord will understand that we capture what he seeks to capture. Clause 2 makes clear that ““claims management services”” means advice or other services in relation to the making of a claim. All of the areas that the noble Lord mentioned as being defined by Master Hurst would be covered by the legislation. We have ensured that we avoid any doubt by specifying that the provision of services could include the provision of services by way of and in relation to legal representation. That does not mean that other representation is excluded—quite the contrary. The way that the words ““in particular”” work in legislation indicates that the list at Clause 2(3)(a) is not exhaustive. It is unnecessary to mention activities that would obviously fall within the provision of services. This includes representation that is not legal. We have confirmed this with parliamentary counsel who asked me to put on the record that—as the noble Lord, Lord Hunt, will know far better than I—there is a well understood principle of statutory drafting that you do not state the obvious on the face of legislation. The list at Clause 2(3) does not include other representation because it is obvious that would fall within the definition of ““claims management services”” at Clause 2(2)(b); that is,"““advice or other services in relation to the making of a claim””." That would not necessarily be the case with the other activities listed at Clause 2(3). Amendment No. 35 is unnecessary for the same reason. The definition of—