Compensation Bill [HL]

I am grateful to the noble Lord for raising this issue. Our purpose behind including the word ““professional”” is to try to clarify that the rules and regulations that apply—and I will come to the point made by the noble Lord in a moment—do not necessarily pervade into aspects of an individual’s life other than his professional conduct. The noble Lord will know better than I that rules cover other professional groups. Indeed, that is a factor to be taken into account. It is true, I would imagine, in certain aspects of the legal professional; it is true in the medical world that I used to belong to, where that can be seen to be an important aspect. But we felt in this area that it was the standards that pervaded in the professional life of the individual and not necessarily outside it. I completely accept that there is a grey area in this. Obviously, in looking at authorisation, the regulator will be looking probably in a more rounded way. But it is not the same, I would argue, as the overarching way in which you would look at somebody in a profession of another kind perhaps and could argue that there was something that might affect their ability to do that job. That is why it is there. I accept the point the noble Lord makes—indeed as I indicated—that there is a sensitive grey area here because aspects of what the individual has been doing would be relevant, but it would not be in the same way. So I am not sure that taking out the word ““professional”” leaves me in quite the place I need to be. I do not want this to be seen in the same context as perhaps other professions. Again, it is a matter that I need to look at very carefully. As I have indicated, I am in discussion with parliamentary counsel about precisely how we deal with this effectively. Apparently, professional indemnity insurance is how it is normally described. I do not think that there is anything particular or peculiar about it—it is called professional indemnity insurance. Again parliamentary counsel have taken that phrase straight from other legislation. So that is why that is there. I hope that on that basis the noble Lord will feel somewhat reassured and feel able to withdraw the amendment.