Compensation Bill [HL]

My Lords, I rise to dissent from the opinion expressed by my noble friend Lord Lucas and to support the amendment of the noble Lord, Lord Goodhart. I also play close attention to the comments of the noble and learned Lord, Lord Ackner. Clause 1 was discussed for more than seven hours in Grand Committee, which may give some indication of the way in which it might be discussed in the courts in the land in future—at unreasonable expense, I suggest. The reason for the length of the debate was partly the question of what the clause meant and partly an attempt to change and interpret the clause to provide legal cover for the promotion of desirable activities. Thus desirable activities would take place with greater frequency. This discussion ended in some frustration, because all the attempts to find a legal way forward were unavailing. As the Minister said to us at the time, the Bill was trying not to amend the law but to take away doubt. However, as the noble Lord, Lord Goodhart, said at the time—he has reminded us today—the clause might have the effect of introducing more doubt rather than removing it. At that point, several noble Lords, including me, began to conclude that Clause 1 was unhelpful. Without reiterating all the arguments put by the noble Lord, Lord Goodhart, I say that it seems unwise to agree a clause which would widely be expected to achieve something of legal significance when it will not do so. It is impossible to see that even clarification will be achieved. The courts will be better placed if they continue as they do today. If the clause is aimed simply at achieving some psychological effect, some shift in somebody’s perception somewhere, it will not assist the courts. This clause does nothing positive and might be a hindrance to the sensible development of the law on negligence. It should not stand part.