My Lords, the common law evolves all the time, and in this legislation we have tried to ensure that we do not interfere with the evolution of the common law. Certainly the courts make decisions all the time, as the noble Viscount indicated in terms of the Lord Devlin decision. The courts consider what is and what is not an apology.
I am always delighted to share advice—in fact, I am always prepared to arrange meetings where that advice can be taken forward. I have pushed and probed on this matter because I totally accept the principle behind it. But noble Lords would not expect me to rule against the best advice that I have from parliamentary counsel that the amendment would have a potentially detrimental effect on the law.
I take the noble Viscount’s experience and knowledge extremely seriously. Perhaps, between now and Third Reading, he and I can have a conversation with parliamentary counsel and if, at the end of it, with the noble Lord, Lord Hunt, involved, it is felt that we should return to the matter, I shall be very happy to do so.
Compensation Bill [HL]
Proceeding contribution from
Baroness Ashton of Upholland
(Labour)
in the House of Lords on Tuesday, 7 March 2006.
It occurred during Debate on bills on Compensation Bill [HL].
Type
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679 c665-6 
Session
2005-06
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