Compensation Bill [HL]

My Lords, I am grateful to those noble Lords who have participated in the debate on this amendment. I have come across the argument before that where one is venturing into amending previous statutes one should have a wider review. However, the Government have already taken action in the Criminal Justice Act 2003 in seeking to right a wrong. Unfortunately, it did not go far enough. This amendment would go a little further to make sure that cases such as those reported—of which I am aware but the Minister does not appear to be—where a potential burglar has recovered damages after falling through a plate glass window, for example, when they had no right to be near that window at the time. I have taken advice and understand that a number of claims for damages have been put forward by burglars or potential burglars and those who have entered land with felonious or misdemeanour intent. Sadly, the facts of life are that those claims are being settled and paid. Often, they are nuisance claims. They are pretty frivolous and make society reasonably angry, but as the law stands they are perfectly valid claims. Therefore, there is a lacuna there which has been met in part by the Criminal Justice Act 2003. I agree with the noble Earl, Lord Erroll, and with the noble Lord, Lord Monson, that this provision has attractions because it rights what is perceived to be a wrong. This was never in our minds when I was Minister with responsibility for coal at the time of the miners’ strike when the Occupiers’ Liability Bill went through Parliament. My colleagues in the department did not envisage that they would be allowing people with criminal intent to recover damages. I hope that the Minister will accept that I am moving this amendment with the best of intentions. I am seeking to right a wrong and I hope that the House will accept the amendment. Equally, if there is a better way of addressing this lacuna I remain open to suggestions, but we have thought very carefully since Grand Committee. I have taken advice from a range of experts and we believe that this is the right way forward. Therefore, I wish to test the opinion of the House. On Question, Whether the said amendment (No. 5) shall be agreed to? Their Lordships divided: Contents, 109; Not-Contents, 147.