Compensation Bill [Lords]

It is not an extra defence. Indeed, the Government differ from the hon. Gentleman, because they have sought to make it clear that the provision does not add a legal protection that does not already exist. It is simply designed to remind the public and the courts of the basis of the law as it stands, and it will not create any new legal defence. The clause will be read by people from one end of the country to the other, so it must be clear. It must be clear, too, as he has rightly suggested, in the lower courts. The Lord Chief Justice said that he did not know who was going to read clause 1:"““The average man in the street is unlikely to be reading clause 1. As far as the judges are concerned, and judges and lawyers are the ones likely to be reading statutes, and the clause sets out to define the position…not to change it””." We should make the position clear so that cases related to the Pepper v. Hart case have regard to the fact that Ministers have said that the law is not changed by the provision. Litigation will, however, arise from measures such as the desirable activities provision. There are two other dangers. Public authority staff are at a disadvantage, because they engage in desirable activities. The Government state that the clause is not intended to effect a change in the law, but there is a danger that that will give false comfort to voluntary organisations. My Committee took evidence from voluntary organisations, including the scouts, whose evidence impressed us, not least because they have made efforts to ensure that risk management was built into their systems and training. The problems are greatest for small voluntary organisations that do not have the facilities or experience built up by larger organisations. If we are not careful, the clause will give them false comfort. Turning to other issues, I am glad that the Minister gave me a clear, precise answer about who will regulate claims handlers. I sympathise with the Government’s position, as we must look at what emerges from the proposed regulation of lawyers before we decide where responsibility should reside. In the meantime, the Secretary of State should do the job, so that he has something to do now that all his other responsibilities have been taken away. As a result, my Committee would have oversight responsibility for the claims-handling process, and we look forward to making sure that it works. Turning to the exemption provisions, anyone who, like me, represents a mining constituency will be concerned about the gross abuses of which claims handlers, trade unions and the Law Society, which failed to regulate lawyers, were guilty. Several firms of solicitors were deeply and disgracefully involved in that huge scandal, defrauding vulnerable people whom the Government had set out systematically to protect from any costs—indeed, they paid for that protection. The exemption provisions must be proof against such a scandal, while recognising that trade unions and voluntary bodies such as citizens advice bureaux do a great deal of work to direct claims and ensure that people receive appropriate legal advice. The Committee must look carefully at the exemption provisions so that they meet the objective of ensuring that people whose claims are dealt with by a trade union or a voluntary body are not at a disadvantage if they are defrauded or not provided for. Most of the Bill is much needed, but clause 1 may prove to be a great deal more trouble than it is worth, as it may not satisfy genuine anxieties about participation in voluntary activity or the promotion of sports that involve an element of risk. Many of those anxieties are based on a misunderstanding of the law, on fears of prosecution by the Health and Safety Executive, on misunderstanding of the provisions required by the HSE and, indeed, on a series of things that the clause is not designed to address.