Compensation Bill [Lords]

I am sure that the hon. Gentleman will refer later to one or two cases which do not even appear in the law reports. That will be helpful to us. If cases are not resolved satisfactorily in the lower courts on the basis of the law as we know it to be post-Tomlinson, it will be necessary for those cases to go to appeal and to go up the system to ensure that they are dealt with satisfactorily. If that places an unreasonable burden on some of the voluntary bodies involved, such as the Scout Association, we must address that. We will not necessarily help them if we put in a clause which they think provides them with a protection which, in fact, it does not. I shall listen to the remainder of the debate with considerable interest, because I think that the hon. Member for Canterbury (Mr. Brazier) and my hon. Friend the Member for Montgomeryshire genuinely believe that this restatement of the law will provide an additional legal protection. It is not the Government’s view, as they have clearly stated, that the law is changed. The Government are wrong, as the hon. Member for Hendon (Mr. Dismore) pointed out, on a different point. They are wrong that the Bill does not restate the law, because in relation to employees it clearly has that effect, but in relation to the defence that can be advanced by an organisation engaged in providing a voluntary activity or a risky sport, it is not intended to change the law. If it does, the House should know that it does. The Government cannot rely on two Back-Bench Members insisting that it does. In a Pepper v. Hart judgment later in the day, it will not be their view that is considered, but that of Ministers. At this point I shall rest my case, as I want to hear other views.