Housing and Regeneration Bill

I know this is terribly important and screamingly complicated for anybody to understand. Before the YL case it was assumed that private nursing homes while providing care for the elderly which was paid for by the local authority were performing a public function. The difficulty is that when they were providing the same care for people who were paying their own bills they were not performing a public function. Noble Lords are beginning to see how fiendishly complicated and difficult this is so I have a lot of sympathy with the Minister on this. However, before the YL case would we have thought that the public function would have applied to housing associations, which are helped by the regulator in a way that we thought care homes were covered by the Human Rights Act? I do not know what the answer is and, frankly, I do not think that anybody else does. However, I should like the noble Baroness to have a bash at answering it, if nothing else.