My Lords, I will not, at this hour, reopen the debate on LASPO except to say that what we were addressing, following the advice of Mr Justice Jackson, was the inflationary effect of the no win, no fee regime that we have replaced. How it will work out in terms where any success fees will be paid from damages we will have to see. But let us not be in any doubt that there was a problem that was generally agreed had an extremely inflationary effect on the cost of justice in this country.
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On the matter of getting involved—my noble friend Lord Phillips touched on this problem with a welcome candour— much as we like to believe that access to justice is readily available, deciding to go to law is an extremely risky and potentially very expensive business for any individual.
I say to the noble Lord, Lord Browne, what I have said from Second Reading: I recognise the problem of costs. However, as Minister, I had to take advice on how this was best dealt with. The best advice I got, as he has pointed out, was to ask the Civil Justice Council and the Master of the Rolls to take on this task and to report back by March. We will then have to examine how it will affect the civil procedure rules and bring forward proposals in the hope that they will be in place by October.
Like the noble Lord, Lord Browne, I have tried to resist references to Lord Justice Leveson, but when I read his recommendations on costs in defamation my heart leapt. It is amazing how great minds think alike.
I know this is a probing amendment. I have said that we have deferred the implementation of LASPO until we can look at it all of a piece. I do not think anyone can seriously doubt my intentions to deal with this matter. We will have to take it in time, when we get the advice and can see the whole of the piece, but deal with the matter we will.