The noble Earl, like the Minister, has effectively conflated issues around strict liability with the overwhelming number of regulations where it is “so far as reasonably practical” that applies. The noble and learned Lord, Lord Hardie, went through this in some detail. My noble friend Lady Turner was very clear that this clause had to go in its entirety, and on the basis of what we have heard today that is absolutely the right way forward. The noble Lord, Lord Wigley, said that this clause was turning back the clock to Victorian times, and the noble and learned Lord, Lord Hardie, corrected me to say that it is not just a century that it goes back, but further than that. It has been a settled position and the Government seek to unsettle it, all because of perceptions.
We know that the data show that there is not a compensation culture. There has not been an increase in the number of claims for compensation. The Government’s own statistics show that, and their own impact assessment shows that there are a small number of cases that proceed via the strict liability route, as opposed to the generality that go down an alternative route. The noble and learned Lord, Lord Brown of Eaton-under-Heywood, asked, “Which are the undeserving claims at the moment? Which sort of claims proceed at present that will be restricted by the Government’s change, and why is that?” We heard no answer from the Government.
The noble Lord, Lord Pannick, said that the change in the process to prove negligence would be expensive and bring uncertainty and delays to the process—a point reiterated by my noble friend Lord Browne. We heard a very powerful treatise from the noble and learned Lord, Lord Hardie, about why it would be wrong to disturb the current positions, and I entirely agree with that.
Basing these things on perception seems a very flimsy structure on which to make such a fundamental change to the law. We have a number of propositions before us. I believe that the first and the third amendments in the group have the same effect, which is to delete the clause, and I certainly wish to test the opinion of the House on that proposition.