My Lords, I thank the noble Baroness. She said that today was her first time speaking on this matter, so perhaps I may report that, in an earlier meeting, an extremely senior lawyer asked me whether lawyers are going to be classed as traders, because that is what they are called in the Bill. He was very surprised when I said that, yes, I think that they probably will be in this regard. Perhaps the Minister could clarify whether that is the case.
I thank my noble friend Lady Drake, who, as usual, makes the case much better than I could. It is in the financial sector where issues such as conflict of interest or lack of transparency, which would not be covered by skill and care, could affect the outcome that would not be included in any measure under the Bill. I am disappointed that the Minister reiterated what her colleague said in the other place: that Clause 50 provides that “any information given” would cover this. As I suggested, we are talking about other assumptions that may not have been written into the contract. The issue of whether the windows are clean is, it seems to me, an important measure.
We did not ask to move to a completely outcomes-based measure, but we asked simply that it should be taken into account in how we measure skill and care. We feel strongly about this, and it is one issue to be brought back, but for the moment I beg leave to withdraw the amendment.