My Lords, I support the amendment which my noble and learned friend Lord Lloyd of Berwick has indicated that he is likely to withdraw. I wish to address briefly the amendment proposed by the Minister and draw attention to the use of language in both Clause 4 and throughout the Bill. I am genuinely shocked by the low standard of draftsmanship in the Bill—presumably it was prepared by government lawyers. It is an elementary principle of statutory drafting that one unit of meaning should be described by one word—that words should not be used interchangeably as the draftsman’s fancy takes him.
5.30 pm
At present, the Bill contains the word “person” six times—or five if the government amendment is accepted. It contains the word “individual” once. That very strongly indicates that “person” is being used to describe either an individual or a body corporate. It will be said that when Parliament wants to refer to an individual, it uses the word “individual”. That is the sort of thing that judges say. They assume that statutes nowadays are carefully drafted.
Looking at Clause 4, it may be that,
“without regard to the person’s own safety or other interests”—
words which we are now invited to omit—would be treated as a sufficient context to indicate that, contrary to all normal principles of statutory drafting, “individual” and “person” were being used interchangeably. However, if those words drop out, the person who is acting heroically—whatever that means—is either an individual or a body corporate. No doubt a body corporate charged with providing emergency services in a particular district is a person acting heroically. I suggest that at Third Reading serious thought should be given to the neglect of basic principles of statutory draftsmanship which the Bill reveals.