My Lords, I am very grateful to noble Lords who have contributed to this entertaining debate. I remain concerned about the width of Clause 3 but I am not going to divide the House. To use the Minister’s analogy, there is no point in crying over spilt yoghurt.
Mr Grayling, the Lord Chancellor, has told us—and the noble Lord, Lord Hunt of Wirral, has confirmed from his Antarctic experience traversing crevasses—that
men and women up and down the land are standing ready to volunteer for social action. They are preparing themselves for acts of heroism, waiting only to receive the message that Parliament has approved this Bill to remove the concerns that they otherwise have about litigation. Then off to the youth clubs and old-age homes they will go to volunteer and into the lakes they will dive to rescue those in danger, and in those circumstances it would be irresponsible of me to delay the Bill any longer.
The noble Lord, Lord Beecham, was less than complimentary about the Bill, but surely, so long as negligence cases are brought in this land, it will stand as a monument to the jurisprudential and policy achievements of Lord Chancellor Grayling. It is a fitting testament to the Lord Chancellor:
“Look on my works, ye Mighty, and despair!”.
This always was and it remains the most ridiculous piece of legislation approved by Parliament in a very long time. However, I pay genuine tribute—I emphasise “genuine tribute”—to the Minister, who has applied his formidable skills of reason and eloquence, and has done so with consummate courtesy, to a text that would barely muster a pass mark in GCSE legal studies, if there is such a thing.
When the noble Lord was appointed to his position on the Front Bench, he would no doubt have looked forward to debating important issues of law and justice, and I doubt that he expected that he would be the straight man in Mr Grayling’s comedy routine, requiring courts to consider whether a defendant has acted heroically. Well, the Minister has heroically dived into the lake created by Mr Grayling’s conference speech. He has rescued this pitiful creature of a Bill—and it is a pitiful creature—and has emerged from the lake with his hair still dry and his suit entirely uncrumpled, he is not even out of breath and he has done it all with a straight face. If I may say so, that is deeply impressive, which is more than can be said for this Bill. I beg leave to withdraw the amendment.