Compensation Bill [HL]

I am grateful to the noble Earl for moving the amendment. It goes quite a long way to capturing what we are trying to do in the breadth of case law. Perhaps I should have said at the beginning that I start with the principle of what I can accept. It makes my life easier and it makes Members of the Committee like me more. I am not sure that it captures all the different cases—referring back to Tomlinson. The Judicial Committee looked at a range of different cases and drew down different aspects to form that judgment, which was very important. Previously, we spoke about the range of different circumstances where it would be legitimate for the courts to be saying that these are important matters to be taken into account. I am not sure that we have captured it all. It is part of our discussion about ““desirable activity””, on which the Committee is not keen at this juncture, but may come to love as we try to explore how to deal with the issues. I am not sure whether it would narrow it too much. That is my difficulty with it. I have nothing other than support for what the noble Earl is trying to do, but I think it might not encapsulate everything within it. We shall have a think about that.