Compensation Bill [HL]

The noble Lord, Lord Lucas has hit the proverbial on the head about the problem that the new clause would create. However, I start by saying that I completely agree with the sentiments that underlie what noble Lords seek. Especially in the last example given by the noble Lord, Lord Lucas, one of the great things about the NHS Redress Bill that I know that colleagues in the Department of Health are keen to ensure happens properly is that it will provide redress in its widest form, including apologies. From my experience as chair of a health authority, what people often wanted was someone to say, ““I am really sorry””. That would have made a huge difference. The stress and anguish that is caused in some circumstances is to a degree relieved if someone says, ““I am really sorry””. The difficulty with translating that strong sentiment and desire for people to be sorry that something happened—not to say that it is their fault, but to say that they are sorry—is that it is very difficult to put into law. The danger of the amendment is that it does exactly what the noble Lord, Lord Lucas, said. If you said to someone, ““I am really sorry that I ran into the back of your car; I was listening to the cricket; it is entirely my fault””, that would not be allowed in evidence. It surely must be.