Lord Freud: My Lords, what the legislation aims to do, and does, is to say, “Go to your relevant employer or insurer, if you can find them, take them to court and go through the legal process. If that process finds that they were not liable, you cannot go to the scheme”. If that was a mistake, you could find another employer. To answer the question of the noble Lord, Lord McKenzie, there is nothing to stop you finding the next employer, but if it was found in that case that the employer was not liable, clearly the scheme would not be liable either”.
I am not sure that I understand the concern. This may be because of the way in which one reads the legal language. I think the best thing I can do is write a letter spelling out exactly how the language works.