My Lords, I believe that this is a worthwhile Bill. Having read the Hansard report of its Second Reading in the Commons and listened to some of the previous speakers, I am aware that it is not without its controversial aspects. Nevertheless, the Government are to be congratulated on bringing it forward, and I am pleased to add my support.
Today, our society is in danger of becoming ever more insular. The effect of the Bill will be to encourage our fellow citizens to step forward to participate and to become more active members of their community. It will contribute to inspiring them to help others and to pay something back to society, while at the same time offering them reassurance and a degree of protection when things do not go entirely to plan or, as is inevitably the case, accidents happen.
In 2010, my husband, the noble Lord, Lord Hodgson, was asked by the Government to head a task force to examine what prevents people giving more of their time and money to charities and voluntary groups. In May 2011 it published its report, Unshackling Good Neighbours, which has already been referred to by the Minister. That report very sharply identified an evolving and rather depressing attitude in this country. It pointed out that the significance of,
“the prevailing attitude towards ‘risk’, the downgrading of the value placed on ‘common sense’ and on the enabling nature of English and Welsh Common Law. These factors together with a reluctance to extend any significant level of ‘trust’—not just among central and local Government but no less importantly amongst the general public”.
The evidence provided to the task force identified that guidance and regulations throughout civil society are often expressed in negative terms, reinforcing the view
that a lawyer, with a writ at the ready, waits around every corner when something goes wrong. The report concluded that,
“an insidious mythology about being sued”—
is—
“deterring millions of Britons, volunteer organisations and charities from helping out more fully in society”.
Whether with friends and neighbours, in the workplace or in a public space, many people have, rightly or wrongly, become apprehensive of taking part in voluntary activities, helping others or intervening in emergencies due to these types of concerns. The “nanny state” and “health and safety culture” have without doubt been very off-putting and discouraging. As we have already heard from the Minister, the Lord Chancellor and the Secretary of State for Justice stated during the Bill’s Second Reading in the House of Commons:
“In a survey carried out by the NatCen Social Research and the Institute for Volunteering Research, worries about risk and and liability was an issue cited by 47% of those questioned who were not currently volunteering”.—[Official Report, Commons, 21/7/14; cols. 1191-92.]
During that debate, we heard numerous grass-roots examples from both sides of the House of the shocking ramifications of this unhealthy culture. Most disturbing were tales of people unwilling to involve themselves in emergencies because they were worried that the law would not adequately protect them should something go wrong as a result of their intervention. People have become frustrated by a poisonous no-win no-fee compensation culture, where I know the Government have bravely tried to restore the balance by way of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
A personal real-life example perhaps illustrates the difficulties that people who genuinely wish to help can encounter. I was on the Tube recently and, at a station, a very young boy rushed into the carriage. His mother and sister were following, but, before they could get on, the doors slammed shut, leaving them on the outside, and the train pulled out of the station. The boy became absolutely hysterical. The two people closest to him were men. They very kindly tried to talk to him and reassure him. However, as we drew into the next station, I could see how anxious they looked about what they would do. So I stepped forward and said that I would look after the boy and got off the train with him. The uniformed station master came and said that there had been a telephone call from the previous station and that the boy’s mother was coming to pick him up. But the point of the story is that the two men on the Tube were clearly very worried that, if they took the boy off the train, it could be seen as absconding with him, when all they were trying to do was help a little boy in trouble.
Of course, some of the examples that were cited in the other House were myths. In one, farmers in Sussex were said to be worried about salting the roads near their farms in icy weather because, if there was an accident, they could be held responsible. That was a myth. I have been told that carers of the elderly are not allowed to trim their toenails and have to call in a chiropodist. Is this myth or reality? I do not know. Sending for a chiropodist is expensive and takes time. I would have thought that trimming toenails is something
that everyone does and surely most carers could be trusted to wield some nail scissors without inflicting grievous bodily harm.
I believe that people are innately good, and that this culture is causing untold damage in shackling our natural inclinations to be helpful, compassionate citizens. By allowing these kinds of fear-driven attitudes to permeate our society, we are doing a massive disservice not only to ourselves but to future generations and the long-term interests of our country. We must try to reverse it now before it is too late.
The Bill will perform a valuable function of closing the gap between perception and reality by reassuring people that the law will stand by them when they are acting in the best interests of other people. The measures will thus encourage participation in volunteering and other socially valuable activities, which could lead to a most welcome increased sense of community spirit.
What are the arguments against the Bill? As we have already heard, some are saying that it is not needed because courts should make judgments on the evidence alone. I am no lawyer and, as I know that there are many learned and eminent members of that profession in the House, I will not attempt to enter into any detailed legal debate. But surely common sense says that the intention of an action is very relevant, and thus ensuring that the context is always taken into account seems reasonable and fair. However, nobody should be immune from civil liability and the Bill does not seek to introduce that. It does not instruct courts as to the conclusions they should reach nor prevent people being found liable where appropriate.
I understand that some have tried to argue that the so-called compensation culture does not exist, but evidence does not bear this out. I am informed that in the past three years there has been a 30% increase in personal injury claims. Then there is the stress of the legal process itself. While for lawyers suing and court appearances are an everyday normal occurrence, for those outside the law who end up trying to defend a claim it can be an incredibly long and very stressful experience. It can take months, and even years in some instances, to resolve such a situation. Meanwhile, it hangs over the person psychologically, sometimes creating great anxieties about the outcome—both financial and social—and putting enormous strain on working and marital relationships. Even when it comes out right in the end, the person will have gone through the most stressful and distressing time to get there. I sometimes wonder whether lawyers really understand the very detrimental aspect that going to law can inflict.
When it comes to matters of social action, we should surely encourage and support people to step up and make a difference if they feel they can. This is a Bill of reassurance: it tells people that they can take the initiative to contribute to society without having to worry about ramifications, mistakes or unintended consequences. In short, it tells people that the law and the Government are on their side. It will make our country even more generous, proactive and socially engaged. Such a society will only continue to build its own confidence and grow into something more successful. I am proud that our coalition Government have made
a commitment to encourage volunteering and involvement in social action; I am even prouder that we are now seeing it through with this Bill.
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