Proceeding contribution from Lord Lucas (Conservative) in the House of Lords on Thursday, 15 December 2005. It occurred during Debate on bill and Committee proceeding on Compensation Bill [HL].
Compensation Bill [HL]
I see a great deal of attraction in the phrase ““public benefit”” in that it is understood; I find it immediately understandable. It seems to me to cover almost every circumstance where this rule should apply. I have severe objections to subsection (2) in Amendment No. 13, which is an entirely inappropriate list. Beyond anything else, it does not cover trees. Indeed, there was a celebrated case last year where a council was determined to cut down a conker tree because the kids were in the habit of climbing it to get conkers. That is exactly the sort of thing that we ought to deal with. A tree in a park is provided for the public benefit; that is sufficient to come in under this. I really do not think that we need this list; if we need a list it can be by way of illustration. I do not see the purpose of subsection (3) of Amendment No. 13, which rules in or rules out various categories of offender in a way that is unnecessary. Subsection (1) of Amendment No. 13 is wonderful, and I would very much like to understand the reasons why that was not the phrase chosen.
Secondary information
- Type
- Proceeding contribution
- Reference
- 676 c206GC
- Session
- 2005-06
- Chamber / Committee
- House of Lords Grand Committee
- Subjects
- Complaints Children Compensation Courts Accidents Common law Liability Insurance Extracurricular activities Personal injury Negligence Outdoor education Schools Training Regulation Voluntary work Risk assessment Small claims
- Legislation
- Compensation Bill (HL) 2005-06
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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