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Compensation Bill [HL]

Removing the concept of desirability would be absolutely disastrous. The whole point behind the Tomlinson case is that access to the park was beneficial to the public.  Risks therefore had to be accepted that in other circumstances might not have been. To remove ““desirable”” and leave ““activity”” would mean that the court would have to look at the circumstances involved in people going to a pub to drink themselves out of their senses, for instance. By any standards, that is hardly a desirable activity. The concept of desirability is central here. It may apply in commercial circumstances; you may be able to say that it is desirable that parents be able to take their children to enjoy themselves at leisure parks and so on, and that risks there may have to be accepted. However, the word cannot simply be removed altogether.