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Health and Social Care Bill

My Lords, I want to say a few words on proposed new sub subsection (1)(e) referred to by the noble Baroness, Lady Cumberlege. What I have to say arises out of a conversation I had with a provider. Paragraph (e) says, "““the need to ensure that action by the Commission in relation to health and social care services is proportionate to the risks against which it would afford safeguards and is targeted only where it is needed””." ““Where it is needed”” is the judgment of the commission. It was put to me that that might be the peg on which someone who felt they were being unreasonably targeted might want to bring legal action against the commission, which would defeat, as I understand it, the purposes of the Bill. If they were targeted and felt penalised, they would argue with the commission, ““You are acting unfairly and unreasonably””. Do the Government feel that that wording is somehow insulated from the possibility of any legal action?