Baroness Hamwee (LD)

My Lords, Amendment 37A is in my name and that of the noble Lord, Lord Carlile of Berriew. Clause 31 of the Bill provides that, “Except so far as this Part or regulations under this Part provide, nothing … confers a right of action in any civil proceedings in respect of a contravention of a requirement imposed by … this Part”. It then goes on to say that that subsection “does not affect any right of action which exists apart from the provisions of this Part”. I was quite confused by that clause, and relieved that the noble Lord, Lord Carlile, also sought clarity. Our amendment would provide that: “Nothing in this Act or regulations made under it affects any right of action in civil proceedings”. If we have interpreted the provision correctly, that is a rather more straightforward way of saying it. When the point was raised at Second Reading, the Minister said that the lack of time meant that we did not have the opportunity then to discuss the clause in detail. He said there would be opportunities in due course, so I am taking this opportunity. My question is, quite straightforwardly: does the amendment express what the Government are seeking to say, particularly with regard to breach of statutory duty? If it is not as the amendment sets out, why not? I beg to move.