Member

Finally, I turn to the definition of “recklessness” in Amendment 26. Clause 5(1)(b)(ii) applies the test of recklessness to the offence of failing to comply with the duty of candour. You can therefore be guilty of that offence if you intend that your failure will impede the injury or, in sub-paragraph (ii), if you are reckless as to whether it will do so. We do not challenge the addition of recklessness in principle. The amendment probes whether the Government feel it is more important to rely on the common law definition of recklessness, or whether we should make the Bill clearer by including a statutory definition of recklessness.