Clause 2 - Statements of Inherent Risk
Promotion of Volunteering Bill
11:15 am
Mr Julian Brazier (Shadow Minister, International Affairs; Canterbury, Conservative)
This is the last set of amendments that deals with the core of the Bill. I shall take three or four minutes to reply the main points made, and will then briefly explain my own amendments on the concept of reckless disregard.
The central point is that we are not trying to permit negligence. It is wrong to suggest that the threat of instructors being sued in the civil courts provides safety. Safety comes from the culture, commitment and training of the instructors involved, and is backed by criminal law. In respect of New Zealand, the great disaster on Everest in 1997 is a concrete example. The New Zealand mountaineering instructor kept going back to rescue admittedly paid clients. He got three of them off the mountain alive, and died trying to save the last one. It was not the laws of contract that kept that man going. We are trying to encourage the sort of structured activity that is under attack from these cases, so that kids do not try to take their risks outside.
Another point needs to be highlighted before the sitting is adjourned. The rest of the voluntary sector can tackle its problems by increasing safety further. We are dealing with the one quarter of the voluntary sector where risk is inherent, and where we will destroy all the challenge and excitement by making things absolutely safe. That is the fundamental point.
The Minister keeps saying that the number of cases is declining. However, we are dealing with only a tiny proportion of all litigation. I think that I read out on Second Reading six examples of cases currently under way for the Central Council of Physical Recreation.
It being twenty-five minutes past Eleven o'clock, The Chairman adjourned the Committee without Question put, pursuant to the Standing Order.
Adjourned till this day at half-past Two o'clock.