In anticipation of other challenges on that issue, hon. Members will know of the Pepper v. Hart judgment, whereby should Ministers try to give indications of constraints on certain issues when speaking at the Dispatch Box, their comments can be used by the courts and by others to stifle debate.
I do not want to do that. As I have said, the unfairness test is not a new concept for the industry. The contributions that Members will make in Committee will give us an opportunity to develop wider parameters that will be very clear when it comes to court cases. However, if we are too restrictive at this stage, there may be loopholes.