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NHS Redress Bill [Lords]

We have made it clear that we support the sentiment behind the Bill and therefore we have no problem in supporting the sentiment behind the new clause. In many ways, it is inherently obvious and what it says goes without saying. It could be argued that that raises the question of why it has to be included in the Bill. The Minister will be fully aware that we welcome and support the good intentions underlying the redress scheme. Our problem is that we have difficulties with some of the detail and content of the operation of the Government’s proposed scheme. It is ironic that the new clause refers to"““the desirability of redress being provided without recourse to civil proceedings.””" In many respects, and with due respect, those words could be construed as misleading. If the Government have their way, the redress scheme will replicate the difficulties of the civil litigation scheme instead of representing a genuine alternative to litigation. That is anything but desirable. The Government are proposing that the role of lawyers be extended to any stage prior to the offer, including the joint instruction of medical experts. However, the redress scheme is not conceived as a judicial process, so the question of legal representation should not arise. Legal rights are not being asserted or defended. Thus there will be lawyers involved in a process that is non-determinative and non-binding. The scheme will not ensure the closure, certainty or finality of a court process. It will attract the problems of civil legal proceedings, such as expensive lawyers, protracted cases and complexity, without the good aspects of the judicial process, such as finality and independence. It is, in many respects, a lose-lose situation. I suggest to the hon. Member for Birmingham, Erdington (Mr. Simon)—I think that he almost conceded this point in his remarks—that the new clause is legally meaningless. As a matter of statutory construction, it merely provides for an expression of good intent. It does not bestow any legal rights. It neither confers a power, nor prescribes a duty. Instead, it expresses a requirement that there must be regard to "““the desirability of redress being provided without recourse to civil proceedings.””" In legal terms, it is meaningless. It is not enforceable and would not appear to give rise to legal remedies, whether in public law or private law. In many respects, his new clause is empty. It does not bring anything new to the Bill or to the present situation as it stands. The NHS Litigation Authority, for example, has always had the power to settle cases. The health service has always had the power to resolve claims without recourse to civil proceedings. In short, because the provision will have little basis in reality if the Government have their way, we suggest that the new clause is unnecessary. It is a bit of waste and so we will not waste the House’s time in forcing a vote on it.