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NHS Redress Bill [Lords]

There is a built-in incentive for trusts to settle under the scheme because if they fail to do so, they face the prospect of duplicating effort and going through a further legal battle. The fact that the scheme contains a built-in incentive for trusts to settle will help to build faith in it. That is precisely why my hon. Friend the Member for Birmingham, Erdington tabled his new clause, putting a positive duty on seeking resolution, thereby avoiding the need to go to the courts. He was absolutely right about that, but we have provided for independent oversight of the scheme through the ability of individuals to take their case to the parliamentary ombudsman. People can ask the ombudsman to ascertain whether or not a case was adequately investigated and the process handled properly—a responsibility that the ombudsman has welcomed. In dealing with issues raised by the hon. Member for Wyre Forest (Dr. Taylor), I would argue strongly that the success of the scheme will be judged by the reduction in the number of cases that go up to the second level. I would like to see a substantial reduction of cases going up to the Healthcare Commission level or on to the courts. It is precisely because the first stage of the investigation is inadequate that people feel that they have to go up to the higher level and it has to be right to encourage the NHS to do a better job at that first stage. We will thus avoid the need for cases to be passed up to the Healthcare Commission or the courts. We have had a long debate about the scheme that we propose and the costly, bureaucratic, complicated scheme that the Opposition are seeking to impose on us. They are asking us to accept a bunch of amendments that, quite frankly, have not been thought through and are completely chaotic. I will not go there, so I ask my hon. Friends not to accept such a proposition and to resist the amendments.