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NHS Redress Bill [HL]

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 1 and 2. This group of amendments deals primarily with the provision of reports to individual patients, and annual reports. Amendments Nos. 1 and 2, made to Clause 3(2) in the other place, provide that redress will now ordinarily also include the giving of a report on the action that has been, or will be, taken at local level to prevent similar cases arising. During the debate in both this House and another place, the point has been well made that patients harmed during their NHS healthcare often say that they do not want that to happen to anyone else. There will be occasions where mistakes can simply be ascribed to genuine human error or where no procedural changes need to be made, and there a report of that type will not be appropriate. In these specific types of circumstances, the scheme may provide that a report will not be necessary. Ordinarily, though, such a report will now be provided. Amendment No. 6, agreed in the other place, requires the scheme to provide for the findings of an investigation to be recorded in a report, which is to be made available on their request to the individual seeking redress. To reduce unnecessary bureaucracy for scheme members, we do not wish to impose an extra burden on them to provide the investigation report in every case. In some cases, an explanation may be adequate, but these amendments now ensure that, ordinarily, the investigation report will be provided if requested. The amendments enable the scheme to provide that the report need not be provided before an offer is made or before proceedings are terminated, which is also intended to reduce the administrative burden on scheme members. It is envisaged that when the offer of redress is made an investigation report will be sent to the individual, where they want a copy of it. That will give them a complete set of documentation, which they can then consider with their legal adviser when the offer under the scheme is being assessed. The amendments also enable the scheme to specify other circumstances where the reports need not be provided. That is intended to be used for rare cases where, for example, the person seeking redress is not the patient and it is considered appropriate to withhold certain confidential health information. I wish to provide reassurance that any exceptions will be the subject of full consultation. I hope that the amendments made in the other place will satisfy noble Lords that we fully intendthe investigative process to be transparent. The investigation report will not be kept back on grounds that it is privileged, nor will it be claimed that investigation reports are ““without prejudice”” and inadmissible in any subsequent legal action. Regarding Amendments Nos. 11, 14 and 15, it has been the Government’s intention to require a member of the redress scheme to prepare and publish an annual report about cases falling under the scheme and the lessons to be learnt from them. However, Clause 10(2)(i) of the Bill, as drafted, provided that a scheme may require a member of it to prepare and publish an annual report about such cases and their lessons. These amendments are a response to the discussions that have taken place in both this House and another place. They place on the face of the Bill a requirement on scheme members to publish an annual report. The ““may”” has been replaced by ““must””. Finally in this group, I turn to AmendmentsNos. 12 and 13. Both are minor drafting amendments and clarify existing policy. Amendment No. 12 leaves out the words ““a specified person”” in Clause 10(2)(h) and replaces it with the words, "““an individual of a specified description””." The amendment makes clearer the intention that the scheme may require a member to give an individual of a specified description responsibility for overseeing the scheme. The provision will enable the schemeto specify qualifications and experience, to be determined after consultation with stakeholders, that such an individual must possess to undertake the role. Amendment No. 13 splits Clause 10(2)(h) to avoid any implication that only a person who has given responsibility for overseeing the carrying out of functions can be given responsibility for advising on lessons to be learnt. As we draw up the secondary legislation, we may wish to enable bodies to appoint two different types of people to carry out the two functions. For that reason, it again seems preferable to retain flexibility by splitting up the function. I commend the amendments. Moved accordingly and, on Question, Motion agreed to. "3: Clause 6, page 4, line 10, leave out ““(3) and”” and insert ““(2A) to””"