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NHS Redress Bill [HL]

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 17. This new clause imposes a general duty to promote resolution under the scheme. A duty will now be imposed on scheme members and the scheme authority to have regard when carrying out their functions under the scheme to the desirability of settling the case. The redress scheme to be established under the powers in the Bill aims to open up access to justice for the less articulate, less wealthy and those who traditionally would have been fed up and would have abandoned the process before a case is completed. Providers of NHS services will now be expected to take forward cases when they believe there may be a case of negligence. An active approach of redress will be required under the scheme. There will be scheme members who are already taking an active approach to complaints and to clinical negligence cases. Some organisations will be prepared to be open and honest and will embrace the redress scheme, but there will be others who continue to be defensive and drag their heels. We need to do all we can to ensure that this will not happen. The new clause signals that the redress scheme is not simply a parallel process to run alongside the courts. It is intended to be the primary means by which disputes arising out of NHS hospital services are, where reasonably practicable, to be resolved rather than leaving cases to be pursued through the courts. It would be wrong to require cases to be settled under the scheme willy-nilly, but the desirability of resolution is a factor that must be taken into account along with all other relevant considerations. For those reasons, I commend the Motion to the House. Moved, That the House do agree with the Commons in their Amendment No. 17.—(Lord Warner.)