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NHS Redress Bill [Lords]

As I explained, we amended the Bill to improve openness, transparency and accountability for the patient concerned. Let me make it absolutely clear, however, that we do not favour an independent scheme, as we would lose the benefits of an NHS trust owning up to, and being open about, mistakes that have been made, learning from them and making changes to prevent such things happening to other people. That is preferable to a process whereby a third party is engaged to look at the trust and its performance, which would not foster the culture that we are trying to achieve. The right to an independent investigation is not affected by the scheme, as people still have the right to pursue independent legal action if, after receiving the investigation report, they are not confident that their case was adequately investigated. They retain the right to progress to an independent stage. To pull independence into the scheme would create something different, as it is a first-stage scheme. The hon. Gentleman will know that any organisation that receives a complaint conducts a first-stage investigation itself before moving to the second stage where independence comes into play. Opposition Members have confused the two notions.