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Proceeding contribution from Andy Burnham (Labour) in the House of Commons on Monday, 6 November 2006. It occurred during Debate on bill on NHS Redress Bill (HL).


NHS Redress Bill [Lords]

The hon. Gentleman is right. My predecessor acknowledged that this scheme may, by facilitating access to redress, lead to more people bringing forward cases and fewer people abandoning cases. As the hon. Gentleman knows because he was on the Standing Committee considering the Bill, a high rate of cases are abandoned. The measure is not principally a cost-cutting scheme. What we want to do is reduce the money that is spent on fighting lengthy processes. That may lead to more money being paid out in redress to those patients who deserve that redress, but it should lead to a reduction—the hon. Gentleman has helpfully given me the opportunity to be clearer about this—in the costs spent in fighting a legal process. As he knows, they can be considerable. I was putting on record some of the complicated questions that have yet to be resolved. Someone has to have the final say and that person has to be knowledgeable about the facts of the case and the way that the investigation has been undertaken so that they are able to take decisions. It must be someone who has been involved throughout the investigation process, not simply someone who reads the final report. The arguments about costs and bureaucracy will not go away. We were told in another place that surely the cost implications are de minimis, but members will still have to carry out their own investigations so there will be duplication and therefore extra costs. Members will not hand over responsibility to another trust. I have described the improvements that we have made to the Bill as it has gone through this House. I again pay tribute to colleagues who helped us in that process. As a result, patients will be given their investigation report—let me be absolutely clear about that—and they will also be given a report on the action to be taken to prevent the same mistake from happening again. That, in my view, is overwhelmingly what patients want. It will be a transparent process; patients will know full well whether the facts of their case have been looked into fairly and fully. We agree with Opposition Members that the scheme will be given credibility by an open and robust investigation, but we have already provided for that. Credibility will not be given by one scheme member investigating another. We have also tabled an amendment that specifically enables a scheme to provide for investigations to be overseen by a person of a specified description. That overseer will not be independent, but the amendment demonstrates further our commitment to ensuring a thorough local investigation. The scheme can specify the qualifications and experience that the person who oversees the investigation by the scheme member at the local level must have. That will benefit patients. They will know who has overall responsibility for the investigation into their case and who to contact about their investigation. I believe that I have been over most of the ground that we have covered and I hope that I have put before the House some of the areas where we have made changes and have sought to be reasonable. I am concerned that the amendments that we passed on Report were not fully appreciated by another place and I urge it to consider the fact that they were passed by a significant majority in this House. I hope that, following today’s proceedings and the amendment that we are making to further improve the accountability of the NHS redress scheme, the scheme will now move forward and do what we want it to do—get on with the job of building a better and more responsive complaints-handling process at local level in the NHS and provide a much more satisfactory outcome to patients who bring forward the complaints that we, as Members of Parliament, have to deal with.


Secondary information

Type
Proceeding contribution
Reference
451 c585-6 
Session
2005-06
Chamber / Committee
House of Commons chamber
Subjects
Complaints Disclosure of information Accountability Inquiries Liability Legal costs NHS Patients NHS trusts Ombudsman Negligence Torts
Legislation
NHS Redress Bill (HL) 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk