Proceeding contribution from John Baron (Conservative) 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]
I suggest to the Minister that his remarks are somewhat contradictory. He has made it clear at the Dispatch Box that he accepts that the fact-finding stage will remain just that—a process to determine the facts—and it will then be up to the NHSLA to assess liability. I therefore cannot understand why that clear separation of the two functions cannot be spelled out on the face of the Bill. I ask the Minister to turn his attention to the investigation reports. Clarity about what the report covers is important. Will the report made available to the patient cover only the fact-finding stage, or will it include the fault-finding stage as well? That is important. Any offer will, presumably, be made on a without prejudice basis—in other words, it cannot imply liability—but the reports will not ordinarily be disclosable if they include the fault-finding stage, because they might imply liability. The reports should therefore be restricted to the fact-finding stage only; otherwise, the scheme risks being functionally incoherent. Will the Minister clarify that point for the House?
Secondary information
- Type
- Proceeding contribution
- Reference
- 451 c590
- 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
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