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NHS Redress Bill [HL]

Secondary information

Type

Parliamentary proceeding

Reference

675 c327-86GC 

Session

2005-06

Department

Department of Health

Committee of the Whole House (HL)

Legislative stage

Committee stage

Chamber / Committee

House of Lords Grand Committee

Related items

NHS Redress Bill (HL). Explanatory notes HL Bill 22-EN also published.
Wednesday, 12 October 2005
Bills
House of Lords

Deposited Paper DEP 05/1773
Tuesday, 20 December 2005
Deposited papers
House of Lords
House of Commons

Proceeding contributions

Lord Warner | 675 c364-5GC (Link to this contribution) There are two slightly different amendments here. Amendment No. 19 would remove the explicit power f...

Earl Howe | 675 c373GC (Link to this contribution) Once again, it would be of assistance to the Committee if the Minister were given an opportunity to ...

Show all contributions (115)

Earl Howe | 675 c340GC (Link to this contribution) I am grateful to the noble Baroness, Lady Barker, for raising that point, which I confess had not oc...

Baroness Neuberger | 675 c338-9GC (Link to this contribution) I thank the Minister for his explanation. But I find at least part of it somewhat puzzling, particul...

Earl Howe | 675 c341-2GC (Link to this contribution) moved Amendment No. 5:"Page 2, line 7, leave out subsection (7)." The noble Earl said: This is a pr...

Lord Warner | 675 c357GC (Link to this contribution) Amendment No. 16 removes Clause 3(4)(d), an explicit provision that allows the scheme to,"““specify ...

Earl Howe | 675 c362GC (Link to this contribution) Will the Minister reply to the question that I asked at the beginning about compensation taking the ...

Baroness Neuberger | 675 c360GC (Link to this contribution) An accurate description would be that I support the noble Earl, Lord Howe, for part of the way. We, ...

Baroness Neuberger | 675 c363-4GC (Link to this contribution) I thank the Minister for his reply. Before I withdraw the amendment, I should still like to ask abou...

Earl Howe | 675 c364GC (Link to this contribution) moved Amendment No. 19:"Page 3, line 9, leave out paragraph (d)." The noble Earl said: This is a pr...

Baroness Barker | 675 c365-6GC (Link to this contribution) moved Amendment No. 20:"Page 3, line 14, at end insert ““provided that any individual who meets the ...

Lord Warner | 675 c366-7GC (Link to this contribution) Let me assure the noble Baroness that patients can trigger the scheme. Clause 4(2)(f) enables the sc...

Lord Warner | 675 c353GC (Link to this contribution) The sheer poetry of the scheme will be fully revealed in the guidance which will be made under Claus...

Baroness Neuberger | 675 c356GC (Link to this contribution) I thank the Minister for his reply. I beg leave to withdraw the amendment. Amendment, by leave, wit...

Baroness Barker | 675 c377-8GC (Link to this contribution) I thank the Minister for his reply, but there is something that does not quite follow. The provision...

Baroness Barker | 675 c380-1GC (Link to this contribution) I have listened to the Minister and I understand his point. To a certain extent, we on these Benches...

Lord Warner | 675 c380GC (Link to this contribution) If I were being mischievous—which I never am—I would be pleased to see the odd chink, which may turn...

Baroness Neuberger | 675 c379-80GC (Link to this contribution) I rise to support the amendment moved by the noble Earl, Lord Howe. For those of us on these Benches...

Baroness Barker | 675 c368GC (Link to this contribution) moved Amendment No. 21:"Page 3, line 14, at end insert—" ““(   )   requiring proceedings under the...

Lord Warner | 675 c374-5GC (Link to this contribution) Amendment No. 24, as I understand it, provides that those bodies that may be placed under the duty i...

Baroness Neuberger | 675 c373GC (Link to this contribution) Having heard that, and hoping to hear further from the Minister, I beg leave to withdraw the amendme...

Earl Howe | 675 c386GC (Link to this contribution) I think that it does. I am grateful for the Minister’s full reply. However, I shall have to reflect ...

Lord Warner | 675 c384GC (Link to this contribution) Amendments Nos. 36 and 38, as the noble Baroness said, are similarly worded. They would have the eff...

Baroness Neuberger | 675 c335GC (Link to this contribution) I thank the Minister for his very considerable attempt to satisfy us on why these amendments do not ...

Lord Warner | 675 c330-5GC (Link to this contribution) There are an extremely large number of amendments in this group, so I hope that the Committee will f...

Earl Howe | 675 c335-7GC (Link to this contribution) I am grateful for the Minister’s very full reply and for the supportive comments of the noble Barone...

Earl Howe | 675 c339GC (Link to this contribution) moved Amendment No. 3:"Page 1, line 12, at end insert—" ““(   )   a Foundation Trust,”” The noble...

Lord Warner | 675 c339GC (Link to this contribution) Does the noble Baroness accept that we have a totally different system, certainly for GPs, to provid...

Earl Howe | 675 c344GC (Link to this contribution) This has been a useful short debate, to which the two noble Baronesses on the Liberal Democrat Bench...

Baroness Barker | 675 c344GC (Link to this contribution) I thank the Minister very much for that. I raised only a couple of examples; there are many more tha...

Baroness Barker | 675 c342-3GC (Link to this contribution) I cannot resist the temptation to take part in a debate that starts with the words, ““This is intend...

Baroness Tonge | 675 c343GC (Link to this contribution) I shall add another question to the bombardment that the Minister is suffering so gracefully. The Go...

Earl Howe | 675 c341GC (Link to this contribution) I am grateful for that explanation, which I shall reflect on. I beg leave to withdraw the amendment....

Lord Warner | 675 c348GC (Link to this contribution) I can see that there is strong feeling on this issue. I do not want to fall out with noble Lords ove...

Baroness Neuberger | 675 c348GC (Link to this contribution) I would like to pursue this matter a little. In the NHS, we have a history of explanations being any...

Lord Warner | 675 c347-8GC (Link to this contribution) The Government are always very careful about inserting four letter words into any legislation. For t...

Baroness Tonge | 675 c347GC (Link to this contribution) I support the noble Earl, Lord Howe, on this amendment. It may seem rather trivial to insist on the ...

Lord Warner | 675 c363GC (Link to this contribution) The Bill allows the Secretary of State to set up a redress scheme for the NHS and to set out the det...

Baroness Neuberger | 675 c362-3GC (Link to this contribution) moved Amendment No. 18:"Page 3, line 4, leave out ““may”” and insert ““shall””" The noble Baroness ...

Lord Warner | 675 c364GC (Link to this contribution) I am happy to give an assurance that there will be a sense of urgency on a compensation-based scheme...

Baroness Neuberger | 675 c364GC (Link to this contribution) I thank the Minister for his reply, and I beg leave to withdraw the amendment. Amendment, by leave,...

Baroness Barker | 675 c367GC (Link to this contribution) I thank the Minister for that reply. He spoke about members of the scheme actively identifying compl...

Earl Howe | 675 c348GC (Link to this contribution) I am very grateful to the Minister for that reply, which I think does justice to the points that the...

Lord Warner | 675 c352-3GC (Link to this contribution) I am sure that the noble Baroness probably received a gentle chiding from me rather than anything el...

Lord Warner | 675 c351-2GC (Link to this contribution) I agree that the provision of apologies where appropriate will form a key part of the response of sc...

Lord Turnberg | 675 c350-1GC (Link to this contribution) I rise to support the principle behind the amendments that we are discussing. It is absolutely vital...

Baroness Tonge | 675 c350GC (Link to this contribution) I rise to support the noble Earl, Lord Howe, on Amendments Nos. 9 and 33, and to speak to Amendment ...

Lord Brougham and Vaux | 675 c348-9GC (Link to this contribution) There is a printing error in Amendment No. 9 in the Marshalled List. The amendment should read: ““Pa...

Baroness Barker | 675 c353GC (Link to this contribution) There are many different kinds of poetry. I do not believe that the Minister answered the specific p...

Earl Howe | 675 c353-4GC (Link to this contribution) I thank the Minister for his encouraging reply in relation to Amendment No. 9. I am also grateful fo...

Earl Howe | 675 c356-7GC (Link to this contribution) moved Amendment No. 16:"Page 2, line 39, leave out paragraph (d)." The noble Earl said: Subsection ...

Earl Howe | 675 c355GC (Link to this contribution) The Minister appears to be saying that where a case is seen as falling outside the scope of the redr...

Earl Howe | 675 c383-4GC (Link to this contribution) I shall conclude by saying that I do not think there is any divide between the noble Baroness, Lady ...

Lord Warner | 675 c381-3GC (Link to this contribution) I am afraid that we will have to agree to disagree on this issue. Bringing in a large number of inde...

Baroness Neuberger | 675 c383GC (Link to this contribution) I am somewhat disappointed by parts of the Minister’s response. On both sides of the Chamber we are ...

Lord Warner | 675 c372-3GC (Link to this contribution) I would like to take advice before giving an unfettered reassurance to the noble Earl. What I said o...

Lord Warner | 675 c371-2GC (Link to this contribution) Amendment No. 22 would place a specific duty on scheme members to inform a patient when a mistake ha...

Baroness Neuberger | 675 c370GC (Link to this contribution) moved Amendment No. 22:"Page 3, line 14, at end insert—" ““(   )   There shall be a duty upon sche...

Earl Howe | 675 c370-1GC (Link to this contribution) I very much agree with everything the noble Baroness has said, and I would like to add only a few co...

Baroness Neuberger | 675 c375-6GC (Link to this contribution) I accept most of what the Minister says, but I am still a little concerned about the independent ele...

Lord Warner | 675 c376GC (Link to this contribution) This is one of the issues that will be set out in detail in the guidance, but I can say on the recor...

Earl Howe | 675 c385GC (Link to this contribution) moved Amendment No. 37:"Page 3, line 40, at end insert—" ““(   )   A scheme must provide that any ...

Baroness Barker | 675 c384GC (Link to this contribution) moved Amendment No. 36:"Page 3, line 40, at end insert ““except in the case of a settlement agreemen...

Earl Howe | 675 c327-9GC (Link to this contribution) moved Amendment No. 1:"Page 1, line 4, leave out ““without recourse to civil proceedings””" The nob...

Lord Brougham and Vaux | 675 c327GC (Link to this contribution) Before I put the Question that the Title be postponed, I remind your Lordships of two points of proc...

Baroness Neuberger | 675 c337GC (Link to this contribution) moved Amendment No. 2:"Page 1, line 9, leave out ““services in a hospital”” and insert ““health serv...

Lord Warner | 675 c337-8GC (Link to this contribution) As the noble Baroness said, the amendment would result in the redress scheme covering people with qu...

Earl Howe | 675 c344-5GC (Link to this contribution) I should like to take a minute or two to debate Clause 2 in its entirety, because like a number of o...

Earl Howe | 675 c347GC (Link to this contribution) moved Amendment No. 8:"Page 2, line 23, leave out ““an”” and insert ““a full””" The noble Earl said...

Earl Howe | 675 c346-7GC (Link to this contribution) I am most grateful to the Minister for that very open and honest reply, which sheds some extremely u...

Baroness Neuberger | 675 c345GC (Link to this contribution) I support the noble Earl, Lord Howe, in his question to the Minister. The Minister said that I had a...

Earl Howe | 675 c357-8GC (Link to this contribution) I am very grateful to the Minister for that encouraging reply. The fact that there is no current int...

Baroness Neuberger | 675 c357GC (Link to this contribution) I support the noble Earl on this amendment. We have already been around the issue of whether, in a s...

Lord Warner | 675 c360-2GC (Link to this contribution) I shall not repeat all the things that I said earlier today about the coherence of this scheme, whic...

Earl Howe | 675 c358-60GC (Link to this contribution) Once again, perhaps we could spend a moment or two discussing the provisions of Clause 3 since, alon...

Lord Warner | 675 c362GC (Link to this contribution) I apologise for not responding to the noble Earl on the point he made about Clause 3(3)(a). He is ri...

Baroness Neuberger | 675 c364GC (Link to this contribution) I shall speak to Amendment No. 23, having heard what the noble Earl, Lord Howe, has said. We feel st...

Earl Howe | 675 c365GC (Link to this contribution) I thank the Minister for that reply and I accept that there is inevitably an area of uncertainty in ...

Baroness Barker | 675 c353GC (Link to this contribution) The Minister prays in aid Clause 10(2)(h). However, will he direct me to the part of the Bill which ...

Baroness Tonge | 675 c352GC (Link to this contribution) I must confess to a little confusion. As regards an explanation being given and steps being taken to...

Earl Howe | 675 c349-50GC (Link to this contribution) moved Amendment No. 9:"Page 2, line 23, at end insert ““and" (   )   the giving of an apology in a...

Lord Warner | 675 c356GC (Link to this contribution) In the spirit of helpfulness for which I am renowned in this Committee, I shall take this issue away...

Baroness Neuberger | 675 c355-6GC (Link to this contribution) I thank the Minister for his reply. I am still worried by ““except in specified circumstances””. If ...

Lord Warner | 675 c354-5GC (Link to this contribution) The amendment would prevent the scheme specifying circumstances in which cases might be exempt from ...

Baroness Neuberger | 675 c354GC (Link to this contribution) moved Amendment No. 11:"Page 2, leave out line 24." The noble Baroness said: This amendment takes i...

Lord Warner | 675 c355GC (Link to this contribution) I was talking about two different issues. One is the extent to which it may become apparent that a p...

Lord Warner | 675 c377GC (Link to this contribution) As the noble Baroness said, Amendment No. 26 would commit the scheme to engage an independent medica...

Baroness Barker | 675 c376-7GC (Link to this contribution) moved Amendment No. 26:"Page 3, line 30, leave out paragraphs (a) and (b) and insert—" ““(   )   f...

Earl Howe | 675 c378-9GC (Link to this contribution) moved Amendment No. 27:"Page 3, line 30, at end insert ““any such investigation to be by a person in...

Baroness Barker | 675 c369-70GC (Link to this contribution) I thank the Minister for that response. I take his point about the time limitation for taking a case...

Lord Warner | 675 c368-9GC (Link to this contribution) One of the main objectives of the NHS redress scheme is to provide a mechanism for resolving claims ...

Baroness Barker | 675 c367-8GC (Link to this contribution) I thank the Minister very much for that reply. I do not wish to give the impression that we on these...

Lord Warner | 675 c367GC (Link to this contribution) I draw the noble Baroness’s attention to the provisions in Clauses 4(2)(a) and (e), which require gu...

Earl Howe | 675 c372GC (Link to this contribution) Is the Minister able to go a little further than that? If we imagine that someone is unhappy about a...

Earl Howe | 675 c374GC (Link to this contribution) I am most grateful to the Minister for that reply. Clause 4 agreed to. Clause 5 [Duty to consider ...

Lord Warner | 675 c373-4GC (Link to this contribution) We have to an extent covered some of these issues; I have cited Clause 4(2)(f) several times on the ...

Baroness Neuberger | 675 c374GC (Link to this contribution) moved Amendment No. 24:"Page 3, line 24, leave out ““to whose liability a scheme applies”” and inser...

Baroness Neuberger | 675 c376GC (Link to this contribution) I am grateful to the Minister for his reply. I beg leave to withdraw the amendment. Amendment, by l...

Viscount Simon | 675 c376GC (Link to this contribution) In calling Amendment No. 26, I advise the Committee that if it is agreed to, I cannot call Amendment...

Viscount Simon | 675 c386GC (Link to this contribution) The Committee stands adjourned until Wednesday at 3.30 pm.

Lord Warner | 675 c386GC (Link to this contribution) This may be a convenient moment for the Committee to adjourn until Wednesday at 3.30 pm.

Lord Warner | 675 c385-6GC (Link to this contribution) This is a technical set of issues. Amendment No. 37 would enable civil proceedings to be commenced i...

Baroness Barker | 675 c384-5GC (Link to this contribution) It will not surprise the Minister to hear that I prefer the wording of my version to his, but, that ...

Baroness Neuberger | 675 c329-30GC (Link to this contribution) I rise to support the very long list of amendments that we are discussing. We on the Liberal Democra...

Baroness Barker | 675 c340GC (Link to this contribution) The noble Earl, Lord Howe, and I have sat through many happy hours discussing the rights of patients...

Lord Warner | 675 c340GC (Link to this contribution) I am not aware whether this applies to any hospitals abroad. A scheme was operating, but I believe t...

Baroness Barker | 675 c340GC (Link to this contribution) In view of the Minister’s answer, does that include hospitals abroad providing services under contra...

Lord Warner | 675 c339-40GC (Link to this contribution) As the noble Earl, Lord Howe, said, the amendment seeks to provide on the face of the Bill for the q...

Baroness Neuberger | 675 c339GC (Link to this contribution) I absolutely accept what the Minister has said about the specific arrangements to do with general pr...

Lord Warner | 675 c343-4GC (Link to this contribution) This has been an interesting debate. I first compliment the noble Earl, Lord Howe, on his excellent ...

Earl Howe | 675 c340-1GC (Link to this contribution) moved Amendment No. 4:"Page 1, line 21, after ““illness,”” insert ““advice given to any patient””" ...

Lord Warner | 675 c341GC (Link to this contribution) As the noble Earl has said, the amendment would specify in the Bill that liabilities and tort arisin...

Lord Warner | 675 c348GC (Link to this contribution) He has the ability to make a complaint. I recognise that this is a difficult issue. In the overwhelm...

Earl Howe | 675 c348GC (Link to this contribution) I thank the Minister for that helpful answer. My supplementary question to him is what would happen ...

Lord Warner | 675 c345-6GC (Link to this contribution) I will respond briefly about the overall purpose of Clause 2. The clause sets out that a scheme may ...

Subjects

Complaints Compensation Codes of practice Accountability Courts Civil proceedings Advisory services Hospitals Health services Inquiries Evidence Eligibility Liability Exemptions Injuries NHS Patients Protection Payments Negligence Time limits Torts

Legislation

NHS Redress Bill (HL) 2005-06

Link

View this Parliamentary proceeding on www.publications.parliament.uk