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Debate on bill and Committee proceeding on Wednesday, 23 November 2005, in the House of Lords.

NHS Redress Bill [HL]

Secondary information

Type
Parliamentary proceeding
Reference
675 c387-430GC 
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
Deposited Paper DEP 05/1773
Tuesday, 20 December 2005
Deposited papers
House of Lords
House of Commons
Proceeding contributions
Lord Warner | 675 c393GC (Link to this contribution) I am happy to give the assurance that we will give some more detail, if we can, about how the NHSLA ...
Baroness Royall of Blaisdon | 675 c397GC (Link to this contribution) As I understand it, it will be provided by a solicitor on the approved list.
Show all contributions (74)
Lord Colwyn | 675 c400GC (Link to this contribution) Can the Minister clarify Clause 8(2)? The way I read the clause, it would seem that the legal advice...
Baroness Royall of Blaisdon | 675 c400GC (Link to this contribution) If legal advice is needed it will be provided by a solicitor. If it is not legal advice, then it cou...
Earl Howe | 675 c411-2GC (Link to this contribution) Once again, the clause contains generalised provisions and gives little away as to what they will me...
Baroness Royall of Blaisdon | 675 c427-9GC (Link to this contribution) I thank my noble friend Lord Rowlands for that intervention. I pay tribute to him as the godfather o...
Earl Howe | 675 c430GC (Link to this contribution) I thank the Minister for that information. I am sure that we all await the publication of the new Bi...
Earl Howe | 675 c429-30GC (Link to this contribution) I thank the Minister for that full reply and I am grateful for the helpful intervention from the nob...
Baroness Royall of Blaisdon | 675 c430GC (Link to this contribution) Perhaps I may add a word in response to the noble Earl. The framework powers are not dependent on th...
Lord Warner | 675 c390GC (Link to this contribution) My understanding is that this will come out of the pot of money for the scheme itself. But I will co...
Earl Howe | 675 c393GC (Link to this contribution) I draw some comfort from that reply, which was very helpful. I am pleased to hear that it is not env...
Baroness Neuberger | 675 c397-8GC (Link to this contribution) As we have discussed, there are a fair number of concerns about Clause 8 in general. I return to the...
Baroness Neuberger | 675 c396-7GC (Link to this contribution) May I tease out further information about the legal advice? I am assuming that the noble Baroness is...
Baroness Neuberger | 675 c400-1GC (Link to this contribution) I am grateful to the Minister for what she has said. However, perhaps I may tease out from her furth...
Earl Howe | 675 c405GC (Link to this contribution) We have just spoken about PALS and ICAS. The key here is that any form of assistance provided to a p...
Baroness Royall of Blaisdon | 675 c407-8GC (Link to this contribution) Clause 9 requires the Secretary of State to arrange the provision of assistance to individuals seeki...
Baroness Barker | 675 c405-6GC (Link to this contribution) The clause sums up what is good about the Bill and what is wrong with it. It could be so good—equall...
Lord Warner | 675 c409-10GC (Link to this contribution) As someone who assiduously reads the trade journal press cuttings about health, the idea that most N...
Baroness Tonge | 675 c408-9GC (Link to this contribution) I support the noble Earl, Lord Howe, in this and I wish to raise two points under Amendments Nos. 55...
Earl Howe | 675 c408GC (Link to this contribution) moved Amendment No. 55:"Page 5, line 12, leave out paragraph (h)." The noble Earl said: The questio...
Earl Howe | 675 c411GC (Link to this contribution) I found the Minister’s answer very helpful and thank him for it. I take on board all that he said ab...
Lord Warner | 675 c413-4GC (Link to this contribution) I do not want to repeat some of the comments I have made but I shall begin with a few remarks on the...
Baroness Neuberger | 675 c412-3GC (Link to this contribution) Perhaps I may add to the list of questions. I, too, was concerned about how the scheme might apply t...
Baroness Barker | 675 c420GC (Link to this contribution) I thank the noble Earl, Lord Howe, for speaking to our amendments. I said at Second Reading that thi...
Baroness Neuberger | 675 c418-9GC (Link to this contribution) My Lords, I thank the Minister for his very full reply. I do not believe that it was a matter of ““f...
Baroness Neuberger | 675 c419GC (Link to this contribution) I thank the noble Lord for his question. He told me that the Healthcare Commission feels that it wou...
Baroness Royall of Blaisdon | 675 c424GC (Link to this contribution) moved Amendment No. 69:"Page 7, line 22, leave out ““Health Service””" The noble Baroness said: Thi...
Lord Rowlands | 675 c426-7GC (Link to this contribution) Perhaps I may intervene and, in doing so, declare an indirect interest. It was my privilege to serve...
Earl Howe | 675 c390GC (Link to this contribution) I am most grateful. I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. [Amendm...
Baroness Neuberger | 675 c388GC (Link to this contribution) I support the noble Earl, Lord Howe, on Amendments Nos. 45 and 47 and shall speak to Amendment No. 4...
Lord Warner | 675 c389-90GC (Link to this contribution) As I have said, it is true that Clause 8(1)(b) is drawn widely, but that is a benefit. Throughout th...
Earl Howe | 675 c390GC (Link to this contribution) That is a very helpful reply from the Minister, for which I am grateful. I have a worry, which it is...
Baroness Tonge | 675 c394GC (Link to this contribution) I rise to support the noble Earl, Lord Howe, and to have a little beef about Clause 7. I know perfec...
Lord Warner | 675 c391-3GC (Link to this contribution) I am in grave danger of repeating myself on this issue, but nevertheless I will plod on. Good argume...
Earl Howe | 675 c390-1GC (Link to this contribution) The problem with Clause 6 is that it lacks basic detail, such as the composition of the body that wi...
Baroness Royall of Blaisdon | 675 c398-400GC (Link to this contribution) We are committed to ensuring that patients’ rights are protected. We want to ensure that patients ar...
Earl Howe | 675 c397GC (Link to this contribution) I am grateful to the Minister for that reply. It is helpful to have on the record an indication of t...
Baroness Neuberger | 675 c396GC (Link to this contribution) I support the noble Earl on Amendments Nos. 48 and 49. To some extent, we have been round some of th...
Baroness Tonge | 675 c395GC (Link to this contribution) The meaning of the clause is now clearer to me. I would not say that it was absolutely clear, to use...
Earl Howe | 675 c395-6GC (Link to this contribution) moved Amendment No. 48:"Page 4, line 13, leave out subsection (2)." The noble Earl said: In moving ...
Earl Howe | 675 c401GC (Link to this contribution) moved Amendment No. 50:"Page 4, line 17, leave out ““he considers”” and insert ““may be””" The nobl...
Baroness Royall of Blaisdon | 675 c401GC (Link to this contribution) I understand the point being made by the noble Baroness. At the moment we believe such advice should...
Baroness Royall of Blaisdon | 675 c403-4GC (Link to this contribution) The amendments relate to the provision of assistance for individuals seeking redress under the schem...
Earl Howe | 675 c408GC (Link to this contribution) I thank the Minister for that encouraging reply. It illuminates the position helpfully because until...
Lord Warner | 675 c416-8GC (Link to this contribution) I am extremely grateful that we have managed to flush out the noble Baroness on the subject of her a...
Baroness Neuberger | 675 c415-6GC (Link to this contribution) moved Amendment No. 57:"Page 5, line 22, leave out ““Special Health””" The noble Baroness said: I s...
Lord Warner | 675 c419GC (Link to this contribution) I am not altogether clear; is the noble Baroness saying that she thinks the Healthcare Commission ca...
Baroness Royall of Blaisdon | 675 c424GC (Link to this contribution) If the case involved maladministration, or if procedures were not followed correctly and people were...
Baroness Royall of Blaisdon | 675 c420GC (Link to this contribution) Amendments Nos. 62, 63 and 65 seek to clarify that disclosure to the scheme authority under Clause 1...
Earl Howe | 675 c425GC (Link to this contribution) I am going to chance my arm and say that the Grand Committee should approve these amendments. On Qu...
Baroness Tonge | 675 c424GC (Link to this contribution) I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. Clause 14 agreed to. [Amen...
Earl Howe | 675 c425-6GC (Link to this contribution) In the report of the Delegated Powers and Regulatory Reform Committee on the NHS Redress Bill said:"...
Earl Howe | 675 c387-8GC (Link to this contribution) moved Amendment No. 39:"Page 3, line 40, at end insert—" ““(   )   A scheme must provide that a wa...
Lord Warner | 675 c388-9GC (Link to this contribution) Amendment No. 9 would mean that the scheme would have to provide that a waiver of the right to bring...
Baroness Neuberger | 675 c389GC (Link to this contribution) I am grateful to the Minister for his response. However, I want to press him a little on Clause 8(1)...
Lord Warner | 675 c395GC (Link to this contribution) Obviously, I did not make the matter perfectly clear. If a case is absolutely outside the provisions...
Earl Howe | 675 c393-4GC (Link to this contribution) The principle behind this clause is perfectly sound and acceptable within the context of the Governm...
Lord Warner | 675 c394-5GC (Link to this contribution) I am going to do an extremely dangerous thing in attempting, as a layman, to give an explanation of ...
Lord Colwyn | 675 c395GC (Link to this contribution) Some years ago when I was on the council of the Medical Protection Society we were aware that most c...
Baroness Neuberger | 675 c391GC (Link to this contribution) I support the issue raised in relation to Clause 6. Much of what we think about this clause has alre...
Earl Howe | 675 c398GC (Link to this contribution) The noble Baroness has put her finger on a very important set of issues. The thing that worries me a...
Baroness Royall of Blaisdon | 675 c396GC (Link to this contribution) Amendment No. 48 would remove the explicit power for the scheme to provide for those providing legal...
Baroness Barker | 675 c402-3GC (Link to this contribution) I support the noble Earl, Lord Howe. He has made a number of points which I will follow up on when w...
Earl Howe | 675 c404-5GC (Link to this contribution) I, too, am grateful to the Minister for her reply. Coherence and certainty are always prayed in aid ...
Baroness Barker | 675 c404GC (Link to this contribution) I will return to the subject of PALS and ICAS but I thank the Minister for her response to the other...
Lord Colwyn | 675 c406-7GC (Link to this contribution) I do not want to deviate from the subject too much, but I have in my hand a Bill that I took through...
Baroness Tonge | 675 c410-1GC (Link to this contribution) I thank the Minister for his interest in the subject, but I urge him further to consider that public...
Earl Howe | 675 c414-5GC (Link to this contribution) I thank the Minister very much for his reply. The only point that I pick up is the question of the d...
Earl Howe | 675 c419-20GC (Link to this contribution) moved Amendment No. 62:"Page 6, line 2, after ““disclosure”” insert ““by a body or other person to w...
Baroness Tonge | 675 c423-4GC (Link to this contribution) I thank the Minister for that response. I am very pleased that she will consider at least the spirit...
Baroness Royall of Blaisdon | 675 c422-3GC (Link to this contribution) Clause 14(4)(d) provides that regulations made by the Secretary of State about the handling and cons...
Baroness Tonge | 675 c421-2GC (Link to this contribution) moved Amendment No. 67:"Page 6, line 35, at end insert ““which should be directed to the appropriate...
Earl Howe | 675 c420-1GC (Link to this contribution) I thank the Minister for that reply. Amendment No. 62 is unnecessary if the clause is not ambiguous....
Lord Warner | 675 c425GC (Link to this contribution) moved Amendments Nos. 72 to 73:"Page 8, line 4, leave out ““Health Service””""Page 8, line 19, leave...
Subjects
Complaints Compensation Civil proceedings Hospitals Legal representation NHS Patients Payments Negligence Solicitors Time limits Torts Patient advice and liaison services Health Service Commissioner NHS Litigation Authority Independent complaints advocacy services
Legislation
NHS Redress Bill (HL) 2005-06
Link
View this Parliamentary proceeding on www.publications.parliament.uk