The point is none the less valid. When one looks at how organisations or parts of government deal with some of these issues, we need to be clear about the information they need to concern themselves with. Either the noble Earl or the noble Lord, Lord Lucas, spoke about the quality of training, advice and support to teachers and others who might be involved particularly in working with young people. All or none of that may require us to look carefully at the guidance we give. That is appropriate behaviour for the Government.
I shall move on to the other issues raised by the noble Lord. I take the point that he has tabled the amendment not to talk about doctors per se but in order to raise the more general question. We have been clear that in not changing the law, we do not want to remove from it those who might be covered. In a large area of medial negligence cases—accountants, auditors and solicitors—they would be captured by the law and we do not seek to alter it. As I have indicated, I am happy to look at the clause again to ensure that we have got it right, but in so doing I would not want to alter the law.
The noble Lord, Lord Hunt, spoke particularly about health and the noble Lord, Lord Phillips, spoke about doctors. It is important that we look across the work that the NHS Redress Bill seeks to do and health Ministers are concerned about some of the statements that have been made. They are concerned to ensure that we do not end up on a position where defensive medicine is practised—where doctors do not consider what is in the best interests of their patients and to look at pushing the boundaries of medical practice as appropriate. It is also important that within the NHS we create the opportunity for the system to develop. I want to quote briefly what Jane Kennedy said at our conference last month when discussing risk and redress.
She said about the NHS that,"““the system as it stands encourages defensiveness and secrecy in the NHS, which does stand in the way of learning and improvement in our health service . . . We believe the way to resolve these problems is for the NHS to take a different approach, to change the way we do business in this field””."
Part of our work with our colleagues across the health service is ensuring that we are supportive of those who rightly have claims to make. The NHS Redress Bill will help them to make them more simply and easily. Indeed, it is part of the work within the ministerial steering group that those who have genuine claims should make them in a simpler, easier and more effective way. We also want to ensure that within the context of what we are doing we recognise the importance of the work of doctors and other professionals, while not taking away the fact that any negligence needs to be recognised.
Therefore, our ambition with Clause 1 is the leave the law as it stands and to clarify in a right and appropriate way. I hope that that fundamentally answers the points raised by the noble Lord and that he is able to withdraw his amendment.
Compensation Bill [HL]
Proceeding contribution from
Baroness Ashton of Upholland
(Labour)
in the House of Lords on Tuesday, 20 December 2005.
It occurred during Debate on bills
and
Committee proceeding on Compensation Bill [HL].
Type
Proceeding contribution
Reference
676 c253-4GC 
Session
2005-06
Chamber / Committee
House of Lords Grand Committee
Subjects
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2024-04-22 02:01:00 +0100
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