NHS Redress Bill [HL]

My Lords, perhaps I may start by welcoming Amendment No. 13 in response to a concern raised by me and others in Grand Committee, which the noble Lord was good enough to acknowledge both at the time and in his subsequent very helpful letter. For many people who feel that they have been badly treated in hospital, what they are looking for above anything else is an explanation of what happened and an apology for the mistake. It is therefore very gratifying that the Government have felt able to agree to our suggestion that the giving of an apology should feature as an integral part of the redress process in the Bill. We all appreciate that an apology will not be warranted in all cases. Sometimes a grievance will be investigated and the finding will be that everything possible was done for the patient, both correctly and in a timely fashion, but that the outcome, through no one’s error, was not what had been hoped for. In a case like that, an apology would be inappropriate, but the patient would still be entitled to an explanation of what had happened and why. That is why, while welcoming Amendments Nos. 10 and 13, I must voice a mild degree of concern about Amendment No. 14, although that concern has been softened somewhat by the comments that the Minister has just made. As I have said, there may be circumstances where an apology is not required, and where compensation is not required. But I suggest that in just about every case where proceedings have commenced and an investigation is being carried out, the patient or his representative will expect and be entitled to an explanation. The wording of Amendment No. 14 throws up the possibility of widespread exceptions to that principle. I hope that that is incorrect and that the Minister can reassure me that it is not the Government’s intention to discourage the giving of an explanation in any other than very exceptional circumstances of the kind he outlined.