NHS Redress Bill [HL]

My Lords, I am in tune with the spirit of Amendments Nos. 26A and 33. The former raises the prospect of the reintroduction of the Resolve dispute resolution scheme which, to all who had anything to do with it, was a successful experiment in mediating claims for redress, and greatly improved access to justice by common consent. I agreed with a great deal of what the noble Baroness had to say. However, it is important to stress one point. What the amendment refers to as the findings of the medico-legal expert should not be taken as implying that the expert would be tasked with determining liability. That is a judicial function. What experts do in essence is advise in a non-partial way on the facts and arguments at issue. That may sound like a pedantic point, but in the context of the debate it is important. To my mind Amendment No. 33 is also important, because anyone who wishes to have properly informed advice about an offer made under the scheme will want to know that the person giving the advice is appropriately qualified in both a legal and a medical sense. However, perhaps I could anticipate the Minister’s remarks in support of his own amendments by asking him a question. Solicitors will be asked to give advice to clients about the adequacy or otherwise of financial offers they may have received from the NHSLA. Is he absolutely satisfied that that activity would accord with the solicitor’s professional code of practice? Is it something that solicitors feel able to do freely? To advise on the quantum of an offer requires them at the least to be in possession of sufficient information, but they will not have that information because, as we have heard, the internal deliberations in the NHSLA will be subject to legal professional privilege. Will solicitors therefore be placed in a difficult if not invidious position?