NHS Redress Bill [Lords]

Yes, that is right. I think that we will find, in many cases, that a more open scheme which is perceived to be independent will forestall litigation to a greater extent than it gives rise to it. The Government anticipate that there will be an increase in the number of claims. Quite a number of claims may well go through the NHS redress scheme, but we should not treat that as a fault in the scheme. We want to ensure that people who currently may not have access to compensation for clinical negligence should, in some cases, have such access, but we do not want large numbers of people to pursue litigation. My hon. Friend is right to say that the lack of independence in the Government’s proposals will cause many people to feel that they want their day in court. The only way that they will get the independent scrutiny and judgment for which they are looking will be to go to court. I am sure that we want to avoid that happening. I am afraid that the Government’s figures have been wrong before. The Constitutional Affairs Committee was pretty sceptical about the Government in its report, which says in paragraph 94:"““It is surprising that the Department of Health has brought forward an ambitious Redress Scheme, without setting out in detail how it will be run...We were informed that contact had not been made, either with lawyers or medical experts, about whether they would work for fixed fees and to the timetables envisaged. These lapses appear to threaten the viability and effectiveness of the scheme.””" It is curious that the Government appeared to be completely unaware of, or were speculating about, the cost of their own scheme, yet absolutely precise, to the nearest £1 million, about the cost of an alternative. As the Committee made clear, there is little reason to accept the economic forecasts of the Department of Health, which has just been plucking figures out of the air. Our proposals would put patients, not the health service, at the centre of the redress process. By confining the investigation of a case to fact finding by an independent process, and separating fault finding, we largely avoid the problems of the Government’s proposals. Patients’ interests are safeguarded by that independence. We do not pretend that the redress scheme provides an alternative to litigation, as defendants ought to settle cases without resorting to litigation anyway, where possible. We should not underestimate their wish to do that. I well remember constituents who wanted the truth and an apology, but got neither and so went to court. Their cases needed independent investigation. Our proposals reflect such patient expectations and priorities, comply with the principles of natural justice, and are economically prudent and fair in application. They would widen access to justice; they do not rely simply on the legal aid process to ensure access to justice. They would simplify an overcomplicated and confused Government approach. In short, we believe that our proposals would allow patients to have access to a potentially fairer and better result. No scheme will be perfect when dealing with such a complex subject, but we believe that our proposals—by which I mean the proposals supported by all Opposition Members—are a substantial improvement on the original Bill as presented in another place last October. I therefore commend the Bill to the House.