NHS Redress Bill [Lords]

This has been an interesting and wide-ranging debate in which there have been many thoughtful contributions from both sides of the House. The hon. Member for Birmingham, Erdington (Mr. Simon) talked about the importance of independence within the scheme. That is terribly important, as the scheme must be seen to have credibility with regard to NHS patients. He also reminded us that ““Making Amends”” wanted to move away from the tort-based culture, yet the Government’s original Bill had tort as its centrepiece. I remind him of a quote in that report. It stated:"““Tort sits so uncomfortably in an NHS with an ethos of equity…Even a reformed tort system is unfair””." Despite that, tort is at the centre of the Bill. That is why we proposed amendments in another place and, thankfully, won the day. Our proposals would separate fact finding from fault finding. That is an essential first step. The hon. Member for Romsey (Sandra Gidley) acknowledged the importance of independence and made the valid point that perception is vital. The Bill and the scheme must be seen to be credible. It is no good simply doing right and claiming that the scheme is independent—it must also be seen to be independent by NHS patients who use it. The hon. Lady made several telling points, including emphasising that the redress scheme must be patient centred and tackle patients’ needs. Sometimes in our discussions we have spoken a little too much about the needs of the NHS, which are not necessarily always those of the patient. The hon. Member for Cardiff, North (Julie Morgan), who is not in her place, reminded us that the scheme does not apply to Wales and wisely suggested that perhaps the Welsh Assembly should wait to see how the scheme beds down here before taking it on. Clause 17 rightly stresses that Welsh solutions are needed for Welsh issues and reminds the Assembly that it has the power to effect that. The right hon. Member for Berwick-upon-Tweed (Mr. Beith) wanted clarification about whether patients who cross the border into Scotland would have access to the redress scheme. My understanding—for what it is worth—is that they would not. Doubtless the Minister will clarify that at least in Committee, but hopefully in his winding-up speech. The hon. Member for Crawley (Laura Moffatt) wrongly suggested that the original Bill was somehow simpler than our proposals. She forgets that we propose to simplify the scheme by limiting it to a role of fact finding. That is much simpler than trying to determine liability as well. Our scheme is therefore simpler. I shall revert to that point when I consider the Government’s suggestion that our proposals mean increased costs. My hon. Friend the Member for Broxbourne (Mr. Walker) reminded us of how patients must feel in taking on the NHS. He rightly said that the conflict is perceived as one of David and Goliath—an apt description. He also reminded us of what patient priorities often are. Patients want an apology and an explanation, and they want to know what went wrong. Hon. Members of all parties made that point.