NHS Redress Bill [Lords]

Yes, I agree. In too many cases, the lack of an explanation—and an apology, when appropriate—forces patients to seek alternative redress and prolongs the length of the process, at great cost to the NHS. That money could be better spent on patient care. The hon. Member for Worsley (Barbara Keeley) mentioned a sorry constituency case. I am sure that the House extends its concern and sympathy to the Collins family. The case reminded us that reform is desperately needed—we all agree with that. The issue is how best to ensure that the redress scheme is effective and has patients’ confidence. My hon. Friend the Member for Ruislip-Northwood (Mr. Hurd) reminded us that, in addition to an explanation and an apology when appropriate, NHS patients also want to ensure that lessons are learned for the benefit of others. That is important. He mentioned the need for transparency and the cost of the current system to the NHS—more than £500 million. He was right to argue for the need for independence. The Government know that Conservative Members support their attempts to deal with the problem of clinical negligence litigation. As we have heard, the current process is complex, costly and too lengthy. Most clinical negligence cases are legal aid funded and most fail, at great expense to the NHS, the taxpayer and, ultimately, the patient. However, most people do not qualify for legal aid. They therefore seek a credible and independent alternative to going to court. The NHS redress scheme could offer such an alternative. However, the fundamental dividing line between us and the Government is that, whereas the Secretary of State today envisaged a scheme that would make the NHS effectively judge and jury in its own case, we firmly believe that investigating the facts of what went wrong should be separated from the process of the NHS assessing its liability and making an offer. Moreover, that investigative process must be independent, like the coroner’s court and what happens under the provisions of the Inquiries Act 2005. The Government have pledged to reverse our key amendments, which were won in another place by a cross-party coalition and with the help of the Liberal Democrats. It falls to the Minister to explain exactly why he will ask 300 or so of his colleagues to troop through the Lobby to remove an essential feature of independence from the new scheme, which has the support of the Law Society and Action against Medical Accidents.