NHS Redress Bill (HL). Second reading debate. Agreed to on question. Programme motion for proceedings in Committee, on Report and Third reading. Agreed to on question (formal). Money resolution agreed to on question (formal).
NHS Redress Bill [HL]
Debate on bills on Monday, 5 June 2006,
in the House of Commons,
led by Patricia Hewitt.
The answering
member was Lord Lansley.
Type
Parliamentary proceeding
Reference
447 c24-82 
Session
2005-06
Legislative stage
Second reading
Chamber / Committee
House of Commons chamber
NHS Redress Bill (HL). Brought from Lords. Explanantory notes Bill 137-EN also published.
Wednesday, 1 March 2006
Bills
House of Commons
Wednesday, 1 March 2006
Bills
House of Commons
Compensation culture and Compensation Culture NHS Redress Bill. Government response to the Constitutional Affairs Select Committee third and fifth reports session 2005-06 (HC 754 and HC 1009).
Wednesday, 3 May 2006
Command papers
House of Commons
Wednesday, 3 May 2006
Command papers
House of Commons
Compensation culture. Constitutional Affairs Select Committee third report in 2 volumes with proceedings, evidence (HC 754 i-v not printed separately) and appendices.
Tuesday, 14 February 2006
Parliamentary committees
House of Commons
Tuesday, 14 February 2006
Parliamentary committees
House of Commons
Compensation culture: NHS Redress Bill. Constitutional Affairs Select Committee fifth report with proceedings and appendices.
Tuesday, 21 March 2006
Parliamentary committees
House of Commons
Tuesday, 21 March 2006
Parliamentary committees
House of Commons
Proceeding contributions
Patricia Hewitt | 447 c28 (Link to this contribution)
I shall deal with that point in a few moments, when I talk about the amendments that have been made ...
Steve Webb | 447 c27-8 (Link to this contribution)
Does the Secretary of State accept that it is important to patients that there should be an element ...
Show all contributions (111)
Patricia Hewitt | 447 c27 (Link to this contribution)
The hon. Gentleman makes an extremely important point. However, our intention is precisely the oppos...
Shailesh Vara | 447 c27 (Link to this contribution)
Hospitals and other medical institutions will be encouraged to be proactive in this respect, but wil...
Patricia Hewitt | 447 c26-7 (Link to this contribution)
As I said a moment ago, the majority of clinical negligence cases that are settled involve compensat...
Nick Hurd | 447 c26 (Link to this contribution)
I understand the point that the Secretary of State makes about the upper limit, but can she tell us ...
Patricia Hewitt | 447 c26 (Link to this contribution)
I entirely accept the hon. Gentleman’s good faith and his support for at least the principle of the ...
John Bercow | 447 c25-6 (Link to this contribution)
The Secretary of State has already been generous in giving way. For the avoidance of doubt, I stress...
Patricia Hewitt | 447 c25 (Link to this contribution)
My hon. Friend’s first point is correct—the scheme was designed to deal with clinical negligence in ...
Patricia Hewitt | 447 c24-5 (Link to this contribution)
My hon. Friend is right. Trying to get a much faster and more open response to complaints and things...
Keith Vaz | 447 c24 (Link to this contribution)
I welcome the Bill and my right hon. Friend’s commitment to improving the system. Does she agree tha...
Patricia Hewitt | 447 c24 (Link to this contribution)
I beg to move, That the Bill be now read a Second time.
Every day, NHS doctors, nurses and other de...
Patricia Hewitt | 447 c24 (Link to this contribution)
If the hon. Gentleman wishes to pursue the matter, we can consider it further, but it is perfectly r...
John Bercow | 447 c24 (Link to this contribution)
The Secretary of State will be aware, I am sure, that clauses 1, 5 and 14 all provide for order-maki...
David Kidney | 447 c25 (Link to this contribution)
Does the Bill provide for a hospital complaints system? If I read clause 1 (5), (6) and (7) correctl...
Patricia Hewitt | 447 c29-30 (Link to this contribution)
When the chief medical officer undertook his review for the report to which I referred earlier, he l...
Patricia Hewitt | 447 c29 (Link to this contribution)
I take the right hon. Gentleman’s point that he is talking about treatment commissioned by the Engli...
Lord Beith | 447 c29 (Link to this contribution)
If treatment in a Scottish hospital is commissioned by an English health authority, which in most ex...
Patricia Hewitt | 447 c29;447 c28-9 (Link to this contribution)
I thought that was the point that the right hon. Gentleman was making. My answer is that the Bill do...
Lord Beith | 447 c28 (Link to this contribution)
I was asking the Secretary of State about my constituents in England who are treated in Scottish hos...
Patricia Hewitt | 447 c28 (Link to this contribution)
That is correct. The scheme will not apply in Scotland, and obviously it is a matter for the Scottis...
Lord Beith | 447 c28 (Link to this contribution)
On a related point, many of my constituents are treated in Scottish hospitals—either Borders general...
Patricia Hewitt | 447 c28 (Link to this contribution)
If a patient from Wales is treated in an English hospital, that hospital would, as a scheme member, ...
Hywel Williams | 447 c28 (Link to this contribution)
As the Secretary of State knows, a large number of people from Wales are treated in England. Will sh...
Rob Marris | 447 c32 (Link to this contribution)
I think that a simple scheme is a good idea, particularly when there is still access to the courts, ...
Patricia Hewitt | 447 c32-3 (Link to this contribution)
I can certainly give my hon. Friend that assurance. In fact, we envisage that the Legal Services Com...
Patricia Hewitt | 447 c31-2 (Link to this contribution)
The problem—I was just starting to make the point—is that the scheme would be more complex and more ...
Sandra Gidley | 447 c31 (Link to this contribution)
I think that we would all agree with those aims, but the Secretary of State has not explained what t...
Patricia Hewitt | 447 c32 (Link to this contribution)
I do not accept the Opposition’s charge that the scheme that we proposed would not be credible. Inde...
Shailesh Vara | 447 c32 (Link to this contribution)
This is an issue of credibility. I do not agree with all the arguments that the Secretary of State h...
Patricia Hewitt | 447 c30-1 (Link to this contribution)
That is precisely where we differ. In the original Bill we provided for a single scheme allowing a h...
Lord Lansley | 447 c30 (Link to this contribution)
The Secretary of State seems to have skipped the point of principle involved in the amendments and c...
Patricia Hewitt | 447 c31 (Link to this contribution)
Our scheme is entirely designed to respond to what patients tell us they need: much faster investiga...
Lord Lansley | 447 c31 (Link to this contribution)
Does the Secretary of State realise that a patient to whom injury may have been done will expect not...
Michael Fabricant | 447 c36 (Link to this contribution)
My hon. Friend talked about examples that he has encountered in his constituency as a Member of Parl...
Sion Simon | 447 c34 (Link to this contribution)
Is there not some confusion? The Secretary of State is explaining why, in her view, the advice can o...
Patricia Hewitt | 447 c34 (Link to this contribution)
My hon. Friend has a great deal of valuable experience in this matter, but his point seems to reinfo...
Rob Marris | 447 c34;447 c33-4 (Link to this contribution)
May I caution my right hon. Friend? As one who did personal injury cases for many years before enter...
Patricia Hewitt | 447 c33 (Link to this contribution)
It lies absolutely at the heart of the redress scheme that we will be able to give quicker responses...
Lord Lansley | 447 c35-6 (Link to this contribution)
On behalf of the Conservative party, I welcome the Bill, particularly in the form in which it has co...
Patricia Hewitt | 447 c35 (Link to this contribution)
My hon. Friend makes a very important point. Like her, I have dealt with constituents who have been ...
Baroness Stuart of Edgbaston | 447 c34-5;447 c34 (Link to this contribution)
Could the Secretary of State say something about whether time limits will be imposed either by the B...
Patricia Hewitt | 447 c34 (Link to this contribution)
The Bill, as originally published, established quite clearly that legal advice could be available. W...
Rob Marris | 447 c37 (Link to this contribution)
My hon. Friend tells me that it is eight weeks. Does the hon. Member for South Cambridgeshire (Mr. L...
David Kidney | 447 c37 (Link to this contribution)
Eight weeks.
Brian Jenkins | 447 c38 (Link to this contribution)
The one thing that strikes me as a common chord is that I do not believe that there is any financial...
Lord Lansley | 447 c37-8 (Link to this contribution)
I am not sure that I do. I feel myself not bending towards that idea. In planning, one can go to the...
Diana Johnson | 447 c38 (Link to this contribution)
Will the hon. Gentleman give way?
Lord Lansley | 447 c38 (Link to this contribution)
I do not agree with that. Let us face it, under the system that the Government propose, even though ...
Diana Johnson | 447 c38 (Link to this contribution)
Would the patient redress investigators be lawyers, clinicians, or lay people with just a general kn...
Lord Lansley | 447 c38 (Link to this contribution)
I will, but then I must get on to the detail of the Bill.
Rob Marris | 447 c37 (Link to this contribution)
The hon. Gentleman may be aware that in planning law, if the local authority fails to respond to a p...
Andy Burnham | 447 c75 (Link to this contribution)
That is an important point, and it was also raised by my hon. Friend the Member for Birmingham, Edgb...
Sion Simon | 447 c75 (Link to this contribution)
And Erdington.
Andy Burnham | 447 c75;447 c74-5 (Link to this contribution)
I agree with the hon. Gentleman that the culture has perhaps not encouraged the issuing of apologies...
Graham Stuart | 447 c75 (Link to this contribution)
Can the Minister give us any clue as to the time frame within which patients making a complaint migh...
Andy Burnham | 447 c74 (Link to this contribution)
We have had a good debate this afternoon, which has been something of a parliamentary rarity in that...
Charles Walker | 447 c74 (Link to this contribution)
I stand corrected. I should perhaps have said that in many cases the NHS is reluctant to apologise.
Sion Simon | 447 c71-2;447 c71 (Link to this contribution)
It is important to make it clear that, although everything hon. Members said about perception is tru...
John Baron | 447 c72-4 (Link to this contribution)
I agree. Independence should be at the Bill’s core. We attempted to do that with the amendments that...
Graham Stuart | 447 c71 (Link to this contribution)
Does my hon. Friend agree that the Government have diagnosed the problem correctly, put enormous eff...
John Baron | 447 c71 (Link to this contribution)
My hon. Friend makes a valuable point, which several hon. Members have raised. If we do not put inde...
John Baron | 447 c70-1 (Link to this contribution)
Yes, I agree. In too many cases, the lack of an explanation—and an apology, when appropriate—forces ...
Baroness Keeley | 447 c62-6 (Link to this contribution)
As colleagues and Opposition Members have done, I welcome to his new role the Minister of State, my ...
Nick Hurd | 447 c66-9 (Link to this contribution)
I rise to support the Bill in the form in which it has been sent to the House from the other place.
...
John Baron | 447 c69-70 (Link to this contribution)
This has been an interesting and wide-ranging debate in which there have been many thoughtful contri...
Charles Walker | 447 c70 (Link to this contribution)
Does my hon. Friend agree that the lack of that apology forces many people into taking legal action ...
Laura Moffatt | 447 c59 (Link to this contribution)
It is important to provide a fast, fair scheme that is quick to offer an apology and an explanation....
David Leslie Taylor | 447 c59 (Link to this contribution)
Is my hon. Friend aware that Action against Medical Accidents has argued that specialist help is nee...
Laura Moffatt | 447 c59-61 (Link to this contribution)
I am grateful to my hon. Friend for his intervention. No one is running away with the idea that a cu...
Nick Hurd | 447 c59 (Link to this contribution)
I would be interested to know why the hon. Lady thinks so, given her experience. It is not clear tha...
Lord Beith | 447 c55-8 (Link to this contribution)
I am glad to follow the hon. Member for Cardiff, North (Julie Morgan), who is a member of the Consti...
Sandra Gidley | 447 c53 (Link to this contribution)
My hon. Friend makes a very good point, which I hope the Minister will clarify. The Bill is clearly ...
Julie Morgan | 447 c53-5 (Link to this contribution)
I am glad that the Government are introducing an important Bill that I strongly support, particularl...
Jim Devine | 447 c59 (Link to this contribution)
During my training and my hon. Friend’s training, we were given the message from the very start not ...
Laura Moffatt | 447 c59 (Link to this contribution)
My hon. Friend is entirely right. That was the message, sadly, that was given to us all. For some cl...
Sandra Gidley | 447 c51-2 (Link to this contribution)
There are those who say that perception is the only true reality, but I do not think that this is th...
Steve Webb | 447 c52 (Link to this contribution)
Is not there an inconsistency between the Secretary of State saying that GPs, because they are indep...
Sandra Gidley | 447 c50-1 (Link to this contribution)
I thank my right hon. Friend for pointing that out. I had not noticed it, and I hope that the Minist...
Lord Lansley | 447 c44-5 (Link to this contribution)
Yes, that is right. I think that we will find, in many cases, that a more open scheme which is perce...
Sion Simon | 447 c45-8 (Link to this contribution)
I start by welcoming my hon. Friend the Member for Leigh (Andy Burnham) to his relatively new positi...
Rob Marris | 447 c48-9 (Link to this contribution)
I am interested in what my hon. Friend is saying, but I must caution him. He is right to say that we...
Sion Simon | 447 c49 (Link to this contribution)
Far be it from me to argue with my hon. Friend, with all his years of experience of the incompetence...
Sandra Gidley | 447 c49 (Link to this contribution)
I, too, am pleased to welcome the Bill in its revised form. I want to support most of, if not all, t...
Lord Beith | 447 c50;447 c49-50 (Link to this contribution)
Did my hon. Friend notice that the Secretary of State seemed to exclude the possibility of extension...
Lord Lansley | 447 c38-40;447 c38-9 (Link to this contribution)
I am sure that that would, in part, depend on the nature of the facts that needed to be established....
Steve Webb | 447 c40 (Link to this contribution)
I am grateful to the hon. Gentleman for giving way, and for his comments about my noble Friends in a...
Lord Lansley | 447 c40-4 (Link to this contribution)
That may be true, and I accept the hon. Gentleman’s point. I find it astonishing that the Secretary ...
John Baron | 447 c81 (Link to this contribution)
Will the Minister give way?
Andy Burnham | 447 c80-1 (Link to this contribution)
I will not give way.
Patients are not signing their rights away in pursuing cases under the Bill. I...
Andy Burnham | 447 c81 (Link to this contribution)
The NHS is not signing away the patient’s right to pursue the matter further. We are not trying to r...
John Baron | 447 c81 (Link to this contribution)
The Minister is proposing a system under which the NHS will establish the facts, adjudicate and then...
Andy Burnham | 447 c81 (Link to this contribution)
Yes, for the last time.
Andy Burnham | 447 c76;447 c75-6 (Link to this contribution)
Erdington and Edgbaston. There is a confusing number of Birmingham constituencies beginning with ““E...
Andy Burnham | 447 c76 (Link to this contribution)
I will answer my hon. Friend directly. There is a danger there of replicating the present system. Th...
Sion Simon | 447 c76 (Link to this contribution)
I wonder whether the Minister can see the logic in my suggestion. If the Government insist that tort...
Andy Burnham | 447 c77 (Link to this contribution)
It is not our intention to allow an appeal. We want the scheme to work properly to provide speedy re...
Nick Hurd | 447 c77;447 c76 (Link to this contribution)
If an offer is rejected, will the patient have the right of appeal, or will his or her only destinat...
Andy Burnham | 447 c77 (Link to this contribution)
I want to make a little more progress. I will give way to the hon. Gentleman in due course, if that ...
John Baron | 447 c77 (Link to this contribution)
Will the Minister give way?
Lord Beith | 447 c77 (Link to this contribution)
If that is so, why does paragraph 92 of the Government response to the Constitutional Affairs Commit...
John Baron | 447 c80 (Link to this contribution)
The Minister makes the point that we are considering the question of ownership by the NHS, but I put...
Andy Burnham | 447 c77-80 (Link to this contribution)
The right hon. Gentleman is correct in saying that there is not a closed mind here, but we shall rev...
Philip Hollobone | 447 c29 (Link to this contribution)
In making proposals for the redress scheme, what comparisons did the Secretary of State make with ot...
Steve Webb | 447 c33 (Link to this contribution)
The Secretary of State has twice referred to some free legal advice being available. Will she confir...
Lord Lansley | 447 c36-7 (Link to this contribution)
My hon. Friend is quite right. I am sure that he, like me, has had constituents coming to him to tal...
Charles Walker | 447 c61-2 (Link to this contribution)
It is a great pleasure to follow the hon. Member for Crawley (Laura Moffatt), who was very clinical ...
Lord Deben | 447 c51 (Link to this contribution)
Does the hon. Lady agree that the real issue is perception? If people perceive that the system is to...
Graham Stuart | 447 c44 (Link to this contribution)
Does my hon. Friend agree that if independence is instilled in the fact-finding part of this process...
Andy Burnham | 447 c80 (Link to this contribution)
I want to explore that with the hon. Gentleman in Committee, but if we want a change of culture in t...
Laura Moffatt | 447 c58-9 (Link to this contribution)
It is obvious that we all make mistakes in our working lives and at home. Admitting that fact is inc...
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