UK Parliament / Open data

NHS Redress Bill (HL)

Debate on bills on Thursday, 13 July 2006, in the House of Commons, led by Andy Burnham. The answering member was John Baron.
NHS Redress Bill (HL). Report stage and Third reading debate. Agreed to on division (253 to 160). Passed with amendments.
Type
Parliamentary proceeding
Reference
448 c1521-78 
Session
2005-06
Department
Department of Health
Legislative stage
Third reading and Report stage
Procedure
New clauses
Chamber / Committee
House of Commons chamber
Related items
NHS Redress Bill (HL). As amended in Standing Committee B
Thursday, 15 June 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
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
Compensation culture: NHS Redress Bill. Constitutional Affairs Select Committee fifth report with proceedings and appendices.
Tuesday, 21 March 2006
Parliamentary committees
House of Commons
Proceeding contributions
Charles Walker | 448 c1551-2 (Link to this contribution) Thank you, Mr. Deputy Speaker, for calling me to speak in this important debate. In Committee I thou...
Graham Stuart | 448 c1549 (Link to this contribution) My hon. Friend is absolutely right. I ask the Minister not to nit-pick at the concept of independenc...

Show all contributions (108)
Mike Penning | 448 c1550 (Link to this contribution) Can my hon. Friend think of any reason why the Minister is not willing to include in the Bill a prov...
Graham Stuart | 448 c1550 (Link to this contribution) I cannot think of any reason. The Minister implied that he would like patients always to be provided...
Graham Stuart | 448 c1550 (Link to this contribution) I will make a little more progress. I would rather hear from the Minister why it is impossible to i...
Andy Burnham | 448 c1550-1;448 c1551 (Link to this contribution) I will not respond to that, but I want to ask the hon. Gentleman a question. Does he not accept that...
Graham Stuart | 448 c1551 (Link to this contribution) The Minister makes a point with some power to it, but the Government introduced the Bill precisely b...
Lord Benyon | 448 c1549 (Link to this contribution) My hon. Friend is making an important point. Is it not important that we look at this matter through...
Sandra Gidley | 448 c1546-7 (Link to this contribution) I am on your side here—remember? I conducted that poll to get a feeling for the attitude of various...
Steve Webb | 448 c1547 (Link to this contribution) Does my hon. Friend agree that if the Government accept the spirit of the amendments and the princip...
Sandra Gidley | 448 c1547 (Link to this contribution) That would be welcome, but, judging from the experience during other stages of the Bill, I cannot se...
Mike Penning | 448 c1547-8 (Link to this contribution) I will speak for only a short time—I am sure that the Minister will be pleased to hear that. I want ...
Sion Simon | 448 c1548 (Link to this contribution) I understand what the hon. Gentleman is saying and I appreciate the sincerity of his intent, but, in...
Mike Penning | 448 c1548 (Link to this contribution) In all sincerity, I understand where the hon. Gentleman is coming from. However, the object of any s...
Mike Penning | 448 c1548-9 (Link to this contribution) I could not agree more. The hon. Gentleman is spot on. If we had independence it would very much hel...
Sandra Gidley | 448 c1546 (Link to this contribution) We have just heard a long and detailed explanation—despite what the Minister thinks—so I shall not r...
John Baron | 448 c1544-6 (Link to this contribution) The Minister referred to amendments that were proposed in Committee, but I suggest that he confine h...
John Baron | 448 c1544 (Link to this contribution) I do not disagree, but we need to make it clear that we are trying to introduce into the Bill the pr...
Andy Burnham | 448 c1544 (Link to this contribution) I am happy to intervene again. At the start of his contribution, the hon. Gentleman made it clear th...
John Baron | 448 c1544 (Link to this contribution) I totally agree. We are trying to introduce the principle and concept of independence, but the Minis...
Richard Taylor | 448 c1544 (Link to this contribution) May I make a suggestion that may go at least half way towards answering the Minister? In ““Making Am...
John Baron | 448 c1543 (Link to this contribution) The Minister persists with that question because he is trying to mask the fact that the Government d...
Graham Stuart | 448 c1543-4 (Link to this contribution) The Minister seems to have forgotten that this is enabling legislation. The thousands of civil serva...
Andy Burnham | 448 c1543 (Link to this contribution) But it is an Opposition amendment. If those individuals were to be employed outside the NHS, by whom...
John Baron | 448 c1542-3 (Link to this contribution) I thank the hon. Gentleman for giving me the opportunity to raise that point in the House. To be kin...
Sion Simon | 448 c1542 (Link to this contribution) What is the Conservatives’ view on the joint instruction of medical experts, which many patient safe...
Andy Burnham | 448 c1543 (Link to this contribution) The hon. Gentleman really must tell us who would employ the individuals mentioned in the amendment. ...
Andy Burnham | 448 c1539 (Link to this contribution) Will the hon. Gentleman clarify a point for me? In his amendment No. 2, he proposes that the person ...
John Baron | 448 c1539 (Link to this contribution) The Minister makes a reasonable point. We believe that it is absolutely wrong that the trust being i...
Andy Burnham | 448 c1540 (Link to this contribution) The hon. Gentleman has therefore confirmed that the NHS would be investigating itself, as the person...
John Baron | 448 c1540-2 (Link to this contribution) It is very straightforward, and I am sorry that the Minister is having trouble with it. We are sugge...
Speaker | 448 c1538-9 (Link to this contribution) With this it will be convenient to discuss the following amendments: No. 2, page 4, line 16, at end ...
John Baron | 448 c1539 (Link to this contribution) This group of cross-party amendments reflects our concern that the NHS redress scheme, as envisaged ...
John Baron | 448 c1574 (Link to this contribution) Will the hon. Gentleman give way?
Richard Taylor | 448 c1574-5 (Link to this contribution) I shall not keep the Whips from their tea for more than a few moments but I cannot resist telling th...
Sion Simon | 448 c1574 (Link to this contribution) No. Hardly anybody gave way to me in Committee or this afternoon, so I will just make my brief remar...
John Baron | 448 c1570-3 (Link to this contribution) It is with mixed feelings that I rise to speak on Third Reading. We had hoped to support the Bill, w...
Andy Burnham | 448 c1569-70 (Link to this contribution) I beg to move, That the Bill be now read the Third time. I am pleased to be able to send the Bill b...
Sandra Gidley | 448 c1573 (Link to this contribution) I rise to speak on Third Reading with mixed feelings, because I felt at many stages during the Bill’...
Sion Simon | 448 c1573-4 (Link to this contribution) I am conscious that the Whips want to get home for their tea, so I will resist the temptation to dwe...
Sandra Gidley | 448 c1573 (Link to this contribution) Well, I think that we are sometimes too quick to criticise and not to give credit where it is due. I...
Speaker | 448 c1561 (Link to this contribution) Order. I am sorry to interrupt the Minister, but will hon. Members who are not staying for the debat...
Andy Burnham | 448 c1561 (Link to this contribution) Clause 8(1)(b) enables the redress scheme to provide, in connection with proceedings under the schem...
John Baron | 448 c1564-5 (Link to this contribution) The purpose of our amendments is to restrict the role of lawyers, except where legal rights are affe...
Andy Burnham | 448 c1561-3 (Link to this contribution) In the statement of policy published in November 2005, we made it clear that, when evidence from an ...
Speaker | 448 c1561 (Link to this contribution) With this it will be convenient to discuss the following: Amendment No. 5, page 5, line 1, leave out...
Andy Burnham | 448 c1561 (Link to this contribution) I beg to move amendment No. 12, page 4, line 41, leave out ‘subsection (2)’ and insert ‘subsections ...
John Baron | 448 c1557 (Link to this contribution) It will not surprise you, Mr. Deputy Speaker, to learn that I am somewhat disappointed by the Minist...
John Baron | 448 c1556 (Link to this contribution) I appreciate the Minister’s generosity in taking interventions and I thank him for that. He and we a...
Andy Burnham | 448 c1555-6 (Link to this contribution) The hon. Gentleman is entitled to draw his own conclusions from my explanations. Let me say again cl...
John Baron | 448 c1555 (Link to this contribution) Let us be absolutely clear. There is already an independent structure for the making of complaints; ...
Andy Burnham | 448 c1555 (Link to this contribution) No, I will not, because I listened to the hon. Gentleman at length. [Interruption.] Well, that was t...
Sion Simon | 448 c1554 (Link to this contribution) Does my hon. Friend agree that Opposition Members again fundamentally misunderstand our constituents...
Andy Burnham | 448 c1554 (Link to this contribution) Again, Opposition Members are confused. There is a second stage complaints process in the NHS. The H...
Andy Burnham | 448 c1555 (Link to this contribution) My hon. Friend is right and there is probably no point in my saying more, but I shall say a little. ...
Richard Taylor | 448 c1553 (Link to this contribution) I will not comment on that point. The Minister has said that the redress scheme will be owned by th...
Charles Walker | 448 c1553 (Link to this contribution) I hate to pick at open wounds, but it is a little like the Prime Minister saying, ““Yes, I recognise...
Steve Webb | 448 c1554 (Link to this contribution) When the police investigate themselves, people are not happy and the Government have therefore creat...
Andy Burnham | 448 c1553-4 (Link to this contribution) We have had a long discussion on this group of amendments, during which the Opposition’s confusion h...
Richard Taylor | 448 c1552 (Link to this contribution) I am passionately on the side of those who want complete independence in the process. The Government...
Nick Hurd | 448 c1552 (Link to this contribution) I shall add one brief point. The Minister and the Government are deluding themselves in their claim ...
Andy Burnham | 448 c1535 (Link to this contribution) Of course, the report is not independent, as the hon. Gentleman just claimed, but the report of the ...
Nick Hurd | 448 c1533-4 (Link to this contribution) I rise to support amendment No. 18, and to place on the record my gratitude to the Minister for havi...
Andy Burnham | 448 c1534 (Link to this contribution) I am pleased to have provided the hon. Member for Romsey (Sandra Gidley) with a ““first””. I find it...
Sandra Gidley | 448 c1532-3 (Link to this contribution) I welcome especially amendments Nos. 8, 9 and 10 and other consequential amendments. As the Minister...
Richard Taylor | 448 c1533 (Link to this contribution) I, too, welcome the Minister’s comments on openness, which is essential. I welcome the fact that the...
John Baron | 448 c1532 (Link to this contribution) Doubtless we will revert to the matter later. There is no point in questioning the Minister further....
John Baron | 448 c1536 (Link to this contribution) Words such as ““ordinarily”” need clarifying, particularly with respect to the Government amendment....
Andy Burnham | 448 c1535-6 (Link to this contribution) Possibly, but that is why I would tell the hon. Gentleman that the Conservative amendment should be ...
Graham Stuart | 448 c1537 (Link to this contribution) The core criticism of the Bill is that the NHS will be judge, jury and defendant if negligence occur...
Andy Burnham | 448 c1537 (Link to this contribution) Opposition Members have chucked around the phrase ““judge and jury”” in considering the Bill, but th...
Iris Robinson | 448 c1538 (Link to this contribution) Will the Minister clarify what would happen in a case in which the files were lost and the coroner’s...
Andy Burnham | 448 c1536 (Link to this contribution) Obviously, there is no ““ordinarily””. The proposed subsection (2A) makes it clear that on request a...
John Baron | 448 c1536 (Link to this contribution) I thank the Minister for his clarification. I think that he said at the Dispatch Box that, in all ca...
Andy Burnham | 448 c1536-7 (Link to this contribution) There will be consultation on paragraph (b), so the regulations that will flow from the clause will ...
Charles Walker | 448 c1537 (Link to this contribution) If the report is not provided to a patient, where would that leave the patient? What form of redress...
Andy Burnham | 448 c1538 (Link to this contribution) The hon. Lady has described an extremely unfortunate case. However, that would be an unlikely scenar...
John Baron | 448 c1538 (Link to this contribution) I beg to move amendment No. 1, page 4, line 16, after first ‘the’, insert ‘independent’.
Sion Simon | 448 c1521-2 (Link to this contribution) I beg to move, That the clause be read a Second time. I am delighted to move the motion, and I decl...
Sion Simon | 448 c1524-5 (Link to this contribution) Does my hon. Friend agree that although the new clause is subtle, and its scope and extent may not t...
Andy Burnham | 448 c1525-6 (Link to this contribution) My hon. Friend sums up the new clause extremely well. It is not at all empty or superfluous, as the ...
Andy Burnham | 448 c1523-4 (Link to this contribution) I thank my hon. Friend the Member for Birmingham, Erdington (Mr. Simon) for the constructive way in ...
Andy Burnham | 448 c1526 (Link to this contribution) I beg to move amendment No. 8, page 3, line 7, leave out ‘and’.
Speaker | 448 c1526 (Link to this contribution) With this it will be convenient to discuss the following: Government amendments Nos. 9 and 10 Amend...
Andy Burnham | 448 c1526-9 (Link to this contribution) In Committee, the point was well made, particularly by the hon. Member for Romsey (Sandra Gidley) an...
Steve Webb | 448 c1529 (Link to this contribution) We obviously accept that the publication of a report on an specific case could reveal an individual’...
Andy Burnham | 448 c1529-30 (Link to this contribution) The hon. Gentleman is right to raise that point. I can reassure him that there is provision under th...
John Baron | 448 c1530 (Link to this contribution) As we know, the amendments deal with the publication of reports and the limitation on their disclosu...
John Baron | 448 c1531 (Link to this contribution) I thank the Minister for that clarification, which prompts a further question. The Minister says tha...
Andy Burnham | 448 c1531 (Link to this contribution) I think that I have made this clear, but I am happy to do so again. In providing an offer of redress...
Andy Burnham | 448 c1531-2 (Link to this contribution) It is helpful to clarify those points. I said that (2B) would be necessary to cover rare cases, for ...
Andy Burnham | 448 c1556-7 (Link to this contribution) There is a built-in incentive for trusts to settle under the scheme because if they fail to do so, t...
John Baron | 448 c1535 (Link to this contribution) Can we be absolutely clear about this point? I and other Members have tried to question the Minister...
Graham Stuart | 448 c1535 (Link to this contribution) I am grateful to the Minister for listening to the representations made in Committee about the produ...
Andy Burnham | 448 c1537 (Link to this contribution) We were asked to go further in Committee. We have in the Bill a requirement to provide an explanatio...
John Baron | 448 c1522-3 (Link to this contribution) We have made it clear that we support the sentiment behind the Bill and therefore we have no problem...
Andy Burnham | 448 c1530-1 (Link to this contribution) It is important to be clear on that point. My understanding is that the investigation report is the ...
John Baron | 448 c1531 (Link to this contribution) I thank the Minister for that, but ask him to re-examine Government amendment No. 11(2B), which says...
Graham Stuart | 448 c1550 (Link to this contribution) I will give way to the Minister in a moment. The clinician may find himself in that position. The M...
Graham Stuart | 448 c1549 (Link to this contribution) We have heard a very powerful speech that goes to the heart of the issue, which is the patient exper...
Lord McCrea of Magherafelt and Cookstown | 448 c1548 (Link to this contribution) Does the hon. Gentleman agree that openness and independence are essential to gain confidence in the...
Subjects
Complaints
Access
Disclosure of information
Compensation
Arbitration
Civil proceedings
Bureaucracy
Annual reports
Legal profession
Doctors
Employment
Health services
Inquiries
Liability
Legal costs
Legal opinion
NHS
Patients
Publications
NHS trusts
Staff
Negligence
Torts
Legislation
NHS Redress Bill (HL) 2005-06
Link
View this Parliamentary proceeding on www.publications.parliament.uk
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