My Lords, I thank the noble Lord, Lord Kennedy, for bringing forward this issue, which he raised at Second Reading. I also thank other noble Lords who participated in the discussion on this amendment.
I agree that charging a fee to a victim of abuse who is seeking evidence of their abuse to access services is, let us say, far from an ideal situation. The noble Lord, Lord Kennedy, set out the issue very fairly. Although the amendment is drawn more widely, and does not mention doctors, the point is valid in relation to doctors, for example: as has been the case under Governments of all persuasions, doctors may charge for anything outside the contract relating to NHS services. That is why we are in this position, and obviously policy responsibility rests with the Department of Health and Social Care.
However, I think I have some good news for noble Lords who participated in this debate and who are rightly concerned about this, as others will be too. As data subjects, which we all are under the Data Protection Act, individuals can lawfully ask to be provided with their medical records, without charge, thus obviating the need for a letter altogether. I appreciate we need to get that message out there so people are aware of it, but on that basis, I do not think that this would represent a problem.
I will ensure that I get an update on this issue for noble Lords. Because the amendment was tabled only last night—so it was not late as such; it was within the time limit—we have not had long to investigate the issue and had to seek assistance overnight. We are investigating further with the department, but it appears that this issue should not be a concern; if it is, then it is for the Department of Health and Social Care to discuss further. But I agree that in this sort of situation it would be quite wrong—morally wrong, if not legally wrong—to charge victims in this regard.
I also spoke privately to the noble Lord before today’s sitting, and with that assurance, I hope he feels able to withdraw this amendment.