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Ms Rosie Winterton: I take on board the points made by the hon. Member for Epsom and Ewell (Chris Grayling) about businesses feeling that they have to bear an added weight as a result of the Bill. We need to be clear, however: if an employer did not have proper health and safety measures in place and their negligence resulted in injury to an individual who was subsequently awarded compensation through a personal injury claim, surely it is only right that the employer should pay back to the NHS the costs of the treatment. That principle is embodied in the part of the Bill under discussion and I think that we should all welcome it.
The hon. Gentleman referred to the fact that the Minister of State, my right hon. Friend the Member for Barrow and Furness (Mr. Hutton), said that we would not implement the provisions until the Department for Work and Pensions had finished its review of liability insurance and so on. However, the principles are very clear. Given that background, I turn to the specific points raised by the hon. Member for Epsom and Ewell. On sporting events, if negligence on the part of an organiser results in personal injury claims, those provisions will apply.
8 pmOn the setting of caps, that will be done by regulations, but our intention is that it will be in line with the current road traffic tariffs—that is, £452 for an out-patient charge and £556 for an in-patient daily rate fee, with a £33,000 cap.
Chris Grayling: Taking the Minister back to sporting events, one of the bodies that will be affected is the police. If she thinks back to the Hillsborough disaster, the police were ultimately held responsible for operational mistakes made on the ground. Financially speaking, the police face a potentially huge challenge in catering for such an eventuality, given that, tragically, mistakes are sometimes made.
Ms Winterton: That would follow on from the winning of personal injury claims; the same point was made about the national health service. We think that it is right that the provisions have to apply across the public bodies, not just in the private sector. If a personal injury claim is made and settled, it is only right that the appropriate body pays for the care.
MRSA would not be covered in the way that the hon. Gentleman suggests, because there would be a separate intervening cause that was not part of the original injury. Obviously, there are other mechanisms for redress in those circumstances.
On post-traumatic stress disorder, the scheme will apply only if a person has been able to sue someone for damages. Several of the cases that the hon. Gentleman raised would not concern a personal injury claim; that may well apply to the major sporting events that he talked about.
The distinction in the Bill does not mirror the Road Traffic (NHS Charges) Act 1999, which will be repealed when the Bill takes effect. It does not apply solely in relation to those provisions, which focus on injuries caused by the use of a motor vehicle on a road.
I shall be more than happy to write to hon. Members about any matters that I have been unable to cover. Having given those assurances and further explanations, I hope that hon. Members will feel able to support the Government amendments and reject those of the Opposition.
Amendments made: No. 236, in page 61, line 39, leave out 'in respect' and insert 'as a result'.
No. 237, in page 62, line 28, at end insert—
'(4A) "Injury" does not include any disease.
(4B) Nothing in subsection (4A) prevents this Part from applying to—
(a) treatment received as a result of any disease suffered by the injured person, or
(b) ambulance services provided as a result of any disease suffered by him,
if the disease in question is attributable to the injury suffered by the injured person (and accordingly that treatment is received or those services are provided as a result of the injury).'.
No. 252, in page 62, line 36, leave out from beginning to 'an' and insert 'other treatment provided by'.
No. 268, in page 62, line 44, leave out from 'section 16CA' to end of line 45 and insert
', 16CC, 28C, 28K or 28Q of the 1977 Act (primary medical and dental services), or'.
No. 269, in page 63, line 4, at end insert—
'( ) In relation to any time before sections (provision of primary medical services) and (general medical services contracts) come into force, the references in subsection (5)(d)(i) to sections 16CC and 28Q of the 1977 Act are to be taken as a reference to section 29 of that Act (arrangements for general medical services).'.—[Ms Rosie Winterton.]
Amendment made: No. 238, in page 66, line 22, leave out
'in respect, or as a result,'
and insert 'as a result'.—[Ms Rosie Winterton.]
Clause 148
Amendment made: No. 239, in page 70, line 26, leave out 'in respect' and insert 'as a result'.—[Ms Rosie Winterton.]
Clause 151
Amendment made: No. 240, in page 73, line 13, leave out 'in respect' and insert 'as a result'.—[Ms Rosie Winterton.]
Clause 156
Amendment made: No. 241, in page 77, line 7, leave out 'in respect' and insert 'as a result'.—[Ms Rosie Winterton.]
It being seven hours after the commencement of proceedings on the programme motion, Mr. Deputy Speaker proceeded to put forthwith the Questions necessary for the disposal of the business to be concluded at that hour, pursuant to Order [this day.]
'An Order in Council under paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c.1) (legislation for Northern Ireland during suspension of devolved government) which contains a statement that it is made only for purposes corresponding to those of section 172 above—
(a) is not subject to paragraph 2 of that Schedule (affirmative resolution of both Houses of Parliament), but
(b) is subject to annulment in pursuance of a resolution of either House of Parliament.'.—[Jim Fitzpatrick.]
Brought up, read the First and Second time, and added to the Bill.
Clause 184
Amendments made: No. 313, in page 96, line 22, leave out
'Chapter 8, sections 109, 111'
and insert '104, 106, 111(1)'.
No. 314, in page 96, line 27, leave out '108, 110' and insert '111(1A)'.
No. 315, in page 96, line 30, leave out 'and 105' and insert
'105, (Complaints about health care), (Complaints about social services), (Complaints regulations: supplementary), 111(2), (Representations relating to special guardianship support services), paragraph 4 of Schedule 8 and section 182 and Schedule 13 so far as relating to those provisions'.
No. 231, in page 97, line 5, leave out from second 'to' to end of line and insert
'sections 158, (Replacement of the Welfare Food Schemes: Northern Ireland) or'—[Jim Fitzpatrick.]
Clause 187
Amendment made: No. 232, in page 98, line 1, at end insert—
'( ) section (Replacement of the Welfare Food Schemes: Northern Ireland);'.—[Jim Fitzpatrick.]
Schedule 13
Amendments made: No. 319, in page 152, line 14, at end insert
'Children Act 1989 (c. 41)Section 14G.'.
No. 300, in page 153, line 30, leave out from beginning to end of line 28 on page 157 and insert—
Reference Extent of repeal or revocation National Health Service (Amendment) Act 1949 (c.93) The whole Act.
Parliamentary Commissioner Act 1967 (c.13) In Schedule 3, in paragraph 8(1), "the Dental Practice Board or".
Health Services and Public Health Act 1968 (c.46) In section 59(2A), "section 28C of the 1977 Act,".
In section 63(2)(ba), "section 28C of the 1977 Act or".House of Commons Disqualification Act 1975 (c.24) In Schedule 1, in Part 3, the entry relating to the Chairman or Vice-Chairman of the Dental Practice Board or member of that Board appointed at an annual salary.
Race Relations Act 1976 (c.74) In Schedule 1A, in Part 2, the entry relating to the Dental Practice Board.
Patents Act 1977 (c.37) In section 56(4)(a)(ii), "section 28C of the 1977 Act,".
National Health Service Act 1977 (c.49) In section 3(3), "medical, dental,".
Section 5(1A). In section 18A(3)(a), "general medical, general dental,".
In section 26(2)(a) and (4)(a), "general medical services, general dental services".
Section 28C(3) and (7).
In section 28D(2), the definitions of "qualifying dental practitioner" and "qualifying medical practitioner".
Section 28DA.
In section 28E—
in subsection (2), paragraph (b) and the words following that paragraph;
subsection (3)(f), (g) and (j);
subsections (5) to (8).
Sections 28F to 28H.
Sections 29 to 37.
Section 43ZA(3)(a) and (b).
In section 43C(3), in the definition of "Part II services" the words "general medical services, general dental services,".
In section 43D—
in subsection (1), "general medical services, general dental services,";
subsection (10)(a) and (b).
In section 44—
subsections (ZA1) to (B1);
subsection (3)(a) to (d);
subsection (5).
In section 45—
subsection (1)(b);
subsection (1ZA)(b) and the preceding "or";
in subsection (1A), "Strategic Health Authority";
in subsection (3), "general medical services, general dental services";
Section 49F(1)(a) and (c).
In section 49H(1)(a), "or a dental corporation".
In section 52, "general medical services, general dental services,".
Section 53.
Section 56(a) and (b).
In section 72(5)(a), ", dental practitioners,".
In section 78—
in the side-note, "dental or";
subsections (1A) and (2).
Section 81(b).
Section 82(b).
Section 83(b).
Section 85(1)(e).
In section 98—
subsection (1)(e) and the preceding "and";
in subsection (4), in paragraph (a), the words from ", other than" to the end, and paragraph (b).
Section 99(1)(f) and the preceding "and".
Section 100(1)(e) and the preceding "and".
Section 102(1)(a)(iii) and (iv) and (2)(b) and (c).
In section 103(1)(a), "or in accordance with section 28C arrangements".
In section 126(4), the words from "regulations made under section 32" to "or to"
In section 128(1)—
the definitions of "dental corporation", "medical list", "personal dental services" and "personal medical services";
in the definition of "terms of service", the words "general medical services, general dental services,".
In Schedule 1—
in the title, "and their education in dental health";
in paragraph 1(a), "or dental" and "or for education in dental health".
In Schedule 12—
in the heading preceding paragraph 2, "dental or";
in paragraph 2, sub-paragraphs (3) to (7) and, in sub-paragraph (8), the words from "and, in the case of" to the end;
paragraph 3 and the preceding heading;
paragraphs 6 and 7.
In Schedule 12A—
paragraph 1(2)(d) and the preceding "or";
paragraph 2(2)(c) and the preceding "or";
paragraph 4(2)(b) and the preceding "or";
paragraph 5(2)(b) and the preceding "or";
paragraph 6A(2)(d) and the preceding "or";
paragraph 6B(2)(c) and the preceding "or".
National Health Service (Scotland) Act 1978 (c.29) Section 17A(2)(g).
Health Services Act 1980 (c.53) In Schedule 5, paragraphs 2(3) and 4.
Health and Social Services and Social Security Adjudications Act 1983 (c.41) Section 14(1).
Section 15(a).
In Schedule 6, paragraph 2.
Medical Act 1983 (c.54) In section 11(4), in the definition of "medical practice"—
in paragraph (a), "Part II of the National Health Service Act 1977,";
in paragraph (b), "section 28C of the 1977 Act,".
In Schedule 5, paragraph 16(a).
Dentists Act 1984 (c.24) In section 40(2)(ab), "section 28C of the National Health Service Act 1977 or".
In Schedule 5, paragraph 8.
Health and Social Security Act 1984 (c.48) In Schedule 3, paragraph 5.
Income and Corporation Taxes Act 1988 (c.1) Section 519A(2)(f).
Copyright, Designs and Patents Act 1988 (c.48) Section 240(4)(b)(i).
Health and Medicines Act 1988 (c.49) In section 2(1)(a)—
in sub-paragraph (i), "Part II of the National Health Service Act 1977 or";
in sub-paragraph (ii), "section 28C of the 1977 Act or".
In section 8(1)—
in paragraph (a), "section 29 of the National Health Service Act 1977 or";
in paragraph (b), "section 36 of the National Health Service Act 1977 or".
In section 12(1)—
"The Dental Estimates Board shall be renamed as "the Dental Practice Board" and";
in paragraph (a), "for any reference to the Dental Estimates Board there were substituted a reference to the Dental Practice Board and";
in paragraph (b), "the Dental Estimates Board or" and "the Dental Practice Board and".
Section 12(2) and (3)(a).
In section 17—
in subsection (1), "29, 36";
subsection (2)(b) and the preceding "and".
In Schedule 2, paragraphs 4 to 6, 7(1) and (2) and 8(2) and (3).
National Health Service and Community Care Act 1990 (c.19) In section 4(2)(g), "the Dental Practice Board or".
Section 18(7).
Sections 23 and 24.
Section 60(7)(f).
Access to Health Records Act 1990 (c.23) In section 7—
in subsection (2), the words from "(other" to "section 1(2)(a) above"
subsection (3).
In section 11, the definition of "general practitioner".
Trade Union and Labour Relations (Consolidation) Act 1992 (c.52) In section 279(a), "28C, 29, 35".
Health Service Commissioners Act 1993 (c.46) Section 2(1)(f).
In section 6(5), "29, 36".
Health Authorities Act 1995 (c.17) In Schedule 1, paragraphs 18 to 26.
Medical (Professional Performance) Act 1995 (c.51) In the Schedule, paragraph 28.
Employment Rights Act 1996 (c.18) In section 43K(1)(c)(i), "29, 35".
Section 218(10)(d).
National Health Service (Primary Care) Act 1997 (c.46) Part 1.
Section 23(1).
Section 24(1).
Section 25(1).
Section 32.
Section 40(1) and (3).
Schedule 1.
In Schedule 2, paragraphs 6, 8 to 12, 16 to 19, 24, 25, 71 to 73, 80 and 81.
Health Act 1999 (c.8) Section 6(1).
Section 9(2) and (3).
In section 10(1)—
in the section 43A inserted into the National Health Service Act 1977, in subsection (1), "general medical services, general dental services,";
in the section 43B so inserted, in subsection (6), the words from "Subject to" to "35(2) above,".
Section 11(2).
Section 39(2) and (3).
In section 61(2), the words from ", or Part 1" to "1997,".
In Schedule 3, paragraph 11(3).
In Schedule 4—
in paragraph 2, "section 29(4) of the 1977 Act and";
paragraphs 17 and 88.
National Assembly for Wales (Transfer of Functions) Order 1999 (S.I.1999/672) In Schedule 1, in the entry for the National Health Service Act 1977, paragraphs (c) and (e).
Freedom of Information Act 2000 (c.36) In Schedule 1, in Part 3—
paragraph 42;
in paragraph 44, "general medical services, general dental services,";
paragraph 45.
Health and Social Care Act 2001 (c.15) Section 15.
Sections 17 and 18.
Section 20(2) to (4).
Section 22
.Section 23(2) and (3).
Section 26.
Section 27(5).
In section 41(1)—
in paragraph (a), "(provision of personal medical or dental services)";
paragraph (b) and the preceding "or".
In Schedule 5, paragraphs 5(4) to (7), 11(2) and (3) and 12(2).
National Health Service Reform and Health Care Professions Act 2002 (c.17) Section 4(1).
Section 5(2), (3) and (6)
In section 17(1)(g), the words from "or under" to "that Act".
In Schedule 1, paragraph 17.
In Schedule 2, paragraphs 3 to 10 and 72.
In Schedule 3, paragraphs 2 to 6, 10 and 15 to 17.
In Schedule 8, paragraph 2.
Note The repeals in this Part of this Schedule to the following enactments extend to England and Wales only—
(a) the National Health Service (Amendment) Act 1949 (c.93);
(b) the Access to Health Records Act 1990 (c.23);
(c) the National Health Service (Primary Care) Act 1997 (c.46) and enactments amending that Act.'.
Order for Third Reading read.—[Queen's Consent, on behalf of the Crown, and Prince of Wales's consent, on behalf of the Duchy of Cornwall, signified.]
Motion made, and Question proposed, That the Bill be now read the Third time.—[Dr. John Reid.]
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