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Thursday 13th July 2006 Consideration of Bill NHS Redress Bill [Lords], As Amended NEW CLAUSE General duty to promote resolution under scheme Mr Siôn Simon NC1 To move the following Clause:— ‘A scheme must include provision requiring the scheme authority and the members of the scheme, in carrying out their functions under the scheme, to have regard in particular to the desirability of redress being provided without recourse to civil proceedings.’. Ms Secretary Hewitt 8 Page 3, line 7 [Clause 3], leave out ‘and’. Ms Secretary Hewitt 9 Page 3, line 8 [Clause 3], at end insert ‘and (d) the giving of a report on the action which has been, or will be, taken to prevent similar cases arising,’. Ms Secretary Hewitt 10 Page 4, line 13 [Clause 6], leave out ‘(3) and’ and insert ‘(2A) to’. Mr John Baron
1 Page 4, line 16 [Clause 6], after first ‘the’, insert ‘independent’. Mr John Baron
2 Page 4, line 16 [Clause 6], at end insert ‘in accordance with the rules of natural justice such that the person overseeing the investigation is independent of the trust under investigation (such investigation to be confined to the facts of cases and not to consider issues of liability in law, whether civil or criminal).’. Mr John Baron
3 Page 4, line 19 [Clause 6], at end insert— ‘( ) about the assessment of liability in tort under the scheme.’. Mr John Baron
4 Page 4, line 23 [Clause 6], at end insert— ‘(g) about the publication of a report of the independent investigation in accordance with paragraph (a)’. Ms Secretary Hewitt 11 Page 4, line 23 [Clause 6], at end insert— ‘(2A) A scheme must— (a) make provision for the findings of an investigation of a case under the scheme to be recorded in a report, and (b) subject to subsection (2B), make provision for a copy of the report to be provided on request to the individual seeking redress. (2B) A scheme may provide that no copy of an investigation report need be provided— (a) before an offer is made under the scheme or proceedings under the scheme are terminated, or (b) in such other circumstances as may be specified.’. Ms Secretary Hewitt 12 Page 4, line 41 [Clause 8], leave out ‘subsection (2)’ and insert ‘subsections (2) and (4)’. Mr John Baron
5 Page 5, line 1 [Clause 8], leave out paragraph (a). Ms Secretary Hewitt 13 Page 5, line 1 [Clause 8], leave out ‘in connection with proceedings under the scheme’. Ms Secretary Hewitt 14 Page 5, line 2 [Clause 8], at end insert ‘to individuals seeking redress under the scheme’. Mr John Baron
7 Page 5, line 10 [Clause 8], leave out subsection (3). Ms Secretary Hewitt 15 Page 5, line 12 [Clause 8], at end insert— ‘(4) A scheme that makes provision for the provision of the services of medical experts must provide for such experts to be instructed jointly by the scheme authority and the individual seeking redress under the scheme.’. Ms Secretary Hewitt 16 Page 5, line 29 [Clause 10], at beginning insert ‘Subject to subsection (2A),’. Ms Secretary Hewitt 17 Page 6, line 16 [Clause 10], leave out paragraph (j). Ms Secretary Hewitt 18 Page 6, line 17 [Clause 10], at end insert— ‘(2A) A scheme must require a member of the scheme to prepare and publish an annual report about cases involving the member that are dealt with under the scheme and the lessons to be learnt from them.’. Mr John Baron
6 Page 6, line 28 [Clause 11], at end insert ‘save for the investigation of the facts of cases in accordance with subsection 6(2)(a)’. ORDER OF THE HOUSE [5TH JUNE 2006] That the following provisions shall apply to the NHS Redress Bill [Lords]: Committal 1. The Bill shall be committed to a Standing Committee. Proceedings in Standing Committee 2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 22nd June 2006. 3. The Standing Committee shall have leave to sit twice on the first day on which it meets. Consideration and Third Reading 4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced. 5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day. 6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading. Other Proceedings 7. Any other proceedings on the Bill (including any proceedings on consideration of any Message from the Lords) may be programmed. |
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