NHS Redress Bill [HL]

As the noble Earl, Lord Howe, said, the amendment seeks to provide on the face of the Bill for the qualifying liabilities of foundation trusts to fall within the scheme. I agree that it is important to ensure that all providers of hospital services in England including NHS trusts, NHS foundation trusts and all independent providers are required to be members of the scheme. However, we do not think that the amendment is necessary and, in his normal, perceptive way, the noble Earl has to some extent anticipated what I was going to say. Clause 1(3)(d) provides that the scheme covers the qualifying liabilities of any organisation providing services under arrangement with a primary care trust, a designated strategic health authority or the Secretary of State. That would include all foundation trusts as well as some of the other bodies that I have mentioned. It would be inappropriate to attempt to provide an exhaustive list of providers in the Bill, because there is the possibility that a type of provider may be missed. A list of providers whose liabilities are covered by the scheme would not cover the possibility of new types of organisations providing services. Clause 1(3)(d) as it stands covers all possibilities, so singling out foundation trusts for special mention would be inappropriate. Our intention is to use the powers in Clause 10 to require all providers of hospital services in England, including foundation trusts, to be members of the scheme. I hope that explanation will allow the noble Earl to withdraw his amendment.