NHS Redress Bill [HL]

There are two slightly different amendments here. Amendment No. 19 would remove the explicit power for the scheme to make provision about the circumstances in which proceedings under the scheme may not be commenced. Amendment No. 23 would insert a new provision enabling the scheme to provide that only when an offer of redress under the scheme has previously been ejected can proceedings not be commenced. On the first, we intend that proceedings under the scheme may not be commenced in respect of an injury when an offer under the scheme in respect of the same injury had previously been rejected. It may also be appropriate to provide for other circumstances in which proceedings under the scheme may not be commenced; one such example might be when it is obvious from the outset that a case would fall over the financial limit for compensation under the scheme. We intend to consult stakeholders further when drawing up the secondary legislation and would wish to retain flexibility to make appropriate provision for other such circumstances following those discussions. Amendment No. 19 would leave it unclear whether the general power relating to commencement of proceedings in Clause 4(1) could be used to make that type of provision. Amendment No. 23 would limit the power to prevent proceedings being commenced in the single circumstance; we believe that that is too restrictive. As I said, it may be appropriate to provide for other circumstances in which proceedings under the scheme may not be commenced. One such example might be when it is obvious from the outset that a case would fall over the financial limit for compensation. Because we intend to consult stakeholders when drawing up the secondary legislation, we would prefer to retain the flexibility of the Bill in its unamended state in respect of both the amendments.