NHS Redress Bill [HL]

I draw the noble Baroness’s attention to the provisions in Clauses 4(2)(a) and (e), which require guidance to be produced under the terms of the scheme. They enable us to set out in much more detail than is possible in primary legislation the circumstances in which individuals may apply. I return to what I said at Second Reading and earlier on this amendment. We are trying to get at these episodes and incidents on a twin-track basis. We are making provision for the scheme to be commenced by people applying, but we are not relying on that. We are also requiring the trusts themselves, in the circumstances which I explained in relation to Clause 4(2)(f), to commence the proceedings of the scheme, and at the same time notify patients that they had actually commenced the scheme. So we have turned our back on a pure application system. We are trying to get trusts themselves to initiate actions where that is appropriate as well as relying on patients to apply. I categorically assure the noble Baroness that there is no intention on our part to stop patients applying. That is why we will be setting out the provisions under which people may apply under the terms of the scheme. I gave specific examples in my previous remarks.