NHS Redress Bill [HL]

We have to an extent covered some of these issues; I have cited Clause 4(2)(f) several times on the obligations under the subsection for notifying patients of the commencement of the proceedings where the scheme member has decided to investigate. The paragraph provides guidance to be issued on the arrangements for notifying patients in those circumstances. It is important to have effective arrangements in place for triggering the scheme, and the clause enables it to be set out how the scheme will be started, by whom, and under what circumstances. It is intended that, when a case that may be eligible for the scheme comes to the attention of a scheme member, they immediately trigger the scheme. That is our approach. The scheme is intended to facilitate the resolution of cases in a swift manner, ensuring that redress is provided to the patient as quickly as possible. To achieve that, we will specify time limits in relation to the commencement of proceedings under the scheme. The clause enables a time limit to be imposed on how long a patient can wait before applying to the scheme after becoming aware of his or her injury; that time limit will be decided after further consultation with stakeholders. I shall throw a little light on that in more detail. One option would be for the time limits to reflect those applying to litigated cases, as laid down in the Limitation Act 1980. If that approach is taken, claims will need to be made within three years from the date of the alleged injury or from the date the patient first suspected that they had suffered injury. The time limits for the various stages of proceedings under the scheme will come under Clause 6, of course, not Clause 4. Dependants will be able to bring a claim if they have a qualifying liability in tort under the existing law—for example, under the Law Reform (Miscellaneous Provisions) Act. The scheme will not create new rights for dependants, but will enable dependants with existing rights in tort to access the scheme. That is probably the best I can do at the moment. If I can think of any other way of shedding more light on the issue after our proceedings, I shall write to the noble Earl and other Members of the Committee. It is certainly the intention to avoid cases being investigated again once they have already been investigated and found to be outside the scope of the scheme. That will be one area that we shall try to cover in guidance. That is probably about as far as I can usefully go on the clause without detaining the Committee longer.