NHS Redress Bill [HL]

moved Amendment No. 26:"Page 3, line 30, leave out paragraphs (a) and (b) and insert—" ““(   )   for the collection of all relevant information relating to cases under the scheme, and the provision of such information to an independent medical expert agreeable to both the scheme authority and to the potential beneficiary of the scheme, or in default of agreement appointed by the Healthcare Commission;”” The noble Baroness said: I return to the theme that we have been pursuing all afternoon; that is, the independence of the scheme. I have tabled this amendment not so much as a probing amendment but in an attempt to point out to the Committee that it might be advisable for there to be some discretion about how an investigation is conducted and how decisions are made. Many noble Lords still feel the need to take eligibility for redress away from the scheme authority, currently the NHS Litigation Authority. This amendment sets out an alternative wording that would enable decisions about eligibility for redress to be made by an independent medical expert who is agreeable to the potential beneficiary of the scheme and the NHS Litigation Authority. The reason for suggesting this is the element of independence, which we have stated time and again is important to the credibility of the scheme. It remains our concern that there would be a conflict of interest if the NHS Litigation Authority were to make decisions about eligibility for the receipt of compensation from itself. As the noble Lord will know, there are precedents for smaller clinical negligence claims to be successful in this way. There is a small claims scheme pilot in England called Resolve, and in Wales, the Speedy Resolutions scheme is being run along a similar model. I understand that in those schemes decisions on eligibility are made by an independent medical expert based on information provided by the NHS trust and a specialist clinical negligence solicitor representing the claimant. Those pilots seemed to work well and the scheme is continuing in Wales. This amendment is an attempt to come at the matter from a slightly different angle. I look forward to the Minister’s response. I beg to move.