NHS Redress Bill [HL]

Once again, the clause contains generalised provisions and gives little away as to what they will mean in practice. First, there is the private sector. We understand that it is intended for all hospitals providing services to the NHS to be subject to the redress scheme. Undoubtedly, patients would expect that to be so. There must be a level playing field. But how is that to be achieved with hospitals in the independent sector? Is it to be achieved through the contracts made with the commissioning bodies? If so, what will happen if, when the scheme is introduced, an existing contract does not run out for a considerable period? Will that mean that the redress scheme cannot operate until the contract is renewed? If so, that is unsatisfactory. What happens about cross-border contracts? That is a hardy perennial of debates in your Lordships’ House, but it is relevant here. Where hospital care is commissioned in England but provided in Wales, how will a patient be able to make an application under the redress scheme if there is no similar scheme operating in Wales? Shortly, we shall debate Clause 17, but the whole point of Clause 17 is that it grants the National Assembly discretion whether to introduce a redress scheme of its own and, if so, to do so in a form of its choosing. On Monday, the noble Baroness, Lady Barker, raised the issue of overseas providers of hospital care and whether they were to be included in the scheme. Now may be the Minister’s opportunity to tell us the answer to that question. It is difficult to see how they could be made a part of it, but I will be interested to hear what he has to say. But there is a general question relating to bodies which, for one reason or another, are not scheme members but which provide hospital services to the NHS. How, if they are not scheme members, will it be possible to make them supply the necessary information to the scheme authority? How will it be possible for them to take local ownership of the issues involved in an investigation when they have not signed up for the process? How will lessons be learnt and promulgated and followed up in those hospitals? There are many questions on which light must be shed. They are all open at present and I would be grateful if the Minister could say how it is intended to deal with them.