NHS Redress Bill [HL]

moved Amendment No. 62:"Page 6, line 2, after ““disclosure”” insert ““by a body or other person to whose liability the scheme applies””" The noble Earl said: In moving Amendment No. 62, I shall speak to Amendment No. 65. These are perhaps a little more than probing amendments because there appears to be an ambiguity in Clause 12, which may need clearing up. The Explanatory Notes appear to say that the provisions in this clause relating to the restriction on disclosure of information apply to scheme members. That is not wholly apparent from the wording of the clause. The legal advice I have had is that Clause 12 could read as though it applied to claimants under the scheme. The key point here, as I think the Liberal Democrat Amendment No. 64 brings out, is that the common law rules of privilege should apply between the applicant and the scheme to avoid unfairness to the claimant, and the wording of the clause appears to put that in doubt. I beg to move.