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My Lords, I will do my best to respond to the points made by noble Lords. The amendment to which we are asking noble Lordsto agree is Amendment No. 16B, not AmendmentNo. 16A. The amendment in lieu of the amendment made in this House, which was passed earlier today in...
My Lords, I will do my best to respond to the points made by noble Lords. The amendment to which we are asking noble Lordsto agree is Amendment No. 16B, not AmendmentNo. 16A. The amendment in lieu of the amendment made in this House, which was passed earlier today in...
My Lords, I beg to move that the Commons amendments be now considered. Moved accordingly, and, on Question, Motion agreed to. [The page and line references are to Bill 137 as first printed for the Commons.]"4: Clause 6, Page 4, line 13, leave out from ““scheme”” to end of line...
My Lords, I beg to move that the Commons amendments be now considered. Moved accordingly, and, on Question, Motion agreed to. [The page and line references are to Bill 137 as first printed for the Commons.]"4: Clause 6, Page 4, line 13, leave out from ““scheme”” to end of line...
My Lords, I beg to move Motion A, that the House do not insist on its Amendment No. 4A to which the Commons have disagreed, do not insist on its disagreement to Commons Amendments Nos. 5 and 16 on which the Commons have insisted, and do agree with the Commons...
My Lords, I beg to move Motion A, that the House do not insist on its Amendment No. 4A to which the Commons have disagreed, do not insist on its disagreement to Commons Amendments Nos. 5 and 16 on which the Commons have insisted, and do agree with the Commons...
moved Amendment No. 2:"Page 1, line 9, after ““of”” insert ““qualifying””" The noble Lord said: My Lords, during Committee a number of noble Lords raised concerns that the scheme was incapable of adapting to the increasing diversity of NHS healthcare provision. In particular, concerns were raised that the scheme should be able to...
moved Amendment No. 2:"Page 1, line 9, after ““of”” insert ““qualifying””" The noble Lord said: My Lords, during Committee a number of noble Lords raised concerns that the scheme was incapable of adapting to the increasing diversity of NHS healthcare provision. In particular, concerns were raised that the scheme should be able to...
moved Amendment No. 3:"Page 1, line 9, leave out ““in a hospital (in England or elsewhere)””" On Question, amendment agreed to.
moved Amendment No. 3:"Page 1, line 9, leave out ““in a hospital (in England or elsewhere)””" On Question, amendment agreed to.
My Lords, I understand the strength of feeling and the rationale, although I do not necessarily accept the rationale behind the new clause, as I will explain. We have had a good rehearsal of the issues in and around independent investigation, and I will set out our views on that when we come to...
My Lords, I understand the strength of feeling and the rationale, although I do not necessarily accept the rationale behind the new clause, as I will explain. We have had a good rehearsal of the issues in and around independent investigation, and I will set out our views on that when we come to...
moved Amendment No. 10:"Page 2, line 23, at end insert ““redress ordinarily to comprise-””" The noble Lord said: My Lords, concerns were raised in Committee that the Bill does not mention explicitly the making of an apology as obligatory under the scheme. In Clause 3(2), it currently provides that the scheme must provide for,"““(a) the...
moved Amendment No. 10:"Page 2, line 23, at end insert ““redress ordinarily to comprise-””" The noble Lord said: My Lords, concerns were raised in Committee that the Bill does not mention explicitly the making of an apology as obligatory under the scheme. In Clause 3(2), it currently provides that the scheme must provide for,"““(a) the...
moved Amendments Nos. 8 and 9:"Page 2, line 10, leave out subsection (7).""Page 2, line 14, at end insert—" ““( ) In this section, ““hospital”” has the same meaning as in the National Health Service Act 1977 (c. 49).”” On Question, amendments agreed to. Clause 3 [Redress under scheme]:
moved Amendments Nos. 8 and 9:"Page 2, line 10, leave out subsection (7).""Page 2, line 14, at end insert—" ““( ) In this section, ““hospital”” has the same meaning as in the National Health Service Act 1977 (c. 49).”” On Question, amendments agreed to. Clause 3 [Redress under scheme]:
moved Amendment No. 4:"Page 2, line 3, at end insert—" ““(4A) For the purposes of subsection (2), services are qualifying services if— (a) they are provided in a hospital (in England or elsewhere), or (b) they are of such other description (including a description involving provision outside England) as the Secretary of State may specify by...
moved Amendment No. 4:"Page 2, line 3, at end insert—" ““(4A) For the purposes of subsection (2), services are qualifying services if— (a) they are provided in a hospital (in England or elsewhere), or (b) they are of such other description (including a description involving provision outside England) as the Secretary of State may specify by...
My Lords, I take that as an invitation to have another go. As I said in my letter and in my opening remarks, I acknowledged that we could not be absolutely certain precisely which and at what time services would be taken out of a normal hospital setting and made available in a...
My Lords, I take that as an invitation to have another go. As I said in my letter and in my opening remarks, I acknowledged that we could not be absolutely certain precisely which and at what time services would be taken out of a normal hospital setting and made available in a...
My Lords, I do not for one moment believe that the Government’s position is incoherent. It is a fact of life which people have to face that in legal and other processes there is already a lot of legislation, custom and practice about disclosure. One cannot simply overturn that position in...
My Lords, I do not for one moment believe that the Government’s position is incoherent. It is a fact of life which people have to face that in legal and other processes there is already a lot of legislation, custom and practice about disclosure. One cannot simply overturn that position in...
My Lords, in Committee, as the noble Earl, Lord Howe, has said, a number of noble Lords raised concerns that lessons learnt under the scheme were not to be made public. The redress scheme has a number of aims, among them the desire to create a cultural shift within the NHS towards...
My Lords, in Committee, as the noble Earl, Lord Howe, has said, a number of noble Lords raised concerns that lessons learnt under the scheme were not to be made public. The redress scheme has a number of aims, among them the desire to create a cultural shift within the NHS towards...
moved Amendments Nos. 13 and 14:"Page 2, line 26, at end insert ““and" ( ) the giving of an apology,”” Page 2, leave out line 27 and insert ““but may specify circumstances in which one or more of those forms of redress is not required.”” On Question, amendments agreed to.
moved Amendments Nos. 13 and 14:"Page 2, line 26, at end insert ““and" ( ) the giving of an apology,”” Page 2, leave out line 27 and insert ““but may specify circumstances in which one or more of those forms of redress is not required.”” On Question, amendments agreed to.
moved Amendment No. 34:"Page 4, line 16, after ““(1)(a)”” insert ““or (1A)””" On Question, amendment agreed to.
moved Amendment No. 34:"Page 4, line 16, after ““(1)(a)”” insert ““or (1A)””" On Question, amendment agreed to.
My Lords, as I understand Amendment No. 27, it would place explicitly in the Bill the need for settlement agreements in respect of a child or incapacitated adult to be subject to the approval of a court of law. We believe that the amendments are unnecessary. Clause 6(2)(e) enables the scheme to make...
My Lords, as I understand Amendment No. 27, it would place explicitly in the Bill the need for settlement agreements in respect of a child or incapacitated adult to be subject to the approval of a court of law. We believe that the amendments are unnecessary. Clause 6(2)(e) enables the scheme to make...
moved Amendment No. 28:"Page 4, line 5, leave out subsection (1) and insert—" ““(1) A scheme must make provision for the period during which a liability is the subject of proceedings under the scheme to be disregarded for the purposes of calculating whether any relevant limitation period has expired. (1A) In subsection (1), the reference...
moved Amendment No. 28:"Page 4, line 5, leave out subsection (1) and insert—" ““(1) A scheme must make provision for the period during which a liability is the subject of proceedings under the scheme to be disregarded for the purposes of calculating whether any relevant limitation period has expired. (1A) In subsection (1), the reference...
moved Amendments Nos. 29 to 31:"Page 4, line 11, at beginning insert ““Subject to subsection (1A),””""Page 4, line 14, leave out ““of”” and insert ““in connection with proceedings under the scheme of other””""Page 4, line 14, leave out ““designed to help in reaching an agreement to settle”” and insert ““, including the services of medical experts””" On Question, amendments...
moved Amendments Nos. 29 to 31:"Page 4, line 11, at beginning insert ““Subject to subsection (1A),””""Page 4, line 14, leave out ““of”” and insert ““in connection with proceedings under the scheme of other””""Page 4, line 14, leave out ““designed to help in reaching an agreement to settle”” and insert ““, including the services of medical experts””" On Question, amendments...
moved Amendment No. 36:"Page 5, line 21, at end insert—" ““( ) require a member of the scheme to prepare and publish an annual report about such cases and the lessons to be learnt from them.”” On Question, amendment agreed to. [Amendments Nos. 37 and 38, as amendments to Amendment No. 36, not moved.] Clause 11 [Scheme authority]:
moved Amendment No. 36:"Page 5, line 21, at end insert—" ““( ) require a member of the scheme to prepare and publish an annual report about such cases and the lessons to be learnt from them.”” On Question, amendment agreed to. [Amendments Nos. 37 and 38, as amendments to Amendment No. 36, not moved.] Clause 11 [Scheme authority]:
My Lords, I am sorry. I got tangled up in my amendment numbers. I am grateful to the noble Earl, Lord Howe, for coming to my rescue. I apologise. I did have some more things to say. I am happy to delight the House with further and better particulars. The noble Baroness mentioned Amendment No. 38, which I had...
My Lords, I am sorry. I got tangled up in my amendment numbers. I am grateful to the noble Earl, Lord Howe, for coming to my rescue. I apologise. I did have some more things to say. I am happy to delight the House with further and better particulars. The noble Baroness mentioned Amendment No. 38, which I had...
moved Amendment No. 11:"Page 2, line 25, leave out ““and””" On Question, amendment agreed to.
moved Amendment No. 11:"Page 2, line 25, leave out ““and””" On Question, amendment agreed to.