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Lord Warner
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Legal costs

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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...

Member
Lord Warner (Labour)
Type
Proceeding contributions
Date
15 February 2006
Reference
678 c1158-9
House
House of Lords

moved Amendment No. 3:"Page 1, line 9, leave out ““in a hospital (in England or elsewhere)””" On Question, amendment agreed to.

Member
Lord Warner (Labour)
Type
Proceeding contributions
Date
15 February 2006
Reference
678 c1161
House
House of Lords

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...

Member
Lord Warner (Labour)
Type
Proceeding contributions
Date
15 February 2006
Reference
678 c1156-7
House
House of Lords

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...

Member
Lord Warner (Labour)
Type
Proceeding contributions
Date
15 February 2006
Reference
678 c1162-3
House
House of Lords

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]:

Member
Lord Warner (Labour)
Type
Proceeding contributions
Date
15 February 2006
Reference
678 c1162
House
House of Lords

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...

Member
Lord Warner (Labour)
Type
Proceeding contributions
Date
15 February 2006
Reference
678 c1161-2
House
House of Lords

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...

Member
Lord Warner (Labour)
Type
Proceeding contributions
Date
15 February 2006
Reference
678 c1160-1
House
House of Lords

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...

Member
Lord Warner (Labour)
Type
Proceeding contributions
Date
15 February 2006
Reference
678 c1189-90
House
House of Lords

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...

Member
Lord Warner (Labour)
Type
Proceeding contributions
Date
15 February 2006
Reference
678 c1164-6
House
House of Lords

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.

Member
Lord Warner (Labour)
Type
Proceeding contributions
Date
15 February 2006
Reference
678 c1167
House
House of Lords

moved Amendment No. 34:"Page 4, line 16, after ““(1)(a)”” insert ““or (1A)””" On Question, amendment agreed to.

Member
Lord Warner (Labour)
Type
Proceeding contributions
Date
15 February 2006
Reference
678 c1200
House
House of Lords

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...

Member
Lord Warner (Labour)
Type
Proceeding contributions
Date
15 February 2006
Reference
678 c1198
House
House of Lords

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...

Member
Lord Warner (Labour)
Type
Proceeding contributions
Date
15 February 2006
Reference
678 c1198-9
House
House of Lords

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...

Member
Lord Warner (Labour)
Type
Proceeding contributions
Date
15 February 2006
Reference
678 c1200
House
House of Lords

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]:

Member
Lord Warner (Labour)
Type
Proceeding contributions
Date
15 February 2006
Reference
678 c1201
House
House of Lords

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...

Member
Lord Warner (Labour)
Type
Proceeding contributions
Date
15 February 2006
Reference
678 c1166-7
House
House of Lords

moved Amendment No. 11:"Page 2, line 25, leave out ““and””" On Question, amendment agreed to.

Member
Lord Warner (Labour)
Type
Proceeding contributions
Date
15 February 2006
Reference
678 c1164
House
House of Lords

My Lords, I am happy to give that assurance. It is certainly not our intention to do that; it would defeat the objectives of the scheme. One of those objectives is that people should learn from their mistakes, and part of that learning process is explaining to people what has gone...

Member
Lord Warner (Labour)
Type
Proceeding contributions
Date
15 February 2006
Reference
678 c1164
House
House of Lords

My Lords, I listened carefully to the noble Baroness’s advocacy of the three amendments. I am afraid that we oppose Amendment No. 18 on the grounds that it may be appropriate to provide for other circumstances in which proceedings under the scheme may not be commenced. The amendment would remove any flexibility. The only...

Member
Lord Warner (Labour)
Type
Proceeding contributions
Date
15 February 2006
Reference
678 c1172-4
House
House of Lords

: My Lords, it is intended that the redress scheme will provide for financial compensation to be offered, and Clause 3(4) sets out some of the parameters of such financial compensation. It allows the scheme to specify upper financial limits for compensation. As drafted, this may be an upper limit on...

Member
Lord Warner (Labour)
Type
Proceeding contributions
Date
15 February 2006
Reference
678 c1169-70
House
House of Lords