What action they propose to take to ensure that National Health Service patients referred by their general practitioner for surgery are treated equally and fairly, regardless of whether they smoke.

What action they propose to take to ensure that National Health Service patients referred by their general practitioner for surgery are treated equally and fairly, regardless of whether they smoke.

I appreciate that the hon. Gentleman and the Conservative party feel that the scheme should be independent, but we are proposing something different. We are proposing that when the NHS receives a complaint, it takes ownership of it and engages positively and constructively with the individual concerned, rather than passing...

I appreciate that the hon. Gentleman and the Conservative party feel that the scheme should be independent, but we are proposing something different. We are proposing that when the NHS receives a complaint, it takes ownership of it and engages positively and constructively with the individual concerned, rather than passing...

All we are suggesting is that the person who oversees the investigation should be independent of the trust. That is not an expensive option; it is certainly not as expensive as the Government believe—a figure of £41 million has been mentioned. It is absolute nonsense to say that what we...

All we are suggesting is that the person who oversees the investigation should be independent of the trust. That is not an expensive option; it is certainly not as expensive as the Government believe—a figure of £41 million has been mentioned. It is absolute nonsense to say that what we...

Let me remind the hon. Gentleman again that there was a very significant majority in this House when the matter was voted on on Third Reading.

Let me remind the hon. Gentleman again that there was a very significant majority in this House when the matter was voted on on Third Reading.

That does not make it right.

That does not make it right.

The hon. Gentleman says that that does not make it right, but that is what matters in our parliamentary process—and if he has plans to change it, I would be interested to hear them. As there was a majority of 95 in favour of our proposals, having made amendments such...

The hon. Gentleman says that that does not make it right, but that is what matters in our parliamentary process—and if he has plans to change it, I would be interested to hear them. As there was a majority of 95 in favour of our proposals, having made amendments such...

Let me put my point to the Minister in another way. This Bill is a wasted opportunity, as is suggested by the Government’s amendments, because there is nothing in it that cannot already happen now. Trusts can investigate themselves now, and the NHS Litigation Authority can make an offer now....

Let me put my point to the Minister in another way. This Bill is a wasted opportunity, as is suggested by the Government’s amendments, because there is nothing in it that cannot already happen now. Trusts can investigate themselves now, and the NHS Litigation Authority can make an offer now....

I believe that the amendments that we have made to the Bill give precisely that. Because patients will be able to read in full their investigation report, they will decide for themselves whether or not that investigation has credibility. If they are not persuaded that it has, their statutory rights...

I believe that the amendments that we have made to the Bill give precisely that. Because patients will be able to read in full their investigation report, they will decide for themselves whether or not that investigation has credibility. If they are not persuaded that it has, their statutory rights...

I am extremely grateful to the Minister for giving way; he is being very generous. How do he and the Government plan to measure this culture change in the NHS? Are there means in place that will enable the House and those outside to see whether the Minister is right,...

I am extremely grateful to the Minister for giving way; he is being very generous. How do he and the Government plan to measure this culture change in the NHS? Are there means in place that will enable the House and those outside to see whether the Minister is right,...

The hon. Gentleman makes a very reasonable point. We are clear that we want the establishment of this scheme to lead to a much-improved experience for the patient and to a reduction in the costs paid by the NHS in fighting clinical negligence claims. I am happy to give a...

The hon. Gentleman makes a very reasonable point. We are clear that we want the establishment of this scheme to lead to a much-improved experience for the patient and to a reduction in the costs paid by the NHS in fighting clinical negligence claims. I am happy to give a...

The Minister said that one of the outcomes that he seeks is a reduction in the pay-outs made by trusts. Even if he is right and the Government’s proposed system effects a cultural change, is it not possible that there may be an increase in pay-outs because of an NHS...

The Minister said that one of the outcomes that he seeks is a reduction in the pay-outs made by trusts. Even if he is right and the Government’s proposed system effects a cultural change, is it not possible that there may be an increase in pay-outs because of an NHS...

The Minister is going back on himself in one respect, because the whole point of the scheme is that it should provide a genuine alternative to litigation. One key reason why people go to court is because they want to establish the facts in an independent manner. If this scheme...

The Minister is going back on himself in one respect, because the whole point of the scheme is that it should provide a genuine alternative to litigation. One key reason why people go to court is because they want to establish the facts in an independent manner. If this scheme...

The hon. Gentleman is right. My predecessor acknowledged that this scheme may, by facilitating access to redress, lead to more people bringing forward cases and fewer people abandoning cases. As the hon. Gentleman knows because he was on the Standing Committee considering the Bill, a high rate of cases are...

The hon. Gentleman is right. My predecessor acknowledged that this scheme may, by facilitating access to redress, lead to more people bringing forward cases and fewer people abandoning cases. As the hon. Gentleman knows because he was on the Standing Committee considering the Bill, a high rate of cases are...

Yes, I can. It will be the trust’s responsibility to carry out the investigation locally.

Yes, I can. It will be the trust’s responsibility to carry out the investigation locally.

In the light of the Government amendment in lieu, will the Minister explain why he will not allow that separation to be spelled out on the face of the Bill?

In the light of the Government amendment in lieu, will the Minister explain why he will not allow that separation to be spelled out on the face of the Bill?

I am happy to do so. I do indeed stand by what I said in Committee, but I think that the hon. Gentleman has in mind a more rigid separation than we do. As I described in my opening remarks, we believe that there will be discussion between the scheme...

I am happy to do so. I do indeed stand by what I said in Committee, but I think that the hon. Gentleman has in mind a more rigid separation than we do. As I described in my opening remarks, we believe that there will be discussion between the scheme...

I thank the Minister for that clarification. For the record, I am not suggesting a rigid structure—far from it. All I am suggesting is that the function of fact-finding should be confined to the trust investigating at the fact-finding stage. That should not prevent correspondence, liaison and communication between the...

I thank the Minister for that clarification. For the record, I am not suggesting a rigid structure—far from it. All I am suggesting is that the function of fact-finding should be confined to the trust investigating at the fact-finding stage. That should not prevent correspondence, liaison and communication between the...

It is because we have in mind a unified, coherent scheme wherein trusts work closely with the scheme authority to ensure both that thorough and detailed investigation reports are produced and that, based on those reports, correct offers of settlement are made. We have in mind a single scheme, not...

It is because we have in mind a unified, coherent scheme wherein trusts work closely with the scheme authority to ensure both that thorough and detailed investigation reports are produced and that, based on those reports, correct offers of settlement are made. We have in mind a single scheme, not...

I suggest to the Minister that his remarks are somewhat contradictory. He has made it clear at the Dispatch Box that he accepts that the fact-finding stage will remain just that—a process to determine the facts—and it will then be up to the NHSLA to assess liability. I therefore cannot...

I suggest to the Minister that his remarks are somewhat contradictory. He has made it clear at the Dispatch Box that he accepts that the fact-finding stage will remain just that—a process to determine the facts—and it will then be up to the NHSLA to assess liability. I therefore cannot...

I take it from that response—if I am wrong, I invite the Minister to correct me—that the report would be restricted to the fact-finding stage and the investigation undertaken by the trust.

I take it from that response—if I am wrong, I invite the Minister to correct me—that the report would be restricted to the fact-finding stage and the investigation undertaken by the trust.