Clause 70 - NHS costs recovery
Health Bill
6:45 pm
Caroline Flint (Parliamentary Under-Secretary (Health), Department of Health; Don Valley, Labour)
I will seek to verify the situation in that respect. In relation to the clause, it was proposed because, following the 2003 Act there was still considerable discussion and consultation about whether it provided adequately for contributory negligence to be taken into account in a wider range of cases, which did not just involve court processes.
The proposal will retain option A of section 153 of the 2003 Act, but will expand option B so that any form of non-court based negotiated settlement, which has formal recognition of contributory negligence, can qualify for a similar reduction in independent complaints reviewer charges, not just mediation. For example, arbitration or a settlement negotiated by solicitors or insurers without recourse to the courts, or even just agreed between the parties themselves rather than their representatives, will be acceptable. That is important because I understand that more than 90 per cent. of personal injury claims are resolved without going to court. The proposal will greatly increase the number of cases in which contributory negligence can be taken into account. The hon. Gentleman took the words out of my mouth.
Contributory negligence recognises that the individuals themselves played a part in the injury that they sustained and thus should be welcomed by business interests since it would, I hope, logically result in compensators having to pay less in NHS charges in many more cases in which contributory negligence is accepted as a factor in the primary compensation claim.
As I said, I will verify the other issues that the hon. Gentleman raised. Rather than re-open the 2003 discussions, which led to the Act, the proposals tackle areas that should have been tackled earlier.
Question put and agreed to.
Clause 70 ordered to stand part of the Bill.