Clause 6
NHS Redress Bill [Lords]
7:15 pm
Andy Burnham (Minister of State (Delivery and Quality), Department of Health; Leigh, Labour)
I understand the hon. Lady’s point, but following a discussion in another place, it was agreed that it would be appropriate to insert in the clause paragraph (b) to provide reassurance to people that the scheme would not require those harmed during NHS care to waive their rights, unless they are fully aware of the consequences and they consent to that waiver.
May I develop my thoughts? I may provide some reassurance to the hon. Lady or I may not. If people are advised that there is uncertainty over their prognosis, and that the offer of settlement may not take adequate account of that, it will be open to them to reject the offer of settlement under the scheme and seek redress through the courts, as we have said throughout proceedings today. That is the type of case in which it might be appropriate for the scheme to appoint a jointly agreed expert through the powers in clause 8(1)(b). The paragraph says that provision can be made in connection with proceedings under the scheme,
“including the services of medical experts.”
In that respect, an applicant under the scheme will be in a similar position to a person who is made an offer of settlement after the commencement of court proceedings. Those are the facts. That person will have to weigh up all the factors on the basis of appropriate advice, and decide whether they wish to accept the offer. Claimants in civil proceedings do not generally get a second bite at the cherry. Settlements are usually a full and final settlement of any claim that they bring.