Part of Health and Social Care Bill – in the House of Lords at 4:00 pm on 13 February 2012.
My Lords, how can I put this? I am enormously content with all the things that the Minister has said about Amendment 16, which was badly drafted and defective but he has answered all the questions. I hope that all noble Lords who supported me will feel content that he really has been helpful. As far as Amendment 13 is concerned, I would much rather win it this way than by going through the Lobbies. I thank him enormously.
Amendment 13 agreed.
Amendment 14 had been withdrawn from the Marshalled List.
Moved by Earl Howe
15: Clause 6, page 3, line 30, leave out from "and" to end of line 33 and insert-
"( ) this Act,
( ) the Health and Social Care Act 2008,
( ) the Health Act 2009, and
( ) the Health and Social Care Act 2012.""
Amendment 15 agreed.
Amendment 16 not moved.
Moved by Baroness Masham of Ilton
17: After Clause 6, insert the following new Clause-
"The Secretary of State's duty to ensure openness and transparency with patients when things go wrong
After section 1D of the National Health Service Act 2006 insert-
"1E Duty of candour when things go wrong
The Secretary of State must act with a view to securing that any organisation registered with the Care Quality Commission to provide healthcare is required to take all reasonable steps to ensure that a patient or, in the event of death or incapacity, their next of kin, is fully informed about incidents which occur as a consequence of providing the regulated healthcare to that patient where the incident has resulted in-
(a) any injury to a patient which, in the reasonable opinion of a health care professional, has resulted in-
(i) an impairment of the sensory, motor or intellectual functions of the patient which is not likely to be temporary,
(ii) changes to the structure of a patient's body,
(iii) the patient experiencing prolonged pain or prolonged psychological harm, or
(iv) the significant shortening of the life expectancy of the patient; or
(b) any injury to a patient which, in the reasonable opinion of a health care professional, requires treatment by that, or another, health care professional in order to prevent-
(i) the death of the patient, or
(ii) an injury to the patient which, if left untreated, would lead to one or more of the outcomes mentioned in paragraph (a).""