My Lords, if there is no intention at any stage to provide for appeals to a court, tribunal or other person against such determinations, why is the option included in the first place? Either the Government intend at some point for some categories of case to be dealt with in that way or they do not. If they do, they should make regulations. If they do not, subsection (6) is otiose. However, I am making no progress with the noble and learned Lord, and at this hour I do not propose to take the matter further. I beg leave to withdraw the amendment.
Amendment 100 withdrawn.
Amendment 101 not moved.
Moved by Lord Phillips of Sudbury
101A: After Clause 11, insert the following new Clause-
"Report reviewing claims for clinical negligence
(1) In discharging his or her functions under section 1(4) above, the Lord Chancellor shall have regard to the provisions of this section.
(2) The Lord Chancellor may appoint an independent person to review claims for clinical negligence and means of improving the modes, procedures, financing and outcomes relating to the same as he or she shall specify.
(3) Such a review may in particular address the accessibility, cost, effectiveness, openness, fairness, proportionality and speediness of such claims.
(4) After the reviewer must compile a report of his or her conclusions.
(5) As part of those conclusions the reviewer may propose such scheme or schemes (voluntary or otherwise) as he or she shall see fit.
(6) In this section "claims" shall mean claims and complaints made by patients receiving services provided or commissioned in England in respect of a liability in tort or contract owed in respect of personal injury or loss arising in connection with breach of a duty of care owed to any person in connection with the diagnosis of illness, or in the care or treatment of any patient of an NHS body, or of a primary care or independent provider.
(7) The Lord Chancellor must lay before Parliament a copy of a report compiled under subsection (4)."