Group 3: Investigation of a health related service: Costs recovery (Amendments 30, 6, 8, 9)

Part of the debate – in the Senedd at 4:15 pm on 13 March 2019.

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Photo of Llyr Gruffydd Llyr Gruffydd Plaid Cymru 4:15, 13 March 2019

Diolch, Llywydd. I move amendment 30 and I'll speak to all amendments in this group. Now, amendment 30 confirms that, where the ombudsman has recovered costs incurred as a result of obstruction caused by a provider of health-related services, the ombudsman can retain those recovered costs and does not have to pay them into the Welsh consolidated fund. This provision is similar to the provision that exists in the Bill enabling the ombudsman to retain any fees charged by the ombudsman for supplying copies of reports. So, it introduces greater consistency.

Amendment 6 amends the cross-referencing in section 16, clarifying precisely when a provider of health-related services is deemed to be a listed authority. The effect of this amendment will be that the provider of a health-related service will, for example, receive copies of reports when an investigation relates to the provider. Likewise, when a provider of health-related services is being investigated, the provider is given the same chance to comment on the investigation as a listed authority is given.

Amendments 8 and 9 insert two new sections, which clarify the procedure for recovering certain costs from providers of health-related services. These amendments will ensure that the ombudsman has a clear and efficient way of recovering certain costs from providers of health-related services. Amendment 8 relates to the ombudsman being able to recover costs where he has investigated a health-related service as part of an investigation into a listed authority. This covers where the provider of the health-related service has obstructed the ombudsman or has done something that would constitute contempt of court if the proceedings were in the High Court. Should this happen, the ombudsman may serve a costs recovery notice and amendment 9 makes provision regarding serving a costs recovery notice.