Part of the debate – in the Senedd at 4:17 pm on 13 March 2019.
Speaking first to amendments 8 and 9, these amendments do not change the intention of this section. They aim to ensure that the ombudsman is able to recover costs incurred when they have been obstructed by a private healthcare provider.
It is vital that there is a disincentive in the Bill to obstructing the ombudsman, and that private health companies enable the ombudsman to properly determine where fault lies in a public-private healthcare pathway. The need for a power to recover such costs was identified in the original draft of the Bill. However, the original provisions on cost recovery in the Bill would not have functioned as was intended, and the public purse would have to bear the costs of any additional work resulting from obstruction.
Whilst I hope these provisions will not need to be used, I’m grateful to the Member in charge for tabling these amendments and ensuring that the ombudsman will have an effective and enforceable power, should they need it, to prevent the Welsh taxpayer from covering the costs of obstructive behaviour from private providers.
Amendment 6 clarifies the cross-references in the Bill to ensure private health services are captured by the correct provisions in the Bill that refer to listed authorities.
Finally, amendment 30 allows the ombudsman to retain costs recovered rather than returning them to the Welsh consolidated fund. As these costs can only be recovered when they've already been incurred, this is a reasonable change to prevent the ombudsman from needing to absorb extra costs in-year and ensure their resources can be dedicated as agreed by the Finance Committee in that year’s statement.
I’m happy to support the Member in charge's amendments in this group and I would urge Members to do the same and ensure this Bill operates effectively.