Part of the debate – in the Senedd at 4:42 pm on 15 October 2019.
The draft Bill amends section 30 of the NHS (Wales) Act 2006 in relation to schemes for meeting losses and liabilities of certain health service bodies, by inserting new provisions into section 30, enabling Welsh Ministers to make regulations to establish direct indemnity schemes, whilst also expanding the bodies who may be indemnified by the Welsh Ministers under schemes established pursuant to section 30. These powers will enable Welsh Ministers to make regulations to establish a direct indemnity scheme to indemnify GPs for any historic clinical negligence claims reported, or incurred but not yet reported, prior to 1 April 2019. That is the existing liabilities scheme, or ELS.
The Bill will ensure that GPs in Wales are not treated at a disadvantage relative to their counterparts in England where similar state-backed existing liability scheme arrangements are being introduced. This in turn will help to ensure that there is no negative impact on future GP recruitment and retention. The Bill and the subsequent existing liability scheme regulations will also ensure that Wales and England cross-border activity will not be adversely affected by different schemes operating in England and Wales.
In conclusion, the proposed Bill will: futureproof the powers of the Welsh Ministers for any effects, market shocks and stresses of possible future events relating to clinical negligence cover for providers of primary medical services in Wales; it will strengthen the resilience of general medical services; and it will provide assurance for patients in relation to pre-April 2019 clinical negligence claims for redress. I am pleased to introduce this Bill to the Assembly for scrutiny and look forward to working with the Assembly and its scrutiny committees over the coming months.