Part of the debate – in the Senedd at 5:08 pm on 14 January 2020.
As you will be well aware, at times, consensus is difficult to reach in this place. However, the NHS (Indemnities) (Wales) Bill is a piece of legislation that has earned cross-party approval, and I'm grateful to have the opportunity to speak on behalf of the Welsh Conservatives during the final stage of this Bill. I'd like to extend my thanks to the Minister for the work that he and his department undertook on the existing liabilities scheme, and to all the committee members and staff who took the Bill through the legislative stages in record time.
Following my first amendment during Stage 2, concerning the preparation and publishing of a report on the effect of the Act, I received assurances from the Minister for Health and Social Services that the Welsh Government would review reporting mechanisms on both the existing liabilities scheme, i.e. this Bill before us, and the future liabilities scheme. I would like to thank the Minister for confirming that an annual report will be published on both schemes, thereby enabling appropriate scrutiny by the relevant committees and the Assembly as a whole. This commitment was made in the form of a letter that the Minister sent to the Health, Social Care and Sport Committee on 7 January, and indeed has just been reiterated by the Minister. Because it is important that we get this Bill right to ensure that working as a GP in Wales continues to be an attractive and viable career, and that barriers are not created between GPs working in Wales and other parts of the UK.
Turning to the second amendment that we tabled at Stage 2, the amendment raised significant concerns that the Medical Defence Union had not agreed a position with the Welsh Government on the existing liabilities scheme. However, I was content to withdraw that amendment as the Minister again provided assurances. Since that committee stage, I and several other Assembly Members have been alerted to serious concerns raised in the GP future liabilities scheme as set out in the National Health Service (Clinical Negligence Scheme) (Wales) Regulations 2019. Defence organisations and practitioners wish to seek clarity and reassurance from the Welsh Government on the criteria that may be employed to withhold cover under the scheme.
The legal and risk services department currently provides the claims-handling services for GPs, for instance, that take place after 1 April 2019. Defence organisations have raised concerns that legal and risk services do not fully understand the different dynamics at play when supporting individual GPs through a claim, rather than the claims services to NHS trusts. An example of a different dynamic at play is that GPs could face multiple jeopardy. They may have to deal with a complaint, a claim, a disciplinary investigation, a General Medical Council investigation, potentially an inquest and potentially a criminal investigation. There's very real concern that any expression of liability will negate the acceptance of a claim by legal and risk services. This does not sit well with the duty of candour that the Welsh Government is seeking to bring in through the Health and Social Care (Quality and Engagement) (Wales) Bill.
Therefore, Minister, whilst welcoming the positive step this Bill brings to providing reasonable-cost indemnity to primary care providers, may I also take this opportunity to ask that you consider the following questions: looking at outcomes, how is the Welsh Government going to benchmark the future liabilities scheme? What assurances can GPs get that they will be involved in all stages of the claim and be kept fully informed, including the sharing in advance with GPs drafts of all relevant documentation? What clarity can you provide surrounding the use of GP claims data for purposes other than direct claims handling? And the NHS in England, while having a similar position to yours on future liabilities, have assured their GPs that, and I quote, they will not withhold indemnity under the clinical negligence scheme for general practice because a practitioner has taken action to comply with their ethical, professional or statutory obligations. So, what commitment will the Minister make that this assurance will be replicated in Wales?
I absolutely understand that this is going to come under the regulations. It does not detract from the legislation in front of us, which, as I said, has our full support and is very, very welcome to GPs the length and breadth of Wales. But there is an old adage, Minister, that the devil is in the detail and, whilst we are content to support this Bill despite its rapid progress through the legislative process, there is still work to be done to ensure that general practitioners in Wales receive the same level of service and the same standard of defence from the state-backed existing liabilities scheme as they did before. Diolch yn fawr.