Part of the debate – in the Senedd at 6:42 pm on 10 March 2020.
In this group, amendments 73, 74 and our amendments—they specify that breaches of the duty of candour should be reported to Welsh Ministers, who, in turn, would have a requirement to report these breaches to the National Assembly, either via an annual report, or, when the Minister deems them serious, then immediately. I would say that that level of seriousness would be defined through guidance.
Once again, I think the reason for these amendments—both ours and the Conservatives'—is about ensuring that we start to pass meaningful legislation in this place. Meaningful in the sense that there are consequences to breaking the law—something that we've already touched on earlier this evening. The arguments made against these amendments at Stage 2 were that the Minister didn't want to encourage a culture of punishment, as he feared that would deter reporting. But, of course, it's important to point out that reporting mistakes isn't a breach of the duty of candour—it's what the duty is supposed to be about. A breach of the duty of candour is the failure to report mistakes. So, discovering a breach is already effectively discovering an incident of dishonesty, therefore is surely already serious enough to warrant reporting to Welsh Government. We don't want to be too prescriptive and say that it will definitely result in punishment, but we do feel that breaching this duty is serious enough that we need to know about it. That's vital, we believe, in order to build the kind of trust that we want within health and care in Wales.
So, these amendments would place a requirement to report these breaches to the National Assembly, either via an annual report or, as I said, if the Minister deems them serious, then immediately. But it's about, as we've heard already, teeth being given to this piece of legislation and ensuring that it actually acts in a way that means we see change and an improvement to the current situation.