NHS compensation plan 'confused'

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The Welsh Assembly Government's first substantial piece of legislation under its new powers has been criticised on both legal and financial grounds.

The NHS redress measure is aimed at simplifying the compensation process for victims of medical errors.

But it has been attacked by an assembly watchdog committee for being too broad and having confused costings. Lawyers claimed it was framed in "undue haste".

The assembly government said it was committed to delivering the measure.

The NHS redress measure would be the assembly government's first substantial piece of legislation since the new powers in the Government of Wales act came into force.

It is meant to offer patients who suffer poor treatment in hospitals the chance to gain compensation quickly and easily, without taking legal action.

But a report from an assembly committee scrutinising the legal aspects of the measure has attacked it for being too broad.

It also said it gave too much discretion to the assembly government to change the law.

At the root of our concerns is the fact that we do not really know what the assembly government is substantively proposing to do Alan Tench, constitutional lawyer

They also warned that the costings of the scheme were confused.

Kay Powell from the Law Society said the assembly government was acting with "undue haste" to propose its first measure at the expense of good law-making.

"The government has prided itself on its consultation procedure however this government proposed measure does not follow this strong practice," she said.

Constitutional lawyer Alan Tench of University College London said: "At the root of our concerns is the fact that we do not really know what the assembly government is substantively proposing to do."

The assembly committee's report will go to another scrutiny committee, which is chaired by Conservative AM Jonathan Morgan.

"This measure is simply too broad and confers too much power on the government," he said.

Letter

"The government has not completed the policy work - we will be asked to look at this line by line in January but we do not have the information at our disposal."

In a letter to the committee, Health Minister Edwina Hart said that she would seek approval from the assembly if there were any plans to extend arrangements of the NHS redress measure beyond hospitals.

But Ms Powell said: "Her assurances are as good as her word.

"She may not be the minister if they decide to extend the measure, so the law has to be robust."

The assembly government said: "The issues relating to the NHS redress measure are progressing through the various committees.

"We are committed to delivering the NHS redress measure for the benefit of staff and patients."