Tag: Tom Brake

  • Tom Brake – 2015 Parliamentary Question to the Department of Health

    Tom Brake – 2015 Parliamentary Question to the Department of Health

    The below Parliamentary question was asked by Tom Brake on 2015-10-26.

    To ask the Secretary of State for Health, what assessment he made of the potential effect of his plans for improving patient safety and zero harm on reducing the cost of clinical negligence before taking forward proposals for a fixed-costs regime in clinical negligence.

    Ben Gummer

    We are planning to consult on the introduction of the fixed cost regime for clinical negligence claims where the damages awarded to claimants are less than £250,000. This forms part of our over-arching objective to minimise adverse incidents and provide an efficient, cost-effective approach to litigation. In doing this we are seeking to improve patient care by reducing the incidence of clinical negligence, improve customer care by ensuring the National Health Service is responsive to users; and ensure there is an appropriate and cost effective legal process in place for claimants and defendants.

    In advance of this work a pre-consultation exercise was undertaken with a wide range of bodies representing the views of patients, lawyers, bar organisations, professional bodies, NHS organisations, private healthcare providers and Welsh interests. Issues raised by these organisations included: access to justice, impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012; patient safety; and the avoidance of unnecessary costs in clinical negligence cases. These views will be rehearsed in the proposed consultation document and will inform decisions that are made following the consultation exercise. Respondents will have the opportunity to provide comments on the proposals, which we have been developing with the Civil Procedure Rules Committee.

  • Tom Brake – 2015 Parliamentary Question to the Department of Health

    Tom Brake – 2015 Parliamentary Question to the Department of Health

    The below Parliamentary question was asked by Tom Brake on 2015-10-26.

    To ask the Secretary of State for Health, what assessment he made of the potential effect of the (a) provisions in the Legal Aid Sentencing and Punishment of Offenders Act 2012 on reducing costs associated with clinical negligence and (b) possibility of the NHS and NHS Litigation Authority causing unnecessary costs in clinical negligence cases before he made his decision to take forward proposals for a fixed-costs regime in clinical negligence.

    Ben Gummer

    We are planning to consult on the introduction of the fixed cost regime for clinical negligence claims where the damages awarded to claimants are less than £250,000. This forms part of our over-arching objective to minimise adverse incidents and provide an efficient, cost-effective approach to litigation. In doing this we are seeking to improve patient care by reducing the incidence of clinical negligence, improve customer care by ensuring the National Health Service is responsive to users; and ensure there is an appropriate and cost effective legal process in place for claimants and defendants.

    In advance of this work a pre-consultation exercise was undertaken with a wide range of bodies representing the views of patients, lawyers, bar organisations, professional bodies, NHS organisations, private healthcare providers and Welsh interests. Issues raised by these organisations included: access to justice, impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012; patient safety; and the avoidance of unnecessary costs in clinical negligence cases. These views will be rehearsed in the proposed consultation document and will inform decisions that are made following the consultation exercise. Respondents will have the opportunity to provide comments on the proposals, which we have been developing with the Civil Procedure Rules Committee.

  • Tom Brake – 2015 Parliamentary Question to the Department of Health

    Tom Brake – 2015 Parliamentary Question to the Department of Health

    The below Parliamentary question was asked by Tom Brake on 2015-10-26.

    To ask the Secretary of State for Health, what assessment his Department made of the potential effect on access to justice for victims of clinical negligence before it developed its proposals to introduce a fixed recoverable costs regime for clinical negligence; which other stakeholders were consulted on this matter before those proposals were developed; and what the response of those stakeholders to that consultation was.

    Ben Gummer

    We are planning to consult on the introduction of the fixed cost regime for clinical negligence claims where the damages awarded to claimants are less than £250,000. This forms part of our over-arching objective to minimise adverse incidents and provide an efficient, cost-effective approach to litigation. In doing this we are seeking to improve patient care by reducing the incidence of clinical negligence, improve customer care by ensuring the National Health Service is responsive to users; and ensure there is an appropriate and cost effective legal process in place for claimants and defendants.

    In advance of this work a pre-consultation exercise was undertaken with a wide range of bodies representing the views of patients, lawyers, bar organisations, professional bodies, NHS organisations, private healthcare providers and Welsh interests. Issues raised by these organisations included: access to justice, impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012; patient safety; and the avoidance of unnecessary costs in clinical negligence cases. These views will be rehearsed in the proposed consultation document and will inform decisions that are made following the consultation exercise. Respondents will have the opportunity to provide comments on the proposals, which we have been developing with the Civil Procedure Rules Committee.

  • Tom Brake – 2015 Parliamentary Question to the Department of Health

    Tom Brake – 2015 Parliamentary Question to the Department of Health

    The below Parliamentary question was asked by Tom Brake on 2015-10-26.

    To ask the Secretary of State for Health, what safeguards he plans to introduce as part of his proposed fixed-cost regime changes to the Civil Procedure Rules to ensure that changes are fair to any side in civil litigation and do not harm access to justice.

    Ben Gummer

    We are planning to consult on the introduction of the fixed cost regime for clinical negligence claims where the damages awarded to claimants are less than £250,000. This forms part of our over-arching objective to minimise adverse incidents and provide an efficient, cost-effective approach to litigation. In doing this we are seeking to improve patient care by reducing the incidence of clinical negligence, improve customer care by ensuring the National Health Service is responsive to users; and ensure there is an appropriate and cost effective legal process in place for claimants and defendants.

    In advance of this work a pre-consultation exercise was undertaken with a wide range of bodies representing the views of patients, lawyers, bar organisations, professional bodies, NHS organisations, private healthcare providers and Welsh interests. Issues raised by these organisations included: access to justice, impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012; patient safety; and the avoidance of unnecessary costs in clinical negligence cases. These views will be rehearsed in the proposed consultation document and will inform decisions that are made following the consultation exercise. Respondents will have the opportunity to provide comments on the proposals, which we have been developing with the Civil Procedure Rules Committee.

  • Tom Brake – 2015 Parliamentary Question to the Department of Health

    Tom Brake – 2015 Parliamentary Question to the Department of Health

    The below Parliamentary question was asked by Tom Brake on 2015-10-09.

    To ask the Secretary of State for Health, what steps his Department is taking to ensure that NHS England collects data on waiting times between referral and first appointment for a diagnosis of autism in line with NICE Quality Standard QS51.

    Alistair Burt

    The Department has discussed with NHS England the difficulties that people on the autistic spectrum can have in getting an appropriate diagnosis in a timely manner. With support from the Department, NHS England and the Association of Directors of Social Services will undertake a series of visits to clinical commissioning groups (CCGs) to gather information that can be shared between areas that have arrangements in place to meet National Institute for Health and Care Excellence (NICE) Quality Standard 51 Autism: support for commissioning, and those that do not, with the aim of supporting more consistent provision. These NICE guidelines already recommend that there should be a maximum of three months between a referral and a first appointment for a diagnostic assessment for autism. We expect the National Health Service to be working towards meeting the recommendations.

    NHS England has also been working with the Health and Social Care Information Centre to develop the Mental Health Minimum Data Set. This will include provision for the diagnosis of autism to be recorded. This mandatory data set will, for the first time, provide data about diagnosis rates. The data will be published and available for everyone to use to support and develop services. NHS England has a commitment, over the next five years, to improve waiting times and this data will be invaluable for this. Information on average waiting times for autistic diagnosis in each clinical commissioning group area is not collected centrally.

    The Department issued new statutory guidance in March this year for local authorities and NHS organisations to support the continued implementation of the 2010 Autism Strategy, as refreshed by its 2014 Think Autism update. This guidance sets out what people seeking an autism diagnosis can expect from local authorities and NHS bodies including general practitioners.

    We are due to consult on how we set the mandate to NHS England prior to publication of the mandate itself. The mandate will be published following the Government’s Spending Review which is due to complete on 25 November.

  • Tom Brake – 2015 Parliamentary Question to the Department of Health

    Tom Brake – 2015 Parliamentary Question to the Department of Health

    The below Parliamentary question was asked by Tom Brake on 2015-10-09.

    To ask the Secretary of State for Health, what steps (a) his Department and (b) NHS England is taking to ensure that autism diagnosis waiting times for (i) children and (ii) adults in Carshalton and Wallington constituency meet NICE guidance.

    Alistair Burt

    The Department has discussed with NHS England the difficulties that people on the autistic spectrum can have in getting an appropriate diagnosis in a timely manner. With support from the Department, NHS England and the Association of Directors of Social Services will undertake a series of visits to clinical commissioning groups (CCGs) to gather information that can be shared between areas that have arrangements in place to meet National Institute for Health and Care Excellence (NICE) Quality Standard 51 Autism: support for commissioning and those that do not, with the aim of supporting more consistent provision. These NICE guidelines already recommend that there should be a maximum of three months between a referral and a first appointment for a diagnostic assessment for autism. We expect the National Health Service to be working towards meeting the recommendations.

    NHS Newcastle Gateshead CCG is working with Northumberland, Tyne and Wear NHS Foundation Trust to refine their autism pathway, from diagnosis through to therapy and support if appropriate, to be in line with the NICE recommendations. In October 2013, Sheffield CCG commissioned a service to be NICE compliant. However, the service has received a higher volume of referrals than had been anticipated, and is currently the subject of a review to ensure the right model and level of service is delivered in Sheffield.We are not aware of any issues in Carshalton and Wallington.

  • Tom Brake – 2016 Speech on the Iraq Inquiry Report

    Below is the text of the speech made by Tom Brake, the Liberal Democrat MP for Carshalton and Wallington, in the House of Commons on 14 July 2016.

    I welcome the fact that the Government have allocated two days for this debate. This is an opportunity to remind the House that although all Members considered the same evidence, presented to the House by Mr Blair, some—from all parties—came to a different conclusion from others about whether military action was timely or legal.

    The hon. Member for Plymouth, Moor View (Johnny Mercer) is no longer in his place, but I thank him for the service that he has given this country, as have other Members. I reassure him that although I, along with many other Members, marched against the Iraq war, I have always been fully supportive of our troops who were dispatched by our Government to fight that war, or indeed any other war. I have no criticism of them; I might have some for their senior officers, but that is a different matter.

    Since the publication of the Chilcot report, Lord Campbell of Pittenweem has provided a helpful summary of events in a speech in the House of Lords:

    “We know that the Cabinet was not provided with the full, detailed opinions of the Attorney-General. Sir John Chilcot forcefully finds that that was not proper and should not happen again…He found that military action was not yet the last resort, that diplomatic options were still available, that there was no imminent threat, that Dr Blix and Dr ElBaradei were still able to fulfil their responsibilities, and that there were conflicting views about Resolution 1441. When you add to that Article 2 of the United Nations charter which prohibits regime change, it is a legitimate judgment that this was not a legal war.”—[Official Report, House of Lords, 12 July 2016; Vol. 774, c. 135.]

    We also heard from Lord Tyler, who said that Chilcot was explicit that

    “going to war without a majority in the United Nations Security Council ‘undermined the authority of the UN’.”—[Official Report, House of Lords, 12 July 2016; Vol. 774, c. 144.]

    The Liberal Democrats have always put great stead on the importance of supporting the United Nations.

    In the same debate, Lord Beith focused on some of the inadequacies in preparation, from a military perspective, by the Ministry of Defence, and asked why there was inadequate preparation for the known dangers of improvised explosive devices, and a failure to provide adequately armoured vehicles. I would therefore like to speak for a few minutes about the focus on post-conflict reconstruction—an area that has not had much of an outing today. Better planning and preparation for a post-Saddam Hussein Iraq might not necessarily have prevented the events that have unfolded in Iraq since 2003, but Chilcot identified the major issue that there was no planning to speak of at all for the post-conflict stage.

    Before I was elected, I worked in project management, and a cursory examination of paragraph 590—on page 78—onwards of the report’s executive summary highlights that if we consider the work done in Iraq as a project, it failed the most basic tests of initiation and execution for even the smallest project. For instance, is it clear who was responsible for which tasks? Paragraph 593 says no, and that

    “the UK assumed that the US would be responsible for preparing the post-conflict plan”.

    Were there any contingency plans? Paragraph 601 says that none were made for the possibility of the UK being drawn into a huge commitment of UK resources. Is there clarity about who had the power to take decisions? Paragraph 603 stated that no one had sufficient authority

    “to establish a unified planning process across…the FCO, the MOD, DFID and the Treasury.”

    Was it clear who was in overall control? Paragraph 609 states that no single person was in charge of

    “overseeing all aspects of planning and preparation”.

    Were sufficiently trained and experienced people available? Paragraph 610 states:

    “The FCO…was not equipped by past experience…to prepare for nation-building of the scale required in Iraq,”.

    Were the assumptions challenged? Paragraph 618 states that assumptions were not systematically challenged, and that in fact, they were very seldom challenged. Any project manager—even the most junior one—in IT, construction, or any other field, who designed a project that was as poorly planned, initiated, resourced and executed as this one, would have been sacked. Yet in 2002-03, our Government planned to invade a country, support regime change, introduce democracy, and rebuild the Iraqi infrastructure without so much as a plan written on the back of a fag packet. This lack of planning for the post-conflict period was one of the most shocking aspects of the Iraq war.

    In conclusion, the Iraq war and its legacy—internecine religious war, some 180 UK troops killed, many casualties, car bombs, suicide bombers, hundreds of thousands of dead Iraqi citizens, millions displaced and instability—reverberates around the region to this day. We can argue about whether this was all linked directly to our intervention in 2003, but I do not think anyone could claim that our intervention in 2003 helped to stabilise Iraq—on the contrary. What we need from the Minister today is reassurances that the UK Government will never, ever again launch into such a reckless adventure on such a flimsy premise, with so little preparation. I wonder whether the Minister will be able to give us that guarantee.