Key Facts

• Amendment 86 aims to define more closely what constitutes 'protected material'.
• Amendment 87 is consequential on Amendment 86.
• Amendment 91 would remove the provision allowing coroners to require disclosure of protected material.
• Amendment 136 proposes giving the Chief Investigator discretion to disclose information about investigations to patients or families, provided it remains confidential.
• Amendments 86, 91, and 88 are discussed.
• HSSIB is based on principles similar to those of the air accidents investigation branch.
• Protected materials would be narrowly defined under amendment 86.
• Amendment 88 removes potential for Secretary of State to expand disclosure exceptions later.
• Amendment 91 seeks to remove coroners from the list of authorised persons who can access safe space materials.
• Amendments 86 and 87 aim to create a new definition of protected material.
• Clause 106 prohibits the disclosure of protected material but allows the Secretary of State to make regulations changing this.
• Amendment 91 seeks to prevent coroners from accessing protected materials in HSSIB investigations.
• The Healthcare Safety Investigation Branch (HSSIB) opposes allowing coroners routine access to protected material.
• Amendment 136 proposes limited sharing of information with patients or families involved in incidents, at the discretion of the chief investigator.
• The debate addresses clauses 106-109, 117, and schedule 14 of the Health and Care Bill.
• Information provided to HSSIB will be protected save in very limited circumstances.
• Current investigation branch operates under a weakened form of safe space.
• Non-compliance with safe space protections may result in criminal sanctions.
• The Bill sets out a statutory safe space to ensure candid communication in healthcare.
• Clause 106 is described as the cornerstone of the safe space proposal.
• Amendments 86 and 87 aim to detail types of protected material but are opposed by the minister due to potential future-proofing concerns.
• The Venice Commission set out its conclusions a week ago after informal meetings with officials.
• Clause 110 outlines co-operation arrangements among organisations like HSSIB and the Parliamentary and Health Service Ombudsman (PHSO).
• Schedule 14 sets legal tests for disclosing protected material to other bodies or individuals.
• The new body, HSSIB, is expected to carry out about 30 investigations a year.
• Coroners are judicial office holders with specific provisions under the Coroners and Justice Act 2009 allowing access to protected information.
• Coroners are independent judicial positions responsible for determining the circumstances of a death.
• Clause 107 allows regulatory changes to be made later, potentially affecting safe space protections.
• The High Court will have the power to order disclosure if it deems necessary.
• The minister acknowledges that amendment 136 aims to ensure patients and families are not excluded from investigations or receive relevant information.
• Clause 99 of the Bill outlines processes for HSSIB to share draft reports with anyone it believes should have access, including patients and family members during the draft stage.
• The regulation-making power in clause 107 allows the Secretary of State to add additional circumstances when safe space does not apply through regulations.
• Clause 108 creates three offences for unlawful disclosure by HSSIB and connected individuals.
• Clause 109 prohibits other legislation from requiring or seizing HSSIB's protected material.
• Exceptions exist under the Coroners and Justice Act 2009, respecting devolution settlements.
• Clauses address HSSIB’s relationships with other bodies including devolved Administrations.
• Clause 110 requires cooperation between listed bodies such as CQC, NHS England, and the commissioner for patient safety during investigations of related incidents.
• Clause 111 mandates HSSIB to provide assistance requested by relevant NHS bodies, covering trusts, foundation trusts, NHS England, and integrated care boards.
• The Medicines and Healthcare products Regulatory Agency and National Institute for Health and Care Excellence are not listed as bodies on the initial list but can still co-operate with HSSIB.
• The Welsh Government requested powers allowing them to request HSSIB involvement, reflecting their view that this could add value in Wales.
• Conversations between UK and Welsh Governments have begun regarding practical matters like fee arrangements, but detailed answers are pending.
• Clause 113 enables the Secretary of State to direct HSSIB in case of significant failure.
• Directions made by the Secretary of State will not influence the outcome of any HSSIB investigation.
• Clause 114 requires a review report on HSSIB's effectiveness within four years.
• Clause 113 grants extensive powers to the Secretary of State over HSSIB.
• The power allows the Secretary of State to interfere with HSSIB at any time and undertake its functions directly or indirectly.
• A report reviewing HSSIB must be laid before Parliament within four years of the Bill's passage.
• Powers over HSSIB can only be exercised if there is 'significant failure'.
• Public law principles like reasonableness and proportionality apply.
• A formal report will be presented after four years to assess HSSIB's performance.
• Clause 115 makes company officers liable for offences committed with their consent, involvement or due to neglect.
• Clause 116 holds partners in a partnership accountable for offences similar to how officers are held responsible under clause 115.
• Schedule 15 ensures HSSIB is referenced and complies with relevant legislation.