HL Deb 01 April 1976 vol 369 cc1283-4
Lord AVEBURY

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

The Question was as follows:

To ask Her Majesty's Government how many inquiries have been held in each of the years 1973, 1974 and 1975 respectively, under Section 70 of the National Health Service Act 1946.

Lord WELLS-PESTELL

My Lords, one such inquiry was held in 1973 and none in 1974 or 1975.

Lord AVEBURY

My Lords, could the Minister tell me whether the reason why Section 70 has been so sparingly used is that normally when informal inquiries are held under the Department of Health and Social Security, doctors are prepared to come forward and testify and produce any evidence that is required of them? Bearing in mind the circumstances of a recent case in which the doctors and other professionals involved refused to testify, does the Minister not consider that it is essential to invoke the powers of Section 70, as otherwise a precedent will have been created encouraging doctors at all future informal inquiries to refuse to give evidence?

Lord WELLS-PESTELL

My Lords, as I understand Section 70, before it should be invoked—I am not saying "could" be invoked—the Secretary of State should be satisfied that there has been a major breakdown in the hospital services. The noble Lord referred to inquiries; there were 18 inquiries in 1973 and nine in 1974. But to come back to the matter which I think the noble Lord has in mind, the doctors were given certain advice by the Medical Defence Union. The House will be interested to know that my right honourable friend the Secretary of State for Social Services has given very careful and urgent consideration to this matter and has today instructed officials of her Department to get in touch and have discussions with the Medical Defence Union to see whether there can be some different outcome. I hope that, for very obvious reasons, I shall not be pressed further on this matter.

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