Access to Medical Reports Bill (Hansard, 23 June 1988)

§ The Earl of Arran
My Lords, in Committee one or two points were made which suggested that the Bill as drafted could be further improved. I am most grateful to the noble Lord, Lord Tordoff, for his willingness yet again to consider these points. As a result, the amendments which have been put down for Third Reading meet with the Government's approval.
Your Lordships will recall the point made by the noble Lord, Lord Prys-Davies, that the Bill as drafted could make life difficult for a general practitioner who needed information from another doctor. Some ambiguity was felt to exist to the extent that a strict interpretation of the Bill as drafted could mean that communications between doctors were caught within the provisions of the Bill. Therefore, the amendments to Clause 2 make clear that it is only the report prepared by the medical practitioner for the employer or insurer which is covered by the Bill.
Concern was also expressed about the practical arrangements by which an individual should apply for access to a report prepared by a medical practitioner. The amendments to Clause 4 improve the drafting of the Bill so as to make it clear that an individual wishing access to a medical report should ensure that the practitioner receives notice of that intention within 21 days. This is an improvement to the earlier proposition that it would be sufficient simply for the individual to have taken steps to make such arrangements within 21 days. I feel that the redrafting of the clause is much clearer and commend it to your Lordships.
The other minor amendments are of a technical nature. I wish to pay tribute to the noble Lord, Lord Tordoff, for his skill in steering the Bill through your Lordships' House. He and his advisers have at times been more than patient in having to consider some complex drafting improvements. The result is that the Bill is now considered satisfactory to reach the statute book, and we do not seek to oppose it. I commend the amendments to the House.

§ Lord Tordoff
My Lords, I beg to move that the Bill do now pass. In doing so perhaps I may thank the noble Earl, Lord Arran, for his kind words. I thank those who have contributed to the short debates on the Bill. I am particularly grateful for the fact that although the Government have maintained their neutrality on the Bill throughout they have been most helpful in giving advice to my advisers. I am extremely grateful to Mr. Maurice Frankel, of the Campaign for Freedom of Information, who has spent a good deal of time working on the Bill.
The Bill originally started in another place with my honourable friend Mr. Archy Kirkwood who was fortunate enough to win a place in the ballot for a second year running. I hope that his luck continues and that we can come back next year with even more Bills dealing with freedom of information. One would have liked an access to medical records Bill. We may get to that one of these days; meanwhile discussions are taking place with the medical profession and with others. I commend this modest measure to the House.

§ Lord Ponsonby of Shulbrede
My Lords, we on these Benches also wish to congratulate the noble Lord, Lord Tordoff, on so skilfully piloting this Bill through the House. Indeed, we are very pleased to see the noble Lord here today.