| Armed Forces (Pensions and Compensation) Bill
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Mr. Colin Breed (South-East Cornwall) (LD): I, too, thank the Minister for responding so positively to the request to provide the leaflet, which I have been able to look through briefly. Bearing in mind the importance of the whole scheme, there is not what in financial services would normally be called a health warning on the front—there is no indication of the importance of seeking professional advice before making a decision. The leaflet suggests that more detailed material will be made available to assist with the decision, but, somewhere on the form, the importance of that decision should be made much clearer. I suggest that we should make it clear that people are recommended to take professional advice before making that decision. On medical records, many of us have had cases in which we were aware of perhaps less than full co-operation in getting the available information. I preface these remarks by saying that I am assuming that medical personnel in the armed forces are subject to the same regulations in respect of the General Medical Council. The GMC, in giving its registration to all qualified medical professionals, has recently laid down not guidelines, but clear requirements. I do not know whether the Minister or his officials can confirm whether all qualified medical personnel in the armed forces are required to follow the GMC's regulations as part of their registration. If they are, those regulations, which have recently been tightened significantly, would provide even more reinforcement than has been suggested is needed, both on patient access to records and the clarifying—indeed, the ownership—of those records. The regulations go on to such things as the completeness of records and whether they are comprehensible. Column Number: 228 I do not know whether many hon. Members have tried to read any medical records other than their own, but they have a language and style all of their own. The GMC has made it clear that that has to stop and that medical records must be comprehensible to patients, who now have access to them. The use of a significant amount of shorthand—a number of initials, which are almost a code—is unacceptable. I hope that the medical records that are being completed and compiled in the armed forces comply with the GMC's requirements. Legibility is another issue. Doctors and medical people are notorious for having illegible handwriting, but that is now not acceptable. There have already been a number of cases in which doctors have been reprimanded because of the state of the records that were made available to the GMC so that it could reach conclusions. I am sure that the Minister and other Members will be aware that doctors are in the process of computerising their records generally. I hope that that computerisation takes place in the armed forces, too, and that the system will be compatible with that in the outside world. Notwithstanding those acknowledged members of the armed forces who require those records to take up cases, there is also the matter of all those who will go on to live a life after leaving the services. They will not necessarily be taking up cases, but they will nevertheless require those medical records to be complete and understandable so that they can be passed to their GP after their service. I do not know whether people will be given the records or certified copies, but in any case there needs to be a clear and timely system to ensure a smooth transition of armed forces records to the GP, or indeed any other doctor to whom the person involved might wish to pass them. This is an important aspect of how medical records are dealt with, not least because they may be required for compensation cases and pensions. If a person comes out of the forces in his 40s, there may be a significant period over which he would want his records to be maintained external to the forces. I hope that the Minister can explain exactly how the scheme works currently and how it will work in future. I hope he can also confirm that the medical personnel in the armed forces will comply with GMC requirements.
9.15 amThe Parliamentary Under-Secretary of State for Defence (Mr. Ivor Caplin"8,1>): I welcome you to the Chair, Mr. Griffiths, on what I hope will be our last sitting—we can but hope. First, I thank the hon. Members for Aldershot (Mr. Howarth) and for South-East Cornwall (Mr. Breed) for their thanks for the leaflet that I provided. I should say to the latter that it was an information leaflet, and so did not come under the Financial Services and Markets Act 2000; if it had, it would have required legal writing on it. That Act will apply when we provide more detailed information. On Tuesday, I described the pack that was sent out, ''Pension Choices for the Civil Service''. Unfortunately, the two packs that I have with me Column Number: 229 are owned by the two civil servants present this morning, so I am afraid the Committee will have to rely on a copy. I shall ensure that, before the matter returns to the Floor of the House, members of this Committee and of the Select Committee have copies of the information.On the question asked by the hon. Member for South-East Cornwall, the answer is yes, our Defence Medical Services doctors accord with the regulations of the General Medical Council. I am surprised to see new clauses on medical records. New clause 15 states:
The hon. Member for Aldershot made it clear in his opening remarks that claimants already have that right. There is no need for the new clause because the Data Protection Act 1998 makes it clear that individual service personnel already have a right of access to their complete medical records. That will remain the case, and is not changed in any way by the pension and compensation arrangements that we propose in the Bill. I draw hon. Members' attention to paragraph 72 of the Select Committee's report and paragraph 17 of the Government's response in Cm 6109. I made it clear during the oral evidence session that if there was any failure in record keeping the responsibility would lie with the Ministry of Defence. I gave that commitment to the House at the Select Committee session on 5 November, and it still stands. The hon. Member for Aldershot asked about record keeping. Our record keeping was poor in the early 1990s, but it has been improving ever since. We now have accurate records to deal with the medical issues that are raised, and we will have a new computerised system by the end of 2005. We will update our medical record keeping system over the next 18 months. The new system will undoubtedly help and support claims under the compensation scheme arrangements. We retain medical records for 100 years. The Cabinet recommendation is 72 years, but the MOD retains them for 100 years where necessary. That recognises the importance of medical records and answers questions about whether they should be retained. Looking around the Room at those who have been in our armed forces, I think that 100 years is more than enough. I am not sure that new clause 14 would add anything to the Bill. I hope that during this short debate on medical records I have made our commitments clear to hon. Members. I cannot deal with the individual cases that the hon. Member for Aldershot has raised; I did not know that I was coming to a constituency advice surgery this morning. If he wants us to examine those cases, we would be more than happy to do so as part of the usual routine of dealing with Members' correspondence. Column Number: 230 I hope that, as we have had this short debate on medical records, and as some of the commitments have been made clear to him, the hon. Gentleman will not insist on the two new clauses, as they are unnecessary. Mr. Howarth: The purpose of drawing the Minister's and the Committee's attention to the two cases was not to raise constituency surgery matters. The case of my constituent, Mr. Wallace, has been resolved by my intervention. The Chairman: Hear, hear. Mr. Howarth: Thank you, Mr. Griffiths. I noted your, ''Hear, hear.'' In case the people from Hansard had not observed it, it was most kind of you to pay me that small tribute. Mr. Caplin: I join you, Mr. Griffiths, and congratulate the hon. Member for Aldershot on achieving that notorious success for one of his constituents. Mr. Howarth: I am covered in embarrassment. Mr. Andrew Robathan (Blaby) (Con): I can see a headline in the Aldershot News coming up. Mr. Howarth: I do not so much see a headline in the Aldershot News as a useful quotation in the forthcoming manifesto at the next general election—Minister praises Member of Parliament. However I am not sure that would wholly achieve the desired effect. The purpose of my contribution was not to argue a constituency case or to prove how successful I am at winning cases for my constituents. It was to make the point that there is a contrast between what the Government have rightly asserted in the framework document—which we would all subscriber to as a noble aspiration—and the practical experience that I have brought, and that hon. Members from all parties could bring, to the Committee. It is the volume of evidence that the practice does not square with the Minister's aspirations that has caused us concern. The Minister says that the Select Committee raised those concerns and that an assurance was given—and that this was confirmed in his oral evidence and in the Government's response to the report, to which he referred—that where there is
Good man though the Minister is—he might be able to use that in his party's manifesto—it is not going to inspire confidence in our armed forces, who might be involved in those claims, that they must simply rely on a Minister's assurance given in Committee. That is why our suggestion ought to be in the Bill. I note that the 100 years is probably an improvement on the wording that I proposed. However I have always been pragmatic about such matters and have accepted that my draftsmanship, and that of my advisers, might not necessarily have been up to the standard of parliamentary counsel. Nevertheless, the principle applies and I am sure that the Government could amend my proposal in a suitable way. Column Number: 231 The issue of access is addressed in new clause 15. The Minister sought to assure us by saying that he would have a new system up and running by the end of 2005. However, on Tuesday he was unwilling—wisely, as I said at the time—to give an assurance that other new systems would be up and running by a certain time; in this case he is offering a hostage to fortune. Again, I am not sure that such an assurance, given the Government's record on IT systems generally, will inspire the confidence that it is our duty to instil in our armed forces.
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