Clause 6 - Terms and conditions of employment by health service bodies
Health and Social Care Bill
6:45 pm
Mr John Denham (Minister of State, Department of Health; Southampton, Itchen, Labour)
As the hon. Gentleman said, the amendments would remove the power to make directions in relation to employment practices but would leave intact the power to make regulations. The core issue is whether there are circumstances in which it would be appropriate or better to use directions rather than regulations.
We are talking about keeping both options open. To give an example, we are working with NHS staff organisations—that is the primary aim of the clause—to design a job evaluation system to ensure that a modernised NHS pay system respects the principles of equal pay for work of equal value. If the design is successful, and the scheme with all its elements is agreed, it will need to be implemented consistently throughout the NHS.
We could use regulations or directions to ensure that all NHS employers use the agreed job evaluation scheme, which is at the heart of the equal pay for equal value system. However, should problems arise over detailed interpretation in particular locations, we may need the flexibility to deal with the matter by direction. We would rather not have to publish enormously detailed regulations that covered every eventuality because we did not have the power to make directions in specific cases.
Governments have long recognised that in the health service there are times when regulations are appropriate and times when directives are appropriate and it is preferable for the Secretary of State to have the flexibility to choose between the two mechanisms, as necessary.