Clause 26 - Suspension and disqualification of practitioners
Health and Social Care Bill
5:15 pm
Mr John Denham (Minister of State, Department of Health; Southampton, Itchen, Labour)
The amendments deal with contingent removals and appeals to the Family Health Service Appeals Authority; they clarify the precise nature of the practitioner's appeal rights. Amendment No. 151 makes it clear that a practitioner can appeal to the FHSAA, against not only the health authority's original decision contingently to remove him but any further health authority decision to vary or change the conditions imposed on the practitioner in pursuance of a contingent removal.
Amendment No. 180, tabled in the names of the hon. Members for Woodspring and for Runnymede and Weybridge, and Government amendment No. 152 are designed clarify that a practitioner would have the right to appeal to the FHSAA against any health authority decision to vary his terms of service in pursuance of a contingent removal. That is an essential safeguard, so I am pleased that it has support from both sides of the Committee. I propose that amendment No. 152 is accepted, which I hope will meet the Opposition's concerns.
Amendments Nos. 153 and 161 clarify the position on the rights of appeal. As we have already discussed, the policy intention is that there should be no right of appeal against the decision to suspend. That will be a statutory, time-limited, neutral act, and we want efforts to be focused on addressing concerns and not on legal process. A right of appeal will be available against a decision to remove or contingently remove. The amendments tighten the drafting of the clause, so that it cannot be read in a way that infers a right to appeal against a decision to suspend.
Amendment 154 provides for the practitioner or health authority concerned to apply to the FHSAA for the conditions of a contingent removal imposed by that body to be varied, replaced or revoked.