Clause 7 - Functions of overview and scrutiny committees
Health and Social Care Bill
12:45 pm
Mr John Denham (Minister of State, Department of Health; Southampton, Itchen, Labour)
I may be wrong, but I shall assume that the amendments are probing amendments, designed to elicit assurances that there will be regulations and consultation on them with parties such as the Local Government Association and the NHS Confederation. Regulations will need to be in place before the overview and scrutiny committees can assume their functions. The regulations will be subject to scrutiny through the negative resolution procedure.
The process will be important. The scope of the powers of the scrutiny committee to consider, for example, major hospital reconfigurations, major service changes and so on will be set out in the regulations. Members of the Committee will be aware that some of the rights that CHCs enjoy derive not from primary legislation or regulation, but from a combination of guidance and judicial precedent. When moving to the new system, we clearly need to outline the appropriate powers for the scrutiny committee, so it will be necessary to raise issues on which we especially want to ensure that the committee plays an effective role.
The hon. Member for Sutton and Cheam mentioned health inequalities. We would want to consult on whether there would be an advantage in specifying the health improvement programme and its implementation as a key area for the scrutiny committee to examine. That is a way in which, through the regulations, it would be possible to institutionalise a focus for some of the issues with which he is concerned.
The matter is not for today. Regulations will be made, and we will consult.