Clause 46 - Care Trusts where directedpartnership arrangements
Health and Social Care Bill
12:15 pm
Mr Paul Burstow (Sutton and Cheam, Liberal Democrat)
I have just a couple of questions to add to those of the right hon. Gentleman. The briefing note that has been circulated quite rightly says:
``The Secretary of State will need a good reason to recommend the formation of a care trust or a flexibility. What is important is that the intervention power is evenly balanced.''
The right hon. Gentleman's amendment would set out in the Bill a procedure whereby the Minister will have to operate in an open and transparent way in setting out the grounds on which a failure is identified and what that failure is. It would provide an important safeguard in the exercise of the Secretary of State's power. I hope that the Minister will accept the amendment or something similar and recognise that transferring a service into a care trust or a flexibility ought not to resemble the use of a sledgehammer to crack a nut. If a particular service is failing, there might be a case for some of the measures contained in clause 46, but no need to transfer all the other services that may well be part of that local authority's social services department. It would be useful to have some clarity about how this power will be used.
Perhaps the Minister could also add a little detail to the reference in paragraph 36 of the briefing note to the proposal to have an arbitrator who could be brought in to determine the appropriate level of delegated functions. Who would be the arbitrator? Who would appoint him or her? What mechanisms will be in place to ensure that the local authority and the health service are satisfied with that? How will that person will be appointed? Those are important questions in understanding how the power under clause 46 will be used. I hope that the Minister will be able to give us some reassurances that the underlying methodology and the practice will be open, transparent and able to be checked by all involved.