Clause16 - entry and inspection of premises
NHS Reform & Health Care Professions Bill
9:30 am
Dr Evan Harris (Oxford West and Abingdon, Liberal Democrat)
The amendments relate to the powers that the Bill will give to patients forums. Amendment No. 209 seeks to replace the word ''may'' with ''shall'' because entry and inspection is a critical function of any regime through which patients and community representatives carry out their tasks. However well-meaning the Secretary of State's intentions, it seems reasonable to require him to issue regulations on the entry and inspection of premises by patients forums, rather than leaving the matter to his discretion. Heaven forfend, as the Under-Secretary might say, but the current Secretary of State may not hold that post for ever; some might question whether he holds that post now in respect of certain health service functions. Regulations must also be made to clarify the way in which the clause's provisions will be implemented, and the amendment seeks to establish whether the Department will consult all relevant stakeholders when drafting regulations.
Amendment No. 210 concerns the powers of patients forums to inspect delivery of NHS care in prison premises where there are joint working arrangements, as identified in clause 21. In a previous sitting, the Under-Secretary said that we might discuss some of these matters when we considered clause 21, and I am happy to leave that to her discretion. However, it would be useful if she explained now whether the clause as drafted would enable such inspections.
By definition, it is difficult to discover what is going on in prisons. Such isolation has given rise to current concerns about the level of prison health care, although it should be said that those concerns are not necessarily a reflection on prison medical officers. The isolated nature of the delivery of prison health care is a critical factor in terms of quality. Opening up the environment in which NHS care is delivered in prisons would not only improve accountability and openness, but raise quality.
Amendment No. 211, which makes reference to section 23(6) of the Health Act 1999, is a probing amendment that is intended to establish whether privately owned establishments such as nursing homes and others in which NHS care is provided will be open to inspection. Does the Under-Secretary think that the Bill's current definition of the word ''premises'' will enable the widest possible coverage?