Clause 24 - Powers and duties of the Council: general
NHS Reform and Health Care Professions Bill
4:45 pm
Mr John Hutton (Minister of State, Department of Health; Barrow and Furness, Labour)
The issue is dealt with in other clauses in terms of the meaning of final decisions, and the council's ability to exercise its right of appeal to the High Court in cases where an unduly lenient decision has been taken. The hon. Gentleman's point is an interesting one and I understand it entirely. In an effort to avoid deciding on a difficult case, proceedings might not be instigated at all. That could raise different subsidiary issues about the work of that regulatory body, which the council itself might want to initiate. However, we are discussing the public interest right of appeal in clause 27 and how it is supposed to be triggered. It is based on an unduly lenient decision of the regulatory body itself. The council might have to consider an alternative route for dealing with such issues, rather than using clause 27 to exercise its right of appeal against unduly lenient decisions.
The hon. Gentleman has raised a fair point about the regulatory body's deciding not to initiate a process. In that event, the matter would have to be dealt with in the first instance by the regulatory body itself. Any suggestion of a deliberate attempt to circumvent natural justice or proper public safety and scrutiny would be a matter of serious concern that the council would want to raise with the regulatory body. I ask the hon. Gentleman to give me time to reflect. In clearing up the inconsistency between clauses 24 and 27, it is certainly not the Government's intention to create a further loophole that would subvert the provision of better public confidence in professionally led self-regulation.