Schedule 1 - Constitution of public benefit corporations
Health and Social Care (Community Health and Standards) Bill
8:55 am
Mr Simon Burns (West Chelmsford, Conservative)
I am grateful to the hon. Gentleman because, if the Under-Secretary confirms that what he has just said is factually correct, I would agree with him that that is a valid point that would have to be looked at. What I have assumed, perhaps erroneously, is that if a corporation were to use agency staff, the contract that the corporation had with the agency for those staff would, to all intents and purposes, be considered to be employment by the trust, albeit through a third party. For that reason I assume that, presuming that the contract was for more than 12 months, those staff would not be caught up by amendment No. 152 in that respect. I would be grateful if the Under-Secretary could confirm whether that is correct.
Can the Under-Secretary provide better particulars on this? If she confirms that our fears are grounded and correct, is she prepared to think again? Ministers, particularly in this Administration, would not wish willingly to disfranchise people simply because of a time scale that is too long. It is important that everyone involved in the provision of health care through a foundation trust feels that they are part of the system and that they are linked into it, to ensure that morale is high and that they are part of a team that is determined to ensure the success of that foundation trust.