Schedule 1 - Constitution of public benefit corporations
Health and Social Care (Community Health and Standards) Bill
2:45 pm

Photo of Mr Chris Grayling

Mr Chris Grayling (Epsom and Ewell, Conservative)

That intervention was unoriginal, not amusing and unworthy of response.

There is no possible reason for imposing conditions that are out of line with those of our electoral system. I shall certainly be asking hon. Members to send the Government back to the drawing board, and I intend to press this amendment to a Division.

I have profound concerns about schedule 1, paragraph 5(3), which states:

''The constitution may make further provision as to the circumstances in which a person may not be a member.''

We either create an entitlement to vote or we do not. We do not want different parts of the country having different entitlements to vote, with different rules applying to people in different areas on whether they may or may not vote for their hospital trusts. If we are electing the same kind of bodies across England, surely the electoral system should be the same everywhere. That being the case, it makes no sense whatever to create different exclusions based on the decisions of governing bodies of different hospital trusts.

I am minded to oppose this measure as well. However, I should like to give the Under-Secretary a chance to explain it and say how she thinks a governing body of an NHS foundation trust might use this provision. What might such exceptions be?

Why should there be a difference between trusts on how people are permitted, or not, to be a member?

Before we endorse this paragraph, we need to understand whether there is a sound basis for it or whether it is one of those vague additions that are often included in Bills such as this. It is more likely to create difficulties and muddy waters than give clarity and coherence to the system that is being set up to govern foundation trusts. Will the Under-Secretary explain, justify and rationalise the £1 charge? Does she accept the nonsense that is set out in paragraph 5(2)? Will she explain why we need sub-paragraph (3) and for what it will be used?

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