Schedule 2 - Independent Regulator of NHS Foundation Trusts
Health and Social Care(Community Health and Standards) Bill
11:00 am
Mr Chris Grayling (Epsom and Ewell, Conservative)
This is a simple set of amendments. Amendment No. 238 would amend paragraph 6(1) to schedule 2, which states that:
''As soon as possible after the end of each financial year, the regulator must prepare an annual report on how he has exercised his functions during the year.''
The purpose of the amendment is to set a time guide for the regulator to prepare his report. However, if the Government suggested a period other than 12 weeks, we would be receptive to it. We do not believe that the regulator's obligation should be left open-ended; ''as soon as possible'' is a very loose phrase. We hope that Ministers will be slightly tighter in drafting the Bill and will set out a specific time. This is a probing amendment to explore whether Ministers are willing to place such a time stipulation in the Bill. If they are not, perhaps they will tell the Committee what time guidance they are prepared to give to the regulator on the delivery of his report.
Amendment No. 74 is designed—I am glad to see that the Government have accepted the principle in their amendment No. 158—to ensure that the report is laid before Parliament before it goes to the Secretary of State. The duty of the regulator is not solely to the Secretary of State; it is also to Parliament. That is tremendously important. My hon. Friend the Member for West Chelmsford set out clearly why we believe the regulator should not be subject to undue control from the Secretary of State. The amendment would provide a small, but symbolic, statement that the regulator should be accountable to Parliament above the Secretary of State.
Having read Government amendment No. 158 carefully, we are happy to accept it, as it achieves what we want to do. It allows the Secretary of State to receive a copy of the report, and I have no desire to deprive him or her of that right. I welcome the change and am happy to accept the Government amendment.
Are Ministers prepared to put a time limit in the Bill? I applaud their responsiveness on the matter of submitting the regulator's report to Parliament, but I await their response.