Schedule 2 - Independent Regulator of NHS Foundation Trusts
Health and Social Care (Community Health and Standards) Bill
2:30 pm
Mr John Hutton (Minister of State, Department of Health; Barrow and Furness, Labour)
I have absolutely no idea where we finished before lunch. I am sure that we were having a useful discussion; I was on my feet, so that is axiomatic.
The hon. Member for Cheadle (Mrs. Calton) raised the important issue of how to deal with poaching or unfair competition between NHS organisations for staff. The hon. Lady clearly wished to insert a provision in the Bill, although she did not make clear whether this was a probing amendment, that would involve the independent regulator in making decisions on whether there had been a breach of the statutory duty of co-operation. He must do that anyway, as it is his job to ensure that all NHS foundation trusts comply both with the terms of their authorisation and the terms of the statutory provisions that relate to their function. Therefore, the hon. Lady's point is already encompassed in the Bill.
The discussion ranged further, Mr. Atkinson, as to whether it would be appropriate for the independent regulator to vary employment terms and conditions, or for him to impose additional restrictions on NHS foundation trusts when it came to the employment of staff. We do not want to go down either of those two latter roads, as that would not be an appropriate role for the regulator. I hope that Committee members take that view. Such matters are best dealt with by unions, staff and employers. I hope that I have been able to assure the hon. Lady that the valid point she raises is covered by the Bill, and that she will not press her amendment to a Division.