Clause 8 - Amendments of Constitution
Health and Social Care (Community Health and Standards) Bill
8:55 am
Mr Simon Burns (West Chelmsford, Conservative)
I beg to move amendment No. 267, in
clause 8, page 4, line 15, at end insert
'subject to the endorsement of those changes by a vote of the trust's members at which at least 50 per cent. of eligible members cast their ballots.'.
The clause deals with amendments to constitutional foundation trusts once they are up and running, and, as the Bill is currently drafted:
''An NHS foundation trust may make amendments of its constitution with the approval of the regulator.''
The purpose of this amendment, which is in many ways a probing amendment, is to find out the exact purpose of this clause. We want more information, and possibly, in some instances, some comforting words from the Minister. We want to ensure that changes to a constitution can be made only with the approval of the regulator, and subject to the endorsement of those changes by a vote of the trust's members at which at least 50 per cent. of eligible members cast their ballots. That is being suggested to ensure that the members will approve any changes.
The Bill is currently unclear as to how many people would be needed to propose changes to a constitution. Can anyone seek to make changes, and can non-constituents also make changes? I ask those questions—here I refer back to earlier debates on the Bill—because of the possibility, in certain circumstances, of a particular organisation, pressure group or group of constituents having very fixed views on aspects of health care. Might they have the potential to hijack the direction of a foundation trust by changing the constitution to have it dovetail with particular and possibly narrow views?
We are seeking to include in the Bill as broadly based a formula as possible to ensure that changes to a constitution must involve a significant number of board members. That would prevent the hijack of trusts by special interest groups, which everyone on the Committee will agree would be a very unsatisfactory and dangerous situation.