Clause 25 - Dissolution etc.
Health and Social Care (Community Health and Standards) Bill
6:45 pm
Mr Simon Burns (West Chelmsford, Conservative)
I beg to move amendment No. 410, in
clause 25, page 10, leave out line 29.
Again, this is a probing amendment, which would remove line 29 so that an order made for dissolution of a foundation trust and the transfer of property or liabilities to a number of named groups or individuals would not include the Secretary of State. I assure the Minister that this is not a vendetta against the Secretary of State. The reason for probing is that the
Bill outlines the measures to be taken to deal with a foundation trust that is failing or when it is necessary to go to the extreme of dissolving a foundation trust, and I am wondering why those properties or liabilities should be transferred to the Secretary of State. It may be logical to transfer them to another foundation trust, a PCT or NHS trust because, presumably, they would then be able to move forward and rectify the failings that led to the dissolution. However, what exactly would the Secretary of State do if those properties or liabilities were transferred to him? When the Minister replies, will he also tell us whether there are any restrictions on what a Secretary of State could do in what I suspect would be extremely rare circumstances, if they ever occurred?