Clause 41 - Standards set by Secretary of State
Health and Social Care (Community Health and Standards) Bill
8:55 am
Mr David Lammy (Parliamentary Secretary, Department of Health; Tottenham, Labour)
There are already different arrangements for England and Wales. The old health authorities still operate in Wales. I have explained that the NSFs in Wales are different. The hon. Gentleman makes an interesting point, but he should perhaps have made it a few years ago. Things have moved on, and there are already different arrangements in Wales. That is why the amendment does not get us far at all.
Under clause 43, CHAI will be under a duty to provide information and advice to the appropriate authority about the provision of health care in Wales, as may be requested. The Bill provides that the Assembly and CHAI must co-operate with each other where it seems appropriate to them to do so for the efficient and effective discharge of any relevant function, but it would not be proper for CHAI alone, unless under agreement with the National Assembly for Wales, to undertake those reviews. That is the duty of co-operation that I referred to.
The National Assembly for Wales has already announced its intention to establish a health inspectorate for Wales to exercise the Assembly's functions.
That will ensure that there is a strong focus on defined Welsh health priorities and that performance quality and regulation issues are fully and rigorously addressed. It will be for the Assembly and the Welsh
inspectorate to best determine the annual inspection regime. Reviews and inspections undertaken by the Welsh inspectorate will be carried out using the joint review for social services model, including the Audit Commission for Wales. Effectively, the two inspectorates will examine two separate health services. That arises as a result of the devolution settlement.
I remind the hon. Member for Epsom and Ewell that, under section 1 of the NHS Act 1977, the Secretary of State has responsibility for providing a comprehensive health service. However, by virtue of section 22 of the Government of Wales Act 1998, by council order the functions for providing a comprehensive health service for Wales pass to the Welsh Assembly. That must be the right place for that.
My hon. Friend the Member for Cardiff, Central (Mr. Jon Owen Jones) raised an important point about cross-border inspections in towns such as Shrewsbury, Chester and others. Welsh people use hospitals and medical services on the English side and vice versa. The duty of co-operation means that the English and Welsh inspectorates may establish protocols and carry out studies of issues that are pertinent to those hospitals. However, the relevant inspectorate must conduct the study and work in co-operation with colleagues across the border.