Schedule 1

Part of Health and Social Care Bill – in a Public Bill Committee at 2:45 pm on 10 January 2008.

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Photo of Ben Bradshaw Ben Bradshaw Minister of State (Regional Affairs) (South West), The Minister of State, Department of Health 2:45, 10 January 2008

The point is well made, but rather than being prescriptive personally—I have already sought advice from my officials because I would like the answer to this question myself—if at the same time we are stressing the importance of the independence of the Appointments Commission, it would be inappropriate for me as a Minister to intervene or prescribe in that way. However, we are making it clear in the Bill that we expect the new Care Quality Commission to fulfil the statutory functions of the existing regulators. It is inconceivable that the commission will not take great care in ensuring that it appoints a board whose balance reflects an ability to fulfil those statutory functions and the human rights requirements that the amendment refers to, which I would like to come to now.

Without repeating too much of what I said in response to the previous set of amendments tabled by Conservative Members, we already make it clear in clause 2 that the commission must, in everything that it does, pay particular heed to safeguarding the rights and welfare of vulnerable people. As a public body, the commission will be subject to the Human Rights Act and will have to carry out its functions in a way that is compatible with that Act. It will be able to look at the performance of providers against registration requirements that follow the spirit of the European convention on human rights. Providers that fail to protect the dignity and human rights of individuals in their care will be liable to the appropriate enforcement action, which could include prosecution or the cancellation of registration.

Amendments Nos. 131 and 133 would establish particular roles within the structure of the new Care Quality Commission, each with the responsibility for human rights issues specifically. Our view is that we should not be over-prescriptive regarding the make-up of the board, and the board should not be made up of delegates. We fear that other groups would then claim that their voices have as much right to be heard—consumers, professionals being regulated, for example—as those set  out in the amendment as “human rights” specialists. In her questioning of the previous amendments, the hon. Member for Romsey alluded to the fact that in some cases, having a specialist board appointment could lead to a silo mentality or ghettoisation of a particular issue, and serve to prevent that issue from being integrated properly into every aspect of the board’s—and, indeed, the organisation’s—work and culture. As I said earlier, there is nothing to prevent the board from appointing expert advisers to give it specific advice where it needs additional expertise.

Also, there is a requirement in the Bill for the commission to establish an advisory group and other committees that it sees fit. There is tangible protection for all interests served by the commission in its public accountabilities. It is required to report annually to Parliament, its accounts will be independently audited, and it will be dealing with high-profile and intractable issues that will keep it very much in the public eye. Therefore, we believe it right that the new organisation itself establish its structures and the split of board-level responsibilities. We believe it better to give it the freedom and powers to do so, rather than imposing something separately.

In response to the question from the hon. Member for Tiverton and Honiton, I am advised that the Secretary of State delegates all the functions to which the hon. Lady refers to the Appointments Commission. Technically, the Secretary of State could take them back and intervene, but we are not aware of that ever having happened. For the reasons that I have outlined, I hope that the Members concerned will withdraw their amendments.