Clause 2
Health and Social Care Bill
10:45 am
Greg Mulholland (Shadow Minister, Health; Leeds North West, Liberal Democrat)
There is concern about the clause, as I am sure that the Minster will accept, and about the fact that it appears to some, including Opposition Members in the Committee, to diminish the independence of the Care Quality Commission, when compared to the current situation with the three regulators. That is the key point, and the Minister needs to justify why we are moving away from the current situation, which is generally regarded as working well and where the three current regulators are clearly recognised as independent of the Secretary of State and the Department of Health.
The Minister will also recognise that to have the genuine confidence of Members in the House, the medical profession and, most importantly, patients and the general public, the new Care Quality Commission must be seen as a truly independent regulator. That is what we want to hear in this debate because, as he is aware, people feel that we are moving towards a system of having more of an arm’s length regulator.
There is a lot of concern about the word “direct”, and that is the substance of the debate on amendment No. 4. “Direct” is a prescriptive word and, certainly among Members on the Opposition Benches in the Committee, causes some concern. What does “direct” mean? What powers does it give the Secretary of State? Will there be a situation in which the work of the Care Quality Commission can be affected, directly or indirectly, by Ministers or Department officials? It seems sensible for clause 2 to lay out the clear functions, powers and role of the new Care Quality Commission, and to enshrine the clear independence of the new body that is essential to its working. The Minister must do a convincing job. Opposition Members are minded to support the amendment, and we look forward to hearing what the Minister has to say.