Clause 69
Health and Social Care Bill
3:30 pm

Photo of Stephen O'Brien

Stephen O'Brien (Shadow Minister, Health; Eddisbury, Conservative)

The amendments would remove from the Secretary of State the decision on the appropriateness of publication, and ensure that Parliament was informed in cases where inquiries are held in private or publication is withheld. It would aid the Committee if the Minister gave examples of when the Secretary of State would direct that an inquiry be held in private, or when publication might be inappropriate. I note that being prejudicial to an ongoing criminal investigation is an example, but in that case, the power should be to delay rather than to prevent publication. Perhaps the Minister will clarify  that, in that case, “delay” might have been a more judicious word than “prevent”, which seeks not to have an out-date, as it were.

There are no checks or balances if the Secretary of State chooses to use the power to suppress inquiries that might carry political unpleasantness. Although I make no aspersions on that count, the issue must be raised, because as a matter of scrutiny in Committee, we should take every opportunity to ensure that we do not leave loopholes of which neither I nor the Minister would be proud.

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