Clause 79
Health and Social Care Bill
3:45 pm

Photo of Ben Bradshaw

Ben Bradshaw (Minister of State (Health Services; Minister for the South West), Department of Health; Exeter, Labour)

I accept that it is important that there are safeguards in place to ensure that the fee levels set are reasonable and proportionate; I also accept that that is the aim of this amendment. However, we believe that there are already a number of safeguards in place in the clause. For example, although the commission will be able to choose what approach it takes to charging fees, which I think is absolutely right—we are keen to ensure that the commission remains independent—those fees will need to be approved by the Secretary of State. The commission will also have to consult before making provision about fees. The Secretary of State may also make regulations to provide for matters that the commission should take  into account when setting the fees. Finally, the clause allows the Secretary of State to create regulations making alternative provision about fees to replace that made by the commission in the unlikely scenario that we think that the commission has exercised, or is proposing to exercise, its power inappropriately. Given all those safeguards, I hope that the hon. Gentleman may acknowledge that the amendment is not necessary.

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