Schedule 7
Health and Social Care Bill
11:00 am
Sandra Gidley (Shadow Minister, Health; Romsey, Liberal Democrat)
I beg to move amendment No. 268, in schedule 7, page 135, line 6, leave out ‘must’ and insert ‘may’.
The schedule inserts a new section into the Medical Act 1983 that provides for the GMC to publish guidance on what are known as indicative sanctions—that is, what sort of sanctions should be applied to the doctor depending on the facts found by the adjudication panel. In addition, the OHPA must take account of the guidance and new section 40A, which is set out in paragraph 11, provides the GMC with powers to refer decisions to the relevant court on certain grounds such as leniency.
Although it is intended that the OHPA will be a separate and independent body with an overall adjudication function, the new provisions I have outlined will allow the GMC to continue to determine the sanctions that should apply in fitness to practise decisions and the OHPA must take account of such guidance in making its determinations. Further, the GMC will be able to challenge decisions by the OHPA panels on a number of grounds. The amendment is an attempt to provide the OHPA with greater independence. The Minister spoke earlier about the need for that, and the fact that it was highlighted by the Shipman case, but it is not clear in the Bill that the OHPA will be as independent as it should be.