Clause 2
Health Bill [Lords]
4:00 pm
Stephen O'Brien (Shadow Minister, Health; Eddisbury, Conservative)
I am grateful to the Minister. He has tried to explain why the handbook is effectively a subsidiary operational document rather than a framework, strategic and standard document. I am also grateful for the support of the hon. Member for Romsey.
One thing that is easily recognised is that the Minister’s explanation is consonant with that of Lord Darzi, who said in his speech on the provisions in the other place that the handbook is “the explanatory guide”, which is exactly where the Minister arrived in the end after saying that it was not guidance or guidelines, to be used by patients, the public and staff. He went on to say:
“Similarly, the Secretary of State has the power to make minor and technical revisions to the handbook at any time in line with changes in departmental policy or law.”—[Official Report, House of Lords, 26 February 2009; Vol. 708, c. GC151.]
As I had seen that reference by Lord Darzi, I was concerned that due to changes to the law, there might have been a reference to say that that had legal effect. The Minister confirmed the negative just now—it is not intended for the handbook to have legal effect. The fact that we have had this exchange on the record is helpful.
Lord Darzi went on to say:
“We do not think that it would be proportionate to have to consult on such changes, and I think that most noble Lords agree. However, any significant changes to policy or law that affect the handbook are in themselves likely to trigger consultation requirements.”—[Official Report, House of Lords, 26 February 2009; Vol. 708, c. GC155.]
Patently, he must have had in his mind that consequential changes would come into the handbook as a result of changes to the law. I wanted to make sure that, given the way that it has been expressed in the other place, we do not have any confusion in the record that could have any potential legal effect. Unless I misinterpreted the Minister—I think that I have understood him accurately—it does not currently have legal effect and is not intended to do so. He has not intervened to correct me, and so, for the record, that has been cleared up. Therefore, I do not need to press the point. I beg to ask leave to withdraw the amendment.