Clause 5
Health Bill [Lords]
6:00 pm
Mike O'Brien (Minister of State (Health Services), Department of Health; North Warwickshire, Labour)
There is no need to place a duty on the Secretary of State to make available, review and update the statement of accountability because the Government are already committed to it. Principle 7 reads:
“The system of responsibility and accountability for taking decisions in the NHS should be transparent and clear to the public, patients and staff. The Government will ensure that there is always a clear and up-to-date statement of NHS accountability for this purpose.”
The seven principles in the constitution, including that one, cannot be changed except by regulations laid before Parliament. Therefore, no Government can renege, without parliamentary approval, on the commitment to keep the up-to-date statement of accountability. That provides ample clarification. It would be unhelpful in terms of timeline to insert into the Bill when the statement of accountability needs to be reviewed, since it describes the structure of the NHS, which might not change at all in any three-year period, or conversely might change sooner. Flexibility is needed to keep the statement up to date and so keep it useful for the audience with which it is supposed to engage.
The answer to the hon. Gentleman’s key concern is that the issue is covered by principle 7. The three-year period would just add unnecessary bureaucracy. Why, if the statement of accountability has been reviewed after two years and nine months, review it again after three years? It does not make sense. There is an obligation; it is required to be constantly updated and that is the best way to deal with it.