Clause 10
Health Bill [Lords]
2:45 pm
Mike O'Brien (Minister of State (Health Services), Department of Health; North Warwickshire, Labour)
Our original proposal was to use the affirmative route on the first occasion and the negative route thereafter. We amended the Bill in the other place to address recommendations by the Select Committee on Delegated Powers and Regulatory Reform that the negative route would suffice in this case. We have responded to that by taking our present position. Of course, we will want to engage extensively with external stakeholders on the design of the rules for quality accounts. We have already heard the views of more than 1,000 interested parties, and we want further consultation when appropriate before bringing things forward.
I do not see that much would be added by using the affirmative route for approving these often detailed regulations and procedures. We need to ensure that the various stakeholders are engaged; if they have concerns, they will doubtless bring them not only to our notice but to that of Opposition Members. The stakeholders will therefore be able to ensure that appropriate discussions are held should regulations prove controversial. However, we envisage that the development of the regulations would not usually be a matter of considerable controversy.
The hon. Gentleman said that we must not create a process under which various organisations can get out of providing quality accounts, and I agree with him. We need to be careful how the exceptions are used. That is why we want to consult on their detail, and when we should use them and when not. We do not want to impose unnecessary burdens on small organisations or small providers of limited services; but we want to be sure that if there is an issue about the quality of service that a patient may receive, there is an opportunity to consider whether quality accounts ought to be delivered. That may well be the outcome of the consultation on the particular providers of equipment that the hon. Gentleman mentioned.
I hope that the hon. Gentleman understands why we took the route that we did in our approach to statutory instruments, which was in response to the suggestions by the Select Committee on Delegated Powers and Regulatory Reform in the other place. We have taken that view on board and responded to it. To some extent, I believe that we deserve credit for having done so.