Schedule 1
Health Bill [Lords]
11:15 am
Mike O'Brien (Minister of State (Health Services), Department of Health; North Warwickshire, Labour)
We do need to develop regulations to set up the pilots. It is likely that these would have to be amended in light of the review of the pilots if a decision is made to roll out direct payments nationally. We would expect to hold a public consultation on draft regulations for the normal 12-week period. It is our intention to control direct payments with the regulation-making power and that these should be subject to the negative resolution process. I reassure the Committee that it is our intention to use the affirmative resolution procedure for any order either extending direct payments nationally or abolishing the power to grant them. The big issue would come back to the House through the affirmative resolution procedure. If any decision is made to abolish direct payments or to extend them nationally, that would be via the affirmative resolution. As that would be a significant decision for the NHS, we think it is vital that before an order is made it should be approved after a proper discussion in both Houses. We think that many of the rules would be very detailed and although we want to give discretion in the way direct payments are piloted, we do not want to have a level of unnecessary pedantry involved in looking at the detail of what could be mundane rules. Applying the affirmative resolution procedure to all of that would be quite likely to clog up this place for a significant period of time.
With the assurance that any large-scale decision about national roll-out or not proceeding with direct payments would come back under the affirmative resolution procedure, but the detailed regulations would be subjected to a negative resolution procedure after a 12-week consultation with the relevant stakeholders, I hope the hon. Gentleman feels that amendment 140 can be withdrawn.