Clause 19
Health Bill [Lords]
12:30 pm
Mike O'Brien (Minister of State (Health Services), Department of Health; North Warwickshire, Labour)
As for suspension, we would have to be in a position when there was an issue of considerable importance. The Secretary of State would then delegate his powers of public appointment to the Appointments Commission, an independent organisation accountable to the Secretary of State. To ensure that the relevant bodies are ready for implementation of the powers, the Appointments Commission’s draft guidance was included in the consultation exercise when introducing new powers of suspension, which ran from July to October last year. An updated version was published with the Government’s response in January this year.
The guidance set out how the Appointments Commission will manage resignations, termination of appointments and suspensions of non-executives lawfully and in the best interests of the public, and respecting the rights of the office holders. I was asked whether suspension would be on full remuneration, and the answer is yes. I was also asked about the process for suspending senior appointments. The Secretary of State will delegate his power to the Appointments Commission. Cases would usually be referred to the commission by the person to whom the appointee is accountable for their duty in bringing evidence to its attention. In the referrer’s opinion when it does not lead to the suspension of the appointee from office, the commission’s role will be to work with the referrer as necessary to establish whether there is a case for suspension. In the case of a vice-chair or other member, the referrer would usually be the chair of the organisation. In the case of the chairperson, the commission would have to take a view. We would expect any body with which the commission is not involved to follow good practice.
Essentially, the process of dealing with such suspensions has been published. We want to ensure that the Appointments Commission is operating within the procedures it has set down publicly. When difficulty arises, a key requirement is that public confidence in the NHS must be maintained. That confidence must always remain one of the key priorities for those who run the NHS in ensuring that such issues are dealt with. In the end, it is the taxpayer who funds the NHS and to whom the NHS is ultimately responsible as taxpayers and patients.
The CQC’s role will depend on whether there is a need for a quality examination of the way in which the organisation involved operates. If the issue is financial, the CQC’s involvement will be limited. If it relates to patient care, as in a recent case, the role of the CQC or its equivalent will be important.
I will write to the hon. Gentleman about which organisations relate to social care.