Health and Social Care (Community Health and Standards) Bill

Part of the debate – in the House of Lords at 6:30 pm on 20 October 2003.

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Photo of Lord Warner Lord Warner Parliamentary Under-Secretary, Department of Health, Parliamentary Under-Secretary (Department of Health) 6:30, 20 October 2003

Amendments Nos. 322 and 335 would place a duty on CHAI and the Assembly to justify the removal of documents and to return the said items within a reasonable period of time. I have sympathy for the amendment, but the powers under the clause are very similar to those provided to the National Care Standards Commission in Sections 31 and 32 of the Care Standards Act 2000.

I want to make it clear that we do not envisage that the provisions will entail removing vast quantities of documents from sites that CHAI inspects. We also believe that CHAI, should it feel a legitimate need to do so, will normally obtain any additional information that it may want to remove from the premises by agreement. However, the power to remove original material may be necessary where inspectors suspect tampering of data for fraudulent purposes, for example. It emerged in the Shipman inquiry that there had been a considerable tampering of records. In such situations, it is right that individuals acting on CHAI's behalf are able to remove such material for examination without first having to supply promptly a statement of reasons. So that care providers can continue their day to day operations, they will of course be free to take copies of documents that CHAI intends to remove. We envisage that CHAI will want to conduct its business with minimal interruption to service provision and so would expect it to return documents in their original condition as soon as practicably possible.

Given the sensitivities of the power, and should CHAI not return removed material within a reasonable period of time, the organisation involved would of course be entitled to seek judicial review or redress via the Parliamentary Ombudsman. The clause as drafted makes it clear that CHAI has the authority to have access to all relevant information. The amendment, if carried, would dilute the effectiveness of CHAI's review and investigative functions. In the light of those assurances, I hope that the noble Earl, Lord Howe, will be willing to withdraw the amendment.