Health and Social Care (Community Health and Standards) Bill

Part of the debate – in the House of Lords at 4:15 pm on 18 November 2003.

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Photo of Earl Howe Earl Howe Conservative 4:15, 18 November 2003

My Lords, I am extremely disappointed by that reply. I thank the noble Lords, Lord Walton and Lord Clement-Jones, and the noble Baroness, Lady Masham, for their support. I thank my noble friend Lord Tebbit for the compelling case he put regarding flexibility for the Nuffield Orthopaedic Centre. The ability for the regulator to impose a cap on private income is, as far as I am concerned, taken as read in this debate. We have got past the hurdle of trying to argue that that should be removed altogether. I am not in the least concerned with disputing the Government's policy in general towards private income, I dispute whether the clause as drafted is right. It seems far too prescriptive.

My contention to the Minister is that the regulator can if he wishes cap the income of a hospital. He can do so if he chooses in relation to the base year 2002–03. Indeed, if he wants to be rigorous towards hospitals he has that ability. The case put by my noble friend Lord Tebbit is absolutely incontestable. By contrast, the Government's position is so unreasonable that I cannot understand how the Minister can articulate it. This is a matter of principle on which I should like to test the opinion of the House.