Report (2nd Day)

Part of Care Bill [HL] – in the House of Lords at 7:00 pm on 14th October 2013.

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Photo of Earl Howe Earl Howe The Parliamentary Under-Secretary of State for Health 7:00 pm, 14th October 2013

I take the point made by my noble and learned friend. We cannot iron out every kind of disparity, but we should aim for the kind of fairness that he talks about.

I have misled the House: we would not be able to establish a tribunal by secondary legislation—it would require primary legislation. However, as I said earlier, in the consultation that we are carrying out we do not rule out any solution. Clearly, if it transpires that we want to make changes for which primary legislation is needed, we would need to ensure that proposals were brought forward for consideration at the earliest opportunity. In general, we hope that the consultation will flush out any concerns in this area, not least in the area of fairness, as referred to by my noble and learned friend.