Clause 27 - Reference of disciplinary cases

Part of NHS Reform and Health Care Professions Bill – in a Public Bill Committee at 10:00 am on 13 December 2001.

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Photo of Richard Taylor Richard Taylor Independent, Wyre Forest 10:00, 13 December 2001

May I first say how pleased I am about the Christmas spirit? Whether it is that or a true sense of co-operation, I am delighted by it. I was becoming disillusioned about the chance of making many changes, so this is super.

I support the Opposition Members who pointed out that the BMA and the RCN are bothered that subsection (4)(a) might be used in other than exceptional circumstances. It would disarm their worries if some words from the explanatory notes were quoted in the Bill. These words get it exactly right:

''It is envisaged that the Council would do this in extreme cases where the public interest in having a clearly perverse decision reviewed by a court outweighs the public interest in the independent operation of self-regulation.''

That says it all and it would be splendid were that somehow enshrined in the Bill.