Clause 8

Part of Health and Social Care Bill – in a Public Bill Committee at 6:15 pm on 15th January 2008.

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Photo of Ben Bradshaw Ben Bradshaw Minister of State (Regional Affairs) (South West), The Minister of State, Department of Health 6:15 pm, 15th January 2008

We agree that it is important that there should be a proper procedure for the Care Quality Commission to follow when it makes certain decisions about registering or deregistering a regulated activity or a manager, or about suspending registration or amending the conditions of registration. We have set out those procedures in clauses 22, 23 and 24.

Under clause 22, in particular, we require the commission to give its reasons for such a decision in a written notice to the relevant registered providers or managers. We also agree that the public will want to be reassured that the commission has taken appropriate action where providers fail to meet requirements. We want the commission to publish information in relation to enforcement, but not in relation to some of the rather everyday activities of managing the conditions that it places on the registration of providers or managers. For example, registration conditions could change simply because a provider wished to provide a new service, or to cease to provide an existing service. Conditions can also change as a result of changes in premises or a change in staff. We believe that it would be unreasonably bureaucratic to require the commission to publish its reasons for making those changes in all those areas.

That is why we have made clear in clause 83 that regulations may allow or require the commission to publish information about the enforcement action it has taken. That is so that we can differentiate between enforcement action and routine administrative processes. We believe that extending the requirements in the way proposed in the amendments would be excessively burdensome and bureaucratic.