Part of Health and Social Care Bill – in a Public Bill Committee at 6:30 pm on 15 January 2008.
Stephen O'Brien
Shadow Minister (Health)
6:30,
15 January 2008
That is an interesting point. With anything that involves a decision, the time limit of the documentation that we are calling for would have to ride with the timetable on decision making. There are obligations on the part of the commission operating through its board to make timely decisions, and there will be a process by which it is under some form of need to produce a determination on the particular expectation of outcome.
I am reluctant to impose a timetable that goes beyond the normal expectation of the board’s operation. However, I am grateful to be asked the question because it forces me to explain what we want to achieve. We want an audit trail. An audit inevitably comes after decision making. We want it documented and made available. It must demonstrate that a reasonableness test on reasonable grounds has been applied and considered by the board. That the test would have been timely and available to the board when it was deliberating important matters is what we want to achieve through an audit trail. After all, it would be a post-event matter rather than a pre-event matter or a contemporaneous event, so documentation is necessary to make sure that the board is behaving and advising itself properly.
I hope that the Minister will take the opportunity to satisfy the Committee that the Bill will generate an audit trail as matters stand or be willing to contemplate the intention behind the Amendment. I expect him either to adopt it or to come back on Report with something that will govern expectations of the way in which the board and the commission will operate.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.