Clause 50

Part of Health and Social Care Bill – in a Public Bill Committee at 3:00 pm on 17 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 3:00, 17 January 2008

The amendments would remove the function of undertaking studies into economy and efficiency from the new Care Quality Commission. That returns to our earlier discussions about the extension, or otherwise, of the role of Monitor. I shall deal with that matter in some detail now, because it is a sensible point at which to do so.

As I have argued before, the amendments would considerably widen the scope of Monitor, which is currently only a regulator of NHS foundation trusts. As I am sure that the Committee knows, Monitor has no role in regulating adult social care, commissioners or other NHS health care providers. The Care Quality Commission on the other hand will be a regulator of both health and adult social care, and so the regulation of the NHS is only a part of its work.

There is a need for a commission that can take a completely independent view of whether health and adult social care providers, including NHS foundation trusts, meet essential safety and quality requirements and impose tough sanctions when they fail to do so. As we set out in our consultation on the future regulation of health and adult social care in England, that is a very different role from that performed by Monitor, which has a specific role in ensuring that NHS foundation trusts are well managed and financially strong, with statutory powers to intervene should they be in breach of their terms of authorisation. Having greater autonomy than other NHS bodies, NHS foundation trusts require Monitor’s specific regulation to ensure good value for money for the taxpayer from public assets.

By contrast, it will be important that the Care Quality Commission can take a consistent view of the safety and quality of care across all types of provider, including NHS foundations trusts. The wider scope proposed for Monitor by the Amendment would serve to distract Monitor from its current, vital, specific focus, which is on foundation trusts. It would therefore be quite difficult for it to have a function of undertaking studies in relation to other NHS bodies and English local authorities. I would go so far as to say that Monitor may not necessarily be considered a fully disinterested party if it were to carry out reviews of economy, efficiency or effectiveness in other organisations while having a specific role in authorising, monitoring, regulating and driving forward foundation trusts.

Given those considerations, the function of undertaking the kind of studies described in Clause 50, and the  publication of the results and recommendations arising from them, should sit squarely with the Care Quality Commission rather than Monitor. In that light, although I do not expect him to do so, I ask the hon. Member for Eddisbury to withdraw the amendment.

Clause

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.

Care Quality Commission

The Care Quality Commission (CQC) is the independent regulator of health and adult social care providers in England and it is responsible for developing and consulting on its methodology for assessing whether providers are meeting the registration requirements.

amendment

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.

clause

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.