Health and Social Care Bill – in a Public Bill Committee at 3:30 pm on 17 January 2008.
Jimmy Hood
Labour, Lanark and Hamilton East
With this it will be convenient to discuss Amendment No. 43, in Clause 69, page 33, line 28, at end add—
‘(7) In such cases as the inquiry is held in private under subsections (2) or (3), the Secretary of State shall make a statement to Parliament.
(8) In such cases as the Secretary of State deems publication inappropriate under subsection (5), he shall make a statement to Parliament.’.
Stephen O'Brien
Shadow Minister (Health)
The amendments would remove from the Secretary of State the decision on the appropriateness of publication, and ensure that Parliament was informed in cases where inquiries are held in private or publication is withheld. It would aid the Committee if the Minister gave examples of when the Secretary of State would direct that an inquiry be held in private, or when publication might be inappropriate. I note that being prejudicial to an ongoing criminal investigation is an example, but in that case, the power should be to delay rather than to prevent publication. Perhaps the Minister will clarify that, in that case, “delay” might have been a more judicious word than “prevent”, which seeks not to have an out-date, as it were.
There are no checks or balances if the Secretary of State chooses to use the power to suppress inquiries that might carry political unpleasantness. Although I make no aspersions on that count, the issue must be raised, because as a matter of scrutiny in Committee, we should take every opportunity to ensure that we do not leave loopholes of which neither I nor the Minister would be proud.
Greg Mulholland
Shadow Minister (Health)
Last time, I was caught out by the brevity of the hon. Gentleman’s contribution, so I am on my toes this time. He seemed to get through at an excellent pace, and it was a very brief contribution.
Subsection (6) includes the phrase,
“in such manner as the Secretary of State considers appropriate,” which sends shivers down the spines of many of us who believe in proper scrutiny. It could mean anything, and it is inappropriate to include such a woolly phrase in the Bill. The purpose of the amendments, which the Liberal Democrats fully support, is to include in the Bill appropriate occasions of parliamentary scrutiny, when the Secretary of State shall make a statement. I look forward to what the Minister has to say. The phrase that I have quoted is inappropriate, which is why we support Amendment No. 42. The clear and succinct inclusion in the Bill of the occasions when a statement should be made to Parliament would be appropriate.
Ben Bradshaw
Minister of State (Regional Affairs) (South West), The Minister of State, Department of Health
The subsection mirrors the provision in existing legislation for the Healthcare Commission and CSCI. The hon. Member for Eddisbury has already alluded to examples of why it might be necessary for an inquiry to be held in private, such as to ensure that a police investigation or criminal proceedings are not hindered or jeopardised.
On the hon. Gentleman’s question about checks and balances, a decision by the CQC to use publicity if it is concerned that something is being undesirably suppressed will be a fairly powerful check and balance. Hitherto, that has not happened and I do not see why it should, but if it did, the CQC will be in a position to cause extreme embarrassment to anyone who is in government at the time.
Stephen O'Brien
Shadow Minister (Health)
The Minister envisages that the CQC’s power to make public its concerns—effectively, it has the power to embarrass—will be a very good sanction, and I agree that it is a powerful one. He did not address the issue of whether “delay” is a better word than “prevent”, but that point is on the record and we can think about it in future. It certainly does not merit pressing the Amendment to a Division, so I beg to ask leave to withdraw the amendment.
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.
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.
Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.
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.
The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.
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.
