Health and Social Care Bill – in a Public Bill Committee at 3:30 pm on 17 January 2008.
Stephen O'Brien
Shadow Minister (Health)
I beg to move Amendment No. 44, in Clause 75, page 37, line 6, at end add—
‘(5) Subsection (2) does not confer on the Secretary of State the power to prevent the Commission conducting reviews.’.
Under clause 75, the commission
“must...prepare and publish a document setting out” the reviews it proposes to undertake. Subsection (2) provides that
“the Commission must consult...the Secretary of State” on the document. The amendment would prevent the Secretary of State from using the consultation as an opportunity to block certain reviews.
The clause highlights the privileged position of the Secretary of State in relation to the commission. It must be patent by now that we have sought to remove the Secretary of State’s powers in order to make the CQC a genuinely and transparently independent body. I have just one question for the Minister: what is the purpose of consultations under subsection (2), and could the clause be used by the Secretary of State to block reviews, however necessary people feel them to be?
Ben Bradshaw
Minister of State (Regional Affairs) (South West), The Minister of State, Department of Health
I simply reiterate what I said earlier. The CQC will be completely unfettered in its decisions to undertake reviews in the circumstances that I described.
The Amendment would not have any practical effect, because the Secretary of State has no power to prevent the commission from conducting reviews. The amendment seems to refer to the requirement for the CQC to publish in advance its work programme for the more general reviews that it intends to undertake during a specific period. That is a sensible requirement, not least because that way, the organisations concerned will have some idea about the CQC’s work programme. It can formalise its business planning processes—an exercise that already takes place under the existing system to help managers administer burdens of regulation on front-line service providers. The requirement to consult will also ensure dialogue between the commission and the Secretary of State. However and as I have made absolutely clear, important, urgent reviews—or those that the CQC considers urgent in fulfilling its duty on quality and safety—would be completely unfettered and could be undertaken without consultation with anyone.
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.
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.
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.
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.
