Clause 102

Health and Social Care Bill – in a Public Bill Committee at 12:00 pm on 22nd January 2008.

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OHPA rules: supplementary

Amendment proposed: No. 227, in clause 102, page 50, line 37, at end insert—

‘(3A) Before making rules, the OHPA shall respond to any representations made to them—

(a) if the rules affect the profession regulated by the Medical Act 1983, by the General Medical Council, and

(b) if the rules affect the professional regulated by the Opticians Act 1989, by the General Optical Council.’.—[Mr. O'Brien.]

Question put, That the amendment be made:—

The Committee divided: Ayes 7, Noes 10.

Division number 9 Nimrod Review — Statement — Clause 102

Aye: 7 MPs

No: 10 MPs

Ayes: A-Z by last name

Nos: A-Z by last name

Question accordingly negatived.

Photo of Stephen O'Brien Stephen O'Brien Shadow Minister (Health)

I beg to move amendment No. 49, in clause 102, page 50, line 38, leave out subsections (4) to (6).

The amendment would leave out subsections pertaining to the Privy Council and is a probing amendment on the role and activity of the Privy Council, a point mentioned already. The memorandum on delegated legislation notes that Privy Council approval enables the detailed scrutiny that is required from these rules and regulations. Will the Minister detail how that scrutiny will work in practice and, in particular, how the regulatory bodies can influence that scrutiny? While the memorandum notes that this mechanism of delegated legislation has been selected to ensure consistency with the rule-making powers of all the regulatory bodies, we are dealing with a slightly different case here as this is a new body being established by the Government and somewhat distinct from the grass roots of the profession.

Photo of Ben Bradshaw Ben Bradshaw Minister of State (Regional Affairs) (South West), The Minister of State, Department of Health

The proposal simply replicates the current arrangements for the rule-making powers of other regulators, such as the GMC or the General Optical Council. The advantage of Privy Council approval is that it can then lay Orders in Council before Parliament, thus ensuring parliamentary scrutiny. It can also vary the rules and draft to ensure that they are legally correct.

Photo of Stephen O'Brien Stephen O'Brien Shadow Minister (Health)

That is good enough for me, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 102 ordered to stand part of the Bill.

Clause 103 ordered to stand part of the Bill.