Clause 94

Health and Social Care Bill – in a Public Bill Committee at 11:45 am on 22 January 2008.

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Lists of persons eligible for membership of fitness to practise panels

Question proposed, That the clause stand part of the Bill.

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

We tabled an Amendment on the Clause, but it was not selected. I shall not stray from the clause stand part debate, but I would be grateful if the Minister could untangle the circularity that caused much concern and, indeed, mirth, during the oral evidence session with Lady Justice Smith. Under clause 93, a chair must be selected from the lay or professionally qualified members, and additional members must be selected from the professionally qualified list, which is defined as

“the list of persons eligible to serve as professionally qualified members provided for by section 94(1)(b)”.

As Lady Justice Smith rightly said, anybody examining the Bill moves to clause 94(1)(b), which states that those people are

“persons eligible to serve as professionally qualified members”.

That has a certain familiarity about it. As she so accurately said:

“Around we go in a circle.”——[Official Report, Health and Social Care Public Bill Committee, 8 January 2008; c. 37, Q64.]

I had therefore expected a Government amendment so that we could get rid of that circularity. The last thing that we want to do is pass any law that will be held up as a laughing stock by those who have to operate it.

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

I have been advised that Clause 93 refers to the professionally qualified members list as being those eligible to serve as provided for in clause 94. Clause 94(3) allows for rules to specify the requirements that a person must meet to be on that list, so the definition is not circular and we do not believe that a change is needed.

Question put and agreed to.

Clause 94 ordered to stand part of the Bill.

Clause 95 ordered to stand part of the Bill.

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.

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.

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.

Minister

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.