Part of Health and Social Care Bill – in a Public Bill Committee at 11:45 am on 22 January 2008.
Stephen O'Brien
Shadow Minister (Health)
11:45,
22 January 2008
It would stray beyond the scope of the Amendment to give even my extraordinarily limited understanding of the workings of the Privy Council, other than to recognise that, as I understand, “Privy” is not intended to signify that it should be withheld from scrutiny and accountability when done in the names of us all. It is a council whose first and primary loyalty is its adherence to the monarch. Because of our constitutional arrangements, the sovereign powers of law making are in Parliament rather than with the monarch, and it is effectively a form of delegated administrative implementation. Therefore, the Privy Council always acts upon constrained and tight legal advice. That is as far as I dare to take it, without getting into a debate.
The amendments were deliberately designed—and I think that this is the satisfaction that the hon. Lady seeks—to require the Privy Council to respond to any representations made by the two regulatory bodies, whose registrants are covered by the OHPA. If the Privy Council cannot give such a public statement, through this it would have the power to direct others to make statements on its behalf, or indeed through the Department. The main point is that there is transparency and accountability through the publication of these matters.
The amendments will help to ensure confidence in the new body, by adding much greater transparency to its decision making process for patients, the public and indeed doctors. It will ensure that there is clarity about any rule changes and those reasons will, I think, be critical—I dare say that that is not a point of contention. It is also important for the OHPA to ensure that it fully considers the views of the regulatory bodies that have long-standing experience of dealing with adjudication in fitness to practise cases, and have the primary interest in the effective application of their own standards.
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.
The Privy Council goes back to the earliest days of the Monarchy, when it comprised those appointed by the King or Queen to advise on matters of state.
As the constitution developed into today's constitutional monarchy, under which The Sovereign acts on the advice of Ministers, so the Privy Council adapted. Its day to day business is transacted by those of Her Majesty's Ministers who are Privy Counsellors, that is all Cabinet Ministers and a number of junior Ministers. Membership of the Privy Council brings with it the right to be called "Right Honourable".
The Privy Council still meets regularly, on average once a month, but, as with the Cabinet, most of its business is transacted in discussion and correspondence between its Ministerial members and the Government Departments that advise them. The Privy Council Office (which is itself a Government Department) provides a secretariat for these discussions, as the Cabinet Office does in relation to the business of Cabinet and Cabinet Committees. Councils are held by The Queen and are attended by Ministers and the Clerk of the Council. At each meeting the Council will obtain Her Majesty's formal approval to a number of Orders which have already been discussed and approved by Ministers, much as Acts of Parliament become law through the giving of the Royal Assent after having been debated in Parliament.
Meetings are reported in the Court Circular, along with the names of Ministers attending (usually four in number). The Orders made at each Council are in the public domain, and each bears the date and place of the Council at which it was made. There is therefore nothing at all "secret" about Privy Council meetings. The myth that the Privy Council is a secretive body springs from the wording of the Privy Counsellor's Oath , which, in its current form, dates back to Tudor times. It requires those taking it to "keep secret all matters...treated of in Council". The Oath (or solemn affirmation for those who cannot take an Oath) is still administered, and is still binding; but it is only in very special circumstances nowadays that matters will come to a Privy Counsellor on "Privy Council terms". These will mostly concern matters of the national interest where it is important for senior members of Opposition parties to have access to Government information.
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.
