Clause 107

Health and Social Care Bill – in a Public Bill Committee at 5:00 pm on 22 January 2008.

Alert me about debates like this

Powers of Secretary of State and devolved administrations

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

I beg to move Amendment No. 207, in Clause 107, page 53, leave out lines 13 to 17.

The amendment seeks to remove the Secretary of State’s power to direct the CHRE. The council is another of those so-called independent bodies in the Bill whose governance leads inexorably back to the Secretary of State. In response to a question from my hon. Friend the Member for Tiverton and Honiton during the evidence sessions, Lady Justice Smith said that,

“it is important, particularly in the health sphere, that the adjudicatory body should be seen to be independent of Government because the Government are a huge customer of healthcare; the biggest customer of healthcare. Therefore, it is important that there should be no suspicion that the Government are in a position to pull strings behind the scenes, as to what goes on. Absolute clarity and absolute independence are really important. ——[Official Report, Health and Social Care Public Bill Committee, 8 January 2008; c. 42.]

On the basis of that, I rest my case.

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

As I have said before in relation not just to the CHRE but to the Healthcare Commission, there is no intention to fetter the body’s freedom. The reason for this power is to ensure that, where necessary, a Secretary of State can ask the council to prioritise certain areas of its work load over others: for example, in cases in which there is particular public concern about a certain regulatory issue, or in which the expert input of the council is required in a particular Department of Health project. The powers could also be used to require the council to consult specific bodies, including the public, in undertaking its duty to inform and consult, which we discussed earlier. I hope that in the light of that explanation the hon. Gentleman feels reassured enough to withdraw his Amendment.

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

Yes. We will probably have to allude to the matter on another occasion. I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Clause 107 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.

Secretary of State

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.

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.

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.