Written question asked by Lord Grayling (Conservative) on Wednesday, 18 June 2003, in the House of Commons. It was due for an answer on Monday, 14 July 2003. It was answered by Baroness Winterton of Doncaster (Labour) on Monday, 14 July 2003 on behalf of the Department of Health.

Dept of Health

Question: To ask the Secretary of State for Health, whether a person working at the premises will have the right to refuse to be interviewed under clause 63(1)(c)(i) of the Health and Social Care (Community Health and Standards) Bill.

Answer: Chris Grayling: To ask the Secretary of State for Health whether a person working at the premises will have the right to refuse to be interviewed under clause 63(1)(c)(i) of the Health and Social Care (Community Health and Standards) Bill. [121179] Ms Rosie Winterton: Clause 61 (formerly clause 63(1)(c)(i)) gives the Commission for Healthcare Audit and Inspection (CHAD power to interview in private any person working at premises which CHAI is inspecting. Clause 61(5) provides that it would be an offence to obstruct CHAI in the exercise of its functions, and this provision is intended to make clear (mirroring existing provision in the Care Standards Act) that a manager must not prevent any person who consents to being interviewed by CHAI being interviewed. In certain circumstances, which will be set out in detail in regulations to be made under clause 61 of the Bill, CHAI will be able require prescribed persons to give explanations of prescribed matters to CHAI. Failure without reasonable excuse to do so in these circumstances would be a criminal offence.

Secondary information

Type: Written question
Reference: 121179; 409 c119W
Session: 2002-03
Subjects: Inspections Interviews Powers Staff Healthcare Commission
Legislation: Health and Social Care (Community Health and Standards) Bill 2002/03
Link: View this Written question on www.publications.parliament.uk