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Local Government and Public Involvement in Health Bill

I appreciate why the Local Government Association wanted an explanation for this. There is nothing sinister in making provision in regulations for joint overview and scrutiny committees and enabling district councils in two-tier areas to make reports to their county councils. It is simply a practical measure to address matters of important detail to ensure that the various scrutiny provisions dovetail, work effectively and help to prevent the duplication of scrutiny and unnecessary burdens. We have already discussed joint scrutiny committees and district councils, and we have discussed the necessity of preventing duplication between different committees in two-tier areas and not placing undue burdens on local public service providers. Putting this provision in the Bill would make the legislation much more difficult to amend and would make it difficult to deal with the sort of detailed matters that would enable joint OandS committees to function effectively. Regulations not only enable one to go into matters of detail such as the composition, rules, procedures and remits of joint scrutiny committees, but provide the scope to address detailed matters to ensure that joint committees function effectively, such as in the appointment of sub-committees and co-opting people who are not members of the constituent authorities. We are rightly addressing those issues through regulations. Clause 126 also allows us to make regulations regarding the requirements on local authorities, their executives and partner authorities in relation to those reports. However, to place that provision in the Bill could undermine an important safeguard that we want to create and it could mean that local public service providers in two-tier areas receive conflicting reports and recommendations. It is a very practical point. Before making the regulations we would certainly discuss the matter with key stakeholders, including the LGA; the regulations will also be subject to consultation with local government and other stakeholders and partners. It may reassure the Committee to know that the House recently agreed that similar provisions could be made through regulations on the scrutiny of health matters in the National Health Service Act 2006 and on crime and disorder matters in the Police and Justice Act 2006. It is consistent with the way that we have approached those forms of regulation. I hope that that satisfies the noble Baroness and the LGA.