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Local Government and Public Involvement in Health Bill

moved Amendment No. 209B: 209B: Clause 229, page 162, line 12, after ““observe”” insert ““and enquire into”” The noble Earl said: My Lords, I shall speak also to Amendment No. 210ZAA. Clause 229 deals with the duty of services providers to allow entry by local involvement networks. If we read the wording of subsection (1), we see that the duty consists of allowing, "““authorised representatives to enter and view, and observe the carrying-on of activities on, premises owned or controlled by the services-provider””." The worry that I have with this wording, as the Minister knows, is that it conveys the impression of a LINk pursuing its activities in a manner that is both passive and mute. It is as if all a LINk is able to be when it visits premises is a fly on the wall. The word that I want to introduce, and which still has a lot going for it, is ““inspect””, because it carries with it the connotation of active questioning and monitoring. However, the Government have made it amply clear both in Committee and in correspondence that they regard the word ““inspect”” as inappropriate, because inspections are the function of the health and social care regulators. I have therefore attempted to find a word which would make it explicit that LINks will be able to enter premises and ask whatever questions they need to ask to carry on the activities set out in Clause 226(2); that is, monitoring and reviewing the provision of local care services. The word is ““enquire””. I should like the Minister to consider that word if she will. As background, the Minister will know that the key to a patients’ forum being able to gauge the quality of a local service—exactly the same was true of CHCs—is its ability not only to enter and view premises but to talk to service users and staff. It needs to be able to ask the necessary questions of the right people. The mere notions of entering, viewing and observing do not seem to carry with them that essential capability. We need to correct that shortcoming. Although the Minister has not yet spoken to Amendment No. 210, I would like to know the intention behind it. To one reading the amendment cold, it would appear to permit the Government to exclude LINks from whole categories of premises and whole classes of services provider. On the face of things, that is an extremely sweeping provision. I cannot help being rather concerned about what lies behind it. Paragraphs (b) and (c) of Clause 229(2) already contain provisions which allow the Government to place restrictions on the duty of services providers to allow LINks to enter and view premises, so why do we need yet more restrictions? I beg to move.