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Local Government and Public Involvement in Health Bill

moved Amendment No. 60: 60: After Clause 221, insert the following new Clause— ““Arrangements: power to make further provision (1) The Secretary of State must make regulations which provide that arrangements made under section 220(1) (““local authority arrangements””) must require prescribed provision to be included in local involvement network arrangements. (2) The regulations may in particular provide that local authority arrangements must require local involvement network arrangements to include— (a) prescribed provision relating to the way in which certain decisions of a local involvement network are to be taken; (b) prescribed provision relating to the authorisation of individuals as authorised representatives within the meaning of section 223(5); (c) prescribed provision relating to the use by a local involvement network of money derived from the arrangements; (d) prescribed provision relating to the consequences of contravention by a local involvement network of any provision of the arrangements. (3) In this section— ““a local involvement network”” means a person who is to carry on activities specified in section 220(2); ““local involvement network arrangements””, in relation to local authority arrangements, means arrangements— (a) which are made in pursuance of the local authority arrangements; and (b) under which a person is to carry on activities specified in section 220(2); ““prescribed provision”” means provision prescribed or of a description prescribed by the regulations.”” The noble Baroness said: My Lords, government Amendment No. 60 addresses other concerns that were expressed persuasively by noble Lords that the Bill does not go far enough to ensure the effective governance of local involvement networks. Throughout the passage of the Bill, we have had debates about what constitutes the shape and visibility of a LINk and how one would recognise a LINk when one saw one. In Committee and on Report the noble Earl, Lord Howe, was concerned about those matters and particularly about the effectiveness and accountability of a LINk if it chose not to have any governance arrangements at all, which we thought was unlikely given the activities that it was to undertake. Throughout the passage of the Bill and in getting ready for LINks guidance and elsewhere, we have made it clear that the intention has always been to make provision for governance arrangements. We have always seen these specific arrangements as reflecting what the local networks themselves see as the best way of achieving their goals. Indeed, as you look at the early adopter projects you see different forms of relationships between hosts, LINks and networks, and the emergence of different governance arrangements. It is clearly a key feature of LINks that they are to be creatures of their own communities rather than central government. This has never meant that we would encourage anarchy to reign, but rather that we respect the different ecologies operating in local areas and that they might adopt different forms of governance to reflect the breadth of the network, the relationship with the host, programmes of work and so on. However, despite assurances, noble Lords were still concerned. On Report, we therefore discussed an amendment tackling this issue and I undertook to consider the matter and come back to it today. The amendment put to noble Lords therefore provides the certainty that has been sought: that LINks, no matter what form they take, must have arrangements in place which guarantee transparent and vital elements of governance in some key areas. That has been achieved without forcing LINks to comply with a prescribed form of government. The amendment places a duty on the Secretary of State to make regulations setting out the provisions that must be included in LINk arrangements relating to the governance, or means of operating, of any person carrying on LINks activities. The regulations will deal with how decisions are to be taken by a LINk—the arrangements which relate to how certain people involved in a LINk are, for example, to be authorised to enter and view premises of health and social care providers, such as how they conduct their investigations and assemble reports—the use of money by the LINk, and, importantly, what will happen if there is any contravention by a LINk of its arrangements with the local authority. Those are the key elements one would seek to ensure certainty, a visible shape and form. I hope noble Lords will agree that the amendment secures the certainty of the key elements. It will certainly make clear to the local community, through more transparent and accountable arrangements, how—and, by implication, by whom—decisions will be taken. That could be by a board, a committee, a steering or project group; the conditions may differ, but there will be some form of arrangement to take decisions and agree priorities. It will also look at how the significant power of LINks to look into the direct provision of health and social care will be governed, for example, and how they spend their money. I hope that noble Lords think that we have the balance right on providing for some proper shape and function while simultaneously enabling the local community to determine for itself what it wants its LINk to look like and how it wants it to work. It is an excellent compromise. I beg to move.