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Local Government and Public Involvement in Health Bill

My Lords, I thank the Government and, in particular, the Minister for this welcome amendment, which looks set to resolve one of the most serious concerns that I and others had on this part of the Bill. I also thank her for her kind remarks, which, I am sure she will know, are reciprocated from this side of the House. There are several features of the amendment that I particularly welcome, not least the fact that we are promised regulations, not merely guidance, and that the length of the transitional period is left flexible, at least for the time being. I have a number of questions. We all want to ensure that the transitional arrangements, whatever they are in individual cases around the country, are substantive and meaningful. Can the Minister give us a clearer idea of what mechanisms will be in place to ensure that local authorities do not engage merely in token forms of activity? We need to prevent that. For example, local authorities should need to be able to prove that during the transitional period patient and public involvement, including specific visits and monitoring of services, has taken place at no less a level of intensity than would be expected and to demonstrate this to the Department of Health. As an aspect of that, it might be appropriate for local authorities to publish the relevant details of PPI activities on their websites. What more will local authorities be asked to do in order to demonstrate that they are not simply going through the motions? In support of that, how will the department encourage forum members to collaborate with local authorities during the transition? How will they ensure that they are properly supported and funded, and how will the work in progress of forums be taken forward under the provisions of Clause 227(3)? Secondly, when are the draft regulations likely to be published? Doubtless the fact of these transitional arrangements will become known about quite soon among the generality of patients’ forum members, but until each forum knows precisely what the local authority in its area is intending to do as regards implementing the regulations, there may be a sense of unreality in the air, given that the only thing that forums know for sure is that they will cease to exist on 31 March. Early publication of the regulations is essential if we are not to see forums and their members dispersing in a manner that will make these arrangements harder for local authorities to implement. Thirdly, given that there will almost certainly be insufficient time to consult on the regulations, could the Minister explain why the word ““shall”” or ““must”” does not appear in subsection (3) of the amendment instead of ““may””? I am sure that there is a good answer to that, but is there any significance to it? Lastly, I return briefly to the issue of private providers. How will the Government ensure that private providers of health or care services are obliged to respond to requests for information and visits from those charged by the local authority with implementing the transitional arrangements? If the duty of a private provider to respond to such requests is enshrined in the service contract, it may in many instances be specific to patients’ forums rather than to individuals carrying on activities in the transitional period. How will the Government make sure that private providers are under an equal duty to respond even after forums are abolished? In the Minister’s letter to me, for which I thank her, she indicated that in relation to the activities of LINks the matter would be subject to directions given to PCTs. Will the same apply to the transitional arrangements? If so, who will monitor the extent to which PCTs and independent contractors abide by the content of such directions?