---

Local Government and Public Involvement in Health Bill

This debate is a microcosm of discussions since the publication of the White Paper, let alone those on Second Reading: the Government have some good things in the Bill, but they are hopelessly outweighed by some of the bad things. I want to address my remarks to Lords amendments Nos. 2 and 4, and thus to clause 7. I see the provisions as safeguarding ones. It would be nice to report that they were safeguarding local democracy, but they are not—they are safeguarding the Secretary of State. The aim of these Lords amendments is to make the Secretary of State's ultimate decision fireproof by including the words"““such other persons as he considers appropriate.””" He would thus be fireproof from legal challenge and criticism, whereas had we kept the phrase"““he believes to have an interest””," it would have been more difficult for him to wriggle out. We have heard a number of examples of the consultation process so far producing what seem to many hon. Members present to be perverse outcomes. I hope that in commenting on those revised words from the Lords which he is endorsing the Minister tells the House what tests of reasonableness will be used when the Secretary of State considers an issue. Will the Minister give us a clue about what he thinks ““appropriate”” means and some examples of things that are appropriate and things that are not? Obviously, those will be mediated by an interpretation of reasonableness in relation to consideration. He might, although I doubt it, give some consolation to hon. Members who have spoken if he could help us on the reasonableness of the Secretary of State's consideration and give us a clue about the appropriateness.