---

Health and Social Care Bill

LINks are accounting to the Secretary of State, so I suggest that the accountability of LINks effectiveness lies in their accountability. That is not to say that they will not be working with the commission very closely indeed and that the commission will be accountable for its own effectiveness in this regard in the relationships that it has with LINks and a whole range of other organisations. I do not think that we are talking about separate things, but we may need to continue this dialogue elsewhere. Amendment No. 64 requires the Care Quality Commission to give notice of particular enforcement action that it has taken where it the commission considers it appropriate to do so. Primary care trusts and local authorities commission care from service providers. Where the Care Quality Commission initiates enforcement action against a provider, it seems appropriate for the commission to advise commissioners so that they can make arrangements, if necessary, to commission alternative care. It is therefore not necessary for there to be express provision for early notification to LINks for two reasons. First, under Clause 85, there is already provision allowing for regulations to make provision for the publication of enforcement action. That is an important provision which will provide the public with information about successful action the commission has taken in relation to breaches of registration. The purpose of Clause 35 is to allow early notification where a particular body may need to take action as a result of the initiation of enforcement action. I do not believe that in the majority of circumstances where the commission initiates enforcement action against a provider there is a need for LINks to take any specific action, although in the commission of their duties it seems likely that they will be aware of, interested and indeed involved in any given situation. Secondly, Clause 35 allows the commission to notify any other person whom it already considers to be appropriate, so if it considers it appropriate for LINks to be notified, there is a provision that allows it to do so. The amendment is therefore unnecessary. Given the assurance that the Bill already allows LINks as well as other representative bodies to be involved in the work of the commission, I hope that my noble friend will feel able to withdraw the amendment.