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Health and Social Care Bill

Our debate on amendments tabled in relation to Clause 44 has been useful. I have listened carefully to the views just expressed, particularly the wisdom of the noble Baroness, Lady Howarth. We have discussed the remit of reviews and I have already confirmed that reviews and investigations will be one of the main functions of the Care Quality Commission. The commission will be able to carry out reviews into publicly funded or commissioned services on both specific and more general issues. In both your Lordships’ House, and in the other place, we have heard much debate on the commencement of these provisions. It had been our intention to delay the commencement of the power to carry out special reviews and investigations for a year, other than to investigate matters that could pose a risk to the health, safety or welfare of people receiving health or social care. This was so that the commission and NHS providers could fully focus on ensuring that the new registration system would be up and running from 2010. It was certainly not because there was any doubt about the value of the reports the existing commissions have produced. However, having reflected on the concerns raised by so many in your Lordships’ House and elsewhere, including from the current commissions, I am pleased to be able to confirm that this is no longer our intention. The commission will decide for itself what reviews are necessary from the outset, taking account of the resources available to it and the need to fulfil all its statutory functions. As the Committee will appreciate, there is actually no need to amend the Bill to achieve this: we simply need to commence the clause on the date that the commission takes on its other functions. I hope that by placing on the record our intention to commence the provisions relating to special reviews and investigations at the same time as it takes on its other functions—from April 2009—the amendments may be withdrawn.