---

Health and Social Care Bill

I support my noble friend. I fear that I am boring for Britain on the subject of the independence of these bodies. I cannot understand why the Secretary of State seems so keen on controlling all these independent regulators. I am beginning to wonder whether he has enough to do. Does he feel underemployed? Is he anxious that he may be made redundant? Knowing the Secretary of State, I think that that is extremely unlikely. His workload is probably horrendous, so here is an opportunity to give him a little more time to enjoy himself and have a day out with the family and perhaps not be quite so involved in all these different regulators. As my noble friend said, proposed new Section 26(3) gives the Secretary of State the power to direct. That undermines the CHRE’s independence and is unnecessary. One point not made overtly by my noble friend is that, as the regulator covers all the countries in the United Kingdom, this provision, which refers only to England and Wales, creates an imbalance with the devolved Administrations, which could be subject to conflicting requirements. At present, the Secretary of State requests the regulator to do some work. Although I know that the noble Lord, Lord Walton, is anxious to abolish this regulator, it seems to me that it is an important part of the regulatory jigsaw. We know it to be a reasonable body; it has never refused a request from the Secretary of State. Independence allows some practical negotiation on the scope, timing and use of available resources. I understand that the CHRE is doing some extra work investigating the NMC at the request of the Secretary of State. It is also doing additional work on pharmacy and has been asked to advise the Northern Ireland Office. The clause is not necessary and it undermines the independence of the CHRE. I support the amendment moved by the noble Baroness, Lady Finlay. I remember many years ago when the General Medical Council was very slow at hearing cases. As the noble Baroness ably said, that was part of the problem of the lack of trust that grew with the GMC. Her suggestion that it should be monitored and a report made to Parliament would keep the GMC on its toes. I know that recently it has done much better but we do not know what the future will hold, so this would be a good measure.