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Health and Social Care Bill

moved Amendment No. 207: 207: Schedule 12, page 184, line 7, at end insert— ““ In section 165 of the NHS Act 2006 (section 164: supplementary), after subsection (11) insert— ““(12) The determining authority for remuneration for services that all persons who provide National Health Service pharmaceutical services are required by regulations to provide shall be prescribed in regulations.”””” The noble Baroness said: The amendment deals with some business which was unfinished in another place. The background to the amendment is that in its consultation document in 2007, Modernising Financial Allocation Arrangements for NHS Pharmaceutical Services 2007, the Department of Health proposed devolving the global sum held centrally for pharmaceutical services expenditure to primary care trusts. When the department consulted on the proposals, it indicated its intention that the Secretary of State would continue to determine the fees and allowances for the national elements of the community pharmacy contractual framework, in negotiation with the Pharmaceutical Services Negotiating Committee and in discussion with the NHS. Those national elements are the essential services provided by all pharmacy contractors and advanced services, such as medicines-use reviews, which pharmacies that meet accreditation requirements may provide. During the proceedings in another place on 24 January 2008, when concerns were raised that these arrangements may not continue, the Minister, Ben Bradshaw said: "““We recognise that pharmacy owners need to know the remuneration that they will receive for those substantive parts of the contractual framework, so that they will have the confidence to continue to invest in their businesses. I should like therefore to take the opportunity strongly to reinforce our commitment that the Secretary of State will, indeed, continue to set the fees and allowances for the national elements of the community pharmacy contractual framework ””.—[Official Report, Commons, Public Bill Committee, 24/01/08; col. 497.]" However, concern remains that the Secretary of State must continue to set the fees and allowances for the national elements of the community pharmacy contractual framework. Once Parliament has decided to devolve the funding for pharmaceutical services to PCTs, the continued confidence of community pharmacy contractors to invest in their pharmacy businesses will not be maintained where the stated intention of the Government is not reflected locally. The amendment would require the determining authority to be set in regulations so that any amendment would permit parliamentary scrutiny. I beg to move.