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Health and Social Care Bill

moved Amendment No. 54A: 54A: Clause 95, page 47, line 20, at end insert ““, provided that the number of lay members and the number of professionally qualified members shall in all cases be equal”” The noble Earl said: My Lords, this straightforward amendment has arisen directly from our debates in Grand Committee. It concerns the composition of fitness-to-practise panels in the OHPA. Clause 95 says that a fitness-to-practise panel must consist of a chair, a lay member, a professionally qualified member and, "““such additional members (if any) selected from the lay members list or the professionally qualified members list as may be required by rules””." My only problem is that it leaves open the question of equality of representation. As the wording stands, the OHPA could assemble a panel comprising a majority either of doctors or of lay people. There may currently be no intention to do that, but I question whether it is appropriate to leave this issue to be decided by the rules of the OHPA. In creating the OHPA we are surely attempting to establish a body which commands the confidence of the public, as well as the confidence and respect of doctors. For me, at least, that objective of necessity requires a balance of lay and professional members. To unbalance the make-up of the panel in either direction would risk jeopardising the public standing of the OHPA. This is not likely to change over time. Either the balance of confidence is important or it is not. If it is, there is scope for the Government, with the benefit of advice from the GMC, to reconsider the wisdom of this provision. I beg to move.