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Health and Social Care Bill

My Lords, I support the principle underlying the amendment. I declare an interest: from 1982 to 1989 I was president of the General Medical Council and, under the rules then obtaining, I regularly chaired fitness-to-practise panels in the old disciplinary committee. Almost invariably there was an unequal number of professional and lay members. Professional members were in the majority, but almost invariably they took a much harsher view of the problems of which the respondent doctor was accused, whereas the lay people nearly always tended towards lenience. However, that is, of course, old history. The Minister may now say that this issue is not to be enshrined in primary legislation but governed by rules. In those days, rules made by the General Medical Council had to be approved by the Privy Council. Those were the days when the medical profession and its regulatory authority cherished their independence from government, regarding the Privy Council as a crucial barrier between them and Big Brother in the Department of Health. Now the rules are to be made by the OHPA. Will the Minister clarify whether they are simply rules it can make without reference to any other body, or whether they must be approved by the Department of Health? Also, the crucial principle of parity between lay and professional members on fitness-to-practise panels will mean a great deal to members of the medical profession; the clause also applies to the optical profession. I therefore support the principle underlying the amendment, believing that parity between professionals and lay people is essential. Lay people must be included, following the decisions of Dame Janet Smith in her report and the change in regulation now embodied in the Bill. However, it is also crucial that there should be adequate professional representation on these panels, to ensure an ability to advise on specifically medical or optical issues. I hope that the Minister can clarify these important points.