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Health and Social Care Bill

My Lords, Amendment No. 55 would require any order made under Section 60 of the Health Act 1999 to be approved by the Northern Ireland Assembly as well as by the UK Parliament. Scotland already has the provision under that legislation to approve orders that contain devolved matters. Health professional regulation is a devolved matter in Northern Ireland and Scotland; it is fully devolved to Northern Ireland and partly devolved to Scotland. I recognise the importance of involving the devolved Administrations in decisions on regulation to ensure that they take account of the differing needs of the four countries. However, they also work towards UK-wide solutions to statutory professional regulation, so that, although there are differences, they work hard. The Government are sympathetic to the amendment, but we would make such a change to the current arrangements only with the agreement of the Ministers in the Northern Ireland Executive. I am sure that the noble Lord, Lord Trimble, is aware of that. I can inform your Lordships’ House that the Government have discussed this proposal with Ministers in the Northern Ireland Executive, who have indicated that at present they do not wish to have this power. I checked that my information was completely up to date for this debate, and indeed it is. This is still the position of the Northern Ireland Executive. We will be happy to consider the issue again if the Ministers in the Northern Ireland Executive feel that the position has changed. It may reassure noble Lords to know that, under the current arrangements, policy changes are developed in partnership across the four health departments prior to the drafting of legislation. The devolved Administrations are given the opportunity to input and comment on the draft legislation prior to public consultation, which may result in changes being made. On that basis, and in the light of my explanations, I hope that the noble Lord, Lord Trimble, will feel able to withdraw the amendment.