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Health and Social Care Bill

My Lords, Section 164 of the National Health Service Act 2006 allows the Secretary of State to authorise any primary care trust or other person to exercise the functions of determining authorities in relation to making or varying the remuneration for those providing NHS pharmaceutical services. Section 164(5)(b) sets out that the instrument of appointment may be contained in regulations, but there is no requirement to do so. This amendment removes the current discretion in Section 164. It provides that the instrument of appointment must be set out in regulations when the Secretary of State appoints a determining authority for the remuneration of those services. The Government have already given a number of commitments on the record during the passage of this Bill that the Secretary of State will continue to set the fees and allowances for the national elements of the community pharmacy contractual framework in line with provisions in Section 164(3)(a) of the National Health Service Act 2006. They are in complete agreement with the value that all noble Lords put on community pharmacists. However, it seems that in tabling this amendment, noble Lords continue to express concerns. Once again, I want to assure the noble Earl, Lord Howe, and the noble Baronesses, Lady Barker and Lady Finlay, that the Government remain fully committed to maintaining the current position; that is, that the fees and allowances for essential services and advanced services should continue to be determined nationally in negotiation with the Pharmaceutical Services Negotiating Committee and in discussion with the NHS. However, having listened carefully to the arguments made, I am persuaded that there should be further consideration of the need for an amendment to place the requirement on the Secretary of State. I accept that this is a matter of continuing concern, and it is justifiable for that reassurance to be given. We have made the commitment today and previously, but things change, and I am prepared to consider further that this should be underpinned by a statutory requirement, and to bring it back at Third Reading.