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Health and Social Care Bill

On the removal of the Secretary of State's power of direction over the Council for Healthcare Regulatory Excellence, I should say that we did listen to the debate, both in Committee and the other place. We also spoke to the chairman of the CHRE, and we changed our minds. I ended up agreeing with the hon. Member for Eddisbury (Mr. O'Brien) on that matter. I think that amendment No. 35 was originally tabled by the hon. Member for Romsey (Sandra Gidley) in Committee; she raised concerns about the possibility of malicious complaints being made. The amendment is an attempt to address those concerns by ensuring that information must definitely reveal a threat to public safety if it is to be shared. We also made it clear in the amendment that the appropriate Minister, when making regulations under clause 116,"““must have regard to the importance of avoiding unfair prejudice to health care workers against whom unsubstantiated allegations are made.””" We have been seeking advice from an expert group whose conclusions will be published in the autumn. We will then consult on the principles that will underlie the regulations and guidance and, in due course, on the draft regulations themselves. On responsible officers, we provided an outline of the delegated powers memorandum prepared for the Bill—a copy is in the Library—and we will shortly issue a consultation paper setting out in more detail the proposed content of regulations and guidance. I remind the House that responsible officers will not take decisions about a doctor's career. Decisions about revalidation and whether to investigate in fitness to practise cases will still be taken by the General Medical Council, and decisions about employment will be taken by the employer. In addition, we will provide detailed guidance for responsible officers to ensure that they document concerns only when that is appropriate. Doctors will be able to see and challenge what information is kept about them on file. The hon. Member for Eddisbury had a couple of queries about some of the technical amendments. On amendment No. 62, clause 162(1)(b), as drafted, provides that order-making and regulation-making powers or amendments to such powers contained in the Bill will generally come into force with Royal Assent. The amendment clarifies that that will not apply to clause 106 and schedule 8, which contain amendments to the order-making power in section 60 of the Health Act 1999. Other provisions in schedule 8 will need to be commenced prior to the order-making power being used and commencement of certain aspects of the provisions, as subject to consultation with Scottish Ministers under clause 166(1). The amendment ensures clarity regarding the commencement of these provisions.