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Health and Care Bill 2021-22
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Lords report stage second day. Amendment 84 agreed to on division (145 to 122). Amendments 85 to 94, 97, 101 to 104 and 106 to 107 agreed to. Amendment 108 agreed to on division (110 to 91). Amendments 109 to 110 agreed to. Amendment 112 disagreed to on division (80...

Lead member
Lord Kamall; Earl Howe; Baroness Penn
Answering member
Baroness Thornton; Baroness Merron
Department
Department of Health and Social Care
Type
Debates on bills
Date
3 March 2022
Reference
819 cc1008-1054
House
House of Lords

My Lords, it is a great honour for my two amendments to be grouped with that in the names of the noble Lords, Lord Alton and Lord Blencathra. As the noble Lord has discussed the supply chain, I should declare my interest as president of the Health Care Supply Association,...

Member
Lord Hunt of Kings Heath (Labour)
Type
Proceeding contributions
Date
3 March 2022
Reference
819 cc1037-8
House
House of Lords

Moved by

Lord Lansley

83: Clause 39, page 47, line 37, at end insert—

“(4) A direction under section 13ZC may not be given in relation to a decision about the relative allocation of resources to integrated care boards.

(5) A direction under section 13ZC may not be given in relation to a decision...

Member
Lord Lansley (Conservative)
Type
Proceeding contributions
Date
3 March 2022
Reference
819 c1008
House
House of Lords

My Lords, noble Lords will recall from Committee some substantial discussion about whether it was wise for the Secretary of State to take additional powers of direction in relation to NHS England. I suppose I should declare an interest since I gave the NHS commissioning board, or NHS England, the...

Member
Lord Lansley (Conservative)
Type
Proceeding contributions
Date
3 March 2022
Reference
819 cc1008-9
House
House of Lords

With the leave of the House, I thought it might be useful if I used my slot to speak right now on leaving out Clause 40. First, I thank the noble Lords, Lord Patel and Lord Lansley, and the noble Baroness, Lady Walmsley, for putting their names to this amendment....

Member
Baroness Thornton (Labour)
Type
Proceeding contributions
Date
3 March 2022
Reference
819 cc1009-1010
House
House of Lords

My Lords, I have no doubt that when the Minister responds he will say that the Secretary of State is likely to use this power very rarely. The point is that the moment the health service knows the Secretary of State has such a power, that will immediately influence its...

Member
Lord Hunt of Kings Heath (Labour)
Type
Proceeding contributions
Date
3 March 2022
Reference
819 cc1010-1
House
House of Lords

My Lords, Amendment 84 is intended to remove the powers of the Secretary of State, in Clause 40, to intervene in decisions on reconfigurations of health services. I said in Committee, and I say again, that those powers are very dangerous. We have recently seen how the Government’s powers to...

Member
Baroness Walmsley (Liberal Democrat)
Type
Proceeding contributions
Date
3 March 2022
Reference
819 c1011
House
House of Lords

I thank noble Lords for bringing this debate to the House today. I am sure that the Secretary of State will be grateful for the desire to save him from himself and his powers. Let me read out the following quote:

“If we went out to Parliament Square now and straw-polled...

Member
Lord Kamall (Conservative)
Type
Proceeding contributions
Date
3 March 2022
Reference
819 cc1011-2
House
House of Lords

The Minister said that this was not the motive behind the power, but motive is not the point here. I am sure that the Secretary of State has the best of motives, as does the Minister, but the point is the effect of what the Bill says.

Member
Baroness Thornton (Labour)
Type
Proceeding contributions
Date
3 March 2022
Reference
819 c1012
House
House of Lords

I thank the noble Baroness for clarifying that. Of course, we completely understand the concerns that have been raised. The Secretary of State must use regulation-making powers where they exist, rather than using the power of direction to achieve what could be achieved under regulations.

Turning to the allocation of resources...

Member
Lord Kamall (Conservative)
Type
Proceeding contributions
Date
3 March 2022
Reference
819 cc1012-3
House
House of Lords

I am sorry to interrupt, but does the Minister not take my point that it is not that Ministers will have to use those powers; it is that they have powers that will change behaviour immediately in the health service? That is the issue.

Member
Lord Hunt of Kings Heath (Labour)
Type
Proceeding contributions
Date
3 March 2022
Reference
819 c1013
House
House of Lords

Before the Minister answers that question, I wonder if he would be kind enough to answer two from me. He just gave a list of what the powers will not be used for, but could he tell us what sort of thing the powers will be used for and under...

Member
Baroness Walmsley (Liberal Democrat)
Type
Proceeding contributions
Date
3 March 2022
Reference
819 c1013
House
House of Lords

I thank noble Lords for those interventions. If they will allow me, I will come to answer them in my remarks.

We understand the concerns about how these powers will be used. It is in the interests of nobody, least of all the Secretary of State, to be making every decision...

Member
Lord Kamall (Conservative)
Type
Proceeding contributions
Date
3 March 2022
Reference
819 c1013
House
House of Lords

I thank my noble friend. On this clinical advice, he is aware of the enormous changes that were made to stroke services in London. In the reconfiguration that took place, many lives were saved. But when it came to east Kent, the reconfiguration request, which was to do with stroke...

Member
Baroness Cumberlege (Conservative)
Type
Proceeding contributions
Date
3 March 2022
Reference
819 cc1013-4
House
House of Lords

Indeed, sometimes it is absolutely critical that decisions are made quickly. Where there are concerns about the speed of those decisions, the Secretary of State may ultimately decide to intervene, subject to advice from the Independent Reconfiguration Panel, overview and scrutiny committees, and patients, and based on the clinical case,...

Member
Lord Kamall (Conservative)
Type
Proceeding contributions
Date
3 March 2022
Reference
819 c1014
House
House of Lords

I cannot believe that the Minister meant to imply that all the structures being set up in this Bill are not accountable, because there are a whole lot of accountability measures in this Bill which will hold to account the people making these decisions without the Secretary of State. One...

Member
Baroness Walmsley (Liberal Democrat)
Type
Proceeding contributions
Date
3 March 2022
Reference
819 c1014
House
House of Lords

The noble Baroness raises some important points, but I remind her that, alongside those, she should consider safeguards and limitations that are being put in place to address these concerns and the importance of ensuring due accountability for health service delivery. I understand the strong feeling among noble Lords and...

Member
Lord Kamall (Conservative)
Type
Proceeding contributions
Date
3 March 2022
Reference
819 c1014
House
House of Lords

My Lords, I am grateful to my noble friend. In particular I am grateful for his specific assurances on the powers of procurement and the question of resource allocation. We can be pretty confident that the Secretary of State would not interfere with the Advisory Committee on Resource Allocation or...

Member
Lord Lansley (Conservative)
Type
Proceeding contributions
Date
3 March 2022
Reference
819 cc1014-5
House
House of Lords

The noble Lord raises the congenital paediatric cardiac case, and the noble Baroness, Lady Cumberlege, raised the Kent stroke question. On that question, the estimate was that 40 to 50 people will have died or lost their ability to live independently as a result of that two-year delay. Is it...

Member
Lord Stevens of Birmingham (Crossbench)
Type
Proceeding contributions
Date
3 March 2022
Reference
819 c1015
House
House of Lords

We all know that when these proposals come forward, there is a lot of local pressure. In many cases, it will be local pressure that is transmitted to the Secretary of State by Members of Parliament who are—

Member
Lord Lansley (Conservative)
Type
Proceeding contributions
Date
3 March 2022
Reference
819 c1015
House
House of Lords