Health Bill

A number of points were raised by the noble Baroness which go a bit wider than the amendment. Let me answer on the amendment and the issue of the Healthcare Commission. We accept that the opinion of the Healthcare Commission is important to us in this matter. Indeed, the Bill amends the Health and Social Care Act to make it clear that the Healthcare Commission may at any time advise the Secretary of State on any changes that it thinks should be made to the code to improve the quality of healthcare. We have put the Healthcare Commission in proactive mode. If it, as it goes round the NHS and carries out its normal duties, picks up issues, it can raise those issues with us in advising amendment to the code. It is not just the words of the Bill that show that we value the advice of the Healthcare Commission. As the Committee will be aware, we are currently in the process of developing the final code of practice. A large number of different interests and organisations have been involved, not just the Healthcare Commission. We are continuing to talk to those people as we move down the final straight. We aim to have the code ready by the end of the summer so that it can be in use. I do not have a whole list; I can probably provide the noble Baroness with a reasonably long list of the bodies and interests that we have consulted. It is also a kind of continuing iterative process. During this process, we have worked closely with the commission in the drafting of the code to ensure that it will be enforceable and outcome-based. We are trying to produce something that is not just worthy guidance but can be used by the commission in enforcement terms; that is the whole purpose of having the code related to some enforcement provisions. We would always want to have discussions with the Healthcare Commission before issuing a code of practice under the Act, and we will continue to consult it. We do not need a provision in the Bill for us to consult with it. As I have said, it can proactively raise with us at any point issues that concern it. It is in the interests of the Government and the department to respond to information coming out of the NHS about the way that this works. One of the reasons for keeping the code in this state is that it becomes easier to amend and adapt as the need arises. If one looks back at the history of the area of surveillance, we have shown willingness on the basis of expert advice to amend the surveillance systems, and that will continue to be the case, and we would apply the same logic to the code. There is not a lot of point in having a code that is out of date. We need to be able to amend it; that is why we want the Healthcare Commission to be proactive. It has a lot of contact with many interest groups around the NHS, and it will have its finger on the pulse about how the code is working. We want to listen to it and to other points of view to keep the code up to date. I hope that gives some reassurance to the noble Baroness.