Health Bill

In essence, the noble Earl is asking why this legislation is needed. He is absolutely correct to say that in most serious cases the NHS staff working on fraud already work with the police, who may use their powers of entry, search, seizure and arrest. However, making use of police powers is not always possible because of resource issues and, in any event, it is often a drain on valuable police time. The proposed powers will be exercised only by highly trained and accredited NHS counter-fraud and security management specialists. They will be able to apply all their NHS knowledge and expertise to ensure that only material relevant to the investigation is obtained and that it is retained within the NHS. Is it more appropriate for the police to exercise the powers? There will still be a requirement in very serious cases, or when there is a real danger that evidence will be destroyed, for the body investigating the fraud or security incident or breach to seek the co-operation of the police regarding the use of their power to enter, seize and search, using a warrant. The power to require the production of documents will, however, enable NHS counter-fraud or security management specialists to deal themselves with the majority of their cases in a professional and sensitive manner. This will mean that there will be less need to involve the police and the use of their powers and it will free up valuable police time. I commend to the Committee the document entitled Countering Fraud in the NHS: Protecting Resources for Patients. It is a testament to the excellent work already undertaken by my colleagues in the NHS Counter Fraud and Security Management Service. It shows the measure of their current activity and the enhanced activity that they could undertake if they were given these additional powers.