Health Bill

Clauses 57, 59 and 60 make provision for the appointments commission to exercise much of the appointments functions of the Secretary of State, the National Assembly for Wales or the Privy Council, to the extent that it is directed to do so. Clause 61 makes further provision relating to the exercise of those functions. As now, the powers of appointment will remain with the Secretary of State, who can delegate to the appointments commission by means of a direction. Powers under Clauses 57 and 61 provide for the Secretary of State to direct the appointments commission in relation to these appointments functions. Following delegation to the appointments commission, the Secretary of State will be able to shape its work in a variety of ways; for example, she can set out the job description and person specification for NHS posts, and will require the commission to provide information on the performance of its functions. Current directions to the NHS Appointments Commission include requirements for it to use, and have regard to, the descriptions of the duties and role of the specified offices and the criteria for appointment to those offices; have regard to guidance given by the Secretary of State with respect to the exercise of its functions; have regard to the need to maintain public confidence in the public appointments process; and ensure that the procedures for appointment operated by the commission are open, transparent and take into account the guidance given by the Commissioner for Public Appointments. However, I assure noble Lords that it is not the intention of Ministers to interfere in any way in the appointments process. The Government are committed to an independent public appointments process. The provisions in the Bill are a direct response to the Public Administration Select Committee’s report in 2003 on government by appointment. This report recognised the work of the NHS Appointments Commission and indicated that other government departments could benefit from its skills and expertise. It recommended that the Government make available,"““independent, professional and transparent processes of public appointment””," across government departments. The Department of Health’s review of its arm’s-length bodies in 2004 also recommended that primary legislation should be pursued to allow the NHS Appointments Commission to take on additional functions relating to the chair and non-executive appointments on behalf of the other government Ministers. This Bill is therefore a direct response to the Public Administration Committee’s recommendations. The amendment relates specifically to the powers in Clause 65. Clause 65(4) gives the commission additional, incidental powers that allow it to do anything that facilitates the exercise of its functions, or is incidental or conducive to it. Examples of these incidental powers would be the power to enter into contracts; to acquire or dispose of land or other property; to develop and exploit intellectual property; and to participate in the forming of companies. Under Clause 65(6), the commission must exercise these incidental powers subject to any directions given by the Secretary of State, or by the National Assembly for Wales in so far as the power relates to functions delegated to it by the Assembly. The amendment would remove Clause 65(6), the effect of which would be that the Appointments Commission would be able to exercise its incidental powers in any way it saw fit. It would remove the ability of the Secretary of State or the National Assembly for Wales to direct the commission as to the exercise of those powers. Given that Clauses 57 and 61 give the appropriate national authority powers to direct in relation to appointments functions, it would be inconsistent for them not then to have the powers to influence how the incidental powers in Clause 65 are used. It is not the intention to interfere in how the Appointments Commission operates. However, this power to direct will provide an additional safeguard should any concern ever arise over how these powers are being used.