Local Government and Public Involvement in Health Bill

I can, and I know of my hon. Friend’s interest in the matter. The Bill does the opposite; it strengthens the obligation. In developing these LINK bodies, and in the wider context of bringing together local authorities and other agencies, we are trying to provide a much stronger interface between the voluntary sector and the statutory sector. In committee, I described it as the interface between participative democracy and representative democracy. This is why I earlier described the process as a marathon, not a sprint. However, the general direction of travel is that which my hon. Friend desires. Amendment No. 32 would add to the activities that it is proposed LINKs will be able to undertake. It will enable LINKs to monitor and review the commissioning and provision of local care services. In Committee, the hon. Member for North-East Bedfordshire (Alistair Burt) proposed that LINKs should have a role in monitoring services, much as patient forums did before. It was suggested that the role of monitoring was proactive. I agree. We have always thought that LINKs should be proactive in seeking the views of people, promoting their involvement and monitoring the commissioning and provision of services. The amendment is intended to clarify that role. LINKs will be able to monitor the range and quality of care services using the intelligence that they have gathered as well as their power to enter and view services. They will be ideally placed to make reports and recommendations to those responsible for care services. Amendment No. 33 alters the power given to the Secretary of State in clause 172(3), so that the Secretary of State has the power only to add to the activities of a LINK and not to remove or vary those activities. I hope that Opposition and Government Members will welcome the announcement. That was one of our early champagne moments; I have not forgotten my obligation—[Interruption]—when we receive Royal Assent. As I said in Committee, the Department of Health will be asked to contribute. The regulation-making power was originally included to allow adjustments to be made to the role of LINKs where necessary to reflect future changes in the nature of health and social care. We felt that it was important to have this flexibility as we know that patient forums have suffered from being too rigidly prescribed in primary legislation. That has made them, on occasion, unable to adapt to changing circumstances around them. Again, this issue was raised in Committee. The concern was that the power could be used to restrict the role of LINKs at some future date. That was far from our intention; the clause was intended to safeguard the role of LINKs for the future while making them able to adapt. Further, it was intended that the regulation-making power would be subject to the affirmative procedure to reassure Parliament that it would not be used without appropriate parliamentary scrutiny. In other words, we would need to get the endorsement of the House to make such a change. As this has proved to be of concern to Members, we have reconsidered the clause. We are eager to demonstrate our commitment to LINKs and we do not feel that it would be necessary or desirable to remove any of the functions of the LINKs as they are currently drafted. Therefore, we are happy to reassure hon. Members by removing the power to vary and omit these activities. The power to add to the activities of LINKs has been retained to ensure that their roles can be adapted in the future. Amendments Nos. 34 to 54 cover two distinct, but related, areas; Nos. 34 to 41, 49 and 54 relate to what can constitute a LINK. Nos. 42 to 48 and 50 to 53 concern the annual reports. In Committee, concern was expressed that the existing clause 173(2)(b), which states that a LINK could be"““any other means put in place under the arrangement for the carrying on in A’s area of activities so specified for that area””" could allow a LINK to be an entirely virtual entity. When I first heard of that point I was amused by it, but on considering it I thought that an issue had been raised in respect of this modern world. The amendment addresses that. The clause as drafted would allow for a virtual LINK, but it is of course not our intention that that is how their activities would be carried out. The Bill was drafted in this way to allow some flexibility and to provide a fall-back position in the unlikely scenario that there was no one in an area who wanted to participate in a LINK. It allows a local authority to contract with a host organisation and for the host to provide opportunities—or the means for people—to carry out the LINK activities. In light of the concerns that were expressed about the virtual entity possibility and given that it is not our intention that LINKs should take this form, I introduce amendment No. 34 which removes the possibility of there being ““any other means”” to establish a LINK. Therefore, they will be populated by people, which is of course what everybody wants—real people, as opposed to virtual people. This proposed change has led to some significant redrafting of associated clauses; as ever, I am grateful to officials and parliamentary counsel for their diligent work. Amendments Nos. 35 to 41, 49 and 54 are all consequential amendments needed to reflect the change to clause 173(2). They remove references to ““any other means””. The second group of amendments relates to LINKs annual reports. Provisions in clause 177 to do with LINKs reports have also been amended. Amendment No. 44 in particular adjusts the requirement for arrangements to make provision in respect of annual reports. The responsibility for writing the report will usually rest with the LINK. However, if the LINK does not produce that report—for instance because it has been in place for only a part of the year—it will be the host’s responsibility to produce the report for any missing period. If a host has not been successful in establishing a LINK, the host will report on any activities that have been undertaken for the purpose of ensuring that there are means by which the LINK activities are carried out. It will also report on what sums it has spent in its efforts to establish a LINK. Although the amendments might appear to take some working through, many of them are consequential amendments that aim to address the concerns expressed by Committee members that a LINK could take an entirely virtual form. They also seek to clarify who should be responsible for the annual report. That is an important point. I think that my hon. Friend the Member for Bedford (Patrick Hall) raised the issue about the timing and scheduling of the establishment of LINKs and the overlap with the existing arrangements. I hope that Members will be reassured by our proposed changes and what I have said about them.