Local Government and Public Involvement in Health Bill

The direction of the noble Baroness’s amendment has taken me slightly by surprise. The Government signed the European Charter of Local Self-Government on 3 June 1997 and it was ratified on 24 April 1998. I am not sure that it would add anything to incorporate it in the Bill. However, I will read what the noble Baroness said and take advice. If I can answer her, I will write to her. The amendment would require the Secretary of State, when wishing to use the order-making power in Clause 106(7) to add or remove functions of the Secretary of State from the list of named partners, to have regard to the European charter. Clause 106(7) has been drafted in the way it has because the statutory basis of certain local service providers is a function of the Secretary of State. In an earlier amendment we gave the example of Jobcentre Plus as an agency created to fulfil a function of the Secretary of State. Other local or regional agencies may be created that use a similar ““Secretary of State”” formulation that is very useful. We may need in some instances to remove the present references to a Secretary of State’s functions if, for example, Jobcentre Plus were established with its own independent legal status. Before making such an order under Clause 106(7), the Secretary of State is required under Clause 106(8) to ensure that representatives of local government and other appropriate persons would be consulted. That approach is very much in the spirit of the European Charter of Local Self-Government. I am afraid that the amendments do not make sense. I understand the noble Baroness’s broad political point about incorporation, and will write to her on that.