Health and Social Care Bill

I am grateful to my noble friend for at least a little more than half a loaf in this area; indeed, it would be churlish of me not to recognise that I have about two-thirds of a loaf. However—there is always a ““however””—there is a real issue about Amendment No. 29. What did the Government mean in the consultation document of November 2006 and, perhaps more significantly, in the Secretary of State’s response in October 2007, where he clearly shows in the diagram that I mentioned that there is a shared responsibility between strategic health authorities and the independent regulator? I find it difficult to believe that, for the regulator, that shared responsibility goes only as far as drawing public attention to concerns that it may have in an area such as commissioning. However, as I understand what my noble friend is saying, that amounts to the Government’s position. I cannot see how that position is sustainable if, in any part of the country, after the persistent failure—the noble Baroness, Lady Murphy, mentioned a particular case—of a PCT or collection of PCTs and their associate SHA, the regulator is unable to take more direct action than simply drawing the attention of the Secretary of State or the public to the matter. I will look carefully at what my noble friend and other noble Lords have said and think further about Amendment No. 29, but I cannot at this point guarantee that I will not bring an amendment back at a later stage. I beg leave to withdraw the amendment. Amendment, by leave, withdrawn.