Health Bill [HL]

Amendment 81 requires the Secretary of State to lay a report before Parliament along with the notice of his final decision. Having listened carefully to the concerns raised, I hope that I can assure the noble Earl and the noble Baroness that the amendment is not necessary and set their minds at rest. First, the Secretary of State has a duty to take into account the report of the trust special administrator when he makes his final decision. In making the decision, the Secretary of State is under a duty to act reasonably and to take into account any relevant information in doing so in accordance with the ordinary principles of public law. He will have to have good reasons for departing from the trust special administrator’s recommendations. The Bill requires the Secretary of State to publish the trust special administrator’s final report and lay both the draft and final reports before Parliament. It also requires the Secretary of State to lay the decision before Parliament, which means that Parliament will of course be able to scrutinise this decision through its usual mechanisms. I hope that I have been able to reassure the noble Earl and the noble Baroness that there is a duty on the Secretary of State to lay the draft and final reports of the trust special administrator as well as the decision before Parliament.