My Lords, I very much appreciate the Minister's comments and his explanation. I respect his position, but we are left with what many would see as an anomalous situation with regard to the functioning of the NHS. On the one hand, there will be a duty to have regard to the constitution but, on the other hand, there is no duty whatever to have regard to what the constitution means in practice. From a legal standpoint, we have in the handbook a statutory document which the Secretary of State has a duty to revise from time to time but the document has absolutely no standing or force if the Bill is left as it is. I am still baffled by that and my bafflement stems ultimately from the contradictory signals sent out by the department over the past few months in the contrast between what the Minister has told us at the Dispatch Box and what the department has said elsewhere, whether on its website or by means of the Bill’s construction and drafting. Nevertheless, it is not appropriate to press the matter. I am happy to engage in further discussions with the Minister between now and the next stage of the Bill, and I beg leave to withdraw the amendment.
Amendment 3 withdrawn.
Health Bill [HL]
Proceeding contribution from
Earl Howe
(Conservative)
in the House of Lords on Tuesday, 28 April 2009.
It occurred during Debate on bills on Health Bill [HL].
Type
Proceeding contribution
Reference
710 c136 
Session
2008-09
Chamber / Committee
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