Health Bill [HL]

My Lords, Amendment 15 proposes that, ""the Secretary of State shall consult persons … as in all the circumstances he may consider appropriate"," on any revisions of the handbook. In our previous debate on Amendments 3, 7 and 8, which proposed that bodies be under a duty to have regard to the handbook as well as the constitution, I clarified our intentions behind the purpose and status of the handbook, although I promised that I would look at it again. Just as it would be incongruous to impose a duty on bodies that must have regard to the constitution also to have regard to the handbook, it would be disproportionate to impose a formal duty to consult on any revisions to the handbook. I agree with the noble Earl that any significant changes to policy or law that affect the handbook are likely to trigger consultation requirements in themselves, either by virtue of statute or because there will be an expectation that we should consult or comply with the Government’s code of practice on consultation. For this reason, we have chosen not to oblige the Secretary of State to consult again before amending the handbook, even for significant changes. The Secretary of State may need to make minor technical or legal changes to the handbook at any time to reflect current departmental policy or changes in the law. It certainly would not be proportionate to have to consult on a change of this kind. For the handbook to be useful as an explanatory guide for patients, public and staff, it is important that it should remain a live document that is constantly kept up to date. We want it to be as helpful as possible. A duty to consult on all changes, however minor, would impede this. The intention behind the three-yearly reviews of the handbook is to assess whether it continues to be fit for purpose for patients, public and staff, as we debated in Grand Committee. For these reviews we will, of course, continue to involve on an informal basis those patients, public, staff and other stakeholders—as the noble Earl suggested—who were involved during the development of the handbook. We will do this to ensure that the handbook continues to be a relevant and useful document. This approach has been supported by stakeholders; one example is UNISON. Again, I reassure noble Lords that the constitution cannot be amended via revisions to the handbook. Noble Lords will be aware of our previous debates. We have to ensure that the process for consulting on the constitution is robust. I hope I have reassured noble Lords that while we fully intend to involve patients, public and staff as necessary in each review of the handbook, we do not feel that it is necessary to impose a formal duty on the Secretary of State to do so. Once again, I hope I have reassured the noble Earl and that he will withdraw his amendment.