My Lords, I added my name to the noble and learned Baroness’s amendment for all the reasons that she has given. Never say never; in fact, let us say, “Let’s get on with it”—but let us get on with it in an appropriate way, which must include consultation. Jeremy Oppenheim’s review made very clear the lack of understanding of processes and the variability in standards across the mechanism. I found myself thinking, “Well, no wonder, because it is such a loose process that it is quite difficult to get to grips with”. When I first heard of it, a few years ago, it took me some time to understand just what this was about, given that it is so lacking in obvious governance arrangements and so in need of something against which one could appeal if one was dissatisfied with an outcome.
The two paragraphs—there may be more—of the NRM review that refer to the possibility of a statutory basis do not actually put it out of the question. Paragraph 8.2.14 says that,
“we believe strongly that to put the National Referral Mechanism on a statutory footing now would not guarantee”,
remedying the flawed system. At paragraph 8.3.1, it says:
“Although there is much support for … a statutory footing or providing a right of appeal, these may not be necessary if we have a well governed National Referral Mechanism”.
The prospect is certainly not dismissed by the reviewer.
4.45 pm
I very much agreed with what the noble Lord, Lord Warner, said about the potential conflict of interest, which is addressed in subsection (3) of his amendment. Of course, the review gives figures that support the proposition, quite apart from the conflict of interest. I also agree with him about the possible approach to Clause 48. I prefer this approach.
Like others, I want to see the NRM as a multidisciplinary framework—I very much like that about the review’s approach—and not as a straitjacket. I hesitate to use this analogy, but if it is not a straitjacket—and it should not be—at the moment, frankly, it feels rather more like a loose-fitting cardigan with a little bit of unravelling here and there. I say to my noble friend, if the Government cannot agree the basis now, please do not close the door. Please leave the opportunity to get on with the work. Obviously this door would never be closed completely, but to put enabling provisions into the Bill would enable us to build as fast as possible on the recommendations of the review and move towards a statutory basis, perhaps having done a little more work by way of consultation as the noble and learned Baroness suggested.