Key Facts

• Amendments 69, 70, and 71 aim to include provisions that mandate UK Minister consultation with devolved government ministers.
• Amendment 72 specifically outlines the requirement for legislative consent from Scottish Ministers, Welsh Ministers, and Northern Ireland Ministers before repealing or amending certain Acts and Measures.
• Clause 87 confers power on the Secretary of State to transfer functions between relevant bodies listed in clause 86.
• Amendment 69 seeks to ensure Scottish Ministers are consulted before a transfer of functions in reserved areas is carried out.
• The power allows moving existing functions around within the current landscape for greater flexibility, without removing services currently provided by ALBs.
• Clause 87 sets conditions that aim to improve efficiency, effectiveness, and patient outcomes.
• The statement addresses issues related to data, consultation, and consent.
• NHS Digital is being transformed into the Health and Social Care Information Centre.
• Clause 89(6) of the Bill is described as merely consequential but increases anxiety about potential regulatory changes without consultation or consent.
• Clause 86 specifies organisations that the Secretary of State can delegate or transfer functions to.
• Clause 87 allows for moving functions between organisations.
• Clause 88 provides for the Secretary of State to permit organisations to exercise functions on their behalf.
• Julie Elliott leads the discussion on multiple clauses in the Health and Care Bill.
• Clauses 89 to 92 are voted upon collectively.
• The vote results in 10 Ayes and 5 Noes.
• Amendment 127 replaces “Secretary of State” with “Chief Executive of NHS England”.
• Amendments 130 and 131 give a majority of non-executive members the power to remove a person from office, removing the Secretary of State's authority in this regard.
• Amendments 132 through 135 grant powers over remuneration for HSSIB non-executive members to the Chief Finance Officer of HSSIB.
• Clauses 90, 91, and 92 were not previously voted on.
• Voting is taking place to ensure all clauses are properly addressed in the Bill.
• Amendments 127 to 135 are considered.
• The Bill mandates safeguards for removing non-executive board members when necessary.
• Paragraphs of schedule 13 outline HSSIB's financial management responsibilities.
• The Healthcare Safety Investigation Branch was established in 2016 but lacks statutory backing.
• The Health Service Safety Investigations Bill was introduced in the House of Lords in 2019 but did not proceed due to a general election call.
• HSSIB’s work has been limited by funding pressures and lack of legal enforcement.
• Recommendations from HSSIB have sometimes not been acted upon due to cost considerations.
• The issue of accountability is close to Smyth's heart.
• The Health and Social Care Committee recommended Baroness Harding relinquish her Conservative whip in the House of Lords and gain professional experience before taking up her post.
• The appointment process for Executive agencies falls outside the purview of the Commissioner for Public Appointments, leading to concerns about scrutiny and accountability.
• Amendments 127 to 135 have just been debated.
• Justin Madders will move amendments 130 and 131.
• Amendments 127 to 129 and amendments 132 to 135 will not be pressed.
• Clause 94 covers investigations of incidents with safety implications in England during healthcare service provision.
• HSSIB's investigative function is not for assessing blame or civil/criminal liability.
• Recommendations are monitored informally by NHS Improvement, but there are concerns about the lack of a formal follow-up mechanism.
• HSSIB can request additional funding for investigations directed by the Secretary of State.
• The chief investigator may decline to carry out such investigations.
• The Secretary of State has no role once an investigation starts.
• Amendment 122 seeks to require a process for challenging HSSIB decisions not to investigate.
• The amendment aims to protect the independence of HSSIB while ensuring transparency.
• Edward Argar believes HSSIB should have autonomy to determine which incidents to investigate without formal challenge processes.
• Clause 95 gives the Secretary of State powers to direct HSSIB to carry out investigations.
• HSSIB can decide on its own priorities for investigating incidents based on referrals and intelligence.
• HSSIB is not bound to follow instructions but must explain if it deems them unnecessary.
• Amendment 123 seeks to insert provisions requiring HSSIB to consult specific groups.
• Edward Argar argues that leaving consultation decisions to HSSIB preserves its independence and flexibility.
• The amendment is withdrawn after discussion.
• The amendment would add a requirement for all final reports to be sent to the Secretary of State.
• A report must be laid before Parliament within 12 months after receiving each final report.
• The Joint Committee on the Draft Health Service Safety Investigations Bill recommended parliamentary accountability for HSSIB.
• Clause 97 deals with HSSIB’s final report following an investigation.
• The clause sets out what a report should include such as overall findings and analysis of what has happened.
• If the Secretary of State directed the HSSIB to undertake an investigation, HSSIB will be required to send a copy of the report to the Secretary of State.
• Clause 98 allows HSSIB to publish interim reports addressing urgent risks.
• Clause 99 requires HSSIB to share draft reports with those likely to be affected by the findings.
• Clause 100 mandates recipients of HSSIB reports to provide written responses within a specified timeframe.
• Amendment 125 is being moved to leave out subsection (6) of clause 102.
• Clauses 103 to 105 are discussed for their proposed inclusion in the Bill.
• Clause 102 deals with power of entry.
• Amendment 125 aims to modify the powers granted in clause 102(6).
• Clauses 103-105 provide compulsion for individuals to cooperate.
• The MP questions the need and application of these powers, especially concerning national security issues.
• Clauses 102-105 relate to HSSIB's investigatory powers.
• Clause 102 gives HSSIB power to enter and inspect premises in England if consent is not given, similar to other safety-critical industry bodies.
• The power of entry does not apply to private dwellings without consent.
• The Secretary of State can restrict the powers if deemed necessary for national security or operational needs.
• Amendment withdrawn.
• Clauses 102 to 105 ordered to stand part of the Bill.
• Further consideration adjourned till Thursday 21 October.