Health Bill (Seventeenth sitting)
May I associate myself with the Minister’s comments and thanks to everybody who has been involved in working on the Bill? I have also enjoyed my time on the Committee, despite the heat. I hope that the Minister remains in place when we come back on Report, because she is a hard-working and thoughtful Minister and it is a pleasure to stand opposite her in the House in my place as my party’s spokesman. I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn. Clause 68 ordered to stand part of the Bill. Clause 69 ordered to stand part of the Bill. Clause 70 Extent Amendment made: 80, in clause 70, page 48, line 18, at end insert— “(2A) Section (Medical Devices Regulations 2002: mutual recognition agreements) extends to England and Wales and Scotland.”.—(Karin Smyth.) This is consequential on NC92. Clause 70, as amended, ordered to stand part of the Bill. Clause 71 Commencement Amendments made: 81, in clause 71, page 48, line 25, leave out “Section 63” and insert “The following”. This paves the way for Amendment 82. Amendment 82, in clause 71, page 48, line 26, at end insert “— (a) section 63 (Care Quality Commission: time limit for bringing proceedings); (b) sections (Regulations: reference to agreements and standards), (Medical Devices Regulations 2002: mutual recognition agreements), (Consultation about medicines and medical devices regulations), (Medicines and medical devices regulations: parliamentary procedure), (Medical devices: parliamentary procedure for certain fees regulations).”.—(Karin Smyth.) This provides for the new clauses listed to come into force 2 months after royal assent. Amendment proposed: 37, in clause 71, page 48, line 28, at end insert— “(3A) The Secretary of State may not make regulations under subsection (3) commencing section (1) until the conditions in subsection (3B) are met. (3B) The conditions are that— (a) the Secretary of State has published a document setting out the operating model for the exercise of functions by the Department of Health and Social Care following the abolition of NHS England (the "operating model document"); and (b) the Secretary of State has published a plan for the management of personnel affected by the abolition of NHS England and the transfer of its functions to the Department of Health and Social Care (the “workforce transition plan”). (3C) The operating model document must include— (a) a description of how each of the functions exercised by NHS England is to be exercised following its abolition; (b) the governance and accountability arrangements for the exercise of those functions; (c) the organisational structure of the Department of Health and Social Care as it will operate following the abolition; and (d) the proposed timetable for the transition. (3D) The workforce transition plan must include— (a) an assessment of the number of personnel whose employment is affected by the abolition of NHS England; (b) the arrangements for the transfer, redeployment or redundancy of affected personnel; and (c) proposals for consultation with recognised trade unions and staff representative bodies in connection with the abolition. (3E) Regulations to commence section (1) are to be made by statutory instrument and may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (3F) Before laying a draft instrument under subsection (3E), the Secretary of State must allow a period of at least 60 days beginning with the date of publication of the operating model document and the workforce transition plan (whichever is the later) before the draft instrument is laid. (3G) A period during which Parliament is dissolved, prorogued or adjourned for more than four days are not to count towards the 60-day period in subsection (3F).”.—(Dr Caroline Johnson.) This amendment would prevent the abolition of NHS England before the production of an operating model for the merged DHSC/NHSE and associated plan to manage personnel. Question put, That the amendment be made.