I feel it is worth just spending a minute or two on Clause 14 as a whole, because listening to Ministers and reading what they have to say on this topic, I know that there is no doubt that they set great store by it. I hope that they are right to do so; but I have to say, without wishing to belittle the good intent that Ministers have, which I am sure is genuine, that it may prove to be of only limited benefit.
Certainly the code of practice in its latest draft version provides a large number of key headings for managers and clinicians, but it is to a great extent up to individual trusts to fill in the detail below those headings and of course to ensure that appropriate prescriptions are implemented on the ground. It seems to me that without more detailed practical guidance that pulls together best practice from across the NHS and the independent sector, the code only gets us part-way along the road. I do not suggest that this legislation, or even regulations, should contain an infection-control reference manual; that would be inappropriate. But the need for such a manual, upon which detailed practical training can be based, is to my mind clear-cut, and it is a pity that the health service does not yet have one. I am aware of the web-based advice that can be accessed, but I wonder about the extent to which it is used as a tool for mandatory training purposes.
The other issue that arises from Clause 14 is a more basic one. Why does the Bill need to include these ministerial powers in the first place? That may seem like rather an odd question, but I recall very well debating what is now the Health and Social Care (Community Health and Standards) Act 2003. Section 46 of that Act gives the Secretary of State the power to publish,"““statements of standards in relation to the provision of health care””."
What is the difference between a statement of standards and a code of practice? I would be hard put to it to distinguish the two, which is why I ask why we need Part 2 of this Bill to introduce what is effectively a statement of standards in relation to hospital hygiene. Why could not the code have been introduced under the powers contained in the 2003 Act?
Health Bill
Proceeding contribution from
Earl Howe
(Conservative)
in the House of Lords on Monday, 15 May 2006.
It occurred during Debate on bills
and
Committee proceeding on Health Bill.
About this proceeding contribution
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682 c44-5GC Session
2005-06Chamber / Committee
House of Lords Grand CommitteeSubjects
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