I shall speak also to Amendment 25. We read in Clauses 3 and 4 that the Secretary of State has to ensure that both the NHS Constitution and the handbook, "““continues to be available to patients, staff and members of the public””."
The amendments ask the basic question of what exactly is meant by this. The people who are going to need the NHS Constitution the most—that is, the people who are most going to need to rely on the rights and pledges it contains—are those members of society who are in some way disadvantaged and whose voice is less loud: the elderly, the disabled and the very sick. If those groups are not aware of what the constitution says and how it can help them, then the benefits that we all hope will flow from the constitution will be considerably diluted.
Awareness here is surely key. If we agree about that, we must also agree that both the constitution and the handbook have to be not just ““available”” but easily accessible to everyone who has a need or potential need to know and understand their contents, especially vulnerable groups. People have to know what their rights are and how they can challenge poor treatment if they receive it. They need to have things rapidly put right whenever mistakes are made. Therefore, it is essential that the availability of the constitution and the handbook is not dependent on chance or on people scouring the NHS for it.
I think back to the Patient’s Charter, which in its time was a good initiative. However, its effectiveness rather fizzled out because the incoming Labour Government did not put their weight behind it and, as a result, everyone forgot about it. Essentially, it disappeared off people’s radar. The Minister will no doubt say that the Patient’s Charter cannot really be compared with the NHS Constitution because, for one thing, it was not backed up in statute. I understand that distinction but my point is that, whether or not a constitution or a charter is backed up in statute, it is as good as useless if it is not promulgated to those whom it is meant to help—that is, the people who deliver and are in receipt of services. That applies not just to a few but to every household in the land, and it is an ongoing process—something that has to be kept up year after year.
I should like to hear from the Minister how it is envisaged that the constitution will be made available, to use the word in the Bill. I am not altogether happy with that word; I should have preferred ““accessible”” but I have gone for the phrase ““readily available”” to give a sense that the availability is not just dependent on consumer or user ““pull”” but also requires some ““push”” from the provider or commissioner end. I beg to move.
Health Bill [HL]
Proceeding contribution from
Earl Howe
(Conservative)
in the House of Lords on Monday, 23 February 2009.
It occurred during Debate on bills
and
Committee proceeding on Health Bill [HL].
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2008-09Chamber / Committee
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