Health Bill [HL]

Amendment 13 proposes that the Secretary of State consult local authorities on any revision of the constitution where they are affected. Amendments 15 to 21 all propose that particular groups must be consulted during each 10-year review of the constitution. Amendment 31 proposes that the Secretary of State’s three-yearly report on the effect of the constitution considers the effect on carers in addition to patients, staff and members of the public. Amendment 14 would place a duty on the Secretary of State to publish a report on the results of future consultations on any revision of the NHS Constitution. I understand the intention behind these amendments but it is important to give some context for the current intention as it is set out in the Bill, and to explain that each of these groups is captured in the current drafting of Clause 3. Amendment 13, tabled by the noble Baronesses, Lady Barker and Lady Tonge, proposes that local authorities be specifically consulted on any revision of the constitution. I shall clarify the purpose of the interim revisions to the constitution to reassure the noble Baronesses that those who are affected by any revision will indeed be consulted. The constitution is intended to be an enduring document, and any substantial changes should be made as part of the 10-year review. However, it is possible that changes in law or departmental policy will cause parts of the constitution to become out of date. We do not believe that it would be right to wait until the next 10-year review before making such relatively minor revisions, which is why we have made provision in the legislation for the Secretary of State to revise the constitution. Clause 3(3) ensures that the Secretary of State will be under an obligation to consult those who would be affected by any revision. He must consult, "““other persons as appear to the Secretary of State to be affected by the proposed revision””." That would include local authorities, where they are affected. We have deliberately chosen not to specify which bodies must be consulted on revisions to the constitution, as there may be some revisions that are not relevant to them. We do not believe that it would be logical to impose a legal obligation on the Secretary of State to consult specific bodies if the proposed revision did not affect them in any way. However, I reassure the Committee again that where a revision affects certain bodies, it is fully our intent to consult them.