Health Bill [HL]

My Lords, I strongly support Amendment 6 and the later amendment, not only in relation to the medical or surgical side of the profession but also in relation to nursing. In recent years, much more nursing training has been provided outside the NHS. In the olden days, the training was mainly in hospitals, but it is now in many cases quite substantially provided in universities. This leads to the difficulty that has been mentioned about the listed bodies. In Clause 2(2), we have the list of bodies, but what the bodies are to do is told to us in Clause 2(1), which says: ""Each of the bodies listed in subsection (2) must, in performing its NHS functions, have regard to the NHS Constitution"." Clause 2(3) defines what is meant by "NHS function". It means, ""any function under an enactment which is a function concerned with or connected to the provision, commissioning or regulation of NHS services"." I am inclined to think that most universities will be under an enactment of some kind. Under that enactment, they are providing education. That would be part of the provision of NHS services, because the education qualifying people to take part would fall into that category. The Bill does not say a health enactment; it just says "an enactment". I think that universities would qualify. As an honorary fellow of some of the medical royal societies, I feel that these societies are in more of a difficulty, because most of them are not governed by an enactment; they are usually set up and governed by royal charter. Certainly, that is my understanding. Therefore, there is some slight technical difficulty about fitting them into the list. I have no doubt that, if the Minister was prepared to agree to accept this in principle, his advisers would quickly put in place the necessary adjustment to take account of it. I just mention it in case it might be overlooked—although I do not think that the Minister would overlook it—or looked on as a fundamental difficulty, because I think that it is a difficulty that can be overcome. If the training of staff who are going to be members of the health service is undertaken by institutions other than NHS institutions, it is important that the spirit and ethos of the NHS and its constitution should be ingrained in them as part of the initial training. Therefore, I am strongly in support of Amendment 6. I also support the amendment on innovation, with which I have not noticed any technical difficulty.