That is a fair point, and I acknowledge that we will need to consider tariffs and how services are provided and should be developed in future.
I was asked a couple of questions. The hon. Member for Romsey (Sandra Gidley) asked about the process that will take place. The timetable is that the call for evidence will begin within the next month, and the Department will seek feedback by the end of the year. A policy review will begin in the new year, which we expect to report to Ministers in the spring, and a formal Government consultation presenting the options for the most appropriate solution will then be brought forward. In due course, it will be for those dealing with the matter to bring forward legislation, and I look forward to doing so.
The hon. Member for Eddisbury asked me about the lack of a definition of a mental health foundation trust. He said that he had looked for it, but it is actually in the new clause. He is right that there is not a proper definition elsewhere, so we have included it in the new clause. I hope that he will see that a trust is included if""it appears to the regulator that it provides goods or services only or mainly for the prevention, diagnosis or treatment of any disorder or disability of the mind or for the benefit in any other way of people suffering from a disorder or disability of the mind.""
That is the definition that he seeks.
The hon. Gentleman asked about the judicial review. Our view was that it would be better to delay our review of the matter until after we had seen the view expressed by the courts. However, lawyers consider such things with a degree of care, and I have done so and taken the view that the courts would actually want to know how the Government propose to deal with these issues. I believe that it would therefore assist the courts if we set out how we propose to do so, so that the fact that we are conducting a review can be taken into account in any judgment that they reach in due course in relation to the judicial review. He asks whether we have changed our mind: yes, we have. Have we considered the matter again? Yes. Have we taken the view that we can go ahead with the change now? Yes, we have—I have taken advice from those who advise us and taken the view that we can move forward. [Interruption.] It was a lawyer’s examination of the issues, to reach a sensible conclusion based upon the evidence.
I am grateful for the indication that Conservative Members do not intend to oppose the new clause, and I hope that we will have the support of the Liberal Democrat Front Benchers.
Question put and agreed to.
New clause 13 accordingly read a Second time, and added to the Bill.
Health Bill [Lords]
Proceeding contribution from
Mike O'Brien
(Labour)
in the House of Commons on Monday, 12 October 2009.
It occurred during Debate on bills on Health Bill [Lords].
About this proceeding contribution
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2008-09Chamber / Committee
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