Health Bill [Lords]

We certainly need to ensure that we do not have another Mid Staffordshire hospital situation and that the CQC, which has now replaced the Healthcare Commission, can produce reports on individual hospitals, receive references from individuals who feel that there are problems in particular trusts and act upon those references. I do not believe that we need to enshrine that in the constitution, but we do need to ensure that we can deal with issues such as that at Mid Staffordshire quickly. In the Bill, we have ensured that unlike in the past, and unlike what recently happened in Mid Staffordshire, when a problem arises Ministers will have the ability to call upon Monitor to de-authorise a foundation trust, which will ensure that they can take action. We feel some sympathy with the hon. Gentleman’s sentiments, but we believe that enshrining the matter in legislation in the way that he proposes is unnecessary. The involvement of the CQC and the NPSA will be important elements in the process. In determining whether it is necessary to amend the constitution, we will consider a range of factors, including changes in departmental policy or the law. Patient safety and clinical quality are central to everything that the NHS does. The rights contained in the constitution already reflect that. We introduced the constitution and we want to ensure that it works. We do not want it to become a lawyer’s charter. We want it to be effective and we want to ensure that the Government are the Government—and, indeed, the party—that protect and defend the NHS. Question put, That the amendment be made. The House divided: Ayes 190, Noes 285.