Health and Social Care Bill

My Lords, I thank all noble Lords who have taken part in this debate. It is a very useful start to the Committee stage and consideration of this Bill. I want to say to noble Lords who began their remarks by suggesting that somehow or other this was not an appropriate amendment to put down that this is the Committee stage. It is entirely appropriate to look at a preamble and principles that should inform the rest of the Bill. I want to thank noble Lords for all their remarks—particularly the noble Lord, Lord Hennessey, my noble friend Lady Donaghy, my noble friend Lord Rea and the noble Baroness, Lady Morgan, for their very wise words. The noble Baroness, Lady Jolly, said the constitution is a good constitution. If that is so, why should it not be in the Bill? Indeed, at 80 minutes into this discussion the noble Baroness also said that we might be wasting the time of the House; that it was not sensible to prolong the debate. I think the debate has shown the noble Baroness, Lady Jolly, that it was a discussion worth having. I hope that when the Liberal Democrats do not feel comfortable about things we propose from these Benches they will not suggest we are prolonging the debate. The noble Earl, Lord Listowel, made very important points about the principles of trust and the principles that should underpin this Bill. I take comfort from the questions the noble Earl raised. I thank the noble Lord, Lord Mawhinney, for his good sense until he reached his conclusion, of course. There is nothing wrong with repeating good things in a Bill. In fact this House spends a lot of its time putting things into Bills that are repetition of what has gone before. The noble Baroness, Lady Finlay, made a very wise speech. She said our NHS is the envy of the world and that is indeed true. She also made a very good point about the importance of the statement of principles and what it might achieve. We think that this is a good statement of principles, drawing on a variety of sources, and I shall probably test the opinion of the House on it. However, if we fail on this occasion, I should be very happy to work with the noble Baroness and any other noble Lord to find another form of words which we might bring back at a later stage of the Bill—indeed, the noble and learned Lord, Lord Mackay, might have given us the drafting. The noble Lord, Lord Ribeiro, said that it was motherhood and apple pie. There is a mixture of messages here, but I actually think that motherhood and apple pie are really rather good. The noble Lord spoke about entering the market. As I made clear in my opening remarks, the part of the amendment which refers to the market addresses the priorities and principles that should be used to underpin the future of the NHS. If those priorities and principles are applied clearly, they are not the market in those terms. I took some comfort from the remarks of the noble Baroness, Lady Barker, because she knows that we have been round this course on many occasions. The noble Lord, Lord Owen, prayed in aid Bevan and Beveridge, and I thank him for his support. To the noble Lord, Lord Phillips of Sudbury, I say that it is clear my charm offensive is not going to work on his Benches, which I regret. However, if he wishes to raise the issue of the number of pages in this legislation and its supporting documentation, he probably needs to address those remarks to the Minister and not to me. The noble Lord, Lord Alderdice, misunderstood the point about the constitution. I do not know which light he thinks the amendment seeks to shut off, because we think that it provides us with a broad base of principles. The Minister provided his usual forensic interpretation of the amendment. I had a great sense of déjà-vu, because all the arguments that he used against it were exactly those that I had heard my noble friends use against having a statement of principles or preamble in a Bill when they were Ministers.