My Lords, I would hope that if the intention of the words that the amendment seeks to delete is as the noble Lord, Lord Leigh of Hurley, speculated, the Minister will stand up in response and say it loud and clear to get it on the record.
I did not intervene in the debate on Monday. I read Hansard subsequently and I, too, was left somewhat confused as to the Government’s position. So I looked at the Explanatory Notes, and they do not explain the significance or purpose of the words,
“and different amounts may be specified for different purposes”,
which rather seems to defeat the primary objective of a document headed “Explanatory Notes”. The notes refer only to what it is Clause 33(3)(f), which is a reference to a “reduction, waiver or refund”. I then looked at the Home Office factsheet on Clauses 33 and 34, which also remains silent on the intention of the words, except to say that those who have paid the surcharge will be able,
“to access free NHS care to the same extent as a permanent resident, subject to some exceptions for particularly expensive discretionary treatments”.
I then looked at the letter we all received from the noble Earl, Lord Howe, dated 6 March, in the hope that the Department of Health might be able to throw some light on this, but the letter provides no help on the purpose or intention behind these words, which this amendment seeks to delete—although obviously the amendment has been tabled with a view to getting an explanation from the Minister as to what this means.
I then looked at what the Minister said on Monday. I came to the conclusion that the Minister, too, was unable to tell us why these words are in Clause 33. He said on Monday that those who have paid the levy will be allowed the same access to all health services,
“as is available to a permanent resident”.—[Official Report, 10/3/14; col. 1573.]
As the noble Lord, Lord Avebury, pointed out, Clause 33(4) states:
“In specifying the amount of a charge under subsection (3)(b) the Secretary of State must … have regard to the range of health services that are likely to be available free of charge to persons who have been given immigration permission”.
The Minister also said on Monday that when the Bill was initially implemented, it was the Government’s,
“clear policy intention that there will be no further charges for treatments”.—[Official Report, 10/3/14; col. 1572.]
But the Minister accepted that this policy stance was not in the Bill. He said that the Government,
“will clarify the position on implementation”.—[Official Report, 10/3/14; col. 1575.]
Frankly, the Government should be clarifying what their Bill means today. Will the Minister now indicate what the words,
“and different amounts may be specified for different purposes”,
are actually intended to mean, and will he give some concrete examples? What different amounts and for what different purposes do the Government have in mind? Is Clause 33(3)(b) simply some sort of ghost paragraph that the Government think may come in handy at some time in the future for purposes about which they are currently unclear? Can the Government’s present position on why and at what stage these words in the Bill will be applied can best be summed up as, “Don’t know where, don’t know when”?
I hope that the Minister can today give us clear reasons—which is what the noble Lord, Lord Patel, asked him to do—as to why these words are needed in the Bill and clear up the confusion that I think a number of Members of the Committee, both those who intervened in the debate on Monday and those who subsequently read Hansard, feel exists at present.
6.30 pm