Health and Social Care Bill

Baroness Andrews Excerpts

Wednesday 2nd November 2011 Lords Chamber

[Baroness Jolly]

My Lords, I am hugely grateful for the position where we now find ourselves. I am in total agreement with the previous speakers that we need to move this issue on, take back Clauses 1 and 4, use the same sort of language, and bring the matter back on Report. I should like to put on record how I am totally in awe of the work of my noble friend Lady Williams in this regard. We have also been hugely helped by the clear thinking of the noble Lord, Lord Marks of Henley-on-Thames.

While I am thanking people, I should also like to say how much I welcomed the approach of the noble and learned Lord, Lord Mackay of Clashfern. We should recognise the amount of work he put into his amendment. It was useful to take a fresh approach to what was becoming a thorny problem and bring to the House new language to look at, because, for reasons that we have already rehearsed, we were not too happy with the proposals. One of the matters that I should like the Minister to take back with him—here I borrow some language from the noble Lord, Lord Hennessy, which I think he used at Second Reading—is consideration of whether we can maintain the DNA of the Bill when producing the new work that will come before us on Report.

From these Benches, I repeat that we need a reworked clause with completely unambiguous language that will reflect the duties of the Secretary of State for the 21st century and the new NHS that we are trying to forge.

[Baroness Andrews]

My Lords, I think I can add the support of these Benches to the extraordinary way in which this matter has been resolved. It is a great tribute to my noble friend Lady Thornton, who has led so many of the debates across this House, during which many aspirations have been drawn out, problems identified and voices collected. The Minister responded clearly to what the noble Baroness, Lady Williams, expressed so well: the peculiar trust and confidence that is held in the National Health Service in this country and how careful we must be in our processes to honour that expectation and trust, so that clarity on the legal responsibilities and the future of the NHS is absolutely secure.

[Lord Mawhinney]

My Lords, I would not presume to speak for my noble colleagues on these Benches, but it seems to me right that someone who would be openly classified as a supporter of this Government should rise to say thank you to my noble friend for his statement, which finds support not only on the Benches opposite or on the Lib Dem Benches but, I presume, on these Benches also. I say that as someone who has actively taken part in the proceedings thus far.

My personal view is that this House owes a debt to the Minister. I would guess that it was not necessarily the case that all of his colleagues immediately jumped to the same conclusion as him, but he jumped to it having listened to the debate last week. We should express our appreciation not only for the fact that he jumped to that conclusion but for the tone that he has set in delivering it. If that tone prevails during the rest of Committee we will all be the better for it and, much more importantly, the country and the National Health Service will be the better for it.

I have one substantive comment to make to my noble friend. None of us will want to question in any way the professional expertise of the legal profession. I am sure that it is to the benefit of the House that legal minds apply themselves to trying to find a way forward that would be broadly acceptable. I say gently to my noble friend that this is also about medicine and the delivery of medical care and, if he would permit me to use a not very fashionable word, it must also be seen in a political context. Those are aspects of the deliberations which I hope that he will bear in mind, and not simply adhere to the consensus legal opinion, no matter how good or persuasive it may be, before that is tested in both the medical and the political world.