HL Deb 19 November 2003 vol 654 c2025

4 Clause 3, Leave out Clause 3 and insert the following new Clause—

"General duty of the regulator

The regulator must exercise its functions in a manner that—

  1. (a) is consistent with the performance by the Secretary of State of the duties under sections 1, 3 and 51 of the National Health Service Act 1977 (c. 49) (duty as to health service and services generally and as to university clinical teaching and research), and
  2. (b) has regard to the impact of an NHS foundation trust on the local health economy."

The Commons disagree to this Amendment but propose the following Amendment to the words so restored to the Bill—

4A Page 2, line 3, leave out "his" and insert "its"

Lord Warner

My Lords, I beg to move that the House do not insist on its Amendment No. 4 to which the Commons have disagreed and do agree with the Commons in their Amendment No. 4A to the words so restored to the Bill.

I want to make a speech of a couple of sentences and read out the vote on the amendment in the Commons. Three hundred and forty-six Members of the other place voted to restore the changes, with 242 against. If that is not the will of the Commons being very clearly expressed, I do not know what is.

Moved, That the House do not insist on its Amendment No. 4 to which the Commons have disagreed and do agree with the Commons in their Amendment No. 4A to the words so restored to the Bill.—(Lord Warner.)

4B Lord Clement-Jones had given notice of his intention to move, as an amendment to the Motion that the House do not insist on its Amendment No. 4 and do agree with the Commons in their Amendment No. 4A to the words so restored to the Bill, leave out from "House" to end and insert "do insist on its Amendment No. 4".

The noble Lord said: My Lords, the only reason for my rising is so that the Minister does not win the moral argument. The vote may have been as it was in the Commons after all the excitement of votes on Clause 1 and Schedule 1. However, there remains a concern about the impact of foundation trusts on the local health economy and that is precisely why the Government achieved the low majority in the other place. It is also why this House remains concerned and why the previous vote went the way that it did. However, in these circumstances, I shall not move my amendment.

[Amendment No. 4B not moved.]

On Question, Motion agreed to.