HL Deb 18 July 2000 vol 615 cc939-40

17 Clause 6, page 5, line 9, at end insert— ("( ) The powers of the Secretary of State under this Part to give directions include power to give directions as to matters connected with the structure and organisation of the Commission, for example—

  1. (a) directions about the establishment of offices for specified areas or regions;
  2. (b) directions as to the organisation of staff into divisions.")

Lord Hunt of Kings Heath

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 17. I shall speak also to Amendments Nos. 18, 19, 21, 23, 24, 49, 204, 205 and 206.

Amendment No. 17 enables the Secretary of State to issue directions to the national care standards commission about organisational and structural matters. Clause 6(2) provides powers of direction relating to the commission's functions. These might be used, for instance, to require the commission to deal with applications for registration and representations against its proposals within strict time limits or to set up a complaints procedure for people to use if they are unhappy with how the commission has carried out its responsibilities.

We may also need to give directions to the commission about its structure and organisation. We hope that in practice those directions will not be necessary, but we consider it important to make it clear that powers of direction over the commission extend to giving directions about its structure and organisation.

Amendments Nos. 18, 49 and 204 are minor changes Amendment No. 18 corrects a typographical error. Amendment No. 49 reproduces in Part III the commission's power to advise the Secretary of State about the standards that exist for Part II services in Clause 7. Amendment No. 204 clarifies the wording of the Schedule 1 provision that allows for the National Care Standards Commission, the General Social Care Council and the Care Council for Wales to contract with individuals not on their own staff to undertake work. That might include engaging expert advisers to assist with inspection work rather than having to employ them full time.

Finally, Amendments Nos. 19, 21, 23, 24, 205 and 206 are minor changes to ensure that the Bill properly and accurately reflects the position in Wales. Amendments Nos. 19, 21, 23 and 24 give the Welsh Assembly the same powers as the Bill already provides for the National Care Standards Commission in respect of general functions and inquiries. Amendments Nos. 205 and 206 tidy up a duplicating reference. Under Section 144 of the Government of Wales Act, provision is made for the Secretary of State for Wales to have powers to make provision for accounts, auditing and so on for Welsh public bodies, which would include the Care Council for Wales. As specific provision is already made for these matters in Schedule 1, these amendments disapply Section 144 in respect of the Care Council for Wales.

Moved, That the House do agree with the Commons in their Amendments Nos. 17 to 19.—(Lord Hunt of Kings Heath.)

On Question, Motion agreed to.