§ Mr. Parryasked the Secretary of State for Social Services if there is an appeal procedure available to persons who are disqualified from sitting on regional and area health authorities.
§ Mr. Patrick JenkinOnly in certain circumstances. In the case of a person disqualified from appointment to a health authority by virtue of regulation 8(1)(c) of the National Health Service (Health Authorities: Membership) Regulations 1979 (SI 1979 No. 738)—a person who has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health authority—the disqualification is permanent and there is no appeal. Disqualifications by reason of criminal conviction, bankruptcy or removal from a list prepared under the 151W provisions of section 46 of the National Health Service Act 1977 are subject to time limit or are otherwise removable. Where the authority terminating a person's tenure of office disqualifies that person for a period of time, the period of disqualification may be reduced on appeal to me.
§ Mr. Parryasked the Secretary of State for Social Services what are the grounds on which a person appointed to membership of a regional or area health authority may be disqualified.
§ Mr. Patrick JenkinA person shall be disqualified for appointment as chairman or member of a health authority if he or she:
- a. has within the preceding five years been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of not less than three months without the option of a fine; or
- b. has been adjudged bankrupt or has made a composition or arrangement with his creditors; or
- c. has been dismissed, otherwise than by reason of redundancy, from any paid employment with any body specified as a relevant body in section 109 of the Act; or
- d. has had his name removed from any list prepared by virtue of Part II of the Act, under the provisions of section 46 of the Act, and has not subsequently had his name included in such a list; or
- e. is a person whose tenure of office as chairman or member of a health authority has been terminated—
- i. in the interests of the health service;
- ii. for prolonged non-attendance at health authority meetings;
- iii. because of voluntary retirement or resignation frou employment with a health authority;
- iv. because of failure to comply with the statutory requirements to declare a pecuniary interest in health authority proceedings.
§ Mr. Parryasked the Secretary of State for Social Services if he will amend the National Health Service (Regional and Area Health Authorities: Membership and Procedure) Regulations 1973 so that persons dismissed from their employment as a result of trade union activities are not disqualified from serving as members of regional or area health authorities.
§ Mr. Patrick JenkinRegulation 8(1)(c) of the National Health Service (Health Authorities: Membership) Regulations 152W 1979 (SI 1979 No. 738) provides that a person shall be disualified for appointment to a health authority if he or she has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health authority or similar body. These regulations do not further specify the causes of dismissal from paid employment, for the purposes of disqualification for membership of a health authority. I shall be reviewing these regulations shortly in the light of changes which will be necessary consequent on the enactment of the Health Services Bill.
§ Mr. Parryasked the Secretary of State for Social Services what time limit there is to disqualification from regional and area health autorities under current provisions.
§ Mr. Patrick JenkinPeriods of disqualification vary according to circumstances. A person who has, within the preceding five years, been convicted of an offence and has had a sentence of not less than three months imprisonment passed on him is disqualified.
A person who is adjudged bankrupt is disqualified until either his bankruptcy is annulled or until he is discharged with a certificate that the bankruptcy was caused by misfortune without any misconduct on his part or until a period of five years has elapsed from the date of his discharge without such a certificate.
A person who is dismissed, other than by reason of redundancy, from any paid employment with a health authority is disqualified permanently.
A person who has had his name removed from the list of medical and other practitioners prepared under Section 46 of the National Health Service Act 1977 is disqualified until his name is restored to the list.
Disqualification following termination of office—for example, if in the opinion of the appointing authority it is not in the interests of the Health Service that membership should continue, or for nonattendance at authority meetings, or for failure to declare a pecuniary interest—shall cease on the expiry of such period of not less than two years as the authority terminating the member's tenure of office may specify.
153W
§ Mr. Parryasked the Secretary of State for Social Services if he will make a statement on the decision of the Liverpool area health authority (teaching) not to accept the nomination to that body by the Liverpool city council of Councillor Robert Gregory, details of which have been sent to him by the hon. Member for Liverpool. Scotland Exchange.
§ Mr. Patrick JenkinAppointments to area health authorities (other than to the chairmanship) are made in part by regional health authorities and in part by specified local authorities in accordance with schedule 1 to the National Health Service (Constitution of Area Health Authorities) Order 1975 (SI 1975 No. 1099).
I understand that Councillor Robert Gregory was recently nominated for the Liverpool area health authority (teaching) by Liverpool city council. The city council has, I further understand, been advised that Councillor Gregory is disqualified for this appointment under the terms of regulation 8(i)(c) of the National Health Service (Health Authorities: Membership) Regulations 1979 (SI 1979 No. 738) which provides that a person should be disqualified for appointment as a member of a health authority if he or she has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health authority or similar body.