Written Statement of 2 March 2004

HEALTH DEPARTMENT

  Health Care Practitioners
  The Minister of State, Department of Health (Mr. John Hutton)
  In the interest of public safety, we have today published two consultation papers on the statutory regulation of healthcare practitioners. The papers seek views on the extension of regulation to a wider range of healthcare staff and on proposals for the statutory regulation of herbal medicine and acupuncture practitioners.

  A related consultation paper on the reform of the regulation of unlicensed herbal remedies made up to meet the needs of individual patients has also been published today by the Medicines and Healthcare products Regulatory Agency.

  Copies of the three consultation papers have been placed in the Library.

  NHS Pharmaceutical Services
  The Minister of State, Department of Health (Ms Rosie Winterton)
  I have today placed in the Library copies of the executive summary of the report of the advisory group on the reform of the NHS (Pharmaceutical Services) Regulations 1992. It is also available on the Department's website at:http://www.advisorybodies.doh.gov.uk/pharmacy regulationconsultation/advisorygroup.htm

  The Government are considering the group's advice carefully and will make further announcements as soon as possible. We will publish the report in full when we publish changes to the Regulations later this year.

  I have also placed in the Library copies of the summary of responses, which was published on Monday 1 March, to the consultation on "A Vision for Pharmacy in the New NHS". It is available on the Department's website at: http://www.dh.gov.uk/consultations/responsesto consultations/fs/en

CONSTITUTIONAL AFFAIRS

  Lord Chancellor (Ecclesiastical Functions)
  The Parliamentary Under-Secretary of State for Constitutional Affairs (Mr. Christopher Leslie)
  I should like to make a statement on the Government's approach to certain functions of the Lord Chancellor in the light of responses to the consultation document "Constitutional Reform: Reforming the office of Lord Chancellor". A summary of the responses was published on 26 January. Last week my right hon. and noble Friend the Secretary of State for Constitutional Affairs, Lord Falconer of Thoroton, introduced a76WS
  Constitutional Reform Bill into Parliament. The Bill provides for the abolition of the office of Lord Chancellor, as well as for the establishment of a Judicial Appointments Commission, and the creation of a Supreme Court, and will, where necessary, make statutory provision to give effect to our approach.

  ECCLESIASTICAL PATRONAGE

  Since the fourteenth century, the Lord Chancellor, on behalf of the Crown, has exercised patronage in relation to a number of parishes and Cathedral Canonries. This patronage is administered with other Crown patronage through a combined office.

  With the abolition of the office of Lord Chancellor, the Government propose that the Lord Chancellor's patronage should revert to the Crown. Legislation is not required to achieve this. This reversion to the Crown will ensure administrative consistency and take full advantage of existing mechanisms and expertise. Respondents to the consultation and others have made clear how much they value the role of the Crown in a mixed pattern of patronage.

  OTHER ECCLESIASTICAL FUNCTIONS

  The Secretary of State for Constitutional Affairs, who has Ministerial responsibilities in relation to the Church, will assume the Lord Chancellor's role as Church Commissioner. Similarly, the Secretary of State for Constitutional Affairs will take the Lord Chancellor's role in relation to certain ecclesiastical judicial or legal appointments. Where these appointments concern a serving judge in the secular courts he will first consult the Lord Chief Justice. Relevant provisions will be included in the Constitutional Reform Bill.

  VISITATORIAL JURISDICTION

  The Sovereign is visitor at certain charitable institutions where no other visitor is named. By convention, the Sovereign's visitatorial jurisdiction is usually delegated to the Lord Chancellor. In addition, the Lord Chancellor holds the title of visitor to a number of organisations in his own right. In these cases the Lord Chancellor's visitatorial functions will revert to the Sovereign with the abolition of his office.

  For the future, proposals in the Higher Education Bill will remove the jurisdiction of the visitor over student complaints, the majority of visitorship issues. For other visitorship responsibilities we propose that the Secretary of State advise the Sovereign on a case-by-case basis and where appropriate appoint a suitably qualified person, such as a serving or retired judge, to undertake the function on behalf of the Queen. This change will not require primary legislation.

  CHARITABLE AND OTHER INSTITUTIONS

  The Lord Chancellor has a specific role in respect to a number of institutions and schools where he is mentioned in their governing documents. Unless specific action is taken, that absence of the office of Lord Chancellor could cause problems for some of these institutions. Some academic institutions will be affected by the change of visitor. In consultation, some of these institutions have indicated that they wish to amend their governing instruments to reflect the abolition of that office.
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  To assist such organisations, I am proposing to take a power in the Constitutional Reform Bill to be able to amend Charters, Orders in Council or other instruments as a consequence of the abolition of the office of Lord Chancellor.

  GREAT SEAL

  The Great Seal is used to signify the Royal Will and authenticate acts of the Sovereign or the Government acting in the name of the Monarch. As I made clear in the consultation document "Reforming the office of Lord Chancellor", his responsibilities in relation to the Great Seal are to transfer to the Secretary of State for
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  Constitutional Affairs, who is (after the Prime Minister) the principal source of advice on matters relating to the Crown, and who will have a specific duty to defend and uphold the independence of the judiciary.

  Appointments to the senior judiciary are made under the Great Seal. It is an important part of safeguarding the independence of the judiciary, and the new partnership with the executive, that the custody of the Great Seal can only be changed with a clear decision by Parliament through primary legislation. Provisions in the Bill make clear that custody of the Great Seal can only be moved away from the Secretary of State for Constitutional Affairs by primary legislation.

  Lord Chancellor: Ecclesiastical Functions
  The Secretary of State for Constitutional Affairs and Lord Chancellor (Lord Falconer of Thoroton)
  I should like to make a Statement on the Government's approach to certain functions of the Lord Chancellor in the light of responses to the consultation document Constitutional Reform: reforming the office of Lord Chancellor. A summary of the responses was published on 26 January. Last week I introduced a Constitutional Reform Bill into Parliament. The Bill provides for the abolition of the office of Lord Chancellor, as well as for the establishment of a Judicial Appointments Commission and the creation of a Supreme Court, and will, where necessary, make statutory provision to give effect to our approach.

  Ecclesiastical Patronage

  Since the 14th century the Lord Chancellor on behalf of the Crown has exercised patronage in relation to a number of parishes and cathedral canonries. This patronage is administered with other Crown patronage through a combined office.

  With the abolition of the office of Lord Chancellor the Government propose that the Lord Chancellor's patronage should revert to the Crown. Legislation is not required to achieve this. This reversion to the Crown will ensure administrative consistency and take full advantage of existing mechanisms and expertise. Respondents to the consultation and others have made clear how much they value the role of the Crown in a mixed pattern of patronage.

  Other ecclesiastical functions

  The Secretary of State for Constitutional Affairs, who has ministerial responsibilities in relation to the Church, will assume the Lord Chancellor's role as Church Commissioner. Similarly, the Secretary of State for Constitutional Affairs will take the Lord Chancellor's role in relation to certain ecclesiastical judicial or legal appointments. Where these appointments concern a serving judge in the secular courts he will first consult the Lord Chief Justice. Relevant provisions will be included in the Constitutional Reform Bill.

  Visitatorial Jurisdiction

  The Sovereign is visitor at certain charitable institutions where no other visitor is named. By convention, the Sovereign's visitatorial jurisdiction is usually delegated to the Lord Chancellor. In addition, the Lord Chancellor holds the title of visitor to a number of organisations in his own right. In these cases the Lord Chancellor's visitatorial functions will revert to the Sovereign with the abolition of his office.
  WS 52
  For the future, proposals in the Higher Education Bill will remove the jurisdiction of the visitor over student complaints, the majority of visitorship issues. For other visitorship responsibilities we propose that the Secretary of State advise the Sovereign on a case-by-case basis and where appropriate appoint a suitably qualified person, such as a serving or retired judge, to undertake the function on behalf of the Queen. This change will not require primary legislation.

  Charitable and other Institutions

  The Lord Chancellor has a specific role in respect to a number of institutions and schools where he is mentioned in their governing documents. Unless specific action is taken, that absence of the office of Lord Chancellor could cause problems for some of these institutions. Some academic institutions will be affected by the change of visitor. In consultation, some of these institutions have indicated that they wish to amend their governing instruments to reflect the abolition of that office.

  To assist such organisations I am proposing to take a power in the Constitutional Reform Bill to be able to amend charters, orders in council or other instruments as a consequence of the abolition of the office of Lord Chancellor.

  Great Seal

  The Great Seal is used to signify the royal will and authenticate acts of the Sovereign or the Government acting in the name of the Monarch. As I made clear in the consultation document Reforming the office of Lord Chancellor, his responsibilities in relation to the Great Seal are to transfer to the Secretary of State for Constitutional Affairs, who is (after the Prime Minister) the principal source of advice on matters relating to the Crown, and who will have a specific duty to defend and uphold the independence of the judiciary.

  Appointments to the senior judiciary are made under the Great Seal. It is an important part of safeguarding the independence of the judiciary, and the new partnership with the executive, that the custody of the Great Seal can be changed only with a clear decision by Parliament through primary legislation. Provisions in the Bill make clear that custody of the Great Seal can be moved away from the Secretary of State for Constitutional Affairs only by primary legislation.

  Healthcare Practitioners: Statutory Regulation
  The Parliamentary Under-Secretary of State, Department of Health (Lord Warner)
  My right honourable friend the Minister of State for Health (Mr Hutton) has made the following Written Ministerial Statement today.

  In the interest of public safety, we have today published two consultation papers on the statutory regulation of healthcare practitioners. The papers seek views on the extension of regulation to a wider range

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  of healthcare staff and on proposals for the statutory regulation of herbal medicine and acupuncture practitioners.

  A related consultation paper on the reform of the regulation of unlicensed herbal remedies made up to meet the needs of individual patients has also been published today by the Medicines and Healthcare products Regulatory Agency.

  Copies of the three consultation papers have been placed in the Library.

  NHS Pharmaceutical Services
  Lord Warner
  My honourable friend the Minister of State (Ms Rosie Winterton) has made the following Written Ministerial Statement today.
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  I have today placed in the Library copies of the executive summary of the report of the advisory group on the reform of the NHS (Pharmaceutical Services) Regulations 1992. It is also available on the department's website at:

  http://www.advisorybodies.doh.gov.uk/pharmacyregulationconsultation/advisorygroup.htm.

  The Government are considering the group's advice carefully and will make further announcements as soon as possible. We will publish the report in full when we publish changes to the regulations later this year.

  I have also placed in the Library copies of the summary of responses, which was published on Monday 1 March, to the consultation on A Vision Pharmacy in the New NHS. It is available on the department's website at:

  http://www.dh.gov.uk/Consultations/ResponsesToConsultations/fs/en.