Health (Wales) Bill

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Hywel Williams: The hon. Gentleman and I are unlikely to agree on the matter; we are setting up a body for Wales. The frame of reference for me is Wales itself, not Wales as a subsidiary part of England. We should respond to health needs in Wales and if we are going to set the gold standard to which the hon. Member for Epsom and Ewell referred earlier, it should be a Welsh gold standard. I hope that the Committee will resist the amendment.

Mr. Touhig: We have had an unexpectedly wide-ranging debate. I associate the Government with a remark made by the hon. Member for Ribble Valley in respect of the Western Mail story. There can be no one in this Room whose life, or that of their friends or relatives, has not been touched by cancer and any breakthrough is most welcome. I am president of the Cancer Care charity in my constituency, which does wonderful work counselling people who have cancer. Any development that will help people to overcome that awful disease is to be welcomed. I endorse what the hon. Gentleman said in that respect.

Julie Morgan: I am sure that my hon. Friend is aware that the discovery was made by staff in the university of Wales medical college in Heath Park in my constituency. Does my hon. Friend agree that following the decision of the National Institute for Clinical Excellence to place its collaborative cancer work in Velindre hospital, and the £3.5 million given by the Assembly for radiotherapy treatment in Velindre, Wales is forging ahead in the treatment of cancer and is leading the way in the UK?

Mr. Touhig: I welcome that, and endorse what my hon. Friend said. Cancer is an awful disease that knows no boundaries and we welcome whatever can be done to advance its treatment and to find a cure.

The amendment seeks to ensure that training standards for health care professionals are uniform throughout the United Kingdom, a matter that was mentioned in the previous sitting on Tuesday, but it misunderstands the nature of the arrangements that the HPW may enter into. Such arrangements will be entered into by agreement with the standard-setting bodies, so the HPW will not be empowered under such arrangements to act in a way that is not acceptable to

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the standard-setting bodies. The HPW may undertake functions on behalf of the standard-setting bodies and in doing so it will apply their standards. The will not be involved directly in setting those standards; its role will be to ensure that UK-wide standards are applied within Wales.

The regulatory bodies are responsible for monitoring educational standards in the UK; the Nursing and Midwifery Council has a service level agreement with the HPW to carry out quality assurance activities in Wales on their behalf. There is a similar provision in the Health Professions Council order if they should wish to use the HPW to act on their behalf. The HPW should be able to assess the need for post-registration education and training of professionals according to the work force planning initiatives and the health policy developments in Wales and to support its development. Effective communication channels between the HPW, the NMC and the HPC will be important to ensure that the rules and processes required by the regulatory bodies are understood and implemented in Wales, and that the regulatory bodies know the policies and priorities in provisions for Wales.

I accept the point made by the hon. Member for Caernarfon (Hywel Williams) that we are talking about the training standards that need to be applied throughout the United Kingdom. I do not dismiss his arguments, but he is talking about a bolt-on provision that we would have to examine in Wales. I also take the point that there are people in Wales whose first language is neither Welsh nor English, and they also have to be cared for. Obviously, that would be part of any ongoing or additional training. As I said, we are talking about standards that will apply throughout the UK. The HPW will work completely within those arrangements and agreements, so the amendment is unnecessary.

Mr. Evans: I am grateful for the Minister's comments and I am reassured. He will understand why we tabled the amendments. We did not want to prevent any health professionals in England from being able to cross over easily if they worked for a time in the health service in Wales, or if they lived on the border but worked in hospitals in Chester or Bristol and in Newport, Cardiff or elsewhere in Wales.

I accept the Minister's response to the amendment relating to the Welsh language and culture. We must recognise that, in parts of Wales, there are people who cannot speak English or Welsh and whose culture is completely different. We wish to be able to treat them for whatever ailments they have in the best possible way. That is a bolt-on provision, but an important one that needs to be considered.

I accept that, in various parts of Wales, there are still monoglot Welsh people. Welsh is their first language and they do not communicate in their daily lives in anything other than Welsh. In certain cases, if we gave them the gold standard of service described by the hon. Member for Caernarfon, it would be important that that could be done in Welsh, particularly if treating the patient's ailment specifically involved regular communication. If an injection were given, it would be important that

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someone was available to communicate to the person what was happening. In that instance, it might not have to be the health professional who spoke Welsh, particularly if there was a shortage of those health professionals in that part of the country. I hope that the hon. Gentleman is reassured by my comments.

Given the Minister's comments, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 4 ordered to stand part of the Bill.

Clause 5

Further provision about HPW

Chris Grayling: I beg to move amendment No. 5, in

    clause 5, page 4, line 24, leave out subsection (8).

The Chairman: With this we may discuss the following amendments: No. 13, in

    clause 5, page 4, line 25, leave out subsection (9).

No. 14, in

    clause 5, page 4, line 27, leave out 'or (9)'.

Chris Grayling: These amendments address another clause that appears to be rather generous in the powers that it hands to the politicians in the Assembly. That rather goes against some of the principles espoused yesterday by the Secretary of State for Health in his plans to devolve power into the hands of health professionals in communities in relation to a number of areas of our national health service.

Conservative Members see the establishment of Health Professions Wales as potentially creative. It will be a significant body that can enable and develop the professions in different aspects of health care in Wales. Like other bodies of its kind, it should be strong, independent and health and medicine-oriented. It is the sort of organisation that must be run by people with the professional skills, knowledge and understanding to do the work that the Government have rightly identified as necessary for Wales.

This is primary legislation for health care in England and Wales, set out by the House in its role as deliver of such legislation. Why, then, does the Assembly need the power to abolish the body established by the Bill? There is no obvious or rational reason why the Assembly should want to abolish the HPW. The Government are taking a coherent step in creating a body that should have a long-lasting and central role in the development of health care professionals in Wales, so why the need for powers to abolish it? Once again it highlights the Bill's central flaw.

Broadly speaking, the Committee is agreed that the Bill is a decent set of steps, sensible, based on consultation and welcomed by health care professionals in Wales. That is why the Bill is not controversial and why we are spending relatively little time in Committee. Its main weakness is that in several different ways it hands excessive power to the politicians of the Assembly at the expense of the medical and health care professionals in Wales. I have cited the powers to abolish the HPW as one example.

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The Assembly should not be given the right to abolish the HPW on a whim. I broadly accept the Minister's assurance that the Assembly has no intention to do so, but, with respect, the Minister has no crystal ball and cannot predict all circumstances—whether financial pressures or political ideology—in the short, medium or long-term future. Why confer on the Assembly the power to walk into the HPW and sequester assets, people and aspects of its operation? An ambitious Welsh Health Minister, seeking to strengthen his or her Department by gaining greater control over training in Wales, might remove that specialist department from the HPW and bring it into his own Department. The effect would be to destabilise the organisation by ripping out professional skills and economic assets, thereby undermining its financial structure. There is no need to do so, which is why we tabled the amendments to remove these provisions from the Bill.

The Government should have trust in what they are creating. They should not leave it to the vagaries of the Assembly's political will. The HPW should be a strong, independent, professional medical and health care body. Proposals to abolish it only weaken its strength and independence. We hope that the Minister will accept our amendments and remove these provisions.

Mr. Touhig: Rarely have we heard so many reservations expressed about politicians by politicians. It is quite extraordinary. We have already responded to concerns about the Assembly's powers. During pre-legislative scrutiny, the Royal College of Nursing asked for the removal of powers of direction under clause 4(2) and (4) and we responded positively to the request.

The amendments would remove the reserve power of the Assembly to abolish Health Profession Wales and to make consequential provision for the transfer of its assets. The power is necessary for prudent management and I urge the Committee to retain it. Changes within the health service and the ways in which the professions work may give rise to new requirements for their continuing education and training. The support systems, including the HPW, may have to alter as a consequence.

I assure the Committee that the Assembly has no intention of using the power to bludgeon, threaten, or force the HPW to toe any line. The hon. Member for Epsom and Ewell referred to the possibility of an ambitious Health Minister in the future. It is a peculiarity of Wales that we do not look too well on ambitions.

I am reminded of a youngster who was walking on the quayside at Aberaeron and noticed some crabs crawling out of a bucket that had just been landed. He told the fisherman, who said, ''Don't worry, they won't get out; they're Welsh crabs, they'll all pull back.''

 
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Prepared 12 December 2002