3rd Report, 2007 (Session 3)

Report on the legislative consent memorandum on the Health and Social Care Bill
(UK Parliament legislation)

Remit and membership 

Remit:

To consider and report on (a) health policy and the NHS in Scotland and other matters falling within the responsibility of the Cabinet Secretary for Health and Wellbeing and (b) matters relating to sport falling within the responsibility of the Minister for Communities and Sport.

Membership:

Christine Grahame (Convener)
Helen Eadie
Ross Finnie (Deputy Convener)
Rhoda Grant
Michael Matheson
Ian McKee
Mary Scanlon
Dr Richard Simpson

Committee Clerking Team:

Clerk to the Committee
Tracey White

Senior Assistant Clerk
Douglas Thornton

Assistant Clerk
David Simpson

Report on the legislative consent memorandum on the Health and Social Care Bill
(UK Parliament legislation)

The Committee reports to the Parliament as follows—

Background

1. The Health and Social Care Bill (“the Bill”) was introduced in the House of Commons on 15 November 2007. As it makes provisions for purposes that lie within the competence of the Scottish Parliament, or that will alter that legislative competence or the executive competence of the Scottish Ministers, a legislative consent memorandum (“LCM”), attached at annex A, was lodged by the Scottish Government under chapter 9B of the Standing Orders. The Parliamentary Bureau designated the Health and Sport Committee as lead committee in respect of the memorandum.

Evidence

2. The Deputy First Minister and Cabinet Secretary for Health and Wellbeing attended the meeting of the Committee on 5 December 2007 to give evidence on the LCM, further to a letter that she had written to the Committee on this matter. The letter is attached at annex B.

3. The Committee noted that the Bill clarifies that there is to be consultation on draft Orders in Council under section 60 of the Health Act 1999 (“Section 60 Orders”) with all relevant representatives of the professions being regulated; that the regulation of some existing professions, and the future regulation of “new” professions, are devolved, and that any draft Section 60 Orders in respect of those professions would be subject to scrutiny by the Scottish Parliament and, therefore, by the Health and Sport Committee.

4. The Committee further noted that the standard of proof for disciplinary procedures in respect of regulated professions is the civil standard, rather than the criminal standard and that appeals procedures are determined by each regulatory body. The Deputy First Minister and Cabinet Secretary for Health and Wellbeing stated that the provisions of the Bill are compatible with the European convention on human rights.

Recommendation

5. The Committee recommends to the Parliament that it agree that the relevant provisions in the UK Health and Social Care Bill, introduced into the House of Commons on 15 November 2007, which legislate in devolved areas in respect of provisions relating to the regulation of the healthcare professions, should be considered by the UK Parliament.