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Advisory Committee With Respect To Standards

Volume 169: debated on Wednesday 14 March 1990

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'( ).—(1) The Secretary of State shall establish and maintain a committee for advising him with respect to the maintenance and improvement of the quality of goods or services provided by any health service body under an NHS contract.

(2) The committee established and maintained under this section—

  • (a) shall consist of a chairman and not more than nine other members, appointed by the Secretary of State;
  • (b) shall include such representatives of the medical and nursing professions and organisations representing consumers as seem appropriate to the Secretary of State; and
  • (c) shall meet at least twice a year.
  • (3) It shall be the duty of the Secretary of State—

  • (a) to consult the advisory committee, and
  • (b) to consider any representation made to him by the advisory committee, on any matter pertaining to the quality of any goods or services provided by any health service body under an NHS contract.
  • (4) It shall be the duty of the Advisory Committee to make recommendations to the Secretary of State with respect to measures which it considers best calculated to maintain and improve standards of goods or services provided by health service bodies.

    (5) The Secretary of State may by regulation, approve any recommendations of the advisory committee for the purpose of—

  • (a) giving practical guidance to health service bodies with respect to maintaining and improving standards of goods or services supplied or received; and
  • (b) promoting what appear to him to be desirable practices in the provision of goods or services under NHS contracts.
  • (6) In this section "health service body" and "NHS contract" have the same meanings as in section 4 of this Act.'.— [Mr. Tom Clarke.]

    Brought up, and read the First time.

    With this it will be convenient to take the following: New Clause 16—Advisory Committee: supplementary powers

    '( ).—(1) For the purpose of ensuring compliance with any regulation issued under subsection (Advisory Committee with respect to standards) (5) above, the chairman of the advisory committee may, at any time, cause an assessment to be made of the working practices of any hospital, establishment or other facility involved in the provision of goods or services under section 4 of this Act.

    (2) The results of any assessment carried out under subsection (1) above shall be reported to the Secretary of State by the chairman of the advisory committee.

    (3) The chairman of the advisory committee may, with the approval of the Secretary of State as to the numbers and terms and conditions of service, appoint such staff as he may determine to fulfil the duties of the advisory committee under this Act.

    (4) There shall be paid out of monies provided by Parliament the remuneration of, and any travelling or other allowances payable to the members of staff of the advisory committee in consequence of the provisions of this Act.'.

    New clause 35— Standards and inspection of community care services

    "(1) The Secretary of State shall establish a minimum standard for community care services which every individual may expect to receive.

    (2) The Secretary of State shall ensure that there is an inspectorate that is sufficiently staffed to ensure that the minimum standards are adhered to by local authorities.

    (3) In setting minimum standards under subsection I the Secretary of State shall consult those bodies he considers are representative of those who have the experience and knowledge of the provision and need for community care services.'.

    New clause 38— Standards and inspection of community care services (Scotland)

    "(1) The Secretary of State shall establish a minimum standard for community care services which every individual may expect to receive.

    (2) The Secretary of State shall ensure the establishment of a Social Services Inspectorate sufficiently staffed to ensure that the minimum standards are adhered to by local authorities.

    (3) In setting minimum standards under subsection 1 the Secretary of State shall consult those bodies he considers are representative of those who have the experience and knowledge of the provision and need for community care services.'.

    New Clause 45— NHS Contracts

    (1) The acquirer of an NHS contract shall take into account not just price but a broad range of factors when considering which provider should be awarded the contract. This will include the quality of service provided taking into account both patient satisfaction and clinical effectiveness.

    (2) The acquirer shall institute a thorough and ongoing monitoring of the contract as it progresses which shall be open to public inspection.

    (3) A complaints procedure shall be instituted for both staff and patients with respect to the operation of the contract.'.

    New Clause 47— Clinical Effectiveness

    'The Secretary of State shall in pursuit of satisfactory systems of measuring clinical effectiveness and quality of treatments:—

  • (1) create an applied research agency for the NHS;
  • (2) develop a clinical database to support the epidemiological research it will do;
  • (3) with the data and methodoligies developed, introduce an ongoing monitoring and audit of clinical practice both to discover and disseminate best practice throughout the system.'.
  • We will also consider the following amendments: No. 228, in clause 3, page 3, line 11, at end insert—

    '1A. In carrying out its primary functions including those provided under Section 4 below, a Regional, District or Special Health Authority or a Family Health Services Authority must ensure that the quality of such goods or services that it may provide, attains such standards of quality as may be determined by the Secretary of State for those particular goods and services and must publish annually a report giving details of its attainments in monitoring and improving quality standards.'.

    No. 15, in clause 4, page 4, line 36, at end insert—

    '(3) No National Health Service contract shall be valid unless it specifies the quality of service to be provided under the contract and how the quality is to be measured and monitored.'.

    No. 21, in page 4, line 36, at end add—

    '(3A) The acquirer will—

  • (a) publish the terms and conditions of any contract agreed with the provider;
  • (b) institute a thorough and ongoing monitoring and quality assurance programme keeping the local CHC aware of developments;
  • (c) create a complaints procedure for staff and patients with respect to the contract.'.
  • No. 33, in page 4, line 36, at end insert—

    '(()) The Secretary of State may by regulations, require any health service body acting as a provider to have regard to:

  • (a) any relevant national codes of practice pertaining to any goods or services provided;
  • (b) any specific outcome requirements established by him, both applicable generally and in relation to specific clinical conditions, or
  • (c) any minimum standards of performance on any matter of concern, determined by him, in respect of any NIIS contract to which the provider is a part.'.
  • No. 4, in page 4, line 42, at end insert—

    '(3A) Where any health service body proposes to enter into an arrangement which will be an NHS contract in which it will be the acquirer within the meaning of subsection (1) above, it shall publish a document setting out the standards of goods and services which are proposed to be acquired under that arrangement.

    (3B) Prior to making a decision about the standards of goods and services which are proposed to be acquired, a health service body shall seek the views of Community Health Councils within their district on the standards of goods and services, and shall also seek the views of such other persons as seem to them to have an interest in the matter or to be representative of the interest of patients in their district on the matter, and shall, in determining the standards of goods and services, take account of any views or representations received on the matter.'.

    No. 5, in page 4, line 42, at end insert—

    '(3A) The Secretary of State shall by regulations specify, for each category of services, the standards of goods and services which shall be the minimum standards for goods and services which may be specified by any health service body which is an acquirer in the terms and conditions of any arrangements which is a National Health Service contract.'.

    No. 57, in page 4, line 42, at end insert—

    '(3A) Any contract made under subsection (1) above shall provide that services supplied by NHS consultants shall he subject to the professional standards of care then in force under the regulations of the Royal College having jurisdiction for the place in which the contract is made.'.

    No. 6, in page 5, line 33, at end insert—

    '(7A) The terms and conditions of any arrangement which is an NHS contract shall include a statement of the means by which the acquirer will satisfy himself, throughout the term of the arrangement, that the standards of goods and services provided under that arrangement are sufficient to meet the standards specified in the terms and conditions of the arrangement.

    (7B) Where the terms and conditions of any arrangement which is an NHS contract include a statement referred to in subsection (7A), it shall be the duty of the provider under that arrangement to make available any facilities, information or services necessary to permit the acquirer to satisfy himself as subsection (7A) requires.'.

    No. 135, in clause 28, page 26, line 33, at end insert—

    '(2A) No National Health Service contract shall be valid unless it specifies the quality of service to be provided under the contract and how the quality is to be measured and monitored.'.

    No. 136, in page 26, line 38, at end insert—

    '(3A) The acquirer will—

  • (a) publish the terms and conditions of any contract agreed with the provider;
  • (b) institute a thorough and ongoing monitoring and quality assurance programme keeping the local CHC aware of developments;
  • (c) create a complaints procedure for staff and patients with respect to the contract.'.
  • No. 37, in page 27, line 22, at end insert—

    '( ) Where a reference is made to the Secretary of State under subsections (4) and (5), he or the person appointed by him, shall take into account the distance a patient would otherwise have to travel when determining what is "practicable" under subsection (5).'

    No. 45, in clause 5, page 6, line 42, at end insert—

    '( ) In exercising his powers under this Section, the Secretary of State shall have particular regard to ensuring ).hat there exists a sufficient range and quality of services both in a local area and nationally to ensure that the functions of the National Health Service contained in the principal Act are carried out.'.

    I beg to move, That the clause be read a Second time.

    I shall refer to new clauses 15 and 16, and I hope that the hon. Member for Ross, Cromarty and Skye (Mr. Kennedy) will not mind if I say a few words about new clause 38. Hopefully, I shall not anticipate his speech too much.

    Hon. Members who served on the Standing Committee will recall that in Committee my hon. Friend the Member for Leicester, East (Mr. Vaz) moved a similar amendment to establish a national inspectorate under the director of patient services. In his excellent speech to the Committee he explained that he had the support of several important bodies and people, including the Royal College of Nursing. At this time in the evening I do not wish to be provocative, so I hope that the Secretary of State will not mind if I mention one last opinion poll. The RCN conducted an opinion poll among Conservative Members. It discovered that 80 per cent. of Conservative Members support the setting of national standards and 70 per cent. support the establishment of a national inspectorate to monitor health care provision. Most people would welcome those views.

    We are trying to find ways of ensuring that those views are recognised in the Bill, particularly in view of the clear support for them within the House and elsewhere. When the hon. Member for Ross, Cromarty and Skye speaks to the new clause he will probably broaden the arguments to deal with proper monitoring and inspection of community care in Scotland.

    I remind the House that earlier this evening the hon. Member for Great Yarmouth (Mr. Carttiss)—I hope that I spare his blushes—made a thoughtful and courageous speech. He said that many issues which had not been resolved in Committee were meant to be debated on the Floor of the House. They will not be reached because of the guillotine motion. The issue dealt with by the new clause is just such an item. I was glad that the hon. Gentleman made that point and I sincerely welcome what he said.

    In Committee, under pressure from my hon. Friend the Member for Leicester, East, the Under-Secretary of State for Health said:
    "The Government will reflect on how best to improve standards. We do not believe that it should be through a national inspectorate, or through a national accreditation scheme. However, there are ways to improve the service, for example by a national advisory committee. My right hon. and learned Friend the Secretary of State will reflect on and bring forward proposals for such improvement. The health advisory service advises on the quality of care provided to the mentally ill and the elderly. Its work with the mentally ill is under review. It could provide a useful model for advising DHAs, and hospitals with which they have contracts, about standards of care."—[Official Report, Standing Committee E, 23 January 1990; c. 347.]
    The Committee welcomed that in so far as it went and in anticipation of something more extensive—a bigger commitment—perhaps even a new clause or amendment on Report. So far as I can see, that has not happened. I hope that when the Secretary of State replies he will appreciate that in new clauses 15 and 16 we aim to respond to what we consider to be the Government's assurance to improve standards by enshrining the advisory committee in legislation.

    11.15 pm

    When the hon. Member for Ross, Cromarty and Skye dealt in his new clause with community care, many of us felt that he was absolutely right. That is why earlier this evening, in the debate on the guillotine motion, I was particularly surprised when the hon. Member for Lancashire, West (Mr. Hind), who unfortunately is not in his seat now but, in fairness, was here for most of the evening, said that the House had discussed Scotland. That comes as no surprise. Scotland is part of the United Kingdom. Scotland is dealt with in the Bill. Community care in Scotland is important. Frankly, we have not debated the matter enough. Therefore, I am pleased that community care in Scotland and the need for proper monitoring and inspections are dealt with in this group.

    I hope that the importance of that is not lost on the House. Many people are convinced that community care in Scotland is not properly monitored. Moreover, it is difficult to do because of the present limited nature of joint planning, despite the legislative opportunities that the Secretary of State and the Under-Secretary of State for Scotland have not so far embraced or introduced.

    The new clauses would be an ideal opportunity for the Government to show their commitment to standard setting and improving quality within the NHS. New clause 15 would establish the advisory committee and give it the power to establish minimum standards of care. That is terribly important in the light of the evidence of the accident of geography, where in some areas standards are high, yet in others they are not only far too low, but entirely unacceptable for community care.

    New clause 16 gives the committee supplementary powers to assess local working conditions to ensure minimum standards. The case for that is self-evident. It is self-evident that we are attempting, particularly in the absence of real advocacy, to ensure that basic standards are met and that there is accountability and proper monitoring. We have a great deal of support for that.

    I referred earlier to the Royal College of Nursing. In its evidence to the Select Committee on Social Services, it said:
    "Therefore, in order to ensure a high quality of standards of care, the College wishes to see an independent, nationally trained inspectorate working at local level to monitor the care that is delivered by the private, the voluntary and the public sectors. This would be an independent body which would maintain quality and which is neither purchaser nor provider. Precedents for this include the HMI in education and, more recently, the directors of consumer services established in the privatised water, gas, telecommunications and electricity industries to safeguard consumer interests and uphold standards."
    The very important point which emerges from that evidence is that we are dealing with consumers. The frail, the vulnerable, the elderly, the physically disabled, the mentally ill and the mentally handicapped are consumers. Unfortunately, because of the restrictions on our debate, we have not had many opportunities—we have had far too few—to discuss those groups in the context of community care. None the less, if there is a commitment to consumers, these new clauses give the Government an opportunity to go beyond mere words, to go beyond a mere oral assertion that they will issue circulars, and so on. We are offering them a statutory opportunity to do the minimum necessary to ensure that the standards of care that are insisted upon are proper and reasonable standards that can be monitored and for which there can be proper accountability.

    The amount of money involved is considerable. There is much talk of value for money. We are entitled to an assurance that taxpayers' money is being spent in a way that is consistent with the principle of value for money as well as with the rights of the consumer. For all those reasons, I thought that the excellent case that my hon. Friend the Member for Leicester, East and others made in Committee would have persuaded Ministers to accept some reasonable proposals.

    Unfortunately, Ministers did not at that stage accept any of our amendments. I recall only one promise from the Parliamentary Under-Secretary of State for Scotland—the hon. Member for Stirling (Mr. Forsyth). That is a matter that we shall follow closely, but it is not particularly relevant to these new clauses. Beyond that promise we were offered not just very little but nothing at all, except, as in respect of so many other matters, the promise that, by the time of the Report stage, the Government would have taken advice, would have involved themselves in consultations, and might even surprise us by saying that they agreed to our modest proposals.

    In presenting these new clauses, we are giving the Secretary of State an opportunity—not just at the 11th hour but almost at the 12th—to show just a little generosity. Generosity is something that was absent from his dealings with the Committee and the House.

    In that spirit I commend the new clauses to the House. I look forward to hearing from the Secretary of State a response that is as positive as I am sure the House would want.

    Amendment No. 57, which stands in my name, deals with two essential points—one is a general point and the other clears up an existing anomaly. Perhaps I should first declare an indirect interest in that my father is a member of the council of the Royal College of Surgeons and joint author of the "National Confidential Enquiry into Perioperative Deaths". I wish to refer to the monitoring role of the royal colleges of surgeons, anaesthetists, obstetricians, gynaecologists and others. It is right to ensure in any Bill of this kind that the services delivered to the public meet certain minimum quality criteria. That is the aim of my amendment.

    I shall be interested in the response of my right hon. and learned Friend the Secretary of State to my point about the anomalous positions of the royal colleges of England and those of Scotland. The standard maintenance role of the royal colleges of England is being upset by that of the colleges of Edinburgh and Glasgow. This is a particular difficulty. A member of the Royal College of Surgeons of England who practises in Scotland is not subject to the authority of the Royal College of Surgeons of Edinburgh or Glasgow. Because he is beyond the territorial jurisdiction of the English college, he cannot be monitored from there either.

    Similarly, a small number of Scottish practitioners who practise south of the border are beyond the geographical jurisdiction of the Scottish colleges, yet when they are monitored by the English colleges they say that they are members of the Scottish college and therefore do not wish to submit to the jurisdiction of an English college.

    This is a small, but important, point. If we want a system in which there is professional peer group pressure to improve standards of health care, that pressure must be exercised through the appropriate royal college. That does not happen with those two minority groups.

    The new clauses and the amendments have the same objective, but they would achieve it in different ways. Amendments. Nos. 4, 5 and 6, which stand in my name, are slightly less bureaucratic than new clause 15 in that they avoid setting up an advisory committee, but their objectives are the same—to use the new regime to drive up standards, to improve the quality of services and to increase confidence in the NHS.

    Amendment No. 4 provides the machinery for delivering those objectives—machinery which is not explicit in the Bill. It would require that, for any NHS contract, the acquiring body should consult on the standards of service to be provided under the contract. There needs to be a mechanism for ensuring in each case that the quality of service that patients can expect is understood publicly and that there is a quality yardstick by which a contractor can be assessed. Patients and the organisations which represent their interests have the right to know what they can expect from a contractor in the Health Service. The amendment provides such a mechanism. It would require that the quality standards are consulted upon and made public.

    Amendment No. 5 clarifies the regulatory responsibility of the Secretary of State in relation to standards of health care. Where resources are limited, as they always will be, there may be a temptation for a hard-pressed Health Service body to cut corners on standards. Some health authorities and budget-holding general practitioners may therefore be tempted, when entering into contracts for the provision of care, not to specify adequate standards from their contractors. The amendment would limit this temptation by giving to the Secretary of State the role of setting for each category of service minima below which the quality of health care should not fall. At the moment, the Department provides a substantial amount of material regulating the standards of provision, and the amendment simply makes that explicit.

    Amendment No. 6 deals with monitoring. The working of contracts for health care should be closely monitored to ensure that contractors meet the standards expected of them and that the terms of the contract are met. The amendment would require that the means by which monitoring and evaluation of quality of care provided under contracts should be set out in the contracts and would require contractors, by statutory duty, to co-operate with monitoring and evaluation procedures. That would help patients to feel secure, in that a system of monitoring and enforcement would guarantee that high standards are maintained and ensure the full co-operation of contractors.

    The three amendments are fully consistent with the objectives in the White Paper. They simply seek to write into the Bill a procedure for guaranteeing the high quality of service that we all want to see.

    11.30 pm

    New clauses 35 and 38, to which the hon. Member for Monklands, West (Mr. Clarke) was kind enough to refer in his opening remarks, are partly based on the learning curve of the hon. Member for Glasgow, Cathcart (Mr. Maxton) in Committee. They refer to standards of inspection of community care services in Scotland, England and Wales, and take account of the slight differences in the role or existence of the inspectorates in each.

    Despite earlier exchanges in Committee, there remains considerable doubt that the Bill's objectives in respect of community care will be fully realised. The Secretary of State might have acknowledged in our earlier debate on the timetable motion that it is regrettable that the House cannot devote more time to important aspects of the Bill. However, I suspect that new clause 15 and other parts of the Bill will have much more of an uphill struggle when they reach the other place, and I shall be watching its progress—and, hopefully, the alterations that are made to it—very closely.

    The Bill makes welcome provision for local authorities to publish plans for community care, but there is no proper agreement on a mechanism to ensure that minimum standards are met, and therefore there is nothing positive or indicative for which inspectors can look.

    If one considers the education system, it should not be so great a problem as is feared in the minds of Ministers or civil servants at the Department of Health. The education system proves that it is possible to set minimum standards and to operate an inspectorate without necessarily imposing too much centralisation or inhibiting scope for personal initiative and development.

    One must question how community care plans will be properly assessed in the absence of minimum standards—particularly as it is more than likely under present budgetary constraints that there will be disagreements between the health authority or health board and the local authority.

    The Secretary of State repeated earlier today that heavy reliance is being placed on contract setting to ensure quality of service. The right hon. and learned Gentleman spoke of competition in the hospital sector being based on quality. The same applies to the care in the community approach. The quality control aspects of a contract, whether it concerns health or community care, are currently minimal and are unlikely to provide an adequate safeguard, at least in the short term.

    The guidance issued since the Committee stage is encouraging. The word "quality" is used in the very first sentence and recurs throughout. Ministers appear to have become more sensitive to that aspect than they were earlier. Nevertheless, there remains genuine anxiety that minimum standards will be fastened upon by the providers and contractors of care rather than serve as a starting point.

    My final point concerns the social services inspectorate. Exchanges between the Minister for Health and me in Committee revealed that in the past few years the number of inspectors in England and Wales has doubled. That is welcome, and it will probably increase further if the Minister is successful in realising her ambition to extend the scope and the role of the inspectorate. However, such a major and fundamental change as the community care aspect of the Bill surely contains scope for a further inspectorate. In Scotland, the need for minimum standards still exist, but the establishment of a proper inspectorate is crucial.

    I am indebted to the Royal College of Nursing for its assistance with amendment No. 33. The amendment aims to give the Secretary of State a reserve power to establish a series of minimum standards of care which health care providers would have to observe. In effect, it would establish a safety net for quality in future. There is no time to go into the details of the argument behind the amendment, but perhaps in the short time available I should commend back to the Secretary of State his own words on 10 October 1989 at that marvellous occasion, the Conservative party conference. The Secretary of State referred to the two prime problems which arise if all decisions about acceptable standards are left to individual contracts: first, will the purchaser be in a strong enough position to face a monopoly provider and, secondly, will minimum standards vary significantly throughout the country from Plymouth to Inverness? In his speech at the conference, the Secretary of State listed a catalogue of inexplicable anomalies between districts and regions and concluded:
    "These failings are not fair to the patients when the treatment you receive (and the delay you experience) depends entirely on the luck of the draw. Above all, on where in the country you live and whether you have an illness which is well-treated locally or not."
    Amendment No. 33 aims to provide a permissive regulatory framework for the Secretary of State to be able to exercise the power to address precisely the problem that he highlighted on that occasion.

    Amendment No. 37 expresses the concern that hospitals, particularly in rural areas, will be in a monopoly position under contracts because they are the only providers of a service in that region. What effects will there be on people having to travel, as that clearly will be a logical component of the internal market, and on the fact that the Secretary of State will view a local monopoly in an entirely different way from patients because many patients in rural areas have to travel significant distances to receive treatment? [Interruption.] If the hon. Member for Wirral, South (Mr. Porter) finds this boring, I am sure that he can find entertainment elsewhere. Perhaps these are rough and ready arguments because those of us who served on the Committee did not pursue many of the points as we had hoped for a proper debate.

    Amendment No. 45 embodies the plea that
    "the Secretary of State shall have particular regard to ensuring that there exists a sufficient range and quality of services both in a local area and nationally to ensure that the functions of the National Health Service contained in the principal Act are carried out."
    There is genuine anxiety about the future of the service because of the step into the unknown that the Bill represents. Even at this late stage the Secretary of State has a chance to offer some reassurance.

    I am happy to associate myself with amendments Nos. 5 and 6, in the name of my hon. Friend the Member for Ealing, Acton (Sir G. Young), and I hope that they will appeal to my right hon. and learned Friend the Secretary of State. If we are not talking about medical audit, we are talking about performance review. There is a great deal of experience of performance review among professional organisations across the Atlantic and I had hoped that we might learn from that experience.

    Certain questions need to be asked. Was the operation necessary in the first place? Was it correctly undertaken? What is the rate of readmission and cross-infection? What was the cost of performing the operation, and was the patient satisfied? Certain initiatives can be taken to guard against inappropriate surgery, unnecessary blood transfusions and the unco-ordinated treatment of intensive care patients. The amendments address the question of who is to check the quality of care. Every other industry in the country has quality control, and I cannot believe that it is right that the NHS should not. That is why I support the amendments.

    I support the proposals of the hon. Member for Ross, Cromarty and Skye (Mr. Kennedy). I am sure that we can all agree that it ought to be perfectly possible to set minimum standards and to have inspectorates to ensure that they are achieved. The hon. Gentleman cited the example of schools, for which we have minimum standards, and inspectors to ensure that they are met. An even more useful example, perhaps, is the example of the factory inspectorate, which ensures that the conditions in which people work are adequate.

    Similarly, we should want to ensure that a large number of criteria are satisfied in relation to the suitability of the conditions in which old people are looked after in small premises. I have been shocked by some of the cases of which I have heard in the course of my constituency work and by the conditions in which some old people have been made to live.

    There is also the question of the charge made for services. I heard of one old lady who was persuaded to leave the home in which she was living to go into a private house where her rent was doubled after two months. That old person felt vulnerable and unable to do much about her plight. The attitude seems to be that the Department of Social Services will pick up the tab, and that it does not matter if the public purse is robbed to pay people to provide the services.

    There is also a danger to old people's privacy. Some people seem to view old people as having lost all right to be treated as thinking and sentient human beings. They open their mail, listen to their telephone conversations and generally engage in a lot of unwarranted interference that would not be tolerated by someone who was capable of defending himself. But many old people are powerless unless they have a relative to stand up for them.

    What about the items that are provided for old people? In one case, for example, a person who was virtually immobile was given only a commode and felt extremely embarrassed and ill at ease. That person could no longer get to the bathroom because it was so far away. It seems pretty obvious that decent toilet and washing facilities should be provided within easy reach of people who cannot move far.

    There is much detail to be worked out in seeking to achieve proper inspection, but it needs to be done if old people are not merely to be set aside and forgotten about as though they have stopped mattering as long as they have a roof over their head. If we do not set standards and establish an inspectorate to check them, local authority social workers may well feel that they simply have to put up with the standards set in their area.

    It would depend on what happened to be available. Standards could vary widely, and we could know that some of them were unacceptable but be unable to do anything about it—except to wring our hands and try to shift people around to better accommodation. But old people should not be shunted around like parcels from one place to another. They should be able to end their days in comfort, peace and security. It does not seem too much to ask that old people who cannot look after their own affairs any more should be assured of safety, security and comfort and minimal decent standards.

    I hope that the Minister will be able to accede to our request. If the Government can inspect cottages to discover whether they are liable to poll tax, they can surely inspect small homes in which old people live.

    11.45 pm

    I have always regarded the hon. Members for Monklands, West (Mr. Clarke) and for Ross, Cromarty and Skye (Mr. Kennedy) as among the more sincere hon. Members in the House. However, when they said that they were looking forward to continuing after midnight and how much they feared the imminent approach of the guillotine, I was less than usually convinced that they meant everything that they were saying—they do not look like men dying to go on after midnight.

    I am delighted that we have reached the new clauses dealing with quality. As speeches from hon. Members on both sides of the House have shown, there is virtual unanimity on the idea that raising the quality of care and clinical treatment in the NHS and of the care and support that can be given to those who live in the community and require better domiciliary services is at the heart of all our ambitions. Certainly, the notion of raising the quality of the NHS and of domiciliary and residential services in the community is at the heart of the Government's reforms, and of this Bill.

    Quality has been the mainstay of all our proposals, and I do not instinctively think about it along the lines of the amendments. That reveals the political division between us on method. I do not begin by thinking of great national committees and quangos to inspect everyone and ensure quality in a service that is already giant and daunting in its complexity and geographical scope. I have always thought that the idea of central Government laying down minimum standards, as suggested by the hon. Member for Ross, Cromarty and Skye, is not very useful, because there is so much variation across the country and among client groups.

    Our approach to these reforms has been to build into the organisation and the systems of the NHS and care in the community methods that will stimulate those who work in the service at local level to strive to achieve the highest possible quality in response to the patients and clients whom they serve.

    Those of us who were here between 3 am and 6 am today will recall that the Government look to contracts, above all else, to raise the quality of the services provided in the NHS. At times we held what was almost a seminar this morning; at times our exchanges about exactly how we see quality being reflected and defended in the contract system were lively. The hon. Member for Newham, South (Mr. Spearing) laughs. From beginning to end, the hon. Gentleman has not quite understood the contract system in the NHS.

    In future, services will be provided locally in pursuance of an agreement between the district health authority or general practitioner and hospitals and community units. Those who want services provided for residents will stipulate what they want—not just their quantity and cost, but most importantly their quality which they can specify and how they will measure it when the service is delivered. In exchange, those who work in the units and deliver the services will sign up to a given level of quality, explain how they propose to measure it, and deliver it in exchange for the resources that they have agreed to receive.

    Every contract will stipulate the quality of service. We went over this ground in Committee when I said that I would let Committee members have the first specimen contract as quickly as possible. Those contracts vary in quantity and they have been worked out in different parts of the NHS as people with enthusiasm for the idea have got down to producing the type of contract that should be exchanged between a district health authority of a GP practice and a hospital that sets out what service is meant to be provided and what quality is to be attained.

    I want the professions, doctors and nurses to look at the contract to see what they think about it for their particular service. Many doctors and nurses may not like the way in which the quality of their service is described. In that case the royal colleges must lay down how they would like their service to be judged and describe the quality to which they aspire. In that way they will help us to produce good contracts with which they can feel content because they are being asked to deliver something sensible that they should like to achieve and by which they are content to be measured in exchange for the resources that they require.

    Fortunately, we are moving away from some of the rubbish that we have had for heaven knows how many hours. We are now coming down to the realities of what is being worked upon in 190 districts in England, Scotland and Wales as they prepare for the reforms.

    My hon. Friend the Member for Ealing, Acton (Sir G. Young) tabled amendments Nos. 4, 5 and 6, supported by my hon. Friend the Member for Northampton, South (Mr. Morris). They agree with the underlying aim to build stipulated quality into the arrangements for the work of the NHS. I do not like putting the whole thing in a straitjacket as their amendments suggest. I welcome my hon. Friends' attempts to set up, step by step, what should be done and what is required, but I do not want all the units and all the districts to grab the rulebook or the statute while saying that everything must be reduced to this, this and this. We are pursuing the underlying aims described by my hon. Friends.

    I know that I frequently describe all our reforms in terms of acute services—I always talk about hip replacements or varicose veins, things for which there are waiting lists. I talk about the cold surgery about which most of our constituents are conscious. It is best to describe those services because they are the easiest to describe in terms of contract, quality, arranging the price and such. The contracts on which we must work, however, are those for more complicated services. We want an integrated service between the acute sector and community care. We must work on those contracts involving a mixture of disciplines—for example, doctors and nurses. In those circumstances, one may be talking not about the treatment of a disease, but the management of a condition such as diabetes.

    The contractual system at the heart of our reforms will contribute far more to raising the quality of the NHS than the committees and other ideas—the only ideas—produced by the Opposition.

    I accept what my right hon. and learned Friend says about contracts being an obvious yardstick of the success of a particular hospital, but he is talking too clinically. Surely the real critic of the efficiency of a service is the patient. He will decide whether the contract was placed in the right hospital and whether the right service was provided. The contract can give only an indication. It cannot supply the playback from the customer that many of us want.

    We can steer through all the formalities. We can enter into contracts and alter present structures so that everyone knows what we are talking about in terms of quantity, how soon one will receive one's first outpatient treatment, how much it will cost, the quality stipulated by the GP and how that will be measured by the DHA or whoever thereafter.

    What in the end will determine whether it is a success is the patient's judgment of how it works. So we are building in more consumer choice, making GPs more responsive to their patients and the DHAs more responsive to their GPs. The contracts will also be steered to those places where the patients feel most content, either because they particularly want to go to their local hospitals or because they are treated better there in every way, from the appointment arrangements to the follow-up after they have left hospital. That will help to determine what really goes on, will humanise the whole system and help to stimulate higher quality.

    My hon. Friend the Member for Northampton, South said that we needed a system of quality control. I could not agree more. It is surprising that of all the health care systems throughout the world, none of them measures the quality of outputs. Indeed, most health care systems never bother to measure their outputs at all. The Labour party in the House typifies what goes on in health care systems throughout the world. They are dominated by the interests of the people who work in them to such an extent that they never bother to ask what is coming out by way of service and quality.

    We are introducing a system of clinical audit, and we have the full agreement of the medical profession in doing so. When I was first at the Department of Health a few years ago, for a Minister to suggest to many in the medical profession that we would clinical audit and go in for organised quality control across the system was regarded as a blasphemous utterance. I concede that the Royal College of Surgeons has done valuable pioneering work. The same is true of the Royal College of Anaesthetists, the Royal College of General Practitioners and the Royal College of Nursing. The whole medical profession has swung round, and we are allowing them to organise their own system of clinical audit which will systematically measure the quality of their output.

    But I appreciate that there are still concerns about quality in the NHS. Some of those concerns expressed last summer, when all the campaigning was going on, involved people raising fears about the quality of the service as an excuse for trying to stop anything being changed in the environments in which they worked. But that was never the position of the Royal College of Nursing, to which several hon. Members have referred.

    As I say, concerns remain. The hon. Member for Ross, Cromarty and Skye said that all I talked about now was interesting but new, and was therefore disturbing, unsettling and worrying to those who worked in the service. We must continue to reassure all concerned that we are striving to raise quality and that they have nothing to fear—either themselves or in terms of the quality of care for their patients—if they join in with us.

    Because there are still those fears, which I think are misplaced, I have invited all the medical royal colleges and the other statutory bodies to enter into talks with me about how, even at this stage of the Bill—if necessary, by statutory revision, which will have to occur in another place—we can devise new systems which will enable us to monitor and check to make sure that the higher standards of care are achieved. Those talks are going on now and I trust that they will reach a successful outcome.

    I am not taking lectures from the hon. Gentleman about filibusters. He conducted a filibuster about eight hours ago. Now he can listen to some serious content.

    In respect of care in the community, which is a particular concern of the hon. Member for Monklands, West, we are strengthening greatly the social services inspectorate in England.

    The Secretary of State must be aware that, although those may sound to him like fine words, they in no way match up to the promises given in Committee. If the Government are as convinced as the right hon. and learned Gentleman claims about the need for quality, let them show it by accepting what is a reasonable new clause. I hope that he will do that. But if he does not, I shall invite the House to divide on the issue.

    I am glad to hear that. As I said at the outset, the whole basis of our reforms is aimed at raising the quality of treatment and care in the Health Service and the community services. All that the Labour party can do after hours of debate and months of deliberation is to advocate the setting up of a new Committee. The bureaucratic approach to the Health Service which dominated its policy in the past will soon be swept away. If Labour Members wish to divide on this new clause, I trust that it will be rejected as wholly inadequate to the challenges facing the National Health Service which will be more properly addressed by our reforms, when they are implemented—on time—at the beginning of April 1991. That is when a better National Health Service will begin to be delivered.

    12 midnight

    That was as unsatisfactory as the rest of the Secretary of State's speech. I ask the House to divide.

    Question put, That the clause be read a Second time:—

    The House divided: Ayes 203, Noes 279.

    Division No. 127]

    [12 midnight

    AYES

    Abbott, Ms DianeFields, Terry (L'pool B G'n)
    Adams, Allen (Paisley N)Fisher, Mark
    Allen, GrahamFlannery, Martin
    Alton, DavidFlynn, Paul
    Anderson, DonaldFoot, Rt Hon Michael
    Archer, Rt Hon PeterFoster, Derek
    Armstrong, HilaryFraser, John
    Ashton, JoeFyfe, Maria
    Banks, Tony (Newham NW)Galloway, George
    Barnes, Harry (Derbyshire NE)Garrett, John (Norwich South)
    Barnes, Mrs Rosie (Greenwich)Garrett, Ted (Wallsend)
    Barron, KevinGeorge, Bruce
    Battle, JohnGilbert, Rt Hon Dr John
    Beggs, RoyGodman, Dr Norman A.
    Beith, A. J.Gordon, Mildred
    Benn, Rt Hon TonyGould, Bryan
    Bennett, A. F. (D'nt'n & R'dish)Graham, Thomas
    Bermingham, GeraldGrant, Bernie (Tottenham)
    Blair, TonyGriffiths, Nigel (Edinburgh S)
    Blunkett, DavidGriffiths, Win (Bridgend)
    Boateng, PaulHardy, Peter
    Boyes, RolandHarman, Ms Harriet
    Bradley, KeithHattersley, Rt Hon Roy
    Brown, Gordon (D'mline E)Henderson, Doug
    Brown, Nicholas (Newcastle E)Hinchliffe, David
    Brown, Ron (Edinburgh Leith)Hoey, Ms Kate (Vauxhall)
    Buchan, NormanHogg, N. (C'nauld & Kilsyth)
    Buckley, George J.Home Robertson, John
    Caborn, RichardHood, Jimmy
    Campbell, Menzies (Fife NE)Howarth, George (Knowsley N)
    Campbell, Ron (Blyth Valley)Howells, Geraint
    Campbell-Savours, D. N.Howells, Dr. Kim (Pontypridd)
    Carlile, Alex (Mont'g)Hoyle, Doug
    Cartwright, JohnHughes, John (Coventry NE)
    Clark, Dr David (S Shields)Hughes, Robert (Aberdeen N)
    Clarke, Tom (Monklands W)Hughes, Roy (Newport E)
    Clay, BobHughes, Simon (Southwark)
    Clelland, DavidIllsley, Eric
    Clwyd, Mrs AnnIngram, Adam
    Cohen, HarryJones, Barry (Alyn & Deeside)
    Coleman, DonaldJones, Ieuan (Ynys Môn)
    Cook, Robin (Livingston)Jones, Martyn (Clwyd S W)
    Cousins, JimKennedy, Charles
    Cox, TomKilfedder, James
    Crowther, StanLamond, James
    Cryer, BobLeadbitter, Ted
    Cummings, JohnLestor, Joan (Eccles)
    Dalyell, TamLewis, Terry
    Darling, AlistairLivingstone, Ken
    Davies, Rt Hon Denzil (Llanelli)Livsey, Richard
    Davies, Ron (Caerphilly)Lloyd, Tony (Stretford)
    Davis, Terry (B'ham Hodge H'l)Lofthouse, Geoffrey
    Dixon, DonLoyden, Eddie
    Dobson, FrankMcAllion, John
    Doran, FrankMcAvoy, Thomas
    Duffy, A. E. P.McCartney, Ian
    Dunnachie, JimmyMacdonald, Calum A.
    Eadie, AlexanderMcFall, John
    Eastham, KenMcKay, Allen (Barnsley West)
    Ewing, Harry (Falkirk E)McKelvey, William
    Ewing, Mrs Margaret (Moray)Maclennan, Robert
    Faulds, AndrewMcNamara, Kevin
    Fearn, RonaldMadden, Max
    Field, Frank (Birkenhead)Maginnis, Ken

    Mahon, Mrs AliceSalmond, Alex
    Marek, Dr JohnSedgemore, Brian
    Marshall, Jim (Leicester S)Sheerman, Barry
    Martin, Michael J. (Springburn)Sheldon, Rt Hon Robert
    Martlew, EricShore, Rt Hon Peter
    Meacher, MichaelShort, Clare
    Meale, AlanSillars, Jim
    Michael, AlunSkinner, Dennis
    Michie, Bill (Sheffield Heeley)Smith, C. (Isl'ton & F'bury)
    Michie, Mrs Ray (Arg'l & Bute)Smith, Rt Hon J. (Monk'ds E)
    Moonie, Dr LewisSmith, J. P. (Vale of Glam)
    Morgan, RhodriSmyth, Rev Martin (Belfast S)
    Morris, Rt Hon A. (W'shawe)Soley, Clive
    Mowlam, MarjorieSpearing, Nigel
    Mullin, ChrisSteel, Rt Hon Sir David
    Murphy, PaulSteinberg, Gerry
    Nellist, DaveStott, Roger
    Oakes, Rt Hon GordonTaylor, Mrs Ann (Dewsbury)
    Orme, Rt Hon StanleyTaylor, Rt Hon J. D. (S'ford)
    Owen, Rt Hon Dr DavidTaylor, Matthew (Truro)
    Paisley, Rev IanThompson, Jack (Wansbeck)
    Patchett, TerryTurner, Dennis
    Pendry, TomWallace, James
    Pike, Peter L.Walley, Joan
    Powell, Ray (Ogmore)Wardell, Gareth (Gower)
    Prescott, JohnWareing, Robert N.
    Primarolo, DawnWelsh, Andrew (Angus E)
    Quin, Ms JoyceWelsh, Michael (Doncaster N)
    Radice, GilesWigley, Dafydd
    Randall, StuartWilliams, Rt Hon Alan
    Redmond, MartinWilliams, Alan W. (Carm'then)
    Rees, Rt Hon MerlynWinnick, David
    Richardson, JoWise, Mrs Audrey
    Robertson, GeorgeWorthington, Tony
    Robinson, GeoffreyYoung, David (Bolton SE)
    Rogers, Allan
    Rooker, JeffTellers for the Ayes:
    Ross, Ernie (Dundee W)Mrs. Llin Golding and Mr. Frank Haynes.
    Ross, William (Londonderry E)
    Ruddock, Joan

    NOES

    Adley, RobertBurns, Simon
    Alexander, RichardButcher, John
    Alison, Rt Hon MichaelButler, Chris
    Allason, RupertButterfill, John
    Amery, Rt Hon JulianCarlisle, John, (Luton N)
    Amess, DavidCarlisle, Kenneth (Lincoln)
    Amos, AlanCarrington, Matthew
    Arbuthnot, JamesCarttiss, Michael
    Arnold, Jacques (Gravesham)Cash, William
    Arnold, Tom (Hazel Grove)Chalker, Rt Hon Mrs Lynda
    Atkins, RobertChannon, Rt Hon Paul
    Baker, Rt Hon K. (Mole Valley)Chapman, Sydney
    Baker, Nicholas (Dorset N)Churchill, Mr
    Baldry, TonyClark, Dr Michael (Rochford)
    Banks, Robert (Harrogate)Clark, Sir W. (Croydon S)
    Batiste, SpencerClarke, Rt Hon K. (Rushcliffe)
    Bellingharn, HenryColvin, Michael
    Bendall, VivianConway, Derek
    Bennett, Nicholas (Pembroke)Coombs, Anthony (Wyre F'rest)
    Benyon,W.Coombs, Simon (Swindon)
    Biffen, Rt Hon JohnCope, Rt Hon John
    Blaker, Rt Hon Sir PeterCouchman, James
    Body, Sir RichardCran, James
    Bonsor, Sir NicholasCurrie, Mrs Edwina
    Boscawen, Hon RobertCurry, David
    Boswell, TimDavies, Q. (Stamf'd & Spald'g)
    Bottomley, Mrs VirginiaDavis, David (Boothferry)
    Bowden, A (Brighton K'pto'n)Day, Stephen
    Bowden, Gerald (Dulwich)Devlin, Tim
    Bowis, JohnDorrell, Stephen
    Boyson, Rt Hon Dr Sir RhodesDouglas-Hamilton, Lord James
    Brandon-Bravo, MartinDover, Den
    Brazier, JulianDunn, Bob
    Bright, GrahamDurant, Tony
    Brown, Michael (Brigg & Cl't's)Eggar, Tim
    Bruce, Ian (Dorset South)Emery, Sir Peter
    Buck, Sir AntonyEvans, David (Welwyn Hatf'd)
    Budgen, NicholasFavell, Tony

    Fenner, Dame PeggyLloyd, Peter (Fareham)
    Field, Barry (Isle of Wight)Lord, Michael
    Fishburn, John DudleyLuce, Rt Hon Richard
    Forman, NigelLyell, Rt Hon Sir Nicholas
    Forsyth, Michael (Stirling)Macfarlane, Sir Neil
    Forth, EricMacGregor, Rt Hon John
    Fowler, Rt Hon Sir NormanMaclean, David
    Fox, Sir MarcusMcLoughlin, Patrick
    Freeman, RogerMcNair-Wilson, Sir Michael
    French, DouglasMadel, David
    Gale, RogerMalins, Humfrey
    Garel-Jones, TristanMans, Keith
    Gill, ChristopherMaples, John
    Glyn, Dr Sir AlanMarland, Paul
    Goodhart, Sir PhilipMarlow, Tony
    Goodson-Wickes, Dr CharlesMarshall, John (Hendon S)
    Gorman, Mrs TeresaMarshall, Michael (Arundel)
    Gorst, JohnMartin, David (Portsmouth S)
    Gow, IanMaude, Hon Francis
    Grant, Sir Anthony (CambsSW)Mawhinney, Dr Brian
    Greenway, John (Ryedale)Maxwell-Hyslop, Robin
    Gregory, ConalMayhew, Rt Hon Sir Patrick
    Griffiths, Peter (Portsmouth N)Mellor, David
    Grist, IanMeyer, Sir Anthony
    Ground, PatrickMills, Iain
    Grylls, MichaelMiscampbell, Norman
    Hague, WilliamMitchell, Andrew (Gedling)
    Hamilton, Hon Archie (Epsom)Mitchell, Sir David
    Hamilton, Neil (Tatton)Moate, Roger
    Hampson, Dr KeithMonro, Sir Hector
    Hanley, JeremyMontgomery, Sir Fergus
    Hannam, JohnMorris, M (N'hampton S)
    Hargreaves, Ken (Hyndburn)Moss, Malcolm
    Harris, DavidMoynihan, Hon Colin
    Haselhurst, AlanNeale, Gerrard
    Hayes, JerryNelson, Anthony
    Hayhoe, Rt Hon Sir BarneyNeubert, Michael
    Hayward, RobertNewton, Rt Hon Tony
    Heathcoat-Amory, DavidNicholls, Patrick
    Hicks, Mrs Maureen (Wolv' NE)Nicholson, David (Taunton)
    Hicks, Robert (Cornwall SE)Nicholson, Emma (Devon West)
    Higgins, Rt Hon Terence L.Norris, Steve
    Hill, JamesOnslow, Rt Hon Cranley
    Hind, KennethPage, Richard
    Hogg, Hon Douglas (Gr'th'm)Paice, James
    Howard, Rt Hon MichaelParkinson, Rt Hon Cecil
    Howell, Rt Hon David (G'dford)Patnick, Irvine
    Howell, Ralph (North Norfolk)Patten, Rt Hon Chris (Bath)
    Hughes, Robert G. (Harrow W)Pawsey, James
    Hunt, David (Wirral W)Peacock, Mrs Elizabeth
    Hunt, Sir John (Ravensbourne)Porter, Barry (Wirral S)
    Hurd, Rt Hon DouglasPorter, David (Waveney)
    Irvine, MichaelPortillo, Michael
    Irving, Sir CharlesPrice, Sir David
    Jack, MichaelRaison, Rt Hon Timothy
    Jackson, RobertRathbone, Tim
    Janman, TimRenton, Rt Hon Tim
    Jessel, TobyRidsdale, Sir Julian
    Johnson Smith, Sir GeoffreyRoberts, Wyn (Conwy)
    Jones, Gwilym (Cardiff N)Rossi, Sir Hugh
    Jones, Robert B (Herts W)Rost, Peter
    Jopling, Rt Hon MichaelRowe, Andrew
    Key, RobertRumbold, Mrs Angela
    King, Roger (B'ham N'thfield)Sackville, Hon Tom
    Kirkhope, TimothySayeed, Jonathan
    Knapman, RogerScott, Rt Hon Nicholas
    Knight, Greg (Derby North)Shaw, Sir Michael (Scarb')
    Knight, Dame Jill (Edgbaston)Shelton, Sir William
    Knowles, MichaelShephard, Mrs G. (Norfolk SW)
    Knox, DavidShepherd, Colin (Hereford)
    Lang, IanSims, Roger
    Latham, MichaelSkeet, Sir Trevor
    Lawrence, IvanSmith, Sir Dudley (Warwick)
    Lee, John (Pendle)Smith, Tim (Beaconsfield)
    Leigh, Edward (Gainsbor'gh)Speller, Tony
    Lennox-Boyd, Hon MarkSpicer, Sir Jim (Dorset W)
    Lester, Jim (Broxtowe) Squire, Robin
    Lightbown, DavidStanbrook, Ivor
    Lilley, PeterStanley, Rt Hon Sir John
    Lloyd, Sir Ian (Havant)Stern, Michael

    Stevens, LewisWaldegrave, Rt Hon William
    Stewart, Allan (Eastwood)Walden, George
    Stewart, Andy (Sherwood)Walker, Bill (T'side North)
    Stewart, Rt Hon Ian (Herts N)Waller, Gary
    Stokes, Sir JohnWard, John
    Stradling Thomas, Sir JohnWardle, Charles (Bexhill)
    Sumberg, DavidWatts, John
    Summerson, HugoWells, Bowen
    Taylor, Ian (Esher)Wheeler, Sir John
    Taylor, John M (Solihull)Widdecombe, Ann
    Taylor, Teddy (S'end E)Wiggin, Jerry
    Tebbit, Rt Hon NormanWilkinson, John
    Temple-Morris, PeterWilshire, David
    Thompson, D. (Calder Valley)Winterton, Mrs Ann
    Thompson, Patrick (Norwich N)Winterton, Nicholas
    Thorne, NeilWolfson, Mark
    Thornton, MalcolmWood, Timothy
    Thurnham, PeterWoodcock, Dr. Mike
    Tracey, RichardYeo, Tim
    Tredinnick, DavidYoung, Sir George (Acton)
    Trippier, David
    Trotter, NevilleTellers for the Noes:
    Twinn, Dr IanAlastair Goodlad and Michael Fallon.
    Waddington, Rt Hon David

    Question accordingly negatived.

    It being after Twelve o'clock, MADAM DEPUTY SPEAKER proceeded to put forthwith the Questions which she was directed to put at that hour, pursuant to the Order [14 March.]

    Question put, That amendments Nos. 39 to 141, 158, 256, 275, 286 and 341, remaining to be made, be made to the Bill:—

    The House divided: Ayes 276, Noes 202.

    Division No. 128]

    [12.13 am

    AYES

    Adley, RobertButterfill, John
    Alexander, RichardCarlisle, John, (Luton N)
    Alison, Rt Hon MichaelCarlisle, Kenneth (Lincoln)
    Allason, RupertCarrington, Matthew
    Amery, Rt Hon JulianCarttiss, Michael
    Amess, DavidCash, William
    Amos, AlanChalker, Rt Hon Mrs Lynda
    Arbuthnot, JamesChannon, Rt Hon Paul
    Arnold, Jacques (Gravesham)Chapman, Sydney
    Arnold, Tom (Hazel Grove)Churchill, Mr
    Atkins, RobertClark, Dr Michael (Rochford)
    Baker, Rt Hon K. (Mole Valley)Clark, Sir W. (Croydon S)
    Baker, Nicholas (Dorset N)Clarke, Rt Hon K. (Rushcliffe)
    Baldry, TonyColvin, Michael
    Banks, Robert (Harrogate)Conway, Derek
    Batiste, SpencerCoombs, Anthony (Wyre F'rest)
    Bellingham, HenryCoombs, Simon (Swindon)
    Bendall, VivianCope, Rt Hon John
    Bennett, Nicholas (Pembroke)Couchman, James
    Benyon, W.Cran, James
    Biffen, Rt Hon JohnCurrie, Mrs Edwina
    Blaker, Rt Hon Sir PeterCurry, David
    Body, Sir RichardDavies, Q. (Stamf'd & Spald'g)
    Bonsor, Sir NicholasDavis, David (Boothferry)
    Boscawen, Hon RobertDay, Stephen
    Boswell, TimDevlin, Tim
    Bottomley, Mrs VirginiaDorrell, Stephen
    Bowden, A (Brighton K'pto'n)Douglas-Hamilton, Lord James
    Bowden, Gerald (Dulwich)Dover, Den
    Bowis, JohnDunn, Bob
    Boyson, Rt Hon Dr Sir RhodesDurant, Tony
    Brandon-Bravo, MartinEggar, Tim
    Brazier, JulianEmery, Sir Peter
    Bright, GrahamEvans, David (Welwyn Hatf'd)
    Brown, Michael (Brigg & Cl't's)Fallon, Michael
    Bruce, Ian (Dorset South)Favell, Tony
    Buck, Sir AntonyFenner, Dame Peggy
    Buckley, George J.Field, Barry (Isle of Wight)
    Burns, SimonFishburn, John Dudley
    Butcher, JohnForman, Nigel
    Butler, ChrisForsyth, Michael (Stirling)

    Forth, EricMcNair-Wilson, Sir Michael
    Fowler, Rt Hon Sir NormanMadel, David
    Fox, Sir MarcusMalins, Humfrey
    Freeman, RogerMans, Keith
    French, DouglasMaples, John
    Gale, RogerMarland, Paul
    Garel-Jones, TristanMarlow, Tony
    Gill, ChristopherMarshall, John (Hendon S)
    Glyn, Dr Sir AlanMarshall, Michael (Arundel)
    Goodhart, Sir PhilipMartin, David (Portsmouth S)
    Goodson-Wickes, Dr CharlesMaude, Hon Francis
    Gorman, Mrs TeresaMawhinney, Dr Brian
    Gorst, JohnMaxwell-Hyslop, Robin
    Gow, IanMayhew, Rt Hon Sir Patrick
    Grant, Sir Anthony (CambsSW)Mellor, David
    Greenway, John (Ryedale)Meyer, Sir Anthony
    Gregory, ConalMills, Iain
    Griffiths, Peter (Portsmouth N)Miscampbell, Norman
    Grist, IanMitchell, Andrew (Gedling)
    Ground, PatrickMitchell, Sir David
    Grylls, MichaelMoate, Roger
    Hague, WilliamMonro, Sir Hector
    Hamilton, Hon Archie (Epsom)Montgomery, Sir Fergus
    Hamilton, Neil (Tatton)Morris, M (N'hampton S)
    Hampson, Dr KeithMoss, Malcolm
    Hanley, JeremyNeale, Gerrard
    Hannam, JohnNelson, Anthony
    Hargreaves, Ken (Hyndburn)Neubert, Michael
    Harris, DavidNewton, Rt Hon Tony
    Haselhurst, AlanNicholls, Patrick
    Hayes, JerryNicholson, David (Taunton)
    Hayward, RobertNicholson, Emma (Devon West)
    Heathcoat-Amory, DavidNorris, Steve
    Hicks, Mrs Maureen (Wolv' NE)Onslow, Rt Hon Cranley
    Hicks, Robert (Cornwall SE)Page, Richard
    Higgins, Rt Hon Terence L.Paice, James
    Hill, JamesParkinson, Rt Hon Cecil
    Hind, KennethPatnick, Irvine
    Hogg, Hon Douglas (Gr'th'm)Patten, Rt Hon Chris (Bath)
    Howard, Rt Hon MichaelPawsey, James
    Howell, Rt Hon David (G'dford)Peacock, Mrs Elizabeth
    Howell, Ralph (North Norfolk)Porter, Barry (Wirral S)
    Hughes, Robert G. (Harrow W)Porter, David (Waveney)
    Hunt, David (Wirral W)Portillo, Michael
    Hunt, Sir John (Ravensbourne)Price, Sir David
    Irvine, MichaelRaison, Rt Hon Timothy
    Irving, Sir CharlesRathbone, Tim
    Jack, MichaelRenton, Rt Hon Tim
    Jackson, RobertRidsdale, Sir Julian
    Janman, TimRoberts, Wyn (Conwy)
    Jessel, TobyRossi, Sir Hugh
    Johnson Smith, Sir GeoffreyRost, Peter
    Jones, Gwilym (Cardiff N)Rowe, Andrew
    Jones, Robert B (Herts W)Rumbold, Mrs Angela
    Jopling, Rt Hon MichaelSackville, Hon Tom
    Key, RobertSayeed, Jonathan
    King, Roger (B'ham N'thfield)Scott, Rt Hon Nicholas
    Kirkhope, TimothyShaw, Sir Michael (Scarb')
    Knapman, RogerShelton, Sir William
    Knight, Dame Jill (Edgbaston)Shephard, Mrs G. (Norfolk SW)
    Knowles, MichaelShepherd, Colin (Hereford)
    Knox, DavidSims, Roger
    Lang, IanSkeet, Sir Trevor
    Latham, MichaelSmith, Sir Dudley (Warwick)
    Lawrence, IvanSmith, Tim (Beaconsfield)
    Lee, John (Pendle)Speller, Tony
    Leigh, Edward (Gainsbor'gh)Spicer, Sir Jim (Dorset W)
    Lennox-Boyd, Hon MarkSquire, Robin
    Lester, Jim (Broxtowe)Stanbrook, Ivor
    Lightbown, DavidStanley, Rt Hon Sir John
    Lilley, PeterStern, Michael
    Lloyd, Sir Ian (Havant)Stevens, Lewis
    Lloyd, Peter (Fareham)Stewart, Allan (Eastwood)
    Lord, MichaelStewart, Andy (Sherwood)
    Luce, Rt Hon RichardStewart, Rt Hon Ian (Herts N)
    Lyell, Rt Hon Sir NicholasStokes, Sir John
    Macfarlane, Sir NeilStradling Thomas, Sir John
    MacGregor, Rt Hon JohnSumberg, David
    Maclean, DavidSummerson, Hugo
    McLoughlin, PatrickTaylor, Ian (Esher)

    Taylor, John M (Solihull)Wardle, Charles (Bexhill)
    Taylor, Teddy (S'end E)Watts, John
    Tebbit, Rt Hon NormanWells, Bowen
    Temple-Morris, PeterWheeler, Sir John
    Thompson, D. (Calder Valley)Widdecombe, Ann
    Thompson, Patrick (Norwich N)Wiggin, Jerry
    Thorne, NeilWilkinson, John
    Thornton, MalcolmWilshire, David
    Thurnham, PeterWinterton, Mrs Ann
    Tracey, RichardWinterton, Nicholas
    Trippier, DavidWolfson, Mark
    Trotter, NevilleWood, Timothy
    Twinn, Dr IanWoodcock, Dr. Mike
    Waddington, Rt Hon DavidYeo, Tim
    Waldegrave, Rt Hon WilliamYoung, Sir George (Acton)
    Walden, George
    Walker, Bill (T'side North)Tellers for the Ayes:
    Waller, GaryMr. Alastair Goodland and Mr. Greg Knight.
    Ward, John

    NOES

    Abbott, Ms DianeFaulds, Andrew
    Adams, Allen (Paisley N)Fearn, Ronald
    Allen, GrahamField, Frank (Birkenhead)
    Alton, DavidFields, Terry (L'pool B G'n)
    Anderson, DonaldFisher, Mark
    Archer, Rt Hon PeterFlannery, Martin
    Armstrong, HilaryFlynn Paul
    Ashton, JoeFoot, Rt Hon Michael
    Banks, Tony (Newham NW)Foster, Derek
    Barnes, Harry (Derbyshire NE)Fraser, John
    Barnes, Mrs Rosie (Greenwich)Fyfe, Maria
    Barron, KevinGalloway, George
    Battle, JohnGarrett, John (Norwich South)
    Beggs, RoyGarrett, Ted (Wallsend)
    Beith, A. J.George, Bruce
    Benn, Rt Hon TonyGilbert, Rt Hon Dr John
    Bennett, A. F. (D'nt'n & R'dish)Godman, Dr Norman A.
    Bermingham, GeraldGolding, Mrs Llin
    Blair, TonyGordon, Mildred
    Boateng, PaulGould, Bryan
    Boyes, RolandGraham, Thomas
    Bradley, KeithGrant, Bernie (Tottenham)
    Brown, Gordon (D'mline E)Griffiths, Nigel (Edinburgh S)
    Brown, Nicholas (Newcastle E)Griffiths, Win (Bridgend)
    Brown, Ron (Edinburgh Leith)Hardy, Peter
    Buchan, NormanHarman, Ms Harriet
    Buckley, George J.Hattersley, Rt Hon Roy
    Caborn, RichardHaynes, Frank
    Campbell, Menzies (Fife NE)Henderson, Doug
    Campbell, Ron (Blyth Valley)Hinchliffe, David
    Campbell-Savours, D. N.Hoey, Ms Kate (Vauxhall)
    Cartwright, JohnHogg, N. (C'nauld & Kilsyth)
    Clark, Dr David (S Shields)Home Robertson, John
    Clarke, Tom (Monklands W)Hood, Jimmy
    Clay, BobHowarth, George (Knowsley N)
    Clelland, DavidHowells, Geraint
    Clwyd, Mrs AnnHowells, Dr. Kim (Pontypridd)
    Cohen, HarryHoyle, Doug
    Coleman, DonaldHughes, John (Coventry NE)
    Cook, Robin (Livingston)Hughes, Robert (Aberdeen N)
    Cousins, JimHughes, Roy (Newport E)
    Cox, TomHughes, Simon (Southwark)
    Crowther, StanIllsley, Eric
    Cryer, BobIngram, Adam
    Cummings, JohnJones, Barry (Alyn & Deeside)
    Dalyell, TamJones, Ieuan (Ynys Môn)
    Darling, AlistairJones, Martyn (Clwyd S W)
    Davies, Rt Hon Denzil (Llanelli)Kennedy, Charles
    Davies, Ron (Caerphilly)Kilfedder, James
    Davis, Terry (B'ham Hodge H'l)Lamond, James
    Dixon, DonLeadbitter, Ted
    Dobson, Frank ALestor, Joan (Eccles)
    Doran, FrankLewis, Terry
    Duffy, A. E. P.Livingstone, Ken
    Dunnachie, Jimmy Livsey, Richard
    Eadie, AlexanderLloyd, Tony (Stretford)
    Eastham, KenLofthouse, Geoffrey
    Ewing, Harry (Falkirk E)Loyden, Eddie
    Ewing, Mrs Margaret (Moray)McAllion, John

    McAvoy, ThomasRogers, Allan
    McCartney, IanRooker, Jeff
    Macdonald, Calum A.Ross, Ernie (Dundee W)
    McFall, JohnRoss, William (Londonderry E)
    McKay, Allen (Barnsley West)Rowlands, Ted
    McKelvey, WilliamRuddock, Joan
    Maclennan, RobertSalmond, Alex
    McNamara, KevinSedgemore, Brian
    Madden, MaxSheerman, Barry
    Maginnis, KenSheldon, Rt Hon Robert
    Mahon, Mrs AliceShort, Clare
    Marek, Dr JohnSillars, Jim
    Marshall, Jim (Leicester S)Skinner, Dennis
    Martin, Michael J. (Springburn)Smith, C. (Isl'ton & F'bury)
    Martlew, EricSmith, Rt Hon J. (Monk'ds E)
    Meacher, MichaelSmith, J. P. (Vale of Glam)
    Meale, AlanSmyth, Rev Martin (Belfast S)
    Michael, AlunSoley, Clive
    Michie, Bill (Sheffield Heeley)Spearing, Nigel
    Michie, Mrs Ray (Arg'l & Bute)Steel, Rt Hon Sir David
    Moonie, Dr LewisSteinberg, Gerry
    Morgan, RhodriStott, Roger
    Morris, Rt Hon A. (W'shawe)Taylor, Mrs Ann (Dewsbury)
    Mowlam, MarjorieTaylor, Rt Hon J. D. (S'ford)
    Mullin, ChrisTaylor, Matthew (Truro)
    Murphy, PaulThompson, Jack (Wansbeck)
    Nellist, DaveTurner, Dennis
    Orme, Rt Hon StanleyWalley, Joan
    Owen, Rt Hon Dr DavidWarden, Gareth (Gower)
    Paisley, Rev IanWareing, Robert N.
    Patchett, TerryWelsh, Andrew (Angus E)
    Pendry, TomWelsh, Michael (Doncaster N)
    Pike, Peter L.Wigley, Dafydd
    Powell, Ray (Ogmore)Williams, Rt Hon Alan
    Prescott, JohnWilliams, Alan W. (Carm'then)
    Primarolo, DawnWinnick, David
    Quin, Ms JoyceWise, Mrs Audrey
    Radice, GilesWorthington, Tony
    Randall, StuartYoung, David (Bolton SE)
    Redmond, Martin
    Rees, Rt Hon MerlynTellers for the Noes:
    Richardson, JoMr. James Wallace and Mr. Alex Carlile.
    Robertson, George
    Robinson, Geoffrey

    Question accordingly agreed to.