The Committee consisted of the following Members:
Chair: Mrs Sheryll Murray
† Baker, Mr Steve (Minister of State, Northern Ireland Office)
† Elmore, Chris (Ogmore) (Lab)
† Evans, Dr Luke (Bosworth) (Con)
† French, Mr Louie (Old Bexley and Sidcup) (Con)
† Hunt, Jane (Loughborough) (Con)
† Hunt, Tom (Ipswich) (Con)
† Kyle, Peter (Hove) (Lab)
Logan, Mark (Bolton North East) (Con)
McDonnell, John (Hayes and Harlington) (Lab)
Mahmood, Mr Khalid (Birmingham, Perry Barr) (Lab)
Mearns, Ian (Gateshead) (Lab)
† Mortimer, Jill (Hartlepool) (Con)
Osamor, Kate (Edmonton) (Lab/Co-op)
† Randall, Tom (Gedling) (Con)
† Robinson, Mary (Cheadle) (Con)
† Whittome, Nadia (Nottingham East) (Lab)
† Young, Jacob (Redcar) (Con)
Bethan Harding, Committee Clerk
† attended the Committee
First Delegated Legislation Committee
Monday 17 October 2022
[Mrs Sheryll Murray in the Chair]
Draft Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022
I welcome the Minister to his place. I call him to move the motion.
I beg to move,
That the Committee has considered the draft Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022.
Mrs Murray, it is a particular pleasure to serve with you in the Chair. I have absolutely no recollection of serving on a Statutory Instrument Committee as a Minister before. When I was previously a Minister, I think I was the cause of statutory instruments, but I do not recall doing one myself, so it is a joy to be here today.
The Health and Social Care Act (Northern Ireland) 2022 was passed by the Northern Ireland Assembly and received Royal Assent on 7 February 2022. This draft instrument makes consequential amendments.
The Act provided for the dissolution of the regional Health and Social Care Board and the transfer of its functions to the five Northern Ireland Department of Health social care trusts. A number of UK Parliament and Scottish Parliament Acts make reference to the now dissolved regional Health and Social Care Board, and we are amending those references that are outside the legislative competence of the Northern Ireland Assembly. Secondary legislation is therefore required to make consequential amendments to update any references to the regional Health and Social Care Board, so that “Northern Ireland Department of Health” or “health and social care trusts” are referenced instead. The draft order therefore seeks to update those references.
The primary purpose of the Northern Ireland Health and Social Care Act was to implement recommendations made following a number of independent reviews and reports that had been commissioned, which found the existing health system to be overly bureaucratic and complex. That included the dissolution of the regional Health and Social Care Board and the transfer of its functions to the five trusts.
After the Act received Royal Assent, the Northern Ireland Health Minister requested that my Department take forward secondary legislation to make the consequential amendments to UK Parliament and Scottish Parliament Acts in which the now dissolved board is referenced. My officials, to whom I am very grateful, have worked closely with colleagues across UK Departments and with legal colleagues to identify the list of such Acts. There are 25 of them in total.
The draft order seeks to update the references so that “Northern Ireland Department of Health” or “health and social care trusts” are referenced instead. The order was passed in the House of Lords without opposition on 5 September 2022. I ask that the Committee supports the order so that the references may be updated. I commend the order to the Committee.
It is a pleasure to serve under your chairship, Mrs Murray, for the first time, and I hope not for the last. I also commend the Minister for his maiden statutory instrument speech. It was magnificent.
This should be a short and uncontroversial debate. We support the measures that the Government are taking to ensure that our Westminster legislation matches the Northern Ireland Assembly’s Health and Social Care Act. The Act passed by the Assembly provided for the dissolution of the regional Health and Social Care Board, transferring its functions to the five Northern Ireland health and social care trusts.
I pay tribute to the officials who have been working hard to identify the 25 Acts that now have out-of-date references and need to be updated. It is good that devolved government allowed Northern Ireland representatives to legislate on health earlier this year. Northern Ireland of course has particular challenges in health: there is a serious problem with waiting lists in Northern Ireland, in both primary and secondary healthcare. People in Northern Ireland deserve a functional Government who can deliver for all communities on health and social care.
The draft order stems from a devolved policy area. We support restoring the institutions in Northern Ireland so that more Acts can be passed there. The Labour party cherishes the Belfast/Good Friday agreement and believes that its functions and the principles that underpin it represent the best way forward for Northern Ireland. I thank the Minister and you, Mrs Murray.
This is an uncontroversial measure, but I agree with the hon. Member for Hove: it is vital that functional Government is restored in Northern Ireland. We agree about restoring the institutions and we, too, cherish the Belfast/Good Friday agreement. I am grateful that Members are not contesting these uncontroversial consequential amendments.
Question put and agreed to.
Committee rose.