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In rolling out the registration system to bring in NHS providers for the first time, the Care Quality Commission will give priority to healthcare-associated infections. The Healthcare Commission is already undertaking annual inspections of hospitals to ensure compliance with the code of practice, so this expertise and resource can be carried forward to continue monitoring compliance under the new system. Both social care and private and voluntary healthcare will continue to be regulated under the Care Standards Act, where sanction and enforcement powers already exist. They will continue to have to comply with the relevant regulations relating to infection control until the new registration system is up and running.
As others have pointed out, many of the required savings have already been made by CSCI and the Healthcare Commission. Further savings in operating costs of the new body will come from rationalising back-office functions and from increasing integrated and efficient working practices.
As already discussed, the commission will need to carry out all of its functions in order to meet its statutory obligations, not least its social care and mental health functions. I hope this provides some reassurance that there is no intention to sideline the regulation of social care as a result of the importance placed on healthcare-associated infections and indeed the intention is absolutely that this focus will benefit those receiving social care as well as healthcare.
To ensure this is the case, I agree with noble Lords that proper consultation must be carried out before a code of practice is issued. This is why the Bill makes provision for the Secretary of State to consult those he considers appropriate and I would, of course, expect this to include the people who use health and social care services, service providers and local authorities,
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Given the importance we attach to getting this right, the public will want to be reassured that the commission is taking appropriate action where providers fail to meet requirements on tackling healthcare-associated infections, as the noble Earl and noble Baroness are suggesting. This is the intention behind Clause 85 as drafted, enabling the Secretary of State to make regulations, which either allow or require the commission to publish information about the enforcement action it has taken.
This will enable the commission to demonstrate the action it is taking when carrying out its functions and to reassure patients and service users that services which persistently fail will not be able to continue to provide services. The public will be able to access information about service providers where enforcement action has been taken. It should also be an additional incentive for providers to comply with requirements and avoid enforcement action. Publishing details of its enforcement action will also show that the commission is open and transparent in the way it carries out its functions.
I therefore believe that Clause 85 as drafted already allows for the provisions set out in Amendment No. 110 and can achieve the transparency sought by that amendment. I hope that I have provided sufficient reassurance on these counts to allow noble Lords to withdraw these amendments.
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Baroness Barker: I thank the noble Baroness for that answer. It is important that there is transparency right from the beginning about the CQC’s funding and the way in which that funding relates to its functions, objectives and priorities. I hear what the noble Baroness says about the notification process. However, I say again that there is a huge difference between an acute hospital and a small domiciliary care scheme. We are talking about a system that must cover both and be proportionate to both. However, with that, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 18 [Consultation etc. in relation to code of practice under s.17]:
[Amendment No. 55A not moved.]
Clause 19 [Guidance as to compliance with requirements]:
Baroness Thornton: This may be a convenient moment for the Committee to adjourn until next Monday at 3.30 pm.
The Deputy Chairman of Committees (Viscount Ullswater): The Committee stands adjourned until Monday 12 May at 3.30 pm.
- The Committee adjourned at 7.49 pm.
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