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House of Lords Official Report Vol. 742 Wednesday No. 95 16 January 2013 PARLIAMENTARY DEBATES (HANSARD) HOUSE OF LORDS OFFICIAL REPORT ORDER OF BUSINESS Questions Property: Leasehold Valuation Tribunal NHS: Clinical Commissioning Groups Education: School Leavers EU: UK’s National and Trade Interest Age of Criminal Responsibility Bill [HL] First Reading Growth and Infrastructure Bill Order of Consideration Motion Legislative Reform (Constitution of Veterinary Surgeons Preliminary Investigation and Disciplinary Committees) Order 2013 Motion to Approve European Union (Croatian Accession and Irish Protocol) Bill Report European Union (Approvals) Bill [HL] Report Scotland Act 1998 (Modification of Schedule 5) Order 2013 Motion to Approve Health: Medical Innovation Question for Short Debate Grand Committee Enterprise and Regulatory Reform Bill Committee (8th Day) Written Statements Written Answers For column numbers see back page £4·00 Lords wishing to be supplied with these Daily Reports should give notice to this effect to the Printed Paper Office. The bound volumes also will be sent to those Peers who similarly notify their wish to receive them. No proofs of Daily Reports are provided. Corrections for the bound volume which Lords wish to suggest to the report of their speeches should be clearly indicated in a copy of the Daily Report, which, with the column numbers concerned shown on the front cover, should be sent to the Editor of Debates, House of Lords, within 14 days of the date of the Daily Report. This issue of the Official Report is also available on the Internet at www.publications.parliament.uk/pa/ld201213/ldhansrd/index/130116.html PRICES AND SUBSCRIPTION RATES DAILY PARTS Single copies: Commons, £5; Lords £4 Annual subscriptions: Commons, £865; Lords £600 LORDS VOLUME INDEX obtainable on standing order only. Details available on request. BOUND VOLUMES OF DEBATES are issued periodically during the session. Single copies: Commons, £105; Lords, £60 (£100 for a two-volume edition). Standing orders will be accepted. THE INDEX to each Bound Volume of House of Commons Debates is published separately at £9·00 and can be supplied to standing order. All prices are inclusive of postage. © Parliamentary Copyright House of Lords 2013, this publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 683 Property: Leasehold Valuation Tribunal[16 JANUARY 2013] NHS: Clinical Commissioning Groups 684 House of Lords NHS: Clinical Commissioning Groups Question Wednesday, 16 January 2013. 3.09 pm Asked By Lord Hunt of Kings Heath 3pm To ask Her Majesty’s Government why the NHS Commissioning Board is discontinuing the poverty Prayers—read by the Lord Bishop of Exeter. element in the funding formula for allocation to clinical commissioning groups. Lord Hunt of Kings Heath: My Lords, I beg leave to Property: Leasehold Valuation Tribunal ask the Question standing in my name on the Order Question Paper and declare my interests on the register. 3.06 pm The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): My Lords, I can reassure the Asked By Baroness Gardner of Parkes noble Lord that the board has not discontinued the To ask Her Majesty’s Government whether they poverty element of the funding formula. The board will review the workings of the leasehold valuation was concerned that while the formula provides an tribunal. accurate model of healthcare need as currently met, if implemented it would target resources away from those areas with the worst health outcomes. It has therefore Baroness Gardner of Parkes: My Lords, in asking decided to give all clinical commissioning groups the the Question in my name on the Order Paper, I declare same growth while launching a fundamental review of that my interest is recorded in the register. allocations. Lord Hunt of Kings Heath: My Lords, I am grateful The Minister of State, Ministry of Justice (Lord McNally): to the noble Earl for that explanation and understand My Lords, we have no plans to review the working of that a flat-rate increase is to be given next year on top the leasehold valuation tribunal. However, later this of the existing formula. Will he assure me that if the year, the tribunal will transfer into the newly established national Commissioning Board, after this review, decides property chamber in the First-tier Tribunal, in line not to go down the route that the previous Secretary with our recently published administrative justice strategic of State, Mr Lansley, wanted this review to take—namely, work programme. In addition to improved deployment to take money away from the poorer areas and give it of judicial resources, the tribunal will operate under to the well off areas—it will see no interference whatever new procedural rules, which will continue to ensure from Ministers in relation to that decision? that all parties will have greater access to an efficient, proportionate and fairer system of justice. Earl Howe: My Lords, that is a very important principle. It is one of the reasons why we felt that the NHS Commissioning Board should be responsible for Baroness Gardner of Parkes: Is the Minister aware the allocation of resources to CCGs and not Ministers, that in the Housing Act 1996, when the leasehold to avoid any perception of party-political interference. valuation tribunal was set up, the aim was to make it However, the Government’s mandate to the board within the reach of every leaseholder to be able, for the makes clear that we would expect the board to place amount of £500, to bring his case to the tribunal? Is he equal access for equal need at the heart of its approach aware that now many landlords—whether they win or to allocations. That is why ACRA has been charged lose, even if they have no hope of costs—are charging with developing formulae independently to support their heavy legal expenses back through the management the decision that the board takes. schemes in the blocks of flats? Baroness Jolly: My Lords, the first rule of funding Lord McNally: I pay tribute to the noble Baroness’s is that recipients are never happy with their allocation. long campaign on this issue. She was an active participant Given that, will the Minister assure the House that, in the Bill that became the 1996 Act. She is absolutely with new configurations that we have with public correct that the right of the managing agent to claw health and CCGs, the model used will regularly be back costs of litigation can be written into leases. This reviewed to ensure that it remains fit for purpose? can be countermanded by an application to the court under Section 20C of the Landlord and Tenant Act 1985, Earl Howe: Yes, my Lords. As I have indicated, as but that has to be a proactive action by the leaseholder. regards the NHS allocations, the board is clear that We are looking at ways to make leaseholders more the model needs to be reviewed. That does not necessarily aware that, if such a clause is written into their lease, mean that it will need to change; the board will have to they have this power to take action to have it set aside keep an open mind about that. Clearly, the board was by the tribunal. not happy that the formula as currently constructed 685 NHS: Clinical Commissioning Groups[LORDS] NHS: Clinical Commissioning Groups 686 [EARL HOWE] Lord Cormack: It is a very well-deserved honour. best met future needs. As regards public health, I Does he have regular meetings with the chairman of think that we are in a better place. As my noble friend the board, and what plans he has for that? will know, the allocations were announced recently and they provide for considerable real-terms increases Earl Howe: I am very grateful to my noble friend. I everywhere around the country. have meetings from time to time with the chairman of the NHS Commissioning Board, as does my right Lord Mawhinney: My Lords, if the Commissioning honourable friend the Secretary of State. I also meet Board decides to change the present formula, will the regularly with the chief executive of the Commissioning new proposal be subject to public consultation before Board. It is important that there is that interaction it is implemented? between Ministers and the board if there is to be proper accountability. Earl Howe: My Lords, ACRA, the independent committee, will take advice from all relevant quarters. I am sure that the advice it receives will be taken on Lord Laming: Will the Minister say whether poverty board. I do not think that there will be a public was the only element that was removed and, if so, why consultation as such but, if I am wrong about that, I was this singled out? will write to my noble friend. Earl Howe: Poverty was not removed. As I hope I Lord Rea: Will the noble Earl reassure us that this have outlined, there are various criteria reflecting new allocation committee will take fully into account deprivation which are most certainly relevant to the the fact that poor people have worse health and, fair allocation of resources. Age is clearly another therefore, in an equitable system, it will cost more to factor, because it would be difficult to envisage an include them in the full services that the NHS can allocation formula that did not take it into account; it provide? Will he reassure us that that will be taken is the key factor in determining an individual’s need adequately into account and that proper measurements for healthcare. That is not to say that other factors will be made of the health differences between social such as deprivation should not continue to be considered.
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