Which amendments to the NHS bill would the government accept?

The Lords has been debating the Owen/Hennessy amendment to the NHS bill, which threatens to upset the coalition. Owen and Hennessy have called for the bill to be referred to an extraordinary committee, which would report by 19 December, and they insist that the secretary of state must remain ultimately responsible for services. 

Lord Howe opened for the government and spoke of the need to delegate power away from the secretary of state. The he added:

‘We are unequivocally clear that the Bill safeguards the Secretary of State’s accountability. However we are willing to listen to and consider the concerns that have been raised and make any necessary amendment to put the matter beyond doubt.’

That last sentence is intriguing because it’s not clear which amendments are acceptable to the government. The FT’s Kiran Stacey reports that Lord Howe circulated a letter about the Owen/Hennessy amendment earlier this morning which explicitly stated that:

‘[The] potential for slippage in the timetable carries grave implications for the government’s ability to achieve royal assent for the bill by the end of the session. The bill cannot be carried over from this session to the next.’

In other words, the current amendment, and indeed further extended debate, threatens the very future of the bill, which is unconscionable. Coffee House will report back when the Department of Health indicates which amendments Howe was referring to.

UPDATE: The Department of Health replies:

“We welcome the scrutiny that the Bill will receive as it passes through the House of Lords. We stand by our proposals: the Bill will ensure that the Secretary of State retains ultimate responsibility and accountability for the NHS while empowering the professionals closest to patients to take clinical decisions. As we made clear in our response to the Lords Constitution Committee, we do not believe any amendments are required. However, as Paul Burstow told MPs at Report and Earl Howe reiterated to Peers today, we are willing to listen to concerns and consider amendments if necessary to put beyond doubt that the Secretary of State remains responsible and accountable for a comprehensive health service.”

This non-answer to the question suggests that the government’s strategy is merely to offer the chance of unspecified compromise. They may have to offer more. Labour’s opposition to the bill and the voting arithmetic in the Lords means that Owen and Hennessy need about 80 peers to derail the legislation.