Health and Care Bill — Clause 135 — Regulations — Veto for Devolved Governments — 23 Nov 2021 at 18:00

The majority of MPs voted not to give devolved Governments in Scotland, Wales and Northern Ireland a veto on a range of NHS Governance matters including transferring functions between health bodies.

MPs were considering the Health and Care Bill.^[1][2][3]

The amendment rejected in this vote was:

• Amendment 82, page 117, line 14, at end insert—
• “(2A) Regulations may only be made under this Act with the consent of the—
• (a) Scottish Ministers insofar as they make provision for any matter which falls within the legislative competence of the Scottish Parliament,
• (b) Welsh Ministers insofar as they make provision for any matter which falls within the legislative competence of Senedd Cymru, and
• (c) Northern Ireland Ministers insofar as they make provision for any matter which falls within the legislative competence of the Northern Ireland Assembly.”

The rejected amendment was accompanied by the following explanatory notice:

• This amendment would require the Secretary of State for Health and Social Care to obtain the consent of the relevant devolved government before powers to make regulations under the Act in an area falling within the legislative competence of a devolved institution, are exercised.

The powers to create regulations in the Bill relate to matters including transferring functions between public health bodies, delegating minister's powers, and deciding when to bring various elements of the Bill into force.

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• [1] Parliament's webpage on the Health and Care Bill, Parliament.uk
• [2] Health and Care Bill as amended in Public Bill Committee, 2 November 2021, Parliament.uk
• [3] Explanatory notes to the Health and Care Bill as introduced on 6 July 2021, Parliament.uk

Debate in Parliament |