Draft Commissioner for Patient Safety (Appointment and Operation) (England) Regulations 2022

Maria Caulfield Excerpts

Monday 14th March 2022 General Committees

[The Parliamentary Under-Secretary of State for Health and Social Care (Maria Caulfield)]

I beg to move,

That the Committee has considered the draft Commissioner for Patient Safety (Appointment and Operation) (England) Regulations 2022.

It is a pleasure to serve under your chairmanship, Dr Huq. Patient safety remains a top priority for the Government, and we continue to place enormous emphasis on making our NHS as safe as possible for patients. Although we have made good progress, we know that more work needs to be done. In July last year, the Government published their formal response to the recommendations in the independent medicines and medical devices safety review, setting out an ambitious programme for change. That included our acceptance of the recommendation to appoint a patient safety commissioner with a remit covering medicines and medical devices.

We are making good progress towards fulfilling that important commitment. We included provisions in the Medicines and Medical Devices Act 2021 to establish the commissioner and set out their core duties. We also held a public consultation between June and August last year on the details of the commissioner’s appointment and operation, and in January we started the process to recruit the very first patient safety commissioner. The job advert closed on 1 February and we hope to make an appointment by the spring. This statutory instrument will allow the Government to make legislative provisions about the appointment and the operation of the role.

Our public consultation covered details such as term of office, reappointment arrangements and remuneration, and we are grateful to all those who took the time to engage with our proposals and share their views. I am pleased to report that each proposal was supported by more than half of those who responded, with 59% to 91% of respondents being in agreement. Having considered all the responses carefully, we have laid before the House a draft statutory instrument that will implement the proposals put forward in our consultation. The instrument will enable the patient safety commissioner to function effectively by providing a clear legislative framework within which they can operate. I am aware that some respondents were concerned that the appointment time would be too short a period for the commissioner to establish themselves; however, the draft regulations also allow for the commissioner to be reappointed for an additional three years, in effect giving them up to six years in office.

[Sir Greg Knight (East Yorkshire) (Con)]

Will the Minister clarify that point? Paragraph 7.5 of the explanatory memorandum states:

“The Commissioner for Patient Safety will be eligible for reappointment”.

Does that mean just one reappointment or multiple reappointments?

[Maria Caulfield]

At the moment, my understanding is that it is for an additional three years, and there is not room in the draft regulations to expand that further. I am happy to clarify that for my right hon. Friend, if he is happy with that explanation.

The draft regulations set out a range of other details relating to the operation of the patient safety commissioner. In summary, the commissioner will produce a business plan covering their key priority areas, receiving funding from the Government, keep proper accounts each financial year, receive remuneration, publish an annual report to be laid before Parliament, and have staff who may exercise any of the commissioner’s functions so far as they have been authorised to do so by the commissioner.

The draft regulations also require the commissioner to appoint an advisory panel to provide advice and assistance to the commissioner. The Government believe that the patient’s voice must be central to everything that the healthcare system does. The patient safety commissioner will play a vital role in promoting the safety of patients in relation to the safety of medicines and medical devices. We believe that the draft regulations provide a sensible set of arrangements that will enable the commissioner to function and operate effectively once appointed. As ever, I welcome the scrutiny of Parliament and Members’ valuable contributions. I commend the draft regulations to the Committee.

--- Later in debate ---

[Maria Caulfield]

I thank the hon. Member for Enfield North for the Opposition’s support in establishing this crucial role. I reassure her that Baroness Cumberlege is part of the recruitment process, and will be part of the interview panel that takes the process forward. I put my thanks to her on the record; without her work in this area, we would not be here today. I also reassure the hon. Lady that it is patients’ voices having been heard loud and clear that has established the role. It was a key recommendation, and one that we are taking up as quickly as we can.

This is not the only area within patient safety on which we are making progress. In the Health and Care Bill, which is currently going through the other place, we are changing the Healthcare Safety Investigations Branch into a slightly different body that will look not just at NHS care but at the independent sector. It will be more robust in dealing with patient safety, and patients will have a strong voice in that. On what we are doing in maternity, the early notification scheme has already resulted in an improvement in outcomes for mothers and babies, and is being used as a tool not just to identify problems and find solutions but to learn from processes that have gone wrong in the past. I point the hon. Lady to that amazing work.

Specifically on the patient safety commissioner, there is provision in draft regulation 3 for the term of office, which is initially for three years, with a review process. Because it is a new post, it is important to review how the first three years have gone, but the patient safety commissioner can be reappointed for a further three years, making six in total, which is roughly in line with the term of office for many other commissioners. On the annual report, a copy will be sent to the Secretary of State and put before both Houses of Parliament. Many Members may seek to debate the report and pull out some of its findings. It will be right and proper that the report receives parliamentary scrutiny.

The advisory panel is for the patient safety commissioner to set up. The commissioner has a wide remit, ranging from issues such as maternity to medical devices. It is right and proper that they have a panel of experts, including patients, to look at whichever aspect of patient of safety they are looking at. It will really be for the commissioner to appoint that advisory panel, as set out in the statutory instrument. This is a new role, and we have a break period after the third year to ensure that it is doing the things that we need it to, and that patient safety is the No. 1 priority in healthcare.

Question put and agreed to.