Regulation of Health and Social Care Professionals Consultation

The role of Government
2.67 As noted above, the Government currently plays an active role in overseeing the
operation of the regulators. This role is often seen to be in conflict with the
principle that the regulators must be free to exercise their statutory functions
dispassionately and without undue political pressure from Government.
2.68 Our view is that it is, indeed, right for the regulators to be protected from
Government interference. But at the same time, Government does have a
legitimate interest in the proper regulation of health and social care professionals,
and a legitimate role to play. Government is responsible for the overall design of
the regulatory system; and certain decisions can, we think, only properly be taken
by Government. These include decisions on matters that require a political policy
decision to be made, including matters where there is a sufficient public interest
and matters that give rise to questions about the allocation of public resources.
Examples include decisions to establish new regulators and extend regulation to
new professional groups (see below), extending protected titles and functions
(see Part 5) and introducing new sanctions (see Part 9). For such decisions, we
believe that the Secretary of State should continue to have the main
responsibility.
Provisional Proposal 2-10: The Secretary of State should be given formal
powers to make decisions on matters that require a political policy decision to
be made, including matters where there is a sufficient public interest and
matters that give rise to questions about the allocation of public resources.
PUBLICATION REQUIREMENTS
2.69 Requiring the regulators to publish certain information can be an important way of
encouraging greater transparency and ensuring that the regulators can be held to
account. Many of the regulators are subject to general duties to publish public
information. For example, there is a statutory duty imposed on the General
Medical Council to publish or provide in such manner as they see fit information
about the Council and the exercise of its functions. 36 A similar duty is placed on
the General Pharmaceutical Council. 37 Both the Health Professions Council and
Nursing and Midwifery Council have a statutory obligation to inform and educate
registrants, and inform the public, about its work. 38
2.70 Since 2008, most of the regulators are required to produce general reports,
statistical reports and strategic plans. 39 The exceptions are the General Social
Care Council and the Pharmaceutical Society of Northern Ireland. The regulators
are required to publish by such a date that the Privy Council shall specify:
36 Medical Act 1983, sch 1, para 9B(1).
37 Pharmacy Order 2010, SI 2010 No 231, sch 1 para 6(1).
38 Health Professions Order 2001, SI 2002 No 254, art 3(13) and Nursing and Midwifery
Order 2001, SI 2002 No 253, art 3(13).
39
See Health Care and Associated Professions (Miscellaneous Amendments) Order 2008,
SI 2008 No 1774.
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