Government response to the Committee's report on the Health and Care Bill (18 February 2022)

This is the government's response, published 18 February 2022.

Summary written by Accountability Index from the government's response. It is not the government's own words.

The government agrees with the Committee on the importance of scrutiny and ministerial accountability, but believes the Bill's delegated powers, soft law provisions and devolved-legislation powers are appropriate as drafted.

• On delegated powers, the government says guidance, directions and rules are "proportionate and necessary" and do not amount to "disguised legislation". It notes that the meaning and effect of each type of soft law is "clear from the face of the Bill".
• On clause 20, the government says the power to impose liability by publishing a document has an existing precedent and believes it is "reasonable and appropriate". It does not say it will remove it.
• On clause 64, the government says there is "no desire to alter the balance" between its constitutional responsibility and providers' ability to respond to local needs. It states that the Secretary of State "will always have to go back to Parliament" before transferring functions.
• On unhealthy food and drink advertising, the government points to a statutory duty to consult before future changes to the technical guidance and says changing it is subject to the affirmative procedure. It believes no devolved consent mechanism is "necessary", as the matters are reserved.

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