13 September 2002 Most of the problems perceived by the College
in the White Paper remain in the Draft Bill, and where this is the
case any criticism already made of the White Paper stands in
relation to the Bill. This document is therefore not a
comprehensive response but supplementary to the College's response
to the White Paper. The latter can be seen
here.
This document responds to the 'consultation points' raised by
the government. However, since we believe that there are important
aspects of the Bill which were not present in the White Paper and
upon which the government has not raised consultation points, it
goes beyond those points.
The Draft Bill is extremely long and complex. Also, in many
parts it is drafted in ways that are not easy for lay people to
read (in contrast to the wording of the 1983 Act). We also note
that there are major areas not yet included. This means that the
Bill per se will be even longer that the Draft Bill, and that there
are topics upon which the College and other interested bodies can
comment only in terms of the 'general intentions' indicated in the
Consultation Document. This is unsatisfactory. The College is also
concerned to note how much of the final substantive law will be
made by way of Regulation after the Bill has been passed by
Parliament. The Bill's overall effect on patients and services
could therefore be much influenced in an 'undebated' fashion.