Arms-length bodies review

This page provides information about the HTA and the arms-length bodies (ALB) review.

At the time of drafting, the Department of Health (DH) still intends to consult on the transfer of the HTA’s and Human Fertilisation and Embryology Authority’s (HFEA’s) functions. We now expect this to take place in the New Year. There will probably also be a subsequent consultation at some point in the future focusing on using the powers under the Public Bodies Bill to affect the transfer.

The HTA continues to argue that the functions we regulate should stay together to ensure public confidence; we are less concerned where those functions transfer. The Government’s preferred option is to transfer our functions in their entirety to the Care Quality Commission (CQC) and they intend to consult on that basis, whilst remaining open to receiving views on the way forward from stakeholders. Our ambition of keeping all our functions together is therefore supported, which is good news for public confidence in the safe and ethical use of human tissues and organs, with proper consent.

Public Bodies Bill

The Public Bodies Bill received Royal Assent on 14 December when it became an Act of Parliament. The HTA and HFEA remain in schedule 5 of the Act, which allows the modification or transfer of our functions by Ministers. The Bill passed through its final Committee stage in the House of Commons on 11 October, before reaching Report stage and third reading on 25 October. It reached ‘ping-pong’ stage (referring to the to and fro of amendments to Bills between the House of Commons and the House of Lords) on 23 November.

During the Committee stage on 11 October, MPs debated amendments to remove the HTA and HFEA from schedule 5. The HTA amendment was tabled by Valerie Vaz MP, member of the Health Select Committee. David Heath, Deputy Leader of the House of Commons, spoke in response to the amendments, which were later withdrawn. A similar debate took place during the final Committee stages in the House of Lords. In both houses there was continued consensus that both the HTA and the HFEA do important work.

Chief Coroner

During the debates on the Public Bodies Bill in the Commons, the Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly) stated that the Government no longer intend to abolish the post of the Chief Coroner. The HTA issued a statement on this development.

Health and Social Care Bill

Peers debated amendments relating to the Health Research Authority (HRA) during Committee stage of the Health and Social Care Bill on 7 December (more detail on the HRA is below). These amendments, tabled by Lord Willis of Knaresborough and other peers, were designed to seek commitments from the Government on the HRA and to transfer the HTA’s and HFEA’s research functions to the new Authority. HTA Chair Baroness Warwick spoke to the amendments. Whilst supporting the establishment of the HRA and the intentions behind the amendments, she set out why we and the DH believe that our functions should not transfer to the HRA. She also highlighted our commitment to collaboration for the benefit of researchers. Lord Walton of Detchant expressed concerns about the HTA’s functions transferring to the CQC.

In response, Earl Howe (Parliamentary Under Secretary of State (Quality), Health) said the Government was still intent on consulting on the HFEA and the HTA, and hopes to do so shortly. He added that the HRA “will have substantive functions as a special health authority. It will combine and streamline approvals for health research through unification of functions and processes.” He said the HRA will work closely with the HTA, the HFEA and the National Institute for Health Research to coordinate relevant functions, processes and standards.

The Bill will now return to the Lords for a debate on the amendments made by the Commons (a date is yet to be set), before passing through for Royal Assent.

We will continue to keep stakeholders regularly updated on these issues and the Department’s consultation in our e-newsletter. For more information visit our ALB webpage or read the papers from our November Authority meeting. Each Authority meeting has on update on progress with the ALB Review.