Member

Amendment 163A, tabled by my noble friend Lord Bradley, would ensure that Clause 35 is commenced only when the Secretary of State has clarified the meaning of “exceptional circumstances” and guidance on that definition is laid before both Houses. If we were legislatively to define exceptional circumstances, it would severely restrict our flexibility to update the definition based on an ever-evolving array of patient needs, which would be likely to delay implementation of the 28-day statutory transfer time limit while the definition is coined. As the noble Baroness, Lady Tyler, and the noble Lord, Lord Stevens, pointed out, cross-agency work to support the implementation of this provision has led to a greater understanding of the barriers to meeting the 28-day timeframe. It has revealed the systematic barriers and the scale of the challenges, which include workforce, bed capacity and estates, which is why we intend to commence this provision after 18 to 24 months and are seeking additional funding to support this ambition. I hope this provides reassurance, and I urge the noble Lord—