CHAPTER 3: RESPONDENTS' VIEWS ON THE CONSULTATION PROCESS
Several respondents from a range of different respondent categories commented on the consultation exercise and/or the content of the written consultation document. Many openly welcomed and praised the exercise, with comments including:
" The document raises many issues and is an excellent point to commence discussion and debate on the matter" ( LA)
" Comprehensive and well prepared document" (Rep)
" Overall, the consultation document provides a good overview of current legislation and some sensible suggestions for revising and building on this for the future" ( NHS)
" Excellent…consultation document" (Ind)
" We acknowledge the effort that has been invested in trying to address the issues of domains, accountability and clarity" ( LA)
A small number of the written consultation respondents, along with some participants at one of the consultation seminars, were disappointed that the remit was limited largely to health protection measures. In their view, the consultation should have taken a wider view of public health. A typical comment was:
" Sadly does not go far enough and it (the consultation document) would have benefited by having all aspects of previous legislation reviewed and up-dated instead of only selected components" (Stat)
A small number of consultees highlighted what they perceived to be significant omissions in the consultation document. One suggested that climate change should have been identified as a new challenge to health and wellbeing (Stat). Another considered that the impact of overall environmental quality on physical and mental health needed more emphasis (Vol). A call was made for more detail on ethical and legal arguments in order to justify the increase in powers recommended in the document (Rep), with another consultee urging that human rights issues should be more integral to the consultation (Vol). One respondent considered that the consultation should have made the links between housing and health more explicit (Rep).
Whilst one consultee argued that in their view the proposals appeared to some extent to try to circumvent the Data Protection Act (Ind), another welcomed what they saw as an awareness of the Act within the document (Stat).
A few local authority respondents wanted more consideration to be given to implications of the proposals for the relationship between the NHS and local authorities. One cautioned that any legislative changes must be based on the premise that longer term benefits are likely to accrue to both parties. A concern was noted that:
" the existing cooperative arrangements (between NHS Boards and local authorities) are proposed to be replaced by what appears to be a master/servant relationship"
A few local authority consultees envisaged that under the proposals, there would be a need in the future for more resources for the environmental health function. A recurring message from various NHS consultees was for greater reference to the National Assistance Acts of 1948 and 1951, so that health protection teams can be clear about their future responsibilities.
Some respondents commented on what they perceived to be omissions in the consultation distribution list. Several considered that these included statutory and non-statutory bodies which dealt with issues of sexual health and HIV (Prof, Vol, Rep). Another consultee highlighted the apparent omission of the Registrar General from the consultee list (Stat).
Voluntary sector and community care participants attending one of the seminars expressed some concern that their role in the provision of services had not been sufficiently acknowledged in the consultation document.
Looking ahead, some written respondents argued that the proposals should be " future-proofed" ( NHS, Ind). Others urged that the consultative approach continue ( LA), perhaps along the lines deployed for the recent smoke-free initiative in order to ensure a practical application of the recommendations ( LA, LA, Parl).
The following 9 chapters document the substance of the analysis, presenting the main issues, arguments and recommendations contained in the responses. The chapters follow the ordering of issues raised in the consultation document.