The government will strongly resist calls for large parts of its Health Bill to be referred to a select committee in the Lords – a move which would further frustrate its progress through Parliament – HSJ understands.

A senior Conservative party source close to the legislative process said the bid was seen as an attempt to “wreck the bill” rather than, as its proponents argue, a way of securing justified scrutiny. The source said it would be strongly resisted.

Lord David Owen and Lord Peter Hennessy wrote to fellow crossbenchers yesterday asking them to support a motion which would send dozens of clauses to a select committee of peers.

They include clauses on the health secretary’s duties and powers, Monitor’s competition regulation powers, public involvement, and the provider failure regime – including the repeal of law which allows foundation trusts to be de-authorised.

The move will be supported by many Labour peers but will have to secure the backing of dozens of crossbenchers, Liberal Democrats or Conservatives to be successful. It will be debated when the bill receives its second reading in the Lords, which begins on 11 October.

The committee would mean peers could take evidence from outside organisations and see more intense questioning of policy. It would be likely to slow the bill’s progress.

The letter from Lord Owen and Lord Hennessy says: “We believe there has been insufficient scrutiny of parts of the massive Health and Social Care Bill and, whilst we accept it is not the role of the House of Lords to challenge the legislation in its entirety which has been given a third reading in the House of Commons, we do believe it imperative the House of Lords provide a mechanism for far greater in-depth consideration of a number of parts of this bill which cover duties and constitutional issues.

“We urge crossbenchers and the bishops bench to consider our proposal for splitting the bill in this way to allow for a two speed appraisal of parts of this bill.”

Labour’s lead health spokesman in the Lords Baroness Glenys Thornton said: “Lord Owen’s amendment means an important and complex part of the Health Bill will now be subject to the close scrutiny it failed to get in the Commons.

“A committee of experts will be able to take evidence – something normal procedure in the Lords does not allow. They will also be able to recommend whether these parts of the bill make sense and how they might be improved.

“Parts of the bill, such as the [foundation trust] failure regime - dealing with closure or sale of services and hospitals - were introduced so late in the Commons that they have not been looked at all.”

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