Session 2010 - 12
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Other Bills before Parliament


 
 

Report Stage Proceedings: 7 September 2011              

860

 

Health and Social Care (Re-Committed) Bill, continued

 
 

(b)    

the imposition of clinical thresholds that a patient must reach before

 

being eligible for treatment.

 

(3)    

The regulations may provide for the requirements imposed, or such of them as are

 

prescribed, not to apply in relation to arrangements of a prescribed description.’.

 


 

Financial duties on clinical commissioning groups: administrative costs

 

John Healey

 

Liz Kendall

 

Emily Thornberry

 

Derek Twigg

 

Owen Smith

 

Not called  NC11

 

To move the following Clause:—

 

‘After section 223K of the National Health Service Act 2006 insert—

 

“223L

Financial duties on clinical commissioning groups: administrative   

 

costs

 

(1)    

The Board must direct clinical commissioning groups to ensure that their

 

expenditure on administrative costs does not exceed a prescribed

 

percentage of their resource.

 

(2)    

The Board must ensure that the total national limit on clinical

 

commissioning groups expenditure on administrative costs in any year

 

from April 2014 does not exceed 55 per cent. of the total spent on

 

administrative costs by primary care trusts in the financial year 2009-

 

10.”’.

 


 

Secretary of State’s duty as to education and training

 

John Healey

 

Liz Kendall

 

Emily Thornberry

 

Derek Twigg

 

Andrew George

 

Owen Smith

 

Not called  NC12

 

To move the following Clause:—

 

‘After section 1F of the National Health Service Act 2006 insert—

 

“1G    

Secretary of State’s duty as to education and training

 

For the purposes of improving the quality of patient care, the Secretary

 

of State has a duty to maintain a comprehensive, multi-professional

 

education and training system for health professionals and to ensure the


 
 

Report Stage Proceedings: 7 September 2011              

861

 

Health and Social Care (Re-Committed) Bill, continued

 
 

continued professional development of all staff delivering NHS

 

services.”’.

 


 

Providers’ duty as to education and training

 

John Healey

 

Liz Kendall

 

Emily Thornberry

 

Derek Twigg

 

Andrew George

 

Owen Smith

 

Not called  NC13

 

To move the following Clause:—

 

‘For the purposes of improving the quality of patient care, all providers of

 

services for the purposes of the health service have a duty to contribute towards

 

the maintenance of a comprehensive, multi-professional education and training

 

system for health professionals and to ensure the continued professional

 

development of all their staff delivering health services.’.

 


 

Duties of clinical commissioning groups as to persons for whom they are responsible

 

John Healey

 

Liz Kendall

 

Emily Thornberry

 

Derek Twigg

 

Andrew George

 

Owen Smith

 

Not called  NC14

 

To move the following Clause:—

 

‘After section 3B of the National Health Service Act 2006 insert—

 

“3C    

Duties of clinical commissioning groups as to persons for whom they

 

are responsible

 

(1)    

A clinical commissioning group has responsibility for persons who

 

usually reside in the clinical commissioning group’s area.

 

(2)    

Regulations may provide that for the purposes of this section a clinical

 

commissioning group also has responsibility (whether generally or in

 

relation to a prescribed service or facility) for persons who—

 

(a)    

were provided with primary medical services by a person who is

 

or was a member of the clinical commissioning group,

 

(b)    

have a prescribed connection with the clinical commissioning

 

group’s area, or

 

(c)    

are provided with primary medical services by a member of the

 

clinical commissioning group.


 
 

Report Stage Proceedings: 7 September 2011              

862

 

Health and Social Care (Re-Committed) Bill, continued

 
 

(3)    

The power conferred by section 3(1B)(b) must be exercised so as to

 

provide that, in relation to the provision of services or facilities for

 

emergency care, a clinical commissioning group has responsibility for

 

every person present in its area.

 

(4)    

Regulations may provide that section 3(1A) does not apply—

 

(a)    

in relation to persons of a prescribed description (which may

 

include a description framed by reference to the primary medical

 

services with which the persons are provided);

 

(b)    

in prescribed circumstances.

 

(5)    

The duty in subsection (1) does not apply in relation to a service or

 

facility if the Board has a duty to arrange for its provision.”.’.

 


 

Requirements on Board and clinical commissioning groups

 

John Healey

 

Liz Kendall

 

Emily Thornberry

 

Derek Twigg

 

Andrew George

 

Owen Smith

 

Not selected  NC15

 

To move the following Clause:—

 

‘(1)    

Regulations may impose requirements on the National Health Service

 

Commissioning Board and clinical commissioning groups for the purpose of

 

securing that, in commissioning health care services for the purposes of the NHS,

 

they—

 

(a)    

adhere to good practice in relation to procurement;

 

(b)    

protect and promote the right of patients to make choices with respect to

 

treatment; and

 

(c)    

promote collaboration and integration in the provision of health care

 

services in the interests of people who use such services.

 

(2)    

Requirements imposed by regulations under this section apply to an arrangement

 

for the provision of goods and services only if the value of the consideration

 

attributable to the services is greater than that attributable to the goods.

 

(3)    

Regulations under this section may, in particular, impose requirements relating

 

to—

 

(a)    

tendering for the provision of services; and

 

(b)    

the management of conflicts between the interests involved in

 

commissioning services and the interests involved in providing them.

 

(4)    

The regulations may provide for the requirements imposed, or such of them as are

 

prescribed, not to apply in relation to arrangements of a prescribed description.’.

 



 
 

Report Stage Proceedings: 7 September 2011              

863

 

Health and Social Care (Re-Committed) Bill, continued

 
 

Distribution of health service functions

 

Andrew George

 

Caroline Lucas

 

Greg Mulholland

 

Not called  NC16

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may direct the NHS Commissioning Board, or a clinical

 

commissioning group, to exercise any of his functions relating to the health

 

service which are specified in the directions.

 

(2)    

The functions which may be specified in directions include functions under

 

enactments relating to mental health and care homes.’.

 


 

Secretary of State’s directions to health service bodies

 

Andrew George

 

Caroline Lucas

 

Greg Mulholland

 

Not called  NC17

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may give directions to any of the bodies mentioned in

 

subsection (2) about its exercise of any functions.

 

(2)    

The bodies are—

 

(a)    

the NHS Commissioning Board; and

 

(b)    

clinical commissioning groups.

 

(3)    

Nothing in provisions made by or under this or any other Act affects the

 

generality of subsection (1).’.

 


 

Care Quality Commission: duty as regards stability of existing NHS services

 

Andrew George

 

Caroline Lucas

 

Greg Mulholland

 

Not called  NC18

 

To move the following Clause:—

 

‘The Care Quality Commission, in exercising its functions, must have regard to

 

the need to avoid existing NHS services, including but not restricted to,

 

emergency care, intensive care, chronic and complex care, teaching, training and

 

research or case-load, becoming viable or unstable due to an unplanned reduction

 

in income or caseload.’.

 



 
 

Report Stage Proceedings: 7 September 2011              

864

 

Health and Social Care (Re-Committed) Bill, continued

 
 

Clinical commissioning group commissioning work: public function

 

Andrew George

 

Caroline Lucas

 

Greg Mulholland

 

Not called  NC20

 

To move the following Clause:—

 

‘The Secretary of State must issue directions to clinical commissioning groups

 

which will ensure that commissioning work is predominantly retained as a

 

function by staff directly employed by the clinical commissioning group.’.

 


 

Duty of candour

 

Dr John Pugh

 

Greg Mulholland

 

Andrew George

 

Not selected  NC21

 

To move the following Clause:—

 

‘The Secretary of State following consultation shall bring forward by statutory

 

instrument regulations establishing in law a duty of candour and requiring all

 

commissioners and providers of NHS care and clinical services to observe it.’.

 


 

Chief environmental health officer for England

 

Joan Walley

 

Not called  NC23

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall appoint a Chief Environmental Health Officer for

 

England.

 

(2)    

The Chief Environmental Health Officer for England shall give advice to and

 

report to the Chief Medical Officer for England on all such aspects of

 

environmental and public health as are relevant to the public health functions

 

referred to in section 2A of the National Health Service 2006 Act and the duties

 

referred to in section 2B of that Act.

 

(3)    

The Secretary of State shall report to Parliament annually on the work of the

 

Chief Environmental Health Officer for England.’.

 



 
 

Report Stage Proceedings: 7 September 2011              

865

 

Health and Social Care (Re-Committed) Bill, continued

 
 

Andrew George

 

Greg Mulholland

 

Caroline Lucas

 

Not called  1222

 

Page  2,  line  2  [Clause  1],  leave out ‘promote’ and insert ‘provide or secure a’.

 

Andrew George

 

Greg Mulholland

 

Caroline Lucas

 

Not called  1223

 

Page  2,  line  3  [Clause  1],  leave out from ‘must’ to ‘improvement’ in line 4 and

 

insert ‘provide or secure a comprehensive Health Service designed to promote’.

 

Mr William Cash

 

Not called  1239

 

Page  2,  line  4  [Clause  1],  after ‘improvement’, insert ‘and to ensure improvement’.

 

John Healey

 

Liz Kendall

 

Emily Thornberry

 

Derek Twigg

 

Andrew George

 

Owen Smith

 

Negatived on division  1176

 

Page  2,  line  7  [Clause  1],  leave out subsection (2) and insert—

 

‘(2)    

The Secretary of State must for that purpose provide or secure the provision of

 

services in accordance with this Act.’.

 

Andrew George

 

Greg Mulholland

 

Caroline Lucas

 

Not called  1224

 

Page  2,  line  8  [Clause  1],  leave out ‘secure that services are provided’ and insert

 

‘provide or secure, either directly or indirectly, services’.

 

Caroline Lucas

 

Andrew George

 

Not called  48

 

Page  2  [Clause  1],  Leave out lines 10 to 12 and insert—

 

‘(3)    

The services so provided must be free of charge.’.

 

John Healey

 

Liz Kendall

 

Emily Thornberry

 

Derek Twigg

 

Andrew George

 

Owen Smith

 

Not called  1174

 

Page  2,  line  10  [Clause  1],  after ‘services’, insert ‘so’.


 
 

Report Stage Proceedings: 7 September 2011              

866

 

Health and Social Care (Re-Committed) Bill, continued

 
 

John Healey

 

Liz Kendall

 

Emily Thornberry

 

Derek Twigg

 

Andrew George

 

Owen Smith

 

Not called  1175

 

Page  2,  line  10  [Clause  1],  leave out ‘as part of the health service in England’.

 

John Healey

 

Liz Kendall

 

Emily Thornberry

 

Derek Twigg

 

Owen Smith

 

Not called  1177

 

Page  2,  line  12  [Clause  1],  at end insert—

 

‘(4)    

For the purposes of this Act “the health service in England” is defined as those

 

services provided under section 3 of this Act.’.

 

Mr William Cash

 

Not called  1240

 

Page  2,  line  17  [Clause  2],  leave out ‘with a view to securing’ and insert ‘so as to

 

ensure’.

 

Mr William Cash

 

Not called  1241

 

Page  2,  line  23  [Clause  2],  leave out ‘with a view to securing’ and insert ‘so as to

 

ensure’.

 

Dr John Pugh

 

Greg Mulholland

 

Andrew George

 

Not called  1212

 

Page  2,  line  33  [Clause  2],  at end insert—

 

‘(5)    

In discharging the duty under subsection (1) the Secretary of State retains the

 

power to create a new NHS trust or provider organisation.’.

 

John Healey

 

Liz Kendall

 

Emily Thornberry

 

Derek Twigg

 

Andrew George

 

Owen Smith

 

Not called  1169

 

Page  2,  line  38  [Clause  3],  leave out from ‘State’ to end of line 40 and insert ‘, so

 

far as is consistent with the interests of the health service, must exercise the functions

 

conferred by this Act so as to secure—

 

(a)    

that inequalities between the people of England with respect to the

 

benefits that they can obtain from the Health service are reduced, and

 

(b)    

a continuous reduction of inequalities between the people of England

 

with respect to the outcomes achieved for them.

 

(2)    

The Secretary of State must publish and lay before Parliament an annual report

 

detailing the progress which has been achieved in discharging this duty, and the


 
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Revised 8 September 2011