House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

213

House of Commons

Tuesday 28 January 2014

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Care Bill [Lords]

Note

The Amendments have been arranged in accordance with the Order of the

Committee [9 January 2014].

Paul Burstow

48

Clause  81,  page  72,  line  34,  at end insert—

‘(1A)
Regulations must make provision for—

(a)
the definition of “significant improvement”, and

(b)
the assessment of progress towards the improvements so specified.’.

Liz Kendall

Mr Jamie Reed

140

Clause  81,  page  73,  line  4,  at end insert—

‘( )
The Commission must publish the criteria that the trust must satisfy in order to be

judged as making a significant improvement.’.

Liz Kendall

Mr Jamie Reed

141

Clause  81,  page  73,  line  7,  at end insert—

‘( )
Where a warning notice under this section imposes more than one requirement to

improve the quality of health care under subsection (2)(e), the Commission must

publish the criteria to be satisfied for each requirement.’.

Public Bill Committee: 28 January 2014
214

Care Bill-[Lords], continued

Liz Kendall

Mr Jamie Reed

146

Clause  83,  page  74,  line  32,  at end insert—

‘( )
Relevant Local Authorities.’.

Liz Kendall

Mr Jamie Reed

142

Clause  83,  page  75,  line  3,  at end insert—

‘( )
Upon the appointment of the Trust Special Administrator in line with the

provisions set out in this section, the Secretary of State must prepare and lay

before each House of Parliament a report which sets out the requirement for the

appointment, the criteria for the role and the extent to which the appointment

satisfies those criteria.’.

Paul Burstow

49

Clause  88,  page  79,  line  18,  leave out subsection (4).

Member’s explanatory statement

This amendment is one of a number intended, collectively, to restore the powers of the Care

Quality Commission to review or investigate local authority social care provision or

commissioning without first securing, singular or joint, Ministerial approval.

Mrs Emma Lewell-Buck

Mr Jamie Reed

Liz Kendall

126

Clause  89,  page  80,  line  20,  at end insert—

‘(2A)
The Commission must, in respect of such English local authorities as may be

prescribed—

(a)
conduct reviews of the provision of such adult social services provided

or commissioned by the authorities as may be prescribed;

(b)
assess the performance of the authorities following each such review; and

(c)
publish a report of its assessment.

(2B)
Regulations under subsection (3) may prescribe—

(a)
all adult social services or adult social services of a particular description;

and

(b)
all local authorities or particular local authorities.’.

Mrs Emma Lewell-Buck

127

Clause  89,  page  80,  line  21,  after ‘provider’, insert ‘other than the provision of

adult social services’.

Public Bill Committee: 28 January 2014
215

Care Bill-[Lords], continued

Paul Burstow

52

Clause  89,  page  80,  line  23,  at end add ‘in particular indicators relating to specified

relevant physical and mental health conditions’.

Mrs Emma Lewell-Buck

128

Clause  89,  page  80,  line  23,  at end add—

‘(3A)
The assessment of the performance of a provider of adult social services, in

respect of that provision, is to be by reference to a quality standards framework,

and indicators therein, to be developed jointly by the English local authorities and

the Commission under arrangements to be established by regulations under this

Act.’.

Norman Lamb

154

Clause  89,  page  80,  line  29,  leave out ‘or local authority’.

Mr Jamie Reed

Liz Kendall

152

Clause  89,  page  80,  line  30,  at end insert—

‘(c)
including specific reference to the method it will use to evaluate

performance in respect of safeguarding issues, including protection from

financial abuse.’.

Mr Jamie Reed

Liz Kendall

155

Clause  89,  page  80,  line  30,  at end insert—

‘(c)
explaining the reasons for choosing the method described under

paragraph (b).’.

Liz Kendall

Mr Jamie Reed

143

Clause  89,  page  80,  line  31,  leave out ‘may’ and insert ‘must’.

Liz Kendall

Mr Jamie Reed

144

Clause  89,  page  80,  line  38,  at end insert—

‘(a)
performance indicators for individual services provided by service

providers,’.

Mr Jamie Reed

Liz Kendall

156

Clause  89,  page  80,  line  38,  at end insert—

‘(c)
guidance to service providers on how information collected under this

section should be made available to the public.’.

Public Bill Committee: 28 January 2014
216

Care Bill-[Lords], continued

Mr Jamie Reed

Liz Kendall

159

Clause  89,  page  80,  line  41,  at end insert—

‘(aa)
must consult relevant organisations including—

(i)
professional bodies;

(ii)
royal colleges;

(iii)
trade unions;

(iv)
commissioners;

(v)
patients’ groups; and

Mr Jamie Reed

Liz Kendall

158

Clause  89,  page  80,  line  42,  at end insert—

‘(7A)
In respect to subsection (7), the Secretary of State must—

(a)
publish the minutes of the consultation with the Commission, and

(b)
make a statement to Parliament on the consultation with the

Commission.’.

Paul Burstow

51

Clause  89,  page  81,  line  19,  leave out ‘(5) Omit subsection (1A) of that section.’.

Member’s explanatory statement

This amendment is one of a number intended, collectively, to restore the powers of the Care

Quality Commission to review or investigate local authority social care provision or

commissioning without first securing, singular or joint, Ministerial approval.

Paul Burstow

50

Clause  89,  page  81,  leave out lines 16 to 18.

Member’s explanatory statement

This amendment is one of a number intended, collectively, to restore the powers of the Care

Quality Commission to review or investigate local authority social care provision or

commissioning without first securing, singular or joint, Ministerial approval.

Mr Jamie Reed

Liz Kendall

157

Clause  89,  page  81,  line  44,  at end add—

‘(10)
If a review undertaken by the Commission results in a warning notice being

applied under the provisions of section 81, the Commission must publish the

criteria the service provider must satisfy in order to be considered as making a

significant improvement.’.

Public Bill Committee: 28 January 2014
217

Care Bill-[Lords], continued

Mr Jamie Reed

Liz Kendall

160

Clause  90,  page  82,  line  9,  at end insert—

‘(d)
it wilfully withholds relevant information with the intention to mislead or

misdirect’.

Liz Kendall

Mr Jamie Reed

145

Clause  90,  page  82,  line  24,  after ‘health service’, insert ‘and health-related

services provided by local authorities.’.

Paul Burstow

134

Schedule  5,  page  136,  line  4,  at end add—

‘(c)
how effectively it discharged its duties under the Equalities Act 2010 or

under regulations under that Act.’.

Mr Jamie Reed

Liz Kendall

161

Clause  96,  page  86,  line  33,  at end insert—

‘(1A)
HEE must exercise its functions with a view to ensuring that there is a diverse

workforce, that includes disabled persons, with the relevant knowledge and skills

to work as healthcare workers within the health service in England’

Mr Jamie Reed

Liz Kendall

Grahame M. Morris

162

Clause  96,  page  86,  line  36,  at end add—

‘(3)
HEE must promote inclusive health-related education and training for healthcare

workers.

(4)
HEE must exercise its functions in this section with a view to ensuring

appropriate long-term planning is undertaken to ensure a sufficient number of

skilled healthcare workers is maintained.

(5)
HEE must exercise its functions in this section with a view to ensuring that the

number of skilled healthcare workers is matched closely to the health service’s

need for them.’.

Public Bill Committee: 28 January 2014
218

Care Bill-[Lords], continued

Paul Burstow

133

Clause  98,  page  87,  line  35,  after ‘105(1)’ insert—

‘( )
HEE must set out in the document published under subsection (4) the objectives

and priorities it has set to meet its duties under the Equalities Act 2010.’.

Mr Jamie Reed

Liz Kendall

Grahame M. Morris

163

Clause  98,  page  88,  line  10,  at end add—

‘(11)
HEE’s Education Outcomes Framework must include development and

implementation of anti-discriminatory practices within the health-related

provisions.’.

Mr Jamie Reed

Liz Kendall

164

Clause  98,  page  88,  line  10,  at end insert—

‘(12)
The Secretary of State must make a statement to Parliament if HEE projects that

the number of skilled healthcare workers available is lower than the required

level.’.

Mr Jamie Reed

Liz Kendall

Grahame M. Morris

165

Clause  99,  page  88,  line  36,  at end insert—

‘(k)
disabled people who will use health services’.

Mr Jamie Reed

Liz Kendall

166

Clause  100,  page  89,  line  6,  at end insert—

‘(g)
professional bodies;

(h)
royal colleges;

(i)
trade unions;

(j)
commissioners;

(k)
patients’ groups.’.

Paul Burstow

122

Clause  102,  page  90,  line  2,  after ‘health’, insert ‘-related’.

Public Bill Committee: 28 January 2014
219

Care Bill-[Lords], continued

Paul Burstow

123

Clause  102,  page  90,  line  2,  after ‘services’, insert ‘(including nursing homes)’.

Paul Burstow

124

Clause  102,  page  90,  line  6,  after subsection (c) add—

‘( )
a person who will represent the interests of carers.’.

Mr Jamie Reed

Liz Kendall

167

Clause  104,  page  92,  line  7,  leave out subsection (b) and insert—

‘(b)
relevant commissioners.’.

Mr Jamie Reed

Liz Kendall

Grahame M. Morris

168

Clause  105,  page  93,  line  12,  at end add—

‘(9)
When HEE or a LETB are commissioning health education courses, they must be

inclusive of disabled students.’.

Paul Burstow

91

Clause  109,  page  95,  line  35,  after ‘Health;’, insert—

‘( )
the Chief Nursing Officer of the Department of Health,’.

Mr Jamie Reed

Liz Kendall

169

Clause  109,  page  95,  line  41,  at end insert—

‘(j)
the Chief Nursing Officer of the Department of Health;

(k)
the Medicines and Healthcare Products Regulatory Authority.’.



© Parliamentary copyright	Revised 28 January 2014