House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 28 January 2014
234

Care Bill-[Lords], continued

Accounting

Liz Kendall

Mr Jamie Reed

Meg Munn

NC21

To move the following Clause:—

‘(1)
The Secretary of State shall make provision for accounting guidelines for persons

and organisations offering care services to be published.

(2)
All persons and organisations offering care services shall have a duty to follow

guidelines published in accordance with subsection (1) in charging for those

services and shall, in particular, ensure that all accounting paperwork is easy to

understand, fully explains any interface with the local authority and is complete.’.

Duty of candour

Liz Kendall

Mr Jamie Reed

Meg Munn

NC22

To move the following Clause:—

‘(1)
Local authorities must take reasonable steps to create an open and honest culture

that enables employees to report reasonable suspicions of abuse and neglect of

individuals in the care of the local authority or a provider commissioned by the

local authority.

(2)
“Reasonable steps” include—

(a)
ensuring that staff are aware of and trust processes open to them;

(b)
provision of advice about the process;

(c)
review of procedures; and

(d)
regular communications to staff about the processes.’.

Offence of abuse of adult in care

Paul Burstow

NC23

To move the following Clause:—

‘Any person who wilfully causes or permits an adult who has care and support

needs to suffer physical or mental pain or injury or, having the care or custody of

that adult, wilfully causes or permits the person or health of that adult to be

injured, including through the neglect of their care and support or health needs,

or wilfully causes or permits that person to be placed in a situation that endangers

his or her person or health, including mental health, is liable—

Public Bill Committee: 28 January 2014
235

Care Bill-[Lords], continued

(a)
on summary conviction, to imprisonment for a term not exceeding 12

months or a fine not exceeding the statutory maximum or both,

(b)
on conviction on indictment, to imprisonment for a term not exceeding

five years or a fine or both.’.

Offence of corporate neglect

Paul Burstow

NC24

To move the following Clause:—

‘In section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007,

insert—

“1A
Corporate neglect

(1)
An organisation to which this section applies is guilty of an offence if the

way in which its activities are managed or organised—

(a)
cause a person to suffer abuse or neglect;

(b)
amounts to a gross breach of a relevant duty of care owed by the

organisation to the person who suffers abuse or neglect; and

(c)
the offence under this subsection is called corporate neglect.’.

Assessment of care and support needs of persons detained under mental health legislation

in police cells

Dr Sarah Wollaston

Paul Burstow

NC26

To move the following Clause:—

‘(1)
Police constabularies must record the following information about persons under

18 years of age detained in police cells under section 136 of the Mental Health

Act 1983—

(a)
the age of each such detainee;

(b)
the period of time each detainee was accommodated in a police cell;

(c)
what assessments of—

(i)
medical; and

(ii)
social care and support


needs were made and by whom; and

(d)
what the result was in each case.

(2)
The Secretary of State must publish an annual report containing the number of

persons detained in police cells under the Mental Health Act 1983 broken down

by—

(a)
police authority area;

(b)
age of detainee; and

Public Bill Committee: 28 January 2014
236

Care Bill-[Lords], continued

(c)
length of detention.

(3)
Within 12 months of this Act coming into force, the Secretary of State must

prepare and lay before each House of Parliament a report on the implications for

the effective, efficient and economic provision of integrated health and social

care arising from the imposition of a charge upon local authorities and NHS

commissioning bodies, as appropriate, for the use of police cells for the detention

of persons under mental health legislation.’.

Registration of Healthcare Support Workers

Mr Jamie Reed

Liz Kendall

NC27

To move the following Clause:—

‘(1)
The Secretary of State must by regulations provide for a system of registration of

healthcare support workers (“the registration system”) under which no

unregistered person should be permitted to provide for reward direct physical care

to patients currently under the care and treatment of a registered nurse or a

registered doctor in a hospital or care home setting.

(2)
The system shall apply to healthcare support workers, whether they are working

for—

(a)
the NHS,

(b)
independent healthcare providers,

(c)
in the community,

(d)
for agencies, or

(e)
as independent agents.

(3)
Persons care for members of their own family or caring for persons with whom

they have a genuine social relationship shall be exempt from the provisions of

subsections (1).

(4)
The registration system shall include a national code of conduct for healthcare

support workers.

(5)
The registration system shall include national standards for education and

training of healthcare support workers.

(6)
The code of conduct, education and training standards and requirements for

registration for healthcare support workers shall be prepared and maintained only

after consultation with all relevant stakeholders including, but not limited to—

(a)
regulatory bodies,

(b)
professional representative organisations, and

(c)
the public.’.

Norman Lamb

25

Title,  line  5,  after ‘Authority;’ insert ‘to make provision about integrating care and

support with health services;’.

Public Bill Committee: 28 January 2014
237

Care Bill-[Lords], continued

Order of the House [16 December 2013]

That the following provisions shall apply to the Care Bill [Lords]:

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on 4 February 2014.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on Consideration and Third Reading shall be concluded in two

days.

5.
Proceedings on Consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

second of those days.

6.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

7.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and Third Reading.

Other proceedings

8.
Any other proceedings on the Bill (including any proceedings on

consideration of any message from the Lords) may be programmed.

Order of the Committee [9 January 2014]

That—

(1)
the Committe shall (in addition to its first meeting at 11.30 am on Thursday

9 January) meet—

(a)
at 2.00 pm on Thursday 9 January;

(b)
at 8.55 am and 2.00 pm on Tuesday 14 January;

(c)
at 11.30 am and 2.00 pm on Thursday 16 January;

(d)
at 8.55 am and 2.00 pm on Tuesday 21 January;

(e)
at 11.30 am and 2.00 pm on Thursday 23 January;

(f)
at 8.55 am and 2.00 pm on Tuesday 28 January;

(g)
at 11.30 am and 2.00 pm on Thursday 30 January;

(h)
at 8.55 am on Tuesday 4 February;

(2)
the proceedings shall be taken in the following order: Clauses 1 to 39;

Schedule 1; Clauses 40 to 43; Schedule 2; Clauses 44 to 73; Schedule 3;

Clause 74; Schedule 4; Clauses 75 to 94; Schedule 5; Clauses 95 to 102;

Schedule 6; Clauses 103 to 107; Schedule 7; Clauses 108 to 111; Schedule 8;

Clauses 112 to 125; new Clauses; new Schedules; remaining proceedings on

the the Bill.

Public Bill Committee: 28 January 2014
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Care Bill-[Lords], continued

(3)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 11.25 am on Tuesday 4 February.



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