House of Commons Public Bill Committee Proceedings

Session 2013 - 14
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Other Bills before Parliament

1

House of Commons

Thursday 9 January 2014

Public Bill Committee Proceedings

Care Bill [Lords]

[First and Second Sittings]

Norman Lamb

Agreed to

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.

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

conclusion at 11.25 am on Tuesday 4 February.

Public Bill Committee Proceedings: 9 January 2014
2

Care Bill-[Lords], continued

Norman Lamb

That, subject to the discretion of the Chair, any written evidence received by the

Committee shall be reported to the House for publication.

Agreed to

Paul Burstow

Withdrawn  26

Clause  1,  page  1,  line  5,  after ‘authority’, insert ‘and any health service body when

exercising any function jointly with one or more local authorities’.

Liz Kendall

Mr Jamie Reed

Negatived on division  57

Clause  1,  page  1,  line  6,  at end insert ‘and independent living’.

Liz Kendall

Mr Jamie Reed

Not moved  58

Clause  1,  page  1,  line  6,  at end insert—

‘(a)
any duties relating to independent living should promote the wider

definition of independent living as expressed in article 19 of the UN

Convention on the Rights of Persons with Disabilities.’.

Liz Kendall

Mr Jamie Reed

Not moved  59

Clause  1,  page  1,  line  7,  after first ‘Well-being’, insert ‘and independent living’.

Liz Kendall

Mr Jamie Reed

Not moved  60

Clause  1,  page  1,  line  12,  after ‘control’, insert ‘and choice’.

Liz Kendall

Mr Jamie Reed

Not moved  61

Clause  1,  page  1,  line  15,  before ‘participation’, insert ‘full and equal access to

and’.

Liz Kendall

Mr Jamie Reed

Not moved  62

Clause  1,  page  1,  line  15,  at end insert ‘cultural, public and community life’.

Liz Kendall

Mr Jamie Reed

Not moved  63

Clause  1,  page  1,  line  18,  after ‘suitability’, insert ‘and choice’.

Public Bill Committee Proceedings: 9 January 2014
3

Care Bill-[Lords], continued

Liz Kendall

Mr Jamie Reed

Not moved  64

Clause  1,  page  2,  line  1,  at end insert ‘and their participation and inclusion as equal

and valued citizens’.

Paul Burstow

Sarah Newton

Not moved  27

Clause  1,  page  2,  line  3,  after ‘authority’, insert ‘and any health service body when

exercising any function jointly with one or more local authorities’.

Liz Kendall

Mr Jamie Reed

Negatived on division  65

Clause  1,  page  2,  line  21,  leave out ‘the individual’ and insert ‘an adult or a

disabled child’.

Paul Burstow

Sarah Newton

Not moved  28

Clause  1,  page  2,  line  33,  at end add—

‘(5)
“Health service body” has the same meaning as in section 9(4) of the National

Health Service Act 2006.’.

Clause Agreed to.

Liz Kendall

Mr Jamie Reed

Not moved  66

Clause  2,  page  2,  line  37,  at end insert ‘whether or not that adult meets the local

authority eligibility criteria set out in Clause 13.’.

Paul Burstow

Grahame M. Morris

Sarah Newton

Dr Sarah Wollaston

Not moved  29

Clause  2,  page  3,  line  2,  at end insert—

‘(3A)
NHS bodies shall co-operate with local authorities to support their activities

under subsections (1) and (2), in particular to—

(a)
promote and safeguard the health and well-being of carers;

(b)
establish effective procedures to identify patients who are or are about to

become carers; and

(c)
ensure that carers receive appropriate information and advice.

(3B)
Reference to an NHS body in a local authority’s area is a reference to—

(a)
the National Health Service Commissioning Board, so far as its functions

are exercisable in relation to the authority’s area;

(b)
a clinical commissioning group the whole or part of whose area is in the

authority’s area; or

Public Bill Committee Proceedings: 9 January 2014
4

Care Bill-[Lords], continued

(c)
an NHS trust or NHS foundation trust which provides services in the

authority’s area.’.

Paul Burstow

Grahame M. Morris

Sarah Newton

Withdrawn  55

Clause  2,  page  3,  line  2,  at end insert—

‘(d)
the importance of identifying suitable living accommodation to exercise

that duty’.

Liz Kendall

Mr Jamie Reed

Negatived on division  67

Clause  2,  page  3,  line  2,  at end insert—

‘(d)
the importance of working with health bodies in carrying out the function

in subsection (c).’.

Clause Agreed to.

Liz Kendall

Mr Jamie Reed

Withdrawn  68

Clause  3,  page  3,  line  32,  after ‘support provision with’, insert ‘housing’.

Liz Kendall

Mr Jamie Reed

Not moved  69

Clause  3,  page  3,  line  41,  at end insert—

‘(1A)
Housing providers must exercise their functions with a view to ensuring

integration of services as set out in subsection (1).’.

Liz Kendall

Mr Jamie Reed

Not moved  70

Clause  3,  page  3,  line  41,  at end insert—

‘(1A)
NHS bodies must exercise their functions with a view to ensuring the integration

of services for the purposes of enhancing the health and wellbeing of people, in

keeping with the duty on Health and Wellbeing Boards enshrined in section 195

of the Health and Social Care Act 2012.’.

Clause Agreed to.

Public Bill Committee Proceedings: 9 January 2014
5

Care Bill-[Lords], continued

Liz Kendall

Mr Jamie Reed

Grahame M. Morris

Withdrawn  71

Clause  4,  page  4,  line  19,  leave out ‘and maintain’ and insert ‘maintain and

facilitate access to’.

Paul Burstow

Withdrawn  30

Clause  4,  page  4,  line  32,  at end insert—

‘( )
how to complain about a decision made under this Part.’.

Paul Burstow

Sarah Newton

Not moved  56

Clause  4,  page  4,  line  32,  at end insert—

‘( )
suitable living accommodation, and the choice of providers, available in

the authority’s area.’.

Liz Kendall

Mr Jamie Reed

Grahame M. Morris

Not moved  72

Clause  4,  page  4,  line  32,  at end insert—

‘( )
available housing options, and the choice of providers, available in the

authority’s area,’.

Liz Kendall

Mr Jamie Reed

Grahame M. Morris

Not moved  75

Clause  4,  page  4,  line  32,  at end insert—

‘( )
how to access advice on housing options’.

Liz Kendall

Mr Jamie Reed

Negatived on division  73

Clause  4,  page  4,  line  46,  at end insert—

‘(c)
ensure that such advice is provided by appropriately trained individuals

and to an appropriate standard.’.

Liz Kendall

Mr Jamie Reed

Not moved  74

Clause  4,  page  5,  line  2,  at end insert ‘and anyone else who might benefit from

receiving it’.

Liz Kendall

Mr Jamie Reed

Not moved  76

Clause  4,  page  5,  line  3,  at end insert—

Public Bill Committee Proceedings: 9 January 2014
6

Care Bill-[Lords], continued

‘(4A)
The advice and information made available to adults with care and support needs

must include tailored information for individuals with specific medical

conditions and complex individual needs.’.

Paul Burstow

Sarah Newton

Not moved  31

Clause  4,  page  5,  line  11,  at end insert—

‘(7)
Regulations must make provision for an effective and independent system for

revolving disputes between individuals and local authorities regarding decisions

taken under this Part. Regulations shall also set out the conditions that apply to

each party to a dispute and when decisions made are binding.’.

Clause Agreed to.

Paul Burstow

Liz Kendall

Mr Jamie Reed

Withdrawn  32

Clause  5,  page  5,  line  18,  after ‘of’, insert ‘appropriate’.

Paul Burstow

Not moved  33

Clause  5,  page  5,  line  37,  at end insert ‘, in particular by collecting information

from users as well as providers to inform assessment of the quantity, quality and

appropriateness of services and support provided.’.

Liz Kendall

Mr Jamie Reed

Not moved  78

Clause  5,  page  5,  line  40,  at end insert—

‘(g)
the importance of ensuring adults with needs for care and support have

access to suitable living accommodation;’.

Liz Kendall

Mr Jamie Reed

Not moved  79

Clause  5,  page  5,  line  40,  at end insert—

‘(g)
the importance of ensuring the diversity of the market, to ensure that

adults with needs for care and support have a choice of types of providers

of services, such as the choice between—

(i)
private sector providers of services;

(ii)
third sector providers of services;

(iii)
public sector providers of services; and

(iv)
mutual or co-operative providers of services.’.

[Adjourned until Tuesday 14 January at 8.55 am



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