House of Commons Public Bill Committee Proceedings

Session 2013 - 14
Internet Publications
Other Bills before Parliament

31

House of Commons

Tuesday 28 January 2014

Public Bill Committee Proceedings

Care Bill [Lords]

[ELEVENTH AND TWELFTH Sittings]

Paul Burstow

Withdrawn  48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

Not called  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

Not called  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.’.

Clause Agreed to.

Clause 82 Agreed to.

Liz Kendall

Mr Jamie Reed

Withdrawn  146

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

‘( )
Relevant Local Authorities.’.

Public Bill Committee Proceedings: 28 January 2014
32

Care Bill-[Lords], continued

Liz Kendall

Mr Jamie Reed

Withdrawn  142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.’.

Clause Agreed to.

Clauses 84 to 87 Agreed to.

Paul Burstow

Withdrawn  49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 Qual

ity Commission to review or investigate local authority social care provision or commissioning

without first securing, singular or joint, Ministerial approval.

Clause Agreed to.

Mrs Emma Lewell-Buck

Mr Jamie Reed

Liz Kendall

Not called  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

Not called  127

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

adult social services’.

Public Bill Committee Proceedings: 28 January 2014
33

Care Bill-[Lords], continued

Paul Burstow

Withdrawn  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

Not called  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

Agreed to  154

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

Mr Jamie Reed

Liz Kendall

Not called  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

Not called  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

Not called  143

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

Liz Kendall

Mr Jamie Reed

Not called  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

Not called  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 Proceedings: 28 January 2014
34

Care Bill-[Lords], continued

Mr Jamie Reed

Liz Kendall

Not called  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

Not called  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

Not called  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 Qual

ity Commission to review or investigate local authority social care provision or commissioning

without first securing, singular or joint, Ministerial approval.

Paul Burstow

Not called  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 Qual

ity 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

Not called  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.’.

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 28 January 2014
35

Care Bill-[Lords], continued

Mr Jamie Reed

Liz Kendall

Withdrawn  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

Not called  145

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

services provided by local authorities.’.

Clause Agreed to.

Clauses 91 to 94 Agreed to.

Paul Burstow

Withdrawn  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.’.

Schedule Agreed to.

Clause 95 Agreed to.

Mr Jamie Reed

Liz Kendall

Not called  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

Withdrawn  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 Proceedings: 28 January 2014
36

Care Bill-[Lords], continued

Clause Agreed to.

Clause 97 Agreed to.

Paul Burstow

Not called  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

Not called  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

Not called  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.’.

Clause Agreed to.

Mr Jamie Reed

Liz Kendall

Grahame M. Morris

Not called  165

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

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

Clause Agreed to.

Public Bill Committee Proceedings: 28 January 2014
37

Care Bill-[Lords], continued

Mr Jamie Reed

Liz Kendall

Withdrawn  166

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

‘(g)
professional bodies;

(h)
royal colleges;

(i)
trade unions;

(j)
commissioners;

(k)
patients’ groups.’.

Clause Agreed to.

Clause 101 Agreed to.

Paul Burstow

Withdrawn  122

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

Paul Burstow

Not called  123

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

Paul Burstow

Not called  124

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

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

Clause Agreed to.

Schedule 6 Agreed to.

Clause 103 Agreed to.

Mr Jamie Reed

Liz Kendall

Not called  167

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

‘(b)
relevant commissioners.’.

Clause Agreed to.



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