House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

1743

House of Commons

Notices of Amendments

given on

Wednesday 5 March 2014

For other Amendment(s) see the following page(s) of Supplement to Votes:

1701-04 , 1705, 1715-18, 1731-32, 1733-35 and 1737-42

Consideration of Bill

Care Bill, As Amended

John McDonnell

Jeremy Corbyn

20

Clause  12,  page  11,  line  31,  at end insert—

‘(aa)
require the local authority, when carrying out the assessment, to capture

an individual’s main and other disabling conditions.’.

John McDonnell

Jeremy Corbyn

21

Clause  5,  page  6,  line  2,  leave out from ‘must’ to end of line 4, and insert—

‘(a)
have regard to the need to ensure that sufficient services are available for

meeting the needs for care and support of adults in its area and the needs

for support of carers in its area; and

(b)
ensure that the fee levels provided to independent providers for the

delivery of care and support services are derived from a national formula

which determines the accurate cost of care in each local authority area,

the result of which will mean that the provisions of paragraphs (2)(b), (d),

(e) and (f) can be delivered effectively.’.

John McDonnell

Jeremy Corbyn

22

Clause  76,  page  69,  line  33,  after ‘adults’, insert ‘and children’.

John McDonnell

Jeremy Corbyn

23

Clause  76,  page  69,  line  37,  after ‘adults’, insert ‘and children’.

Notices of Amendments: 5 March 2014
1744

Care Bill, continued

John McDonnell

Jeremy Corbyn

24

Clause  76,  page  69,  line  42,  after ‘adults’, insert ‘and children’.

John McDonnell

Jeremy Corbyn

25

Clause  76,  page  69,  line  44,  after ‘adults’, insert ‘or child’.

John McDonnell

26

Clause  1,  page  2,  line  5,  at end insert—

‘(j)
the right to living independently and being included in the

community.’.

Mr Robert Buckland

27

Clause  42,  page  38,  line  24,  at end insert—

‘(2A)
There are different types of abuse, as defined in guidance.’.

Mr Robert Buckland

28

Clause  42,  page  38,  line  29,  at end add—

‘(4)
A relevant partner, as defined in section 6(7) has a duty, where it has reasonable

cause to suspect a person is an adult at risk of abuse or neglect, and the adult

appears to be within the local authority’s area, to inform the local authority of that

fact.’.

Misuse of data provided by the Health and Social Care Information Centre: offence

Mr Jamie Reed

NC25

To move the following Clause:—

‘(1)
A person or entity commits an offence if they misuse, or negligently allow the

misuse of information they have requested and received from the Health and

Social Care Information Centre.

(2)
“Misuse” means—

(a)
using information in a way that violates the agreement with the Health

and Social Care Information Centre;

(b)
using information in a way that does not violate the agreement with the

Health and Social Care Information Centre, but that gives rise to use that

is outside the agreed limits of use; or

(c)
using information supplied by the Health and Social Care Information

Centre in such a way as to allow or enable individual patients to be

identified by a third party.

(3)
A person who is guilty of an offence under subsection (1) is liable—

(a)
on summary conviction, to an unlimited fine;

(b)
on conviction on indictment, to imprisonment for not more than two

years or a fine, or both.

(4)
An entity who is guilty of an offence under subsection (1)—

Notices of Amendments: 5 March 2014
1745

Care Bill, continued

(a)
is liable to an unlimited fine; and

(b)
must disclose the conviction on all future applications to access data from

the Health and Social Care Information Centre.’.

Mr Jamie Reed

29

Clause  116,  page  100,  line  29,  after ‘Authority’, insert ‘and the Secretary of State’.

Andy Burnham

Mr Jamie Reed

Caroline Lucas

Mark Durkan

30

Page  102,  line  31,  leave out Clause 119.

Declassification of a police station as a place of safety for the purposes of section 136 of

the Mental Health Act 1983

Paul Burstow

Dr Sarah Wollaston

NC26

To move the following Clause:—

‘(1)
The definition of a place of safety in section 135(6) of the Mental Health Act 1983

shall no longer be read to include a police station for the purposes of section 136

of that Act.

(2)
With regard to persons removed to a place of safety under section 136(1) of the

Mental Health Act 1983, subsection (1) above shall have effect from—

(a)
1 April 2015, where such a person is aged 18 years or under; and

(b)
1 April 2017, where such a person is aged over 18 years.

(3)
By 31 March 2015 the Secretary of State shall prepare and lay before each House

of Parliament a report setting out the progress made by that date towards fulfilling

the objective set out in subsection (1) above.’.

The Health and Social Care Information Centre: restrictions on dissemination of

information

Secretary Jeremy Hunt

NC14

To move the following Clause:—

‘(1)
Chapter 2 of Part 9 of the Health and Social Care Act 2012 (the Health and Social

Care Information Centre) is amended as follows.

(2)
In section 253(1) (general duties), after paragraph (c) (but before the “and” after

it) insert—
5
“(ca)
the need to respect and promote the privacy of recipients of

health services and of adult social care in England,”.

(3)
In section 261 (other dissemination of information), after subsection (1) insert—

“(1A)
But the Information Centre may do so only if it considers that

disseminating the information would be for the purposes of the provision
10
of health care or adult social care.”

Notices of Amendments: 5 March 2014
1746

Care Bill, continued

(4)
After section 262 insert—

“262A
Publication and other dissemination: supplementary

In exercising any function under this Act of publishing or otherwise

disseminating information, the Information Centre must have regard to
15
any advice given to it by the committee appointed by the Health Research

Authority under paragraph 8(1) of Schedule 7 to the Care Act 2014

(committee to advise in connection with information dissemination

etc).”’.

As Amendments to Secretary Jeremy Hunt’s proposed New Clause (The Health and

Social Care Information Centre: restrictions on dissemination of information) (NC14):—

Dr Sarah Wollaston

Paul Burstow

Charlotte Leslie

(a)

Line  9,  after ‘of’, insert ‘improving’.

Dr Sarah Wollaston

Paul Burstow

Charlotte Leslie

(b)

Line  10,  at end insert ‘; and if it has satisfied itself that the recipient is competent

to handle the data in compliance with all statutory duties and to respect and

promote the privacy of recipients of health services and adult social care.”.’.



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