Session 2013 - 14
Internet Publications
Other Bills before Parliament


 
 

1809

 

House of Commons

 
 

Tuesday 11 March 2014

 

Consideration of Bill

 

New Amendments handed in are marked thus Parliamentary Star

 

Care Bill, As Amended


 

Note

 

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

 

[10 March 2014].

 


 

NEW CLAUSES AND NEW SCHEDULES RELATING TO CHAPTERS 1 TO 3 OF PART 3,

 

AMENDMENTS TO CHAPTERS 1 TO 3 OF PART 3

 

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

 

information

 

Secretary Jeremy Hunt

 

NC34

 

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—

10

(a)    

the provision of health care or adult social care;

 

(b)    

the promotion of health.”.

 

(4)    

After section 262 insert—

 

“262A

Publication and other dissemination: supplementary

 

In exercising any function under this Act of publishing or otherwise

15

disseminating information, the Information Centre must have regard to

 

any advice given to it by the committee appointed by the Health Research


 
 

Consideration of Bill: 11 March 2014                  

1810

 

Care Bill, continued

 
 

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) (NC34):—

 

Dr Sarah Wollaston

 

Paul Burstow

 

Charlotte Leslie

 

Andrew George

 

Barbara Keeley

 

(a)

 

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

 

Dr Sarah Wollaston

 

Paul Burstow

 

Charlotte Leslie

 

Andrew George

 

Barbara Keeley

 

(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.”.’.

 


 

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

 

Mr Jamie Reed

 

Barbara Keeley

 

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)—


 
 

Consideration of Bill: 11 March 2014                  

1811

 

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.’.

 


 

Parliamentary oversight of the Health and Safety Care Information Centre

 

Barbara Keeley

 

Grahame M. Morris

 

Valerie Vaz

 

NC35

 

Parliamentary Star    

To move the following Clause:—

 

‘In the Health and Social Care Act 2012, after section 274, insert—

 

“(1)    

This section applies to—

 

(a)    

an information standard under section 250;

 

(b)    

guidance of the Secretary of State under section 253(1)(b);

 

(c)    

guidance of the Board under section 253(1)(c);

 

(d)    

a direction of the Secretary of State under section 254(1);

 

(e)    

a request of any person under section 255(1);

 

(f)    

a procedure of the Information Centre under section 257(1);

 

(g)    

exercise by the Information Centre of its power under section

 

259(1) and duty under section 259(8);

 

(h)    

exercise by the Information Centre of its duties and powers under

 

section 260;

 

(i)    

exercise by the Information Centre of its powers under section

 

261(1), 261(4) and 261(5);

 

(j)    

dissemination of information by the Information Centre in

 

reliance upon section 261(7);

 

(k)    

a requirement imposed on or a request made to the Information

 

Centre to which section 262 applies;

 

(l)    

the code of practice on confidential information under section

 

263;

 

(m)    

the Information Register under section 264; and

 

(n)    

advice, guidance and requests under section 265.

 

(2)    

The matters to which this section applies by virtue of subsection (1) shall

 

not take effect unless an order has been made by the Secretary of State in

 

accordance with the super-affirmative resolution procedure under section

 

18 of the Legislative and Regulatory Reform Act 2006; and the

 

provisions of Part 1 of that Act shall apply to such an order as if it was to

 

be made and was made under that Part.

 

(3)    

Regulations under section 267, section 268, section 269, section 274 and

 

paragraph 8A of Schedule 7 of the Care Act 2014 shall not take effect

 

without an order as is referred to in subsection (2).

 

(4)    

Nothing in this section shall prevent the Information Centre from

 

performing its functions to the extent that they are functions which were

 

previously those of the Health and Social Care Information Centre under


 
 

Consideration of Bill: 11 March 2014                  

1812

 

Care Bill, continued

 
 

the Health and Social Care Information Centre (Establishment and

 

Constitution) Order 2005.”.’.

 


 

Secretary Jeremy Hunt

 

8

 

Clause  109,  page  96,  line  2,  after ‘individuals’ insert ‘aged 18 or over who are’.

 


 

Mr Jamie Reed

 

29

 

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

 


 

Secretary Jeremy Hunt

 

17

 

Schedule  7,  page  145,  line  34,  at end insert—

 

‘(c)    

to the Health and Social Care Information Centre in connection with—

 

(i)    

the exercise by the Centre of functions conferred in

 

regulations under section 251 of the National Health Service

 

Act 2006 (processing of patient information for medical

 

purposes);

 

(ii)    

any publication or other dissemination by the Centre of

 

information which is in a form which identifies an individual

 

to whom the information relates or enables the identity of such

 

an individual to be ascertained.’.

 

Secretary Jeremy Hunt

 

18

 

Schedule  7,  page  146,  line  4,  at end insert—

 

‘8A      

Regulations may provide for the committee appointed under paragraph 8(1) to

 

be required, in giving advice, to have regard to specified factors or matters.’.

 



 
 

Consideration of Bill: 11 March 2014                  

1813

 

Care Bill, continued

 
 

NEW CLAUSES AND NEW SCHEDULES RELATING TO Chapter 4 of part 3,

 

amendments to chapter 4 of part 3, parts 4 and 5, amendments to part 4 and

 

5; remaining proceedings on consideration

 

Secretary of State’s response to a section 65 regulator’s report on an NHS foundation

 

trust

 

Jeremy Lefroy

 

Mr William Cash

 

Fiona Bruce

 

Mr Gary Streeter

 

Jacob Rees-Mogg

 

John Hemming

 

Mr Philip Hollobone

 

Mr Aidan Burley

 

Dr Julian Lewis

 

Mr David Davis

 

Bob Blackman

 

Mr Michael Meacher

 

NC6

 

To move the following Clause:—

 

‘In section 65KD of the National Health Service Act 2006, after subsection (1)

 

insert—

 

“(1A)    

If the Secretary of State, in relation to the report, would be satisfied as

 

mentioned in subsection (1), with the addition, omission and/or alteration

 

of recommedations contained therein that the Secretary of State regards

 

as reasonable—

 

(a)    

to secure the safety, quality or efficiency of some or all services,

 

or

 

(b)    

in the circumstances of the case

 

    

he may accept the final report as if it had been amended to provide for the

 

addition, omission or alteration so specified.

 

(1B)    

Where the Secretary of State has accepted the report with amendments as

 

specified in subsection (1A), the Secretary of State must as soon as

 

reasonably practicable—

 

(a)    

publish a notice of the decision, the amendments and the reasons

 

for them;

 

(b)    

lay a copy of the notice before each House of Parliament.”.’.

 



 
 

Consideration of Bill: 11 March 2014                  

1814

 

Care Bill, continued

 
 

Powers of local commissioners in relation to TSA recommendations

 

Paul Burstow

 

Andrew George

 

John Hemming

 

Sir Andrew Stunell

 

Mr Jamie Reed

 

Caroline Lucas

 

Dr Julian Huppert

 

Mr Michael Thornton

 

Grahame M. Morris

 

Greg Mulholland

 

NC16

 

To move the following Clause:—

 

‘(1)    

In section 65DA(1) of the National Health Service Act 2006 (Chapter 5A of Part

 

2: Objective of trust special administration) omit “objective” and insert

 

“objectives” and omit “is” and insert “are”.

 

(2)    

After subsection (1)(a) insert—

 

“(b)    

the continued provision of such of the services provided for the purposes

 

of the NHS by any affected trust at such level, as the commissioners of

 

those services determine.”.

 

(3)    

After subsection 1(b) omit “(b)” and insert “(c)”.

 

(4)    

In subsection (2) of that section after “The commissioners” insert “of the trust in

 

special administration and any affected trust”.

 

(5)    

In subsection (4) of that section after “the commissioners” add “of the trust in

 

special administration and any affected trust”.

 

(6)    

In subsection (9) of that section after ““commissioners” means the persons to

 

which the trust provides services under this Act” add “and the commissioners of

 

services at any affected trust”.

 

(7)    

In section 65F insert—

 

“(2E)    

Where the administrator is considering recommending taking action in

 

relation to another NHS foundation trust or an NHS trust which may

 

become an affected trust, the administrator shall engage with the

 

commissioners of services at any such NHS foundation trust or NHS trust

 

in order to enable those commissioners to make decisions pursuant to the

 

matters set out in section 65DA.”.

 

(8)    

In section 651(1)—

 

(a)    

after “action which the administrator recommends that the Secretary of

 

State” insert “or the commissioners of any affected trust“; and

 

(b)    

after “should take in relation to the trust” insert “or any affected trust”.

 

(9)    

In section 65K add—

 

“(3)    

Where the final report contains recommendations for changes to be made

 

to services provided by an affected trust, the commissioners of services

 

at that affected trust shall make a decision within 20 working days

 

whether they wish to undertake public and patient involvement regarding

 

all or any of the recommendations and, if they are so minded, shall

 

comply with any arrangements for patient and public involvement agreed

 

by those commissioners under this Act before making any final decision

 

concerning the said recommendations.”.

 

(10)    

In section 65KA add—

 

“(7)    

Where the final report contains recommendations for changes to be made

 

to services provided by an affected trust, the commissioners of those


 
 

Consideration of Bill: 11 March 2014                  

1815

 

Care Bill, continued

 
 

services shall make a decision within 20 working days whether they wish

 

to undertake public and patient involvement regarding all or any of the

 

recommendations and, if they are so minded, shall comply with any

 

arrangements for patient and public involvement agreed by those

 

commissioners under this Act before making any final decision

 

concerning the said recommendations.”.

 

(11)    

In section 65KB(1)(d) after “that” insert “to the extent that the report

 

recommends action in relation to the trust in administration”.

 

(12)    

In section 65KB(2)(a) after “decision” insert “in relation to any recommendations

 

made the in relation to the trust in administration”.

 

(13)    

In section 65O add—

 

“(4)    

In this chapter “affected trust” means—

 

(a)    

where the trust in question is an NHS trust, another NHS trust, or

 

an NHS foundation trust, which provides goods or services under

 

this Act that would be affected by the action recommended in the

 

draft report; and

 

(b)    

where the trust in question is an NHS foundation trust, another

 

NHS foundation trust, or an NHS trust, which provides services

 

under this Act that would be affected by the action recommended

 

in the draft report.

 

(14)    

In section 13Q(4) at the end insert “save to the extent required by section 65K(3)

 

or 65KA(7)”.

 

(15)    

In section 14Z2(7) at the end insert “save to the extent required by section 65K(3)

 

or 65KA(7)”.

 

(16)    

In section 242(6)(b) at the end insert “save to the extent required by section

 

65K(3) or 65KA(7)”.’.

 

Member’s explanatory statement

 

This Clause ensures that all commissioners of services affected by a trust special administrator’s

 

report have the right to define local specified services; clarifies that, save for the trust in

 

administration, local commissioners remain the decision makers for services they commission;

 

and restores public engagement for changes other than for a trust in administration.

 


 

Andy Burnham

 

Mr Jamie Reed

 

Caroline Lucas

 

Mark Durkan

 

Kate Hoey

 

Grahame M. Morris

 

John McDonnell

 

Mr David Crausby

 

30

 

Page  102,  line  31,  leave out Clause 119.

 

Secretary Jeremy Hunt

 

35

 

Clause  119,  page  104,  line  3,  at end insert—

 

‘(bzc)    

any local authority in whose area the trust provides goods or services

 

under this Act;

 

(bzd)    

any local authority in whose area an affected trust provides goods or

 

services under this Act;


 
contents continue
 

© Parliamentary copyright
Revised 11 March 2014